HomeMy WebLinkAboutOrdinance 4823 Doc ID : 009702140002 Tvoe : REL
Recorded : 02/28/2006 at 09 : 54 : 29 AM
Fee Amt : $11 . 00 Pace 1 of 2
MashlnQt On Countv . AR
Bette Stamoe Circuit Clerk
ORDINANCE NO. 4823 F11e2006-00008165
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 06- 1887
FOR APPROXIMATELY .31 ACRES LOCATED AT
1068 CATO SPRINGS ROAD FROM I- 1 , HEAVY
COMMERCIAL/LIGHT INDUSTRIAL TO RT- 12,
RESIDENTIAL TWO AND THREE FAMILY, 12 UNITS
PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l : That the zone classification of the following described property is
hereby changed as follows:
From I- 1 , Heavy Commercial/Light Industrial to RT- 12, Residential Two
and Three Family, 12 units per acre, as shown on Exhibit "A" attached
hereto and made a part hereof.
Section 2 : That the official zoning map of the City of Fayetteville, Arkansas is
hereby amended to reflect the zoning change provided in Section 1 above.
PASSED and APPROVED this 171hday of January, 2006.
APPROVED:
Y 0 SGP
- U; FAYETTEVILLE O By:
AN GOODY, Mayor
ATTEST: yN;TON
GTMA �J
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 06-1887
A PART OF THE SW 1 /4 OF THE SW 1 /4 OF SECTION 21 , T- 16-N, R-30-W,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS BEGINNING AT THE SW CORNER OF SAID 4-ACRES TRACT;
THENCE NORTH 100.00 FEET; THENCE EAST 135 .00 FEET; THENCE SOUTH
100.00 FEET; THENCE WEST 135 .00 FEET TO THE POINT OF BEGINNING
CONTAINING .31 ACRES, MORE OR LESS. SUBJECT TO EXISTING
EASEMENTS AND RESTRICTIONS OF RECORDS, IF ANY.
Washington County, AR
I certify this instrument was filed on
02/28/2006 09:54:29 AM
and recorded in Real Estate
File Number 2006-00008165
Bette Stamps - Circuit Cleyl
by ll/�1
ore p
City of Fayetteville
Staff Review Form
City Council Agenda Items
or %0676°1 �an
Contracts /l�
17-Jan-06
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
RZN 06- 1887 (Hoggatt, 638-639 ): Submitted by Halley Hoggatt for property located at 1068 Cato Springs Road. The
property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 0.31 acres. The request is to rezone the
subject property to RMF-24, Residential Mult-family, 24 units per acre, in order to rebuild the bumed structure.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Pro ram / Project Category Name
n/a n/a n/a
�9 1 $
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
(n 2.9 ^�w Previous Ordinance or Resolution # n/a
Department birector Date Original Contract Date: n/a
Original Contract Number: n/a
IZ'JJ ' OJ
City Attorney
Receive i 1 rk's Office
Finance Xnd Internal Service Director ate
Received in Mayor's Office Ell ERE
sq �f
Mayor Date
Comments:
City Council Meeting of January 17, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations �Q
From: Jeremy C. Pate, Director of Current Planning d'
Date: December 30, 2005
Subject: Rezoning for Hoggatt (RZN 05- 1887)
RECOMMENDATION
Planning staff recommends approval of the proposed down-zoning from 1- 1 , Heavy
Commercial/Light Industrial to RMF-24, Residential Multi-family, 24 units per acre, on
approximately 0.31 acres located on Cato Springs Road.
BACKGROUND
The subject property contains 0.31 acres, owned by Northwest Property Management,
LLC, Halley and Candace Hoggatt. There is no pending sale. Located at the northeast
corner of Garland Avenue and Cato Springs Road, a two-family residential structure
currently occupies the site, and recently suffered substantial damage due to a grease fire.
The structure has served as a residence since 1960, prior to current zoning regulations.
However, the existing I- 1 zoning district does not allow for residential uses unless they
are accessory in nature to a principal, permitted use on the property. Therefore, the use is
considered nonconforming and cannot be permitted to be re-constructed without a change
in the zoning district. Adjacent uses include residential development in all directions,
within multiple zoning districts (RMF-24, RSF-4 and I- 1 ). The applicant wishes to repair
the one side of the two-family dwelling that was destroyed to continue the long-
established residential use of the subject property.
Staff met with the applicant upon receipt of a building permit to repair the structure. Only
10% of normal repairs to a structure containing a nonconforming use is permitted. In
order to allow for this established, 45-year use to continue, staff recommended the
applicant pursue a request for a rezoning to a residential district that would allow for the
established use to become conforming in a timely manner.
DISCUSSION
This item is scheduled to be heard at the regular Planning Commission meeting of
January 09, 2006. Due to the Planning Commission having only one meeting in
December, and the applicant attempting to provide a tenant with utilities as soon as
possible, staff has requested this item be placed on the City Council agenda prior to a
recommendation. The Planning Commission vote will be forwarded to the City Council
prior to the City Council hearing.
BUDGET IMPACT None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 06- 1887 FOR APPROXIMATELY
.31 ACRES LOCATED AT 1068 CATO SPRINGS ROAD FROM I- 1 ,
HEAVY COMMERCIAL/LIGHT INDUSTRIAL TO RMF-24,
RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE.
BE IT ORDAINED BY THE CITY COUNCIL OF TME`GITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classification of the following described property is
hereby changed as follows:
From I- 1 , Heavy Commercial//Ligh' Qndustii�al to RMF 24, Residential
Multi-Family, 24 units per acre, as shown on Exhibit "A' At�ached hereto and made a
part hereof. !y
Section 2 : That the official zo g m p of the C y ftfayetteville, Arkansas is
hereby amended to reflect the zoning change provided in Sec' above.
PASSED and APPROVED thiss\ /.day`o 2006.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 06-1887
A PART OF THE SW '/< OF THE SW '/4 OF SECTION 21 , T-16-N , R-30-W,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS BEGINNING AT THE SW CORNER OF SAID 4-ACRES
TRACT; THENCE NORTH 100.00 FEET; THENCE EAST 135.00 FEET;
THENCE SOUTH 100.00 FEET; THENCE WEST 135.00 FEET TO THE POINT
OF BEGINNING CONTAINING .31 ACRES, MORE OR LESS. SUBJECT TO
EXISTING EASEMENTS AND RESTRICTIONS OF RECORDIF ANY.
,gym _
Ta
0*4
ye evl e PC Meeting of January 9, 2006
ARKANSAS
125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM : Andrew Garner, Senior Planner
THRU : Jeremy Pate, Director of Current Planning
DATE: December 28, 2005
RZN 06- 1887: Rezoning (Hoggatt, 638/639): Submitted by HALLEY AND CANDACE
HOGGATT for property located at THE NORTHEAST CORNER OF CATO SPRINGS ROAD
AND GARLAND AVENUE. The property is ZONED I- I , Heavy Commercial and Light Industrial,
and contains approximately 0.31 acres. The request is to rezone the subject property to RMF-24,
Residential Multi-Family, 24 units per acre, in order to rebuild the burned structure.
Property Owner: Northwest Property Management, LLC
Planner: Andrew Garner
RECOMMENDATION :
Staff recommends approval of the requested rezoning based on the findings herein.
PLANNING COMMISSION ACTION: Required YES
El Approved 0 Denied
Date: January 9, 2006
CITY COUNCIL ACTION : Required YES
0 Approved ❑ Denied
Date: January 17, 2006 (1st reading if recommended)
BACKGROUND:
Property Description and Background: The subject property contains approximately 0.31 -acres
owned by Northwest Property Management, LLC. The property contains a two-family residential
structure that recently suffered substantial damage due to a grease fire. The structure has served as a
residence since 1960, prior to current zoning regulations. However, the existing I- 1 zoning district
does not allow for residential uses unless they are accessory in nature to a principal, permitted use on
the property. Therefore, the use is considered nonconforming and cannot be permitted to be re-
constructed without a change in the zoning district. As depicted in Table / , adjacent uses include
K:I Reports110061PC Reporrs101-09-061R7V 06- 1887 /noggan/.doc
residential development in all direction, within multiple zoning districts. The applicant wishes to
repair the one side of the two-family dwelling that was destroyed to continue the long-established
residential use of the subject property.
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
from Site
North Multi- and Single- Family Residential RSF-4, Res. Single Family — 4 units/acre
South Single-Family Residential 1-1 , Heavy Commercial and Light Industrial; RMF-
24, Residential Multi-Family 24 Units/Acre
East Single-Family Residential RSF-4, Res. Single Family — 4 units/acre
West Multi-Family Residential RMF-24, Residential Multi-Family 24 Units/Acre
Proposal: The applicant intends to reconstruct the existing residential structure destroyed by a fire.
Therefore, the applicant is requesting the property be rezoned from 1- 1 , Heavy Commercial and Light
Industrial, to RMF-24, Residential Multi-Family, 24 Units per Acre.
Recommendation: Staff recommends approval of the rezoning request to rezone the subject property
RMF-24 based on findings herein.
INFRASTRUCTURE:
Streets: Currently the site has access to Cato Springs Road (a Minor Arterial)
and Garland Avenue (a Collector).
Water and Sewer: Public water and sewer are provided to the site.
Fire and Police: At the time of publication of this staff report, the Fayetteville Police
and Fire Departments had not provided formal responses to this
rezoning request, although both of these services are currently
provided to the property. The proposed rezoning would result in
potentially less intense uses than the current I- I zoning. The existing
residential uses on the site would continue as indicated by the
applicant.
LAND USE PLAN : General Plan 2020 designates this site Mixed Use. Rezoning this property to
RMF-24 is consistent with the land use plan and compatible with surrounding land uses in the area.
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: The proposed RMF-24 zoning to maintain the long-established residential uses
on the site is compatible with adjacent and nearby single and multi-family
residential land use. The General Plan designates this area for mixed use, and
K:1Reportsp0061 PC Report001-09-061 RZN 06-1887 tfloggatt).doc
the property is directly adjacent to similarly zoned and developed property,
which is compatible with the proposed RMF-24 zoning.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is justified and needed immediately in order to rebuild the
residential structure that was destroyed by a fire. Staff rinds that this zoning is
compatible with the General Plan 2020 and surrounding developments within
the City.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will not provide additional traffic on adjacent streets over
the current -zoning. The applicant has indicated that the existing residential
uses would be retained on the site. This down-zoning from 1-1 to RMF-24
would theoretically result in lower traffic impacts to infrastructure than would
be allowed under the current 1-1 zoning, however, the existing and future land
use of the site is not anticipated to change with this rezoning, and impacts to
traffic danger and congestion would remain unchanged.
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: The proposed zoning would increase population density. Under the 1-1 zoning,
residential uses are allowed as accessory uses, thereby limiting the amount of
residential development on the site. The proposed RMF-24 zoning would
increase the population density. However, the site has been under residential
use and being provided public services since approximately 1960. Therefore the
proposed zoning would not increase the load on public services including
schools, water, and sewer.
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
K:IReporrs120061PC Reporal01-09-06IRZ. V 06-1337 OfogeafQ.doc
Fayetteville Unified Development Code
Section 161 .20 District 1-1 , Heavy Commercial And Light Industrial
(A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and
light industrial uses which are compatible with one another but are inappropriate in other commercial or
industrial districts. The Light Industrial District is designed to group together a wide range of industrial uses,
which do not produce objectionable environmental influences in their operation and appearance. The
regulations of this district are intended to provide a degree of compatibility between uses permitted in this
district and those in nearby residential districts.
(B) Uses.
( 1 ) Permitted uses.
Unit 1 Ci -wide uses by right
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 6 Agriculture
Unit 12 Offices, studios and related facilities
Unit 13 Eafing places
Unit 17 Trades and services
Unit 18 Gasoline service stations 8 drive-in restaurants
Unit arehou ing and wholesale
Unit 22 Manufacturin
Unit 25 Professional offices
Unit 27 Wholesale bulk petroleum storage facilities with
underground storage tanks
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 19 Commercial recreation, small sites
Unit 20 Commercial recreation, large sites
Unit 28 Center for collecting recyclable materials
Unit 36 Wireless communications facilities
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front, when adjoining A or R districts 50 h.
Front, when adjoining C, I, or P districts 25 fL
Side, when adjoining A or R districts 50 ft.
Side, when adjoining C, I, or P districts 10 ft.
Rear, when adjoining C, I, or P districts 10 ft.
(F) Height regulations. There shall be no maximum height limits in 1- 1 District, provided, however, that any
building which exceeds the height of 25 feet shall be set back from any boundary line of any residential district a
distance of one foot for each foot of height in excess of 25 feet.
(G) Building area. None.
(Code 1965, App. A., An. Sl VIII): Ord. No. 2351 , 6-2-77: Ord. No. 2430, 3-21-78; Ord. No. 2516. 4-3-79; Ord. No. 1747, 6-29-70; Code 1991 ,
§ 160.039; Ord. No. 4100, §2 ( Ex. A), 6-
K IReporrs120061PC Repottsl01-09-061R%N 06- 1887 /Hoggato.doc
Fayetteville Unified Development Code
Section 161 .13 District Rmf-24, Residential Multi-Family — Twenty-Four 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.
(13) Uses.
( 1 ) Pernitred uses.
Unit 1 Ci -wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three-family dwellings
Unit 26 Multi-family dwellings
(2) Conditional uses.
Unit 2 Ci -wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 11 Manufactured home park
Unit 25 Professional offices
Unit 24 Home occupations
Unit 36 Wireless communications facilities
(C) Density.
Units per acre 4 to 24
(D) Bulk and area regulations.
( 1 ) Lot width minimum.
Manufactured home park 100 It
Lot within a Manufactured 50 ft.
home park
Single-family 60 ft.
Two-family 60 ft.
Three or more 90 ft.
Professional offices 100 ft.
(2) Lot area minimum.
Manufactured home park 3 acres
Lot within a mobile home 4,200 sq. ft.
ark
Townhouses:
*Development 10,000 sq. ft.
.Individual lot 2,500 sq. ft.
Single-family 6,000 sq. ft.
Two-family7,000 sq. It.
Three or more 9,000 sq. ft.
Fraterni or Sorori 2 aces
Professional offices 1 ages
K:Weporrs120061PC Repo sl0l-09.061R%N 06-1887 (lloggnrq.doc
(3) Land area per dwelling unit.
Manufactured home 3,000 sq. ft.
Apartments:
.No bedroom 1 ,700 sq. ft.
*One bedroom 1 ,700 sq. k.
.Two bedroom 2,000 sq. ft.
Fraternity or Sorority 1 ,000 sq. ft. per resident
(E) Setback requirements .
Front Side Rear
25 ft. 1 8 ft. 1 25 ft.
Cross reference(s)--Variance, Ch. 156.
(F) Height regulations. Any building which exceeds the height of 20 feet shall be set back from any side
boundary line an additional distance of one foot for each foot of height in excess of 20 feet.
(G) Building area. None.
(Code 1965, App. A., An. 5(111); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81 ; Code 1991 , 0160.033; Ord. No. 4100, 02 (Ex. A), 6-16-98; Ord.
No. 4178, 8-31 -99)
K:IReports 1200MPC Reportsl0/-09-061RZN 06-1887 (Ftoggaa).doc