HomeMy WebLinkAboutOrdinance 5090 ORDINANCE NO, 5090
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 07-2781 , FOR
APPROXIMATELY 0.55 ACRES, LOCATED 1/4 MILE NORTH
OF NORTH STREET ON THE EAST SIDE OF LEVERETT
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 THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classification of the following described property is hereby
changed as follows:
From I- 1 , Heavy Commercial/Light Industrial to RMF-
24, Residential Multi-Family, 24 units per acre, as shown
on Exhibits "A" and `B" 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 18th day of December, 2007.
APPROVED: ATTEST:
64t
By: By: � auuuu+
DAN COODY, Mayor V SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "B"
RZN 07-2781
PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION
9, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT A FOUND MAG NAIL BEING THE NORTHWEST CORNER OF THE
ABOVE SAID SOUTHEAST QUARTER; THENCE S02°32'46"W, ALONG THE WEST LINE
OF THE ABOVE SAID SOUTHEAST QUARTER, A DISTANCE OF 222.63 FEET TO THE
TRUE POINT OF BEGINNING; THENCE S87°26'23 "E, LEAVING THE ABOVE SAID
WEST LINE, A DISTANCE OF 279.49 FEET; THENCE SO4°35'57"E, A DISTANCE OF
42.74 FEET; THENCE S 16°29'37"W, A DISTANCE OF 43 .59 FEET; THENCE N87°26'23"W,
A DISTANCE OF 274.30 FEET TO A POINT ON THE ABOVE SAID WEST LINE; THENCE
NO2032146"E, ALONG THE ABOVE SAID WEST LINE, A DISTANCE OF 84.72 FEET TO
THE POINT OF BEGINNING AND CONTAINING 23,793 SQUARE FEET OR 0.55 ACRES,
MORE OR LESS. SUBJECT TO THE RIGHT-OF-WAY OF LEVERETT AVENUE ON THE
WEST LINE.
City of Fayetteville
Staff Review Form
City Council Agenda Items J`D`JD
or
Contracts le7A) 07 -a 7A
4-Dec-07 �
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
RZN 07-2781 : Dandy, 405 : Submitted by H2 Engineering, Inc. for property located 1/4 mile north of North Street on the east
side of Leverett. The property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 0.55 acres. The
request is to rezone the property to RMF-24, Residential Multi-Family, 24 units per acre.
Action Required: n/a n/a
Cost of this request CategorytProject Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project CategoryName
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Department director Date Original Contract Date: n/a
Original Contract Number: n/a
City Attorney ,
Received in Ci Clerk's fficeR � ENTERED
`P Q
It - 11-0-7
Finance and Internal Service Director Date
Received in Mayor's Office
L�S: / oY
Mayor Date
Comments:
40 vn Spic c eemel 414JI4g
City Council Meeting of December 4, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations `p
From: Jeremy C. Pate, Director of Current Planning
Date: November 15, 2007
Subject: Rezoning for Dandy 1368 N. Leverett (RZN 07-2781 )
RECOMMENDATION
Planning staff and the Planning Commission recommended to approve rezoning the
subject property from 1- 1 , Heavy Commercial/Light Industrial to RMF-24, Residential
Multi-family, 24-units per acre for approximately 0.55 acres located at 1368 N. Leverett
Ave.
BACKGROUND
The property is located at 1368 N. Leverett, north of North Street. There is an existing
residential structure on the property. Property to the north, east, and west consists of
multi-family developments.
DISCUSSION
This item was heard at the regular Planning Commission meeting on November 13, 2007.
The Planning Commission voted 9-0-0 to recommend forwarding this rezoning request to
the City Council with a recommendation for approval.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 07-2781 , FOR
APPROXIMATELY 0.55 ACRES, LOCATED Y. MILE NORTH
OF NORTH STREET ON THE EAST SIDE OF LEVERETT
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 THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classification of the following described property is hereby
changed as follows:
From 1-1 , Heavy Commercial/Light Industrial to RMF-
24, Residential Multi-Family, 24 units per acre, as shown
on Exhibits "A" and "B" 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 I above.
PASSED and APPROVED this day of 12007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
EXHIBIT "B"
RZN 07-2781
PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 9, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL
MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND MAG NAIL BEING THE NORTHWEST CORNER OF
THE ABOVE SAID SOUTHEAST QUARTER; THENCE S02°32'46"W, ALONG THE
WEST LINE OF THE ABOVE SAID SOUTHEAST QUARTER, A DISTANCE OF 222.63
FEET TO THE TRUE POINT OF BEGINNING; THENCE S87°26'23"E, LEAVING THE
ABOVE SAID WEST LINE, A DISTANCE OF 279.49 FEET; THENCE SO403515711E, A
DISTANCE OF 42.74 FEET; THENCE S16°29'37"W, A DISTANCE OF 43.59 FEET;
THENCE N87026'23"W, A DISTANCE OF 274.30 FEET TO A POINT ON THE ABOVE
SAID WEST LINE; THENCE NO2032'46"E, ALONG THE ABOVE SAID WEST LINE, A
DISTANCE OF 84.72 FEET TO THE POINT OF BEGINNING AND CONTAINING
23,793 SQUARE FEET OR 0. 55 ACRES, MORE OR LESS. SUBJECT TO THE
RIGHT-OF-WAY OF LEVERETT AVENUE ON THE WEST LINE.
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North and East Multi-family dwellings RMF-24, Residential Multi-family
West Multi-family dwellings RMF-40, Residential Multi-family
South Industrial I- 1 , Heavy Commercial/Light Industrial
Proposal: The applicant proposes a rezoning of the subject property to allow for the development of
multi-family dwelling units.
Request: The request is to rezone the subject property from I- 1 , Heavy Commercial/Light Industrial
to RMF-24, Residential Multi-family, 24-units per acre.
INFRASTRUCTURE:
Streets: The site has access to Leverett Avenue, a Collector Street, which is currently an
improved two-lane road. Street improvements to Leverett Avenue will be evaluated
at the time of development.
Water: A 6" waterline is located adjacent to the property, along Leverett Ave. Water may
need to be extended through the site at the time of development.
Sewer: There is an 8" main along Leverett Ave. Sewer service may need to be extended
through the site at the time of development. Improvements to the sewer system may
be required dependent upon the demand placed by the development. The capacity of
the existing main may need to be studied at the time of development.
Fire: The subject property is located approximately 0.7 miles from Fire Station #2 at 708
N. Garland. Response time to the property is approximately 2.5 minutes, which is
acceptable, and above the City's goal of having the first unit on the scene within 6
minutes, 90% of the time, and the City's goal of assembling all responding units to
the scene of a moderate risk assignment within 10 minutes, 90% of the time. There
should be no adverse effects on call volume.
Police: It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially alter the population density or create an undesirable increase in the load
on police services. The rezoning will not create an appreciable increase in traffic
danger and congestion.
LAND USE PLAN : The Future Land Use Plan adopted as part of the City Plan 2025 designates this
site City Neighborhood Area. Rezoning this property to RMF-24 would be consistent with the
future land use plan designation of the property for residential development. The proposed RMF-24
zoning would be compatible with the adjacent RMF-24 and RMF-40 zoning to the north, west and
west.
K: Reportsl2007lPC Repo UU/-/3-071RZN 07-278/ (Dandy).dx
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 for multi-family residential use is compatible
with adjacent and nearby multi-family residential land uses. Developments in
the vicinity are predominantly multi-family with the exception of industrial and
commercial uses south and along North Street. The proposed rezoning is
consistent with the future land use designation for residential use.
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 in order to allow for a residential development
that will be consistent with City land use objectives and policies. Additionally,
the property owner is currently redeveloping the property to the north (LSD 07-
2457 Leverett Commons). Preliminary plans indicate that two of the units on
the north property will be rotated to allow access from the subject property.
Rezoning the property to a multi-family zoning disjrict will allow for
coordinated development of each property.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: There is an existing multi-family structure on the property. However, it is
anticipated that the number of units proposed will cause a slight increase in the
amount of vehicles trips generated. The relatively small size of the development
(0.51 acres) should 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: The proposed rezoning will increase population density over the existing
nonconforming land use. The proposed zoning would allow for a maximum of
12 multi-family units, as opposed to no residential uses permitted in the 1-1
zoning district. However, this increase in residences is consistent with land use,
zoning, and development patterns in the immediate vicinity.
Increased load on public services was taken into consideration and
K:IReporisl2(X)7TCRepora111-13-071RZN07-1781 (Dandv).doe
recommendations from Engineering, Fire, and Police Departments are included
in this report. Significant adverse impacts to public services would not result
with the incorporation of standard improvements as part of the development.
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:1 Reports12007TC Reports I L!-l3-07WZN 07-2781 (Dandv).doc
FAYETTEVILLE UNIFIED Side, when adjoining A or R districts 50 ft.
DEVELOPMENT CODE I Side, when adioininq C, 1, or P districts loft.
Rear, when ad' irri C, I, or P districts loft.
161.24 District 1-1, Heavy Commercial And
Light Industrial (F) Height regulations. There shall be no
maximum height limits in 1- 1 District, provided,
(A) Purpose. The Heavy Commercial District is however, that any building which exceeds the
i height of 25 feet shall be set back from any
designed primarily taccommodate certain boundary line of any residential district a distance
commercial and light industrial uses which are of one foot for each foot of height in excess of 25
compatible with one another but are inappropriate
in other commercial or industrial districts. The feet.
Light Industrial District is designed to group (G) Building area. None.
together a wide range of industrial uses, which do
not produce objectionable environmental
(Code 1965, App. A., An. 5(Vl11); Ord. No. 2351, 6-2-77; Ord. No
influencesin their operation and appearance. The 2430, 3-21-78; Ord. No. 2516, 4-3-79; Ord. No. 1747, 6-29-70; Code
regulations of this district are intended to provide a 1991, §160.039; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178,
degree of compatibility between uses permitted in 8-31'99: Ord. 4992, 3-06.07; Ord. 5028, 6-19-07)
this district and those in nearby residential districts.
(B) Uses.
( 1 ) Permitted uses.
Unit 1 City-wide uses by right
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government Facilities
Unit 6 Agriculture
Unit 12 Offices, studios and related facilities
Unit 13 Eating laces
Unit 17 Trades and services
Unit 18 Gasoline service stations & drive-in restaurants
Unit 21 Warehousing and wholesale
Unit 22 Manufacturing
Unit 25 Professional offices
Unit 27 Wholesale bulk petroleum storage facilities with
underground storage tanks
(2) Conditional uses.
Unit 2 Ci 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
Unit 38 Mini-stor a units
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front, when adjoining A or R districts 50 ft.
Front, when adjoining C, I, or P districts 25 ft.
K.-IReportsi2OO71PC Reports i06-25-071RZN 07-178! (Oandy).doe
161.14 District RMF-24, Residential Multi- Professional offices 1 acres
Family — Twenty-Four Units Per Acre
(3) Land area per dwelling unit.
(A) Purpose. The RMF-24 Multi-family
Residential District is designed to permit and Manufactured home =ft
encourage the developing of a variety of dwelling Apartments:
types in suitable environments in a variety of No bedroom
One bedroom
densities. Two bedroom Fratemi or Sorori
(B) Uses.
(E) Setback requirements.
( 1 ) Permitted uses.
Front Side Rear
Unit 1 Ci wide uses b ht 25 ft. 8 ft. 25 fL
Unit 8 Single-family
HOD Single HOD Single HOD
dwelli s Single
Unit 9 1 wo-tamily dwellinos Family Front Family Side Family Rear
Unit 10 Three-familv dwellin s 15 ft 8 ft. 15 ft.
Unit 26 Multi-fami dwelli HOD Two Family HOD Two Family HOD Two Family
Front Side Rear
15 ft. 8 ft. 15 ft.
(2) Conditional uses. HOD Multi Family HOD Multi Family HOD Multi Family
Front Side Rear
Unit 2 City-wide uses by conditional use permit 15 ft. 8 ft. 15 ft.
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities Cross reference(s)-Vanance, Ch. 156.
Unit 5 Govemment facilities
Unit 11 Manufactured home park
Unit 25 Professional offices (F) Height regulations. Any building which
Unit 24 Home occupations exceeds the height of 20 feet shall be set back from
Unit 36 Wireless communications facilities any side boundary line an additional distance of
one foot for each foot of height in excess of 20
(C) Density. feet.
Units er orae1 4 to 24 (G) Building area. None.
(D) Bulk and area regulations. (Code 1%5, App, A., An. 5(111); Ord. No. 2320, 4-6-77; Ord. No.
2700, 2-2-8 1 ; Code 1991, §160.033; Ont. No. 4100, §2 (Ex. A), 6-16-
( I ) Lot width minimum. 98; Ord. No. 4178, 8-31 -99; Ord. 5028, 6-19-07)
Manufactured home park 100 ft
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 DaA 4.200 sq. ft.
Townhouses:
Development 10,000 sq. ft.
Individual lot 2,500 sq. ft.
Single-family 6,000 sq. It-
Two-family 7,000 sq. ft.
Three or more 9,000 sq. ft.
Fratemitv or Sororitv 1 2 acres
K9Repora120071PC Reporn106-25-071RM 07-2781 (Dandv).doc
H2�
ENgINEERINO. INC.
October 3, 2007
City of Fayetteville
113 West Mountain St.
Fayetteville, AR 72701
RE: LEVERETT COMMONS H PROPERTY REZONING - INFORMATION
Staff,
On behalf of our client, CNS, Inc., we are submitting a rezoning request, for parcel
number 765-14013-000. The property is located % mile north of the intersection of Leverett
Ave. and North Street on the east side of Leverett and is currently zoned I-1 . Ile request is to
rezone the entire property to RMF-24 in anticipation of a Large Scale Development submittal
consisting of 8 - 3 bedroom townhomes.
The property is currently owned by CNS, Inc. and no property sales are currently
pending. The property to the east is zoned RMF-40, to the west is zoned RMF-24, to the South
is zoned I-1 , and to the north is zoned RMF-24. This development is very similar in design and
density as the property to the north and less dense than the RMF-40 to the east. Overall, it will
be compatible with the surrounding developments, and similar in appearance, signage and traffic
generation. According to the Fayetteville GIS records, water is available via a 6" line on the
west side of Leverett Ave. Sanitary sewer is available via an 8" line in the center of Levered
Ave.
Respectfully,
Thomas A. Hennelly, P.E.
President
2758 Millennium Drive Suite t Favetteville. Arkansas 72703 Phone: 479.582.4234 Fax: 479.582.9254