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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