Loading...
HomeMy WebLinkAboutOrdinance 5395 Doc,ID: 013989810001 Type REL KSnd: ORDINANCE Fee rdadAmt 05/00/Paas SS of2115:15 PM Mashinaton Countv. AR F1192011-00011637 ORDINANCE NO. 5395 AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 05-1797 BUNGALOWS AT CATO SPRINGS TO REVISE THE ZONING CRITERIA FOR PLANNING AREA TWO, TO INCLUDE USE UNIT 12, LIMITED BUSINESS, AS A PERMITTED USE ON LOT NUMBER 30. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the zoning criteria booklet and plats for R-PZD 05-1797 Bungalows at Cato Springs are hereby amended to reflect modified zoning criteria in Planning Area Two to include Use Unit 12, Limited Business, as a permitted use on lot number 30. Section 2. That the Planned Zoning District ordinance and official zoning map of the City of Fayetteville, Arkansas, are hereby amended to reflect the zoning criteria change provided in Section 1 above. PASSED and APPROVED this 5s'day of April, 2011. APPROVED: ATTEST: By: BY: ONELD JO , Mayor SONDRA E. SMITH, City Clerk/Treasurer RK�TR Y OSGP," 'c ;FAYETTEVILLE; :�9sy q�ANspS Jae; io.Ington'County,AR I certify Shi5 instrument was filed on 04/28/2011 12:15:15 PM and recorded in Real Estate File Number 2011-00011637 rc : Bette Stamps-Circuit Clerk City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 4/5/2011 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: ADM 11-3773: Administrative Item (BUNGALOWS AT CATO SPRINGS R-PZD Amendment No. 2): Submitted by BURKE LARKIN for property located on the north side of Cato Springs Road, west of Cline Avenue. The request is to amend R-PZD 05-1797 Bungalows at Cato Springs to revise the zoning criteria to include Use Unit 12, Limited Business, on Lot 30 as a permitted use. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached I*K/i ,• 03.Ik.'t•II Previous Ordinance or Resolution# i Department ector Date iOriginal Contract Date: 3/66! l( Original Contract Number: City Atipi-n Date `Vcxj (a R. , 1. 3 Finance and Internal Services Director Date Received in City '1-1 1 PO' 27 R C V D Clerk's Office hief of St Date T Received in Mayor's Office Ma r AD Comments: Revised January 15,2009 17ay e evi le THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE AftKAN5A5 CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Jeremy Pate, Development Services Director From: Andrew Gainer, Senior Planner Date: March 17, 2011 Subject: ADM 11-3773 Bungalows at Cato Springs Planned Zoning District Amendment No. 2 RECOMMENDATION Staff and Planning Commission recommend approval of an ordinance to amend the zoning criteria for the Bungalows at Cato Springs Planned Zoning District to permit Use Unit 12, Limited Business, on Lot#30. BACKGROUND The subject property is located on the north side of Cato Springs Road, west of Cline Avenue. The Bungalows at Cato Springs R-PZD was approved by the City Council on December 20, 2005. The project was approved for 31 single family dwellings on approximately 5.52 acres. The improvements for the Bungalows at Cato Springs subdivision were completed and the final plat recorded on June 4, 2008. The original developer of the subdivision and the current owner of the single family residence on Lot #30, 874 West Cato Springs Road, desires to utilize the approximately 1,200 square foot home strictly for an office. The applicant proposes to change the Bungalows at Cato Springs R-PZD zoning criteria for PA-2, to include Use Unit 12, Limited Business, as a permitted use on Lot#30. This would allow the home to be utilized entirely for non- residential use, as desired by the applicant, subject to the specific restrictions of Use Unit 12, Limited Business, in the Unified Development Code. A plat and revised zoning criteria chart for PA-2 have been submitted indicating the proposed change. DISCUSSION March 14, 2011 the Planning Commission forwarded this request to the City Council with a recommendation for approval with a vote of 9-0-0. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 05-1797 BUNGALOWS AT CATO SPRINGS TO REVISE THE ZONING CRITERIA FOR PLANNING AREA TWO, TO INCLUDE USE UNIT 12, LIMITED BUSINESS, AS A PERMITTED USE ON LOT NUMBER 30. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the zoning criteria booklet and plats for R-PZD 05-1797 Bungalows at Cato Springs are hereby amended to reflect modified zoning criteria in Planning Area Two to include Use Unit 12, Limited Business, as a permitted use on lot number 30. Section 2. That the Planned Zoning District ordinance and official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning criteria change provided in Section I above. PASSED and APPROVED this day of 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer 0 Faye PC Meeting of March 14, 2011 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267 TO: Planning Commission Members FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: N -tr-c� Updated March 17 2011 ADM 11-3773: Administrative Item(Bungalows at Cato Springs R-PZD Modification No.2): Submitted by BURKE LARKIN for the property located on the north SIDE OF CATO SPRINGS ROAD, WEST OF CLINE AVENUE. The request is to amend the approved R-PZD 05-1797 Bungalows at Cato Springs to revise the zoning criteria to include Use Unit 12,Limited Business,on Lot 30 as a permitted use. Planner:Andrew Gamer BACKGROUND Property Description and Background: The subject property is located on the north side of Cato Springs Road,west of Cline Avenue. The Bungalows at Cato Springs R-PZD was approved by the City Council on December 20, 2005. The project contains 31 single family dwellings on approximately 5.52 acres. The improvements for the Bungalows at Cato Springs subdivision were completed and the final plat recorded on June 4,2008.The original developer of the subdivision and the current owner of the single family residence on Lot#30,874 West Cato Springs Road,desires to utilize the approximately 1,200 square foot home strictly for an office. Proposal: The applicant proposes to change the Bungalows at Cato Springs R-PZD zoning criteria for PA-2,to include Use Unit 12,Limited Business,as a permitted use on Lot#30.This would allow the home to be utilized entirely for non-residential use,as desired by the applicant.A plat and revised zoning criteria chart for PA-2 have been submitted indicating the proposed change. Public Comment: The applicant notified all property owners in writing within 100 feet of 874 West Cato Springs Road and also posted a public notice sign on the property.No public comment has been provided. RECOMMENDATION The proposed modification to the approved Bungalows at Cato Springs R-PZD zoning criteria would permit small scale non-residential uses under Use Unit 12,Limited Business on Lot#30 (874 West Cato Springs Road). Staff finds that permitting Use Unit 12 at this location is consistent with the City's planning policies G:1ETCIDevelolm ew Services Review120110evelopmeni Reuewll1-3773 ADd9874 Jr Calo Springs Rd(1311,rgal)11,s ar Ca10 Springs Rol 103 Planning Conmrissio,03-14-20111Comments and Redlines and City Plan 2025 to promote complete neighborhoods with low-intensity nonresidential uses at corner locations.The subject property(874 West Cato Springs Road)is a corner lot at the entrance to this subdivsion off of Cato Springs Road. The home faces Cato Springs Road, a Collector Street. Staff finds that this is an appropriate location for small scale non-residential use that would be compatible with the surrounding single family residences. The small size of the lot, 4,733 square feet, and the scale of non-residential uses allowed under Use Unit 12 would ensure that adverse impacts such as light, traffic, noise, and appearance to the surrounding neighborhood would be minimal. Use Unit 12 specifies a maximum square footage of non-residential use (see attached) similar in scale as a single family residence. The site has on-street parking adjacent to the western property line along Florida Way for approximately three vehicles, and two parking spaces in a driveway accessed off of a rear alley.The proposal could create an increase in traffic compared with that allowed under the existing zoning criteria. However,this property is located on a fully improved street. Further, the location of this lot at the front of the subdivision adjacent to Cato Springs Road would limit traffic impacts from the subject property to the interior of the subdivision. Cato Springs Road is a City Bond Program Street Project that is scheduled to be improved to a three-lane section with a multi-use trail in the immediate future adjacent to this site. Recommended Motion: Staff recommends forwarding ADM 11-3773 Bungalows at Cato Springs R-PZD Modification No. 2 to the City Council for approval with the following conditions: 1. All conditions of approval from the previously approved R-PZD 05-1797 Bungalows at Cato Springs shall apply. 2. Prior to operation of a non-residential use at 874 West Cato Springs Road,the applicant shall submit a Certificate of Zoning Compliance for review and approval. The property and building shall be in compliance with applicable regulations for the proposed use including, ADA, parking spaces, and fire code. 3. Prior to installation of signage at 874 West Cato Springs a sign permit shall be submitted for review in compliance with Chapter 174 of the Fayetteville Unified Development Code. Planning Commission Action: X Forwarded ❑ Denied Motion: Kennedy Second: Cabe Vote: 9-0-0 Meeting Date: March 14, 2011 G:ETODevelopmeni Se,vices Rewe10201 hDeielopmeni Review!]1-3773 ADM 874 W. Cato Springs Rd(l3angalows nl Cam Springs Rot W3 Planning Cormnissiort103-14-2011/Comments and Redlines (L) Unit 12. Limited business. (1) Description. Unit 12 consists of small-scale establishments offering commercial goods and services that are accessible for the convenience of individuals living in residential districts,while compatible in size,scale and appearance with the surrounding neighborhood.These uses shall be subject to the regulations in Chapter 164. All uses classified under Unit 12 must be within a building containing 3,000 square feet or less. (2) Included uses. Personal Services: Day care (Maximum gross floor -Dry Cleaning area of 1500 square feet) -Salon/Barber shop -Tailoring Specialized Retail: -Antique/home decor (Maximum gross floor sales area of 2000 square feet) -Apparel -Art/architectural supplies -Bakery,Pastry shops -Bicycle Shops -Book store -Coffee shop -Delicatessen -Drugstore -Food specialty stores •Fbrist -Grocery -Hardware -Health food store -Hobby/Craft Stores -Ice cream -Meat Market •Restaurant/caf6 -Small appliance repair -Stationary Store -Toy store -Video rental Professional Offices: -Accountant (Maximum gross floor -Architect area of 3000 square feet) -Attorney -Broker •Business/Mgmt Consultant -Doctor -Dentist -Engineer -Insurance Sales -interior Designer -Optometrist -Realtor -Welfare agency Studios for: -Art (Maximum gross floor -Dance area of 3000 square feet) -Music -Photography •Pone G:IETCIDerelopment Se,rices Rei iew1201 t IDe�elopment Reoio011-3773 dDA4 874 W. Cato Springs Rd(Bungalows at Cato Springs ito1 W3 Planning Comanssion103-14-201 hConunews and Redlines O Real Practices, Inc. 1310 West Main Street, Suite 201 Russellville, Arkansas 72801 Real Practices Inc 479.968.2001 February 22, 2011 Mr. Andrew Garner Senior Planner-City of Fayetteville 125 West Mountain Fayetteville, AR 72701 Andrew, Thank you for corresponding with me over the last few weeks regarding our desire to move an affiliates billing and management company into one of our homes on Cato Springs Road. Real Medical Management(RMM)desires to move its office from their current location in Johnson, Arkansas to 874 West Cato Springs Road. The business has five (5) full- time employees. In addition to their current medical billing and management services, they are also acting as the property management company for our residential rentals in Northwest Arkansas. RMM currently occupies 925 square feet in the Willow Creek Medical Office Building on the Willow Creek Campus of NW Health Systems. Our request is for a Limited Business Permit for Lot# 30 at the Bungalows at Cato Springs Road. The homes located on Lots 1, 2,28, 30, and 31 at Cato Springs are all owned by 880 West Cato Springs Road, LLC. That partnership has members in several key management positions of Real Practices, Inc, majority owner of RMM. The remaining lots are owned by The Bungalows at Cato Springs, LLC, whose managing member is Jim Knight, sole owner of Real Practices, Inc. With that being said, all ownership groups believe that this use will be beneficial for this location as we continue to build, sell and rent these and future units. We respectfully ask for your support and subsequent approval by the Planning Commission and City Council of Fayetteville. We believe our request will bring value and good tenancy to the neighborhood as well as a good start to a Live-Work environment. Sincerely, ) vr__� — - M. Burke Larkin Vice President Real Estate Development 880 West Cato Springs Road, LLC Managing Member Building Healthy Relationships z 0ncr9 G�;+ertge Plahin .,g Area 2 THE BUNGALOWS A7 C A CO SPRINGS PA-2 A. Purpose "Ile PA4 area (2.55 net is d"gred to permit and encourage the development of detached dlvelllnes in suitable enrironnlenis. 13. Uses. (1) Permitted Uses: - Unit I C, wide uses by right ---- lir t 2 S I Ic-Iallu dwellln s - tinif 12 LI6IPLGD 13I1SINL;SS (ONLY PIi:ILb1CCCED ON LO'P fl3ll,874 CA7O SP127NGS 12OAD) (2) Conditional Uses: Unit 2 City-Wide uses by conditional use per... un Quit Unit 24 l Iona Unit 4 � ccup occupations l and tion.rl huhu lilies , public roleetlon naw it fIe es C. Dellsity Units per acre aNhmmunl L Ight (S) units per ace D. bulk and area regulations tot An nnnuTlunl 30001 I.of arc t nuninnun ,,500 squire let ! Land Ilea per dwelling umt 7,500 squ ire feet L. Setb lel auluncmuns _- (mll 10 Leet Siwe 00 mut Rear _... 25 tut -- ---- -- --- -- --_. _- _-. `as measure from the centerline 01,111c alley nearest the unit P. lIchht rcgulatto ns: _ Building height maximum 35 feet Ci. Building Arca. On any lot the area occupied by ail building shall not exceed 50%of the total area of such lot, Sixteen(16) units proposed with PA-2. I-1. Landscaping: Each lot shall plant one large street tree per lot along the frontage Of applicable). 1. Perking: Per city requirentenls t2 spaces per residential unit). .l. Architectural Design Standards: Conceptual architectural design standards have been submilled "Th the R-PZD protect bmkM. Prost building facades as they face the street shall be varied in nletein) and color so that no two same licades are adjacent to one another or face one another. K. Signage Requirements: Signage shall be in accordance "At the regulations set forth in UDG Chapter I X SWmASL Zoning District. 0 n L p¢ i_ a A I CATO SPRINGS i i- r a�,. BRANCNrt e )L i � ti.: e� , j ®Y{_®NP®�1® ,jY➢I}�N Y� , Y j ;� 1 SIJ 1{ I f jig f l r ------------- { . Al ------ - Al --- kl ii ! I I 1!{„��1��}e iz§ d SE.p 49 I° 1 li I s�.i Il�lit1`1r+{t� L f y{C d t{ if j�r� iS9Y �Y 37E i "a Y 8i iia a t pll{ill 'a� i; ��1 III ��3 Ing�su 0t 1d „3g5 ° Yl`��33aa�d�i���§aE(3 `.�. @{cit dtpzi 9 P P('8 q S @ d1 I i; III 83avfi�de yY�g sdd,{ a� : gg {� ez' st � i ,{ a °� �6 J'("'� ii I6ti.. 1� z, dz €a z�x➢ 1 iR - �3 zf9"## (d°➢' 6°$ N , g y,I S .3 1 .s tf{�'I y IIT a °°' dR d3de ' • "ia 4 x 2 F�j�ii+�yi f IY11g"'6n69gdS f4 w (L L w1493g1p 9i 1'i43;j`wj 1s L � t+iR��G g3{slat{t�gg7�la - �j -Ig s°!(Ct e1S5e6 ; � e9{{pR],.556 1 S ,a{L�alj59 i � le4t911�{1�6IS('9{glil{9,i � � �v— �4i669dl3°9° �y_ Moly, a{° � h F 1 ew � 6 64 IVS 3S1t3{I qy1,1} i {R< � S9�t 9,{aYa fi d3{ l�li{{aall Sit I Mail _i�§ £�1 Prvu emrsavaur M CMI nd .o.. q! f 1NE BUNGALOWS AT CATO SPPoNGS r' La's __- .,,is�• } s 6 1 1 L N II L Ifl Nak "`CCC u to Sfw63 ao1[nu F.tFTEnLe/AUIPl9 "•,• - +' R 1 �.1 sY f s � 1 � • r �� 1-r I � 1 T f� � �yygryyy7 sif lY S � g �k •. i � t dY�'. 1 � o 6 w-T� a .. ,t e y 1 fl Is E} F It .. L. • fi A t�, ° 3 F R' ROi• a•tra���-��-c >.` - s __ . �._.r.� ��'�r'�a'"' '�aa�r•ss r. 77 '9*'�.:• i .. .... T"'fAV��'rv�.4. V7 R 1„ 9R•f. ' w r x� 1 '.