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HomeMy WebLinkAboutOrdinance 5788IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 016391280003 Type: REL Kind: ORDINANCE Recorded: 08/14/2015 at 09:36:16 AM Fee Amt: $25.00 Pape 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File2015-00022878 ORDINANCE NO. 5788 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5103, FOR APPROXIMATELY 0.23 ACRES, LOCATED AT 1837 W. MITCHELL ST. FROM RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council for the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from RMF -24, Residential Multi Family, 24 Units per Acre, to RSF-8, Residential Single Family, 8 Units per Acre, as shown on Exhibits "A" and `B" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this 4`" day of August, 2015. ATTEST: IN z i • SONDRA E. SMITH, City Clerk Treasurer .r FAYETi VII_ F �''- luso' > -t'A,a� '04-� EXHIBIT 'A' a -a ,lus RZN 15-51031 DUN N Close Up View WN I a- STONIEST jr D a OF -24 w d 0 I I P-0 SUBJECT PROPERTY � MITCHELL ST a I 'i ❑ .L11 m � f ISI■ VENUSST KAYWOOD LN R-0 N L I F1 C-0 11 Legend w Shared -Use Paved Trail ❑ 0 Neighborhood/ rail , r / I m FARMINGTON ST — Natura dace Trail Z N 15-5103 L _ _ _ Fayetteville City LiTnits ® Footprints 2010 - Hillside -Hilltop Ovo irlay District Design Overlay Di trict 0 75 15D 30D 450 600 ------ Planning Area Fes, EXHIBIT'B' 15-5103 LOT 1 DESCRIPTION: LOT 1, BLOCK 1, OF VALLEY VISTA SUBDIVISION, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 1, AT PAGE 153, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS. LOT 1-A DESCRIPTION: THE WEST HALF OF LOT 1, BLOCK 1, OF VALLEY VISTA SUBDIVISION, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 1, AT PAGE 153, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS. LOT 1-13 DESCRIPTION: THE EAST HALF OF LOT 1, BLOCK 1, OF VALLEY VISTA SUBDIVISION, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 1, AT PAGE 153, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS. Washington County, AR I certify this instrument was filed on 0811412015 09:35:1$ AM and recorded in Real Estate Fkle Number 201 •0 22 7k Kyle Sykvestsr- by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2015-0329 Agenda Date: 8/4/2015 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 3 RZN 15-5103 (1837 W. MITCHELL ST./DUNN) AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5103, FOR APPROXIMATELY 0.23 ACRES, LOCATED AT 1837W. MITCHELL ST. FROM RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the City Council for the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from RMF -24, Residential Multi Family, 24 Units per Acre, to RSF-8, Residential Single Family, 8 Units per Acre, as shown on Exhibits "A" and "B" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City o1 Fayetteville, Arkansas Page f Printed on 7/30/2015 EXHIBIT 'A' EXHIBIT 'B' 15-5103 LOT 1 DESCRIPTION: LOT 1, BLOCK 1, OF VALLEY VISTA SUBDIVISION, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 1, AT PAGE 153, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS. LOT 1-A DESCRIPTION: THE WEST HALF OF LOT 1, BLOCK 1, OF VALLEY VISTA SUBDIVISION, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 1, AT PAGE 153, PLAT RECORDS OF WASHINGTON COUNTY. ARKANSAS. LOT 1-B DESCRIPTION: THE EAST HALF OF LOT 1, BLOCK 1, OF VALLEY VISTA SUBDIVISION, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 1, AT PAGE 153, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS. City of Fayetteville Staff Review Form 2015-0329 Legistar File ID 8/4/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 7/17/2015 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: RZN 15-5103: Rezone (1837 W. MITCHELL ST./DUNN, 520): Submitted by BLEW & ASSOCIATES for property located at 1837 W. MITCHELL ST. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.23 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. Budget Impact: Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title $ O V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF a e evi le YARKANSAS MEETING OF AUGUST 4, 2015 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Current Planner DATE: July 17, 2015 SUBJECT: RZN 15-5103: Rezone (1837 W. MITCHELL ST.IDUNN, 520): Submitted by BLEW & ASSOCIATES for property located at 1837 W. MITCHELL ST. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.23 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the property to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. BACKGROUND: The subject property is located at 1837 W. Mitchell St and contains approximately 0.23 acres within the RMF-24 zoning district. The property is developed with a residence of approximately 874 square feet constructed in 1939, and a detached garage building of approximately 800 square feet. The request is to rezone the property from RMF-24 to RSF-8. The applicant has indicated that the rezoning is needed so that the property can be split for development of two single family dwellings. Land Use Compatibility: The proposed zoning is compatible with the surrounding mixture of single and multi -family residential uses. Land Use Plan Analysis: The City Plan 2030 Future Land Use Map (FLUM) designates this area as City Neighborhood Area, a designation which encourages a wide variety of uses, increased density, and appropriate infill of properties with existing infrastructure. DISCUSSION: On July 13, 2015 the Planning Commission forwarded this item to the City Council with a recommendation for approval by a vote of 7-0-0. BUDGET/STAFF IMPACT: N/A Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachments: CC Ordinance Exhibit A Exhibit B Planning Commission Staff Report CITY OF Tay e evi le ARKANSAS TO:. THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Quin Thompson, Current Planner July 13, 2015 SUBJECT: RZN 15-5103: Rezone (1837 W. MITCHELL ST./DUNN, 520): Submitted by BLEW & ASSOCIATES for property located at 1837 W. MITCHELL ST. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.23 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. RECOMMENDATION: Staff recommends RZN 15-5103 be forwarded to the City Council with a recommendation for approval. BACKGROUND: The subject property is located at 1837 W. Mitchell St and contains approximately 0.23 acres within the RMF-24 zoning district. The property is developed with a residence of approximately 874 square feet constructed in 1939, and a detached garage building of approximately 800 square feet. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Undeveloped RMF-24, Residential Multi -Family South Single -Family Residential RMF-24, Residential Multi -Family East Single -Family Residential RMF-24, Residential Multi -Family West Sin Ig a-Famil Residential RMF-24, Residential Multi -Family-_ Request: The request is to rezone the property from RMF-24, Residential Multi-family/24 Units per Acre to RSF-8, Residential Single-family/8 units per acre. The applicant has stated that the rezoning is needed so that the property can be split and the garage can be renovated into a dwelling. Public Comment: Staff has received no public comment. INFRASTRUCTURE: Streets: The subject parcel has access to Mitchell Street. Any required improvements to this street will be determined at time of development. Mailing Address: Planning Commission 113W. Mountain Street www.fayett€vRi4 ar?f b'' Fayetteville, AR 72701 Agenda Item 8 15-5103 Dunn Page 1 of 12 Water: Public water is available to this parcel. An existing 6" main is located along the property frontage of Mitchell Street. Sewer: Sanitary sewer is available to this lot. An existing 6" sanitary sewer main reaches the southwest comer of this parcel within an existing utility easement. Future splitting of this lot would likely require sewer main extension to service any additional lots. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. This parcel does not lie within the 100-yr floodplain, streamside protection areas, or the Hillside/Hilltop Overlay District. Fire: The Fire Department did not express any concerns with the request. Police: The Police Department did not express any concerns with this request. CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as City NeighborhoodArea. These 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 RECOMMENDATION: Staff recommends RZN 15-5103 be forwarded to City Council with a recommendation for approval, finding that the proposed zoning allows development compatible with the existing adjacent uses and consistent with the Future Land Use Plan. PLANNING COMMISSION ACTION: Required YES Date: July 13, 2015 O Tabled 1O Forwarded O Denied Motion: Second: Vote: CITY COUNCIL ACTION: Required YES Date: August 4, 2015 O Approved O Denied Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-5103 RZN 1837 July 13, 2015 W. Mitchell St. (Dunn)\03 Planning Commission\07-13-2015\Comments and Redlines Agenda Item S 15-5103 Dunn Page 2 of 12 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 Compatibility: The proposed zoning is compatible with the surrounding mixture of single and multi -family residential uses. Land Use Plan Analysis: The City Plan 2030 Future Land Use Map (FLUM) designates this area as City Neighborhood Area, a designation which encourages a wide variety of uses, increased density, and appropriate infill of properties with existing infrastructure. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed rezoning is justified at this time, as the proposed zoning will allow infill development in an area where it is encouraged. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has access to Mitchell Street, an unimproved local street. The rezoning would allow an additional single-family dwelling to be built on the lot, which is likely to perceptibly increase neither traffic danger nor 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: Rezoning the property from RMF-24 to RSF-8 will not undesirably affect density or load on public services. This down -zoning would reduce potential population density and the associated impacts. The Police and Fire Departments have expressed no objections to the proposal. 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 BUDGET/STAFF IMPACT: None Planning Commission G\ETC\Development Services Review\2015\Development Review\15-5103 RZN 1837 July 13.2015 W. Mitchell St. (Dunn)\03 Planning Commission\07-13-2015\Comments and Redlines Agenda Item 8 15-5103 Dunn Page 3 of 12 Attachments: • Unified Development Code sections 161.14 & 161.09 • Request Letter • Survey ■ One Mile Map, Close -Up Map, Current Land Use Map, Future Land Use Map Planning Commission G:IETC\Development Services Review\2015\Develppment Review\155103 RZN 1837 July 13, 2015 W. Mitchell St. (Dunn)\03 Planning Commission\07-13-2015\Comments and Redlines - Agenda Item 8 15-5103 Dunn Page 4 of 12 161.14 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. (B) Uses. (1) Permitted uses. Unit 1 City-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 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 12 Limited business Unit 25 Professional off ces Unit 24 Home occupations 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 100 ft. Lot within a Manufactured home park 50 ft. 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 park 4,200 sq. ft. Townhouses: Development Individual lot 10,000 sq. fL 2,500 sq. ft. Single-family 6,000 sq. ft. Two-family 7,000 sq. ft. Three or more 9,000 sq. ft. Fraternity or Sorority 2 acres Professional offices 1 acre (3) Land area per dwelling unit Manufactured home 3.000 sq. ft. Apartments: No bedroom 1,700 sq. ft. One bedroom 1,700 sq. ft. Two bedroom 2,000 sq. ft. Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear A build -to 8 ft. 25 ft. zone that is located between the front property line and a line 25 feet from the front property line. Cross reference(s)--Variance, Ch156. (F) Building height regulations. Building Height Maximum I 30/45/60ft." *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 30 feet, between 10-20 feet from the master street plan right-of-way a maximum height of 45 feet 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 60 feet. Any building which exceeds the height of 20 feet shall be set back from any side boundary line of an adjacent single family district, an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area. None. (H) Minimum buildable street frontage. 50% of the lot width. (Code 1965. App. A., Art. 5(111); Ord. No. 2320. 4-6-77; Ord. Na. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178. 8-31-99; Ord 5028, 6-19- 07; Ord. 5079, 11-20-07; Ord. 5224, 3-3-09; Ord. 5262, 8-4- 09; Ord. 5312, 4-20-10; Ord 5462, 12-6-11; Ord. 5495, 4- 17-12; Ord. 5592, 06-18-13) Planning Commission July 13, 2015 Agenda Item 8 15-5103 Dunn Page 5 of 12 161.09 District RSF-8, Residential Single - Family —8 Units Per Acre (A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single family residential areas with similar lot size, density, and land use as the historical neighborhoods in the downtown area. (B) 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 Cam -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 12 - Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development (C) Density.. By Right Single-family dwelling units per B or less acre (D) Bulk and area regulations. (1) Lot width minimum. Single-family 50 ft. Two-family.50 ft. Townhouse, no more than two attached 25 ft. (2) Lot area minimum. Single-family 5.000 sq. ft. Two-family 5,000 sq. ft. (3) Land area per dwelling unit, Single-family 5,000 sq. ft. liwpTfamily 5.000 sq. ft. Townhouse, no more 2,500 sq. ft. than two attached (E) Setback requirements. Side Rear Front 1 15 ft. 5 ft. 5 ft. (F) Height regulations. Building Height Maximum I 45 ft. (G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total lot area. (Ord, 4783, 10.18-05; Ord. 5028, 6-19-07; Ord. 5128,4-15- 08; Ord. 5224, 3-3-09; Ord. 5312, 4-20-10; Ord, 5462, 12-6- 11) Planning Commission July 13, 2015 Agenda Item 8 15-5103 Dunn Page 6 of 12 Blew l' Associates, P.A. Professional Land Surveyors 524 W. Sycamore Street Suite 4, Fayetteville, AR 72703 PH: 479-443-4506 * FAX; 479-582-1883 httv;//www.blewincconi To Whom 1t Dvay Concern, Our client, Paul Duna, wishes to rezone his property. The current Zoning on his property, Parcel number 765-1 1667 -COO, is RMF-24. The requested Zoning is RSF-8. The purpose o€ the rezone is to meet minimum requirements of a €uture lot split on the above location. If you have any additional questions feel free to contact our office. 'Thanks, I leath Myers Office Manager Planning Commission July 13, 2015 Agenda Item 8 15-5103 Dunn Page 7 of 12 `E cif itbJ�A.a. y. 5Y1. •l '+F� J J R F $ p4! �,f,, 3"51ytg £33. F 'sa �� sr >y RRQ48�S' 1a3?f vi 5 �`/ 5s rg e� lei 01_rol .'�; 3 5's I � e I I � �U I }1 1 � O T- YYi CM.a 1 1 r' :v4 I I \: LI1 I 1'� fF� I — Page 8 of 12 RZN15-5103 Current Land Use DUNN MULTI FAMILY MULTI FAMILY MULTI FAMILY MULTI FAMILY MULTI FAMILY MULTI FAMILY COMMERCIAL COMMERCIAL hared -Use ......•• Neighborhood/Park Trail ---�-- Natural Surface T COMMERCIAL RZN15-5103 Fayetteville City Li its 0 75 150 300 450 600 ------ Planning Area Feel July 13, 2015 Agenda Item 8 15-5103 Dunn Page 9 of 12 RZN15-5103 DUNN Future Land Use Area D�gw4y Neighborhood Area Urban Center Area Industrial Complete Neighborhood Civic and Private Open Civic Institutional : Non -Municipal Governm ROW 0 75 150 300 450 600 Feet July 13, 2015 Agenda Item 8 15-5103 Dunn Page 10 of 12 RZN15-5103 DUNN One Mile View fiiqI i Overview Legend +,xj1je i _ Subject Property .tiriiv : *�at• ❑ ;> Boundary 0 0.25 0.5 (Legend rt. fd � av"e atl" Nelghbo lood/Par 1Trail Natural -Surface Trail II, Rzt+ 15-51&3 Hills e -Hilltop Overlay District L.._! Desi n Overlay District Planing Area Fay tteville 1 Mies Planning Commission July 13, 2015 Agenda Item 8 15-5103 Dunn Page 11 of 12 RZN15-5103 DUNN Close Up View ��1 y 60 •0 Trail "1 L- FARM)NGTON jJzRZN15-5103 _: Fayetteville City Li its Footprints 2010 Hillside -Hilltop Ov slay District _! Design Overlay Di trict 0 75 150 300 450 am ------ Planning Area Feet July 13, 2015 Agenda Item 8 15-5103 Dunn Page 12 o112 NORTHWEST ARKANSAS Demomt IX Gazette P.O. BOX 1607. FAYETTEVILLE, AR, 72702 • 479-442-1700 • FAX: 479-695-1118 • WWW.NWADG.COM RECEIVED AFFIDAVIT OF PUBLICATION SEP 022015 I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the CITY OF FAYETTEVILLE Northwest Arkansas Democrat Gazette, printed and published in CITY CLERK'S OFFICE Washington and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 5788 Was inserted in the Northwest Arkansas Democrat Gazette on: August 13, 2015 Publication Charges: $ 77.82 wi Cathy Wiles Subscribed and sworn to before me This °2.4 day of.$(14 , 2015. My Commission Expires: l0(22 PUBLI y?� m#124 0779 **NOTE** ti� Please do not pay from Affidavit. Invoice will be senff"i ,1ON ; oU s"�