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HomeMy WebLinkAboutOrdinance 5584t�oi�cID0l�321�i003t���ttY�tttOirEitil����ti Kind: ORDINANCE Fe0 Amta:$25,00/Pepe i2013 tOf9:22:48 AN Ky]einton Sylvestern Circuit Clerk F1102013-00019739 ORDINANCE NO.5584 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 13-4348, FOR APPROXIMATELY 0.44 ACRES, LOCATED AT 1035 NORTH GREGG AVENUE FROM RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of 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 NC, Neighborhood Conservation, 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 21s` day of May, 2013. APPROVED: ATTEST: By: LISA BRANSON, Deputy City Clerk EXHIBIT "A" EXHIBIT `B" RZN 13-4348 SURVEY DESCRIPTION: (PARCEL #765-08500-000) LOTS NUMBERED 6,7 AND THE SOUTH 25' OF LOT 8 IN BLOCK NUMBERED 4 IN MITCHELL'S ADDITION TO THE CITY OF FAYETTEVILLE, BEING A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9 IN TOWNSHIP 16 NORTH, OF RANGE 30 WEST. Washington County, AR I certify this instrument was filed on 06/13/2013 09:22:48 AM and recorded in Real Estate File Number 2013-00019739 Kyle Sylvester- Circuit Clerk by City of Fayetteville Staff Review Form Jesse Fulcher Submitted By City Council Agenda Items and Contracts, Leases or Agreements 5/21/2013 City Council Meeting Date Agenda Items Only Planning Development Services Division Department Hcuun property located at 1035 NORTH GREGG AVENUE. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 0.44 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION. Cost of this request Account Number Project Number Budgeted Item Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached 65.O1.2o13 Date 5. 3 - �3 Date `-� Q - & , 5- 3 • zd t3 Date Date Program Category / Project Name Program / Project Category Name Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in CitV Clerk's Office fHT FD Received in � Mayor's Office Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Mart, Chief of Staff Jeremy Pate, Development Services Director From: Jesse Fulcher, Current Planner Date: April 30, 2013 Subject: RZN 13-4348 (1035 N. GREGG AVE./SMITH) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to rezone the property to NC, Neighborhood Conservation. BACKGROUND The subject property is located at the southwest corner of N. Gregg Avenue and W. North Street and is zoned RMF-24. Gregg Avenue is a two-lane, local street in this location and continues south two blocks to Wilson Park. This area north and west of Wilson Park is comprised of single-family homes, duplexes and small-scale apartment buildings. The applicant requests to rezone the property from RMF-24, Residential Multi -family 24 Units/Acre to NC, Neighborhood Conservation. The purpose of the rezoning is to allow a higher density development of single- family homes than what is currently allowed. The RMF-24 zoning district requires 60 feet of street frontage and 6,000 square feet per single-family home. The NC zoning district only requires 40 feet of street frontage and 4,000 square feet. CITY PLAN 2030: City Plan 2030 Future Land Use Plan designates this site as City Neighborhood Area. This designation supports the widest spectrum of uses and encourages density in all housing types, from single- family to multi -family. The objective of the rezoning request is to allow development of single-family homes, already a use by right in the RMF-24 zoning district, but at a higher density than currently allowed. The proposed NC zoning is compatible with the surrounding mix of residential densities and housing types and consistent with the land use plan of the City. On April 22, 2013, the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 9-0-0. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 13-4348, FOR APPROXIMATELY 0.44 ACRES, LOCATED AT 1035 NORTH GREGG AVENUE FROM RMF-24, RESIDENTIAL MULTI- FAMILY, 24 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of 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 NC, Neighborhood Conservation, 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 By: LIONELD JORDAN, Mayor day of 2013. ATTEST: SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN 13-4348 Close Up View i PATRiQA LN it 1 C SUBJECT PROPERTY k 41 b ZN13-4348 - Footprints 2010 - Hillside -Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 75 150 300 450 600 ------ Planning Area Feet ADAMs ST RSFa RAMHORN ST EXHIBIT "B" RZN 13-4348 SURVEY DESCRIPTION: (PARCEL #765-08500-000) LOTS NUMBERED 6,7 AND THE SOUTH 25' OF LOT 8 IN BLOCK NUMBERED 4 IN MITCHELL'S ADDITION TO THE CITY OF FAYETTEVILLE, BEING A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9 IN TOWNSHIP 16 NORTH, OF RANGE 30 WEST. T e evie ARKA NSAS 1'11L CLFY OF FAYL•7"fEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Subdivision Committee FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: Ap4l, 3 Updated April 24, 2013 PC Meeting of April 22, 2013 125 W. Mountain St. Fayetteville, AR 72701 phone:(479) 575-8267 RZN 13-4348: Rezone (1035 N. GREGG AVE./SMITH, 444): Submitted by JORGENSEN AND ASSOCIATES for property located at 1035 NORTH GREGG AVENUE. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 0.44 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION. Planner: Jesse Fulcher BACKGROUND: Property and Background: The subject property is located at the southwest corner of N. Gregg Avenue and W. North Street and is zoned RMF-24. Gregg Avenue is a two-lane, local street in this location and continues south two blocks to Wilson Park. This area north and west of Wilson Park is comprised of single-family homes, duplexes and small-scale apartment buildings. Surrounding land use and zoning is depicted on Table 1. Table t Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Multi -family residential RMF-40, Residential Multi -Family 40 Units Per Acre South Single family residential RMF-24, Residential Multi -Family 24 Units Per Acre East Single family residential RSF-4, Residential Single Family 4 Units Per Acre West Two-family and Multi -family residential RMF-24, Residential Multi -Family 24 Units Per Acre Request: The applicant requests to rezone the property from RMF-24, Residential Multi -family 24 Units/Acre to NC, Neighborhood Conservation. The purpose of the rezoning is to allow a higher density development of single-family homes than what is currently allowed. The RMF-24 zoning district requires 60 feet of street frontage and 6,000 square feet per single-family home. The NC zoning district only requires 40 feet of street frontage and 4,000 square feet. Public Comment: Staff has not received public comment. G.-1 ETCIDeveloptnent Services Revie1020130evelopmeni Reviere113-4334 RZN 2925 Old Missouri Rd (Good Shepherd)103 Planning Commission104-08-2013ICamnents and Reditnes RECOMMENDATION: Staff recommends forwarding the rezoning request (RZN 13-4348 1035 N. GREGG AVE./SMITH) to the City Council with a recommendation of approval based on findings stated herein. IPLANNING COMMISSION ACTION: Required YES Date: April 22, 2013 O Tabled 0 Forwarded O Denied Motion: Chesser Second: Pennington Vote: 9-0-0 COUNCIL ACTION: Required YES O Approved O Denied Date: INFRASTRUCTURE: Streets: The site fronts North Street, an improved four -lane Principal Arterial and Gregg Avenue, an imporved two-lane local street. Street improvements within the property will be evaluated at the time of development. Water: Public water is available to the property. There is a 12" and 2" along North Street and an 8" water main along Gregg Avenue. Public water main improvements may be necessary to provide fire flow for domestic service for any proposed development. Sewer: Sanitary sewer is not directly available to the site. There is an 8" main to the south of this property and a 6" line south on Gregg Avenue. The developer will be responsible for extending public mains to serve any future development. Drainage: Standard improvements and requirements for drainage will be required for any development. This property is noy affected by the 100-year floodplain or the Streamside Protection Zones. Fire: The Fire Department did not express any concerns with this request. Police: The Police Department did not express any concerns with this request. G: IETCIDevelopment Services Revieiv120131Development Revieu,ll3-4334 RZN 2925 Old Missouri Rd (Good Shepherd)103 Planning CO»InrissionI04-08-20131Commenis and Redlines CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as City Neighborhood Area. This designation provides a varying mix of nonresidential and residential uses, This designation supports the widest spectrum of uses and encourages density in all housing types, from single-family to multi family. FINDINGS OF THE STAFF 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 subject property is located at the north end of the Wilson Park Neighborhood along a local street that leads residents to the park area. This block is comprised of a variety of residential uses and densities, including single- family, two-family and small-scale multi -family. The Future Land Use map designates the property as City Neighborhood Area, which encourages density in all housing types. This designation typifies this area south of North Street. The intent of the rezoning application is to develop single-family homes, a use by right in the RMF-24 zoning district, but at a higher density than currently allowed. The proposed NC zoning would be both compatible with the surrounding mix of residential dwelling types and consistent with the land use plan of the City. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The zoning request is justified and needed at this time. The owner desires to construct single-family homes on the property, a use by right in the RMF-24 zoning district, and a use that is compatible in this area. However, the current zoning will only permit two single-family homes to be constructed. Rezoning the property to Neighborhood Conservation will allow at least one more single- family unit to be constructed, increasing the density from 4.5 units/acre to 6.8 units/acre. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: In staff's opinion, the proposed rezoning will not create or appreciably increase traffic danger. The access management ordinance requires any new development on this property to access Gregg Avenue and utilize the signalized intersection to access North Street. The down -zone from RMF-24 to NC would allow the owner to develop three single-family homes that will have very little impact on the surrounding street system. 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: Staff finds that the proposed zoning would not create undesirable impacts to G: IETODevelop new Services RevieM20130evelopment Revien413-4334 RZN 2925 Old Missouri Rd (Good S'hepherd)103 Planning Conunasion104-08-20131Commenls and Redlines public services, or a density that is incompatible with the surrounding area, based on a review of infrastructure, existing land uses, and the development potential of the property. 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 isjustified 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: Not applicable. Staff recommends in favor of the requested zoning. GIETCIDevelopmenr Services Revieiv120130evelopmen( Reviewl13-4334 RZN 2925 Old Mrssouri Rd (Good Shepherd)103 Planning Commission104-08-20131Commenfx and Redlines 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 Cit -wide uses by right Unit 8 Sin l -family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi -family dwellings Unit 44 Cottage Housing Development (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 Government facilities Unit 11 Manufactured home park Unit 12 Limited business Unit 25 Professional offices Unit 24 Home occupations Unit 36 Ji Wireless communications facilities (C) Density. Units per acre 24 or less Di (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 ark 4,200 sq. ft. Townhouses: Development Individual lot 10,000 sq. ft. 2,500 sq. ft. Single-family 6,000 sq. ft. Two-family 7,000 sq. ft. 11 Three or more 1 9,000 sq. ft. 11 Fraternity or Sorority 2 acres 11 Professional offices 1 1 acres (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 Sororit 1,000 s . ft. perresident (E) Setback requirements. Front Side Rear The principal a ft. 25 ft, fagade of a building shall be built within a build -to zone that is located between 10 feet and a line 25 feet from the front property line. Cross reference(s)--Variance, Ch. 156. (F) Building height regulations. Buildin Hei hl Maximum I 60ft. Height regulations. 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(III); Ord. No 2320, 4-6-77; Ord. N, 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) Planning Commission CD161:12 April 22, 2013 Agenda Item 7 RZN13-4348 Smith Page 5 of 10 TITLE XV UNIFIED DEVELOPMENT CODE 161.26 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted uses. Unit 1 1 City- We uses by right Unit 8 1 Single-fami]X dwellings Unit 9 1 Two-family dwellings Unit 41 1 Accessory 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 10 Three-family dwellings Unit 12 Limited Business" Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 CO@age Housing Development (C) Density. 10 Units Per Acre. (D) Bulk and area regulations. (1) Lot width minimum. Single Family r0 R. Two Family BO 8. Three Family 90 1— (2) Lot area minimum. 4,000 Sq. Ft. (E) Setback regulations. Front -The principal fagade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft, from the Rear, from center line 12 ft. of an alley (F) Minimum buildable street frontage. 40% of lot width. (G) Height regulations. Maximum height is 3 stories or 45 feet which ever is less. (Ord. 5128, 4-15-08; Ord. 5312, 4-20-10; Ord. 5462, 12-6- 11) Planning Commission CD161:21 April 22, 2013 Agenda Item 7 RZN13-4348 Smith Page 6 of 10 THE CITY OF FAYETTEVILLE, ARKANSAS 7P"h ✓� POLICE DEPARTMENT 100-AWeat Rock Street t`7 Fayetteville, AR 72701 P (479) 587-3555 F 1479) 587.3522 NS MEMORANDUM To: Jeremy Pate From: Captain Kenny Yates Date: 4/11//13 Subject: RZN 13-4348 This document is in response to the request for comments on proposed RZN 13-4348 (1035 N. Gregg Avenue / Smith, 444): submitted by Jorgensen and Associates, for property located at 1035 N. Gregg Avenue. It is the opinion of the Fayetteville Police Department that this RZN (13-4348), will not substantially alter the population density. This RZN will not create an appreciable or undesirable increase in the load on police services and will not create an appreciable increase in traffic danger and congestion. Telecommmdcatlons Device for the Deaf TDD(479)521-1316 113 West Mountain- Fayetteville, AR 72701 JORGENSEN & ASSOCIATES CIVIL ENGINEERS - SURVEYORS 124 WEST SUNBRIDGE, SUITE FAYETTEVILLE, ARKANSAS 72703 - (479) 442-9127 . FAX (479) 582-4807 DAVID L. JORGENSEN, P.E., P.L.S. JUSTIN L. JORGENSEN, P.E. BLAKE E. JORGENSEN, P.E. City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: Rezoning Request Please accept this request to rezone the following parcel located off of North Street & Gregg: 765-08500-000. A. The current owner of this site is: 765-08500-000 Penzo Group LLC. B. Currently this property is zoned RMF-24. The reason for the requested NC (Neighborhood Conservation) zoning is to give the applicant the ability to create two new lots allowing the right to build three detached single family units therefore maximizing the use of his property and creating a much similar density to the surrounding area. C. This proposed rezoning will mesh well with surrounding uses; currently to the north it is zoned RMF-40, to the west and south it is zoned RMF-24 and to the east, across Gregg, it is zoned RSF-4 D. Currently there is an existing manhole in the southwest corner of the property and an existing 12' water line on the north side along North Street E. Rezoning this property to Neighborhood Conservation is actually a down zoning in this area but still fits within the City's Future Land Use Map allowing for an infill project. F. We feel this is a needed zoning at this time to allow for better use of the property. G. This rezoning will not increase or have a negative impact to surrounding area due to traffic. H. This requested zoning will not undesirably increase the load on public services. I. The current zoning of RMF-40 only allows for one residential unit on the property due to the zoning limitations. Under the requested NC zoning the applicant can split the lot and build three houses by right therefore utilizing the property much more efficiently Sincerely; Jorgensen & Associates PUBLIC WORKS. LAND DEVELOPMENT' WATER SYSTEMS. WASTEWATER SYSTEMS'LAND SURVEYING. Planning Commission April 22, 2013 Agenda Item 7 RZN13-4348 Smith Page 7 of 10 RZN 13-4348 Close Up View SMITH 1 iNt� 1 I r SUBJECT PROPERTY fn n � O i "•� tm �zisti�g} li'n15 IL ,.... LUMj4jRZN13-4348 - Footprints 2010 - Hillside -Hilltop Ov Design Overlay Di Design Overlay Di ------ Planning Area District 0 75 150 300 450 600 Feet PATRICIA LN ADAMS ST R6F•4 HAWTHORN ST ly W 0 5 RZN 13-4348 SMITH Future Land Use PATRICiA LN w SUBJECT PROPERTY W yW II I� t I II. tir ADAMS ST Its r A RSF-G N 0 O w ¢ rc z Z HAWTHORN ST > W O_evvic and Private Open Spa e?Parks - Civic Institutional Non -Municipal Government ROW QRZN13-4348 Design Overlay District Design Overlay District 0 125 250 500 50 1.000 —• Planning Area I I I Feet RECEIVED JUL 02 Z013 CITYCLERKS OFFICE NORTHWEST ARKANSAS DEMOCRATfGAZEfTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE SPAPERSLLC THE MORNING NEWS OF ROGERSTIMES NORTHWEST ARKANSAS TIMES iNr-jwBENTON COUNTY DAILY RECORD 212 NORTHEAST AVENUE, FAYETTEVILLE. ARKANSAS 72701 1 P.O.BOX1607, 72702 1 479,442-1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Karen Cater, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Benton County and Washington County, Arkansas, 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 No 5584 Was inserted in the regular edition of The Northwest Arkansas Times on: June 6, 2013 Publication Costs: $ 64.85 C A 1 cui' � 0(t oy .k__� Karen Caler Subscribed and This day o, My to before me , 2013. � RkANSAS ORDINANCE NO. 5584 AN ORDINANCE REZONING THAT PROPERTYRyvenl/�DESCRIBED IN REZONING PETITION RZNCt3-4308, FOR APPROXIMATELY 0.44 ACRES,LACATED AT 1035 NORTH GREGG AVENUE FROM HMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE To N0, NEIGHBORHOOD CONSERVATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: $nctto0 1: Thal the City Council of the City of Fayetteville. Arkansas hereby changes the zone Olassnlratlon of the folio Meg des irbed properly from FIMF-24, Residential Multi -Family, 24 units per acre to INC, Nefghbarn(t0d Conssrvatlon, as sho n on Ehibils'A" and "S" attached hereto end made a pad hereof. Section 2: That the City Council 01 the City of FayattevIre, Arkansas hereby amends the Official zoning map of the City of Fayetteville to relied tee zoning change provided in Section 1. PASSED and APPROVED this 21st day of May, 2013. APPROVED: ATTEST: By: By: t10NELD JORDAN, Mayor LISA BRANSON. Deputy City Clerk Exhibits for this ordinance may be viewed in the office of the City Clerk/Treasurer. **Do Not Pay from Affidavit" "Invoice will be sent**