HomeMy WebLinkAboutOrdinance 5806• �. Doc ID: 018505490003 Type: REL
a_^k: Kind: ORDIN
Recorded: 1AN0CE/16/2015 at 02:33:38 Ph
Fee Amt: $25.00 Page 1 of 3
.€ WashingtonCounty, AR
- Kyle Svlve6tor Circ
Lit Clerk
FiIa2015-00029580
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5806
File Number: 2015-0441
RZN 15-5165 (1118 S. DUNN AVEJPEARSON DEVELOPMENT):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-
5165, FOR APPROXIMATELY 0.23 ACRES, LOCATED AT 1118 S. DUNN AVENUE FROM 1-I,
HEAVY COMMERCIAL AND LIGHT INDUSTRIAL 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 I-1, Heavy Commercial and Light Industrial 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 on 10/6/2015
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Attest: -�3- FAYETTEVILLE;
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Sondra E. Smith, City Clerk Treasurer
Page 1 Printed on 1017/15
EXHIBIT 'A'
15-5165
RZN15-5165 PEARSON DEVELOPMENT
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EXHIBIT 'B'
15-5165
The South 100 feet of Lot 1, Block 2 of Wilson Dunn Addition to the City of Fayetteville, Arkansas as
designated upon the recorded plat of said addition in the office of the Circuit Clerk and Ex -Officio
Recorder of Washington County, Arkansas.
Washington County, AR
I certify this instrument was filed on
10/16/2015 02:33:8 PM
and recorded in a Estate
File Number 201 -0 029 0
Kyle Sylvester -
by
s City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
- — File Number: 2015-0441
Agenda Date: 10/6/2015 Version:1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 10
RZN 15-5165 (1118 S. DUNN AVE./PEARSON DEVELOPMENT):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
15-5165, FOR APPROXIMATELY 0.23 ACRES, LOCATED AT 1118S. DUNN AVENUE FROM
I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL 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 1-1, Heavy Commercial and Light Industrial 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.
City of Fayetteville, Arkansas Page t Printed on 10/72015
City of Fayetteville Staff Review Form
2015-0441
Legistar File ID
10/6/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jeremy Pate 9/18/2015 City Planning /
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN 15-5165: Rezone (1118 S. DUNN AVE./PEARSON DEVELOPMENT, 562): Submitted by WILL SCHMIDT for
property located at 1118 S. DUNN AVE. The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and
contains approximately 0.23 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $
Funds Obligated $
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
V20140710
Previous Ordinance or Resolution H
Original Contract Number:
Comments:
Approval Date: —ObVIA
CITY OF
Wee ie
ARKANSAS
MEETING OF OCTOBER 6, 2015
TO: Fayetteville City Council
CITY COUNCIL AGENDA MEMO
FROM: Quin Thompson, Current Planner
THRU: Andrew Garner, City Planning Director
DATE: September 18, 2015
SUBJECT: RZN 15-5165: Rezone (1118 S. DUNN AVE./PEARSON
DEVELOPMENT, 562): Submitted by WILL SCHMIDT for property located
at 1118 S. DUNN AVE. The property is zoned I-1, HEAVY COMMERCIAL
& LIGHT INDUSTRIAL and contains approximately 0.23 acres. The
request is to rezone the property to NC, NEIGHBORHOOD
CONSERVATION.
RECOMMENDATION:
The Planning Commission and staff recommend approval of an ordinance to rezone the property
to NC, Neighborhood Conservation.
BACKGROUND:
The subject property is an undeveloped lot located north of 1118 S. Dunn Avenue and contains
approximately 0.23 acres within the I-1 zoning district.
Land Use Compatibility: The proposed zoning is compatible with the surrounding mixture of single
and multi -family residential, and commercial uses.
Land Use Plan Analysis: The City Plan 2030 Future Land Use Map (FLUM) designates this area
as Residential Neighborhood Area, a designation which encourages a wide variety of residential
uses, increased density, and appropriate infill of properties with existing infrastructure. The
existing industrial zoning is not consistent with the FLUM designation.
DISCUSSION:
On September 14, 2015 the Planning Commission forwarded this item to the City Council with a
recommendation for approval by a vote of 9-0-0.
BUDGET/STAFF IMPACT:
N/A
Attachments:
CC Ordinance
Exhibit A
Exhibit B
Planning Commission Staff Report
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CITY OF
a Y'ettvt1e ARKANSAS
TO:
THRU:
FROM
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Andrew Garner, City Planning Director
Quin Thompson, Current Planner
MEETING DATE: September 14, 2015
SUBJECT: RZN 15-5165: Rezone (1118 S. DUNN AVE.IPEARSON
DEVELOPMENT, 562): Submitted by WILL SCHMIDT for property located
at 1118 S. DUNN AVE. The property is zoned I-1, HEAVY COMMERCIAL
& LIGHT INDUSTRIAL and contains approximately 0.23 acres. The
request is to rezone the property to NC, NEIGHBORHOOD
CONSERVATION.
RECOMMENDATION:
Staff recommends RZN 15-5165 be forwarded to the City Council with a recommendation for
approval.
BACKGROUND:
The subject property is an undeveloped lot located north of 1118 S. Dunn Avenue and contains
approximately 0.23 acres within the I-1 zoning district. Surrounding land use and zoning is
depicted on Table 1.
Table 1
Surrounding Land Use and Zoninn
Direction from Site E Land Use _ _ _ Zoning North _ _ Multi -{amity! Apartments _ CS, Community Services
South Single -Family Residential RMF-24, Residential Multi -Family
East Electrical Contractor 1-1, Heavy Commercial and Light Industrial
West _ National Cemetery RMF-24. Residential Multi -Family_
Request: The request is to rezone the property from I-1 to NC. The applicant has stated that the
rezoning is needed so that the applicant can build a 300 square foot residence for a small family.
Public Comment: Staff has received no public comment.
INFRASTRUCTURE:
Streets: The subject parcel has access to Dunn Avenue. Dunn is an improved road with
existing curb/gutter and sidewalk through the subject parcel area. However, the
existing sidewalk and curb and gutter are in poor condition, and do not meet
Master Street Plan dimensions. Any required improvements to these streets will
be determined at time of development.
Mailing Address: Planning Commission
113 W. Mountain Street www.fayeAge 0q.A 2015
enda I
Fayetteville, AR 72701 15-5165 Pearson Dev.
Page 1 of 11
Water: A 2" diameter public water main is available to the subject parcel along the
frontage of Dunn Ave. A 6" main is approximately 30 feet north of the property
on 11'" Street.
Sewer: An 8" diameter public sewer main is available to the subject parcel along the east
side. If additional capacity is necessary for water or sewer to serve the property,
it shall be the responsibility of the property owner, at the time of development.
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: Residential Neighborhood Areas are primarily
residential in nature and support a variety of housing types of appropriate scale and context,
including single family, multifamily and rowhouses. Residential Neighborhood encourages highly
connected, compact blocks with gridded street patterns and reduced setbacks.
FINDINGS OF THE STAFF
RECOMMENDATION: Staff recommends RZN 15-5165 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: September 14. 2015 O Tabled O Forwarded O Denied
Motion: Second: Vote:
CITY COUNCIL ACTION: Required YES
Date: October 6. 2015 O Approved O Denied
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, and commercial
uses.
Land Use Plan Analysis: The City Plan 2030 Future Land Use Map (FLUM)
designates this area as Residential Neighborhood Area, a designation which
encourages a wide variety of residential uses, increased density, and
Planning Commission
G:\ETC\Development Services Review\2015\Development Review\15-5165 RZN N. of 1118 Dunn Ave. (Pearson Development)\ endaber 14, 2015
Planning Commission\09-14-2015\Comments and Redlines genda Item 15
15-5165 Pearson Dev.
Page 2 of 11
appropriate infill of properties with existing infrastructure. The existing
industrial zoning is not consistent with the FLUM designation.
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 appropriate infill development in an area that is intended to be
primarily residential.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The site has access to Dunn Avenue, a local street with curb, gutter, and
sidewalk that does not meet current standards. The rezoning would allow
two additional single-family dwellings to be built on the lot, which is not likely
to perceptibly 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: Rezoning the property from I.1 to NC will not undesirably affect density or
load on public services. This down -zoning would reduce potential for heavy
commercial and industrial uses discouraged by City Plan 2030 Future Land
Use Map in this area. 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
Attachments:
• Unified Development Code sections 161.26 & 161.27
• Aerial Image
• Request Letter
• One Mile Map, Close -Up Map, Current Land Use Map, Future Land Use Map
Planning Commission
G:\ETC\Development Services Review\2015\Development Review\15-5165 RZN N. of 1118 Dunn Ave. (Pearson Development)\QOeptember 14, 2015
15
Planning Commission\09-14-2015\Comments and Redlines 5 Item
15-55 16 16 5 Pearson
Dev.
Page 3 of 11
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 City-wide uses by right
Unit B Single-family dwellings
Unit 41 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 9
Two-family dwellings
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
Cottage Housing Development
(C) Density. 10 Units Per Acre,
(D) Bulk and area regulations.
(1) Lot width minimum.
Single Family 40 ft.
Two Family 80 ft.
Three Family 90 ft.
(2) Lot area minimum. 4,000 Sq. Ft.
(E) Setback regulations.
Front
A build -to zone that is
located between the
front property line and a
line 25 ft. from the front
property line.
Side
5 ft.
Rear
5ft.
Rear, from center line
12 ft.
of an alley
(F) Building height regulations.
Building Height Maximum 45 ft.
(Ord. 5128, 4-15-08; Ord. 5312, 4-20-10; Ord. 5462, 12-6-
11; Ord. 5592, 6-18-13; Ord. 5664, 2-18-14)
Planning Commission
September 14, 2015
Agenda Item 15
15-5165 Pearson Dev.
Page 4 of 11
161.27 District I-1, Heavy Commercial
And Light Industrial
(A) Purpose- The Heavy Commercial District is
designed primarily to accommodate certain
commercial and light industrial uses which are
compatible with one another but are
inappropriate in other commercial or industrial
districts. The Light Industrial District is designed
to group together a wide range of industrial uses,
which do not produce objectionable
environmental influences in their operation and
appearance. The regulations of this district are
intended to provide a degree of compatibility
between uses permitted in 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
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 6
Agriculture
Unit 13
Eating laces
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-
in/drive through restaurants
Unit 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 25
Offices, studios and related services
Unit 27
Wholesale bulk petroleum storage
facilities with underground storage tanks
Unit 42
Clean technologies
(2) Conditional uses.
Unit 2
City-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 -storage units
Unit 43
Animal boarding and training
(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.
Side, when adjoining A or R districts
150 ft.
Side, when adjoining C, I. or r districts
10 ft.
Rear
I 25 ft.
(F) Height regulations There shall be no maximum
height limits in 1-1 District, provided, however,
that any building which exceeds the height of 25
feet shall be set back from any boundary line of
any residential district a distance of one foot for
each foot of height in excess of 25 feet.
(G) Building area. None.
(Code 1965, App. A., Art, 5(VIII); Ord. No 2351, 6-2-77; Ord.
No. 2430, 3-21-78; Ord, No, 2516, 4-3-79; Ord. No. 1747, 6-
29-70; Code 1991, §160.039; Ord. No. 4100, §2 (Ex. A), 6-
16-98; Ord. No, 4178, 8-31-99; Ord. 4992, 3-06-07; Ord.
5028, 6-19-07; Ord. 5195, 11-6-08; Ord, 5312, 4-20-10; Ord
5339, 8-3-10; Ord, 5353, 9-7-10; Ord, 5472; 12-20-11)
Planning Commission
September 14, 2015
Agenda Item 15
15-5165 Pearson Dev.
Page5 of 11
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Arkansas Heritage Realty Company
36 E. Center Street
Fayetteville, AR 72701
479.521.2252
August 4, 2015
City of Fayetteville
City Planning
125 W. Mountain Street
Fayetteville, AR 72701
Re: Rezoning lot on S. Dunn
Dear Planning Commission,
Please find enclosed a request for rezoning of a lot that is located on South Dunn Ave, parcel
number 765-12404-000, it is owned by Pearson Development and under contract to be sold to
Ryan Casterellon. The land cannot be used under its current zoning classification because it is
not big enough. Therefore, Pearson Development is requesting a down -zoning of the land from
Industrial to RSF-8. This change will have little to no effect on the surrounding properties.
Moreover, the proposed zoning change will not increase traffic danger or congestion nor will it
influence the population density in such a way that it would impact the public services provided
by the city. Furthermore, water and sewer lines are already available at this property (2 inch
water line located in the front and 6 inch sewer line located in the back), therefore rezoning will
not cause any additional changes to city services. Finally, this zoning change is consistent with
the various land use planning and zoning objectives, principles, policies and is even consistent
with the proposed zoning of future plans in the area. I look forward to working with the city to
get this down zoning approved if you need any further information or questions please don't
hesitate to call me at the number listed above.
Sincerely,
Will Schmidt, Realtor
Planning Commission
September 14, 2015
Agenda Item 15
15-5165 Pearson Dev.
Page 7 of 11
RZN 15-5165
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15-5165 Pearson Dev.
Page 8 of 11
RZN 15-5165
Close Up View
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Planning Gomr
September 14,
Acenda Item 1
15-5165 Pears
Page 9 of 11
Page 10 of 11
RZN 15-5165
Future Land Use
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Page 11 of 11
P.O. BOX 1607, FAYETTEViLLE, AR, 72702 - 479-442-1700 • FAX: 479-69S-1118 - WWW.NWADG.COM
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat Gazette, printed and published in
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. 5806
Was inserted in the Northwest Arkansas Democrat
Gazette on:
October 15, 2015
Publication Charges: $ 71.34
Cathy Wiles
Subscribed and sworn to before me
This Z7 day of Oct , 2015.
*hLtta,t,t-
Notary Pubik
My Commission Expires: 7)zl7.s
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
ASHLEY DAVIS
Arkansas - Washington County
Notary Public - Cormm# 12694247
My Commission Expires Jul 2, 2025
RECEkVED
0CT28 82015
CITY
ITTY OF
OFFICE