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Home My WebLink AboutOrdinance 5798File Number: 2015-0400 RZN 15-5148 (402 E. 7TH ST./NIEDERMAN): AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5148, FOR APPROXIMATELY 0.20 ACRES, LOCATED AT 402 E. 7th ST. FROM NC, NEIGHBORHOOD CONSERVATION TO RMF -12, RESIDENTIAL MULTI -FAMILY, 12 UNITS PER ACRE. 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 NC, Neighborhood Conservation to RMF -12, Residential Multi -Family, 12 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 on 9/15/2015 �itttirrii� Attest: My;Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 9/16115 1111111111111111 11111111111111111111111111111LL11Lll11111111111111111�1111 Doc iD: 0i647877b003 ryPe' rt . Kind: aAD' ib102/2015 at 02:05:44 P41 Reoot'ded• 1 of 3 Fee Amt: $ 25.00 Page Washington teunrircui { tcyle 8Y(1�ve15...V002❑ 184 F11e2V 1 p 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5798 File Number: 2015-0400 RZN 15-5148 (402 E. 7TH ST./NIEDERMAN): AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5148, FOR APPROXIMATELY 0.20 ACRES, LOCATED AT 402 E. 7th ST. FROM NC, NEIGHBORHOOD CONSERVATION TO RMF -12, RESIDENTIAL MULTI -FAMILY, 12 UNITS PER ACRE. 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 NC, Neighborhood Conservation to RMF -12, Residential Multi -Family, 12 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 on 9/15/2015 �itttirrii� Attest: My;Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 9/16115 RZN 15-5148 Close Up View �w a z D z a O _J 15-5148 EXHIBIT 'A' NIEDERMAN TWA: /& 41�1 r 0 MML r, f - SUBJECT PROPERTY 11 I:. � , _ • Il f I , . r� I� f l+i I I t 1 PM -18 OV&n ier,Neighborhood/Pa c Trail ------ Natural Surface T mil = RZN 15-5148 - Hillside -Hilltop Ov rlay District Fayetteville City Limits - Footprints 2010 0 75 150 300 450 sI eel 15-5148 EXHIBIT 'B' PT LOT 45 SW (62.5 X 156.5) FURTHER DESCRIBED FROM 2013-29903 AS: Part of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section Fifteen (15) in Township Sixteen (16) North, Range Thirty (30) West, being more particularly described as follows, to -wit: Beginning at a point 201.5 feet West of the Southeast corner of said forty acre tract and running thence West 62.5 feet; thence North 156.5 feet; thence East 62.5 feet; thence South 156.5 feet to the point of beginning. Washington County, AR I certify this instrument was filed on 10{02/2015 02:05:44 PM and recorded in Real Estate File Number 201 ,S-Q0028184 Kyle Sylvester - . 'rct4it Jerk by . _. City of Fayetteville, Arkansas 113 West Mountain Street F y_ Fayetteville, AR 72701 (479) 575-8323 r r , Text File File Number: 2015-0400 Agenda Date: 9/15/2015 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 3 RZN 15-5148 (402 E. 7TH ST./NIEDERMAN): AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5148, FOR APPROXIMATELY 0.20 ACRES, LOCATED AT 402 E. 7th ST. FROM NC, NEIGHBORHOOD CONSERVATION TO RMF -12, RESIDENTIAL MULTI -FAMILY, 12 UNITS PER ACRE. 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 NC, Neighborhood Conservation to RMF -12, Residential Multi -Family, 12 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 of Fayetteville, Arkansas Page 1 Printed on 9/18/2015 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2015-0400 Legistar File ID 9/15/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/28/2015 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: RZN 15-5148: Rezone (402 E. 7TH ST./NIEDERMAN, 524): Submitted by ZARA NIEDERMAN for property located at 402 E. 7TH ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.20 acres. The request is to rezone the property to RMF -12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE. Account Number Project Number Budgeted Item? NA Budget Impact: Fund Project Title 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 # Original Contract Number: Comments: Approval Date: CITY OF ttVlle ARKANSAS MEETING OF SEPTEMBER 15, 2015 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Current Planner DATE: August 28, 2015 SUBJECT: RZN 15-5148: Rezone (402 E. 7TH ST./NIEDERMAN, 524): Submitted by ZARA NIEDERMAN for property located at 402 E. 7TH ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.20 acres. The request is to rezone the property to RMF- 12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the property to RMF-12, Residential Multi -Family, 12 Units Per Acre. BACKGROUND: The subject property is located at 402 E. 7th Street in the Walker Park Neighborhood and contains approximately 0.20 acres (9,023 Square Feet) within the NC zoning district. The property is undeveloped. Land Use Compatibility: The proposed zoning is compatible with the surrounding mixture of single and multi -family residential uses. The immediate area contains a variety of housing types, from single to small multi -family developments. Land Use Plan Analysis: The City Plan 2030 Future Land Use Map (FLUM) designates this area as Complete Neighborhood Plan: Walker Park Neighborhood. The plan sought to preserve single- family neighborhoods while encouraging additional housing types and a mix of uses. The proposed rezoning is consistent with the Walker Park Plan and the City's overall goals to promote infill and a variety of housing types and densities in the same neighborhood. DISCUSSION: On August 24, 2015 the Planning Commission forwarded this item to the City Council with a recommendation for approval by a vote of 8-0-0. BUDGET/STAFF IMPACT: N/A Attachments: CC Ordinance Exhibit A Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Exhibit B Planning Commission Staff Report CITY OF Fay%Zt—lle ANSAS TO: THRU: FROM: MEETING DATE PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Quin Thompson, Current Planner August 24, 2015 SUBJECT: RZN 15-5148: Rezone (402 E. 7T" ST./NIEDERMAN, 524): Submitted by ZARA NIEDERMAN for property located at 402 E. 7TH ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.20 acres. The request is to rezone the property to RMF- 12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE. RECOMMENDATION: Staff recommends RZN 15-5148 be forwarded to the City Council with a recommendation for approval. BACKGROUND: The subject property is located at 402 E. 7th Street in the Walker Park Neighborhood and contains approximately 0.20 acres (9,023 Square Feet) within the NC zoning district. The property is undeveloped. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Single -Family Residential NC, Neighborhood Conservation South Single -Family and two -Family Residential NC, Neighborhood Conservation East Two -Family Residential NC, Neighborhood Conservation West Apartment Complex NC, Neighborhood Conservation Request: The request is to rezone the property from NC, Neighborhood Conservation to RMF-12, Residential Multi -family / 12 units per acre. The applicant has stated that the rezoning is needed so that the property developed with a duplex. Public Comment: Staff has received no public comment. INFRASTRUCTURE: Streets: The subject parcel has access to East 7th Street. This road is improved along the subject property's frontage with curb and sidewalk. Any required improvements to this street will be determined at time of development. Water: Public water is available to this parcel. An existing 16" and 1.5" main are located within the East 7th Street right-of-way. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Sewer: Sanitary sewer is available to this parcel. An existing 8" sanitary sewer main is located within the East 71h Street right of way. 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 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as a Complete Neighborhood Plan: Walker Park Neighborhood. A central goal of the plan was to preserve single-family neighborhoods while encouraging additional housing types and a mix of uses. A digital cony of the adopted document has been orovided separately. FINDINGS OF THE STAFF RECOMMENDATION: Staff recommends RZN 15-5148 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: August 24, 2015 O Tabled O Forwarded O Denied Motion: Second: Vote: CITY COUNCIL ACTION: Required YES Date: September 15, 2015 O Approved O Denied 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: Land Use Compatibility: The proposed zoning is compatible with the surrounding mixture of single and multi -family residential uses. The immediate area contains a variety of housing types, from single to small multi -family developments. Land Use Plan Analysis: The City Plan 2030 Future Land Use Map (FLUM) designates this area as Complete Neighborhood Plan: Walker Park Neighborhood. The plan sought to preserve single-family neighborhoods while encouraging additional housing types and a mix of uses. The proposed rezoning is consistent with the Walker Park Plan and the City's overall goals to promote infill and a variety of housing types and densities in the same neighborhood. G:\ETC\Development Services Review\2015\Development Review\15-5148 RZN 402 N. 7th St. (Niederman)\03 Planning Commission\08-24-2015\Comments and Redlines 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 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 7th Street, a partially improved local street. The rezoning would allow a two-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 NC to RMF-12 will not undesirably affect density or load on public services. The small lot size (0.20 Acre) would not allow more than 2 units to be developed on this lot. The Police and Fire Departments have expressed no objections to the proposal. 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 & 161.12 ■ Request Letter ■ Survey ■ One Mile Map, Close -Up Map, Current Land Use Map, Future Land Use Map Under separate cover: ■ Walker Park Master Plan Vision Document ■ Walker Park Master Plan Illustrative Plan G:\ETC\Development Services Review\2015\Development Review\15-5148 RZN 402 N. 7th St. (Niederman)\03 Planning Commission\08-24-2015\Comments and Redlines 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 8 Single-family dwellings Unit 41 Accessory dwellin s (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 5 ft. Rear, from center line 12 ft. of an alley (F) Building height regulations. Building Height Maximum 1 45 ft. II (Ord. 5128, 4-15-08; Ord. 5812, 4-20-10; Ord. 5462, 12-6- 11; Ord. 5592, 6-18-13; Ord. 5664, 2-18-14) 161.12 District RMF-12, Residential Multi - Family — Twelve Units Per Acre (A) Purpose. The RMF-12 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a moderate density that is appropriate to the area. (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 Unit 44 Cottage Housing Develo ment (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 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre I 12 or less II (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 and more 90 ft Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a 4,200 sq. ft. manufactured home park Townhouse: Development 10,000 sq. ft. Individual lot 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 bedrooms 1,700 sq. ft. One bedroom 1,700 sq. ft. Two or more bedrooms 2,000 sq. ft. Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear A build -to zone 8 ft. 25 ft. that is located between the front property line and a line 25 feet from the front property line. Cross reference(s)--Variances, Ch. 156 (F) Building height regulations. Building Height Maximum I 30/45 ft." *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. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of 45 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. (Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07; Ord. 5224, 3-3- 09; Ord 5262, 8-4-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6- 11; Ord. 5592, 6-18-13; Ord. 5664, 2-18-14) Currently this property is a vacant lot. It is zoned Neighborhood Conservation (NC). This allows for single family dwellings by right. It also allows for two-family dwellings by conditional use. We would like to develop a two-family townhouse similar to those recently built on Graham St and Stone St near the University (see examples -: below). Current zoning requires that a two family '~' �.t building must be at least 80' wide. This lot is 62.5' - wide. Under RMF-12, two r' ' '� family dwellings are ass 3�, �` possible by right, and only tt , C I s require 60'. RMF-12 :;-, o_ _ `" Er•n requires 90' for a three - :1 - family dwelling, so this would not be an option l;'' 7--- - --_" _ _ -_ { here. We believe that a two family dwelling is more •'"�� l4 es: ' r•is _ '' _ tN compatible with the direct neighbors and that while c_. 'A 1. � Ii the actual zoning would � i. �=• .ti�� ,j E become different, the ti's f + ;! development pattern would actually be more Figure 2. Property showing the predominance of multi -family dwellings as neighhors compatible with the neighbors. This property is surrounded on the East and West by multi -family units. Two the west is a 3 -unit and 4 -unit apartment complex. To the east is a duplex, followed by a lot with two dwelling units on it. Across the street is a duplex, a single family house, a lot with two dwelling units, and a tri- plex. This is just a block away from the Jefferson Center, which is expected to be a neighborhood hub in the Walker Park Master Plan. Much of the zoning there is Downtown General, which allows for dense housing and commercial space. When the Walker Park Neighborhood Plan was created, much of the neighborhood was zoned either Downtown General or NC. This area of small multi -family was zoned NC, rather than Downtown General. At that time, this made perfect Neighborhood Conservation district Is a sense here, because NC allowed two-family dwellings residential zone. by right, and three-family dwellings by conditional (6) Uses use. At that time, the minimum lot widths for two (1) Permitted uses. family dwellings were only 50' and only 60' for three- family dwellings. This lot at the time of the plan could Units cl -vAde uses 1 l unit a sin le•famll dwellIn s have had a two or three-family dwelling on it, by right. units Two-amlly ctwellln At a later date, two-family dwellings were allowed by Unit+lt Aecessorvdweliin s right under NC, but the lot width requirement (2) Conditional uses. increased from 50' to 80'. In most other parts of the unit 2 city-wide uses by Walker Park neighborhood where zoning is NC, the use rmil predominant housing structure is single family. Unit 3 Publonal Public roteon and Utility taciuues icclCultural unt4 and reaeatlonal racilltles Presumably the lot width requirements were Unit 10 Three-taml dweliln s Unit 12 Offices, studios and related services increased in order to minimize duplexes and triplexes Unit24 tiomeoccupations in single family neighborhoods. While we believe this Uni25 professional services may provide more consistency and continuity within Unit 28 Center for collecting recyciable materials other parts of the Walker Park neighborhood, it does Unit 36 Wireless communication facilities not appear to be consistent here. (c) Density. lounitsPerAae. (D) Bulk and area regulations. Currently, there is 8" sewer and 16" CIP water and (1) Lotwldthminlmum. sewer on this street, so adding an additional unit I sin ie Family 1403. should not be an issue. The road is not heavily Two Family 5011 Three FamIN 60 3. trafficked either, so adding an additional unit should not appreciably increase traffic either. In addition, this Figure 3. Neighborhood Conservation is location is in the Walker Park Neighborhood and in Requirements from 2009 South Fayetteville, where the City Plan 2030 states that it seeks to make infill development its highest priority. O 0 O 50O5 5 -04 155 Decrees Figure 4. Utilities Figure 5. Stone St. Figure 6. Graham St. �.r ! ', .`RiRli'fl t I'd • S ~']'� - �.` � 'It's"�' •, . - ', :'.{-r-mac �y ` .�...ti.Y � ,•a •_� W L�am{'��', c -. ;�• �,. i .I ". t.;.��-. . �.tiS►i7��►s�.�..,th� .la .. Q��,i..�• 'i• 1 i if•� ' •� �-• 5 ,i. r •r'~ � -�' •'' ,erg } - �� .:,Y. )$i - •irn.iiiuwi $�,; - mil.. 'i.' • Y. �• . . . yr; . �' ; '",:. 1PL _____ �-�yg �-'_, ..fat1 •'" ,:: . s i.�: .....r•s- .: :4 � 1:rj: fie` 1 x;; .• a. J• V;1 �y .t ski ___•� loy [ii F.O. BOX 1607, FAYETTEVILLE, AR, 72702 . 479-442-1700 « FAX: 479-695-1118 ® 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. No 5798 Was inserted in the Northwest Arkansas Democrat Gazette on: September 27, 2015 Publication Charges: $ 71.34 0ij Cathy Wiles Subscribed and sworn to before me This ( day of 10(—. , 2015. No Public ��s�►�oi��tri� My Commission Expires: to1'gl2l4 **NOTE** Please do not pay from Affidavit. NOTARY PUBLIC 12401379 'ct'Z Invoice will OCT 02 2015 I I T CLEt�3 ORCE