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HomeMy WebLinkAboutORDINANCE 5869Doc ID: 017054250003 Type: REL Kind: ORDINANCE Recorded: 09/09/2016 at 09:21:38 AM Fee Amt: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File2016_00026317 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5869 File Number: 2016-0209 RZN 16-5358 (1429 E. HUNTSVILLE RD./ H&H PROPERTIES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5358 FOR APPROXIMATELY 1.88 ACRES LOCATED AT 1429 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS, COMMUNITY SERVICES AND RMF-24, RESIDENTIAL MULTI FAMILY, 24 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to CS, Community Services and RMF-24, Residential Multi Family, 24 Units Per Acre. 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 5/3/2016 r .�ti �;rrG�y� Y ��. •r�ir'■ r rs., 1 r •i ; FAYETTEVILLE;� Z Attest: r`ri5'rr SANS GTO Sondra E. Smith, City Clerk Treasurer Page i Punted on 514116 16-5358 EXHISIT'A' RZN 15-5358 Close Up View A] u HUNTSVILLE RD H & H PROPERTIES SEQUOYAN CT SUBJECT PROPERTIES MUNTSVILLE RO RUNTSV, t: JLL6 Rb Proposed ' CS RMF-6 Proposed RMF-24 i fin G F MUN c RD P-1 rA ' 00 OR FAIRLANE ST T W Legend RZN 16-5358 _ Fayetteville City Limits - Footprints 2010 Design Overlay Di tri 't 87 S ; s 350 525 lab ----- Planning Area F x C-4 R-0 16-5358 EXHIBIT'B' Legal Description Proposed Conversion from RSF-4 to CS 1429 E Huntsville: Part of the Northeast Quarter (Nib 114) of the Northeast Quarter (NE 1/4) of Section Twenty-two (22), Townalalp ShUm (16) North of Range Thirty (3O) West desrs*W as foiiomf Beginning at a point on the South rlgbt ofway tine of fthway 16 which b 2592A feet Weal end 30 feet South of the Northeast corner oltbe NW 1/4 of Section A Township 16 North of Range 30 West, and running thence South 200 feet, tbenee But 132.5 fe*4 tbetce Nortb 195A feet to the South right of way fine ofsaaid Egghway, thence Westerly with said right of way Rae 132.5 feet, more or ins, to the point of beginning, Waabkgton County, Admusas. LESS AND EXCEPT, aU that part along the West aide thert#, if any, deeded to the City of FkyetteviAe, Arkansas, for stint purposes only in Warranty Dead flied for record In Record Book 835 at Page 332 among the land records of WasMogton County, Arkansas. 1433 E Huntsville: PT NE NE .44A (ALSO KNOWN AS LOT 5 MCBROOM ADD) FURTHER DESCRIBED FROM 2015-5329 AS: Part of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section Twenty-two (22) in Township Sixteen (16) North of Range Thirty (30) West, and being more particularly described as follows, to -wit: Beginning at a point on the South Right-of-way line of Highway No 16, which point is Two Thousand Six Hundred and Sixty and Thirty-six one Hundredths (2660.36) feet West and Forty-three and Four -tenths (43.4) feet South of the North East corner of the Northwest Quarter (NW 1/4) of Section Twenty-three (23) in Township Sixteen (16) North of Range Thirty (30) West and running thenu South One Hundred Eighty-six and six -tenths (186.6) feet; thence West One Hundred (100) feet; thence North One Hundred Ninety-five and Four -tenths (195.4) feet to the South Rigbt-of-Way line of Highway No.16; thence running in a Southeasterly direction with said South Right -of -Way line One Proposed Conversion from RSF-4 to RMF-24 Curtis Avenue Lot (765-15071-000 ): PT NE NE 1.07A FURTHER DESCRIBED FROM 2015-1981 AS: Part of the Northeast Quarter of the Northeast Quarter of Section 22, in Township 16 North, of Range 30 West, described as follows: Beginning at a point 2892.86 feet West and 230 feet South of the Northeast corner of the Northwest Quarter of Section 23 of said Township and Range, and running thence South 200 feet; thence East 232.5 feet; thence North 200 feet; thence West 232.5 feet to the point of beginning, containing 1.06 acres, more or less, except that part thereof along the West side embraced in the right of way of the road. Washington County, AR I certify this instrument was filed on 09/09/2016 09:21:38 AM and recorded in Real Estate File Number 2 T6- 026317 Kyle Sylvest - it [t lerk. by 113WestMountainStreet City of Fayetteville, Arkansas Fayetteville, AR 72701 6 t (479) 575-8323 Text File File Number: 2016-0209 Agenda Date: 5/3/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C 3 RZN 16-5358 (1429 E. HUNTSVILLE RDJ H&H PROPERTIES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5358 FOR APPROXIMATELY 1.88 ACRES LOCATED AT 1429 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS, COMM[.INITY SERVICES AND RMF-24, RESIDENTIAL MULTI FAMILY, 24 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to CS, Community Services and RMF-24, Residential Multi Family, 24 Units Per Acre. 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 5/4/2016 City of Fayetteville Staff Review Form 2016-0209 Legistar File 1D 5/3/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 4/15/2016 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: RZN 16-5358: Rezone (1429-E. HUNTSVILLE RD./H&H PROPERTIES, 564): Submitted by ZARA NIEDERMAN for property at 1429 E. HUNTSVILLE RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.88 acres. The request is to rezone the property to CS, COMMUNITY SERVICES and RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE. 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 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: V20140710 CITY OF Fay P. vVille ARKANSAS MEETING OF MAY 3, 2016 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO FROM: Andrew Garner, City Planning Director DATE: April 15, 2016 SUBJECT: RZN 16-5358: Rezone (1429 E. HUNTSVILLE RD./H&H PROPERTIES, 564): Submitted by ZARA NIEDERMAN for property at 1429 E. HUNTSVILLE RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.88 acres. The request is to rezone the property to CS, COMMUNITY SERVICES and RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the properties to CS, Community Services and RMF-24, Residential Multi -family 24 Units per Acre, as shown in the attached Exhibit 'A' and 'B'. BACKGROUND: The subject property contains three parcels totaling 1.88 acres located at the southeast corner of Huntsville Road and Curtis Avenue. The property is currently zoned RSF-4. The property is developed with two single family homes with a large portion of the property being a cleared and undeveloped lot. The request is to rezone the property from RSF-4 to CS, Community Services (0.97 acres) and RMF, Residential Multi -family 24 Units per acre (0.99 acres). The applicant has identified a desire for more dense housing and mixed housing and commercial space on Huntsville Road to make this a more walkable neighborhood. Land Use Compatibility: The proposed zoning is compatible with the surrounding mixture of non- residential, two-family, and multi -family land uses to the east, west and south. It would also be compatible with the lower density single family uses on the north side of Huntsville Road dispersed amongst steep terrain. The immediate area contains a range of development types and this is a transitional area along a busy Collector and a corner location. The proposal of CS zoning at the corner would allow increased density and potential for commercial and mixed use that could serve the neighborhood, encouraging a pattern of development staff finds compatible with existing properties. The proposed RMF-24 zoning would allow a transition from higher density and intensity at the corner to the multi -family and two-family residential uses to the south. Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM) which designates the subject and surrounding properties as Residential Neighborhood Area. One of the primary tenants of City Plan 2030 is for the City to make zoning decisions that help create complete neighborhoods. A complete neighborhood should provide a mix of uses and housing types where residents can live, work, and play all in the same neighborhood. This policy Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 is embedded in the description of Residential Neighborhood Areas by indicating that non- residential services should be encouraged to serve the surrounding neighborhood on corners and along connecting corridors. This request fully meets this intent to help create a complete neighborhood. Finally, Goal 1.d. in City Plan 2030 indicates that we are to "Promote densest development around logical future transit stops". The subject property has a transit stop at the northeast corner of the property on Huntsville Road. This rezoning would allow increased density and allow non- residential goods and services in an area where existing and future transit stops are anticipated on a busy Collector Street connecting east Fayetteville to downtown. Increased density in the realm of at least 8 units/acre is needed to make transit a viable long-term option. DISCUSSION: This item was discussed at the forwarded to the City Council (Commissioner Brown voted 'no') BUDGET/STAFF IMPACT: None Attachments: April 11, 2016 Planning Commission meeting where it was with a recommendation for approval with a vote of 8-1-0 ■ Exhibit A ■ Exhibit B ■ Application ■ Planning Commission Staff Report 16-5358 EXHIBIT 'A' 16-5358 EXHIBIT V Legal Description Proposed Conversion from RSF-4 to CS 1429 E Huntsville: Pssrt of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of motion Twenty-two (22), Towswhlp Sixteen (16) North of Range Thirty (30) West, described as follows: Beginning at a point on the South right of way line ofidfghway 16 which Is 2M86 fiet West and 30 feet South of the Northeast corner of the NW 1/4 of Sectlon 23, Township 16 North of Range 30 West, and running thence South 200 feet, thence East 132.5 feet, thence North 195.4 feet to the South right of way line ofsald Highway, thence Westerly with said right of way line 132.5 feet, more or less, to the point of iteginning, Washington County, Arkansas. LESS AND EXCEPT, Q that part along the West side thereof, If any, deeded to the City of Trayettcvlile, Arkansas, for street purposes only In Warranty Heed filed for record [it Record Book 855 at Page 352 among the land records of Wasbington County, Arkansas. 1433 E Huntsville: PT NE NE .44A (ALSO KNOWN AS LOT 5 MCBROOM ADD) FURTHER DESCRIBED FROM 2015-5329 AS: Part of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section Twenty-two (22) in Township Sixteen (16) North of Range Thirty (30) West, and being more particularly described as follows, to -wit: Beginning at a point on the South Right-of-way line of Highway No. 16, which point is Two Thousand Six Hundred and Sixty and Thirty-six one Hundredths (2660.36) feet West and Forty-three and Four -tenths (43 4) feet South of the North East corner of the Northwest Quarter (NW 1/4) of Section Twenty-three (23) in Township Sixteen (16) North of Range Thirty (30) West and running thenu South One Hundred Eighty-six and six -tenths (186.6) feet; thence West One Hundred (100) feet; thence North One Hundred Ninety-five and Four -tenths (195 4) feet to the South Rigbt-of-Way line of Highway No. 16; thence running in a Southeasterly direction with said South Right -of -Way line One Proposed Conversion from RSF-4 to RMF-24 Curtis Avenue Lot (765-15071-000 ): PT NE NE 1 07A FURTHER DESCRIBED FROM 2015-1981 AS: Part of the Northeast Quarter of the Northeast Quarter of Section 22, in Township 16 North, of Range 30 West, described as follows: Beginning at a point 2892.86 feet West and 230 feet South of the Northeast corner of the Northwest Quarter of Section 23 of said Township and Range, and running thence South 200 feet; thence East 232.5 feet; thence North 200 feet; thence West 232.5 feet to the point of beginning, containing 1.06 acres, more or less, except that part thereof along the West side embraced in the right of way of the road. REZONING FOR STAFF USE ONLY FEE: $325,00 Dale Application Submitted.- Sign Fee: $5.00 Data Accepted as Complete: S-T*-R Case/Appeal Number: PA: Public Nearing Dale: Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished Application: Indicate one contact person for this request: Applicant (person making request): Name: 7Urk N���- , t�t✓e Address: 1 5-3v V4 c>k-z- Of "7' 1 c, t ✓Applicant Representative l sttai3; - { rt!�Gv+ Cr 4..kc Representative (engineer, surveyor, reallor, etc.): Name: Address: F-mail:. Phone: Phone: Fax: Fax: Site Address / Location: /* r,c Le, - Current Zoning District: S 4 Requested Zoning District: C-S kVI F -2 -4 Assessor's Parcel Number(s) for subject property: 76 S- - 1 50-7 d CnL, `7-! S6-7 I-OC,- l -76,;;-`tt�c)72-vUc, FINANCIAL INTERESTS The 161lowii7g entities and / or people have financial interest in this project: March 2014 Page I APPLICANT/ REPRESENTA TIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what 1 am applying for, or might set conditions on approval. Name rinted): �� l CJ 0rMgv) Date: Z Z� ( 6 PROPERTY OWNERS)/AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. (If signed by the authorized agent, a letter from each property owner must be provided indicating that the agent is authorized to act on his/her behalf.) Property Owners of Record (attach additional info if necessary): Name (printed): T Signature: ✓ l Date: j� !� Date: Address: r< 5-�X) H o� -Z-- 0- ilk �c'l 1'ltoltc: I (f- .-) 397-2.1 Address: ,✓� - �' J `' �' f 43 Rezoning Checklist: Attach the following items to this application: (1) Payment in full of applicable fees for processing the application: $325.00 application fee $5.00 public notification sign fee (2) A legal description of the property to be rezoned. A survey may be required if the property description can not accurately be platted or if it is described by referring to other deeds. (3) CD containing a copy of the legal description in MS Word and all required submittal items should be also included on the CD in PDF format. (4) A copy of the county parcel map from the Washington County Assessor's office or from the Washington County website (wAw.Co.N ash ill gton.ar.us). The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel number for every adjacent property shall be shown on this map. March 2014 Page 2 CITY OF 7 4 y -Il-� a PLANNING COMMISSION MEMO ARKANSAS TO: City of Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director MEETING DATE: April 11, 2016 (Updated with Planning Commission results) SUBJECT: RZN 16-5358: Rezone (1429 E. HUNTSVILLE RD./H&H PROPERTIES, 564): Submitted by ZARA NIEDERMAN for property at 1429 E. HUNTSVILLE RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.88 acres. The request is to rezone the property to CS, COMMUNITY SERVICES and RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN 16-5358 with a recommendation for approval. BACKGROUND: The subject property contains three parcels totaling 1.88 acres located at the southeast corner of Huntsville Road and Curtis Avenue. The property is currently zoned RSF-4. The property is developed with two single family homes with a large portion of the property being cleared and undeveloped lot. Surrounding land use and zoning is depicted on Table 1. Direction from Site I Land Use North South East Table 1 Surrounding_ Land Use and Zoning Single-family Residential Multi -family Residential Multi -family Residential Zoning RSF-4, Residential Single -Family RMF-24, Residential Acre RMF-24, Residential Acre West Recording studio; two-family residential K-U, Kesidential Sin Ig e-Family Multi -Family 24 Units per Multi -Family 24 Units per office; RSF-4, Residential Request: The request is to rezone the property from RSF-4 to CS, Community Services (0.97 acres) and RMF, Residential Multi -family 24 Units per acre (0.99 acres). Public Comment: Staff has received no public comment. INFRASTRUCTURE: Streets: The subject parcel has access to Huntsville Road (a Collector Street) and Curtis Avenue (Local Street). Along the project frontage (south side) of Huntsville Road, full improvements are already in place including curb/gutter, storm drainage, and sidewalks. The Curtis Avenue frontage has not been improved aside from existing Mailing Address: Planning Commiss 113 W. Mountain Street www.fayetteville-aW Iter Fayetteville, AR 72701 16-5358 H&H Propert curb and gutter. Any further street improvements would be determined at time of development. Water: Public water is available to the site. 6-inch and 8-inch water mains run through the Curtis Avenue and Huntsville Road rights of way, respectively. Sewer: Public sewer is available to the site. A 6-inch sewer main runs through the Huntsville Road right of way. Drainage: Any additional improvements or requirements for drainage would be determined at time of development. No portion of this parcel lies within the FEMA designated 100-yr floodplain. No protected stream flow through these parcels and no part of these parcels lies within the HHOD. 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 the property within the proposed rezone as Residential Neighborhood Area. 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 row - houses. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incoworales low -intensity ► on -residential uses intended to serve the surrounding nekthbor- hood. such as retail and offices. on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features in the natural envi- ronment. 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: Land Use Compatibility: The proposed zoning is compatible with the surrounding mixture of non-residential, two-family, and multi -family land uses to the east, west and south. It would also be compatible with the lower density single family uses on the north side of Huntsville road dispersed amongst steep terrain. The immediate area contains a range of development types and this is a transitional area along a busy Collector and a corner location. The proposal of CS zoning at the corner would allow increased density and potential for commercial and mixed use that could serve the neighborhood, encouraging a pattern of development staff finds compatible with existing properties. The proposed RMF-24 zoning would allow a transition from higher density and intensity at the corner to the multi -family and two-family residential uses to the south. Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM) which designates the subject and surrounding Planning Commiss April 11, 2( WETC\Development Services Review\2016\Development Review\16-5310 RZN 1564 E Agenda Iter Huntsville Rd. (Zweig) 526\03 Planning Commission\02-22-2016\Comments and Redlines 16-5358 H&H Propert properties as Residential Neighborhood Area. One of the primary tenants of City Plan 2030 is for the City to make zoning decisions that help create complete neighborhoods. A complete neighborhood should provide a mix of uses and housing types where residents can live, work, and play all in the same neighborhood. This policy is embedded in the description of Residential Neighborhood Areas by indicating that non-residential services should be encouraged to serve the surrounding neighborhood on corners and along connecting corridors. This request fully meets this intent to help create a complete neighborhood. Finally, Goal 1.d. in City Plan 2030 indicates that we are to "Promote densest development around logical future transit stops". The subject property has a transit stop at the northeast corner of the property on Huntsville Road. This rezoning would allow increased density and allow non-residential goods and services in an area where existing and future transit stops are anticipated on a busy Collector Street connecting east Fayetteville to downtown. Increased density in the realm of at least 8 units/acre is needed to make transit a viable long-term option. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant has requested the zoning change in order develop the property with a variety of non-residential and residential uses. The proposed zoning districts would beneficially increase residential densities in the core of the city above those allowed under the current 4 unit per acre limit, thereby discouraging sprawling development, a goal of the City Plan 2030. The property is located less than one mile from the city center, and in staff opinion, the pattern of development should reflect that with increased density and traditional town form as indicated by the goals of City Plarr203O. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has access to Huntsville Road, partially improved `Collector' street, and Curtis Avenue, a partially improved `Local' street. The proposed rezoning would likely increase traffic over the existing RSF-4 zoning. However, given the location of this site in the core of the city along improved streets the increase would not be significant. 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 RSF-4 to CS and RMF-24 would not likely increase the future population density. However, this is an infill site with access to public infrastructure and is in an area where increased density is appropriate and desired. Significant adverse impacts to public infrastructure should not result from this rezoning. The Police and Fire Departments have expressed no objections to the proposal. Planning Commiss April 11, 2( G:\ETC\Development Services Review\2016\Development Review\16-5310 RZN 1564 E. Agenda Iter Huntsville Rd (Zweig) 526\03 Planning Commission\02-22-2016\Comments and Redlines 16-5358 H&H Properi 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 RECOMMENDATION: Staff recommends forwarding RZN 16-5358 to the City Council with a recommendation for approval based on the findings discussed throughout this report. PLANNING COMMISSION ACTION: Required YES Date: April 11, 2016 O Tabled x Forwarded O Denied Motion: Hoffman Second: Quinlan Vote: 8-1-0 (Brown voted 'no') Note: recommend approval CITY COUNCIL ACTION: Required YES Date: O Approved O Denied BUDGET/STAFF IMPACT: None Attachments: ■ Unified Development Code sections 161.07 (RSF-4); 161.14 (RMF-24); 161.19 (CS) ■ Request letter • Applicant's rezone exhibit • One Mile Map ■ Close -Up Map ■ Current Land Use Map • Future Land Use Map Planning Commiss G:\ETCOevelopmentServices Review\2016\Development Review\16-5310 RZN 1564 E April 11, 2( Huntsville Rd. (Zweig) 526\03 Planning Commission\02-22-2016\Comments and Redlines Agenda Iter 16-5358 H&H Propert 161.07 District RSF-4, Residential Single -Family — Four Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted uses. _ Unit 1 City-wide uses by right Unit 8 Single-famL dwellings Unit 41 Accessory dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utilit / facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-familv dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development (C) Density. Single-family dwellings Two-family dwellings Units per acre 4 or less 7 or less D) Bulk and area regulations. Single-family Two-family dwellings dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 8,000 sq. ft. 12,000 sq.-ft. Land area per 8,000 sq. ft. 6,000 sq, ft. dwelling unit Hillside Overlay 60 ft. '70 ft. District Lot minimum width Hillside Overlay 8,000 sq. ft 12,000 sq.-ft.. District Lot area minimum Land area per 8,000 sq. ft. ......_ ............ 6,000 sq. ft. dwelling unit (E) Setback)ecltfirements. Front Side Rear 15f1. 5ft. 1 15ft. AI (F) Badding height regulations. Building F{eight Maximum 45 ft. Height regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses, (ord. # 4858). (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4858, 4-18-06; 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 Commiss G:\ETC\Development Services Review\2016\Development Review\16-5310 RZN 1564 E. April 1 Iter Huntsville Rd (Zweig) 526\03 Planning Commission\02-22-2016\Comments and Redlines Agenda 16-5358 H&H Propert 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 _ Single-family dwellings Unit 8 Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi -family dwellings Unit 44_j 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 5 Government facilities Unit 11 Manufactured home park Unit 12 Limited business Unit 25 Professional offices Unit 24 Home occu ations 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-famil 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. Sin le-famil 6,000 sq. ft. Two-family 7.000 sq. ft. Three or more 9,000 sq. ft. Fraternity or Sorodty 2 acres Professional offices 1 acre Planning Commiss G:\ETC\Development Services Review\2016\Development Review\16-5310 RZN 1564 E. April 11, 2( Huntsville Rd. (Zweig) 526\03 Planning Comm ission\02-22-2016\Comments and Redlines Agenda Iter 16-5358 H&H Properl (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 JJ (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. (F) Building height regulations. JJ Building Height Maximum J 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(III); Ord. No. 2320, 4-6-77; Ord. No. 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, 6-18-13; Ord. 5664, 2-18-14) Planning Commiss G:\ETC\Development Services Review\2016\Development Review\16-5310 RZN 1564 E_ April 1 I er Huntsville Rd. (Zweig) 526\03 Planning Comm ission\02-22-2016\Comments and Redlines Agenda 16-5358 H&H Propederi 161.19 Community Services (A) Purpose. The Community Services district is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (l3) Uses. (1) Permitted uses. Unit 1 Cit -wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-familySiggle-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating laces Unit 15 Neighborhood Shopping good„ s Unit 18 Gasoline service stations and drive- in/drive through restaurants FUnit 24 Home occu ations Unit 25 Offices, studios and related services 11 Unit 26 Multi -family dwellings ': Unit 44 Cotta e Housing Development Small scale production I Unit 45 Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 -City-wide-uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping oods Unit 17 Transportation, trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recvclable materials Unit 34 _ Liquor stores Unit 35 Outdoor music establishments ' Unit 36 Wireless communication facilities" Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None (D) Bulk and area regulations. (1) Lot width minimum. R Dwelling 18 ft. All others None (2) Lot area minimum. None Planning Commiss G:\ETC1Development Services Review12016\Development Review\16-5310 RZN 1564 E. April 11, 2(r Ite Agenda Huntsville Rd. (Zweig) 526\03 Planning Commission\02-22-2016\Comments and Redlines 16-5358 H&H Agenda Itet (E) Setback regulations. A build -to zone that is located' between 10 feet and a line 25 feet from the front property line. Side and rear. None Side or rear, when contiguous 15 feet to a single-family residential district: (F) Building Height Regulations. 13uildin Nei ht Maximum 56 fl. (G) Minimum bidldable street frontage. 50% of the lot width. (Ord, 5312, 4-20-10; Ord. 5339, 6-3-10; Ord, 5462, 12-6-11; Ord. 5592, 5-18-13; Ord. 5664, 2-18-14; Ord. 5736, 1-20- 15) Planning Commiss G)ETCOevelopment Services Review120161Development Review116-5310 RZN 1564 E April Huntsville Rd. (Zweig) 526M Planning Commission102-22-20161Comments and Redlines Agendaa Iter 16-5358 H&H Properi PLAT OF SURVEY ibTM ztf+C.eCC IT PJdf,C[t �7rifj^45©Ir-CTf• [ S3 ACRES r./_ ' •wtl lw.Yl.YYII F'hl{ir el•.Yle.1{F.•.�[e� er f ',l � •. l �� eMe r1( IQ' csT Itm 4- 01 wff W i rnMVJ ih �1 y r,.r err' � 1 , pw tires •r- I 0 " lr;] An I.0 j1 Y i " P_tannins o April 11, 2( Agenda Iter 16-5358 H&H Properi RZN 16-5358 H & H PROPERTIES One Mile View r -'fit. I r 'V r. GUNTER ST J > C w i1y LU 0,tfLl SF iu MAPLE ST O p Q cZn vRl�q� f y J O pR`U9TE , ra LAFAYETTE ST CO 4y3 LAFAYETTE ST RN1F-6 SUTTON ST w DOGWOOD LN -PEX I a c`av = w DR p U ART C LU ST a DICKSON ST w a �T SKYLINE d w-1 ! F L w a: OR + SAPQHI4x s STpN �aa a mPRI 1'-I • ONE ,• OUNTP��OR 7Yt- 7 SPRING ST o Y � Lp IPFS SL a - ¢ ° "}- '' To 1�i D CLIFFS BVIP a x LU L w MEAOOwPRIV L9 -p A + Q ST 13tirE �g 1 { v v SLR EL 9ti Uj m CER.ST �p©te ,.: ,�i CrA w 1VAt � + Q� 517 RODGERS DR SOUTHERN 0 .4cArIA O. It ZDiinn•s�`•"'I a ROCK, SIGHTS PL ! -p �AEPP 0 y ROCK STD Zy� , F " U tun tx T EPT 'A/E dR .a Q N G+ woo�� _p 4 �LGr RSF-4 ¢ 6 SUBJECT PROPERTIES TE301 WYMAN RD IVA7E o7qHST 399 z �� to T TRAVfS ST ? NEEL`! 0- LU USTSV HUNTSVILLE RD � Q A N r (! lu .. SI a m ¢ �rSL C-� - o r Itl1I°-1 Z X TSV TEFAIRLANE ST PROS Q LEE ST [ RSI:-7 f3TH SAtL' as i Uj E TH k:�T J'Is(:., ch RNIF-24 4 9 L (OT a 'ISTH ST O [ - I na OLU a z o a Q" ¢ 0 R-A Q RSF-8 z Ul 'y � qTH PRIVATE ui ST 171 Z�- O' Legend u PRIVATE 2103 Q pU MP STATION RD A�, � a �a AS PUIVIi� $rAJ16�S TION#3D PUMP ----,o-U�$hared-Use Paved Trail RIa STATION RD.-. . . RC9 -. Nei hborhoodlPark Trail Overview Nature I Surface Trail .L I Design Overlay District •' - Planni Ig Area .,� � - - =r--' Fayett wille 0 0.25 0.5 1 Miles Planning Ca amiss Apri 11,2( Api-rda Iter 16-5358 H&H Properi NORTHWESTARKANsAs 1 ,".t:r.i,° r rr_;JF. is E,11 2 FA`:479-69,5111fi= VrVtti`/:�\vADG,MMI C)G 9. 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 County 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. 5869 Was inserted in the Regular Edition on: May 12, 2016 Publication Charges $ 75.40 Cathy Wiles Subscribed and sworn to before me This 16 day of fi, 2016. NoNrdyTublic My Commission Expires: }_IC G 1379` \L 1 **NOTE** Please do not pay from Affidavit: Invoice will be sent. RECEIVED MAY 2016 CITY OF OFFICE Ordinance: 5869 File Number: 2016-0209 RZN 16-5358 (1429 E. HUNTSVILLE RD./ H&H PROPERTIES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5358 FOR APPROXIMATELY 1.88 ACRES LOCATED AT 1429 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS; COMMUNITY SERVICES AND RAF-24, RESIDENTIAL MULTI FAMILY, 24 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to CS, Community Services and RMF-24, Residential Multi Family, 24 Units Per Acre. 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 5/3/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73691400 May 12, 2016