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HomeMy WebLinkAboutORDINANCE 59020F.4aN£Fi�. L T 4�Na NSpS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5902 File Number: 2016-0382 RZN 16-5500 (335 E. 7TH ST./NIEDERMAN) APPEAL: IIIII I IIII III IIIII III IIII I I I III IIIII I I I IIIII II II IIIII IIII III Doc ID: 017122980005 Type: REL Kind: ORDINANCE Recorded: 10/24/2016 at 08:50:16 AM Fee Amt: $35.00 Page 1 of 5 Washington County, AR Kyle Sylvester Circuit Clerk File2016-00031292 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5500 FOR APPROXIMATELY 0.23 ACRES LOCATED AT 335 EAST 7TH STREET FROM NC, NEIGHBORHOOD CONSERVATION TO DG, DOWNTOWN GENERAL SUBJECT TO THE ATTACHED BILL OF ASSURANCE. 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 NC, Neighborhood Conservation to DG, Downtown General subject to the attached Bill of Assurance. 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 Is I IIIit,, PASSED and APPROVED on 9/20/2016 ' `C; FAYMLVILLE % ; r• NCO 11111111110 Sondra E. Smith, City Clerk Ae,stirer Page 1 Printed on 9121116 RZN 16-5500 Close Up View W a 0 J J Legend 1 ' I Planning Area ' Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint 16-5500 EXHIBIT W NIEDERMAN W Q O O O 2 RSr-18 RMF-18 Feet 0 75 150 300 450 600 1 inch = 200 feet Menilk, �G RSr-8 rr� W Q RPLD U F� J FAIRLANE ST w Q w J J W Z Q RS F-8 RSF-18 RM F-12 RM F-18 Downtown General Neighborhood Conservation Commercial, Industrial, Residential 16-5500 EXHIBIT 'B' Legal Description Proposed Conversion from NC to DG 335 E 7th St: Washington County Parcel ID: 765-04843-000 PT LOT 15 FURTHER DESCRIBED FROM DEED 2013-27512 AS: PART OF LOT NUMBERED FIFTEEN (15) IN EASTGATE ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS; BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT AND RUNNING NORTH 136 FEET, THENCE EAST 68.35 FEET, MORE OR LESS, THENCE SOUTH 136 FEET TO THE SOUTH LINE OF SAID LOT 15 THENCE WEST 67.56 FEET, MORE OR LESS TO THE POINT OF BEGINNING. BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of tliis property, (hereinafter "Petitioner") ` r0. k J(-d e i ce„ hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to CO2 - 2SA-2 6141491qi- - - 2. Other restrictions including number and type of structures upon the property are limited to t-kfl v I 1 "'HIV rem,-,-W -fD y � � - . 3. Specific not be allowed upon petitioner's property include +` /y Iactivities �iwill _- 4. (Any other terms or conditions) 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, F,,k , as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. Data ZS-)o o e" - Address .A - - 7Z7q STATE OF ARKANSAS COUNTY OF WASHINGTON Printed Name And now on this the i day of ed It-t& 6-40*' , 20)%, appeared before me, a Notary Public, anafter being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. My Commission Expires: —�.? — 2 F r Zit DAVID BRIAN ROWDEN Notary Public -Arkansas Washlgion County My Commission Expires 03-03-2025 Commission # 12403425 Washington County, AR I certify this instrument was filed on 10/24/2016 08:50:16 AM and recorded in i state File Number 2016-000 1 92 Kyle Sylvest by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 -' Text File File Number: 2016-0382 Agenda Date: 9/20/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 2 RZN 16-5500 (335 E. 7TH ST./NIEDERMAN) APPEAL: AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5500 FOR APPROXIMATELY 0.23 ACRES LOCATED AT 335 EAST 7TH STREET FROM NC, NEIGHBORHOOD CONSERVATION TO DG, DOWNTOWN GENERAL SUBJECT TO THE ATTACHED BILL OF ASSURANCE (LEFT ON FIRST READING) 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 NC, Neighborhood Conservation to DG, Downtown General subject to the attached Bill of Assurance. 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 912112016 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2016-0382 Legistar File ID 9/6/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/12/2016 Submitted Date Action Recommendation: City Planning / Development Services Department Division / Department RZN 16-5500: Rezone (335 E. 7TH ST./NIEDERMAN, 563): Submitted by ZARA NIEDERMAN for property at 335 E. 7TH ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.23 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. 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 # Original Contract Number: Approval Date: Comments: August 10, 2016 Zara Niederman 1530 Hotz Dr Fayetteville, AR 72701 Dear Ms. Smith I am writing to let you know of my interest in appealing to the City Council the recent Planning Commission vote on the rezoning of 335 E. 7ch St from NC to DG. The Commission did not give me the opportunity to see if I would consider changing my request at all, and if I would like to table the request. One commissioner who was supportive of the proposal made a motion in favor of supporting the request. The vote was tied 4-4 with one commissioner abstaining. I would like the opportunity to discuss this request in front of the City Council, without having to submit another application to rezone it to a different classification. Kind Regards, Zara Niederman Zara Niederman BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") /, - Q ,fA k )led e_0-c q hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to fej- SAW: q 1 6( 1 () 2 4 2. Other restrictions including number and type of structures upon the property are limited to E-k agkV A-D � 3. Specific activities will not be allowed upon petitioner's property include 4. (Any other terms or conditions) 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, FgrA , as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. lq-IL Date / rJ Hy4z— Addereess 7 Z 7q STATE OF ARKANSAS FMI COUNTY OF WASHINGTON t"N f P a e f KAc\ vl Printed Name And now on this the i day of 204 appeared before me, a Notary Public, and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. My Commission Expires: - & LIN, �`� DAVID BRIAN ROWDEN. Notary Public -Arkansas Washigton County My Commission Expires 03-03-2025 Commission # 12403425 CITY OF 17ayCITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF SEPTEMBER 6, 2016 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Planner DATE: August 12, 2016 SUBJECT: RZN 16-5500: Rezone (335 E. 7T" ST./NIEDERMAN, 563): Submitted by ZARA NIEDERMAN for property at 335 E. 7T" ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.23 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. RECOMMENDATION: Staff recommended denial of RZN 15-5500, finding that the requested zone allows land uses that would be inappropriate in this location. The request was denied at Planning Commission with a vote of 4-4-1. The applicant has appealed the decision to the City Council. BACKGROUND: The subject property is located at 335 E. 7th Street in the Walker Park Neighborhood and contains approximately 0.23 acres (10,018 Square Feet) within the NC zoning district. The property contains a 1,181 square foot single-family residence dating to 1921. Request: The applicant's request is to rezone the parcel from NC, Neighborhood Conservation to DG, Downtown General as shown in Exhibit `A' and Exhibit'B' to allow for mutli-family residential development. Public Comment: Staff has received no public comment, and none was presented to the Planning Commission. Land Use Compatibility: The proposed zoning is incompatible with the surrounding mixture of single and multi -family residential uses. The proposed zoning would allow a wide variety of commercial uses that could have negative impacts on the existing residential neighborhood, when proposed at this mid -block location surrounded entirely by residential use. Additionally the DG zoning would allow a 56-foot tall apartment building that would be incompatible in scale and mass with surrounding established residences. 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 in some respects 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, Mailing Address: 113 W. Mountain Street www.tayetteville-ar.gov Fayetteville, AR 72701 however staff finds that while commercial zoning districts are appropriate within residential areas in certain circumstances, particularly on corners and where commercial activity has been present historically, it is not compatible in this entirely residential mid -block location. DISCUSSION: On August 8, 2016, Planning Division staff recommended against a rezone, stating that the rezone would not be in line with the Walker Park Neighborhood Plan and would be incompatible to adjoining properties. The Planning Commission had differing opinions about the appropriateness of the request, with Commissioners arguing that infill development was a top priority, while others felt that the proposed zone was not consistent with the Walker Park Neighborhood Plan, a document that was developed with input from neighborhood residents. Commissioner Hoffman made a motion to recommend approval of the request; the motion was seconded by Commissioner Quinlan. The motion failed with a vote of 4-4-1 (Commissioners Cook, Autry, Hoskins, and Brown voted `no' and Commissioner Quinlan abstained.) BUDGET/STAFF IMPACT: N/A Attachments: • Appeal Letter • Exhibit A • Exhibit B • Application • Planning Commission Staff Report RZN 16-5500 Close Up View Legend ' Planning Area 1 _ ' Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint 16-5500 EXHIBIT 'A' NIEDERMAN Subject Property 7TH ST Feet 0 75 150 300 450 600 1 inch = 200 feet I►MI ti6,� RSF-8 TS GEC C"I RSF-8 RSF-18 RMF-12 RMF-18 Downtown General Neighborhood Conservation Commercial, Industrial, Residential 16-5500 EXHIBIT 'B' Legal Description Proposed Conversion from NC to DG 335 E 7tn St: Washington County Parcel ID: 765-04843-000 PT LOT 15 FURTHER DESCRIBED FROM DEED 2013-27512 AS: PART OF LOT NUMBERED FIFTEEN (15) IN EASTGATE ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS; BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT AND RUNNING NORTH 136 FEET, THENCE EAST 68.35 FEET, MORE OR LESS, THENCE SOUTH 136 FEET TO THE SOUTH LINE OF SAID LOT 15 THENCE WEST 67.56 FEET, MORE OR LESS TO THE POINT OF BEGINNING. FOR STAFF GSE OAT Y .Date Application Subwitted: Date Accepted as Complete: Case I11ppeal 4=urnber: Public Heaving Date: Fk-r- .5325. fill Sign .Pee: $5.00 S-7' R: ppff. 7one: Please fill out this for►n 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 isfurnished, Application: Indicate one contact person for this request: ;r Applicant Representative Applicant (person making request): Representative (engineer, surveyor, realtor, etc.): Address: ; <� '�L. .1 .. t Nape;: Address- E-mail: Phone: Phone: Fax: Fax: :site Address / Location: Curzent Zoning District: tt L- requested Zoning District: L) & Assessor's Pare el Limber{s) for subject property: 7 . S` 1,'1.N,4,VC1AL LVTI`RESTS I"hL foliowing entities and / or people have financial interest in this project: March 2014 Page I Electronically Signed using eSignOnlineTM[ Session ID : 3c9c6bb3-2fa3-4536-a95e-ae94504c828a APPLICAN77REPRESS NTATIVE. T 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 belivf, true and correct. I understand that submittal of incorrect or false information is grounds }or invalidation of application cornpletenass, deterniftiation. or approval. I understand that the City might not approve what I am applying for., or might set conditions on approval. Name Janted): Le ecU, r i—t ;I Date. PROPL--)?TYOff'jN'f,-R(-S)IAUTII()RIZ,ED A GrAIT, I/wecertify under pen a I ty of perjury ih at] a rnAveare the owner(s) of the property that is the subject of this application and that l/we have read this application and consent to its fifin-. (I f signed ky Me authorized ikWnt, a letter front each property &;vner must belwovided indicating that rite agent is authorized to act on hiAter behatf) Property Owners af; Record fanach additional info rnecesvaly): Name (printed), Ryan Russell Address: 1685 N. Broadview Dr Sit, F2VettPVIeI AER 79ZQ3 nature: !S4AY P-(/Sse// *I J Phone: Date: 6/27/2016 9:12 AM CDT ) (479) 466-6177 Name (printed): 7th 5t Trust, Zara Niederman Trustee.Address: 1530 Hotz Dr Sigpiatturc: a4,ra Veederm&n Fayetteville, ) Date: 6/27/2016 5:47 AM CDT Phone: 479-387-2123 Rezoning Checklist: Atlach theftilloiving items to this al,7pheation: (1) Payment in full of applicable fees for processing the application: $3 )25.00 application fee S5.00 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. 0) .5 CD containing a copy of the legal description in MS Word and all required submittal iterrisshoulid be also included on the CD in PDF'fonnat. (4) A copy of the county parcel map from the Washington County Assessor's office or from the Washinalon County website The subje ct 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. A,M)-ch ^1014, Page 2 Electronically Signed using eSignOnline TM[ Session ID : 3c9c6bb3-2fa3-4536-a95e-ae94504c828a ] CITY OF Tay4 PLANNING COMMISSION MEMO ARKANSAS TO: City of Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Current Planner MEETING DATE: t--�6_ UPDATED AUGUST 10, 2016 SUBJECT: RZN 16-5500: Rezone (335 E. 7TH ST.INIEDERMAN, 563): Submitted by ZARA NIEDERMAN for property at 335 E. 7TH ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.23 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. RECOMMENDATION: Staff recommends RZN 15--5500 be denied, finding that the requested zone allows land uses that would be inappropriate in this location. BACKGROUND: The subject property is located at 335 E. 71h Street in the Walker Park Neighborhood and contains approximately 023 acres (10,018 Square Feet) within the NC zoning district. The property contains a 1,181 square foot single-family residence dating to 1921_ Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site 1 Land Use zonin _ North Two -Family Residential RMF-12, Residential Multi -family South UndevelopediSingle-Family Residential NC, Neighborhood Conservation _ ._...._......... _ ....... East Single -Family Residential NC Neighborhood Conservation ...... ......... _ .._...._._.....,._ West i Single -Family Residential NC, Neighborhood Conservation Request: The request is to rezone the property from NC, Neighborhood Conservation to DG, Downtown General. The applicant has stated that the rezoning is needed so that the property can developed with multi -family housing. Public Comment: Staff has received no public comment. INFRASTRUCTURE: Streets: The subject parcel has access to East T1 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 the site. A 1.5" water main runs along the parcel frontage in 711 Street. Planning Commission Mailing Address: August 8, 2016 113 W. Mountain Street www.tayetteviIleA 9I0Item 8 Fayetteville, AR 72701 16-5500 Niederman Page 1 of 15 Sewer: Public sewer is available to the site. An 8" sewer main stubs out to the eastern portion of the property frontage in 711 Street. Drainage: Any additional improvements or requirements for drainage would be determined at time of development. No portions of this parcel lie within the FEMA designated 100-yr floodplain. No protected streams are present on this parcel. No portion of this parcel lies within the HHOD, nor contains areas of 15% or greater slope. 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 goat of the plan was to preserve single-family neighborhoods while encouraging additional housing types and a mix of uses. A digital copy of the adopted document has ,been provided separately. FINDINGS OF THE STAFF RECOMMENDATION: Staff recommends RZN 15-5500 be denied, finding that the proposed zoning allows development incompatible with the existing adjacent uses and inconsistent with the Future Land Use Plan. 'PLANNING COMMISSION ACTION: Required YES Date: August 8, 2015 0 Tabled © Forwarded Denied I Motion: HOFFMAN Second: SELBY Vote:4-4-1, WITH COMMISIONEF COOK, AUTRY, HOSKINS, CITY COUNCIL ACTION: Required YES AND BROWN VOTING 'NO', AND COMMISSIONER QUINLAN ABSTAINING. Date: September 6, 2016 177 Approved 0 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 incompatible with the surrounding mixture of single and multi -family residential uses. The proposed zoning would allow a wide variety of commercial uses that could have negative impacts on the existing residential neighborhood, when proposed at this mid -block location surrounded entirely by residential use. Additionally the DG zoning would allow a 56-foot tall apartment building that would be incompatible in scale and mass with surrounding established residences. 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 Planning Commission G:1ETODevelopment Services Reviewi201&Development Review116-5500 RZN 335 E. 7th St. (Niederman) 563103 Planning August 8, 2016 Commissioni08-08-20161Comments and Redlines Agenda Item 8 16-5500 Niederman Page 2 of 15 while encouraging additional housing types and a mix of uses. The proposed rezoning is consistent in some respects 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, however staff finds that white commercial zoning districts are appropriate within residential areas in certain circumstances, particularly on corners and where commercial activity has been present historically, it is not compatible in this entirely residential mid -block location. 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 not justified at this time, as the proposed zoning will allow potentially incompatible infill development and land use in an area with a typically residential character. 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 variety residential uses, as well as commercial use which may increase slightly, but the size of the lot does not allow for development that is likely to 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 NC to DG would not undesirably affect density or load on public services. 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 ■ Request Letter Planning Commission August 8, 2016 G:ETC\Development Services Review\20161Deveiopment Review\16-5500 RZN 335 E. 7th St. (Niederman) 563\03 Planning Agenda Item 8 Commission\08-08-20161Comments and Redlines 16-5500 Niederman Page 3 of 15 • One Mile Map, Close -Up Map, Current LandUseMap, Future Land Use Map Under separate cover: ■ Walker Park Master Plan Vision Document ■ Walker Park Master Plan illustrative Plan Planning Commission August 8, 2016 G:tETC!Development Services Reviewi2016tDevelopment Review116-5500 RZN 335 E. 7th St. (Niederman) 563103 Planning Agenda Item 8 Commissiont08-08-20161Comments and Redlines 16-5500 Niederman Page 4 of 15 Fayetteville. AR Code of Ordinances Page 1 of 6 161.26 - Downtown General (A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street/Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. (B) Uses. (1) Permitted Uses. i Unit 1 City-wide uses by right Unit 4 I Cultural and recreational facilities � E Unit 5 I i Government facilities I Unit 8 Single-family dwellings Unit 9 3 s Two-family dwellings I Unit 10 Three-family dwellings Unit 13 Eating places Unit 15 i Neighborhood shopping goods Unit 24 Home occupations Unit 25 Offices, studios, and related services I Unit 26 Multi -family dwellings I Unit 44 Cottage Housing Development abolit:blank Planning Commission August 8, 2016 Agenda Item 8 8i_3/NAN (00 Niederman Page 5 of 15 Fayetteville AR Code of Ordinances Unit 45 Small scale production 3 Page 2 of 6 Note. Any combination of above uses is permitted upon any tot 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 Unit 16 Unit 17 Unit 19 Unit 28 Unit 36 Unit 40 Hotel, motel and amusement services Shopping goods Transportation trades and services Commercial recreation, small sites Center for collecting recyclable materials Wireless communication facilities Sidewalk Cafes (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum, aboLtublank Planning Commission August 8, 2016 Agenda Item 8 8t`3;24)j�90 Niederman Page 6 of 15 Fayetteville, AR Code of Ordinances Page 3 of 6 Dwelling (all unit types) (2) Lot Area Minimum. None. (E) Setback Regulations Front Side Rear Rear, from center line of an alley 18 feet A build -to zone that is located between the front property line and a line 25 feet from the front property line. None 5 feet 12 feet (F) Minimum Buildable Street Frontage. 50% of lot width. (G) .Building Height Regulations. Building Height Maximum 56 feet (Ord. No. 5028, 6-19-07; Ord, No. 5029, 6-19-07; Ord. No. 5312, 4-20-10; Ord, No. 5462, 12-6-11; Ord, No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord, No. 5800,_§ 1(Exh. A). 10-6-15 abOLWblank Planning Commission August 8, 2016 Agenda Item 8 813 `1� )d� (00 Niederman Page 7 of 15 . Favettev 161.27 - Neighborhood Conservation Unit City-wide uses b»right Unit 8 Single-family dwellings UOit41 Accessory dwellings 0 Conditional Uses. Unit 2 City-wide uses h«conditional use permit Unit 3 Public protection and utility facilities Unit Cultural and recreational facilities Unit 9 Two (2)fannilV dVVe I|ingS Unit 10 Three (3) family dwellings i]nit13 Limited business* []nit 24 Home occupations ubusd:blauk. Planning Commission August o.ou1s Agenda Item o 8/1/D0qq90w/ouoonan Page ov*10 Fayetteville, AR Code of Ordinances 11age 5 of 6 Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials k Unit 36 E �' Wireless communication facilities Unit 44 Cottage Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations (1) Lot Width Minimum. Single Family t 40 feet l Two Family 80 feet Three Family 90 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations Front Side about:b ank A build -to zone that is located between the front property line and a line 25 feet from the front property line. 5 feet Planning Commission August 8, 2016 Agenda Item 8 8 j; T_Qj!(90 Niederman Page 9 of 15 Fayetteville. AR Code of Ordinances Pa-e 6 of 6 Rear 15 feet Rear, from center line of an alley 112 feet (E) Building HeightRegulations Building Height Maximum 145 feet Ord, No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, § 1(Exh. A), 10-6-15) aboLiublank Planning Commission August 8, 2016 Agenda Item 8 Niederman Page 10 of 15 RZN 16-5500 NIEDERMAN 0,125 0.25 E Legend - •__ t r 1 Planning Area r r# Fayetteville City Limits t.._� • • • • • Shared Use Paved Trail oil— Trail (Proposed) ,. a -------- Planning Area - Building Footprint Fayetteville City Limits 0.5 Miles ` _q RSF-8 ;nnina EXTRACT30N R ESIDENTIAL SINGLE FAMILY MI1' ERCIAL COMMERCIAL FORM BASED DISTRICTS RESIDENTIAL NOLTI.FAM L a. x..n•. a a e. era•. C:F:aa':anf.: PLANNE D LONING DISTRICTS a ,NDUSTRIAL INSTITUTIONAL. Planning Corrtnission Auaustl8, 2016 Agenda Item 8 16-5500 Niederman Page 12 of 15 REZONING APPLICATION — Additional Items a) Current Ownership is Homestead Inc. It is currently under contract to be sold to 711 St Trust b) The proposed zoning would allow for "Missing Middle" type housing as opposed to a single family home in a location that is considered a neighborhood hub of the Walker Park Master Plan. Neighborhood Conservation requires 90' of frontage for a 3 or more units. This is true of Neighborhood Services and any of the Residential Multi -Family zoning districts. c) The surrounding zoning is primarily NC which is primarily a single family residential district. However, the two properties on the East and West are both multi -family and the lots across the street are also multi -family. Much of the surrounding area just North, East and West is zoned Downtown General. The traffic should not be heavily impacted as 7"' St is not a heavily used street, and the number of cars added should be minimal. In terms of appearance and signage, Downtown General is a Form Based code, like Neighborhood Conservation, and will have minimal front setbacks with parking in the rear of the property. d) Currently there is 8" Sewer on the East side of the property and 6" Sewer on the West side. There is a 16" CIP Waterline across the property. e) The Future Land Use Map shows that this is part of the Walker Park Master Plan neighborhood. The proposed zoning is consistent with the City Plan 2030 and allows for appropriate infill and revitalization and advances Fayetteville's goal to grow a livable transportation network. f) The proposed rezoning is needed to allow for a transit -ready neighborhood in the Walker Park neighborhood. It is justified by the proximity to a major transportation corridor (MLK), Walker Park and the not -yet restored status of Jefferson Elementary as a neighborhood center. As appropriate infill development is one of the City of Fayetteville s stated goals, this rezoning helps allow appropriate infill. g) The proposed zoning will not appreciably increase traffic danger or congestion. h) The proposed zoning will increase density minimally, but should not appreciably change the load on public services. A moderate increase in density increases the operating and/or maintenance efficiencies of public service. i) Currently it is zoned as NC which only allows single family homes by right. All of the surrounding properties are multi -family. A two-family home would require 80 feet of frontage, and a 3-family home would require 90 feet. This property has approximately 68 feet of frontage. Planning Commission August 8, 2016 Agenda Item 8 16-5500 Niederman Page 11 of 15 on 16 myenaa nern a 16-5500 Niederman Page 13 of 15 RZN 16-5500 NIEDERMAN Current Land Use Single Family Single'& Multi Family Subject Property Single Family Legend Strew Streets Existing MSP Class COLLECTOR Feet I - Paved 7rai[ 61. i i Ir3ii ;=r000sed) 0 75 150 300 450 600 RZFai 6-55r� � �� � s7lgnnirq xrey 1 _�� � F8y2tt�eil9g �ytp 4,3R7�t5 Planning Co mission 8, 2016 Agenda Item 8 16-5500 Niederman Page 14 of 15 RZN 16-5500 Close Up View w a 0 Legend t E Planning Area i� r� Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint NIEDERMAN Subject Property 7TH ST RSF-18 Feet 0 75 150 300 450 1 inch = 200 feet NORTH RSF-8 �s L�l 'QO FAIRLANE ST RSF-8 RSF-18 RMF-12 RMF-18 Downtown General 6()Q M Neighborhood Conservation Commercial: Industrial. Residential Planning Cor mission 8, 2016 Agenda Item 8 16-5500 Niederman Page 15 of 15 NORTHWEST ARKANSAS Democrat 1 a et e 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. 5902 Was inserted in the Regular Edition on: September 29, 2016 Publication Charges $ 70.20 (J� Gt"2 Cathy. Wiles Subscribed and sworn to before me This day of &A., 2016. - SIX"Ma I ary Public My Commission Expires: l OP .... 41 A � NOTARY %,�P PUBLIC _ RECEIVED r �=_ ,##12401379� : a **NOTE** , t.fA i � •. e�.1012?.' '� � Please do not pay from AN oo�� •`� `>>, r t t o t t t �`x Invoice will be sent. Cqy Ur t-H KS gFFICE c►rr CL. Ordinance: 5902 File Number: 2016-0382 RZN I6-5500 (335 E. 7TH ST./NIEDERMAN) APPEAL: AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5500 FOR APPROXIMATELY 0.23 ACRES LOCATED AT 335 EAST 7TH STREET FROM NC, NEIGHBORHOOD CONSERVATION TO DG, DOWNTOWN GENERAL SUBJECT TO THE ATTACHED BILL OF ASSURANCE. 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 NC, Neighborhood Conservation to DG, Downtown General subject to the attached Bill of Assurance. 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 9/20/2016 Lioneld Jordan, Mayor Sondra E. Smith, City Clerk 73867199 Sept. 30,2016