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HomeMy WebLinkAboutORDINANCE 5911113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5911 File Number: 2016-0434 RZN 16-5560 (103 N PLAINVIEW AVE./MCMAHON): Doc ID: 017123010003 Type: REL Kind: ORDINANCE Recorded: 10/24/2016 at 08:51:01 AM Fee Amt: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File2016-00031295 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5560 FOR APPROXIMATELY 3.34 ACRES LOCATED AT 103 NORTH PLAINVIEW AVENUE FROM R-O, RESIDENTIAL OFFICE TO RT-12, RESIDENTIAL TWO AND THREE FAMILY. 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 R-O, Residential Office to RT-12, Residential Two and Three Family. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 10/4/2016 ��; G\T Y OF �G'/� ti ' FAYETTEVILLE•�= Attest: ~ r TON La" Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 1015116 RZN 16-5560 EXHIBIT'B' PARCEL #765-15758-000: A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:. BEGINNING AT AN EXISTING ALUMINUM STATE MONUMENT MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N02002'21 "E 290.08' TO AN EXISTING REBAR, THENCE S87°09'23"E 501.63' TO AN EXISTING PK NAIL, THENCE S02°03'55"W 290.05' TO AN EXISTING REBAR, THENCE N87009'35"W 501.50' TO THE POINT OF BEGINNING, CONTAINING 3.34 ACRES, MORE OR LESS. SUBJECT TO THE RIGHT-OF-WAY OF PLAINVIEW AVENUE ON THE EAST SIDE OF HEREIN DESCRIBED TRACT AND SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD. Washington County, AR I certify this instrument was filed on 10/24/2016 08:51:01 AM and recorded in Real Estate File Numbe 0-16-00031295 Kyle Syly ster- Cir it lerk by - City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 I n � �• r S Text File L.yL File Number: 2016-0434 Agenda Date: 10/4/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 5 RZN 16-5560 (103 N PLAINVIEW AVE./MCMAHON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5560 FOR APPROXIMATELY 3.34 ACRES LOCATED AT 103 NORTH PLAINVIEW AVENUE FROM R-O, RESIDENTIAL OFFICE TO RT-12, RESIDENTIAL TWO AND THREE FAMILY 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 R-O, Residential Office to RT-12, Residential Two and Three Family. 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 101512016 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2016-0434 Legistar File ID 10/4/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/16/2016 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: RZN 16-5560: Rezone (103 N. PLAINVIEW AVE./MCMAHON, 213): Submitted by BATES & ASSOCIATES, INC. for property at 103 N. PLAINVIEW AVE. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 3.34 acres. The request is to rezone the property to RT-12, RESIDENTIAL TWO & THREE FAMILY. 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 i Fay%i i S4 CITY COUNCIL AGENDA MEMO ARKANAS MEETING OF OCTOBER 4, 2016 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, Planning Director FROM: Quin Thompson, Planning DATE: September 16, 2016 SUBJECT: RZN 16-5560: Rezone (103 N. PLAINVIEW AVE./MCMAHON, 213): Submitted by BATES & ASSOCIATES, INC. for property at 103 N. PLAINVIEW AVE. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 3.34 acres. The request is to rezone the property to RT-12, RESIDENTIAL TWO & THREE FAMILY. RECOMMENDATION: The City Planning staff and Planning Commission recommend approval of an ordinance to rezone the subject property to RT-12, Residential Two and Three-family, as requested by the applicant and as shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located at 103 N. Plainview Avenue and contains approximately 3.34 acres within the R-O zoning district. The property contains a concrete footing and slab from a demolished single-family residence. An unnamed, protected stream traverses the site from southeast to northwest and floodplain covers a large portion of the site. In September 2014, the property was rezoned from RSF-4 to R-O, Residential Office by Ordinance 5711 at the request of the applicant. Request: The request is to rezone the property from R-O, Residential Office to RT-12, Residential Two and Three-family. The applicant has stated that the rezoning is needed so that the property can be developed with duplex units. Land Use Compatibility: The proposed zoning is compatible with the surrounding properties, which include large areas of undeveloped property and a sole single-family residence to the north. Land Use Plan Analysis: The City Plan 2030 Future Land Use Map (FLUM) designates this area as City Neighborhood. This designation supports a variety of housing types, including the one, two, and three family unit types that would be allowed by the proposed zoning. DISCUSSION: On September 12, 2016 the Planning Commission forwarded the applicant's request for a rezoning to RT-12, Residential Two and Three-family. A motion to forward the proposal to the City Council with a recommendation for approval was passed with a vote of 8-0-0. Mailing Address: 113 W. mountain Street www.tayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A • Exhibit B ■ Application ■ Planning Commission Staff Report RZN 16-5560 RZN 16-5560 CXI IIBIT 'A' Close Up View R-O MALINDA DR MARGARETPL Legend Planning Area ' Fayetteville City Limits Y Y Trail (Proposed) Building Footprint { N IQ F=I:ISM R-A W Feet 0 75 150 300 450 600 1 inch = 200 feet 11 ■ LONGIIIEw ST RSP4 Residential -Agricultural RSF-4 RT-12 Residential Two and Three-family RMF-24 Residential -Office c2 RZN 16-5560 I XHIBIT'B' PARCEL #765-15758-000: A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT AN EXISTING ALUMINUM STATE MONUMENT MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N02002'21 "E 290.08' TO AN EXISTING REBAR, THENCE S87°09'23"E 501.63' TO AN EXISTING PK NAIL, THENCE S02°03'55"W 290.05' TO AN EXISTING REBAR, THENCE N87009'35"W 501.50' TO THE POINT OF BEGINNING, CONTAINING 3.34 ACRES, MORE OR LESS. SUBJECT TO THE RIGHT-OF-WAY OF PLAINVIEW AVENUE ON THE EAST SIDE OF HEREIN DESCRIBED TRACT AND SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD. CITY OF FAYETTEVILLE, ARKANSAS REZONING WR STAFF USE ONLY FEE. $325.00 Dale Application Submitted, Sign Fee: 55.00 DaleAccepled as Complete: S-T-R ease `Appeal Number, PP#: Public Hearing Date Zone, Please fill out this form r-nmpletely, supplying all necessary information and documentation to support your request Y,q,wr application will not be placed on the Planning Commission agenda until this information is furnished. ARplication: Indicate one contact person for this request: Applicant (person making request): Name: SAME AS REPRESENTATIVE Address: E-mail.- Phone. Fax: Site Address .; Location: 103 PLAINVIEW AVE, Applicant V Representative Representative (engineer, surveyor, realtor, etc.). Name, BATES &ASSOCIATES. INC. Address: 7230 S. PLEASANT RIDGE DR. FAYETTEVILLE, AR 72704 E-mail: Phone, JUSTINrf BATESNWA.COM 479-442-9350 Fax; Current Zoning District: R-0 Requested Zoning District: RT-12 Assessor's Parcel Number(s) for subject property: 765-15758.000 MANUAL INTERESTS The following entities and .,or people have financial interest in this project GOLDEN OAKS TRUST (TIM & JENNIFER MCMAHON March 2014 Page 1 APP1,IC;4AT1REPRESBVTATfVW. I a .rtify tuader penalty ofpedury that the foregoing statements and answers herein made all data, infaratation, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct, 1 urdemmnd that submittal of incoacct or false information is grounds for invalidation of application complLtencss, determination, or approval- i ur dersiamd that thc; City might not approve what I am applying for, or might set conditions on approval. Mgme (printed): JUS l IN REID Da?te°..._...fit r2[ttS_ PR PE,k7'Y ;YNE'R(S)1AUT'NQRW.D AGENT_ Vwe certify under penaity of per Ury that I am/we are the gwnor(s) of the property that is the subject of'Us application and that I ova. have read this application and count to its filing. (If signed by fire augh rrited agent, a fetter° from each property owner must be provided indicating that the agent is autksr3Zed to act on rikSer ehay:) Properly Owners of Record (aaach additfanal info if a.-ces.9ar;,). Name rintcd wl14W r �a ! Do Address WC• C Q �C i store: Date: ` 4 Phone: 9qi--3o ? Name (Printed -- 0�6tilt Address: o� �vr 15. 6 O- P't c Si nature: �� Date; (99 01 14 Ph ne: ( 97) 1,3�3 RezoningChecklist: AIt eh theJbIlowing iteins to this application: (1 } 'Payment in ffill of applicable lees for processing the application: 25. application fee $5MO public notiiicatioll Simi fee G._) A legal desciiption 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 t other deeds, (3) CD containing a copy of the legal description in Word and all required submittal items should be also included on the CD in PDF format. (4) A copy of the county parcel trap from the Washington County Assessor's office or from the Washington County websitc wM-Arca.washingtan.a�r.�t�. The subject property and all adjacent parcels should be identified on this parcel map. The owner's naive, official Mailing address, and the parcel number for every adjacentproperty shall be shown on this map. Afurch 2014 Pugh 2 CITY OF F 'o 1 le ay elio ffil ARKANSAS TO: THRU: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Quin Thompson; Current Planner MEETING DATE: ~Sptettlber- 7r7� 1 UPDATED SI::_.I'"t'l NTBE;R I4, 2016 SUBJECT: RZN 16-5560, Rezone (103 N. PLAINVIEW AVE./MCMAHON, 213): Submitted by BATES & ASSOCIATES, INC. for property at 103 N. PLAINVIEW AVE. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 3.34 acres. The request is to rezone the property to RT-12, RESIDENTIAL TWO & THREE FAMILY. RECOMMENDATION: Staff recommends RZN 15-5560 be forwarded to the City Council with a recommendation for approval. BACKGROUND: The subject property is located at 103 N Plainview Avenue and contains approximately 3.34 acres within the R-O zoning district. The property contains a concrete footing and slab from a demolished single-family residence. An unnamed, protected stream traverses the site from southeast to northwest and floodplain covers a large portion of the site. In September 2014, the property was rezoned from RSF-4 to R-O, Residential Office by Ordinance 5711, at the request of the applicant in order to build a Cottage Housing development. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction From Site I Lana Use TZoning__ fVarth _sin tLle•Fantily Residential_ RT-12, Residential two and three family South Parking lot: Fiesta Square I R-A, Residential Agricultural East Undeveloped RSFA, Residential :jingle -family West Undeveiaped y J R-O, Residential Office Request: The request is to rezone the property from R O, Residential Office to RT-12, Residential Two and Three-family. The applicant has stated that the rezoning is needed so that the property can developed with duplex units. Poblic Comrnel7t: Staff has received no public comment. INFRASTRUCTURE. mission Mailing Address: September 12, 2016 113 W. mountc,in Street wway.fw1yctt(* lc .AY.0ptra Item 15 f-ayptteville, AR 72707 16-5560 McMahon Page 1 of 15 Streets: The subject parcel has access to Plainview Avenue, a dead-end, unimproved, narrow asphalt street. On and off street improvements may be required in these areas and would be determined at the time of development proposal. Water: Public water is available to the site. There is an existing 6" water main in the Plainview Avenue right-of-way. Sewer: Sanitary Sewer is available to the site- There is an existing 6" sewer main in the Plainview Avenue right-of-way and a 12" sewer main bisecting the site in an existing utility easement. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. A portion of this property is identified as FEMA regulated floodplains Zone A. Floodplain Development permits would be required at time of development. An unnamed protected stream runs east -west through this property. No portions of this parcel lies within 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 City Neighborhood Area, These areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types. Non-residential uses range in size, variety and intensity from grocery stores and offices to churches, and are typically located at corners and along connecting corridors. FINDINGS OF THE STAFF RECOMMENDATION: Staff recommends forwarding RZN 16-5560 to the City Council with a recommendation for approval; finding that the proposed zoning allows development compatible with the existing adjacent uses and consistent with City Plan 2030 goals. PLANNING COMMISSION ACTION: Required YES Date: September 12, 2016 C? Tabled )Cl Forwarded 0 Denied Motion: QUINT. AN Second: SELBY Vote: 8-0-0 CITY COUNCIL ACTION: Required YES Date: October 4, 2016 C1 Approved C1 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- G %ETC1Development Services ReviewQQ160evelopnient Review'.16-5560 RZN 103 N Plainview Ave (McMahon) 213',03 Planning Commtssioii%09-12-2016�SUbr7Yi[tal Documents Planning Commission September 12, 2016 Agenda Item 15 16-5560 McMahon Page 2 of 15 Finding: .Land Use Compatibility: The proposed zoning is compatible with the surrounding properties, which include large areas of undeveloped property and a sole single-family residence to the north. Land Use Plan Analysis: The City Plan 2030 Future Land Use Map (FLUM) designates this area as City Neighborhood. This designation supports a variety of housing types, including the one, two, and three family unit types that would be allowed by the proposed zoning. 2 A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed rezoning is justified at this time, as the proposed zoning will allow infill development, a primary goal of City Plan 2030, that will be compatible with nearby residential development. 3 A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has access to Plainview, a narrow unimproved local street. The rezoning will not necessarily increase vehicle traffic, danger, or congestion over that allowed by the R-O zone. The proposed zone does not allow as much intensity of use as the existing R-O zone. Plainview will be reviewed for street improvements at the time of development. 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 R-O to RT-12 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: 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 BUDGETISTAFF IMPACT: None Attachments: ■ Unified Development Code sections 161.11 & 161.18 G 1ETC1Development Services Review120160evelopment ReviewWU6.5560 RZN 103 N. Piainvie+'v Ave (McNlahon) 213103 Planning Commissioni09-12-20161SL�bmittai Docaimenls Planning Commission September 12, 2016 Agenda Item 15 16-5560 McMahon Page 3 of 15 • Request Letter • Rezone Exhibit • One Mile Map, Close -Up Map, Current Land Use Map, Future Land Use Map G1ETC1Development Services Review120160evelopment Review116.5560 RZN 103 N. Plainview Ave. (McMahon) 213103 Planning Commissionk08-12-20161Submittal Documents Planning Commission September 12, 2016 Agenda Item 15 16-5560 McMahon Page 4 of 15 161,11 - District RTA2, Residential Two (2) And Three (3) Family (A) Purpose, The RT-12 Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a development potential between low density and medium density with less impact than medium density development, to encourage the development of areas with existing public facilities and to encourage the development of a greater variety of housing values. (8) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit g Two (2) family dwellings Unit 10 Three (3) family dwellings Unit 44 , Cottage Housing Development (2) Conditional Uses Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre 12 (D) Bulk and Area Regulations Single- Two (2) Three (3) family family family Lot width 50 feet 50 feet 90 feel minin'ium ,000 5, Lot area 7260 squa�'e 10,890 square minimum feet feet square feet. (E) Setback Requirements. Side Side Single & Rear Rear Front Other Two (2) Other Single Uses family Uses Family A build -to zone that is located between the front 8 feet 5 feet 20 feet 5 feet property line and a line 25 Planning Commission September 12, 2016 Agenda Item 15 16-5560 McMahon Page 5 of 15 feet from the front properly line. (F) Building Height Regulations. Building height maximum 30145 feet FA building or a portion of a building that is located between 0 and 10 feet from the front properly line or any master street plats 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 feel. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A , Art. 5(11A); Ord, No. 3128, 10-1-85; Code 1991, §160.032; Ord No 4100, §2 (Ex. A), 6-16-98; Ord, No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord, No. 5262, 8-4-09; Ord, No, 5312, 4-20- 10; Ord, No. 5462, 12-6-11; Ord. No. 5592, 06-18-13: Ord. No. 5664, 2-18-14; Ord. No. 5800, § 1(Exh. A), 10-6-15) Planning Commission September 12, 2016 Agenda Item 15 16-5560 McMahon Page 6 of 15 161.18 - District R-0, Residential Office (A) Purpose. The Residential -Office District is designed primarily to provide area for offices without limitation to the nature or size of the office, together with community facilities, restaurants and compatible residential uses. (B) Uses. (1) Permitted uses_ Unit 1 City-wide uses by right Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 12 Limited business Unit 25 Offices, studios, and related services Unit 44 Cottage Housing Development (2) Conditional Uses, Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities - -, -- Unit 11 i— Manufactured hams park Unit 13 . Eating places Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 26 Multi-faRmly dwellings Unit 36 Wireless comar` 1mications facilities' Unit42 Clean technologies Unit 45 Small scale production (C) Density. Units per acre 24 or less (D) Bulk and Area Regulations. (Per dwelling unit for residential structures) (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a manufactured home park 50 feet Single-family 60 feet Two (2) family 60 feet Three (3) or more 90 feet (2) Lot Area Minimum. Planning Commission September 12, 2016 Agenda Item 15 16-5560 McMahon Page 7 of 15 F k Manufactured home park 3 acres Lot within a manufactured home 4,200 square park feet Townhouses; Development 10,000 square feet Individual lot 2.500 square feet Single-family 6,000 square feet Two (2) family 6,500 square feet Three (3) or more 8,000 square feet Fraternity or Sorority 1 acre (3) Land Area Per Dwelling Unit. Manufactured home 3,000 square feet Townhouses & apartments: No bedroom 1,000 square feel One bedroom 1,000 square feel Fwo (2) or more 1,200 square feet bedrooms Fraternity or Sorority 500 square feet per resident (E) Setback Regulalions, Front 15 feet Front, if parking is allowed between the right- 50 of -way and the building feet Front, in the Hillside Overlay District 15 feet Side 10 feet Side, when cpntigu©us to a residential district 15 lee[ Side, in the Hillside Overlay District 8 feet Bear, without easement or alley 25 feet Rear, from center line of public alley 10 feet Rear, in the Hillside Overlay District 15 feet Planning Commission September 12, 2016 Agenda Item 15 16-5560 McMahon Page 8 of 15 (F) Building Height Regulations. Building Height Maximum 60 feet Haight Regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary line of an adjacent single family district an additional distance of 1 foot for each foot of height in excess of 20 feet, (G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. (Code No. 1965, App. A., Art. 5(x); Ord. No. 2414, 2-7-78; Ord, No. 2603, 2-19-80; Ord. No. 2621, 4--1-80; Ord_ No. 1747, 6-29-70; Code 1991, §160,041; Ord. No, 4100, §2 (Ex. A), 6-16-98; Ord, No, 4178, 8-31-99; Ord. No. 4726, 7- 19-05; Ord, No. 4943, 11-07-06; Ord. No. 5079, 11-20-07; Ord. No, 5195, 11-6-08; Ord, No 5224, 3-3-09; Ord, No. 5312, 4-20-10; Ord, No. 5462, 12-6-11; Ord. No. 5735 1-20-15; Ord. No, 5800, § 1(Exh. A), 10-6-15) Planning Commission September 12, 2016 Agenda Item 15 16-5560 McMahon Page 9 of 15 Associates, I nc. Civil Engineering • Land Surveying • Landscape Architecture 7230 S. Pleasant Ridge Dr. / Fayetteville, AR 72704 PH: 479-442-9350 " FAX: 479-521-9350 www.batesnwa coin REZONING REQUEST TIM & JENNIFER MCMAHON (OWNERS): GOLDEN OAKS TRUST 2355 E GOLDEN OAKS DRIVE FAYETTEVILLE, AR 72703 (MAILING ADDRESS) This rezoning request is being made by the owners of parcel #765-15758-000, located at 103 Plainview Avenue. The request is to rezone the above property from R-O to RT-12 to accommodate a future tract split with future development of two-family townhomes on the lots. In the current zoning, R-O, two-family townhomes are a permitted use, but the setbacks and minimum lot frontages are too restrictive to develop the style and size of townhomes that are desired. Rezoning this property to RT-12 would avoid the need for any variances or conditional uses. Rezoning this parcel will not have an adverse effect on the surrounding uses. Like RT- 12, the surrounding zonings are intended to support denser neighborhoods and multifamily developments. Plainview Avenue is a dead end street, so traffic would be limited to residents that live on this property. Rezoning and developing this property would improve the area as a whole. No signs are being proposed. Water and sewer are available on site and to the east and south of this parcel. A 6" PVC water main is located in the west right-of-way of Plainview Avenue on the east side of the parcel. A 6" sewer main is located in the right-of-way on the east side, and flows into a 12" sewer main on the south side of the property. The size and location of these facilities would accommodate any future development. The zoning change is consistent with the surrounding zoning and uses. Much of the area is currently zoned for a denser degree of housing and urban commercial uses The proposed zoning would provide the opportunity for denser population growth in an area that is close to healthcare facilities, shopping areas, and close access to the Fulbright Expressway. We feel that this rezoning request is justified because it would allow the opportunity to develop denser, multi -family population growth in an area where it is encouraged, but not yet readily available. Respectfully, Justin Reid Project Manager Planning Commission September 12, 2016 Agenda Item 15 16-5560 McMahon Page 10 of 15 Planning Q'mm{ssion September 12, 2016 Agenda Item 15 16-5560 McMahon Page 11 of 15 RZN 1 6-5560 C A H 0 N A&L One Mile dView NORTH = 0 0.125 025 0.5 Miles 56".t7N�cs _ -, •- • • f 1'l. f2SF-1 gyp. Subject Property R-0 l F R-a .rd r iL;V+� y %1 i 7.: EXTRACTION Legend - '- RFE1VFN IAL SINGLE�FAMILY =f- .'.ra»a.apc.m>i CDMMERCiAL Planning Area u z • as'+ IIMCa +-Y Y . °+�' FGgM BASED DISTRICTS - -� Fayetteville City Limits �vP .""••, Shared Use Paved Trail RMUENVALMUL114AMILY 4114— e a a Trail (Proposed) Design Overlay District - ---•- .M-r. pAkNEtl2DMNGMMICTB L.... ; Planning Area wn� �«, ,, t,.,.,.. BuildingFootprint wousra�iA} iNs>pTD"Al' p � Fayetteville City Limits ___� .,�;,;,,;,a,� ;," Planning Co mission 2, 2016 Agenda Item 15 16-5560 McMahon Page 12 of 15 RZN 16-5560 Close Up View LON4,5,J O SA R-I RNIF-2a h'1ALINDA DR MARGARETPL M MAIHON R-A I(CAIOAV CT C.2 Legend Planning Area Feet Fayettevilte City Limits 0 75 150 300 450 600 Trail (Proposed) Building Footprint 1 inch = 200 feet NORTH LONGVIEW ST RSIF-a Residennat-Agnckrliural R5r-4 RT•12 Resrdeniiai Two and TNee•farmly RMF-2A Reslde,wd]-G3fice C-2 Planning Co fission Seiptember 12, 2016 Agenda Item 15 16-5560 McMahon Page 13 of 15 RZN 16-5560 M C Mir H O M 19 Current Land Use FORTH All LOlAG low 1 i p 3 Single Family „`" +`.ke 1' Ad Subject Property Y b �y �. '� ,1���► � �' 1. '9� CBriiat i A # Single Family 4, x LA V k # ..1.7RCAREi aL Fiesta Square Legend Straets Planned M$P Class 33 Str.m Exisling Feet BMSP class 1. o �.s 0 75 150 300 450 600 t_ , :.<"- • ..': -. Planning Con mission ,DternLer 12, 2016 Agenda Item 15 16-5560 McMahon Page 14 of 15 RZN 1 6-5560 Future Land Use " i 4 k ,, L . aK + 1 r r r MALINOA OR NIARGARET PL Li TAIT, "_r Or KENRAY ST ul Subiect Prooerty w Legend FUTURE LANCE USE 2030 Punning Area Fee Res€dential Neighborhood Area �l:y ���ghnorf,oad area Fayetteville City Limits � 0 75 150 300 450 600 urban CIflter Area Trail (Proposed) Building Footprint 1 inch = 200 feet Planning Co mission _ September 2, 2016 Agenda Item 15 16-5560 McMahon Page 15 of 15 NoRTHWESTARKANsAs "W"%, 7otgazette Vemoc-12-AL, '0, DOI 07. ti. .. 5,1 R; 1 02 j f'3 4C 70` , AX,: 9-6:95-111I;�U` ',,,% NW,-,,DG, C ONi AFFIDAVIT OF PUBLICATION I Karen Caler, 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. 5911 Was inserted in the Regular Edition on: October 13, 2016 Publication Charges $ 67.60 4</� 4 , , \10 0-P, Kare Caler Subscribed and sworn to before me This Z!5`day of CU-�-, 2016. &U, wi, Notary Public My Commission Expires:/ CATHY WILES Arkansas - Benton County '. Notary Public - Cor7m# 12397113 My Commission Expires Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 5911 File Number: 2016-0434 RZN 16-5560 (103 N PLAINVIEW AVE./MCMAHON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5560 FOR APPROXIMATELY 3.34 ACRES LOCATED AT 103 NORTH PLAINVIEW AVENUE FROM R-O, RESIDENTIAL OFFICE TO RT-12, RESIDENTIAL TWO AND THREE FAMILY. 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 R-O, Residential Office to RT-12, Residential Two and Three Family. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 10/4/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73886777 Oct. 13, 2016 RECEIVED OCT 2 2016 CITY CLERKS OFFICE