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HomeMy WebLinkAboutORDINANCE 5918113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5918 File Number: 2016-0463 RZN 16-5573 (1030 N. COLLEGE AVE./LAZENBY): 1 �11l11� ���111 ��i 11111111�� 1111�,��1,�11�«11,��11111�� 111�� 11�I� 11�Y111i11 ���f �11� Kin I0; 017186540003 T kind; 0R0IiVAWCE Ype: RED Recorded: 11/21/201f at 4g;-07:1� AM Fee Amt: $25 00 Page 1 of 3 Washington County AR Kyle Syl'j�vester Circuit Clerk FiletV/�16-003445 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5573 FOR APPROXIMATELY 0.73 ACRES LOCATED AT THE SOUTHWEST CORNER OF NORTH STREET AND COLLEGE AVENUE FROM R-O, RESIDENTIAL OFFICE TO UT, URBAN THOROUGHFARE. 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 UT, Urban Thoroughfare. 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 10/18/2016 m iRY% I T'� ri fi Attest: ,.��,�•• C1 i Y D,�'•;.•' �Q• .1n� ' FAY Fif EVfLd_L 00, ✓r • •���, Sondra E. Smith, City Clerk Tr�rg}' •,�y•O,�ti ��iti� ui'� �wti►�� Page 1 Printed on 10119116 RZN 16-5573 Close Up View PIKE ST ko AR,�gTF 1205 Legend L - ` Planning Area — Fayetteville City Limits Hillside -Hilltop Overlay District Trail (Proposed) LAZ E N BY 16-5573 - EXHIBIT 'A' Ili ■ P-1 w Q z 0 F N z } Z W is ¢ ¢ RSF-4 C-1 Subject Property R-O �i I'll BAXTERLN it I 11 Feet 0 75 150 300 450 600 1 inch = 200 feet CLEBURN ST RSF-4 Residential -Office C-1 C-2 Downtown General P-1 16-5573 EXHIBIT -B' LEGAL DESCRIPTION: Lot 1, 2, 3 and 4 in Block 13 of A.L. Trent's Revised Plat of City Park Addition to the City of Fayetteville, Arkansas, as per plat recorded in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. Less and except 4 feet of equal and uniform width off the east side of said Lot 3 and subject to Easement Deed to the Arkansas State Highway Commission, recorded in Book 855 at Page 618 and Easement set forth in order, dated August 21, 1973, recorded in Circuit Court Recorded Volume 50 at Page 302. Washington County, AR I certify this instrument was filed on 11 /21 /2016 09:47:19 AM and recorded in Real Estate File Number 2018- 4459 Kyle Sylvester - C4rcuit r by City of Fayetteville, Arkansas Text File - - File Number: 2016-0463 Agenda Date: 10/18/2016 Version: 1 In Control: City Council Meeting Agenda Number: C. 3 RZN 16-5573 (1030 N. COLLEGE AVE./LAZENBY): 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed File Type: Ordinance AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5573 FOR APPROXIMATELY 0.73 ACRES LOCATED AT THE SOUTHWEST CORNER OF NORTH STREET AND COLLEGE AVENUE FROM R-O, RESIDENTIAL OFFICE TO UT, URBAN THOROUGHFARE 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 UT, Urban Thoroughfare. 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 10/1912016 City of Fayetteville Staff Review Form 2016-0463 Legistar File ID 10/18/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item City Planning / Jeremy Pate 9/30/2016 Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: RZN 16-5573: Rezone (1030 N. COLLEGE AVE./LAZENBY, 445/446): Submitted by JORGENSEN & ASSOCIATES, INC. for properties at 1031 N. COLLEGE AVE. The properties are zoned R-O, RESIDENTIAL OFFICE and contain approximately 0.72 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE. 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: CITY OF Tay Ile CITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF OCTOBER 18, 2016 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, City Planning Director FROM: Harry Davis, Planner MEETING DATE: September 30, 2016 SUBJECT: RZN 16-5573: Rezone (1031 N. COLLEGE AVE./LAZENBY, 445-446): Submitted by JORGENSEN & ASSOCIATES for property at the SW CORNER OF NORTH ST. AND COLLEGE AVE. The property is zoned R- O, RESIDENTIAL OFFICE containing approximately 0.73 acres total. The request is to rezone the property to UT, URBAN THOROUGHFARE. RECOMMENDATION: The City Planning staff and Planning Commission recommend approval of an ordinance to rezone the property to UT, Thoroughfare Commercial, as requested by the applicant and as shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The three subject parcels totaling 0.73 acres are located at the southwest corner of North St. and College Ave. The property is zoned R-O, Residential Office and currently developed with a parking lot, an approximately 4,000 square foot office building built in 1945, and a commercial building of approximately 1,300 square feet. Request: The request is to rezone the property (approximately 0.73 acres) from R-O to UT as the applicant believes that current zoning is not conducive to any future development for this area. Land Use Compatibility: The proposed zoning is largely compatible with the nearby properties, including the commercial and institutional activity along College Ave. Uses permitted in UT, such as single-family, multi -family, eating places, offices, shopping, etc., are generally compatible with current or permitted uses in the surrounding zoning. The more intense uses could be considered incompatible when directly adjacent to RSF-4 and single-family homes. However, the subject property does not directly adjoin single family homes in the RSF-4 district. The property is separated from the single family neighborhood to the west by Pollard Avenue, which effectively serves as the edge of the Wilson Park Neighborhood residential uses and the more intense College Avenue commercial corridor. Further, the large parcel of land across Pollard Avenue to the west is zoned R-O. This property was rezoned from RSF-4 at the property owner's request in 2009 to allow for the potential conversion of the property into offices or other more intense uses along this busy corridor; being surrounded on three sides by non-residential use (this includes the 0.75-acre hospital parking lot on North Street to the west of the R-O parcel). The proposed UT Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, Aft 72701 zoning would allow the redevelopment of College Avenue over time while maintaining the edge of the Wilson Park Neighborhood. The maximum height of 84 feet in UT is higher than R-O's maximum of 60 feet and almost double RSF-4's maximum of 45 feet. The current single-family homes nearby are significantly smaller than what could be permitted under the proposed UT and topographically sit lower than the proposed property. However, the subject property is less than one acre and only 140 feet wide. In staff's opinion, the small parcel size and configuration will significantly limit the maximum building height. The property is not large enough to feasibly accommodate a tall multi -story building and parking. Additionally, as discussed above, Pollard Avenue provides a physical and psychological separation from the site and the residential neighborhood. Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM). The definition of a city neighborhood area highlights particular characteristics of what this area should be, which is generally dense residential and non-residential uses on street corners or along transit corridors. Such areas have a very wide spectrum of allowed uses that contribute to a neighborhood's overall walkability and sustainability, which necessitate traditional development patterns and buildings placed closer to the property line. UT calls for the very same things: mixture of dwelling types from single-family to apartments and live/work, a dynamic range of uses from residential and open space to varying intensities of non-residential development and businesses, and build -to zones closer to the street for new development. Therefore, the proposed zoning does encourage patterns of development that result in realizing these goals of City Plan 2030 and connect the definitions and City-wide aspirations between the proposed zoning and future land use. The location of this property makes UT the best use of this property. UT at the corner of two Principal Arterial streets, one of them College Ave., and extremely close to the Downtown area is an ideal situation for this zoning district's purpose and the subject property's context, coupled with the aforementioned compatibility with the 2030 Plan. DISCUSSION: On August 26, 2016 the Planning Commission forwarded the rezoning with a recommendation for UT, Urban Thoroughfare. The request passed with a vote of 9-0-0. At the Planning Commission meeting the adjoining property owner to the west spoke in favor of the rezoning, but also expressed concerns for potential light pollution from development on this site affecting their property. BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A ■ Exhibit B ■ Application ■ Planning Commission Staff Report RZN 16-5573 LAZ E N BY Close Up View 16-5573 - EXHIBIT 'A' NORTH if OAKWOODST i! PIKE RS F-a z R_0 C-1 BAXTER LN w Q 0 LU ¢ 0 0a z _ 7 a itC' 1, d Legend . - Feet - r Planning Area Fayetteville City Limits 0 75 150 300 450 600 Hillside -Hilltop Overlay District 1 inch = 200 feet Trail (Proposed) w z 0 _Z U) CLEBURN ST R S F-4 Residential -Office C-1 C-2 e Downtown General P-1 16-5573 EXHIBIT'By LEGAL DESCRIPTION: Lot 1, 2, 3 and 4 in Block 13 of A.L. Trent's Revised Plat of City Park Addition to the City of Fayetteville, Arkansas, as per plat recorded in the office of the Circuit Clerk and Ex -Off icio Recorder of Washington County, Arkansas. Less and except 4 feet of equal and uniform width off the east side of said Lot 3 and subject to Easement Deed to the Arkansas State Highway Commission, recorded in Book 855 at Page 618 and Easement set forth in order, dated August 21, 1973, recorded in Circuit Court Recorded Volume 50 at Page 302. CITY OF Ta%y% L l I e PLANNING COMMISSION MEMO ARKANSA5 TO: City of Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Harry Davis, Planner MEETING DATE: UPl_ A FE'D 9-2,� -�E)16 SUBJECT: RZN 16-5573: Rezone (1031 N. COLLEGE AVE./LAZENBY, 445-446): Submitted by JORGENSEN & ASSOCIATES for property at the SW CORNER OF NORTH ST. AND COLLEGE AVE. The property is zoned R- 0, RESIDENTIAL OFFICE containing approximately 0.73 acres total. The request is to rezone the property to UT, URBAN THOROUGHFARE. RECOMMENDATION: Staff recommends forwarding RZN 16-5573 with a recommendation for approval. BACKGROUND: The three subject parcels totaling 0,73 acres are located at the southwest corner of North St. and College Ave. The property is zoned R-0, Residential Office and currently developed with a parking lot, an approximately 4,000 square foot office building built in 1945, and a commercial building of approximately 1,300 square feet. Surrounding land use and zoning is depicted on Table 1. Direction Site North South East Vilest Table 1 - Surrounding Land Use and Zo from Land Use Zoning UAMS/VA Hospital Commercial Parking Lot Residential P-1, Institutional Residential Office R-0, Residential Office: RSF-4, Residential Single -Family 4 Units per Acre Request: The request is to rezone the property (approximately 0.73 acres) from R-O to UT as the applicant believes that current zoning is not conducive to any future development for this area. Public Comment., A nearby property owner expressed concerns over the maximum height of buildings allowed in UT and how a building at 84 feet would not be appropriate across the street from a single-family dwelling_ This property owner also discussed that some uses in UT would not be appropriate near single-family dwellings the street from his home. Mlailiny Address: 11 i w Mountain Street Fayetteville, AR 72701 vavwrr_fayettev Ile -arc o Nannk 6ommission September 26, 2016 Agenda Item 13 16-5573 Lazenby Page 1 of 14 INFRASTRUCTURE: Streets: The subject parcels have access to College Avenue, Pollard Avenue, and North Street. College Avenue, classified as both a Principal Arterial and ST. 63, is improved with curb/gutter, sidewalk, and storm drainage. Pollard Avenue, a Local street, is paved, but does not have curb, storm drain, or sidewalk along the subject parcels' frontage. North Street, another Principal Arterial, is partially improved, with curb and gutter, but does not have storm drainage or sidewalk. Any street improvements required in these areas would be determined at the time of development. Water: Public water is available to the northern and southern parcels, but is not directly adjacent to the middle parcel. There is an existing 12 inch water main along ; North Street, which is available to the northern and southern parcels. In addition, there is a 6 inch main along Pollard Avenue, southwest of the southern parcel. Any necessary utility extensions required in these areas would be determined at the time of development. Sewer: Sanitary Sewer is available to all three parcels. There is an existing 8 inch sewer line under College Avenue, which runs north -south. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portions of these properties are identified as FEMA regulated floodplains or floodways. No portions of these parcels lie within the Hillside -Hilltop Overlay District. Fire: This development will be protected by Engine 1/Rescue 1 located at 303 W. Center. It is 1.3 miles from the station with an anticipated response time of 4 minutes to the beginning of the development. The Fayetteville Fire Department does not feel this development will affect calls for service or response times. 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 properties ,within the proposed rezone 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 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 largely compatible with the nearby properties, including the commercial and institutional activity along College Ave. Uses permitted in UT, such as single-family, multi -family, eating places, offices, shopping, etc., are generally compatible with current or permitted uses in the surrounding zoning. The more intense uses could be considered incompatible when directly adjacent to RSF-4 and single-family WETCNDevelopment Services RevieM20161Development Review116-5573 frN 1031 tM College Ave (Lazenby) 445-446 Planning Commission September 26, 2016 Agenda Item 13 16-5573 Lazenby Page 2 of 14 homes. However, the subject property does not directly adjoin single family homes in the RSF-4 district. The property is separated from the single family neighborhood to the west by Pollard Avenue, which effectively serves as the edge of the Wilson Park Neighborhood residential uses and the more intense College Avenue commercial corridor. Further, the large parcel of land across Pollard Avenue to the west is zoned R-O. This property was rezoned from RSF-4 at the property owner's request in 2009 to allow for the potential conversion of the property into offices or other more intense uses along this busy corridor; being surrounded on three sides by non-residential use (this includes the 0.75-acre hospital parking lot on North Street to the west of the R-O parcel). The proposed UT zoning would allow the redevelopment of College Avenue over time while maintaining the edge of the Wilson Park Neighborhood. The maximum height of 84 feet in UT is higher than R-O's maximum of 60 feet and almost double RSF-4's maximum of 45 feet. The current single- family homes nearby are significantly smaller than what could be permitted under the proposed UT and topographically sit lower than the proposed property. However, the subject property Is less than one acre and only 140 feet wide. In staffs opinion, the small parcel size and configuration will significantly limit the maximum building height. The property is not large enough to feasibly accommodate a tall multi -story building and parking. Additionally, as discussed above, Pollard Avenue provides a physical and psychological separation from the site and the residential neighborhood. Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM). The definition of a city neighborhood area highlights particular characteristics of what this area should be, which is generally dense residential and non-residential uses on street corners or along transit corridors. Such areas have a very wide spectrum of allowed uses that contribute to a neighborhood's overall walkability and sustainability, which necessitate traditional development patterns and buildings placed closer to the property line. UT calls for the very same things: mixture of dwelling types from single-family to apartments and livelwork, a dynamic range of uses from residential and open space to varying intensities of non-residential development and businesses, and build -to zones closer to the street for new development. Therefore, the proposed zoning does encourage patterns of development that result in realizing these goals of City Plan 2030 and connect the definitions and City-wide aspirations between the proposed zoning and future land use. The location of this property makes UT the best use of this property. UT at the corner of two Principal Arterial streets, one of them College Ave., and extremely close to the Downtown area is an ideal situation for this zoning district's purpose and the subject property's context, coupled with the aforementioned compatibility with the 2030 Plan. 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 to appropriately develop the property with greater freedom allotted under UT. G:1ETCOevelopment Services ReviewQ01Mevelopmenl Review116-5573 RZN 1031 N. College Ave (Lazenby) 445-446 Planning Commission September 26, 2016 Agenda Item 13 16-5573 Lazenby Page 3 of 14 A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has access to North St. and College Ave. The UT zoning would allow greater and more diverse residential and non-residential uses by right, which may increase traffic compared to the existing use and zoning. The surrounding street system has adequate capacity to handle increased traffic. 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 UT would allow a greater density. Development in UT is capped at six or seven stories and would have to include parking and adequate circulation for vehicles and people, meaning that a developer could not feasiblyfill the entire 0.73 acre site with a building. UT would not undesirably increase the load on public services more than what is already offered in the existing zones. 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 16-5573 with a recommendation for approval based on the findings discussed throughout this report. PLANNING COMMISSION ACTION: Required YES Date: September26, 2016 i7 Tabled Forwarded © Denied Motion: Ii_0SJ� t� -- I {;tl t "; l i t`,F Ii RlEC(_11_\A1ii. ,TIC)ATION FOR A I'f l.t ` Second: i €f 1- INd Al N Vote: 9--0-0 BUDGET/STAFF IMPACT: None G 1ETC\Development Services Reviewt20 i60evelopmenl RevieM16-5573 RZN 1031 N College Ave (Lazenby) 445-446 Planning Commission September 26, 2016 Agenda Item 13 16-5573 Lazenby Page 4 of 14 Attachments: • Unified Development Cade sections 161.17 & 161.22 • Request letter ■ One Mile Map • Close -Up Map ■ Current Land Use Map ■ Future Land Use Map G tETOI)Ove.Iopmenr Services Review120160avebpment RewevA16-5573 €iZN 1031 N. CaiEege Ave (Lazenby) 445-4416 Planning Commission September 26. 2016 Agenda Item 13 16-5573 Lazenby Page 5 of 14 161.17 District R-O, 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 Develo ment (2) Conditional uses - Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 11 Manufactured home ark* Unit 13 Eating laces Unit 15 Neighborhood shopping nods Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities* Unit 42 Clean technologies Unit 45 Small scale production C L7ensi# . Units per acre 24 or less (D) Sulk and area regulations. (Per dwelling unit for residential structures) 0 ) Lot width minimum, Il Manufactured home 1 100 ft. 1, ark - - --- �. Lot within a manufactured home ark 50 ft. Sin le-famil 60 ft, Two-famil 60 ft. Three or more 90 ft. (9) 1 nt araa minimrim Manufactured home 3 acres ark Lot within a 4,200 sq. ft. manufactured home ark Townhouses: Development 10,000 sq_ ft. Individual lot 2.500 sq. ft. Single-family 6,000 sq. ft. Two -fame 6.500 sq. ft. Three or more 8,000 sq. ft. Fraternity or Sorority 1 acre sl Lana area per awentng unit. Manufactured home Townhouses 3,000 sq. ft. apartments: 1,000 sq. ft. No bedroom 1,000 sq. ft.. One bedroom 1,200 sq. ft. Two or more bedrooms Fraternity or Sorority 500 sq, ft. per resident (E) Setback recyalations. Front 15 ft. Front, if parking is allowed 50 ft. between the right-of-way and the building Front, in the Hillside Overlay 15 ft. District Side 10 ft. Side, when contiguous to a 15 ft. residential district Side, in the Hillside Overlay 8 ft District Rear, without easement or 25 ft. alley Rear. from center line of ublic 10 ft. G:lErCI.Development Services Rev iev.(MMDeveiopment Review116-5573 RZN 1031 N. College Ave. (Lazenby) 445-446 Planning Commission September 26, 2016 Agenda Item 13 16-5573 Lazenby Page 6 of 14 alley Rear, in the Hillside Overlay District 15 ft. F Building height regulations. Building Height 60 ft. Maximum Height 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 one 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 4726, 7-19-M Ord. 4943. 11-07-06; Ord. 5079, 11-20-07; Ord. 5195. 11-6-08; Ord. 5224, 3-3-09; Ord 5312. 4-20-10; Ord. 5462. 12-6-11; Ord. 5735 1-20-15) WETCIDevelopment Services Reviewi20160evelopment Review%16-5573 RZN 1031 N. Coltege Ave. (Lazenby) 445-446 Planning Commission September 26, 2016 Agenda Item 13 16-5573 Lazenby Page 7 of 14 CITY OF FaykZ ARKANSAS • 161.22 - Urban Thoroughfare (A) Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the surrounding communities. This district encourages a concentration of commercial and mixed use development that enhances function and appearance along major thoroughfares. Automobile -oriented development is prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96: Noise Control, the Urban Thoroughfare district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (13) Uses. 1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Sin le -family dwellings Unit 9 Two (2) family dwellings Unit 10 Three 3) family dwellin s Unit 13 Eating laces Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive- inidrive through restaurants Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellin s Unit 34 Liquor store Unit 41 Accessory Dwellings Unit 44 Cottage Housing Development Unit 45 Small scale production Mailing Address 11 3 w k[smfAain Street Fayetteville, AR 72701 PLANNING COMMISSION MEMO 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 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 33 Adult live entertainment club or bar Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 38 Mini -storage units Unit 40 Sidewalk cafes Unit 42 Clean technologies Unit 43 1 Animal boarding and training (C) Density. None (D) Bulk and Area Regulations.. (1) Lot Width Minimum. Single-family dwellin2 16 Feet II other dwellings None Non-residential Norse (2) Lot area minimum. None E 1 Setback re ulations. A build -to zone that is located between 10 Front: feet and a line 25 feet from the front property line. Side and rear: None Side or rear, when contiguous to a 15 feet single-family residential district: www.fayettf Nlv tde-aanrnn Cl.�uv ommission September 26, 2016 Agenda Item 13 16-5573 Lazenby Page 8 of 14 F Building Height Regulations, j8uildin2 Height Maximum 1 56184 Feet" 'A building or a portion of a building that is located between 10 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of 56 feet. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of 84 feet. Any building that exceeds the height of 20 feet shall be set back from any boundary line of a single-family residential district, an additional distance of one foot for each foot of height in excess of 20 feet. (G) Minimum buildable street frontage. 50% of the lot width. (Ord. No. 5312, 4-20-10, Ord_ No. 5339, 8- 3-10; Ord. No. 5353, 9-7-10; 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._ § l (Exh. A). 10-6- 15) G-TTMDevelopment Services Reviewl20 Mevelopmenl Review116-5573 RZN 1031 N College Ave. (Lazenby) 445-446 Planning Commission September 26, 2016 Agenda Item 13 16-5573 Lazenby Page 9 of 14 JORVENSEI 24etue,AReDave.Su:e5 Fayettev=ate. AR 72703 +ASSOCIATES Office 4194429-27 pax 479 �-82 480'-/ September 9, 2016 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: Lazenby Property Rezoning This letter is in regards to a proposed rezoning and the following required information: A. The current owner of this site is as follows: a. 765-03834-000 b. 765-03835-000 c. 765-03836-000 B. Currently these properties are zoned R-0,. The reason for the requested Urban Thoroughfare (UT) zoning is to allow this property to be developed under UT conditions. C. There are various zoning districts around these properties. The property due west is zoned R-0 & RSF-4, The property due south is zoned R-0. The properties due north are zoned P-1 and the properties due east are zoned R-C). D. Existing water and sewer are already at this site. There is an existing 12-inch water line on the north side of North and an existing 6-inch in the south west corner of the site. There is an existing 8-inch ductile iron pipe in College Av. E. We feel the requested zonings are in line with the goals of the City Plan 2030 for rezoning and development in the future as to be consistent the adjacent developments. F. Per the city's future land use plan this area is called out to be a City Neighborhood Areas which UT is a form based zoning under this umbrella. & Adjacent streets have been or are planned to be improved in the near future allow this area to grow. College Av was recently improved with a 10'idewalk along the east side adjacent to this property. H. The potential to increase the population density in this area as a result of this rezoning would not undesirably increase load on public services. The properties at question lie at the intersection of two master planned roads where significant improvements have been or will be made, and will allow for increased loads_ Utilities are currently available and at a significant size to where we do not believe any adverse impacts to the existing system would occur. L The current zoning is not conducive to any future developments in this area. Sincerely, i '�' Justin L. Jorgensen, PE Planning Commission September 26, 2016 Agenda Item 13 16-5573 Lazenby Page 10 of 14 RZN 16-5573 One Mile View �1 Tr_ R_% 1UNIF-24 Jf fi Legend Planning Area Fayetteville City Limits Shared Use Paved Trail Lelia, Trail(Proposed) Building Footprint LAZENBY 045 Subject Property Plariniog Area Fayetteville City Lifr R-0 111VErfurm V 0 roll, wo PRIVATE'152" 14%F-4 M ?—.a I x I REAM T+% ­11 1 AA (� = log. UM4 0 WIMCTS Rksl�WIAL -0 11 0 A-,.1 IWO—: MANtor ro."a Mlkcls Planning Co mission Sapte-har 6, 2016 Agenda Item 13 16-5573 Lazenby Page 11 of 14 Agenda Item 13 16-5573 Lazenby Page 12 of 14 RZN 16-5573 LAZENBY Ak Current Land Use N 0 RT.H Jzq Commercial/Reta fe 'k A* T Mob Single Family < 41 'Subject Property' Ast at 14 �r O.A TOE X At - Single Family SAXT ER LN Single Family Commercial/Retail 1 9 4 Am 4 P CL T4, I 4A Legend DawntowA Masaer Plmn straels Existing U59class Feet 0 75 150 300 450 GOO Planning Co mission S 0 ps aw Do r--26. 2016 Agenda Item 13 16-5573 Lazenby Page 13 of 14 Agenda item 13 16-5573 Lazenby Page 14 0114 NoRTIvvEsT ARKANsss vemomt goaz&C �7, BOX 60 . ,Y... .c, i .t ..,,.,.,. ^h 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. 5918 Was inserted in the Regular Edition on: October 27, 2016 Publication Charges: $ 66.30 Karen Caler Subscribed and sworn to before me This I day of Ape, 2016. czat, 01-4 Notary Public My Commission Expires: 212Dj2,olf CATHY WILES .K Arkansas _ Senton County 1, � .� INelary PuV)iic - Gorrtni1„2 ,;.,.t7? i 8 is My Commission Expires icu 20 2024 *NOTE* Please do not pay from Affidavit. Invoice will be sent. Ordinance: 5918 File Number: 2016-0463 RZN 16-5573 (1030 N. COLLEGE AVE./LAZENBY): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5573 FOR APPROXIMATELY 0.73 ACRES LOCATED AT THE SOUTHWEST CORNER OF NORTH STREET AND COLLEGE AVENUE FROM R-O, RESIDENTIAL OFFICE TO UT, URBAN THOROUGHFARE. 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 UT, Urban Thoroughfare. 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 10/18/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73902574 Oct. 27, 2016 RECEIVED Nov 0-3 2016 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE