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HomeMy WebLinkAboutORDINANCE 5923113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5923 File Number: 2016-0460 RZN 16-5594 (15 S. WEST/KOLBERG): Il��f�lfff�>fl�fff ��f�rlflff f�l�ff�llll�f}�fll�f illli�lflfl��lll��li��f��ffff d�lf Doc ID: 017166550003 Type:. REZ Kind : ORt7INAHCE Recorded: 11/21%2016 at 09:49:16 AM Fee Amt: $25.00 Rape 1 of 3 Washington County, AR Kyle SYlvester Circuit Clerk dd File2016"0003446T AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5594 FOR APPROXIMATELY 0.37 ACRES LOCATED AT 15 SOUTH WEST AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET/CENTER. 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 MSC, Main Street/Center. 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. %%11111is PASSED and APPROVED on 11/1/2016 �• FAYFI-TEViLU , • yam �P 71 ery r ti Attest: �i'S/ .... •'�y�5,�., "' 1111111100 ►��1 9 }f i'1.Gi,�t1Q S"', t Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 1112116 16-5594 EXHIBIT 'A' RZN 16-5594 KO L B E RG Close Up View Legend ' Planning Area Fayetteville City Limits Shared Use Paved Trail Building Footprint iI l w SubjeLu ct Pr ilf I ■ c? - — _- MEADOWST= -� _ - 'I ROCK ST_- _ NORTH RSF-4 M RMF-24 RMF40 1-1 Heavy Commercial and Light Industrial Feet Residential -Office _ Main Street Center 0 75 150 300 450 600 M Downtown General Neighborhood Conservation 1 inch = 200 feet iP-1 16-5594 EXHIBIT 'B' (2) Legal Description of the Property to be Rezoned: A PART OF BLOCK 22, IN THE ORIGINAL PLAT OF THE TOWN OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON PLAT OF RECORD, IN PLAT BOOK 4, AT PAGE 4, AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 110 FEET SOUTH OF THE NE CORNER OF SAID BLOCK, AND RUNNING THENCE SOUTH 104 FEET TO THE SE CORNER OF SAID BLOCK, THENCE WEST 156 FEET, THENCE NORTH 104 FEET, THENCE EAST 156 FEET TO THE POINT OF BEGINNING. Electronically Signed using eSignOnlineTm[ Session ID: 2db8b2b6-9700-4bc4-a07a-f39b69dala35 ] Washington County, AR I certify this instrument was filed on 11 /21 /2016 09:49:16 AM and recorded in Real Estate File Number 2016-0 4� 4 Kyle Sylvester - C� cacuuiitt Cleric by�� City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 _ (479) 575-8323 Text File File Number: 2016-0460 Agenda Date: 11/1/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 2 RZN 16-5594 (15 S. WEST/KOLBERG): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5594 FOR APPROXIMATELY 0.37 ACRES LOCATED AT 15 SOUTH WEST AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET/CENTER 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 MSC, Main Street/Center. 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 Primed on 111212016 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2016-0460 Legistar File ID 11/1/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/14/2016 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: RZN 16-5594: Rezone (15 S. WESTAVE./KOLBERG, 523): Submitted by MARK KOLBERG for property at 15 S. WEST AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.37 acres. The request is to rezone the property to MSC, MAIN STREET/CENTER. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Previous Ordinance or Resolution # Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title Approval Date: V20140710 CITY OF ■ FayTlle CITY COUNCIL AGENDA MEMO NSAS MEETING OF NOVEMBER 1, 2016 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner DATE: October 14, 2016 SUBJECT: RZN 16-5594: Rezone (15 S. WEST AVE./KOLBERG, 523): Submitted by MARK KOLBERG for property at 15 S. WEST AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.37 acres. The request is to rezone the property to MSC, MAIN STREET/CENTER. RECOMMENDATION: The City Planning staff recommend approval of an ordinance to rezone the subject properties to MSC, Main Street/Center, as requested by the applicant and as shown in the attached Exhibits 'A' and `B'. BACKGROUND: The subject property includes approximately 0.37 acres located on the west side of West Avenue, between Center and Mountain Streets. The property is zoned NC, Neighborhood Conservation, and represents a portion of Block 22 of the original Fayetteville town plat. There is currently one single-family dwelling on site, built in 1885 and served by a paved driveway off of West Avenue. To the south of the property is City of Fayetteville right-of-way that includes pedestrian and bicycle access from West Avenue to the Frisco Trail. Although no portion of this property is identified as Hillside/Hilltop Overlay District, the terrain beginning at West Avenue descends rapidly, decreasing by approximately 30 feet from east to the west. The subject property is within the Downtown Master Plan Boundary. This document was adopted in 2004 and included the recommendation that a series of new zoning districts be created to both preserve those characteristics that participants in the planning process deemed desirable, and to facilitate new development with appropriate physical context. The resulting zoning districts were subsequently developed and modified with public input before ultimately being put in place. The current NC zoning of the subject property is the result of this process and replaced the existing R-O, Residential Office zoning. Request: The request is to rezone the subject properties from NC, Neighborhood Conservation to MSC, Main Street/Center. The applicant indicated the rezoning is needed to enhance development opportunities. Land Use Compatibility: A rezoning to MSC will allow for residential and commercial development that is generally comparable to other housing and businesses in the vicinity. While the MSC Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 zoning district allows for commercial activities of greater intensity than would generally be appropriate at this location, the size and terrain of the property can limit the scale of any new development. On the other hand, the Fayetteville Downtown Master Plan and its associated rezoning were deliberately enacted to preserve pockets of single-family housing that have existed for decades, and in some cases over a century. In addition to the Mount Nord area adjacent to Lafayette Street, the block of single-family homes that range southward from the subject property along West Avenue were deliberately zoned NC, Neighborhood Conservation. A rezoning to MSC comes with no density requirements, no side setbacks, and a higher building height maximum than the requirements in an NC district. Coupled with multi -family dwellings and numerous commercial uses being permitted in the DG zoning district, the requested rezoning has the potential to dramatically change the character of this portion of downtown. There are numerous properties in close proximity to the subject address that are not single-family in use or appearance. While to the north and west there are single-family homes, to the east there is a jewelry business operating out of a residential structure. Along Mountain Street further to the east is the Fayetteville Public Library and KUAF radio station. Other uses in the area vary, including many residential structures that have been modified to house multiple tenants or businesses. Given the variety of surrounding land uses, staff finds the MSC zoning would be compatible. Land Use Plan Analysis: As noted, the Downtown Master Plan led to the subject property's current zoning and was approved by City Council with the support of many Downtown residents. The Neighborhood Conservation zoning seeks to preserve the existing single-family housing stock in pockets of the downtown area. At the same time, the Downtown Master Plan identifies the goal of pursuing redevelopment opportunities along West Avenue. Classified in the Plan as a "signature connection" in downtown, West Avenue is called -out as important to the area's pedestrian network with redevelopment needed to fully leverage amenities like the Frisco Trail and the library. The Plan goes even further by outlining an implementation strategy that involves a policy to "target properties along West Avenue for infill development." Rezoning the subject property to the proposed Main Street/Center district can support this goal by allowing for increased housing opportunities through redevelopment to a greater density or, alternatively, permitting a greater spectrum of retail and service uses that can serve the neighborhood or greater downtown. While the goals of infill redevelopment and preservation may often seem at odds, in this instance they are complementary. Just as the Neighborhood Conservation zoning district was adopted to preserve the single-family nature of particular areas, so to can the Main Street/Center zoning district preserve the character of the Fayetteville downtown. Both are designed with build -to -zones that complement the area's historic growth pattern. Development under either zoning is subject to the Downtown Design Overlay District's architectural standards. The proposed zoning is consistent with the overall goals and policies of the Downtown Master Plan. DISCUSSION: On October 10, 2016 the Planning Commission forwarded the applicant's request for a rezoning to MSC, Main Street/Center. A motion by Commissioner Selby to forward the proposal to the City Council with a recommendation for approval was made with a vote of 7-1-0, with Commissioner Brown dissenting. BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A ■ Exhibit B ■ Application ■ Planning Commission Staff Report RZN 16-5594 Close Up View NISC• z Legend 1 Planning Area t t Fayetteville City Limits L Shared Use Paved Trail Building Footprint 16-5594 EXHIBIT "Al KOLBERG NORTH MEADOW uT w 'a J Q 4 i CENTER ST MOUNTA]N ST Feet 0 75 150 300 450 600 1 inch = 200 feet 1)6 ROCK S. RSF-4 RMF-24 3 RMF-40 1-1 Heavy Commercial and Light Industrial Residentialoffice Main street Center Downtown General ® Neighborhood Conservation P-1 16-5594 EXHIBIT 'B' (2) Legal Description of the Property to be Rezoned: A PART OF BLOCK 22, IN THE ORIGINAL PLAT OF THE TOWN OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON PLAT OF RECORD, IN PLAT BOOK 4, AT PAGE 4, AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 110 FEET SOUTH OF THE NE CORNER OF SAID BLOCK, AND RUNNING THENCE SOUTH 104 FEET TO THE SE CORNER OF SAID BLOCK, THENCE WEST 156 FEET, THENCE NORTH 104 FEET, THENCE EAST 156 FEET TO THE POINT OF BEGINNING. Electronically Signed using eSignOnlineTM[Session ID : 2db8b2b6-9700-4bc4-a07a-f39b69dala35 ] CITY Y Oi' I`AVE,TTEVILLE, ARKANSAS REZONING TOR STAFF' USE ONLY FEE: $325.00 Date Application Submitted.- Sign Fee. S5.00 Date Accepted as Complete: S-'T-R. ,'ase/Appeal Number: P11"k Public Hearing Date: lone: Please fill out this form completely, supplying all necessary information and documentation to support your request, Your application will not be placed on the Planning Commission agenda until this information is fitrnished. Application: Indicate one contact person for this request: X Applicant Representative Applicant (person making request): Name: Mark Kolbera Address: 2484 N Surtees Place Fayetteville, AR 72704 E-mail: marktkolbeE"ea �ail.com Phone: (360) 433-1090 l } Pax: Site Address / Location: 15 S. West Avenue Representative (engineer, surveyor, realtor, etc.): Name: Address: E-mail: Phone: Fax: I-ayetteyille. AID 72701 Current Zoning District: NC Requested Zoning District: MSC Assessor's Parcel Number(s) for subject property: 765-01891-000 0 r pz, FINANCIAL I1VTF,RF_STS The following entities and./ or people have financial interest in this project: Mark and Doug Kolber Electronically Signed using eSignOnlineTM[ Session ID : 2db8b2b6-9700-4bc4-a07a-f39b69dala35 ] APPLICANTIREPRF,.SENTA77VE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. 1 understand that the City might not approve what 1 am applying for, or might set conditions on approval. Name (printed): Mark Kolberg Date: 8/26/2016 Signature: �sr f I PROPERTY OWNER(S) /AUTHORIZED AGENT: I./we certify under penalty of perjury that 1 am/we are the owner(s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. (If signed by the authorized agent, a letter from each property owner must be provider[ indicating that the agent is authorized to act on his/her behalf.) Property (hvners of Record (attach additional info if necessarj): Billy Wayne and Lena Sue Name (printed): Batson Revocable 1'rust Address: 611 Mundale Road Signature: -�' /,/ &ZZVl( Executor Eureka Springs, AR 72631 p� G/I/ W -- Phone: Date: 8/26/2016 1:00 PM CDT ( 479 ) 981-1791 Name (printed): Address Signature: Phone: Date- , Electronically Signed using eSignOnlineT"[ Session ID : 2db8b2b6-9700-4bc4-a07a-f39b69dala351 CITY OF Fay7 7-11e ARKANSAS TO: THRU: FROM: MEETING DATE PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Jonathan Curth, Senior Planner October 10, 2016 (Updated with Planning Commission Results) SUBJECT: RZN 16-5594: Rezone (15 S. WEST AVE./KOLBERG, 523): Submitted by MARK KOLBERG for property at 15 S. WEST AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.37 acres. The request is to rezone the property to MSC, MAIN STREET/ CENTER. RECOMMENDATION: Staff recommends forwarding of RZN 16-5594 to the City Council with a recommendation for approval based upon the findings herein. BACKGROUND: The subject property includes approximately 0.37 acres located on the west side of West Avenue, between Center and Mountain Streets. The property is zoned NC, Neighborhood Conservation, and represents a portion of Block 22 of the original Fayetteville town plat. There is currently one single-family dwelling on site, built in 1885 and served by a paved driveway off of West Avenue. To the south of the property is City of Fayetteville right-of-way that includes pedestrian and bicycle access from West Avenue to the Frisco Trail. Although no portion of this property is identified as Hillside/Hilltop Overlay District, the terrain beginning at West Avenue descends rapidly, decreasing by approximately 30 feet from east to the west. The subject property is within the Downtown Master Plan Boundary. This document was adopted in 2004 and included the recommendation that a series of new zoning districts be created to both preserve those characteristics that participants in the planning process deemed desirable, and to facilitate new development with appropriate physical context. The resulting zoning districts were subsequently developed and modified with public input before ultimately being put in place. The current NC zoning of the subject property is the result of this process and replaced the existing R-O, Residential Office zoning. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoninq Dire_ction from Site Land Use v Zoning MSC, Main Street/Center North _ _ Residential Single-family South _Frisco Trail Access Residential Single-family; Business in a Single-family Structure NC, Neighborhood Conservation East _ MSC, Main Street/Center West Residential Single-family NC, Neighborhood Conservation Mailing Address: 113 W. Mountain Street wwwafayetteville-ar.gov Fayetteville, AR 72701 Request: The request is to rezone the subject properties from NC, Neighborhood Conservation to MSC, Main Street/Center. The applicant indicated the rezoning is needed to enhance development opportunities. Public Comment: Staff has received public comment from neighboring property owners that are both opposed and concerned with the requested rezoning. They have cited the appropriately contextual character of the existing structure, along with the investment made in their property and the adverse effects that may result from reduced setbacks and increasing the density on the subject property to the levels permitted under the Main Street/Center zoning district. As evidence, one property owner notes other housing in the area that has resulted in suspected non -compliant occupation levels and non -compliant parking on lawns and sidewalks. INFRASTRUCTURE: Streets: The subject parcel has access to West Avenue, a two-lane city street with existing poor -condition sidewalks at the back of curb. Any street improvements would be determined at time of development. Water: Public water is available to the site. There is an existing 4-inch water along the parcel frontage of West Avenue. Sewer: Sanitary Sewer is available to the site. There is an existing 8-inch sewer main in the West Avenue right-of-way on the uphill side of this parcel. Drainage: Any additional improvements or requirements for drainage would be determined at time of development. No portion of this parcel lies within the FEMA designated 100-yr floodplain. No protected streams are present on these parcels. No portion of this parcel lies within the HHOD, however slopes greater than 15% exist on much of this parcel which would require a residential grading permit to accompany any residential building permits. Fire: The Fire Department did not express any concerns with this 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 Map designates the properties as part of a Complete Neighborhood Plan Area associated with the Fayetteville Downtown Master Plan. FINDINGS OF THE STAFF: 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: In staff's opinion, the requested rezoning is generally consistent and compatible with both current land use and City land use plans. Land Use Compatibility: A rezoning to MSC will allow for residential and commercial development that is generally comparable to other housing and businesses in the vicinity. Furthermore, while the MSC zoning district allows for commercial activities of greater intensity than would generally be G:\ETC\Development Services Review\2016\Development Review\16-5594 RZN 15 S. West Ave. (Kolberg) 523\03 Planning Commission\10-10-2016 appropriate at this location, the size and terrain of the property can limit the scale of any new development. On the other hand, the Fayetteville Downtown Master Plan and its associated rezoning were deliberately enacted to preserve pockets of single-family housing that have existed for decades, and in some cases over a century. In addition to the Mount Nord area along Lafayette Street, the block of single- family homes that range southward from the subject property along West Avenue were deliberately zoned NC, Neighborhood Conservation. The Illustrative Master Plan (attached) indicated preservation of the property for a single-family dwelling. A rezoning to MSC comes with no density requirements, no side setbacks, and a higher building height maximum than the requirements in an NC district. Coupled with multi -family dwellings and numerous commercial uses being permitted in the DG zoning district, the requested rezoning has the potential to dramatically change the character of this portion of downtown. There are numerous properties in close proximity to the subject address that are not single-family in use or appearance. To the north and west there are single-family homes, and to the east is a jewelry business operating out of a residential structure. Along Mountain Street to the east is the Fayetteville Public Library and KUAF radio station. Other uses in the area vary, including many residential structures that have been modified to house multiple tenants or businesses. Given the variety of surrounding land uses, staff finds the MSC zoning would be compatible. Land Use Plan Analysis: The Downtown Master Plan led to the current zoning that was approved by City Council with the support of many Downtown residents. This zoning seeks to preserve the existing single- family housing stock in pockets of the downtown area. The Neighborhood Conservation zoning currently applied to the subject property and those south of it are evidence of that objective. The Downtown Master Plan also identified the goal of pursuing redevelopment opportunities along West Avenue. Classified in the Plan as a "signature connection" in downtown, West Avenue is called -out as important to the area's pedestrian network with redevelopment needed to fully leverage amenities like the Frisco Trail and the library. The Plan goes even further by outlining an implementation strategy that involves a policy to "target properties along West Avenue for infill development." Rezoning the subject property to the proposed Main Street/Center district can support this goal by allowing for increased housing opportunities through redevelopment to a greater density or, alternatively, permitting a greater spectrum of retail and service uses that can serve the neighborhood or greater downtown. While the goals of infill redevelopment and preservation may often seem at odds, in this instance they are complementary. Just as the Neighborhood Conservation zoning district was adopted to preserve the single-family nature of particular areas, so to can the Main Street/Center zoning district preserve the character of the Fayetteville downtown. Both are designed with GAETC\Development Services Review\2016\Development Review\16-5594 RZN 15 S. West Ave. (Kolberg) 523\03 Planning Commission\10-10-2016 build -to -zones that complement the area's historic growth pattern. Development under either zoning is subject to the Downtown Design Overlay District's architectural standards. The proposed zoning is consistent with the overall goals and policies of the Downtown Master Plan. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Based on the applicants' submittal, the rezoning is justified and needed to enhance the development opportunities for the subject property. The existing Neighborhood Conservation zoning only permits development of the property to single-family dwellings, accessory dwellings, and City-wide uses by right. All other uses allowed in the district, including but not limited to 2- and 3-family dwellings, offices, and limited businesses are only permitted with the approval of a conditional use permit. The applicant feels that a rezoning to Main Street/Center will positively address the goals of City Plan 2030. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The subject property has access to West Avenue, which was classified during the Downtown Master Plan process as ST 45. This classification includes two lanes for traffic movement and one for on -street parking in addition to tree wells and sidewalks. Given this, a rezoning of the property to Main Street/Center, with its lack of density requirements, has the potential to increase traffic in this area as the site develops. However, given the small size of the property, any increase in vehicular trips in the area will likely not appreciably 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: The overall size of the property will limit the density of future development, thereby also limiting undesirable increases of the burden on schools or City services. 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: 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 G:\ETC\Development Services Review\2016\Development Review\16-5594 RZN 15 S. West Ave. (Kolberg) 523\03 Planning Commission\10-10-2016 RECOMMENDATION: Staff recommends forwarding RZN 16-5594 to the City Council with a recommendation for approval based on the findings discussed throughout this report. PLANNING COMMISSION ACTION: Required YES Date: October 10, 2016 O Tabled M Forwarded O Denied Motion: Selby Second:Autry Vote: 7-1-0 (Brown Dissented) CITY COUNCIL ACTION: Required - YES Date: O Approved O Denied BUDGET/STAFF IMPACT: None Attachments: ■ Unified Development Code §161.25 (MSC zoning) ■ Unified Development Code §161.27 (NC zoning) ■ Request Letter ■ Letter from the Public ■ Downtown Master Plan Illustrative Map ■ One Mile Map ■ Close -Up Map ■ Current Land Use Map ■ Future Land Use Map G:\ETC\Development Services Review\2016\Development Review\16-5594 RZN 15 S. West Ave. (Kolberg) 523\03 Planning Commission\10-10-2016 161.25 - Main Street/Center (A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi -story buildings in the Center are well -suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas For the purposes of Chapter 96: Noise Control, the Main Street/Center district is a commercial zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings v__ Unit 10 Three-family dwellings Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 44 Cottage Housing Development Unit 45 Small scale production 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 Gasoline service stations and drive-in/drive 18 through restaurants Unit Center For collecting recyclable materials 28 Unit Dance halts 29 UnitOutdoor music establishments 35 G:\ETC\Development Services Review\2016\development Review\16-5594 RZN 15 S. West Ave. (Kolberg) 523\03 Planning Commission\10-10-2016 Unit Wireless communication facilities 36 Unit Sidewalk Cafes 40 Unit j 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling (all unit types) j 18 feet (2) Lot Area Minimum. None. (E) Setback Regulations. ( A build -to zone that is located Front i between the front property line and a line25 feet from the front property line. Side None center line of i 12 feet an alley (F) Minimum Buildable Street Frontage. 75% of lot width. (G) Building Height Regulations. _. _ Building Height Maximum 56184 feet" "A building or a portion of a building that is located between 0 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 a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of 84 feet. (Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5042, 8-07-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4- 20-10; Ord. No. 5339, 8-3-10; 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) G:\ETC\Development Services Review\2016\Development Review\16-5594 RZN 15 S. West Ave. (Kolberg) 523\03 Planning Commission\10-10-2016 161.27 - Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two (2) family dwellings Unit 10 Three (3) family dwellings i Unit 12 Limited business* Unit 24 Home occupations Unit 25 Offices, studios, and related services F_. Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cottage Housing Development (C) Density. Ten (10) Units PerAcre- (D) Bulk and Area Regulations. (1) Lot Width Minimum Single Family i 40 feet Two Family 80 feet Three Family 90 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. A build -to zone that is located between the Front property line and a Front line 25 Feet from the front property line. Side 5 feet Rear._.__1_- 5 feet__...---._.___._____.._ . G:\ETC\Development Services Review\2016\Development Review\16-5594 RZN 15 S. West Ave (Kolberg) 523\03 Planning Commission\10-10-2016 Rear, from center line of 12 feet an alley (F) Building Height Regulations. Building Height Maximum 45 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, § l(Exh. A), 10-6-15) G:\ETC\Development Services Review\2016\Development Review\16-5594 RZN 15 S, West Ave. (Kolberg) 523\03 Planning Commission\10-10-2016 (5) RZN 16-5594 Request Letter a. The property is currently owned by the Billy Wayne and Lena Sue Batson Revocable Trust. The property has a pending sale to Doug Kolberg. b. The zone change is being requested to enhance the development opportunities in the future. c. The proposed zoning is compatible with the surrounding properties. The properties to the north and east are already zoned MSC. The properties south and west are still single family residential NC, but when time comes for their development, they will likely change to MSC also. Other nearby properties are also MSC. This relatively small tract has an existing residence in need of structural and -cosmetic repairs that may not be economically feasible. Any future land use will improve the property in appearance, and any change in traffic or signage would be insignificant. d. There is an existing 4" water line on West Street. There is an existing 8" sewer line on West Street. e. The MSC zone change is complementary with the existing MSC existing zoning north and east and with other MSC zoned properties in the immediate area. The change to MSC also addresses the City planning objectives, principles, and policies for increased housing density and infill development in a positive manner. f. The MSC zone change is justified as it positively addresses the goals of the long term comprehensive plan. g. The MSC zone change will not create or appreciably increase traffic danger and congestion. h. This relatively small tract will not alter the population density and will not increase the load on public services including schools, water, and sewage facilities. i, It is impractical to use the land under it's existing zoning classification NC because this zone stresses single family residential development and does not support the City goal for infill development with increased housing density. Electronically Signed using eSignOnlineT"'[ Session ID : 2db8b2b6-9700-4bc4-a07a-f39b69dala35 ] RZN 16-5594 Public Comment Bob and fatty Besoin 15 N. West Avenue Fayetteville, Arkansas 72701 Planning Commission City of Fayetteville 125 W. Mountain Fayetteville, Arkansas 72701 Dean- Commissioners, We wonder ifit is a good idea to change the zoning at 15 S. West Avenue in I�ayettcvillc from Neighborhood Conservation to Main StreeUCenter (I ZN 16-5594). The )ionic that has been at 15'S. West Avenue for decades vas designed for the site, is architecturally interesting, and contributes in a positive way to the neighborhood. 'rhe changes allowed by Main Street/Center could encourage development that detracts from the character ofthe neighborhood. As a home owner one block north of the site under consideration., we prefer that a developer be required to request a variance for chanOes not allowed by Neighborhood Conservation so that we fill might judge whether a plan is compatible with the rest of the neighborhood. Thank you. Sincerely, Illustrative Fayetteville Downtown Master Plan As Related to 15 S. West Avenue Wm 4m'. Center Street C. 0 t* iA I all t Q 4V 0 i� - 4 vice, mr=n% r Mountain Street -100.6 .&** - fief Subject Property Fayetteville Public Library 14 C 0 e LL -e 0 Cf-e r RZN 16-5594 I One Mile View L'IA Lj r ................. 10 RMF-24 11171) Um 0.5 Miles NORTH KOLBERG 0.125 0.25 al Z—.j tVRACTION FfMOENI = � Legend A,.- caMMTVAL 8 Planning Area FORM BASED 015 t FACTS Fayetteville City limits ....... Shared Use Paved Trail 139111: Trail (Proposed) 7.'3 Planning Area Building Footprint Fayetteville City Unts VIDWTWAL NVITUTI)NAL --- RZN 16-5594 Close Up View i-i MSC kt l-I 1011 -1- 1 KOLBERG NORTH .T MEAOOw T w 4 W w O Q x 0 un CENTER ST Legend 4 _ _ _' Planning Area Feet Fayetteville City Limits 0 75 150 300 450 Shared Use Paved Trail Building Footprint 1 inch = 200 feet i ROCK ST RSF-4 RMF-24 999 RMF-40 1-1 Heavy Commercial and Light Industrial Residential-Office ?t d Main Street Center 600 S Downtown General Neighborhood Conservation P-1 RZN 16-5594 KO L Br B RG7 Ftifure Land Use NORTH er a' F MEAiDow ST 7 g z H sA w r w d a ii o � z rn U u1 7 CENTER ST Subject Property a, c� MOUNTAIN ST ROCK ST Legend FUTURE LAND USE 2030 Planning Area Feel City NeighboiTiood Area Fayetteville City Limits NeighbamoM Plan 0 75 150 300 450 600 Civic and Pfivate Open Spam asks Shared Use Paved Trail inch = 200 feet Building Footprint NoRTHwEsTA.V.ar�s Democrat V onette 6OC s Cyr. AYETTv�)1_E,AR-7 7 2 79-442 P A 479-CgS MP .r < 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. 5923 Was inserted in the Regular Edition on: November 10, 2016 Publication Charges: $65.00 Kare Caler Subscribed and sworn to before me This Zi day of )IDy , 2016. (� V, I)A Notary Public My Commission Expires: f Z� CATHY VVi ES Arkansas - uOntGn Cot!nty Notary Public - 12397118 N1y Commission Expires Fcb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance:5923 File Number: 2016-0460 RZN 16-5594 (15 S. WEST/KOLBERG): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5594 FOR APPROXIMATELY 0.37 ACRES LOCATED AT 15 SOUTH WEST AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET/CENTER. 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 MSC, Main Street/Center. 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 I1/l/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73924113 Nov. 10, 2016