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HomeMy WebLinkAboutORDINANCE 5952113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 5952 File Number: 2017-0054 RZN 16-5667 (1918 S. GARLAND AVE./ANDERSON): IIIIII IIII I IIII III VIII VIII VIII VIII VIII IIII II VIII VIII II III Doc IQ: 017385010003 -Type: REL Kind:'ORDINANCE Recorded: 04/07/2017 at 10:02:09 AM Fee Amt: $25.00 Page 1 of 3 Washington County, AR Kyle SVlvester Circuit Clerk File201 I -00010332 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5667 FOR ABOUT 0.32 ACRES LOCATED AT 1918 S. GARLAND AVENUE FROM I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from I-1 Heavy Commercial & Light Industrial to RSF-8, Residential Single Family, 8 Units per Acre. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 2/21/2017 Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 2122117 1k'��9tllfflT per *•Cr+ :1 -AYE iI I ViLLF - " Attest: %t''. k�N1r•'~ /�'jr •r .r•s•-�\vim r<9 ►� � ! �`� ► itis 1� Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 2122117 RZN 16-5667 ANDERSON Close Up View SUNCHASE CT PE171GREW ST z.1 111 Subject Property CATO SPRINGS RD --- Legend II Planning Area -- 1- Fayetteville City Limits L Shared Use Paved Trail Trail (Proposed) Building Footprint Feet 0 75 150 300 450 600 1 inch = 200 feet EXHIBIT W 16-5667 f r 1 RSFA& - NORTH RSF-4 RMF -12 RMF -24 1-1 Heavy Commercial and Light Industrial Commercial, Industrial, Residential P-1 EXHIBIT 'B' 16-5667 A part of the South Half of the Southwest Quarter of the Southwest Quarter of Section Twenty One (21) in Township Sixteen (16) North of Range Thirty (30) West, described as follows: Beginning at a point which is one hundred (100) feet South of the Northwest corner of said twenty (20) acre tract, and running thence South one hundred and eight (108) feet; thence East on hundred fifty (150) feet; thence North one hundred and eight (108) feet; thence West one hundred and fifty (150) feet to the place of beginning, situate and being in the County of Washington, State of Arkansas. Washington County, AR I certify this instrument was filed on 04/07/2017 10:02:09 AM and recorded in Real Estate File Number 2017-00010332 Kyle Sylvester - Circ by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0054 Agenda Date: 2/21/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 2 RZN 16-5667 (1918 S. GARLAND AVE./ANDERSON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5667 FOR ABOUT 0.32 ACRES LOCATED AT 1918 S. GARLAND AVENUE FROM I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from I-1 Heavy Commercial & Light Industrial to RSF-8, Residential Single Family, 8 Units per Acre. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 2/22/2017 City of Fayetteville Staff Review Form 2017-0054 Legistar File ID 2/21/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 2/3/2017 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: RZN 16-5667: Rezone (1918 S. GARLAND AVE./ANDERSON, 600): Submitted by SKIP ANDERSON for property at 1918 S. GARLAND AVE. The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 0.32 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Fund Project Title Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF A aPITI � CITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF FEBRUARY 21, 2017 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, Planning Director FROM: Jonathan Curth, Senior Planner DATE: February 3, 2017 SUBJECT: RZN 16-5667: Rezone (1918 S. GARLAND AVEJANDERSON, 600): Submitted by SKIP ANDERSON for property at 1918 S. GARLAND AVE . The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 0.32 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. RECOMMENDATION: The City Planning staff and Planning Commission recommend approval of an ordinance to rezone the subject property to RSF-8, Residential Single-family, 8 Units per Acre, as requested by the applicant and as shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property is approximately 0.32 acres and is located on the east side of South Garland Avenue, several properties north of Cato Springs Road. Although currently vacant, the site formerly had a one -family residence dating from 1916 that recently caught fire and was subsequently demolished in mid -2016. Although used -as a residential property for approximately a century, predating the area's annexation in to Fayetteville in 1946, the property is and has been zoned for industrial purposes for the intervening decades. Request: The request is to rezone the property from 1-1,- Heavy Commercial and Light Industrial, to RSF-8, Residential Single-family, 8 Units per Acre. The applicant's letter indicates that they intend to develop the property for residential use. Land Use Compatibility: In staff's opinion, the uses permitted with the proposed RSF-8 zoning district are compatible with surrounding uses to the north, east, and south. The adjacent property to the north is a single-family home zoned RMF -24, while the two properties to the south are both developed with single-family dwellings, and zoned 1-1 and RSF-4. To the east are two buildings occupied by Washington County's Head Start, who have been operating there since the 1980s, and Life Source, a non-profit organization that provides programs and services to Fayetteville families in need. Although both buildings have surface parking lots that serve them, the structures are single -story and more appropriately located next to residential than industrial development. Although the requested zoning is compatible with the existing properties adjacent to the west, on the other side of Garland Avenue, there are concerns with potential development. While a multi- family apartment complex is located to the southwest of the subject property, immediately across Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 the Garland Avenue right-of-way is a largely unused and vacant industrial warehousing site. Despite there only being one structure currently on the property, it is zoned 1-1, which permits many commercial and industrial uses that may not be compatible with residential development. Staff contends that compatibility can be more confidently assured with the requested RSF-8 zoning district, with its conventional building setbacks, as opposed to a zoning district with a build - to -zone that requires a structure to be built near the front of a lot. By setting a structure away from the front property line, a residential use can, in effect, be buffered from industrial uses across Garland Avenue. Land Use Plan Analysis: The City Plan 2030 Future Land Use Plan designates this site as part of a Complete Neighborhood Plan area. This designation refers to the property being within the boundaries of the Fayette Junction Neighborhood Plan and its associated public planning process and subsequent rezoning. Although large areas of the Fayette Junction Neighborhood Plan area were rezoned, the subject property was not, and maintains the 1-1 zoning designation that has been in place for decades. Although the Plan did not explicitly refer to this property, or include it in the larger collection of rezonings that resulted from the Plan, the Illustrative Master Plan identifies retaining the former single-family dwelling as the use on the subject property. Furthermore, the previous Future Land Use Plan designation for the property prior to the Fayette Junction Neighborhood Plan's adoption was City Neighborhood Area, which encourages a mix of residential densities and uses. A copy of the Executive Summary and Illustrative Plan for Fayette Junction are attached and confirm staff's recommendation that this rezoning to a medium density single-family district is consistent with the Plan. DISCUSSION: On January 23, 2017 the Planning Commission forwarded the applicant's request with a recommendation for approval by a vote of 7-1-0, with Commissioner Brown dissenting. Commissioner Brown was concerned that the proposed zoning is not dense enough to reach the necessary threshold for mass transit at the Fayette Junction rail yard, which is a major component of the master plan. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B Application • Planning Commission Staff Report } RZN 16-5667 Close Up View SUNCHASE CT RNIr•-24 CATO SPRINGS.RD Legend Planning Area Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint ► 11121 i. • 1 Ce C-0 PETTIGREW ST Subject Property RM -IZ P-1 Feet 0 75 150 300 450 600 1 inch = 200 feet EXHIBIT 'A' 16-5667 w RP7 D RSF• A& NORTH RS== -a R.M -1 z AF -2a 1-1 Heavy Commerom! and Llgnt tr.au<aal Commercial, Indea4rial, ResideW,al P-1 EXHIBIT 'B' 16-5667 A part of the South Half of the Southwest Quarter of the Southwest Quarter of Section Twenty One (21) in Township Sixteen (16) North of Range Thirty (30) West, described as follows: Beginning at a point which is one hundred (100) feet South of the Northwest corner of said twenty (20) acre tract, and running thence South one hundred and eight (108) feet; thence East on hundred fifty (150) feet; thence North one hundred and eight (108) feet; thence West one hundred and fifty (150) feet to the place of beginning, situate and being in the County of Washington, State of Arkansas. CY1'V1,, k'NVVII•'i'F:V Rl.i,E, Al@MANSAS REZONING FOR STAFF USE ONI.Y FF.E: 5325.00 Dale Application Submitted; .S?gn Fee: 35.00 Dale Accepted as Complete: S T -R: Case l Appeal ffi ether: PP#. Public hearing Dare, zone". Please fill out this form cormplewly, supplying; all necessary information and documentation to support your request. Your application will no# be placed on the Planning Commission agenda until tltis infarnaadan is furnished. Application: Indicate one contact person for this request: Applicant Representative Applicant (person making !request): Representaliee (engineer, surveyor, reallor, ere.): Marne: Name: t Address: _ 2G 1 f, r' IXl'k ,� rn .� /�t. y! _ - .Address: 5nr: nc, r r 7E,2 r'luuilb * i . i:. S r 5. tV ./ • (L' ;-1 1I1f Phone, phone: Fax: Fax: Site Address / Location: /!2 2A!S Current Zoning District; Requested Zoning District S)C i Assessor's Parcel Number(s) for subject property: -11oo FINANCIAL INTERESTS The following entities and f or people itmv financial inter�eest in this project: r/ dtirrch 2014 page 1 Electronically Signed using eSignOnlinerm [ Session ID : edadee7f-f29a-4d10-b608-7764052a34a4 ] APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in tilt respects, to the best of my knowledge and belief; true and correct, f undersland that submittal or incorrect or like inronnation is grounds for invalidation orapptication completeness, determinution, or approval. I understand that the CO might trot approve what t Bin applying for, or might set conditions on approval, [lute:,/ PROPERTY O;YNER(S) IAflTIIORI7FI) ACrENT: hive certify under penalty ofperjury thut I anVwe are the owner(s) of the property that is the subjecl of this application and that I/tvc have read this upplfcatfon and conscttt to its filing. (!f signed by the awhorked agent, a tetterfronr each property ntrvner must be provided indicating that the agent is authorized to act air hislher behalf.) Property Owners of Record (attach additional Info ifnecessan-J. Name (printed): Jane Keen Signature: kL- Date:_ 11/1117016 9:51 AM CST Name (printed).Justin Keen Signature:4� kall bate: 9I t1 1I70t� 112016 9:52 AM CST Address: 3561 W. Finger Road Phone: 14794453223 Address: 3561 W, Finger Road I-ayetteville, AR 72701 Phone: (4794)453213 Rezoning Checklist: Atlach the following items to this cr(tplicatio n: (1) Payment in full of applicable fees for processing the application: $325.00 application fee $5.00 public notification sign fee (2) A legal description of'the property to be rezoned. A survey may be required if the property description can not accurately be platted or if it is described by referring to other deeds. (3) CD containing a copy of the legal description in MS Word and all required submittal items should be also included on the CD in PDF format, (4) A copy of the county parcel map from the Washington County Assessor's office or from the Washington County website The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel number for every adjacent property sluill be shown o11 this map. March 2014 Page 2 Electronically Signed using eSignbnlineTmf Session ID : edadee7f-f29a-4d10-b608-7764052a34a4 j (5) A written description of this request addressing the following items'. a. Current ownership information and any proposed or pending property sales. b. Reason (need) for requesting the zoning change, c. Statement of how the proposed rezoning will relate to surrounding properties in terms of land use, traffic, appearance, and signage. d. Availability of water and sewer (state size of lines). This information is available from the City Engineering Division. C. The degree to which the proposed zoning is consistent with land use planning; objectives, principles, and policies and with land use and zoning plans. f. Whether the proposed zoning is justified and/or needed at the time of the request. g. Whether the proposed zoning will create or appreciably increase traffic danger and congestion. h. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities, i. Why it would be impractical to use the, land for any of the uses permitted under its existing zoning classification. (6) The applicant is responsible for meeting the public notification requirements for a Rezoning listed on the Notification requirements pages in this application. Notice: Resources including current zoning regulations, City flan 2030, Future Land Use Plan, Master Street Plan and Zoning maps are available for review on our website, .v�.►ti.,i4�y, 1:��t1��villc.ur: and in the Planning Office. All applicants should meet with a staff Planner prior to completing a Rezoning application. Parch 2014 Page .1 Electronically Signed using eSignOnline M[Session ID : edadee7f-f29a-4d10-b608-7764052a34a4 ] CITY OF Fay7a ,01 -V ARKANSAS TO: THRU: FROM: MEETING DATE PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Jonathan Curth, Senior Planner January 23, 2017 (Updated with Planning Commission Results) SUBJECT: RZN 16-5667: Rezone (1918 S. GARLAND AVE./ANDERSON, 600): Submitted by SKIP ANDERSON for property at 1918 S. GARLAND AVE . The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 0.32 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding of RZN 16-5667 to the City Council with a recommendation for approval based on the findings herein. BACKGROUND: At the Jai7ua 9 2017 Plani7in_q Commissior7 meeting,the rezoning request was tabled unanimously at the request of the applicant. The subject property is approximately 0.32 acres and is located on the east side of South Garland Avenue, several properties north of Cato Springs Road. Although currently vacant, the site formerly had a one -family residence dating from 1916 that recently caught fire and was subsequently demolished in mid -2016. Although used as a residential property for approximately a century, predating the area's annexation in to Fayetteville in 1946, the property is and has been zoned for industrial purposes for the intervening decades. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Single-family Residential RMF -24, Residential Multi -family, 24 Units per Acre South East Single -Family Residential Washington County Head Start Facility 1-1, Heavy Commercial and Light Industrial P-1, Institutional We,, Warehousing/Undeveloped; Multi -family Housing 1-1, Heavy Commercial and Light Industrial; RMF -24, Residential Multi -family, 24 Units per Are Request: The request is to rezone the property from 1-1, Heavy Commercial and Light Industrial to RSF-8, Residential Single-family/8 units per acre. The applicant's letter indicates that they intend to develop the property for residential use. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Public Comment: Staff has not received any public comment. INFRASTRUCTURE: Streets: The subject property has access to Garland Avenue, a Collector Street. Along the lot's frontage, Garland Avenue is unimproved with no curb, gutter, sidewalk, or storm drainage installed at this time. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the site. A 6" public main exists in the Garland Avenue right-of-way along the property's frontage. Sewer: Sanitary sewer is available to the site. A 6" public sewer main exists in the Garland Avenue right of way along the property's frontage. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portions of this parcel are identified as 100 -year FEMA regulated floodplains or floodways and no protected streams are present. Furthermore, no portion of this parcel is within the Hillside -Hilltop Overlay District. 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: The City Plan 2030 Future Land Use Map designates the properties as part of a Complete Neighborhood Plan area associated with the Fayette Junction Neighborhood Plan. The Executive Summary an Illustrative Plan are attached to this staff report which indicate preservation of single-family homes on the east side of Garland Avenue between the railway crossing and Cato Springs Road, including the subject property. 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: Surrounding Land Use Combat bilitY_ In staff's opinion, the uses permitted with the proposed RSF-8 zoning district are compatible with surrounding uses to the north, east, and south. The adjacent property to the north is a single-family home zoned RMF -24, while the two properties to the south are both developed with single-family dwellings, and zoned 1-1 and RSF-4. To the east are two buildings occupied by Washington County's Head Start, who have been operating there since the 1980s, and Life Source, a non-profit organization that provides programs and services to Fayetteville families in need. Although both buildings have surface parking lots that serve them, the structures are single -story and more appropriately located next to residential than industrial development. The requested zoning is less compatible with the existing properties adjacent to the west, on the other side of Garland Avenue. While a multi- family apartment complex is located to the southwest of the subject property, immediately across the Garland Avenue right-of-way is a largely G:\ETC\Development Services Review\2016\Development Review\16-5667 RZN 1918 S. Garland Ave (Anderson) 600\03 Planning Commission\01-09-2017 unused and vacant industrial warehousing site. Despite there only being one structure on the property, it is zoned 1-1 which permits many commercial and industrial uses that may not be compatible with residential development. Land Use Plan Analysis: The City Plan 2030 Future Land Use Plan designates this site as part of a Complete Neighborhood Plan area. This designation refers to the property being within the boundaries of the Fayette Junction Neighborhood Plan and its associated public planning process and subsequent rezoning. Although large areas of the Fayette Junction Neighborhood Plan area were rezoned, the subject property was not, and maintains the 1-1 zoning designation that has been in place for decades. Although the Plan did not explicitly refer to this property, or include it in the larger collection of rezonings that resulted from the Plan, the Illustrative Master Plan identifies the former single-family dwelling as the use on the subject property. Furthermore, the previous Future Land Use Plan designation for the property prior to the Fayette Junction Neighborhood Plan's adoption was City Neighborhood Area, which encourages a mix of residential densities and uses. A copy of the Executive Summary and Illustrative Plan for Fayette Junction are attached and confirm staff's recommendation that this rezoning to a medium density single-family district is consistent with the Plan. A determination of whether the proposed zoning is -justified and/or needed at the time the rezoning is proposed. Finding: In staff's opinion, the requested RSF-8 zoning district is justified at this time, as the property is located among almost exclusively residential uses, or those uses complimentary of, or compatible with residential uses. Additionally, development of the property to its former and recent use as single-family residential is not currently permitted in the 1-1 zoning district, and the size of the subject property restricts any potential commercial or industrial development. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property RSF-8 is not likely to increase traffic danger or congestion in this location, although the request is for a zone that will allow a higher intensity of development and use than the low density that previously existed with one single-family dwelling. If more than one dwelling is constructed on the property, which is possible given the RSF-8 zoning district's area requirements, the City's access management standards dictate the use of one shared curb cut. 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 1-1 to RSF-8 will increase the potential population density, but is unlikely to undesirably increase the load on public services. As mentioned, there was previously one detached single-family G:\ETC\Development Services Review\2016\Development Review\16-5667 RZN 1918 S. Garland Ave (Anderson) 600\03 Planning Corn mission\01-09-2017 home one the property, and under the RSF-8 zoning district's requirements, there is the potential to place two detached single-family dwellings. Neither the Police Department nor Fire Department expressed any objections to the proposed rezoning. 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: While there are often situations where a zoning district with a build -to -zone would be appropriate, staff contends that the existence of an industrial use to the west of the subject property creates a situation where it may not be desirable to locate residential housing in closer proximity to potentially aversive uses. RECOMMENDATION: Staff recommends forwarding of RZN 16-5667 to the City Council with a recommendation for approval based on the findings discussed throughout this report. PLANNING COMMISSION ACTION: Required YES Date: January 23, 2017 O Tabled ® Forwarded O Denied Motion: Hoskins Second: Selby Vote: 6-1-0 (Brown voted 'no') CITY COUNCIL ACTION: Required YES Date: O Approved O Denied BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.09, RSF-8, Residential Single-family, 8 Units per Acre o §161.28 1-1, Heavy Commercial and Light Industrial • Request Letter • Fayette Junction Master Plan Executive Summary and Illustrative Plan • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map G:\ETC\Development Services Review\2016\Development Review\16-5667 RZN 1918 S. Garland Ave. (Anderson) 600\03 Planning Commission\01-09-2017 I 161.09 - District RSF-8, Residential Single -Family - Eight (8) Units Per Acre (A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single family residential areas with similar lot size, density, and land use as the historical neighborhoods in the downtown area. (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 5 Government facilities Unit 9 Two-family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development (C) Density. By Right Single-family dwelling units per acre 8 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family 50 feet Two (2) family 50 feet Townhouse, no more than two (2) attached 25 feet (2) Lot Area Minimum. Single-family 5,000 square feet Two-family 5,000 square feet (3) Land Area Per Dwelling Unit. Single-family 5,000 square feet G:\ETC\Development Services Review\2016\Development Review\16-5667 RZN 1918 S. Garland Ave. (Anderson) 600\03 Planning Commission\01-09-2017 Two-family 5,000 square feet Townhouse, no more than two (2) 2,500 square attached feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 5 feet (F) Height Regulations. Building Height Maximum 45 feet (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total lot area. (Ord. No. 4783, 10-18-05; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4- 20-10; Ord. No. 5462, 12-6-11) G:\ETC\Development Services Review\2016\Development Review\16-5667 RZN 1918 S. Garland Ave. (Anderson) 600\03 Planning Commission\01-09-2017 I 161.28 - District 1-1, Heavy Commercial And Light Industrial (A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light industrial uses which are compatible with one another but are inappropriate in other commercial or industrial districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to provide a degree of compatibility between uses permitted in this district and those in nearby residential districts (B) Uses (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities ., .; Unit I 4 Cultural and recreational facilities Unit 5 Government Facilities Unit Agriculture 6 Mini -storage units Unit T J 13 Eating places F—u�t Transportation trades and services Unit Gasoline service stations and drive-in/drive 18 through restaurants Unit 21 Warehousing and wholesale r Unit 22 Manufacturing r Unit 25 Offices, studios and related services Unit Wholesale bulk petroleum storage facilities i 27 with underground storage tanks Unit I Clean technologies 42 (2) Conditional Uses. 1 Unit 2 City-wide uses by conditional use permit Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communications facilities Unit 38 Mini -storage units Unit 43 T Animal boarding and training G:\ETC\Development Services Review\2016\Development Review\16-5667 RZN 1918 S. Garland Ave. (Anderson) 600\03 Planning Commission\01-09-2017 (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front, when adjoining A or R districts r0 feet Front, when adjoining C, I, or P districts 25 feet Side, when adjoining A or R districts 50 feet Side, when adjoining C, I, or P districts 10 feet Rear 25 feet (F) Height Regulations. There shall be no maximum height limits in 1-1 District, provided, however, that any building which exceeds the height of 25 feet shall be set back from any boundary line of any residential district a distance of 1 foot for each foot of height in excess of 25 feet. (G) Building Area. None. (Code 1965, App. A., Art. 5(VIII); Ord. No. 2351, 6-2-77; Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79; Ord. No. 1747, 6-29-70; Code 1991, §160.039; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178,8-31-99; Ord. No. 4992, 3- 06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5472; 12-20-11; Ord. No. 5800, § 1(Exh. A), 10-6-15) G:\ETC\Development Services Review\2016\Development Review\16-5667 RZN 1918 S. Garland Ave. (Anderson) 600\03 Planning Commission\01-09-2017 16-5667 Request Letter Legal Description 1918 S Garland Ave Fayetteville, Arkansas 21-16-30 Parcel#765-15063-000 A. Property is currently owned by Justin and Jane Keen. Farrell and Kim Anderson have a contract to purchase the lot. B. We are requesting the zoning change because the property is located on a residential street and would like to use it for that purpose. C. The proposed usage would fit into the existing usage of the neighboring properties, as it will be used for housing. As far as appearance of the project it will improve the neighborhood and not cause and undue burden from traffic. There will also be no signage to contend with. D. There is a 6" sewer line in front of the property with a sewer tap available. There is also a single water meter yoke on the front of the property. E. The proposed zoning does reflect the land use proposed by the 2030 -plan. It is slated to be residential. F. The proposed zoning is justified and needed for anyone to be able to use the land._ It is currently one lot zoned I- I and would be too small to accomplish a project. It would be out of place on that side of the street. - G. There would be no appreciable increase in traffic to the area that would pose any danger to anyone. _ H. The proposed zoning would raise the density slightly because there would be residence staying on the property. The property is currently vacant due to a house fire a few years ago. L I believe the lot is too small to use for I-1 and would also be out of place to have an industrial use right between two homes currently being inhabited. 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Trail (Proposed) :RMF B2 CammwilY Selvicee Nelg„„o,„a�serv.e, L- Design Overlay District ---- – ----• RMF-tg MR YII Neg„Mr„oatl Cor¢ervalon PLANNED;M INGDISTRICTS _: Planning Area NDUI TRIAL `"”" ” NSTITUTIONAL Building Footprint Fayetteville City Limits 1 C-- �I] gr.•f16M 4MIIaotl Llg„I ln„uslM1e1 y R1 ...� S RZN 16-5667 ANDERSON Close Up View SUNCHASE CT PETTIGR✓ W ST I-1 .I Subject Property RNIF-ZS CATO SPRINGS RD Legend ' Planning Area 1 zzz ' Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint 0 75 150 RNIF,l2 IN W a z a Q RPZD RSF• 'A NORTH R,V- 2 r.. RIM F-24 Feet 1-1 Heavy Commerclal and Light Industrial Commercial, Industrial, Residential 300 450 600 P- I 1 inch = 200 feet RZN 16-5667 ANDERSON Current Land Use N Q RTH Zr -L, a- SUNCHASE CT wy'W i r , PEnIGREW ST Subject Property k "0 1.. s Fayetteville CROWNRIDGE ead start IAPTS -AT6 SPRI' _. D •; i t -016 •• Streams Street COLLECTOR ••�� Shared Use Paved Trail 11355 Trail (Proposed) M RZN16-5667 0 - IL Planning Area � Fayetteville City Limits FEMA Flood Hazard Data 100 -Year Floodplain Feet Floodway 0 75 150 300 450 600 1 inch = 200 feet S RZN 16-5667 ANDERSON Future Land Use a _a SUNCHASE CT r PETTIGREW ST w S Ct ar Subject Property CRTC] SPRINGS RD Legend Planning Area 4 _ _ _' Fayetteville City Limits Feet Shared Use Paved Trail 0 75 150 300 450 600 Trail (Proposed) Building Footprint 1 inch = 200 feet NORTH O 5 FUTURE LAND USE 2030 Complete Neighborhood Plan Non -Municipal Government NoRTHWESTARKANsAs Democrat V azette P.O. BOX 163+77, . AYE`: TE"'I_Lk: xAR, 72702 - 4!9-442-1r... ° Ax. ..rt, -6-915-1118 = Y ., r N'W' A0Gr._;, 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. 5952 Was inserted in the Regular Edition on: March 2, 2017 Publication Charges: $ 71.50 Karen Caler Subscribed and sworn to before me This 7 day ofAa.,, , 2017. / IV 4-1f4- "& Notary Public My Commission Expires: j: t ll I'Y 1VIt-EJ 3 u 1139/918 Cli Fri) 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. MA. u 9 2017 CIT" CITY File Number: 2017-0054 RZN 16-5667 (1918 S. GARLAND AVE./ANDERSON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5667 FOR ABOUT 0.32 ACRES LOCATED AT 1918 S. GARLAND AVENUE FROM I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from I -I Heavy Commercial & Light Industrial to RSF-8, Residential Single Family, 8 Units per Acre. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1 PASSED and APPROVED this 21st day of February, 2017. PASSED and APPROVED on 2/21/2017 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74042885 March 2, 2017