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HomeMy WebLinkAboutORDINANCE 6006113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6006 File Number: 2017-0564 RZN 17-5925: (820 S. GOVERNMENT AVE./BARNES): Doc ID: 017816920003 Type: REL Kind: ORDINANCE Recorded: 01/10/2018 at 08:54:10 AM Fee Amt: $25.00 Paqe 1 of 3 Washinqton County, AR Kyle Sylvester Circuit Clerk File2018-00000999 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17- 5925 FOR APPROXIMATELY 1.73 ACRES LOCATED AT 820 SOUTH GOVERNMENT AVENUE FROM RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, MSC, MAIN STREET CENTER, AND I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL 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 RMF -24, Residential Multi Family, 24 Units per Acre, MSC, Main Street Center, and I-1, Heavy Commercial & Light Industrial to 1-1, Heavy Commercial & Light Industrial. 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 11/7/2017 Attest: Sondra E. Smith, City Clerk r, ��� �• , 1 Y 0, =6;FAYETTEVILU ; dYC3���� Page 1 Printed on 1118117 17-5925 EXHIBIT "B" Part of the Northeast Quarter (NE 114) of the Northwest Quarter (NF. 114) and part of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NL- 1/4) of Section 21, in Township 16 Norih of Range 30 Thirty 'test of the Firth principal Meridian, and being more partictrlarly deseribcd as follows, to -wits Beginning at a. point on the East tine of Govemment Avenue (Cemetery Street) at an iron stake, said point being 50 feet gest and 574 feet South of the North Nest comer of Lot 14 in Block 23 of Forgusotes Addition to the City of Fayetteville, Arkansas, as per the recorded plat thereof, and running, thence East 200 feat; thence North 400 feet; thence West 200 feet to a point on E. Government Ave.; thence South along East litre of Government Ave. 400 feet to the point of beginning. And a quit claim interest in and to all land lying immediately north of the above. described real property and south of the center line of the industdal lead (north tract) of the main tract of the St. Louis and San Francisco Railroad, Washington County, AR I certify this instrument was filed on 01/10/2018 08:54:10 AM and recorded in Real Estate File Number 2 8-0 000999 Kyle Sylves#e ui by _ City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0564 Agenda Date: 11/7/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 2 RZN 17-5925: (820 S. GOVERNMENT AVE./BARNES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-5925 FOR APPROXIMATELY 1.73 ACRES LOCATED AT 820 SOUTH GOVERNMENT AVENUE FROM RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, MSC, MAIN STREET CENTER, AND I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL 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 RMF -24, Residential Multi Family, 24 Units per Acre, MSC, Main Street Center, and I-1, Heavy Commercial & Light Industrial to I-1, Heavy Commercial & Light Industrial. 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 11/8/2017 Andrew Garner Submitted By City of Fayetteville Staff Review Form 2017-0564 Legistar File ID 10/17/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/29/2017 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: RZN 17-5925: Rezone (820 S. GOVERNMENT AVE./BARNES, 562): Submitted by BOB BARNES for property at 820 S. GOVERNMENT AVE. The property is zoned RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, MSC, MAIN STREET CENTER, AND 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 1.73 acres. The request is to rezone the property to 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL. 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: V4V CITY COUNCIL AGENDA MEMO CITY Cid= FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 17, 2017 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, Planning Director FROM: Jonathan Curth, Senior Planner DATE: September 29, 2017 SUBJECT: RZN 17-5925: Rezone (820 S. GOVERNMENT AVE./BARNES, 562): Submitted by BOB BARNES for property at 820 S. GOVERNMENT AVE. The property is zoned RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, MSC, MAIN STREET CENTER, AND 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 1.73 acres. The request is to rezone the property to I- 1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL. RECOMMENDATION: The City Planning staff and Planning Commission recommend approval of an ordinance to rezone the subject property to 1-1, Heavy Commercial and Light Industrial, as shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property is located on the east side of South Government Avenue, between Martin Luther King Boulevard to the north and National Street to the south. The property is currently split zoned three ways: MSC, Main Street/Center on the northern half, RMF -24, Residential Multi- family, 24 Units per Acre on the southern half, and a sliver of 1-1, Heavy Commercial and Light Industrial, along the southeastern property line. Although the property has been developed since the 1920s, it was not annexed in to Fayetteville until 1946. Based on Washington County records and historical aerial imagery of the site since annexation, the property has been consistently used for industrial, warehousing, or transportation uses. This has continued despite the property being subject to an area -wide rezoning to a multi -family designation in the 1970s and a second rezoning to a form -based district during the Downtown Master Plan in 2006. Request: The request is to rezone the property from RMF -24, Residential Multi -family, 24 Units per Acre, MSC, Main Street/Center, and 1-1, Heavy Commercial and Light Industrial, to 1-1, Heavy Commercial and Light Industrial. The applicant has operated a trucking business on this site since 1978 and it is permitted to remain as a nonconforming use. In order to improve the property a rezoning is necessary to bring the existing use in to compliance with the zoning code. Land Use Compatibility: Historically, South Government Avenue and properties near the current rezoning request have been industrial in use and appearance. Through the decades, the area has seen redevelopment and transition from an area of manufacturing, shipping, and warehousing Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 to include a more diverse mixture of uses. Today, land uses in proximity to the subject property include a church within a former hardwood sales building, several warehouses repurposed by the University of Arkansas for arts department facilities, a recently -constructed multi -family development, the Farmers' Co-op, and some lower -density residential housing. These varying land uses make assessing compatibility with the rezoning request challenging, but staff feels that the limited land area of the property can act as its own constraint on the intensity of any development, thereby limiting adverse impacts. Given this, coupled with the many years of ongoing industrial activity at the subject property's location without documented issues, staff finds that continued use or development under the permitted uses of the 1-1 zoning district will be generally compatible with the wide spectrum of existing industrial, commercial, and residential development. Furthermore, a recent amendment to the City's industrial zoning districts allows restaurant and retail activities as permitted uses. Land Use Plan Analysis: As with determining land use compatibility, and given the subject property's dual Future Land Use Map designations of City Neighborhood Area and Complete Neighborhood Plan, assessing land use plan compatibility for the current rezoning request is difficult. While the City Neighborhood Area designation does not preclude development of heavy commercial or light industrial uses, it clearly advocates for a varying mix of nonresidential and residential uses, which the 1-1 zoning district does not permit. Despite this, not all properties within the City Neighborhood Area designation must accommodate a mix of uses, and in some instances, can promote employment opportunities adjacent to residential areas in a manner that reduces the number of vehicle trips while also taking advantage of a connecting transportation corridor. This is supported by the Downtown Master Plan when addressing the Mill District, which is loosely defined to include the properties near Martin Luther King Boulevard, between Government Avenue in the West and School Avenue in the East. The Downtown Master Plan calls for the encouragement of existing industrial uses to remain in the Mill District to provide a different type of jobs than those in the core. Given these findings, staff contends that the proposed rezoning meets the intent of City Plan 2030 and the Downtown Master Plan. DISCUSSION: On September 25, 2017, the Planning Commission forwarded the proposal to City Council with a recommendation for approval passed by a vote of 6-2-0. Commissioners Brown and Niederman voted 'no'. BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A ■ Exhibit B ■ Application ■ Planning Commission Staff Report RZN 17-5925 BARNES 17-5925 Close Up View EXHIBIT 'A' R-.4 RNIF-2-5 PUBLIC 987 NXII, INA�iT uu d L7 Ci CL' e7 t. 4 Legend Planning Area ` ' 7 ' Feet t t Fayetteville City Limits Shared Use Paved Trail 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet yLSC: M Residential -Agricultural RMF -24 1-1 Heavy Commercial and Light Industrial C-2 v < Main Street Center 394 Downtown General Community Services P-1 17-5925 =Kl: 11.1 kd"- Fart of the Northeast Quarter (SIE 1/4) of the Northwest Quarter (NE 114) and part of the Northwest Quarter (NW 114) of the Northeast Quarter (NE 114) of Section 21, in Township 16 North of Range 30 Thirty West of the Firth Principal Meridian, and being more par<icularly described as follows, to -wit: Beginning at a point on the East line of Government Avenue (Cemetery Street) at an iron stake, said point being 50 feet West and 574 feet South of the North West corner of Lot 14 in block 23 of Ferguson's Addition to the City of Fayetteville, Arkansas, as per the recorded plat thereof, and runn.ing,thence East 200 feet; thence North 400 feet; thence West 200 feet to a point on E. Govenunent Ave.; thence South along East line of Government Ave. 400 feet to the point of beginning. And a quit claim interest in and to all land lying immediately north of the above- described real property and south of the center line of the industrial lead (north tract) of the main tract of the St. Louis and San Francisco Railroad. CITY OF FAYETTEVILLE, ARKANSAS REZONING FOR STAFF USE ONLY FEE: $325.00 Date Application Submitted: Sign Fee: $5.00 Date Accepled as Complete: S -T -R: Case /Appeal Number. �' ,o Pp#. ' ry Public Hearing Date: Zone: Please till 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 isfurnished. Application: Indicate one contact person for this request: Applicant Representative Applicant (person making request): Representative (engineer, surveyor, realtor, etc.): Name: -S f rn •i. Phone: Fax: Name: Address: E-mail.• Phone: c I Fax: Site Address/ Location: Ir"5.. ski'% Current Zoning District: Re i y Requested Zoning District: Assessor's Parcel Number(s) Cor subject property: 7 j5-- /4�! Z-- COO FINANCIAL INTERESTS The following entities and / or people have financial interest in this project: March 2014 Page I 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 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. I understand that the City might not approve what 1 am applying for, or might set conditions on approval. Name fLecl}: ,� d Date: -f `''5 Signature: x0W PROPERTY OWNER(S) /A UTHORIZED AGENT: Uwe certify under penalty ofpeJu y that I am/we are the owner(s) of the property that is the subject of this application and that Uwe have read this application and consent to its filing. (Ifsigned by the outhorized agent, a letter from each property owner must be provided indicating that the agent is awhorized to act on his1her behalf.) Property Owners of Record (attach additional info tf necessary): f Name (printed): Si nature. f)atC: r' Rezoning Checklist: Phone: Address: YV0 Attach the following items to this application: (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 w W.cc ,yv s1 inf;ton.ar. is). 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 propertyshall be shown on this map. March 2014 Page 2 ctty OF EAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: City of Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner MEETING DATE: September 25, 2017 (Updated with Planning Commission Results) SUBJECT: RZN 17-5925: Rezone (820 S. GOVERNMENT AVE./BARNES, 562): Submitted by BOB BARNES for property at 820 S. GOVERNMENT AVE. The property is zoned RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, MSC, MAIN STREET CENTER, AND 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 1.73 acres. The request is to rezone the property to 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL. RECOMMENDATION: Staff recommends forwarding RZN 17-5925 to the City Council with a recommendation for approval based upon the findings herein. BACKGROUND: The subject property is located on the east side of South Government Avenue, between Martin Luther King Boulevard to the north and National Street to the south. The property is currently split zoned three ways: MSC, Main Street/Center on the northern half, RMF -24, Residential Multi- family, 24 Units per Acre on the southern half, and a sliver of 1-1, Heavy Commercial and Light Industrial, along the southeastern property line. Although the property has been developed since the 1920s, it was not annexed in to Fayetteville until 1946. Based on Washington County records and historical aerial imagery of the site since annexation, the property has been consistently used for industrial, warehousing, or transportation uses. This has continued despite the property being subject to an area -wide rezoning to a multi -family designation in the 1970s and a second rezoning to a form -based district during the Downtown Master Plan in 2006. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Church MSC, Main Street/Center South Multi -family Residential CS, Commercial Services Farmers' Cooperative; MSC, Main Street/Center; East Undeveloped (Riparian Corridor) 1-1, Heavy Commercial and Light Industrial; Parking Lot CS, Community Services University of Arkansas Property; 1-1, Heavy Commercial and Light Industrial; West Single-family Residential RMF -24, Residential Multi -family, 24 Units er Acre Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Request: The request is to rezone the property from RMF -24, Residential Multi -family, 24 Units per Acre, MSC, Main Street/Center, and 1-1, Heavy Commercial and Light Industrial, to 1-1, Heavy Commercial and Light Industrial. The applicant has operated a trucking business on this site since 1978 and it is permitted to remain as a nonconforming use. In order to improve the property a rezoning is necessary to bring the existing use in to compliance with the zoning code. Public Comment: Staff has received no public comment. INFRASTRUCTURE: Streets: The subject property has access to South Government Avenue, which has a dual classification of ST 45 along the frontage zoned MSC and Local Street along the frontage zoned RMF -24. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to this property. There is an existing 12 -inch water main within the Government Avenue right-of-way. Sewer: Sanitary Sewer is available to this property. There is an existing 8 -inch sewer line within the Government Avenue right-of-way. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portion of this property is identified as FEMA -regulated floodplain. The Tanglewood Branch stream runs north -south just offsite to the east of this property. No portions of these parcels lies 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 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood Area and Complete Neighborhood Plan in association with the Downtown Master Plan. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. The designation supports the widest spectrum of uses and encourages density of all housing types, from single-family to multi -family. Non-residential uses range in size, variety, and intensity from grocery stores and offices to churches and are typically located on corners and along connecting corridors. The Street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. 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 rezoning of the subject properties is compatible with the surrounding land uses and adopted land use plans and policies. G:\ETC\Development Services Review\2017\Development Review\17-5925 RZN 820 S. Government Ave. (Barnes) 562\03 Planning Commission\09-25-2017 Land Use Compatibility: Historically, South Government Avenue and properties near the current rezoning request have been industrial in use and appearance. Through the decades, the area has seen redevelopment and transition from an area of manufacturing, shipping, and warehousing to include a more diverse mixture of uses. Today, land uses in proximity to the subject property include a church within a former hardwood sales building, several warehouses repurposed by the University of Arkansas for arts department facilities, a recently -constructed multi -family development, the Farmers' Co-op, and some lower -density residential housing. These varying land uses make assessing compatibility with the rezoning request challenging, but staff feels that the limited land area of the property can act as its own constraint on the intensity of any development, thereby limiting adverse impacts. Given this, coupled with the many years of ongoing industrial activity at the subject property's location without documented issues, staff finds that continued use or development under the permitted uses of the 1-1 zoning district will be generally compatible with the wide spectrum of existing industrial, commercial, and residential development. Furthermore, a recent amendment to the City's industrial zoning districts allows restaurant and retail activities as permitted uses. Land Use Plan Analysis: As with determining land use compatibility, and given the subject property's dual Future Land Use Map designations of City Neighborhood Area and Complete Neighborhood Plan, assessing land use plan compatibility for the current rezoning request is difficult. While the City Neighborhood Area designation does not preclude development of heavy commercial or light industrial uses, it clearly advocates for a varying mix of nonresidential and residential uses, which the 1-1 zoning district does not permit. Despite this, not all properties within the City Neighborhood Area designation must accommodate a mix of uses, and in some instances, can promote employment opportunities adjacent to residential areas in a manner that reduces the number of vehicle trips while also taking advantage of a connecting transportation corridor. This is supported by the Downtown Master Plan when addressing the Mill District, which is loosely defined to include the properties near Martin Luther King Boulevard, between Government Avenue in the West and School Avenue in the East. The Downtown Master Plan calls for the encouragement of existing industrial uses to remain in the Mill District to provide a different type of jobs than those in the core. Given these findings, staff contends that the proposed rezoning meets the intent of City Plan 2030 and the Downtown Master Plan. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed rezoning is justified at this time, as it will allow development that is consistent with the land uses on the property and in the area that have been ongoing for decades. The subject property's current split -zoned condition is the result of two City -initiated rezonings: the first in the 1970s G:\ETC\Development Services Review\2017\Development Review\17-5925 RZN 820 S. Government Ave. (Barnes) 562\03 Planning Commission\09-25-2017 to RMF -24 and the second in 2006 to MSC. Taken in combination, these two rezonings have rendered the existing activity on the property nonconforming, with no ability to expand the business or any existing structures. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to 1-1 and R -A will not likely increase traffic danger or appreciably increase congestion at this location. While South Government Avenue is classified as a Local Street, Martin Luther King Boulevard/State Highway 180 is easily accessed to the north and is classified as a Principal Arterial. Proposed curb cuts, improvements to Government Avenue, and off- site improvements will be evaluated at the time of development. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property to 1-1 will not increase the potential for greater population density. The 1-1, Heavy Commercial and Light Industrial zoning district does not allow standalone residential uses by right. Given the location of the property near the fully -improved Martin Luther King Boulevard, with access to public street, water, and sanitary sewer, the rezoning request should not undesirably increase the load on services. Neither the Police nor Fire Departments have expressed objections to the proposal. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Staff recommends forwarding RZN 17-5925 to City Council with a recommendation for approval based on the findings discussed throughout this report. G:\ETC\Development Services Review\2017\Development Review\17-5925 RZN 820 S. Government Ave (Barnes) 562\03 Planning Comm ission\09-25-2017 PLANNING COMMISSION ACTION: Required YES Date: September 25, 2017 O Tabled ® Forwarded O Denied Motion: Quinlan Second: Hoffman Vote: 6-2-0, Brown and Niederman voted 'no' CITY COUNCIL ACTION: Required YES Date: Oct.17 (tentative) O Approved O Denied BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.16, RMF -24, Residential Multi -family, 24 Units per Acre o §161.27, MSC, Main Street/Center o §161.30, 1-1, Heavy Commercial and Light Industrial . • Request Letter • Downtown Master Plan - Illustrative Map ■ Downtown Master Plan — Previous Zoning Designations • One Mile Map • -Close-Up Map • Current Land Use Map • Future Land Use Map G:\ETC\Development Services Review\2017\Development Review\17-5925 RZN 820 S. Government Ave. (Barnes) 562\03 Planning Commission\09-25-2017 161.16 - District RMF -24, Residential Multi -Family - Twenty -Four (24) Units Per Acre (A) Purpose. The RMF -24 Multi -family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 I Cultural and recreational facilities Unit 5 ) Government facilities Unit 11 I! Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre 1 24 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home park 50 feet Single-family 35 feet Two-family 35 feet Three or more 70 feet Professional offices 100 feet G:\ETC\Development Services Review\2017\Development Review\17-5925 RZN 820 S. Government Ave. (Barnes) 562\03 Planning Commission\09-25-2017 (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 3,000 square feet Two (2) family 4,000 square feet Three (3) or more 7,000 square feet Fraternity or Sorority 2 acres Professional offices 1 acres (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet (E) Setback Requirements. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side Side Rear Rear Other Single & Other Single Uses Two (2) Uses Family Family 8 feet 5 feet. 20 feet 5 feet (F) Building Height Regulations. Building Height Maximum 30/45/60 feet" *A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of 30 feet, between 10-20 feet from the master street plan right-of-way a maximum height of 45 feet and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 60 feet. Any building which exceeds the height of 20 feet shall be set back from any side boundary line of an adjacent single family district, an additional distance of 1 foot for each foot of height in excess of 20 feet. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(111); Ord. No. 2320, 4-6-77; Ord. No. 2700,2-2-81; Code 1991, §160.033; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; Ord. No. 5224, 3-3- 09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5495, 4-17-12; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, § 1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§ 5, 8, 9, 1-17-17) G:\ETC\Development Services Review\2017\Development Review\17-5925 RZN 820 S. Government Ave. (Barnes) 562\03 Planning Commission\09-25-2017 161.27 - 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 Unit 10 Three (3) and four (4) 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 41 Accessory dwellings Unit 44 Cluster 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 halls 29 G:\ETC\Development Services Review\2017\Development Review\17-5925 RZN 820 S. Government Ave. (Barnes) 562\03 Planning Commission\09-25-2017 Unit A build -to zone that is located Outdoor music establishments 35 line 25 feet from the front property Unit F Wireless communication facilities 36 Rear 5 feet Unit Sidewalk Cafes 40 an alley Unit Clean technologies 42 (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling (all unit types) 18 feet (2) Lot Area Minimum. None. (E) Setback Regulations. (F) Minimum Buildable Street Frontage. 75% of lot width. (G) Building Height Regulations. Building Height Maximum 56/84 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; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§ 5, 7-9, 1-17- 17) G:\ETC\Development Services Review\2017\Development Review\17-5925 RZN 820 S. Government Ave. (Barnes) 562\03 Planning Commission\09-25-2017 A build -to zone that is located Front between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of 12 feet an alley (F) Minimum Buildable Street Frontage. 75% of lot width. (G) Building Height Regulations. Building Height Maximum 56/84 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; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§ 5, 7-9, 1-17- 17) G:\ETC\Development Services Review\2017\Development Review\17-5925 RZN 820 S. Government Ave. (Barnes) 562\03 Planning Commission\09-25-2017 161.30 - 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 City-wide uses by right 1 Unit Public protection and utility facilities 3 Unit Cultural and recreational facilities I 4 Unit Government Facilities 5 Unit Agriculture 6 Unit Eating places 13 Unit Transportation trades and services ! 17 Unit Gasoline service stations and drive-in/drive 18 through restaurants Unit Warehousing and wholesale_ 21 Unit Manufacturing 22 Unit Offices, studios and related services 25 Unit Wholesale bulk petroleum storage facilities 27 with underground storage tanks Unit Clean technologies 42 (2) Conditional Uses. 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 G:\ETC\Development Services Review\2017\Development Review\17-5925 RZN 820 S. Government Ave. (Barnes) 562\03 Planning Commission\09-25-2017 Unit 43 Animal boarding and training (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front, when adjoining A or R districts 50 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 F10 feet Rear 1 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(VI11); 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 G:\ETC\Development Services Review\2017\Development Review\17-5925 RZN 820 S. Government Ave. (Barnes) 562\03 Planning Commission\09-25-2017 August 16, 2017 Mr. Harry Davis Planner City of Fayetteville 125 W. Mountain St. Fayetteville, AR 72701 Mr. Davis, I wantto thankyou and Mr. Gardner for you advice on our property located on South Government Avenue in Fayetteville. I have enclosed the rezoning application and fees with this letter. Please accept this letter as response to page 3,section 5 of the rezoning outline. The subject property is owned by the Barnes Family Trust since 1977. No sale of the property is pending or planned. Rezoning is requested to allow the installation of a canopy, or covered carport, to obtain a shaded and dry outdoor working area. We may also consider erection a warehouse building similar to the one currently on the site, to allow a year round work area,. The purposed rezoning will not change our trucking operation. It will not increase the volume of traffic to and from the site. No signage is presently used and none is planned. We will be doing the same business, thatwe have done since 1977 on the sight, but with a more friendly working environment. I feel the rezoning will help us continue our business until our retirement. I hope this addresses the purpose of the rezoning and the effect on the site. ThankYou Bob Barnes RZN 17-5925 RD BARNES TRUCKING,LLC Request PO Box 988 letter Farmington,AR 72730 479.521.3511 479.521.8588 FAX rdbarnestrucking@gmaii.com August 16, 2017 Mr. Harry Davis Planner City of Fayetteville 125 W. Mountain St. Fayetteville, AR 72701 Mr. Davis, I wantto thankyou and Mr. Gardner for you advice on our property located on South Government Avenue in Fayetteville. I have enclosed the rezoning application and fees with this letter. Please accept this letter as response to page 3,section 5 of the rezoning outline. The subject property is owned by the Barnes Family Trust since 1977. No sale of the property is pending or planned. Rezoning is requested to allow the installation of a canopy, or covered carport, to obtain a shaded and dry outdoor working area. We may also consider erection a warehouse building similar to the one currently on the site, to allow a year round work area,. The purposed rezoning will not change our trucking operation. It will not increase the volume of traffic to and from the site. No signage is presently used and none is planned. We will be doing the same business, thatwe have done since 1977 on the sight, but with a more friendly working environment. I feel the rezoning will help us continue our business until our retirement. I hope this addresses the purpose of the rezoning and the effect on the site. ThankYou Bob Barnes It It (c son St tmm 5 Fit L -J L > 777 ;era Ur, LIJ T 7-1 1 Qr' 2 I ON TAF pit 111 ..... =10 Cn Martin Luther Kin 01- Blvd Subject 53 Property ■ FAYETTEVILLE DOWNTOWN MASTER PLAN Cm, of I 1c, A,kw—, hi,Ai-d R,ddl'L I W.1 W, 3S3Nf59 :L1UPy z AYsA:j�4hrn{ � z Ionia i'IE1�{1J W J J_ W W I==■ ME lb 9 INSION 1 � i~�L I ^ a E O C 3 L N 0. ''' Isom %7 O T T T (U � ° E E E O m E O C E U N N N 7 W C U m O rn U U (n 0 ImaN+ C O' '71 'E i N m L c m 3 E O 7 cu C m N a� y � 7. 7 2 'C uj ,O 7) U C O O V O O 0 7 OO N L N O 0 4).2) N a) O N H U 2 0� LL LL LL C �0UUU�7���� 04 co 9 ,i I N �, � � a RZN17-5925 BARNES One Mile View 0 0.125 0.25 0.5 Miles a IY R.0 Subject Property Is r . Nf'4G BLV.rn p ""`" C-i� 11-241"% x n IN = I, C f, LU 1-2 a a P �G VI`iC' t_l s N R A R- Zanrne EXTRACTION RESIDENTIAL SINGLE-FAMILY M E I ea Legend gnu0ura cr COMMERCIAL Cnce Fs u RSFt C 2 Planning Area RSF 4 MG3 • - FORM BASED DISTRICTS r Fayetteville City Limits 21' 11 GonrT»nGnre L — r RESIDENTIAL MULTI/ -FAMILY � M ra�"orroro en i a sl ee GCenlerle Shared Use Paved Trail �MF2fiRee e. elamrY oom�uelysanr=� R"12 Negnparnooe serrces Q R.1 Neg�OornmO Canservalron Trail (Proposed) -- RMF 21 PLANNED ZONING DISTRICTS Planning Area ^'R F 0 nmme a Re ReaWenr Building Footprint INDUSTRIAL INSTITUTIONAL as Fayetteville City Limitsa�Lg11ntl� RZN 17-5925 Close Up View R Id F -2a BARNES BS 9 4 C7 C7 C-2 W CHESmRE CT PUBLIC 987 Legend Planning Area t Fayetteville City Limits l — — Shared Use Paved Trail Building Footprint NATIONAL ST Feet 0 75 150 300 450 600 1 inch = 200 feet NIA, No A ' NORTH Residential -Agricultural RMF -24 1-1 Heavy Commercial and Light Industrial C-2 Main Street Center Downtown General Community Services P-1 W Q F W CS 5 Z x W Q PUBLIC 987 Legend Planning Area t Fayetteville City Limits l — — Shared Use Paved Trail Building Footprint NATIONAL ST Feet 0 75 150 300 450 600 1 inch = 200 feet NIA, No A ' NORTH Residential -Agricultural RMF -24 1-1 Heavy Commercial and Light Industrial C-2 Main Street Center Downtown General Community Services P-1 RZN 17-5925 BARNES Current Land Use NORTH ow ft �! � � .� �.A. • � ' �' � � : 111 �` �.. , r t J ''• ! r Lu J MARTIN LUTHER KING HLVAD w ' f i 1 � •y I � ..�.av � h i 1 � ''' � ltii— S s ub'ect Property rrmers Co-op.�-?, . � U of A Art &Design District _ ti r ter ?tib I;.- : ' ` 'ALt EY T99 toJ-a:J, �` �+ i ` �• CHESHIRE' T -`�' -,.,..ter.• -" ` j z LU t Varsity House 1 -- ---- Z% Apts. r National Cemetery .� ` h►A TlONAL STr + U , . to ys of ` m+ -V L FEMA Flood Hazard Data Streets Existing :On -Year Floodpla t, MSP Class Feet 4 ioelway PRINCIPAL ARTERIAL Planning Area 0 75 150 300 450 600 1 inch = 200 feet Fayetteville City Limits RZN17-5925 BARNES Future Land Use NORTH ALLEY 799 Legend S Planning Area t zzz Fayetteville City Limits Shared Use Paved Trail Building Footprint MARTIN LUTHER KING: BLVD (7 CHESHIRE CT w 4 F - z z tr w 0 PUBLIC 987 r '0 NATIONAL ST D m Feet 0 75 150 300 450 600 1 inch = 200 feet FUTURE LAND USE 2030 Residential Neighborhood Area City Neighborhood Area Complete Neighborhood Plan Civic and Private Open Space/Parks NoRTHWESTARKANsAs fteFile De Ocrat7VIIl�aze RECEIVED DEC 12017 CITY OF FRK, OFFICE Ordinance:6006 Number: 2017-05G RZN 17-5925: (820 S. GOVERNMENT AVE./BARNES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING �_ . .... ....... ... �.,.w... .:..�.... _ 2 ... ...� . , .. ... �..�.. „ . Al PETITION RZN 17-5925 FOR APPROXIMATELY 1.73 ACRES LOCATED AT 820 SOUTH GOVERNMENT AVENUE FROM RMF - AFFIDAVIT OF PUBLICATION 24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, MSC, MAIN STREET CENTER, AND I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL I Karen Caler, do solemnly swear that I am the Le al Clerk of the g TO HEAVY COMMERCIAL & Northwest Arkansas Democrat -Gazette, printed and in LtGHT INDUSTRIAL BE IT ORDAINED BY THE CITY published Washington County and Benton County, Arkansas, and of bona nde COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: circulation, that from my own personal knowledge and reference Section 1. That the City Council of the City Fayetteville, of Arkansas hereby changes to the files of said publication, the advertisement of: the Zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the CITY OF FAYETTEVILLE Planning Department's Agenda Memo from RMF -24, Residential Multi Family, 24 Ord. 6006 Units per Acre, MSC, Main Street Center, and I-1, Heavy Commercial & Light Industrial to I-1, Heavy Commercial & Was inserted in the Regular Edition on: Light Industrial. Section 2. That the city Council of the city of Fayetteville, Arkansas hereby amends I the official zoning map of the City of November 16, 2017 Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 11/7/2017 Publication Charges: $ 79.30 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer Va4rCUaler 74344219 Nov. 16, 2017 Subscribed and sworn to before me This 177 day of )I vv/, 2017. Notary Public t_ My Commission Expires: Zf k CATHY WILES Arkansas - Penton Cotmtlr 1 .. Notary Public - Comm# 12397113 My Commission Expires Feb 20, 2024 * *NOTE* * Please do not pay from Affidavit. Invoice will be sent.