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HomeMy WebLinkAboutORDINANCE 6025M 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6025 File Number: 2017-0761 RZN 17-5997 (690 W. WHILLOCK ST./MOLDENHAUER): Doc ID: 017928780003 Type: REL Kind: ORDINANCE Recorded: 03/26/2018 at 08:51:56 AM Fee Amt: $25.00 Paqe 1 of 3 Washinqton County, AR Kyle Sylvester Circuit Clerk File2018-00008224 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17- 5997 FOR APPROXIMATELY 0.54 ACRES LOCATED AT 690 WEST WHILLOCK STREET FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI -12, RESIDENTIAL INTERMEDIATE, 12 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 RSF-4, Residential Single Family, 4 units per acre to RI -12, Residential Intermediate, 12 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 1/2/2018 Attest: Page 1 Printed on 113118 � ►���1 Sondra E. Smith, City Clerk Treasurer-00+11Op l ��CJ • S „'. Page 1 Printed on 113118 RZN 17-5997 I MOLDENHAUER 1 17-5997 Close Up View Legend Hillside -Hilltop Overlay District Planning Area L _ Fayetteville City Limits I Design Overlay District Building Footprint RS -a Feet 0 75 150 300 450 600 1 inch = 200 feet EXHIBIT W A& NORTH 17-5997 EXHIBIT `B' PT NE NW .60 A. FURTHER DESCRIBED FROM 2014-32956 AS: Part of the NE 114 of the NW 114 of Section 33, Township 16 North, Range 30 West of the STH P.M. described as beginning at a poin which is 525 feet East of the Northwest corner of said forty acre tract; thence South 200 feet; thence East 105 feet; thence North 200 feet; thenoe West 105 feet to the place of beginning, containing 112 acre, more or less. Washington County, AR I certify this instrument was filed on 03/26/2018 08:51:56 AM and recorded in Real Estate File Number 2018-00008224 Kyle Sylvester - Ci it Clerk by City of Fayetteville, Arkansas 113 West Mountain Street L Fayetteville, AR 72701 .,r �j;� (479) 575-8323 � t4, i,, %f p� Text File File Number: 2017-0761 Agenda Date: 1/2/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: D. 5 RZN 17-5997 (690 W. WHILLOCK ST./MOLDENHAUER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-5997 FOR APPROXIMATELY 0.54 ACRES LOCATED AT 690 WEST WHILLOCK STREET FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI -12, RESIDENTIAL INTERMEDIATE, 12 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 RSF-4, Residential Single Family, 4 units per acre to RI -12, Residential Intermediate, 12 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 1/3/2018 Andrew Garner City of Fayetteville Staff Review Form 2017-0761 Legistar File ID 1/2/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/15/2017 City Planning/ Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: RZN 17-5997: Rezone (690 W. WHILLOCK ST./MOLDENHAUER, 717): Submitted by TIM MOLDENHAUER for property at 690 W. WHILLOCK ST. The property is zoned RSF-4; RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.54 acres. The request is to rezone the properties to RI -12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. 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: •I CITY COUNCIL AGENDA MEMO CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 2, 2018 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, Planning Director FROM: Quin Thompson, Current Planner DATE: December 15, 2017 SUBJECT: RZN 17-5997: Rezone (690 W. WHILLOCK ST./MOLDENHAUER, 717): Submitted by TIM MOLDENHAUER for property at 690 W. WHILLOCK ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.54 acres. The request is to rezone the properties to RI -12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. RECOMMENDATION: The City Planning staff and Planning Commission recommend approval of an ordinance to rezone the subject property to RI -12, as shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The property is located on the north side of Whillock Street, east of south School Street. The site contains a 1,889 square foot concrete block building constructed in the 1948. The building has been used as a church, and appears to have been constructed for that use. The property contains approximately 0.54 acres, and is zoned RSF-4, Residential Single-family. The property is surrounded by a variety of land uses including single-family, two-family, and undeveloped land. Request: The property owner requests to rezone the property to RI -12, Residential Intermediate/12 units per acre., as shown on Exhibit'B'. Land Use Compatibility: The proposed zoning is compatible with surrounding land uses, currently a variety of parcel sizes and shapes developed with a combination of single and two-family homes. The RI -12 zoning district would allow the subject property to be divided into two lots, on which 1,2,3, or 4 units could be constructed. The practical limit of units is considerably lower, however. The Property was developed as a church several decades ago. As such, the property is recognized as an area with an established use of greater intensity than the remainder of the surrounding neighborhood; the higher density zoning would be compatible with the character of the neighborhood. Land Use Plan Analysis: The proposal is consistent with the goals of the City Plan 2030 Future Land Use Map, which designates this property as City Neighborhood Area. City Neighborhood Area anticipates a wide variety of land uses, including dense residential development and commercial uses where Mailing Address: 113 W. MOUntain Street waww.fayetteviiie-ar.gov Fayetteville, AR 72701 appropriate. The proposed zoning allows development patterns that encourage traditional town forms intended to decrease vehicle trips and create walkable environments over time. DISCUSSION: On December 11, 2017, the Planning Commission forwarded the proposal to City Council with a recommendation for approval by a vote of 7-0-0. No public comment was made. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A ■ Exhibit B ■ Application ■ Planning Commission Staff Report RZN 17-5997 M 0 L D E H H A u E R 17-5997 Close up view EXHIBIT 'A' Subject Property RSF-4 WHYLLOCK 5T Legend Hillside -Hilltop Overlay District - ` Planning Area — Fayetteville City Limits I Design Overlay District Building Footprint Feet 0 75 150 300 450 600 1 inch = 200 feet A& NORTH 17-5997 EXHIBIT 'B' PT NE NW .50 A. FURTHER DESCRIBED FROM 2014-32955 AS: Part of the NE 1/4 of the NW 114 of Section 33, Township 16 North, Rama 30 West of the 5TH P.M. described as beginning at a poi which is 525 feet East of the Northwest corner of said forty acre tract; thence South 200 feet; them East 105 feet; thence North 200 feet; thence West 105 feet to the place of beginning, containing 112 acre, more or less. CITY OF FAYETTEVILLE, ARKANSAS REZONING FOR STAFF USE ONLY FEE: $325.00 Date Application Submitted: Sign Fee: $5.00 Date Accepted as Complete: S -T' R: Case /Appeal Number.,!i ��(�% PP#: Public Hearing Date: ✓ ` Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on lire Planning Commission agenda until this information is furnished. Application: Indicate one contact person for this request: X_ Applicant Representative Applicant (person making request). Name: Representative (engineer, surveyor, realtor, etc.): Moldenhauer Real Estate Inc Tim Moldenhauer Address -4102 N Mall Ave, Suite 201 Favetteville AR. 72703 E-mail: tim@sellingnwa.com Phone: ( 479 ) 790-1683 Fax: Site Address / Location: 690 W WHILLOCK ST Current Zoning District: RSF-4 Assessor's Parcel Number(s) for subject property: FINANCIAL INTERESTS Name: Address: E-mail: Phone: Pax: Requested Zoning District: RI -12 765-15503-000 The following entities and / or people have financial interest in this project: Moldenhauer Real Estate Inc Murch 2014 Page 1 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. 1 understand that the City might not approve what I am applying for, or might set conditions on approval. Name (printed): Tim Moldenhauer Date: 10/24/2017 PROPERTY OWNER(S)/AUTHORIZEDAGENT: I/we certify under penalty of perjury that I 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 /eller front each property oivner must be provided indicating that the agent is authorized to act on hisArer behalf.) Property O►vners of Record (attach additional info if necessary): Name (printed): Moldenhauer Real Estate Inc Address: 4102 N Mall Ave, Suite 201 _ Fayetteville AR 72703 Phone: Date: 10/24/2017 (479 ) 790-1683 Name (printed): Address: Signature: Phone: Date: ( ) Rezoning Checklist: Attach the follotiving 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 www.c,o.washington.anus). 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 shall be shown on this map. March 2014 Page 2 IWA CITY OF FAY ETTEVILLE ARKANSAS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Quin Thompson, Planner _Doelr,vor-.�017 UPDATE 12-15-2017 SUBJECT: RZN 17-5997: Rezone (690 W. WHILLOCK ST./MOLDENHAUER, 717): Submitted by TIM MOLDENHAUER for property at 690 W. WHILLOCK ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.54 acres. The request is to rezone the properties to RI -12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN 17-5997 to the City Council with a recommendation of approval, based on the findings herein. BACKGROUND: The property is located on the north side of Whillock Street, east of south School Street. The site contains a 1,889 square foot concrete block building constructed in the 1948. The building has been used as a church, and appears to have been constructed for that use. The property contains approximately 0.54 acres, and is zoned RSF-4, Residential Single-family. The property is surrounded by a variety of land uses including single-family, two-family, and undeveloped land. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Commercial/Single- Zoning RSF-4, Residential Single-Family/C2, North family/Undeveloped Thorou hfar/e Commercial South Two-family Homes RSF-4, Residential Single -Family East Single-family Homes/ Two-family RSF-4, Residential Single -Family Homes Single-family Homes RSF-4, Residential Single -Family West DISCUSSION: Request: The property owner requests to rezone the property to RI -12, Residential Intermediate/12 units per acre. Public Comment: Staff has received no public comment. INFRASTRUCTURE: Mailing Address: anning Commission C] ember 11, 2017 113 W. Mountain Street www.fayetteveA%R@Y 7 Fayetteville, AR 7.2701 17-5997 Moldenhauer Page 1 of 16 Streets: The subject parcel has access to West Whillock Street. Whillock Street is an unapproved two lane asphalt street with no sidewalk, no curb and gutter, and no storm drains. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the site. There is a 6 -inch main along West Whillock Street. Sewer: Public sewer is available to the site. There is a 8 -inch main along West Whillock Street. Drainage: No portion of this property is identified as FEMA regulated floodplains. No part of the parcel lies within the HHOD. There are no protected streams on this parcel. There are no hydric soils identified on this parcel. Any additional improvements or requirements for drainage will be determined at time of development. Fire: The Fire Department had no comment. Police: The Police Department had no comment. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single family to multi -family. City Neighborhood Areas encourage complete, compact and connected neighborhoods and non-residential uses are intended to serve the residents of Fayetteville, rather than a regional population. While they encourage dense development patterns, they do recognize existing conventional strip commercial developments and their potential for future redevelopment in a more efficient urban layout. City Neighborhood Guiding Policies: a. Protect adjoining properties from the potential adverse impacts associated with non- residential uses adjacent to and within residential areas with proper mitigation measures that address scale, massing, traffic, noise, appearance, lighting, drainage, and effects on property values. b. Provide non-residential uses that are accessible for the convenience of individuals living in residential districts and where compatibility with existing desirable development patterns occurs. c. Reduce the length and number of vehicle trips generated by residential development by enhancing the accessibility to these areas; encourage walkability as part of the street function. 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: The proposal to rezone the property to the RI -12 zoning district will allow the property to be developed with moderate density residential uses that are consistent with City policies and goals for the neighborhood. Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7 (Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer Page 2 of 16 Land Use Compatibility: The proposed zoning is compatible with surrounding land uses, currently a variety of parcel sizes and shapes developed with a combination of single and two-family homes. The RI -12 zoning district would allow the subject property to be divided into two lots, on which 1,2,3, or 4 units could be constructed. The practical limit of units is considerably lower, however. The Property was developed as a church several decades ago. As such, the property is recognized as an area with an established use of greater intensity than the remainder of the surrounding neighborhood; the higher density zoning would be compatible with the character of the neighborhood. Land Use Plan Analysis: The proposal is consistent with the goals of the City Plan 2030 Future Land Use Map, which designates this property as City Neighborhood Area, which anticipates a wide variety of land uses, including dense residential development and commercial uses where appropriate. The proposed zoning allows development patterns that encourage traditional town forms intended to decrease vehicle trips and create walkable environments overtime. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds the proposed rezoning from low density residential zoning to an intermediate density is justified. This is due in part because the property contains an institutional building that has been vacate for several years and is apparently not suited to single-family residential use. The proposal will create opportunity for appropriate infill development, the first goal of City Plan 2030. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has direct access to Whillock Street, a partially improved two lane, dead end street with low traffic volumes. The proposed zoning would allow uses likely to increase traffic in the area, but staff finds that development is unlikely to contribute to traffic danger and congestion at this location. 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 RSF-4 to RI -12 will allow residential development at increased residential densities more than is currently allowed, however that development should not undesirably increase the load on public services. The Police and Fire Departments have expressed no objections to the proposal. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: Planning Commission December 11. 2017 G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7 (Moldenhauer) 717\03 Planning Comm ission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer Page 3 of 16 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 17-5933 to the City Council with a recommendation for approval as proposed. RECOMMENDED MOTION: "I move to forward RZN 17-5997 to the City Council with a Planning Commission recommendation of approval." PLANNING COMMISSION ACTION: Required YES Date: December 11, 2417 O Tabled M Forwarded O Denied Motion: HOFFMAN, MOTION TO FORWARD AS RECOMMENDED BY STAFF. Second: SCROGGIN Vote: 7-0-0 CITY COUNCIL ACTION: Required YES Date: January 2, 2017 O Approved O Denied BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07, RSF-4, Residential Single-family/4 units per acre o §161.11, RI -12, Residential Intermediate 12 Units per acre • Fire Department Comments • Request Letter • Proposed Rezoning Exhibit • One Mile Map • Close Up Map • Current Land Use Map • Future Land Use Map Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7 (Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer Page 4 of 16 UDC SECTIONS 161.07 - District RSir-4, Residential Sinctle-Falmily Four (4) Units Per ,acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (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 dwellings permit Units per 4 or less Public protection and utility Unit 3 facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit Limited business 12a Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single- Two (2) family family dwellings dwellings Units per 4 or less 7 or less acre Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7 (Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer Page 5 of 16 (D) Bulk and Area Regulations. Lot minimum width Lot area minimum Land area per dwelling unit Hillside Overlay District Lot minimum width Hillside Overlay District Lot area minimum Land area per dwelling unit Single-family Two (2) dwellings family dwellings 70 feet 80 feet 8,000 12,000 square feet square feet 8,000 6,000 square square feet feet 60 feet 70 feet 81000 12,000 square feet square feet 8,000 6,000 square square feet feet (E) Setback Requirements. Front Side 15 feet 5 feet (F) Building Height Regulations . Building Height Maximum Rear 15 feet 45 feet Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St Agenda Item 7 (Moldenhauer) 717\03 Planning Comm ission\12-11-201Acorn ments and Redlines 17-5997 Moldenhauer Page 6 of 16 161.11 - District RI -12, Residential Intermediate, Twelve (12) Units Per Acre (A) Purpose. The RI -12 Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a development potential between low density and medium density with less impact than medium density development, to encourage the development of areas with existing public facilities and to encourage the development of a greater variety of housing values. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit Three (3) and four (4) family 10 dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development (2) Conditional Uses. City-wide uses by conditional use Unit 2 permit Public protection and utility Unit 3 facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit Limited business 12a Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre 12 Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7 (Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer Page 7 of 16 (D) Bulk and Area Regulations. Single- Two (2) Three (3) family family family Lot width 50 feet minimum Lot area 5,000 minimum square feet 50 feet 90 feet 7,260 10,890 square square feet feet. (E) Setback Requirements. (F) Building Height Regulations. Building height maximum 30/45 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. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of 45 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(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7 (Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer Page 8 of 16 Side Side Rear Rear Front Other Single & Other Single Uses Two (2) Uses Family family A build -to zone that is located between the front property 8 feet 5 feet 20 feet 5 feet line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 30/45 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. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of 45 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(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7 (Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer Page 8 of 16 Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18- 13; Ord. No. 5664, 2-18-14; Ord. No. 5800, § 1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§4, 8, 9, 1-17-17) Height Regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178,8-31-99; Ord. No. 4858, 4-18-06; 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; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §8, 1- 17-17) Planning Commission December 11. 2017 G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7 (Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer Page 9 of 16 CITY OF Ta%y--Ile jfL,^�,, 1MJ ARKANSAS TO: Quin Thompson, Planner CC: Assistant Chief Harley Hunt, Fire Marshal Battalion Chief Brian Sloat, Deputy Fire Marshal FROM: Rodney Colson, Fire Protection Engineer DATE: December 6, 2017 SUBJECT: RZN 17-5997: Rezone (690 W. Whillock St./Moldenhauer, 71 The Fire Department has no issues with the rezoning request. Fire access, water supply, and fire protection will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. FAYETTEVILLE FIRE MARSHAL'S OFFICE Deae vm1, 2017 833 N. Crossover Road lr�vs�w fa ettev�'-A66 31, ern 7 �` R��1��'a•'Item 7 Fayetteville, AR 72.701.2701 17-5997 Moldenhauer Page 10 of 16 .. �1 � 1 _•—_^•e-•�wtr.�-may,-.yy_. �'»�..svc. �i �'y�\..+ .' i n 7 - r4• y r r - r *�� � yrs• �..�, I 4 \ . ., �. , _ - s^ � ; �i r. y-Y,T�'c.*: •�. ,amt � ,.�`; ti,.,r, r,: _ ,Y a f, - _ ,� .fir �.�:. r � ,� ;}•' fr! � - _ _ �, •r 'Aft." i { ' r � .'•. Win• - Rr'� , �fi. a � � Wit.:. �, �� ��• ' .; •�'.. ._ - .` � �� � � ` mow, 1 � ..�� . �}�^T �b{�_-..t.o,•,+.�, fel � � � .. • 4 e • r •_ '��` 'r ' d '� +�- rte( ' } .y� i .c of { f , . C October 24, 2017 Fayetteville Planning Commission To Whom It May Concern, Please accept this request to rezone 690 W Wilcock St, 765-15503-000. The current zoning is RSF-4 and the desired zoning is RI -12, 5incerei Tim Moldenhauer Moldenhauer Real Estate Inc 479-790-1683 Planning Commission December 11, 2017 Agenda Item 7 17-5997 Moldenhauer Page 12 of 16 Agenda Item 7 17-5997 Moldenhauer Page 13 of 16 Agenda Item 7 17-5997 Moldenhauer Page 14 of 16 Agenda Item 7 17-5997 Moldenhauer Page 15 of 16 Agenda Item 7 17-5997 Moldenhauer Page 16 of 16 RECEIVED NoRTHWESTARKANsm CIT Democrat V One& C11 AFFIDAVIT OF PUBLICATION I Cathy Wiles, 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. 6025 Was inserted in the Regular Edition on: January 11, 2018 Publication Charges: $ 71.50 �A� " Cathy Wiles Subscribed and sworn to before me This _ I�day o�� 12018. "NO V\0RA ® ypT AF'sYAl 4otary Public%s My Commission Expires: S -.4(0/cz m v ,a **NOTE** Please do not pay from Affidavit. Invoice will be sent. . r, � Numb'- 2W-0761 19 5997' (690 W. WHILLOCK ST./MOLDENHAUER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-5997 FOR APPROXIMATELY 0.54 ACRES LOCATED AT 690 WEST WHILLOCK STREET FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI -12, RESIDENTIAL INTERMEDIATE, 12 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 RSF4, Residential Single Family, 4 units per acre to RI -12, Residential Intermediate, 12 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 1/2/2018 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74393694 Jan. 11. 2018