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HomeMy WebLinkAboutORDINANCE 6107 , , . . r =;� 1111 11111 111111111 IIIIIIOII I 1 ',, ,,-,1, , Doc ID: 018653820005 Type: REL Kind: ORDINANCE 'll - # Recorded: 06/24/2019 at 03:36:06 PM 'if" Fee Amt: $35.00 Page i of 5 4RKAss0 Washington County, AR Kyle Sylvester Circuit Clerk 113 West Mountain Street File20 19-00018 2 6 8 Fayetteville,AR 72701 (479)575-8323 Ordinance: 6107 ARCHIVED File Number: 2018-0556 RZN 18-6374: (207 W. LAFAYETTE ST./HATFIELD): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18-6374 FOR APPROXIMATELY 0.14 ACRES LOCATED AT 207 WEST LAFAYETTE STREET FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE-URBAN SUBJECT TO A BILL OF ASSURANCE 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 N C, Neighborhood Conservation to RI-U, Residential Intermediate-Urban subject to the attached Bill of Assurance (Exhibit C). 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 11/8/2018 Appro ed: Attest: \A4.14., ,arpigio-iii./. jet_rilyt_e2 &-- L,,A.,,,,,,,,.,,,,,, .4-4t,„ Lioneld Jor• ' or Sondra E. Smith,City Clerk Treast�?,e�t': G 'c •.� =U:FAYETTEVILLE: itt ii %yd',/T/P,.. A'A NSP J=�. la',?7-(5A.Cg‘` Page 1 Printed on 11VEr J RZN 18-6374 HATFIELD 18-6374 Close Up View EXHIBIT 'A' RSI -4 DICKSON ST Subject Proper 0 Legend ' ' Planning Area ' - - Feet ' Fayetteville City Limits Design Overlay District 0 75 150 300 450 Building Footprint 1 inch = 200 feet C:I8I9, INGI ��� Zoning Acres RI -U 0.1 Total 0.1 EXHIBIT 'B' RZN 18-6374 LOT NUMBERED TWO (2) IN BLOCK NUMBERED EIGHT (8) IN COUNTY COURT ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN BY THE PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY. ARKANSAS. EXHIBIT 'C' RZN 18-6374 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") Sterling Hamilton , hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to _UU-08 Single Family residential 2. Other restrictions including number and type of structures upon the property are limited to Two UU-08 Single Family Dwelling Units _ _ _ 3. Specific activities will not be allowed upon petitioner's property include 4. (Any other terms or conditions) 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, , as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. ?121 i 1 � Date �1Q W • ! � AddressLet 7 ,O r <1eT1j/04 Z4 Printed Name i ature NOTARY OATH STATE OF ARKANSAS } } .ss COUNTY OF WASHINGTON } d no on this the day ofS��Mnbl,k, ppeared before me, �L t a Notary Public, anU after being placed upon his/her oath swore or affirms at he/she agreed with the terms of the above Bill of Assurance and signed his/her names nhnvP My Commission Expires: rv&Lc� L� W\ N T RY PUBLIC OFFICIAL SEAL MANDI McGUIRE NOTARY PUBLIC ARKANSAS WASHINGTON COUNTY COMMISSION # 12375657 COMMISSION EXP 12JI5'2020 Washington County, AR I certify this instrument was filed on 0612412019 03'.36:06 PM and recorded in Real Estat6e$ File Number 2019-0001 I Ky1e Sylvester - Circuity by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0556 Agenda Date: 11/8/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: D. 6 RZN 18-6374: (207 W. LAFAYETTE ST./HATFIELD): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18-6374 FOR APPROXIMATELY 0.14 ACRES LOCATED AT 207 WEST LAFAYETTE STREET FROM NC, NEIGHBORHOOD CONSERVATION TO RI -U, RESIDENTIAL INTERMEDIATE -URBAN SUBJECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from NC, Neighborhood Conservation to RI -U, Residential Intermediate -Urban subject to the attached Bill of Assurance (Exhibit Q. 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 11/912018 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2018-0556 Legistar File ID 11/8/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/19/2018 DEVELOPMENT SERVICES (620) Submitted Date Action Recommendation: Division / Department RZN 18-6374: Rezone (207 W. LAFAYETTE ST./HATFIELD, 484): Submitted by STERLING HAMILTON for property located at 207 W. LAFAYETTE ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.14 acres. The request is to rezone the property to RI -U, RESIDENTIAL INTERMEDIATE -URBAN, subject to a Bill of Assurance. Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: V20180321 I � CITY COUNCIL AGENDA MEMO CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 08, 2018 TO: Mayor, Fayetteville City Council THRU: Garner Stoll, Development Services Director FROM: Quin Thompson, Current Planner DATE: October 12, 2018 SUBJECT: RZN 18-6374: Rezone (207 W. LAFAYETTE ST./HATFIELD, 484): Submitted by STERLING HAMILTON for property located at 207 W. LAFAYETTE ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.14 acres. The request is to rezone the property to RI -U, RESIDENTIAL INTERMEDIATE -URBAN, subject to a Bill of Assurance. RECOMMENDATION: Planning Commission recommends approval of an ordinance to rezone the subject property to RI -U, Residential Intermediate -Urban, as shown in the attached Exhibits 'A' and 'B',but does not recommend the Bill of Assurance offered by the applicant as shown in Exhibit `C'. Staff recommends in favor of the applicant's request as submitted. BACKGROUND: The subject property is located at 207 W. Lafayette Street and contains approximately 0. 14 acres in the NC zoning district. The property contains a 1,506 -square foot single-family home built in 1916. Request: The request is to rezone the subject property to RI -U, Residential Intermediate -Urban, subject to a Bill of Assurance limiting development to two single-family detached dwellings. Land Use Compatibility: Residential land use is predominant in this area, with primarily small single-family dwellings surrounding the subject property. Staff finds that the proposed zoning, when paired with the applicant's Bill of Assurance, is compatible with the neighborhood, in that it will limit development on the site to two single-family homes. Land Use Plan Analysis: The proposed zoning is consistent with the Future Land Use Map (FLUM) of City Plan 2030.The goals of City Plan 2030 include making the traditional town form the standard. The NC and RI -U zoning districts encourage patterns of development that result in realizing this goal, including a requirement that buildings will be located close to the street with parking to the side or rear, creating an environment more appealing to pedestrians. The Downtown Master Plan resulted in the creation of the Neighborhood Conservation (NC) zoning district specifically to protect the character of this pocket of small bungalows and single family Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 homes in the midst of downtown, including the subject property and the greater Watson Addition and County Court Addition neighborhoods (see attached Downtown Master Plan and Zoning Map). DISCUSSION: On October 8, 2018, the Planning Commission forwarded the proposal to City Council with a recommendation for approval without the proposed Bill of Assurance, by a vote of 7-0-0. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Exhibit C, Bill of Assurance • Downtown Master Plan • Downtown Mast Plan Zoning Map ■ Planning Commission Staff Report 1)h RZN 18-6374 HATFIELD 18-6374 Close Up View EXHIBIT 'A' Q R,NIF-ll) Ittil•-{ W a Y C) _. 0 Legend - - Planning Area _ _ s Fayetteville City Limits Design Overlay District Building Footprint UN-1—IN Subject Property LAFAYETTE ST Feet 0 75 150 300 450 600 1 inch = 200 feet A& NORTH Zoninq Acres RI -U 0.1 Total 0.1 EXHIBIT'B' RZN 18-6374 LOT NUMBERED TWO (2) IN BLOCK NUMBERED EIGHT (8) IN COUNTY COURT ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN BY THE PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. EXHI9IT 'C' RZN 18-6374 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") Sterling 1lamilton_ u` hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas, The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to __UU-08 Single Family residential 2. Other restrictions including number and type of structures upon the property are limited to Two UU-08 Single Family Dwelling Units 3. Specific activities will not be allowed upon petitioner's property include 4. (Any other terms or conditions) 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. r ,( tu 9-Z Printed Name L?l 211�� Date ld4 W.5ow AddresS IF i ature NOTARY OATII STATE OF ARKANSAS } ) .ss COUNTY OF WASHINGTON } d no on this the ;? � day o f � YYl � � , pp=ed before me, *orffl2e a Notary Public, an after i)eing plac d upn his/her' oath swore at he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. My Commission Expires: / *5.12 V h(wal U� LQ N T RY PUBLIC OFFICIAL SEAL MANDI McGUIRE NOTARY PUBLIC . ARK:AN'SAS WASHINGTON COUNTY COMMISSION # 12375657 COM�1iSSION PV 1715572= ■ I t � •? t • f� tjWg�jryILK �j�, ` rad '"'w*»-^��: ► �:� ..� 'lea �����al f: - • =� f e . 5 r Idol 111�}rt?4�;4 A , dim.JDA . ►__ .� ''�3 INg •y 1 rrii.ia+.,� *� .+ moo• !.� I �� , •F I _`� i rr rrs� - A � wadi r Of lit! EA w........... V FAYETTEVILL.E DOWNTOWN MASTER PLAN � �� • fae+•atu-iIIc, Ai kautas _• Ciz�- nl l.lrru!•riYl�•, Arknr<s.�s 1dr:.ili:Vd li,.ii b I-I'u 1.} a.. ::..0 vt•rr� :: Ala N CITY OF FAYETTEVILLE 1 ARKANSAS PLANNING COMMISSION MEMO TO: City of Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Planner 10,9,�p�8 MEETING DATE: October 8, 2018 UPpPlEO SUBJECT: RZN 18-6374: Rezone (207 W. LAFAYETTE ST./HATFIELD, 484): Submitted by STERLING HAMILTON for property located at 207 W. LAFAYETTE ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.14 acres. The request is to rezone the property to RI -U, RESIDENTIAL INTERMEDIATE -URBAN, subject to a Bill of Assurance. RECOMMENDATION: Staff recommends forwarding RZN 18-6347 to the City Council with a recommendation of approval, based on the findings herein. RECOMMENDED MOTION: "I move to forward RZN 18-6347 to the City council with a recommendation for approval." BACKGROUND: The subject property is located at 207 W. Lafayette Street and contains approximately 0. 14 acres in the NC zoning district. The property contains a 1,506 -square foot single-family home built in 1916. The surrounding land use and zoning is depicted on Table 1. Table 1 Cr irrnr rnelinn 1 -4 I1se17.. ;.�.. Direction from Site Land Use Zoning North Single-family Residential NC, Neighborhood Conservation South Three-family Residential NC, Neighborhood Conservation East Single-family Residential NC, Neighborhood Conservation West Single-family Residential NC, Neighborhood Conservation Request: The request is to rezone the subject property to RI -U, Residential Intermediate -Urban, subject to a Bill of Assurance limiting development to two (2) single-family detached dwellings. Public Comment: Staff has not received public comment. INFRASTRUCTURE: Streets: The subject parcel has frontage access to West Lafayette Street, a 2 -lane fully improved asphalt local street. Curb and sidewalk are located on both north and south sides of the street. The subject parcel also has frontage access to North Thompson Avenue, classified as Street 37 in the Downtown Master Plan. North Planning Commission October 8, 2018 Agenda Item 10 18-6374 Hatfield Page 1 of 17 Thompson Avenue is a partially improved concrete street with curb and sidewalk on the west side of the street. 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 an existing 12 -inch main along West Lafayette Street. Sewer: Sanitary Sewer is available to the site. There is an existing 8 -inch sanitary sewer main along West Lafayette Street. 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 floodplains. No portion of this parcel lies within the Hillside -Hilltop Overlay District. There are no protected streams present in the subject parcel. There are no Hydric Soils present in the subject parcel. Fire: The Fire Department did not express concerns with this request. Police: The Police Department did not comment on this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the property as Complete Neighborhood Plan Area. This site is within the Fayetteville Downtown Master Plan created through a public input process that has been approved by the City Council and includes the elements of a complete, compact and connected neighborhood. FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Residential land use is predominant in this area, with primarily single-family dwellings surrounding the subject property. Staff finds that the proposed zoning, when paired with the applicant's Bill of Assurance, is compatible with the neighborhood, in that it will limit development on the site to two single-family homes. Land Use Plan Analysis: The proposed zoning is consistent with the Future Land Use Map (FLUM) of the City Plan 2030.The goals of City Plan 2030 include making the traditional town form the standard. The NC and RI -U zoning districts encourage patterns of development that result in realizing this goal, including a requirement that buildings will be located close to the street with parking to the side or rear, creating an environment more appealing to pedestrians within the downtown core of Fayetteville. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning would allow the applicant to develop the lot with two - single family homes, a use that is aligned with the goals of the City Plan 2030 and the Fayetteville Downtown Master Plan, by providing appropriate residential infill in a central downtown location. However, the current NC zoning is adequate to allow preservation of the existing historic home, or G:\ETC\Development Services Review\2018\Development Review\18-6374 RZN 207 W. Planning Commission Lafayette St. (Hatfield) 484\03 Planning Commission\10-08-2018\Comments and Redlines October 8. 2018 Agenda Item 10 18-6374 Hatfield Page 2 of 17 redevelopment of the site for a new single-family home by right, accessory dwelling unit, or a two, three- of four family dwelling by conditional use. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zone, when limited by the applicant's Bill of Assurance, is not expected to appreciably increase potential traffic danger or congestion in the area over the current NC zoning. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The proposed zoning may result in a slightly higher density of population, however no undesirable load on public services is anticipated. The Police and Fire Departments have not expressed concerns about the proposed zoning district. 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 18-6374 to the City Council with a recommendation of approval, based on the findings discussed throughout this report. Planning Commission Action: 91 Forward O Tabled O Denied Meeting Date: October 8. 2018 AUTRY, MOTION TO FORWARD WITH RECOMMENDATION FOR APPROVAL, Motion: REMOVING THE BILL OF ASSURANCE. Second: JOHNSON Vote: 7-0-0 BUDGET/STAFF IMPACT: None Attachments: G:\ETC\Development Services Review\2018\Development Review\18-6374 RZN 207 W. Planning Commission Lafayette St. (Hatfield) 484\03 Planning Commission\10-08-2018\Comments and Redlines October 8, 2018 Agenda Item 10 18-6374 Hatfield Page 3 of 17 • UDC 161.29, Neighborhood Conservation • UDC 161.12, Residential Intermediate — Urban • Fire Department Comments ■ Request letter ■ Applicant's Bill of Assurance ■ One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map GAETC\Development Services Review\2018\Development Review\18-6374 RZN 207 W. Planning Commission Lafayette St. (Hatfield) 484\03 Planning Commission\10-08-2018\Comments and Redlines October 8, 2018 Agenda Item 10 16-6374 Hatfield Page 4 of 17 161,12 - District RI -U, Residential Intermediate - Urban (A) Purpose. The RI -U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings i Unit 9 Two (2) family dwellings Unit 10. Three (3) and four (4) family dwellings Unit 41 Accessory dwellings Unit 44 Cluster housing development I (2) Conditional Uses. City-wide uses by conditional use I Unit 2 permit Public protection and utility facilities Unit 4 I Cultural and recreational facilities Mit 5 Government facilities Unit Limited business 12a Unit 24 Home occupations Unit 26 Multi -family dwellings f I I Unit 36 Wireless communications facilities I Planning Commission October 8, 2018 Agenda Item 10 18-6374 Hatfield Page 5 of 17 (C) Density. None. (D) Bulk and Area Regulations. Dwelling (all types) Lot width minimum 18 feet r Lot area minimum None (E) Setback Requirements. Side Side Single & Front Other Two (2) Uses Family A build -to zone that is located between the front property, line and a line 25 feet from the front property line. 5 feet Rear Rear, from Other centerline Uses of an alley 5 feet I (F) Building Height Regulations. Building height maximum 2 stories/3 stories* 12 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 two (2) stories. Planning Commission October 8, 2018 Agenda Item 10 18-6374 Hatfield Page 6 of 17 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 three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , § 5 (Exh. A), 1-17-17; Ord. No. 6015 , § 1(Exh. A), 11-21-17) 161.29 - Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 1 Accessory dwellings (2) Conditional Uses. Planning Commission October 8, 2018 Agenda Item 10 18-6374 Hatfield Page 7 of 17 City-wide uses by conditional use Unit 2 i permit Unit 3 i Public protection and utility facilities Unit 4 Cultural and recreational facilities r Unit 9 Two (2) family dwellings Three (3) and four (4) family Unit 10 dwellings Unit Limited business* 12a Planning Commission October 8, 2018 Agenda Item 10 18-6374 Hatfield Page 7 of 17 Unit 24 1 Home occupations Unit 25 1 Offices, studios, and related services Unit 28 Unit 36 Unit 44 I Center for collecting recyclable materials Wireless communication facilities Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single Family 40 feet Two Family 80 feet Three Family 90 feet (2) Lot Area Minimum . 4,000 square feet (E) Setback Regulations. Planning Commission October 8, 2018 Agenda Item 10 18-6374 Hatfield Page 8 of 17 A build -to zone that is located between the front property line Front I and a line 25 feet from the front property line. Side i 5 feet Rear I 5feet Planning Commission October 8, 2018 Agenda Item 10 18-6374 Hatfield Page 8 of 17 Rear, from centerline of an alley I 12 feet (F) Building Height Regulations. Building Height Maximum 3 stories (Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18- 13; Ord. No. 5664, 2-18-14; Ord. No. 5800, § 1(Exh. A), 10-6-15>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, § § 5, 7-9, 1-17-17; Ord. No. 6015, § 1(Exh. A), 11-21-17) Planning Commission October 8, 2018 Agenda Item 10 18-6374 Hatfield Page 9 of 17 CITY OF FaymZIl —e ARKANSAS TO: Harry Davis, Planner CC: Assistant Chief Brad Hardin Battalion Chief Brian Sloat, Fire Marshal FROM: Rodney Colson, Fire Protection Engineer DATE: October 2, 2018 SUBJECT: RZN 18-6374: Rezone (207 W. Lafayette St./Hatfield, 484 Y �YFT fEbILC` FIRE 0 --PT: The Fire Department has no comments regarding the rezoning request. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. The site will be protected by Ladder 1, located at 303 W. Center Street. The property is located approximately 0.7 miles from the fire station with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time would be approximately 6.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. FAYETTEVILLE FIRE MARSHAL'S OFFICE Planning Commission 833 N. Crossover Road www.fayettevilIeQf4q .)(0,2018 Agenda Item 10 Fayetteville, AR 72701-2701 18-6374 Halfield Page 10 of 17 R00TS.(§)'1 [DI -VF - DESIGN l & [DI=:v1-L_C`F'^,^!-IBJ 1 Sterling Hamilton 1 E: Mountain Street Fayetteville, AR 72701 o. 479.310.6691 m. 2.06.617.2.470 annc@rootsdd.com I rootsdd.com RE: Rezoning 207 W Lafayette August 29, 2018 To Whom It May Concern, This letter is to request a zoning change for 207 W. Lafayette. Roots Design and Development is requesting a change from Neighborhood Conservation to RIU. The house at 207 W. Lafayette has rehabilitation costs which would exceed the market value of the home if refurbished. Our plan would include demolition of the home with a lot split which would yield two new single-family homes. Because of the parent lot's unique shape, the size of the new lots would not conform to the minimum lot size under the Neighborhood Conservation zoning, The lot widths would conform to the NC zoning, making the parent lot a reasonable potential for a split. Given the lot width standards of NC, single family homes would still conform visually with the rest of the neighborhood despite not having the same depth as a conforming NC lot. If a rezoning is approved, the home plans will reflect the surrounding neighborhood and the greater downtown single family building type with Tudor style design and modest square footage. In closing, our request for this rezoning recognizes and conserves neighborhood character while modestly increasing available housing stock in our downtown. Sincerely, Sterling Hamilton Planning Commission October 8, 2018 Agenda Item 10 18-6374 Hatfield Page 11 of 17 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") Sterling Hamilton _ hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville, City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to UU-08 Single Family residential 2. Other restrictions including number and type of structures upon the property are limited to Two UU-08 Single Family Dwelling Units 1 Specific activities will not be allowed upon petitioner's property include 4. (Any other terms or conditions) _ 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington Planning Commission October 8, 2018 Agenda Item 10 18-6374 Hatfield Page 12 of 17 County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Pet'itioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, , as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. !12 �.I �/� Date t9 W. 5.4 Address r r Printed Name i attire 17 NOTARY OATH STATE OF ARKANSAS } } .ss COUNTY OF WASHINGTON }. 66 �L. d no on this the 24 --day of �i'YlbcV X89 -appeared before me, 1 JVIV tj LINMt , a Notary Public, an after being placed upon his/her oath swore or affirme iat he/she agreed with the terms of the above .Bill of Assurance and signed his/her name above_ My Commission Expires: z4f:�1-20W 8/1w(� ly 1(6 A N T RY PUBLIC OFFICIAL SEAL MANDt McGUIRE NOTARY PUBLIC. ARK NSAS WASHINGTON COUN i Y COMMISSION # 1237%57 COMMISSION FXP. 12115,'2= Planning Commission October 8, 2018 Agenda Item 10 18-6374 Hatfield Page 13 of 17 RZN18-6374 HATFIELD One Mile View NORTH 0 0.125 0.25 0.5 Miles tt�t L-1 Subject Property go ■ II Legend __ Planning Area l 1 L Fayetteville City Limits ❑— — Shared Use Paved Trail F e L I F l Trail (Proposed) aTJ L _� Design Overlay District f Planning Area Building Footprint ] Fayr,Ncvllle Clly Limlls LAF'AYETTE ST Zm.mp EXT ACTION RESIDENTIAL SINGLE-FAMLY A E-1 Rffil PeuJmNOFApnamxnl RRSF,S COMMERCIAL Reu ilia401Nre SF -1 LI RRSF-r w C-] FORM BASED DISTRICTS RSF-B �D"N�Ilmle cae RSF-IJ�U w,— RE%lr'rnLNULTfFAMILY �NJe�,r MCI. RT -Is eeaemiel T—nrrJ T11m1—Y D. rwreenn. -F. Lommumil 5en.eN itfJ RMF -11 r xr+I Sxrmcnc ®RMF -ID � II.�JM1� rxxnl CnrnervxNm RMF -N PLANNED ZONING DISTRICTS R Vi LommcicsJ NrJM1urri RcuJenN,�l INDUSTRIAL INSTITUTIONAL I• I Ncnry L"mmcrcm anJ Lglr I"JxM•ul F. _ p I Planning Co nmisslon tr,'MM 8. 2018 Agenda Item 10 18-6374 Hatfield Page 14 of 17 RZN 18-6374 Close Up View 1011 --tll Legend HATFIELD RSf-4 _.. —,�-_MARL Subject Proper Planning Area Fayetteville City Limits Feet L I _ Design Overlay District 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet 'M 6 - 1JA& NORTH Zonin Acres hl••U 0.1 Total 0.1 Planning C irnis5ion 13['R77Fl�r 8, 7.018 Agenda Item 10 18-6374 Hatfield Page 15 of 17 RZN18-6374 HATFIELD Ak Future Land Use NORTH TF?eIV-ro 1! ,�* 1,; LOUISE ST '' w a a i 0 Lu DAMSON Si Q �AVIdSOtV ST 3 z ILA ST z x • ''. p w z w w ' 0, -jr �. `z ME x 1P MAPLELU Lw�— ISr a Subject Property w r� uJ 0 U A E ' ALLEY 38611 _. to -- BOLES S.T--� 0 a ��`.. LV W VNATSpN...ST Q rn r> .. ALLEY 318 � � Q DICKSON si Q o m Q <. }SPRING Legend I _ _ 1 Planning Area FUTURE LAND USE 2030 II Residential Neighborhood Area — —t Fayetteville City Limits City Neighborhood Area Shared Use Paved Trail Feet - - Complete Neighborhood Plan Trail (Proposed) 0 145 290 580 870 1,160 Civic and Private Open SpacelParks Design Overlay District Non-Municipal Government Building Footprint 1 inch = 400 feet Planning Ca misslpn —MCMMr 8, 2018 Agenda Item 10 18-6374 Hatfield Page 16 of 17 RZN 18-6374 HATFIELD Current Land Use NORTH l�`as r DAVID DIV'STUJ x` LL Y w ..'LIJ IJJ a ILI Lij 0. err Q _# T F J U)LLI c ►� 1 LLJ >: � �, MOUNTi NORL] ST W Single Family- rl ' Residential Subject Property �AFAYETTE Single Family Single Family '{ - y " Residential ASL Residential Q 1, 2, & 3-family Li=Y3 rn +�► ,q. U Residential � �c ^, _ z LU 4. AL..� ,•r� J j, + �T i'DICKSON ST 2 ill ,j� '_� j i �.. •'`• �f ?. r• • Qr - Q •.Q ?Q ,Cn r LIA mak,.,.• r ?: W i { Q. A FEMA Flood Hazard Data l 100'. ar3r FI00013131[1 ,- - Feet W Flnod+,• 1';: - - -, Planning Area 0 112.5 225 450 675 900 - - -; Fayetteville City Limits — — 1 inch = 300 feet i Design Overlay District Planning CoInmission r 8, 2.018 Agenda Item 10 18-637.1 Hatfield Page 17 of 17 RECEIVED DEC 112010 (pfUYOFFAWEMEM IL 0"'oRTHWEST ARKANSAS Demomt V 0azefte ''.13.6 X %s77; ^F-f1V_Tl E'1LLE, AR, 72702 479-442-17,00 - FAX: 4179-159S-1,18 - `r'vW✓ ,.:ADi;.(:()M 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 6107 Was inserted in the Regular Edition on: November 22, 2018 Publication Charges: $ 72.80 Cathy Wiles Subscribed and sworn to before me This S+1` day of Dec , 2018. Notary Public My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. `*� rroNerr•e'7 'as No;,,**- 9G' 9�G�90 r: e° Qy �r,, r��reitaatttci�sa0°``a Ordinance: 6107 File Number: 2018-0556 RZN 18-6374:(207 W. LAFAYETTE ST./HATFIELD): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PE=TITION RZN 18-6374 FOR APPROXIMATELY 0.14 ACRES LOCATED AT 207 WEST LAFAYE'FTE STREET FROM NC, NEIGHBORHOOD CONSERVATION TO RI -U, RESIDENTIAL INTERMEDIATE - URBAN SUBJECT TO A BILL OF ASSURANCE 13E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: section i : 'rhai the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from NC, Neighborhood Conservation to RI -U, Residential Intermediate - Urban subject to the attached Bill of Assurance (Exhibit Q. 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 11/8/2018 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74754280 Nov. 22, 2018