HomeMy WebLinkAboutORDINANCE 6107 , ,
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',, ,,-,1, , Doc ID: 018653820005 Type: REL
Kind: ORDINANCE
'll - # Recorded: 06/24/2019 at 03:36:06 PM
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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:
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Lioneld Jor• ' or Sondra E. Smith,City Clerk Treast�?,e�t': G 'c •.�
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Page 1 Printed on 11VEr
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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
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<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
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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:
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U� LQ
N T RY PUBLIC
OFFICIAL SEAL
MANDI McGUIRE
NOTARY PUBLIC . ARK:AN'SAS
WASHINGTON COUNTY
COMMISSION # 12375657
COM�1iSSION PV 1715572=
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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:
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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
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tr,'MM 8. 2018
Agenda Item 10
18-6374 Hatfield
Page 14 of 17
RZN 18-6374
Close Up View
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Legend
HATFIELD
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Subject Proper
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Fayetteville City Limits Feet
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13['R77Fl�r 8, 7.018
Agenda Item 10
18-6374 Hatfield
Page 15 of 17
RZN18-6374 HATFIELD Ak
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II
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— —t Fayetteville City Limits
City Neighborhood Area
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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
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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'
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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