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HomeMy WebLinkAboutORDINANCE 6232pF Fpyf TTP v m -0RKANS PS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6232 File Number: 2019-0551 RZN 19-6787 (3313 W. MT. COMFORT/COOPER): I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII Doc ID. 018835900004 Type Kind: ORDINANCE Recorded: 10/04/2019 at 11:21:28 AM Fee Amt: $30.00 Pape 1 of a Washington County, AR Kyle Sylvester Circuit Clerk File2019-00030351 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19- 6787 FOR APPROXIMATELY 0.60 ACRES LOCATED AT 3313 WEST MOUNT COMFORT ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS -G, NEIGHBORHOOD SERVICES -GENERAL 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 NS -G, Neighborhood Services -General. 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 9/17/2019 Page 1 Printed on 9119119 File Number: 2019-0551 Resolution 6232 Page 2 Attest: ``����n i n►y,��� E ,�`�••' CITY •.Fy% :M_ 5�' p Lisa Branson, Deputy City Clerk ��y� •,f -q S ••� ,�iiii 6\ Printed on 9119119 RZN19-6787 COOPER EXHIBIT 'A' Close Up View 19-6787 R -A 2 W J Q N Cs R-0 RS1 -4 Subject Property ILI Legend Planning Area Feet Fayetteville City Limits 0 75 150 300 450 Building Footprint 1 inch = 200 feet THORNEBROOK ST WESTBURY ST MOUNT COMFORT RD .ie] P-1 NORTH Zoning Acres NS -G 0.7 Total 0.7 EXHIBIT 'B' 19-6787 Partial Legal: PT NW SW 0.60 AC FURTHER DESCRIBED FROM 2017-36523 AS: Part of the NW/4 of the SW/4 of Section 6, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described ns follows: Commencing at the Northeast Corner of said 40 acre tract, said point being in Mt.Comfort Road and from Which a 1/2 inch reference set on the South right of way line of said road bears South 00 degrees, 03 minutes, 12 seconds West 30.00 feet; thence South 00 degrees, 00 minutes, 03 seconds West 276.70 feet to an existing fence corner post; thence North 89 degrees, 59 minutes, 26 seconds West 110.00 feet to an existing fence corner post; tbence North 00 degrees, 03 minutes, 12 seconds East 276.94 feet to a point on the North liue of said 40 acre tract, said point being in Mt. Comfort Road and from which an existing reference iron on the South right of way line of said road bears South 00 degrees, 03 minutes, 12 seconds West 30.00 feet; thence South 89 degrees, 51 minutes, 56 seconds East 110.0 feet to the Point of Beginning. LESS AND EXCEPT Part of the Fractional NW/4 of the SW/4 of Section 61 Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: beginning at the Northeast Corner of said Fractional NW/4 of the SWA; thence South 02 degrees, 34 minutes 44 seconds West 37.96 feet; thence North 88 degrees, 24 minutes, 58 seconds West 62.94 feet; thence North 89 degrees, 27 minutes, 53 seconds West 47.09 feet; thence North 02 degrees, 34 minutes, 44 seconds East 40.18 feet; thence South 87 degrees, 23 minutes, 45 seconds East 110.00 feet to the Point of Beginning, containing 4,303 square feet or 0.10 acres, more or less Washington County, AR I certify this instrument was filed on 10/04/2019 11:21:28 AM and recorded in Real Estate File Number 201 -00 Kyle Sylvester -, Clerk by �, - City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File ---''/ File Number: 2019-0551 Agenda Date: 9/17/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 4 RZN 19-6787 (3313 W. MT. COMFORT./COOPER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6787 FOR APPROXIMATELY 0.60 ACRES LOCATED AT 3313 WEST MOUNT COMFORT ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS -G, NEIGHBORHOOD SERVICES -GENERAL 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 NS -G, Neighborhood Services -General. 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 9/19/2019 City of Fayetteville Staff Review Form 2019-0551 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 8/30/2019 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN 19-6787: Rezone (3313 W. MT. COMFORT RD./COOPER, 362): Submitted by ANDREW COOPER for property located at 3313 W. MT. COMFORT RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.60 acres. The request is to rezone the property to NS -G, NEIGHBORHOOD SERVICES - GENERAL. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title $ 0 Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner DATE: August 30, 2019 CITY COUNCIL MEMO SUBJECT: RZN 19-6787: Rezone (3313 W. MT. COMFORT RD./COOPER, 362): Submitted by ANDREW COOPER for property located at 3313 W. MT. COMFORT RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.60 acres. The request is to rezone the property to NS -G, NEIGHBORHOOD SERVICES -GENERAL. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the subject property to NS -G, Neighborhood Services -General, as shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property is located on the south side of Mount Comfort Road, between Salem Road to the west and Hatterly Lane to the east. Development on the site is limited to one single-family home built in 1995 which accesses Mount Comfort Road by a residential driveway. Request: The request is to rezone the subject property from RSF-4, Residential Single-family, 4 Units per Acre, to NS -G, Neighborhood Services -General. The applicant would like to use the property as a professional office. Land Use Compatibility: The proposed zoning is compatible with surrounding land use patterns in the area, which contain a mixture of low-density residential subdivisions, existing, larger lot residential properties that predate Mount Comfort's widening, and institutional uses. The immediately adjoining property to the west, east, and south is nonresidential in use and associated with Pathway Baptist Church and Mount Comfort Church of Christ. The NS -G zoning district allows incrementally increasing residential allowances, to include 2-, 3-, and 4 -family dwellings, and nonresidential uses in a manner that compliments the current land uses and the increasingly -busy corridor. Land Use Plan Analysis: Staff finds the proposed NS -G zoning to be compatible with the Future Land Use Map and its designation of the subject area as Residential Neighborhood Area. As noted above and throughout this report, the Residential Neighborhood Area designation makes explicit reference to incorporating nonresidential uses into residential areas at appropriate Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 locations for the benefit of surrounding neighborhoods. This area of the City has many residents in low-density developments that lack nonresidential goods and services. This has created a conflict with the City's goal to create complete, compact, and connected neighborhoods that can, in turn. encourage a livable transportation network. Although a smaller property relative to others along Mount Comfort, rezoning the applicant's site could help alleviate a lack of services in the area and begin redressing decades of single -use development. DISCUSSION: On August 26, 2019, the Planning Commission forwarded the proposal to City Council with a recommendation for approval by a vote of 7-0-0. Prior to the meeting, staff received public comment objecting to the request, expressing concern that Mount Comfort Road is shifting from residential to a commercial character, and that nonresidential uses ought to be centered on Mount Comfort's intersections with Rupple and Interstate 49. No public comment was made at the August 26'h Planning Commission meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN19-6787 COOPER EXHIBIT 'A' Close Up View 19-6787 R -A RSF-a sed NS -j THORNEBROOKST WESTBURY ST MOUNT COMFORT RD Subject Property N -i Legend ;- - - Planning Area Feet Fayetteville City Limits 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet NORTH Zoning Acres NS -G 0.7 Tota 1 0.7 W J Q U r Uj J R-0 U RSF-a sed NS -j THORNEBROOKST WESTBURY ST MOUNT COMFORT RD Subject Property N -i Legend ;- - - Planning Area Feet Fayetteville City Limits 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet NORTH Zoning Acres NS -G 0.7 Tota 1 0.7 EXHIBIT 'B' 19-6787 Partial Legal: PT NW SW 0.60 AC FURTHER DESCRIBED FROM 2017-36523 AS: Part of the NW/4 of the SW/4 of Section 6, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described ns follows: Commencing at the Northeast Corner of said 40 acre tract, said point being in Mt.Comfort Road and from Which a 1/2 inch reference set on the South right of way line of said road bears South 00 degrees, 03 minutes, 12 seconds West 30.00 feet; thence South 00 degrees, 00 minutes, 03 seconds West 276.70 feet to an existing fence corner post; thence North 89 degrees, 59 minutes, 26 seconds West 110.00 feet to an existing fence corner post; tbence North 00 degrees, 03 minutes, 12 seconds East 276.94 feet to a point on the North liue of said 40 acre tract, said point being in Mt. Comfort Road and from which an existing reference iron on the South right of way line of said road bears South 00 degrees, 03 minutes, 12 seconds West 30.00 feet; thence South 89 degrees, 51 minutes, 56 seconds East 110.0 feet to the Point of Beginning. LESS AND EXCEPT Part of the Fractional NW/4 of the SW/4 of Section 61 Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: beginning at the Northeast Corner of said Fractional NW/4 of the SW/4; thence South 02 degrees, 34 minutes 44 seconds West 37.96 feet; thence North 88 degrees, 24 minutes, 58 seconds West 62.94 feet; thence North 89 degrees, 27 minutes, 53 seconds West 47.09 feet; thence North 02 degrees, 34 minutes, 44 seconds East 40.18 feet; thence South 87 degrees, 23 minutes, 45 seconds East 110.00 feet to the Point of Beginning, containing 4,303 square feet or 0.10 acres, more or less CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner MEETING DATE: August 26, 2019 (Updated with Planning Commission Results) SUBJECT: RZN 19-6787: Rezone (3313 W. MT. COMFORT RD./COOPER, 362): Submitted by ANDREW COOPER for property located at 3313 W. MT. COMFORT RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.60 acres. The request is to rezone the property to NS -G, NEIGHBORHOOD SERVICES - GENERAL. RECOMMENDATION: Staff recommends forwarding RZN 19-6787 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN 19-6787 to the City Council with a recommendation of approval." BACKGROUND: The subject property is located on the south side of Mount Comfort Road, between Salem Road to the west and Hatterly Lane to the east. Development on the site is limited to one single-family home built in 1995 and accessing Mount Comfort Road by a residential driveway. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-family Residential; RSF-4, Residential Single famil, 4 Units per Acre; South Pathway Baptist Parkin Lot P-1, Institutional East Food Bank Mount Comfort Church of Christ P-1, Institutional West Residential Office (Pathway Baptist Church) RSF-4, Residential Single-family, 4 Units per Acre; Request: The request is to rezone the subject property from RSF-4, Residential Single-family, 4 Units per Acre, to NS -G, Neighborhood Services -General. The applicant would like to use the property as a professional office. Public Comment: Staff has received a no formal public comment regarding this request, but has heard concerns from a City Council member in this ward about development pressure in the area. Planning Commission August 26, 2019 Agenda Item 13 19-6787 Cooper Page 1 of 14 INFRASTRUCTURE: Streets: The property currently has frontage along west Mount Comfort Road a fully - improved Minor Arterial with asphalt paving, curb and gutter, sidewalk, and bike lanes. Any street improvements or requirements for drainage will be determined at the time of development. Water: Public water is available to the site. A 12 -inch water main runs along the property's Mount Comfort frontage. Sewer: Public sanitary sewer is available to the site. An 8 -inch water main runs along the property's Mount Comfort frontage. Drainage: No portion of the site lies within floodplain, no hydric soils are present, and no portion of the site resides with the Hillside -Hilltop Overlay District. Improvements or requirements for drainage would be determined at the time of development. Fire: The Fire Department did not express any concerns with this request. Police: The Police Department did not express any concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the properties within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single-family, multi -family, and rowhouses. Development is encouraged to be highly -connected, with compact blocks, grid street pattern and reduced setbacks. Low -intensity non-residential uses are encouraged at appropriate locations, such as on corners and connecting corridors. 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: The proposed zoning is compatible with surrounding land use patterns in the area, which contain a mixture of low- density residential subdivisions, existing, larger lot residential properties that predate Mount Comfort's widening, and institutional uses. The immediately adjoining property to the west, east, and south is nonresidential in use and associated with Pathway Baptist Church and Mount Comfort Church of Christ. The NS -G zoning district allows incrementally increasing residential allowances, to include 2-, 3-, and 4 -family dwellings, and nonresidential uses in a manner that compliments the current land uses and the increasingly -busy corridor. Land Use Plan Analysis: Staff finds the proposed NS -G zoning to be compatible with the Future Land Use Map and its designation of the subject area as Residential Neighborhood Area. As noted above and throughout this report, the Residential Neighborhood Area designation makes explicit reference to incorporating nonresidential uses into residential areas at appropriate locations for the benefit of surrounding neighborhoods. This G1ETC\Development Services Review\2019\Development Services\19-6787 RZN 3313 W. Mt. Comfort Rd. (Cooper) 362\03 Planning Commission\08-26-2019 Planning Commission August 26, 2019 Agenda Item 13 19-6787 Cooper Page 2 of 14 area of the City has many residents in low-density developments that lack nonresidential goods and services. This has created a conflict with the City's goal to create complete, compact, and connected neighborhoods that can, in turn, encourage a livable transportation network. Although a smaller property relative to others along Mount Comfort, rezoning the applicant's site could help alleviate a lack of services in the area and begin redressing decades of single -use development. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant has requested the zoning change to convert the existing structure and possibly improve the property for professional offices. The proposed zoning district would allow for an appropriate flexibility in permitted land uses along a major corridor where residential densities are low and services are generally inadequate. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has direct access to Mount Comfort Road, a fully -improved Minor Arterial. Although the proposed NS -G zoning district allows uses that may increase traffic over the existing RSF-4 zoning district, the size of the property and the associated limitations on development would likely not result in a significant increase in traffic nor appreciably increase traffic danger and congestion. The necessity for street improvements or modifications to site access will be reviewed with future development submittals. 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 applicant's requested NS -G zoning district allows single-, 2-, 3-, and 4 - family dwellings at a density of 18 units per acre. Although decidedly higher than the current RSF-4 allowance of four units per acre, staff finds that no adverse impacts on services are anticipated given adjacency to existing City infrastructure. 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 GAETC\Development Services Review\2019\Development Services\19-6787 RZN 3313 W. Mt. Comfort Rd. (Cooper) 362\03 Planning Commission\08-26-2019 Planning Commission August 26, 2019 Agenda Item 13 19-6787 Cooper Page 3 of 14 RECOMMENDATION: Planning staff recommends forwarding RZN 19-6787 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: August 26, 2019 O Tabled ® Forwarded O Denied (Motion: Johnson, recommending approval (Second: Belden Note: 7-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: 0 §161.07 — RSF-4, Residential Single-family, 4 Units per Acre o §161.19 — NS -G, Neighborhood Services -General • Request letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map G:\ETC\Development Services Review\2019\Development Services\19-6787 RZN 3313 W. Mt. Comfort Rd. (Cooper) 362\03 Planning Commission\08-26-2019 Planning Commission August 26, 2019 Agenda Item 13 19-6787 Cooper Page 4 of 14 161.07 - District RSF-4, Residential Single -Family - 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 permit j Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. (D) Bulk and Area Regulations. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. G:\ETC\Development Services Review\2019\Development Services\19-6787 RZN 3313 W. Mt. Comfort Rd. (Cooper) 362\03 Planning Commission\08-26-2019 Planning Commission August 26, 2019 Agenda Item 13 19-6787 Cooper Page 5 of 14 FS,ngle-family Two (2) family dwellings dwellings Lot minimum 70 feet 80 feet width Lot area 8,000 square 12,000 square minimum feet feet 6,000 square Land area per 8,000 square dwelling unit feet feet Hillside Overlay District Lot 60 feet 70 feet minimum width Hillside Overlay 8 000 square 12,000 square District Lot feet feet area minimum Land area per 8,000 square 6,000 square dwelling unit feet feet G:\ETC\Development Services Review\2019\Development Services\19-6787 RZN 3313 W. Mt. Comfort Rd. (Cooper) 362\03 Planning Commission\08-26-2019 Planning Commission August 26, 2019 Agenda Item 13 19-6787 Cooper Page 5 of 14 (E) Setback Requirements. Front i Side Rear 15 feet T 5 feet it feet (F) Building Height Regulations. j Building Height Maximum 3 stories (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; Ord. No. 6015 , §1(Exh. A), 11-21-17) GAETC\Development Services Review\2019\Development Services\19-6787 RZN 3313 W. Mt. Comfort Rd. (Cooper) 362\03 Planning Commission\08-26-2019 Planning Commission August 26, 2019 Agenda Item 13 19-6787 Cooper Page 6 of 14 161.19 - NS -G, Neighborhood Services - General (A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed-use area of medium intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Neighborhood Services district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings. Unit 10 Three (3) and four (4) family dwellings Unit 12b General business Unit 24 Home occupations Unit 41 Accessory dwelling units Unit 44 Cluster housing development Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 Eating places Unit 16 Shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities Unit 40 Sidewalk cafes Unit 45 Small scale production (C) Density. Eighteen (18) or less per acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 35 feet All other uses None (2) Lot Area Minimum. Single-family 4,000 square feet G:\ETC\Development Services Review\2019\Development Services\19-6787 RZN 3313 W. Mt. Comfort Rd. (Cooper) 362\03 Planning Commission\08-26-2019 Planning Commission August 26, 2019 Agenda Item 13 19-6787 Cooper Page 7 of 14 Two (2) family or 3,000 square feet per dwelling more unit All other uses None (E) Setback regulations. (F) Building Height Regulations. Building Height Maximum 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §7(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) GAETC\Development Services Review\2019\Development Services\19-6787 RZN 3313 W. Mt. Comfort Rd. (Cooper) 362\03 Planning Commission\08-26-2019 Planning Commission August 26. 2019 Agenda Item 13 19-6787 Cooper Page 8 of 14 Rear when contiguous to a Front Side Side -Zero Lot Line* Rear single-family residential district A build -to zone A setback of less than 5 that is located feet (zero lot line) is between the front 5 permitted on one interior property line and feet side, provided a None 15 feet a line 25 feet maintenance agreement is from the front filed**. The remaining side property line. setback(s) shall be 10 feet. (F) Building Height Regulations. Building Height Maximum 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §7(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) GAETC\Development Services Review\2019\Development Services\19-6787 RZN 3313 W. Mt. Comfort Rd. (Cooper) 362\03 Planning Commission\08-26-2019 Planning Commission August 26. 2019 Agenda Item 13 19-6787 Cooper Page 8 of 14 RZN 19-6787 Compatibility Statement Request Letter Andrew & Selina Cooper 3313 W. Mt. Comfort Rd. Fayetteville, AR 72704 479-263-7602 Parcel ID 765-13649-020 S -T -R 06-16-30 Partial Legal: PT NW SW 0.60 AC FURTHER DESCRIBED FROM 2017-36523 AS: Part of the NW/4 of the SW/4 of Section 6, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described ns follows: Commencing at the Northeast Corner of said 40 acre tract, said point being in Mt.Comfort Road and from Which a 1/2 inch reference set on the South right of way line of said road bears South 00 degrees, 03 minutes, 12 seconds West 30.00 feet; thence South 00 degrees, 00 minutes, 03 seconds West 276.70 feet to an existing fence corner post; thence North 89 degrees, 59 minutes, 26 seconds West 110.00 feet to an existing fence corner post; tbence North 00 degrees, 03 minutes, 12 seconds East 276.94 feet to a point on the North liue of said 40 acre tract, said point being in Mt. Comfort Road and from which an existing reference iron on the South right of way line of said road bears South 00 degrees, 03 minutes, 12 seconds West 30.00 feet; thence South 89 degrees, 51 minutes, 56 seconds East 110.0 feet to the Point of Beginning. LESS AND EXCEPT Part of the Fractional NW/4 of the SW/4 of Section 61 Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: beginning at the Northeast Corner of said Fractional NW/4 of the SW/4; thence South 02 degrees, 34 minutes 44 seconds West 37.96 feet; thence North 88 degrees, 24 minutes, 58 seconds West 62.94 feet; thence North 89 degrees, 27 minutes, 53 seconds West 47.09 feet; thence North 02 degrees, 34 minutes, 44 seconds East 40.18 feet; thence South 87 degrees, 23 minutes, 45 seconds East 110.00 feet to the Point of Beginning, containing 4,303 square feet or 0.10 acres, more or less We believe that our home is compatible with adjacent commercial properties and the purpose of the Neighborhood Services — General zoning. We are the only single-family residence along a stretch of several commercial properties along the South side of Mount Comfort Rd. still being utilized as a residence. Immediately to out- East we are neighbors to the Banford House, a food pantry service to the local community. The Banford House sits on the larger property of Mount Comfort Church of Christ. Immediately to our West is the Residential/Office building for Pathway Baptist Church, which adjoins Pathway Baptist Church. The next property to the West of Pathway has recently been rezoned for Community Services. We also believe that our intent aligns with the purpose of the NS -G zoning request. We plan to use the existing home at our location to provide a professional office building in which to operate our small business counseling center. We would like to serve the needs of the immediate community by enriching families and individuals, just as our existing business neighbors offer. By using the existing structure we hope to minimize the aesthetic change to the neighborhood feeling, while offering professional services within walking distance to neighbors all along Mount Comfort Rd. We do not believe that our rezoning request will adversely affect our neighborhood or surrounding land uses. We do not plan to make any external changes to the building, minimizing the aesthetic impact. We do not anticipate any noise issues. The use of our property will mostly be during traditional hours of operation, resulting in no significant activity change after work hours. We do not believe our rezoning will adversely affect the traffic to Mount Comfort. While Planning Commission August 26, 2019 Agenda Item 13 19-6787 Cooper Page 9 of 14 we anticipate some clients may come from other parts of Fayetteville, most of our focus will be on serving families who live in 72704. This has been our trend since moving to our current location on Wedington Drive in 2013, and brings us great joy to be located close to where people live, minimizing impact on their life and on city congestion. Planning Commission August 26, 2019 Agenda Item 13 19-6787 Cooper Page 10 of 14 RZN 19-6787 COOPER One Mile View NORTH 0 o 125 025 o s Miles (��VFN MORNING MIST D IDGE C4 ve 01,1 Legend )-r r Planning Area 4 zzz F Fayetteville City Limits - t——— Shared Use Paved Trail Trail (Proposed) R ; Planning Area J Design Overlay District = Fayetteville City Limits z z w Q -I 0CID. SY"AMORE ' / /�Z H CTION HLSIUE NTIAL SIfvGLLFAr.11LY E -I COMMERCIAL .. a:�amr�ivrcKe RSF-ts RSF.1 a C:; RSF c.a RSF-T FORM BASED DISTRICTS RsF' D m -t8 -Uman Tnorou9Mare RESIDENTIAL MULTI -FAMILY Mai�srreer cemer � RT -1} Res EemRl Two uM Tnree ,amity � Dowmorm Genera s mm d, sewKe, 1 RMF.`,: aoa ser.... RMF_IE ®Negnearnaod Conservalron RMF -:a PLANNED ZONING DISTRICTS RMF -00 M Coe.oercial. Intluzrnal. Resbeniiai INDUSTRIAL INS TRI'UTIONAL X63 G-1.1 .11.1 Planning Co mission AugrrSf26, 2019 Agenda Item 13 19-6787 Cooper Page 11 of 14 Agenda Item 13 19-6787 Cooper Page 12 of 14 RZN 19-6787 COOPER S P � Current Land Use NORTH WESTBURY ST Single -Family Residential ., f I g Q E� L ��. MOUNT COMFORT RD"� - -�- i I I a $ i .�l C. _tty ,7 li�5titut�cnal `� � --` • I � , m�e 5 ti,a. 3 # 7 Streets Existing MSP Class MINOR ARTERIAL Planning Area Fayetteville City Limits Feet 0 35 70 140 210 1 inch = 100 feet 280 FEMA Flood Hazard Data 100 -Year Floodplain X, Floodway Planning Co mission 26, 2019 Agenda Item 13 19-6787 Cooper Page 13 of 14 Agenda Item 13 19-6787 Cooper Page 14 of 14 RECEIVED 4)CT 04 2019 NORTHWEST ARKANSAS CIT vemocratT 1 AFFIDAVIT OF PUBLICATION I Cathy Staggs, do solemnly swear that I am the Accounting Manager 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 f CITY OF FAYETTEVILLE Ord. 6232 Was inserted in the Regular Edition on: September 26, 2019 Publication Charges: 67.60 AL��X/l Cathy S(yg s Subscribed and sworn to before me This day of 2019. o W4 Notary Public My Commission Expires: Z/ z CATHY WILES Arkansas - Benton County Notary Public - Comm# 12397118 My Commission Expires Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6232 File Number: 2019-0551 RZN 19-6787 (3313 W. MT. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6787 FOR APPROXIMATELY 0.60 ACRES LOCATED AT 3313 WEST MOUNT COMFORT ROAD FROM RSF4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS -G, NEIGHBORHOOD SERVICES -GENERAL 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 NS -G, Neighborhood Services -General. 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 9/17/2019 Approved: Lioneld Jordan, Mayor Attest: Lisa Branson, Deputy City Clerk 75096217 Sept. 26, 2019