Loading...
HomeMy WebLinkAboutOrdinance 6290d� FF7E��fy SL a�,naNz�� 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6290 File Number: 2020-0149 RZN 19-6963 (123 E. 15TH ST./KOMANDER): Doc ID: p19163570004 Type: REL Kind: ORDINANCE Recorded: 04/17/2020 at 01:42:37 pM Fee Amt: $30.00 Pape 1 of 4 Washington County, AR Kyle Mon Cfrcuitt Clerk F1le2020-001 l f 2n98 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19- 6963 FOR APPROXIMATELY 6.37 ACRES LOCATED AT 123 EAST 15TH STREET FROM R-A, RESIDENTIAL AGRICULTURAL, RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE AND I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO R-A, RESIDENTIAL AGRICULTURAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: 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 R-A, Residential Agricultural, RMF-24, Residential Multi Family, 24 Units Per Acre and I-1, Heavy Commercial and Light Industrial to R-A, Residential Agricultural. 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 3/3/2020 Page 1 Printed on 314120 File Number- 2020-0149 Ordinance 6290 Attest: 01111 t 11111" � �L'ERx Ty ■''�p�'- Kara Paxton, City Clerk Treasar��-j� {' • N D NC> �• �i �i 00�+��� Page 2 Printed on 314120 RZN19-6963 I KOMANDER I 19-6963 Close Up View P-1 -� _„MMNNMNN,,NM -mmmommmob� i Subject Property LM Legend Shared Use Paved Trail Trail (Proposed) Planning Area Fayetteville City Limits Building Footprint R-A RMF-2l Proposed R-A Feet 0 75 150 300 450 600 1 inch = 200 feet EXHIBIT 'A' nc NORTH Zoning Acres R-A 8.7 Tota 1 8.7 19-6963 EXHIBIT 'B' Owner: KO'NIANDER, JOHANN KASPER & Sub: 22.16.30 FAYETTEVILLE S-T-R: 22.16-30 KRISTEN NIPPER OUTLOTS Block I Lot: NIA /'NIA Address; 1500'S COLLEGE AVE City: Fayetteville Acres: 7.730 Mall Address: 187 E 9TH ST Assessed Value; 15,640 FAYETTEVILLE, AR 72701 Legal; PT NVJSW 7,73 AC FURTHER DESCRIBED FROM MODIFIED PTTACHED JENXINSSURVEY AS: Part of the Northwest Quarter of the Sout,hwsst. Quarter of Section 22.9n Township 16 North, of Range 30 ihlrst, being anpre particularly descx•{bed os fellows; Beginning at the Northviesm corner of the Northwest Quarter of the Southwest Quarter of Section ?2, said running thence N8913008"E 737,52 feet along the North line of said 40 acre tract, thence leaving said North line and running $00`10'W*E 290,74 feet to and along a fence line and Its projeuion to an iron pin located In a fence line; thence N89131'07E 159.98 feet along said fence line to an iron pin; S00`10'3VE 919,77 feet to an iran pin; N89`31'00'E 393.50 feet too an iron pin located on the West fine of said 40 acre tract; N00°10"36" IAI'1110,10 feet to the point of beginning, con"ininOAS acres, more or less. LESS& EXCEPT FURTHER DESCRIBED FROM MODIFitD 928A2 AS: Partafthe Northwest Quarter cf the Southwest Quarter of Section 22, in Township 16 North, of Range 30 West, described as follows: Beginning at 323.50 feet East and 40 feet: South of the. Northwest corner of said 40 acre tract, and running thence South 290.76 feet, to point of beginning thence South 819.77 feet; thence Enst 70 feet; thence North'E19.77 feet; thence West 70 feet to the point of Ibegirinitng, containing 1.25 acres, more or less. LESS & EXCEPT DESCRIBED PER 2019- 29252 AS: Part of the Northwest Quarter of the Southwest Quarter of Section 22, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as'follows: Commencing at a point being used as the Quarter Corner of Sections 21 and 22; thence South 02" 52' 05" West along the'West line of the Northwest Quarter of the Southwest Quarter of Section 22 a distance of 40.00 feet to a }mint on the5outherly right of way line of State highway 16 as established by ARDOT Job 9458 for the POINT OF BEGINNING; thence South S71 31' W East along said right of way line a distance of 235.23 feet to A point; thence South 031 16' 36" West a distance of 1.12 feet to a point on the Southeasterly right of way line of,State Highway 16 as established by ARDOT Job 040579. thence North 881 05'16" West along said right of way line a distance of 235.25 feet to a point on the West line of the Northwest Quarter of the Southwest Quarter of Section 22; thence North 02° S2' 05" East along West line a distance of 3,45 feet to a point of beginning and containing 0.01 acres more or less as shown on plans prepared by the ARDOT referenced as 040579. i bi ,re IrTf B 1vlep L I - Parcel- 76545171-000 AND. 52092 Prev..Parcel:148244-000-00 Type: Agri Use/Vacant Owner; KOMANDER, JOHANN KASPER & Sub. 72-16-30 FAYETTEVILLE S-If-R: 22.16.30 KRISTEN NIPPER OUTLOTS Block: I Lot: NIA I NIA Address: NIA City: Fayetteville Acres: 1.250 Mall Address,. 187 E 9TH ST Missessed Value; 60 FAYETTEVILLE, AR 72701 Legal; PT NW SW 1,25AC FURTHER DESCRIBED FROM MODWIE4 928.42 AS: Part of the Northwest Quarter of tht Southwest Quarter of'Setxion 22, in Township 16.North, of Range 30 West, described as follows: Beginning at 323.5 feet East ant{ 40 feet: South of the Northwest corner of said 40 acre tract, and tinning thence South 290.76 feet; m point of beginning thence South 819.77 feet; thence East 70 feet, thence North 819,77 feet; thence West 70 feet to the point of beginning, containing 1.25 acres, snore or less, Washington County, AR I certify this instrument was filed on 04/17/2020 01:42:37 PM and recorded in Real Estate File Number 2020-00012098 Kyle Sylvester - Circuit Clerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 x. (479) 575-8323 d Text File File Number: 2020-0149 Agenda Date: 3/3/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 3 RZN 19-6963 (123 E. 15TH ST./KOMANDER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6963 FOR APPROXIMATELY 6.37 ACRES LOCATED AT 123 EAST 15TH STREET FROM R-A, RESIDENTIAL AGRICULTURAL, RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE AND I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO R-A, RESIDENTIAL AGRICULTURAL 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 R-A, Residential Agricultural, RMF-24, Residential Multi Family, 24 Units Per Acre and I-1, Heavy Commercial and Light Industrial to R-A, Residential Agricultural. 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 3/4/2020 I City of Fayetteville Staff Review Form 2020-0149 Legistar File ID 3/3/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 2/14/2020 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN 19-6963: Rezone (123 E. 15TH ST./KOMANDER, 602): Submitted by JOHANN KOMANDER for property located at 123 E. 15TH ST. The property is zoned R-A, RESIDENTIAL AGRICULTURAL, RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, & 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 6.37 acres. The request is to rezone the property to R-A, RESIDENTIAL AGRICULTURAL. 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 MARCH 3, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Review Manager DATE: February 14, 2020 CITY COUNCIL MEMO SUBJECT: RZN 19-6963: Rezone (123 E. 151 ST./KOMANDER, 602): Submitted by JOHANN KOMANDER for property located at 123 E. 15T" ST. The property is zoned R-A, RESIDENTIAL AGRICULTURAL, RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, & 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 6.37 acres. The request is to rezone the property to R-A, RESIDENTIAL AGRICULTURAL. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the subject property to R-A, Residential Agricultural, as shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located south of 151h Street/Highway 16, immediately southeast of Walker Park. A three-way split -zoning is present with the site divided approximately in to. thirds. The northernmost third of the property is zoned R-A, Residential Agricultural, the middle third is zoned RMF-24, Residential Multi -Family, 24 Units per Acre, and the southernmost third is zoned 1-1, Heavy Commercial and Light Industrial. City zoning records indicate that the property has retained this split -zoned status since 1970 when Fayetteville adopted zoning. Despite the varied zoning, the property has remained agricultural in use. The lower third of the property is bisected by the Town Branch and its associated floodplain, which encumbers almost six acres of the overall site. Request: The request is to rezone the southern two-thirds of subject property from RMF-24, Residential Multi -family, 24 Units per Acre, and 1-1, Heavy Commercial and Light Industrial, to R- A, Residential Agricultural. This will result in an R-A designation across the property. The applicant has not stated specific development intent other than to protect agricultural land and conserve open space. Public Comment: Staff has received no public comment regarding this request. Land Use Compatibility: The proposed zoning is inconsistent but generally compatible with the surrounding land use pattern of the area. Despite there being a broad mixture of uses immediately adjacent to the subject property and further afield, including single-family residential, a manufactured home park, mini -storage, and a milk processing plant, the uses allowed under the Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 R-A zoning district pose limited potential for adverse impacts. In fact, aerial imagery and applicant testimony indicate that the entirety of the property has been used agriculturally for decades without documented complaint. Additionally, the existing zoning lends itself to the request, with the portion of the property currently entitled to the highest density and intensity located within the floodplain of the Town Branch. Where 1-1 or RMF-24 may be appropriate if located near 151h Street, their current application to floodplain and floodway is not conducive to protecting the riparian corridor. Lacking an open space zoning tool, the R-A zoning district has served the function of limiting development in floodplains to a degree that is appropriate to its sensitive nature. Land Use Plan Analysis: Staff finds the proposed R-A zoning to be compatible with the Future Land Use Map and consistent with its designation of the lower two-thirds of the subject property as Natural Area. As noted above, without an open space zoning designation staff and the Planning Commission have frequently recommended application of the R-A zoning district to sensitive environmental areas, particularly along riparian corridors, where the district's low density allowance dis-incentivizes development. The applicant's request also aligns with City Plan 2040's goal to assemble an Enduring Green Network, with the southern half of the property designated as such. DISCUSSION: On January 27, 2020, the Planning Commission heard and tabled the request to afford the applicant time to consider the Commission's proposal to rezone portions of the property near 15'h Street for more intense development. Subsequently, on February 10, 2020, the Planning Commission forwarded the proposal to the City Council with a recommendation for approval by a vote of 6-3-0. Commissioners Hoffman, Johnson, and Paxton voted 'no'. A member of the public and employee of Hiland Dairy spoke at the February 101h meeting, commenting that residential development may not be appropriate given the current rate of noise complaints associated with the dairy plant to the east. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report 2 RZN 19-6963 KO MA N D E R 19-6963 Close up view EXHIBIT 'A' Legend •©•© Shared Use Paved Trail - - - Trail (Proposed) Planning Area Fayetteville City Limits Building Footprint Feet 0 75 150 300 450 600 1 inch = 200 feet r� W a s� NORTH Zoning Acres R-A 8.7 Total 8.7 Owner: KOMANDER, JOHANN KASPER & KRISTEN NIPPER Address; 15005 COLLEGE AVE Mail Address: 187 E 9TH ST FAYETTEVILLE, AR 72701 19-6963 EXHIBIT 'B' Sub: 22.16-30 FAYETTEVILLE OUTLOTS City: Fayetteville Assessed Vahte. 15,640 S-T-R: 22.16.30 Block / Lot: N/A J NIA Acres: 7.730 Legal: PT NVJ'SW 7.73 AC FURTHER DESCRIBED FROM ;MODIFIED ATTACHED JENKINS SURVEY AS: Part of the Northwest Quarter of the Southwest. Quarter of Section 4, in Township 16 North, of Range 30 West,, being snore particularly described as follows: Beginning at the Northwest torner of the Northwest Quorteeof the Southwest Quarter of Section 22., said running thence N89°3908"E 237.52 feet along the North line of said 40 acre tract, thence leaving said North line and running S004101VT 290.74 feet to and along a fence line and Its projection to an iron pin located in a fence (line; thence N89°31'001 159.98 feet along said fence fine to an iron pin; 500`10'38"E 819.77 feet to an Iron pin; N89`31'00'E 393.50 feet to an iron pin located on the West tine of said 40 acre tract; N0041018"1N 1110,10 feet to the ,point of beginning, eontaining 7AS acres, more or less. LESS & EXCEPT FURTHER DESCRIBED FROM MODIFIED 928.42 AS: Part of the Northwest Quarter of the Southwest Quarter of Section 22, in Township 16 North, of Range 30 West, described as follows; Beginning at 123.50 feet East and 40 feet: South of the Northwest corner of said 40 acre tract, and running thence South 290.76 feet-, to point of beginning thence South 819.77 feet; thence Fast 70 feet; thence North 819.77 feet; thence West70 feetto the point of beginning, containing 1.25 acres, more or less. LESS & EXCEPT (DESCRIBED PER 2019• 29252 AS: Part of the Northwest Quarter of the Southwest Quarter of Section 22, Township 16 North, Range 30 West, Washington County, Arkansas. more particularly described as follows: Commencing at a point being used as the Quarter Cotner of Sections 21 and 22; thence South 02' 52' 05" West along the West line of the Northwest Quarter of the Southwest Quarter of Section 22 a distance of 40.00 feet to a point on the Southerly right of way line of State Highway 16 as established by ARDOT Job 9458 for the POINT OF BEGINNING; thence South S7' 31' 06" East along said right of way line a distance of 235.23 feet to a point; thence South 03' 16' 36"West a distance of 1.12 feet to a point on the Southeasterly right of way line of State Highway 16 as established by ARDOT Job 040579: thence North 881 OS' 16" West along said right of way line, a distance of 235.25 feet to a point on the West (line of the Northwea Quarter of the Southwest Quarter of Section 22; thence North 02° ST 05" East along West line a distance of 3.45 feet to a point of beginning and containing 0.01 acres more or less as shown on plans prepared by the ARDOT referenced as040579. i Mwe Info 9 Map :; Parcel: 765-15171.000 RPM. 52092 Prev.Parcc1:148244-000-OD Type: Agri UsefVacant Owner, KOMANDER, JOHANN KASPER & Sub: 22-16-301FAYMEVILCE S-T-R: 22-16.3D KRISTEN NIPPER OUTiLOTS Block / Lot: N/A /N!A Address: N/A City: Fayetteville Acres: 1.250 Mall Address- 187 E 9TH ST Assessed Value; 60 FAYETTEVILLE, AR 72701 Legal: 'PT NW SW 1.23AC FURTHER DESCRIBED FROM iMODIFIED928.42 AS: Part of the Northwest Quarter of the Southwest Quarter of Section 22, in Township 16 North, of Range 30 West, described as follows: Beginning at 323.5 feet East and 40 feet: Scuth.of'the Northwest corner of said 40 atre tract, and running thence South 290.76 feet; to point of beginning thence South 81937 feet, thence East 70 feet, thence North 819,77 feet; thence West 70 feet to the point of beginning, containing 1.25 acres, snore or less, CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Review Manager MEETING DATE: February 10, 2020 (Updated with Planning Commission Results) SUBJECT: RZN 19-6963: Rezone (123 E. 16T" ST./KOMANDER, 602): Submitted by JOHANN KOMANDER for property located at 123 E. 15T" ST. The property is zoned R-A, RESIDENTIAL AGRICULTURAL, RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, & 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 6.37 acres. The request is to rezone the property to R-A, RESIDENTIAL AGRICULTURAL. RECOMMENDATION: Staff recommends forwarding RZN 19-6963 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN 19-6963 to the City Council with a recommendation of approval." JANUARY 27, 2020 PLANNING COMMISSION MEETING: On January 27th, the Planning Commission tabled the request to afford the applicant time to consider the Commission's proposal to include additional property along 16t' Street to the applicant's request. The Commission referenced property zoned DG, Downtown General, on the north of 15th Street as a potential reference for zoning designations, citing the need for developable property near downtown. The portion of the property described by the Commission is not currently part of the applicant's request and would represent an increase in potential density and intensity over the existing R-A, Residential Agricultural, designation. Accordingly, staff advises that the public notification requirements have not reflected this, and that it would be appropriate to table and re -notify should the rezoning be expanded. Additionally, staff has concerns with the proposal to leverage a proposed rezoning application on one portion of a property to expand the applicant's request to include another area. BACKGROUND: The subject property is located south of 15th Street/Highway 16, just southeast of Walker Park. A three-way split -zoning is present with the site divided approximately in to thirds. The northernmost third of the property is zoned R-A, Residential Agricultural, the middle third is zoned RMF-24, Residential Multi -Family, 24 Units per Acre, and the southernmost third is zoned 1-1, Heavy Commercial and Light Industrial. City zoning records indicate that the property has retained this split -zoned status since 1970. Despite the varied zoning, the property has remined agricultural in use. The lower third of the property is bisected by the Town Branch and its associated floodplain which encumbers almost six acres of the overall site. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoninq Direction Land Use Zoning North Single-family Residential DG, Downtown General South Nonresidential (Largely Undeveloped) 1-1, Heavy Commercial and Light Industrial East Hiland Dairy Processing Plant 1-1, Heavy Commercial and Light Industrial West Manufactured Home Park; Mini -storage Units RMF-24, Residential Multi -family, 24 Units per Acre; 1-1, Heavy Commercial and Light Industrial Request: The request is to rezone the southern two-thirds of subject property from RMF-24, Residential Multi -family, 24 Units per Acre, and 1-1, Heavy Commercial and Light Industrial, to R- A, Residential Agricultural. The applicant has not stated specific development intent other than to protect agricultural land and conserve open space. Public Comment: Staff has received no public comment regarding this request. INFRASTRUCTURE: Streets: The subject parcel has direct access to 151h Street, which is classified as a Regional Link, High Activity in the Master Street Plan. This classification is comparable to the previous Master Street Plan's Principal Arterial classification. The property's 15th Street frontage is partially -improved with asphalt paving and open ditches. Any drainage or street improvements required would be determined at the time of development proposal. Water: Public water is available to the site. An existing 8-inch water main runs along the property's 15th Street frontage. Sewer: Public sanitary sewer is available to the site from two existing 8-inch sewer mains running along the eastern and western property lines before connecting with a large 42-inch main that bisects the property east -west. Drainage: No portion of the site lies within the Hilltop -Hillside Overlay District. With the presence of the Town Branch bisecting the site east -west, portions of this property are within FEMA floodway and floodplain and protected Streamside Protection Zones. Additionally, hydric soils have been identified on the subject property. Improvements or requirements for drainage would be determined at the time of development. Fire: The site will be protected by Station 3, located at 1050 S. Happy Hollow Road, which is approximately 1.4 miles from the subject property. The anticipated response time would be approximately 4.2 minutes. This is within the response time goal of 6 minutes for an engine but within the 8-minute response time goal for a ladder truck. 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 property within the proposed rezone as Industrial and Natural Area. Industrial Areas are those areas where buildings and uses may not or cannot conform to one of the other urban Future Land Use designations due to unique production processes or characteristics that can cause GAETC\Development Services Review\2019\Development Services\19-6963 RZN 123 E. 15th St. (Komander) 602\03 PC\02-10-2020 adverse impacts. Natural Areas are those lands approximating or reverting to a wilderness condition, including properties with limited development potential due to topography, hydrology, vegetation, or value as an environmental resource. 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 inconsistent but generally compatible with the surrounding land use pattern of the area. Despite there being a broad mixture of uses immediately adjacent to the subject property and further afield, including single-family residential, a manufactured home park, mini -storage, and a milk processing plant, the uses allowed under the R-A zoning district pose limited potential for adverse impacts. In fact, aerial imagery and applicant testimony indicate that the entirety of the property has been used agriculturally for decades without documented compliant. Additionally, the existing zoning lends itself to the request, with the portion of the property currently entitled to the highest density and intensity located within the floodplain of the Town Branch. Where 1-1 or RMF-24 may be appropriate if located near 15th Street, their current application to floodplain and floodway is not conducive to protecting the riparian corridor. Lacking an open space zoning tool, the R-A zoning district has served the function of limiting development in floodplains to a degree that is appropriate to its sensitive nature. Land Use Plan Analysis: Staff finds the proposed R-A zoning to be compatible with the Future Land Use Map and consistent with its designation of the subject property as a Natural Area. As noted above, without an open space zoning designation staff and the Planning Commission have frequently recommended application of the R-A zoning district to sensitive environmental areas, particularly along riparian corridors, where the district's low density allowance dis-incentivizes development. The applicant's request also aligns with City Plan 2040's goal to assemble an Enduring Green Network, with the southern half of the property designated as such. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff believes that there is sufficient justification for rezoning the property to R-A. The compatibility of the request with adjacent properties and the general alignment of the request with the Future Land Use Map and City Plan 2040's goals suggest a rezoning to a district that allows limited development at this location is suitable and justified. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has access to 151h Street, a state highway and Regional Link - High Activity under the Master Street Plan. Given the nature of the request, which GAETC\Development Services Revievr\20190evelopment Services\19-6963 RZN 123 E. 15th St. (Komander) 602\03 PC\02-10-2020 is a down -zoning, staff anticipates that potential for traffic danger and congestion is significantly less when compared to residential or industrial development. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from RMF-24 and 1-1 to R-A will reduce both the potential density and intensity. This will, in turn, reduce the potential for an undesirable increase or load on public services. What is proposed is effectively a down -zoning and would remove allowances for dense residential uses along with nonresidential and industrial uses that generally have greater impacts on public infrastructure and services. Further, neither the Police and nor the Fire Department have expressed objection to the proposal. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN 19-6963 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: February 10, 2020 O Tabled ® Forwarded O Denied Motion: Canada, to forward to the City Council with a recommendation of approval. Sharp 6-3-0, Commissioners Hoffman, Johnson, and Paxton voted 'no' GAETC\Development Services Review\2019\Development Services\19-6963 RZN 123 E. 15th St. (Komander) 602\03 PC\02-10-2020 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.03 — R-A, Residential Agricultural o §161.16 — RMF-24, Residential Multi -Family, 24 Units per Acre o §161.30 —1-1, Heavy Commercial and Light Industrial • Request letter • One Mile Map' • Close-up Map • Current Land Use Map • Future Land Use Map GAETC\Development Services Review\20190evelopment Services\19-6963 RZN 123 E. 15th St. (Komander) 602\03 PC\02-10-2020 161.03 - District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses (1) Permitted Uses. I Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities V Unit 6 I Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training I (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities { Unit 20 Commercial recreation, large sites I Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities I Unit 42 Clean technologies (C) Density. Units per acre One-half ('/2) (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet G:\ETC\Development Services Review\2019\Development Services\19-6963 RZN 123 E. 15th St. (Komander) 602\03 PC\02-10-2020 (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5- 09; Ord. No. 5479, 2-7-12; Ord. No. 5945 . §3, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17) GAETC\Development Services Review\2019\Development Services\19-6963 RZN 123 E. 15th St. (Komander) 602\03 PC\02-10-2020 161.16 - District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre (A) Purpose. The RMF-24 Multi -family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitted Uses. ! Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 Multi -family dwellings i Unit 41 Accessory dwellings Unit 44 Cluster Housing Development (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre 24 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. f Manufactured home park 100 feet Lot within a Manufactured home park 50 feet Single-family 35 feet Two-family 35 feet Three or more 70 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 3,000 square feet Two (2) family 4,000 square feet Three (3) or more 7,000 square feet G:\ETC\Development Services Review\2019\Development Services\19-6963 RZN 123 E. 15th St. (Komander) 602\03 P002-10-2020 Fraternity or Sorority 2 acres Professional offices 1 acres (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet (E) Setback Requirements. Side Side Single & Rear Rear j Front Other Two (2) Other Single If Uses Family Uses Family A build -to zone that is located between the front property line and a line 8 feet 5 feet 20 feet 5 feet 25 feet from the front property line. (F) Building Height Regulations. Building Height 2 stories/3 stories/5 Maximum stories* * 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, between 10-20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(III); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; Ord. No. 5224, 3-3- 09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5495, 4-17-12; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) G:\ETC\Development Services Review\2019\Development Services\19-6963 RZN 123 E. 15th St. (Komander) 602\03 PC\02-10-2020 161.30 - District 1-1, Heavy Commercial And Light Industrial (A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light industrial uses which are compatible with one another but are inappropriate in other commercial or industrial districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to provide a degree of compatibility between uses permitted in this district and those in nearby residential districts. (B) Uses. (1) Permitted Uses. i Unit 11 City-wide uses by right Unit 3 Public protection and utility facilities Unit Cultural and recreational facilities 4 Unit 5 Government Facilities Unit 6 Agriculture Unit 13 Eating places 16 it Shopping in goods Uni1 17t Transportation trades and services Unit Gasoline service stations and drive-in/drive 18 through restaurants Unit 21 Warehousing and wholesale Unit 22 Manufacturing i Un 25 it Offices, studios and related services Unit Wholesale bulk petroleum storage facilities I 27 with underground storage tanks Unit 42 Clean technologies (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit FL 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communications facilities Unit 38 Mini -storage units Unit 43 Animal boarding and training (C) Density. None. G:\ETC\Development Services Review\2019\Development Services\19-6963 RZN 123 E. 15th St. (Komander) 602\03 PC\02-10-2020 (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front, when adjoining A or R districts 50 feet Front, when adjoining C, I, or P districts 25 feet Side, when adjoining A or R districts 50 feet Side, when adjoining C, I, or P districts 10 feet Rear 25 feet (F) Height Regulations. There shall be no maximum height limits in 1-1 District, provided, however, that if a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. None. (Code 1965, App. A., Art. 5(VIII); Ord. No. 2351, 6-2-77; Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79; Ord. No. 1747, 6-29-70; Code 1991, §160.039; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4992, 3- 06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5472; 12-20-11; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5945, §§5, 7, 1-17-17; Ord. No. 5982 , §1, 6-20-17; Ord. No. 6015, §1(Exh. A), 11-21-17) G:\ETC\Development Services Review\2019\Development Services\19-6963 RZN 123 E. 15th St. (Komander) 602\03 PC\02-10-2020 CITY OF FAYETTEVILLE, ARKANSAS REZONING RZN 19-6963 Request Letter Current Zoning District: The property is currently split into three different zoning districts as follows: The front half of the property bordering 15"' St is zoned Residential Agricultural (R-A). The middle half of the property is zoned Residential Multi -family -twenty-four units per acre (RMF-24). The back half of the property located across from Town Branch Creek is zoned Heavy Commercial and Light Industrial (I- 1). Requested Zoning District: The Applicant requests that the entire property be rezoned to Residential Agricultural. Compatibility of Proposed Zoning: The property is bordered by the following zoning districts; Residential Agricultural, Multi -family -twenty- four units per acre and Heavy Commercial and Light Industrial. The proposed zoning change is compatible with neighboring property because the proposed change is only expanding the current R-A zoning and not requesting a zoning change that is not already in use. The property has historically been used as an equestrian property for the last decade. The proposed rezoning will not adversely affect or conflict with surrounding land uses as the proposed rezoning seeks only to protect agricultural land, increase scenic attractiveness and conserve open space. The proposed rezoning is also compatible with the Fayetteville 2030 future land use plan as the plan describes the property as being used as a mix of an industrial and natural area. RZN 19-6963 Close Up View P_1 Legend �a F3 Shared Use Paved Trail Trail (Proposed) Planning Area Fayetteville City Limits Building Footprint KOMANDER Feet 0 75 150 300 450 1 inch = 200 feet .�� DG A& NORTH. Zoning Acres R-A 8.7 Total 8.7 . 4* RZN 19-6963 Future Land Use `v Legend Planning Area _ Fayetteville City Limits -- Shared Use Paved Trail Trail (Proposed) �� Building Footprint KOMAN DER .J Feet 0 145 290 580 870 1 inch = 400 feet NORTH FUTURE LAND USE 2030 Q Natural Area QRural Area - Industrial 1,160 Q complete Neighborhood Plan Non -Municipal Government NORTHWEST ARKAws Demomt AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting 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 -Clerks Office Ord 6290 Was inserted in the Regular Edition on: March 12, 2020 Publication Charges: $76.70 n s Brittany Smith Subscribed and sworn to before me Thisilfaay of VVYI", 2020. Notary Public My Commission Expires c�-0-'& l **NOTE** Please do not pay from Affidavit. Invoice will be sent. \h09�0��0U�N yS Ordinance:6290 File Number: 2020-0149 RZN 19-6963 (123 E. 15fH ST./KOMANDER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6963 FOR APPROXIMATELY 6.37 ACRES LOCATED AT 123 EAST 15TH STREET FROM R-A, RESIDENTIAL AGRICULTURAL, RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE AND 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO R-A, RESIDENTIAL AGRICULTURAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE. ARKANSAS: Section I : That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification ofthe property shown on the reap (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-A, Residential Agricultural, RMF-24, Residential Multi Family, 24 Units Per Acre and 1-1, Heavy Commercial and Light Industrial to R-A, Residential Agricultural. 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 I. PASSED and APPROVED on 3/3/2020 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75244439 Mar 12, 2020