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HomeMy WebLinkAboutOrdinance 6331/ I IIIIIII (IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII jN o-"} Doc ID: 019337370003 Type: REL Kind: ORDINANCE Recorded: 07/27/2020 at 01:08:04 PM Paqe i of 3 Fee Amt: $25.00 Washinqton County, AR Kyle Sylvester Circuit Clerk 113 West Mountain Street File2020-00025350 Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6331 File Number: 2020-0500 RZN 20-7112 (1101 W. CATO SPRINGS RD./MCDONALD): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7112 FOR APPROXIMATELY 0.29 ACRES LOCATED AT 1101 WEST CATO SPRINGS ROAD FROM I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN 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 1-1, Heavy Commercial and Light Industrial to RI-U, Residential Intermediate -Urban. 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 7/7/2020 App Lioneld Mayor Page 1 Attest: •`4 `CITY0�'�9cl� •�= Kara Paxton, City Clerk Treasurer ; FAYf/?EV Print� • . • ,,��yy `�� �`4, SON COvN��`� RZN20-7112 Close Up View Legend DAMON MCDONALD PETTIGREW ST Shared Use Paved Trail Trail (Proposed) Planning Area ___ Y Y Fayetteville City Limits � Building Footprint CATO SPRINGS RD Proposed L Subject Property Feet 0 112.5 225 450 675 1 inch = 300 feet 20-7112 EXHIBIT 'A' EDEN CIR o W w RS F-4 0 O J U } U O U Z U O Q-KY"'- U NORTH Zoning Acres RMF-24 0.6 900 Total 0.6 • 2020-7112 EXHIBIT 'B' LEGAL DESCRIPTION: EAST HALF OF LOT NUMBERED ONE (1) IN BLOCK NUMBERED ONE (1)AND THE VACATED 20'ALLEY ALONG THE EAST SIDE OF LOT NUMBERED ONE(1) IN BLOCK NUMBERED ONE (1) IN BROAD ACRES A SUBDIVISION OF PART OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION TWENTY NINE (29) IN TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30)WEST AS DESIGNATED UPON THE RECORDED PLAT OF SAID SUBDIVISION, WASHINGTON COUNTY. ARKANSAS; Being more particularly described as follows: Commencing at the NE Corner of Section 29, T-16-N, R-30-W. thence S02°31'31"W 36.42 feet to the POINT OF BEGINNING; thence continue S02°31'31"W 190.12 feet, thence N87°28'29"W 128.19 feet, thence NO2°50'15"E 194.60 feet, thence S85°27'25"E 127.21 feet to the POINT OF BEGINNING, Containing 0.56 acres, more or less, subject to easements and right of ways of record. Washington County, AR I certify this instrument was filed on 07/27/2020 01:08:04 PM and recorded in Real Estate File Number 2020-00025350 Kyle Sylvester - Circuit Clerk y City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 . ; Text File File Number: 2020-0500 Agenda Date: 7/7/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 6 RZN 20-7112 (1101 W. CATO SPRINGS RD./MCDONALD): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7112 FOR APPROXIMATELY 0.29 ACRES LOCATED AT 1101 WEST CATO SPRINGS ROAD FROM I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN 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 I-1, Heavy Commercial and Light Industrial to RI-U, Residential Intermediate -Urban. 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 71812020 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2020-0500 Legistar File ID 7/7/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/19/2020 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: RZN 20-7112: Rezone (1101 W. CATO SPRINGS RD./D. MCDONALD, 638): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 1101 W. CATO SPRINGS RD. The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 0.29 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Fund Project Title V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS W MEETING OF JULY 7, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Review Manager DATE: June 19, 2020 CITY COUNCIL MEMO SUBJECT: RZN 20-7112: Rezone (1101 W. CATO SPRINGS RD./D. MCDONALD, 638): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 1101 W. CATO SPRINGS RD. The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 0.29 acres. The request is to rezone the property to RI-U, Residential Intermediate -Urban. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property includes approximately 1.81 acres on the south side of Garland Avenue's intersection with Cato Springs Road. Development on the property is limited to a single-family house built in 1955. Despite the enduring residential use, the property's industrial zoning designation originates with Fayetteville's adoption of zoning in 1970. The site is generally level with a gradual slope to the southeast towards the Town Branch. Request: The request is to rezone the subject property from 1-1, Heavy Commercial and General Industrial to RI-U, Residential Intermediate- Urban. The rezoning is to develop the property for residential use. The applicant's initial proposal was for RMF-24, Residential Multi -family, 24 Units per Acre, but the applicant consented to the Commission's proposal for RI-U. Land Use Compatibility: In staffs opinion, the uses permitted within the RI-U zoning district are compatible with the surrounding residential uses to the north, east, and west. Although the property to the south and west will remain zoned for industrial uses, this zoning designation along Cato Springs Road is increasingly a relic of Fayetteville's past as a regional manufacturing and transport hub. In all likelihood, these properties will also see rezoning action and be developed with residential or non -industrial land uses. Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with both the Fayette Junction Master Plan and City Plan 2040. Although large areas of Fayette Junction were rezoned along with the Plan, the subject property was not, and it maintains the 1-1 designation that has been in place since Fayetteville's adoption of zoning and despite its historic residential use. Rezoning the property to RI-U at this location acknowledges a guiding principle Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 of the Fayette Junction plan to support multi -modal transit through increased density. Residents that participated in the plan's drafting determined that higher density is necessary and appropriate to support transit, with an anticipated hub northwest of the subject property. Another principle of the Fayette Junction plan, integration of the natural and built environments, can also be served through the proposed rezoning. The requested RI-U district and its associated build - to zone require structures to be located along a street. On the subject property, this means Cato Springs Road and may result in buildings being placed outside or near the outer extents of the 100-year floodplain that is present. The existing industrial zoning requires buildings to be setback from the street and in closer proximity to the Town Branch. As it relates to City Plan 2040 and its supporting documents, the proposed rezoning addresses several goals. Development of the property represents appropriate infill through use of existing infrastructure and amenities. At the same time, development under the proposed rezoning encourages a livable transportation network by placing more housing near access transit and trail. Lastly, the Future Land Use Map's designation of the property as a City Neighborhood Area indicates that it is anticipated to develop in a complete, compact, and connected pattern. Although other zoning districts that permit small, contextually -appropriate nonresidential uses may also be appropriate, staff agrees that the proposed RI-U zoning district supports the diversity of housing types promoted in City Neighborhood Areas. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score between 5 and 6 for the subject property. The following elements of the matrix contribute to the score: • Within a Master Plan Area (Fayette Junction) • Near ORT Bus Stop (Route 20) • Near Park (Greathouse Park) • Near Trail (Town Branch) • Near Water Main (Cato Springs Road) • Near Sewer Main (Cato Springs Road) DISCUSSION: On June 8, 2020, the Planning Commission inquired whether the applicant would consider the RI-U zoning designation in -lieu of the requested RMF-24. The applicant consented and the Planning Commission forwarded the rezoning request to the City Council with a recommendation of approval. The Commission voted unanimously in favor of the motion. Following publication of staff's Planning Commission report, public comment was received from a resident who expressed a preference for the RI-U zoning designation (attached). BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report • Public Comment RZN20-7112 I DAMON MCDONALD Close Up View PETTIGREW ST (S CATO SFPRINGI S RD Proposed L Rl-U =SubjectProperty —EDEN CIR o Uj w RS F-J > O J U � U RNil -2a O U Z U O Q-KY'--- NORTH Legend zoning Acres Shared Use Paved Trail RMF-24 0.6 Trail (Proposed) - - - Feet - - : Planning Area Fayetteville City Limits 0 112.5 225 450 675 900 Building Footprint 1 inch = 300 feet Total 0.6 2020-7112 LEGAL DESCRIPTION: EAST HALF OF LOT NUMBERED ONE (1) IN BLOCK NUMBERED ONE (1) AND THE VACATED 20' ALLEY ALONG THE EAST SIDE OF LOT NUMBERED ONE(1) IN BLOCK NUMBERED ONE (1) IN BROAD ACRES A SUBDIVISION OF PART OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION TWENTY NINE (29) IN TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST AS DESIGNATED UPON THE RECORDED PLAT OF SAID SUBDIVISION, WASHINGTON COUNTY, ARKANSAS; Being more particularly described as follows: Commencing at the NE Corner of Section 29, T-16-N, R-30-W, thence S02031'31 "W 36.42 feet to the POINT OF BEGINNING; thence continue S02031'31 "W 190.12 feet, thence N87°28'29"W 128.19 feet, thence N02050'15"E 194.60 feet, thence S85027'25"E 127.21 feet to the POINT OF BEGINNING, Containing 0.56 acres, more or less, subject to easements and right of ways of record. CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Review Manager MEETING DATE: June 8, 2020 (Updated with Planning Commission Results) SUBJECT: RZN 20-7112: Rezone (1101 W. CATO SPRINGS RD./D. MCDONALD, 638): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 1101 W. CATO SPRINGS RD. The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 0.29 acres. The request is to rezone the property to RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN 20-7112 to City Council with a recommendation for approval. RECOMMENDED MOTION: "I move to forward RZN 20-7112 to City Council with a recommendation for approval." BACKGROUND: The subject property includes approximately 1.81 acres on the south side of Garland Avenue's intersection with Cato Springs Road. Development on the property is limited to a single-family house built in 1955. Despite the enduring residential use, the property's industrial zoning designation originates with Fayetteville's adoption of zoning in 1970. The site is generally level with a gradual slope to the southeast towards the Town Branch. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Multi -family Residential RMF-24. Residential Multi -Family, 24 Units per Acre South Undeveloped 1-1, Heavy Commercial and Light Industrial East Single-family Residential RMF-24, Residential Multi -Family, 24 Units per Acre West Single-family Residential 1-1, Heavy Commercial and Light Industrial Request: The request is to rezone the property from 1-1, Heavy Commercial and Light Industrial, to RMF-24, Residential Multi -family, 24 Units per Acre. The applicant has indicated that this is necessary to develop the property for residential use. Public Comment: Staff has received no public comment. INFRASTRUCTURE: Streets: The overall property has frontage to West Cato Springs Road. Cato Springs Road is a partially improved Neighborhood Link, with asphalt paving, curb and gutter, and storm drainage along the subject property's frontage. Any street Planning Commission June 8, 2020 Agenda Item 9 20-7112 D McDonald Page 1 of 15 improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject area. An existing 8-inch water main is present along the north side of Cato Springs Road and can serve the subject property. Sewer: Sanitary Sewer is available to the subject area. An existing 8-inch sanitary sewer main is present along Cato Springs Road. Drainage: While the property is not within the Hilltop -Hillside Overlay District, FEMA- designated floodplain associated with the Town Branch encumbers the majority of the site. As a result, hydric soils appear to be present throughout the property. Any additional improvements or requirements for drainage will be determined at time of development. Fire: The property is protected by Station 6, located at 900 South Hollywood, which is about 1.6 miles away with an anticipated drive time of approximately 5 minutes using existing streets. The anticipated response time would be approximately 7.2 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. Police: The Police Department expressed no concerns with this request CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score between 5 and 6 for the subject property. Per the Planning Commission's Infill Matrix weighting, this represents a score of 7_5. The following elements of the matrix contribute to the score: • Within a Master Plan Area (Fayette Junction) • Near ORT Bus Stop (Route 20) • Near Park (Greathouse Park) • Near Trail (Town Branch) • Near Water Main (Cato Springs Road) • Near Sewer Main (Cato Springs Road) Note: The City is currently evaluating fire station locations in South Fayetteville, including one location approximately'/2 mile from the subject property which would likely result in a sub-4 minute response time. 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. GAETC\Development Services Review\2020\Development Services\20-7112 RZN 1101 W. Cato Springs Rd. (D. McDonald) 638\03 PC Planning Commission June 8, 2020 Agenda Item 9 20-7112 D. McDonald Page 2 of 15 Finding: Land Use Compatibility: In staff's opinion, the uses permitted within the RMF-24 zoning district are compatible with the surrounding residential uses to the north, east, and west. Although the property to the south and west will remain zoned for industrial uses, this zoning designation along Cato Springs Road is increasingly a relic of Fayetteville's past as a regional manufacturing and transport hub. In all likelihood, these properties will also see rezoning action and be developed with residential or non -industrial land uses. Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with both the Fayette Junction Master Plan and City Plan 2040. Although large areas of Fayette Junction were rezoned along with the Plan, the subject property was not, and it maintains the 1-1 designation that has been in place since Fayetteville's adoption of zoning and despite its historic residential use. Rezoning the property to RMF-24 at this location acknowledges a guiding principle of the Fayette Junction plan to support multi -modal transit through increased density. Residents that participated in the plan's drafting determined that higher density is necessary and appropriate to support transit, with an anticipated hub northwest of the subject property. Another principle of the Fayette Junction plan, integration of the natural and built environments, can also be served through the proposed rezoning. The requested RMF-24 district and its associated build - to zone require structures to be located along a street. On the subject property, this means Cato Springs Road and may result in buildings being placed outside or near the outer extents of the 100-year floodplain that is present. The existing industrial zoning requires buildings to be setback from the street and in closer proximity to the Town Branch. As it relates to City Plan 2040 and its supporting documents, the proposed rezoning addresses several goals. Development of the property represents appropriate infill through use of existing infrastructure and amenities. At the same time, development under the proposed rezoning encourages a livable transportation network by placing more housing near access transit and trail. Lastly, the Future Land Use Map's designation of the property as a City Neighborhood Area indicates that it is anticipated to develop in a complete, compact, and connected pattern. Although other zoning districts that permit small, contextually -appropriate nonresidential uses may also be appropriate, staff agrees that the proposed RMF-24 zoning district supports the diversity of housing types promoted in City Neighborhood Areas. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant's request letter describes the proposal as necessary for development of the property with two 2-family dwellings. Development specifics aside, staff finds the proposed zoning is justified and needed to create consistency between land use planning documents and the existing development on this property along with uses in the wider area. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. G:\ETC\Development Services Review\2020\Development Services\20-7112 RZN 1101 W. Cato Springs Rd. (D. McDonald) 638\03 PC Planning Commission June 8, 2020 Agenda Item 9 20-7112 D McDonald Page 3 of 15 Finding: Although the property's current industrial zoning designation permits land uses of significant intensity, rezoning the property to RMF-24 may appreciably increase traffic to this location due to the number of vehicle trips associated with residential uses. With due consideration for this potential, the site has direct access to Cato Springs Road, a Neighborhood Link, which directly connects, in turn, to Razorback Road to the west and School Avenue to the east. This connectivity ensures that an increased number of vehicle trips can be accommodated and distributed with little to no increase in congestion. Staff's finding is further validated by local accident and traffic data, with only two non -injury accidents reported at the adjacent intersection of Cato Springs and Garland between 2015-2017, and a current Average Daily Traffic count of 3,200 along Cato Springs. As a Neighborhood Link, Cato Springs Road is intended to support volumes of up to 6,000 a day. 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 to RMF-24 will lead to an increased density over the current 1-1. However, there are existing and adequate water and sanitary sewer services to support development. Additionally, neither the Police or Fire Departments, nor the Fayetteville Public School District expressed concerns with the rezoning. 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 20-7112 to the City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES Date: June 8, 2020 O Tabled M Forwarded O Denied Motion: Belden, recommending in favor and amending the request to RW with the applicant's consent. Second: Brown Vote: 9-0-0 GAETC\Development Services Review\2020\Development Services\20-7112 RZN 1101 W. Cato Springs Rd. (D. McDonald) 638\03 PC Planning Commission June 8. 2020 Agenda Item 9 20-7112 D. McDonald Page 4 of 15 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.16 — RMF-24, Residential Multi -family, 24 Units per Acre o §161.30 — 1-1, Heavy Industrial and Light Commercial • Request letter • Master Plan Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map G \ETC\Development Services Review\2020\Development Services\20-7112 RZN 1101 W. Cato Springs Rd. (D. McDonald) 638\03 PC Planning Commission June 8.2020 Agenda Item 9 20-7112 D McDonald Page 5 of 15 161.16 - 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 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. 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 G:\ETC\Development Services Review\2020\Development Services\20-7112 RZN 1101 W. Cato Springs Rd. (D. McDonald) 638\03 PC Planning Commission June 8, 2020 Agenda Item 9 20-7112 D. McDonald Page 6 of 15 (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 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 Rear Rear Front Other Single & Other Single Uses Two (2) Uses Family 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. Accessory ground mounted solar energy systems shall not be considered buildings. (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, Ord. No. 6245 , §2, 10-15-19) GAETC\Development Services Review\2020\Development Services\20-7112 RZN 1101 W. Cato Springs Rd. (D. McDonald) 638\03 PC Planning Commission June 8, 2020 Agenda Item 9 20-7112 D. McDonald Page 7 of 15 161.30 - 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. Unit City-wide uses by right 1 Unit Public protection and utility facilities 3 Unit Cultural and recreational facilities 4 Unit Government Facilities 5 Unit Agriculture 6 Unit Eating places 13 Unit Shopping goods 16 pp g Unit Transportation trades and services 17 Unit Gasoline service stations and drive-in/drive 18 through restaurants Unit Warehousing and wholesale 21 Unit Manufacturing 22 Unit Offices, studios and related services 25 Unit Wholesale bulk petroleum storage facilities 27 with underground storage tanks Unit Clean technologies 42 (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 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 G:\ETC\Development Services Review\2020\Development Services\20-7112 RZN 1101 W. Cato Springs Rd. (D. McDonald) 638\03 PC Planning Commission June 8, 2020 Agenda Item 9 20-7112 D McDonald Page 8 of 15 (C) Density. None. (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\2020\Development Services\20-7112 RZN 1101 W. Cato Springs Rd. (D. McDonald) 638\03 PC Planning Commission June 8, 2020 Agenda Item 9 20-7112 D McDonald Page 9 of 15 JORGENSEN +ASSOCIATES June 4, 2020 City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 RZN 20-7112 Request Letter ATTN: Planning Department RE: 1101 W. Cato Springs Rd. Rezoning (Damon McDonald) 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office 4794429127 Fax 479 5824807 Attached please find information pertaining to a Rezoning request for Damon McDonald located at 1101 W. Cato Springs Rd. This is for an approximately 1-acre lot on the south side of town. To the north are the Crown Ridge Apartments (RMF-24) and a duplex apartment (RMF-12). To the west is a single-family home that is currently in industrial zoning (1-1). To the east is a single-family home (RMF-24). To the south is undeveloped (1-1) property. Access to the property is off of Cato Springs Rd. to the north. Water and sewer exist on Cato Springs Rd. The current zoning is 1-1 and the request is to rezone to RMF-24 for the construction of two duplexes as shown on the enclosed drawing. As multi -family continues to grow in this area, we feel that RMF-24 will act as a suitable transition from residential zones to the current industrial areas. If rezoned, we will proceed with a lot split. If the planning staff thinks that another zoning is appropriate for two duplexes, please let us know. Thank you, .41 David L Jorgensen, P.E. Planning Commission June 8, 2020 Agenda Item 9 20-7112 D. McDonald Page 10 of 15 IY l , 1• .i_ °Y •fl4G�J U•40U�;.,i .•.. ,i,. ,,,, •,,,,,, b� t l' �.��, lovci ��� ;•�°b.00�°oiv °9 C, ., ;t it'..i#o�6 • ro® ,'' ;Ir t� 'a,•� =a/py 4 .. r •.b S ., �� tea.. • -.+,_._.> ©' �, 4 J RZN 20-7112 Master Plan Exhibit Q'd� �.,�•.,,..,•, �y+l:�■ s, ,..1.,,.:,�: AV 6 ago' . �••• .....ti... .° . Js „ + .... y{ jJ .off. fits g�;Tl/il'yt It .......... !.. F....... ..................: Y f r, FAYETTE JUNCTION ILLUSTRATIVE MASTER PLAN FAYETTEVILLE, ARKANSAS SEPTEMBER 2008 ADOPTED BY RESOLUTION NO.95-09 APRIL 21, 2009 . " f Proposed Parking Structure N Existing Building _ Proposed Building - Existing Civic Building • • • • • Study Are. Boundary `-- -- ARTP Muter Plan Roads Agenda Item 9 20-7112 D McDonald Page 12 of 15 RZN20-7112 I DAMON MCDONALD Close Up View PETTIGREW ST Proposed [RMF-24' Subject Property R N I F-24 Legend Shared Use Paved Trail Trail (Proposed) - - - Feet Planning Area Fayetteville City Limits 0 112.5 225 450 675 Y Y Building Footprint 1 inch = 300 feet Ila EDEN CIR o w RSF 4 > J U 0 � U O U z a -KY " -- U NORTH e Zoning Acres RMF-24 0.6 Total 0.6 Planning Co mission 8, 2020 Agenda Item 9 20-7112 D. McDonald Page 13 of 15 Agenda Item 9 20-7112 D McDonald Page 14 of 15 RZN20-7112 I DAMON MCDONALD Future Land Use D rr m Non -Municipal Government Legend 1 - - . IL - Planning Area L Fayetteville City Limits Shared Use Paved Trail - - - Trail (Proposed) L _� Design Overlay District Building Footprint Feet 0 145 290 580 870 1160 1 inch = 400 feet Open Space ),EY AL Io 8 0 �} 0 s�� LU > if, a w z ..I U W > =N CIR W w z > ir O w J Q �U KYLE DR I >d ORENA LN Industrial City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center Planning C -MY* 8, 2020 Agenda Item 9 20-7112 D. McDonald Page 15 of 15 Curth, Jonathan From: CityClerk Sent: Monday, June 08, 2020 11:53 AM To: Harrison, Andy Cc: Curth, Jonathan; Sarah Marsh Subject: FW: Rezoning 1101 Cato Springs Rd Please forward the below information to the Planning Commission. This information is in reference to an item on the Planning Commission Agenda for tonight's meeting (6/8/2020). Thank you, Ka**al Pa yto-n. City Clerk Treasurer City of Fayetteville, Arkansas kapaxton(c .favetteville-ar.00v T 479.575.8323 CITY OP PAYINTrovaLl From: Sarah Marsh <sarahemarsh@gmail.com> Sent: Monday, June 8, 2020 11:49 AM To: CityClerk <cityclerk@fayetteville-ar.gov> Subject: Rezoning 1101 Cato Springs Rd CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Kara - Please forward to the Planning Commission in advance of tonight's meeting. Planning Commissioners, I own and occupy the property next door to 1101 W Cato Springs Rd. I support redevelopment of the lot to allow for an increase in density and a variety of housing types, however instead of RMF-24, I recommend the lot to be rezoned to one of our form -based districts, preferably RI-U. I plan to redevelop my property in the near future to infill my large lot with a cottage court facing the trail. Currently my parcel is zoned RMF-24 but I plan on applying for RW as well. I purchased my home in Fayette Junction because of the vision for the neighborhood laid out in the Fayette Junction Master Plan. I believe the RMF-24 is a relic from before we had a menu of form -based zones to choose from. The RW zoning is a better tool for achieving the vision for growth established by residents at the time of the complete neighborhood plan. Another issue of vital concern is stormwater. The parcel in question is entirely within the floodplain and a significant amount of the stormwater runoff drains onto my property. Please strongly encourage LID stormwater management techniques to slow, spread, and infiltrate stormwater on the property and minimize runoff onto adjacent parcels. Thanks, Sarah Sarah Marsh Licensed REALTOR Keller Williams Market Pro Realty 479.799.0393 1 sarah.marsh@kw.com Designer I Community Builder 3V Community Ecosystem Development 223 E 7th, Fayetteville, AR 72701 3VProlectMgr@gmail.com I www.3VDevelopment.net City Council Member City of Fayetteville, Ward 1 Position 2 113 W Mountain, Fayetteville, AR 72701 wardl post@Fayetteville-AR.gov ARCHIVED Demo= AZC#t P.C. 3CX TOT, PAYE17EVILL'c, AR, 72702. 479-442.1 %00 - PAX: 479.695.1118 • WWW.NWADC.COM AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of. Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6331 Was inserted in the Regular Edition on: July 12, 2020 Publication Charges: $79.04 _ ZA4V S„ � - Brittany Smith Subscribed and sworn to before me This (1 day ofl:� 2020. Notary Public My Commission Expires: Z�IS **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6331 File Number: 2020-0500 RZN 20-7112 (1101 W. CATO SPRINGS RD./MCDONALD): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7112 FOR APPROXIMATELY 0.29 ACRES LOCATED AT 1101 WEST CATO SPRINGS ROAD FROM 1-I, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO RI-U, RESIDENTIAL INTERMEDIATE - URBAN 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 1-1, Heavy Commercial and Light Industrial to RI-U, Residential Intermediate -Urban. 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 7n/2020 Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75294223 July 12, 2020