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ORD NO 07-2017 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO. 7 -2017 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND ORDINANCE NO. 7-1963 (VAN BUREN MUNICIPAL CODE NO. 14.04.01) FOR THE PURPOSE OF REZONING CERTAIN PROPERTY IN THE CITY OF VAN BUREN, ARKANSAS, AMENDING THE ZONING MAP OF THE CITY OF VAN BUREN, ARKANSAS,AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren,Arkansas, is duly incorporated under the law of the State of Arkansas, with all powers, authority and duties of a city of the first class; and WHEREAS, the City of Van Buren has adopted the Zoning Ordinance for the City of Van Buren (Ordinance No. 7-1963); and WHEREAS, a request has been made by Joseph Marrone represented by J&S Construction,LLC.,to rezone certain property within the city limits of the City of Van Buren; and WHEREAS, notice of a Public Hearing was duly published in the Press Argus Courier on January 21, 2017, and a public hearing was conducted as required by law(A.C.A. § 14-56-422)on February 7, 2017; and WHEREAS, as a result of this hearing,the Planning Commission has recommended that certain property within the city limits of the City of Van Buren be rezoned from its previous classification to the following: Property Zoned New Zoning R-2 (Two-Family Residential District) R-1B (Townhouse/Zero Lot Line Residential District) Legal Description: Lot 22,and PT Lot 23, Block 1, Faber Addition to the City of Van Buren,Arkansas; Layman's Description& Parcel Numbers 701 Poplar Street,Van Buren, Arkansas; 700-02510-000; ; and WHEREAS, the proposed rezoning herein was recommended by a majority vote of the entire Planning Commission, in accordance with A.C.A. § 14-56-422. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The above-described property is hereby rezoned from R-2 to R-1 B and the Van Buren Zoning Map is amended to reflect this rezoning. IN WITNESS WHEREOF,the City of Van Buren,Arkansas, by its City Council,did pass, approve, and adopt,by a vote of 5 for and / against the foregoing Ordinance at its regular meeting held on the 15'day of May 2017. a Robert D. - Mayor ATTESTED: • PPROilD • T FO' ►� . %T Phyrtis Thomas Candice A. Settle City Clerk/Treasurer City Attorney • f City of Van Buren Rezoning Application REZONE NUMBER:, 1-21)17 . APPLICANT NAME:S 6,5ktekekyar/CTELEPHONE NUMBER: 4 7%-r,D3 i' ADDRESS: gCO ad @uy4- c ' Pd • Mulberry Av.._rt1(1.7 PROPERTY OWNED BY: See (4,112t6Od TELEPHONE NUMBER: SCt.rY\ 'Ca ADDRESS: 7 a ! Pope. V 1. &Art(1 2_9,s COUNTY ASSESSOR'S PARCEL NUMBER: 1 OO — O5 I D "400 PRESENT USE: €(Y 1pill Lai PROPOSED USE: _;:tee Wti 14 0144, ®fa/ , V(APPLICANT SIGNATURE , 1 T P. cA s\a a p,Civ ' I PLANNING DEPARTMENT PROVIDES: REZONING FROM: R TO: R 1.13 DATE FILED I ' 1 I 1'1 PUBLIC HEARING DATE: Z~ 1 '1- k. CONTINUED TO DATE: APPLICATION FEE PAID: A A16.00 C) , OTHER FEES: PLANNING COMMISSION ACTION: otJd DATE: 1 ( -- ( 9 ( CITY COUNCIL ACTION: DATE: ORDINANCE NUMBER . t May 9,2017 RE: 701 Poplar St. Rezone from R-2 (Duplex) to R-1B (Townhouse/Zero Lot-Line Residential) Dear Respected Aldermen and the Honorable Mayor Bob Freeman: This letter is in regard to the request,and approval from the Van Buren Planning Commission, of the rezoning of 701 Poplar St.,Van Buren,AR,which was previously zoned R-2,with request to change to R-1B.This specific Zone as laid out in the zoning ordinances for Van Buren Arkansas is very applicable for our desired project. Townhome living is becoming very popular and comfortable in urban communities all across our state and country. We have built successfully,this style townhome from Russellville to Northwest Arkansas and most recently Van Buren,Arkansas and the river valley. Townhomes draw a clientele that seek privacy,convenience,location and proximity to all of the amenities that a successful city like yours has to offer. In section 1 —B page 9,it is laid out for specific use of land in the city limits for connected town- homes,that makes much sense and is very wise in its parameters. We already have built a unit of town-homes in Van Buren,on the corner of sixth and Drennen Street last year with tremendous success. Since we have made our units available,they have been 100%occupied with zero turnover. We have been careful to learn through experience and the need for correction,how to be compliant and to satisfy all of the requirements of Van Buren for such a project on difficult building-lots such as mine. As I can demonstrate,we arc building a product that complies with section 1 —B,and is ready for Construction. I ask that you give this project and request by myself and through the approval of the planning commission your professional and Progressive consideration. Thank you,and I look forward to answering any questions you may have. My phone number is 479-883-5384. Sincerely and with all the best regards, Joey and Stacy Marrone. JandS Construction Inc. ti R-2ti1 ° ! ° t: R-2 R 2 ` . R2, ffi 11111 .. t i ' - M .1 :4 oilier R"` R Y d € t! .` .. „ . R-2 "'':�"'- _- `y, �� . .- a- R_2 116 R 2 R-2 . .11 lye } r r" 5 ,..,=.4 j G +tom °',` ,,^ •4 i ` ' I R R-2 R-2 _ - Ari+ ` R2 R2 R2 a; R-2 --,:k.-u R2= R-2 v3] ,q r Mir " POPLAR ST R-Z t V ) •, a t C.2 S R 2 , 1 '7 P2 R ' c 2 r R-2 IES, k-2 Vi 1,1 ia w' C 2 City of VanBuren, Arkansas Rezoning Request i ° , 701 Poplar Van Buren, AR- ( 72956 • Rezone from R-2 to R1B , • � '` CityLimits z, J&S Construction Inc. N t s . {j.� ' Subject Parcel ��� „ P. Parcels February 7th, 2.07157 @ 5:30 p.m. � 1 inch feet 0 25 50 100 150 imiii0INI Feet c. Side yard street: 15 feet from street property line or 35 feet from centerline of existing right-of-way,whichever is the greater. (Ord.6-1974) d.Rear yard: minimum of 20 feet from property line or center of alley where one • exists. 4. Width. Minimum width of a lot at the front yard line or building line shall be 66 feet for one family dwelling. 5. Height.Maximum height of a structure shall be two stories and not to exceed 35 feet. 6. On-Lot Parking Space One family: One on-lot parking space shall be provided. 7.Places of Public Assembly a. Height. Maximum height shall be two stories and not to exceed 35 feet for that portion of the structure utilized for assembly or offices. b. Yard Requirements. Minimum of 25 feet set back from all property lines. On property abutting a street,25 feet from property line or 50 feet from center of street, whichever is greater. c. On-Lot Parking.Places of public assembly shall provide one on-lot parking space per each six persons accommodated in the assembly hall. SECTION 1-B: R-1B Townhouse/Zero Lot Line Residential District The provisions of this zoning classification shall be the same as the provisions governing Section 1,R-1 Zones,with the following exceptions and/or additional requirements: 1. Permitted Uses:Townhouses and zero lot line dwellings 2. Definitions: a. Zero lot line: Single family residences which have a zero lot line lot configuration. b. Townhouse: Single family residences which have either a townhouse design or a condominium ownership regime. 3. Minimum Lot Area: 2,200 square feet for townhouses and 5,000 square feet for zero lot line dwellings. The total building coverage shall not exceed sixty percent (60%)of the lot area. 9 • 4. Minimum Lot Width: Minimum width of 22 feet for townhouses and 50 feet for zero lot line dwellings. 5. Yard Requirements: a. Front Yard: 20 feet from property line or 45 feet from centerline of existing right- of-way;whichever is greater. b. Side Yard: On zero lot lines lots, there shall be a +9 7.5 foot minimum setback and at least 15 feet between adjacent buildings. Corner lots shall have a 15 feet minimum set back.None for townhouses except that on corner lots the minimum side yard shall be 20 feet. When an end unit of a townhouse does not side on a street, an open space of at least 20 feet in width shall be provided between any adjacent structures. c. Rear Yard: 20 feet for townhouse and zero lot line houses. However, spaces may be used for open carports. 6. Off Street Parking:A minimum of two parking spaces per dwelling unit. 7. Dwelling Units: A minimum of 3 and a maximum of 8 living units shall be permitted in each row of townhouses. 8. Additional Conditions: a. Public services and facilities are adequate to serve the zero lot line or townhouse development; b. Health, safety, and welfare will not be jeopardized as a result of the proposed development; c. Any and all specific conditions deemed necessary by the Planning Commission to fulfill the above-mentioned conditions shall be met by the applicant d. Common wall/lot guidelines: Zero lot line--the wall of the dwelling located on the zero lot line shall have no windows, doors, air-conditioning units, or any other type of openings; provided, however, that, atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three (3) walls of the dwelling unit and a solid wall of at least eight (8) feet in height is provided on the zero lot line. Said wall shall be constructed of the same material as exterior walls of the unit. In no case shall a zero lot line dwelling be built closer than eight (8) feet from the lot line of a lot not approved for zero lot line development. 10 ii Townhouse--Units shall be constructed up to common side lot lines without side yards, and no windows, doors, or other openings shall face a side lot line except that the outside wall of end units may contain such openings. However, where a two-story townhouse adjoins a single-story townhouse, windows may be installed in the second-story wall of the two- story townhouse. e. Drainage: A five(5)foot wall maintenance/improvement/drainage easement shall be provided on the lot adjacent to the zero lot line property,which, with the exception of walls and fences,shall be kept clear of structures.The easement shall be shown on the final plat. Roof overhangs may penetrate the easement on the adjacent lot a maximum of twenty-four(24) inches, but the roof shall be so designed that water runoff from the dwelling placed on the lot line is contained within the easement area. Roofs pitched in the direction of the zero lot line shall be guttered. f. Fire Wall Specifications: The dwelling wall abutting the zero lot line or townhouse shall comply with the current building code requirements. 9. Exclusivity of this Section:Attached zero line and townhouse development is only allowed pursuant to this ordinance. SECTION 2. R-2 Family Residential District 1. Permitted Uses a. One-family dwellings b.Two-family dwellings c. Churches d.Parks,playgrounds,etc. e. Schools offering a general education course f. Kindergartens (public or private) g.Accessory structures and uses pertinent to the principal structure and use. h.A conditional use authorization under the Van Buren Permitted and Conditional Use Legend and approved by the Planning Commission. 2.Lot Area a. One-family: Minimum 7,000 square feet for first unit b.Two-family:Minimum 9,000 square feet 3. Yard Requirements a.Front yard: 25 feet from property line or 50 feet from centerline of existing right-of-way, whichever is greater. b. Side yard: Minimum 7 1/2 feet from each property line. EXCEPTION: One open attached carport may be constructed to within five feet of one side yard boundary. 11 1 I . . = ,' ... � j . . _ _ ._. . _�t` in � , � , a '9 i! z ( �� V\' . .1r n V �i ," �Y" 11I ' t €v '' f ( 1 11 ? 't I li -; jk 111- ` oi. s � z� t� 1` I ,i 1 r . j1}('i l l..,I ft Ft, f i , , 111 North 12'' Street • Van Buren, Arkansas 72956 DATE TO BE PUBLISHED: 1-21-17 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held before the Van Buren Planning Commission in the City Council Room at the Van Buren Municipal Complex located at 1003 Broadway, on February 7, 2017 at 5:30pm. The public hearing is for the applicant Joseph Marrone to request a rezoning of certain property from Two-Family Residential(R-2) zone to Townhouse/Zero Lot Line Residential District(R-1B). jLegal Description:Lot 22 and PT Lot 23,Block 1,Faber Addition,Van Buren, Crawford County, Arkansas. Layman's Description: 701 Poplar Street,Van Buren,Crawford County,Arkansas. All persons desiring to be heard are hereby notified to appear. Van Buren Planning Commission iii 1,p 0 -vi .i ; + 1 l