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HomeMy WebLinkAboutOrdinance 4201 FILED FOR RECORD ' 00 FEB 24 An 10 10 WASHINGTON CO AR K . HARNESS ORDINANCE NO, 4201 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ99-29 FOR A PARCEL CONTAINING APPROXIMATELY I ACRE LOCATED AT SYCAMORE STREET AS REQUESTED BY KURT JONES OF CRAFTON, TULL & ASSOCIATES, INC., ON BEHALF OF ATLAS CONSTRUCTION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: S=tonl. That the zone classification of the following described property is hereby changed as follows: RZ99-29 for the real property described in Exhibit "A" attached hereto and made a part hereof. From R- 1 , Low Density Residential, to R- 1 .5, Moderate Density Residential. Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED AND APPROVED this I & day of November , 1999. FAlt S�E APPROVEllf BY:— Fred Hanna, Mayor v By: Heather Woodruff, City Cler 2000013730 ord . 4201 EXHIBIT "A" Part of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SEI /4) of Section Four (4), in Township Sixteen ( 16) North of Range Thirty (30) West, described as follows, to-wit: Beginning at the Southeast corner of said forty acre tract, and running thence North 297 feet, thence West 146 feet and 8 inches; thence South 297 feet, thence East 146 feet and 8 inches, to the place of beginning, containing one ( 1 ) acre, more or less, being situated in Washington County, Arkansas. 200001373Y1 1Atkamm do hereby , Kathleon HernIea, Circuit Clerh rrd Ex•ot➢cto CbsintRecordeattot Washington t Vast fllcd orrecord In my certiy office as indidalod horeon and Itlb e1. is now duty recorded with the sCltnoVA_CCgameN and certificate P thereon In Record 1300h and age as Inaicated thereon. IN WITNESS WHEREOR I havo horounto set my hand and affixed the 000l of said Court on the date indi- cated hereon. Kali een Hames+ Cuw, UerF. and Ex-offlClb Recorder azo Principals Associates Danny L. Brown, P.E. Everett L. Balk, P.E. Bob H. Crafton, P.E. Al Hams, R.L.S. Thomas E. Hopper, P.E. Kurtis J. Jones, P.E. Cline L. Mansur, P.E., R.L.S. James W. Kooistm, A.I.A. R.E. (Gene) Reece, P.E. Tom Mansur, P.E. David Swearingen, A.I.A. Robert C. Reece, P.E. James L. Tull, C.D.A. Rick G. Rose, R.L.S. Principal Emeritus George G. Strella, P.E., D.E.E. James P. Swearingen, A.I.A. Lemuel H. Tull, P.E. Richard Wright, R.L.S. Grafton, Tull & Associates, Inc. Architects, Engineers & Surveyors H(�G_1997)) P.E. October 12, 1999 RECEIVED Fayetteville City Council City of Fayetteville OCT 12 1999 113 West Mountain CrrY OF FAYETTEVILLE Fayetteville, AR 72701 CITY CLERK'S OFFICE RE: Atlas Construction Rezoning Request CTA No. 99136.00 Dear Council Members: On behalf of the owner, Atlas Construction, we are appealing the decision of the Fayetteville Planning Commission made 10/11/99 regarding the above referenced rezoning request. The request is to rezone approximately 1 .0 acres of land located along Sycamore Street from R-1 (Low Density Residential) to R-1 .5 (Moderate Density Residential) to allow the development of an upper-scale 6-unit residential Planned Unit Development. The owner does intend to offer the units for individual sale upon completion of the project, and has agreed to offer a Bill of Assurance for the property that would limit the development of the property to six units per acre. The property surrounding this site is currently zoned R-1 , R-0, R-1 .5, and P-1 . We feel that the owner's proposed use of this property conforms with the general use of the surrounding property, and believe that the proposed rezoning to R-1 .5 will not significantly increase the potential for traffic problems in the area over that for the existing R-1 zoning. The City Planning Staff supported this rezoning request at the Planning Commission meeting, and a majority of the Planning Commissioners present at that meeting voted in favor of the rezoning. Unfortunately, there were only six Planning Commissioners present at the meeting, and the request received only four favorable votes (one short of the five required for rezoning approval). We greatly appreciate your thoughtful consideration regarding this matter. Sincerely, CRAFTON, TULL & ASSOCIATES, INC. ATLAS CONSTRUCTION /rI. J. Jones, P. �I F� rancittFerg n P.O. Box 1173 / 2345 N. Green Acres Rd. / Fayetteville, Arkansas 72703-1173 / (501 ) 443-4535 / FAX (501 ) 442-6966 E-mail: cta@craftull.com Website: http://www.craftull.com October 101 1999 Arkansas To the Planning Commission of Fayetteville , osition to the proposed zoning ordinance change in the first block west of College Ave . we wish to express our Ont associated with the vacant property on Sycamore Street , estion street plan , Sycamore is would be inappropriate to add additional traffic co to the city improvements We feel that it street . According Adding to an already thoroughfare . it the street increase , or cross town ed withthing other than to become a3made , the volume of traffic will obviously continue to be and exiting traffic associatoblem inathat first block additional enthousing will only aggravate the p single family off College Ave . Secondly , of Fayetteville should children to and from the Richardson Center and a significant of the traffic on this block is create those who are transporting woodland Junior High School . We feel that the city consideration to the safety of our children and not allow more be added to the streets leading to our schools . give serious congestion to Sincerely , James A . a Claire E . Wisman Property owners , 1923 Woodland Ave . October 7, 1999 24 W Poplar Fayetteville, Ar. 72703 To Whom It May Concern, I was informed there is a possibility of an apartment complex being built on Sycamore just South of where I live. I would like to let you know I really hope this does not from a very rural area in Missouri to be claw to my I recently moved here in this area was because there were no 1tlY family due to an illness. One reason I chose to live traffic and the constant movement of apartment buildings and I would not have to deal with all the like the area and can deal with the school�ltraffi and out of the area. This would be very upsetting to me. I constant traffic due to an increased number of c by timing trips when the school traffic is over but the citizens. cars is something that could be very dangerous to us Senior I feel safe in this area now but with the constant change of the surrounding enviornment which always happens in a multi-housing area on thecomerof d be very 'r°�tt`'� I ask you to please examine closely the request for this building. I see signsGregg street and Miller for places to rent and it never seems to be rented to capacity. Do you really think we need additional housing of that type in this areal Thanks for taking time to read my letter and giving this matter consideration. Respectfully your, V. zsi.. i-au,- Alice Gulick 24 W poplar Fayetteville, Ar. 72703 i •told do, 9 3 7:d) r — V> 1 N doodood t ood 1 � 0 � "kol J kod. } )odd? G "J do Z, �r-doodoodoodS \ n dodo r S S o 0 b r F N Jim � Sp S7cl Hsi rt- 7}1E ANG21 MAN `(CU IA-1 KIS Z) ABOL cq _ ATLAS CoNsr� . lEF`r - HESE F lE + DIS CASUTION J 1801 Woodland Avenue Fayetteville, AR 72703 October 6, 1999 Dear Fayetteville Planning Commission: I live on Woodland Avenue across from the Richardson Center. I own my home, and I have lived here for three years. I take pride in my property and care about the value of my property. I am concerned about the possibility of apartments being built on Sycamore. I think the increase in traffic and the presence of renters will affect my property value. The zoning regulations should not permit an apartment building to be placed in a residential neighborhood; furthermore, these apartments would back up to Woodland Junior High. This will also cause a problem. I taught at Walton Junior High in Bentonville. There are apartments located next to the school. There were often fights in the apartment parking lot. As teachers, we had no authority to interfere since the students were off school grounds. The students would go there to drink, smoke, and play bookie in groups. Frequently, students would leave campus without permission at lunch. Their parents were not at home, and the students were not chaperoned. This is a liability for the school district to have children coming and going. Please consider not only the safety of the neighborhood kids, but also consider the safety of the students at Woodland Junior High. Then ask yourself this question. Would you want apartments in your neighborhood? Sincerely, CO- Courtney Dawson r October 7 , 1999 To whom it may concern : We are writing to express our concern over the proposed apartment complexes being build on the corner of Sycamore and Woodland streets . Thb traffic in that area is already a major problem . The apartments being built in such close proximity to Woodland Junior High and the Richardson Center is going to add greatly to those problems that already exist . Please take this into consider- ation when the vote on rezoing comes before you and we ask that you refrain from any rezoing that allows the apartments to be built there . Thank you for your consideration . Sincerely , Sondra and Mahlon Gibson To the Planning Commission, 1 have lived in Fayetteville at 1901 Woodland since 1960, and I believe I know why apartments have not been zoned for this neighborhood. The increased traffic they would cause is a risk to the children at Woodland Junior High School and especially to the children of the Richardson Center which was added since I have lived here. This risk is truer now than ever because traffic now is higher than ever without adding apartments to it. For the sake of the children and for the sake of the neighborhood that I 've called home for 39 years, please do not approve this zoning change. October 11, 1999 To the members of the Fayetteville Planning Commission: I am writing this letter to you in order to ask that you turn down the request for a variance to change my neighborhood designation so that apartments can be constructed on Sycamore Street just east of the entrance to Woodland Avenue. I believe that the presence of apartments would compromise the quality of living that has long been established in this peaceful part of the city. Of course there are some exceptions, but it is often the case that an apartment building lends itself to a temporary style of living. That is, many apartment dwellers aren't committed to staying in their space long, whether they are college students, families in transition, dc. They certainly don't make the same investment in a neighborhood that nearly all of those who live in houses do. I lived in an apartment when I first moved to Fayetteville, and I did not feel like I was a true member of the neighborhood. Yes, I rent the house I am in now, but I have lived in it for five and a half years and will continue to do so indefinitely. I consider myself a resident of this neighborhood, and I care very much about my neighbors and for the beauty, security and comfort of this area. I'm living in a neighborhood reminiscent of the one I lived in as a child. We look out for one another here and enjoy seeing each others' efforts in keeping up the appearance of our yards and homes. We talk across our fences and at the curb about the weather and the latest news in town and in our personal lives. This is a very special place. Secondly, I am worried about the proposed location of the apartments as it regards Woodland Junior High School. I teach at Walton Junior High School in Bentonville, and there are apartments directly across the street from our building which are a constant source of concern. Administrators and teachers who have duty before and after school in the front of the building must keep an eye in the direction of those apartments because there have been problems with activities that were questionable at best, and illegal on occasion. We want so much to protect our students from harm, but of course we have no jurisdiction over the apartment property. We have to warn our students to proceed directly through the grounds on their way to and from school. Thirdly, from the beginning of construction through the occupation of the apartments, this kind of building will increase the traffic on my street, Woodland Avenue. It is already fairly busy with the cars of Woodland parents, and Fayetteville residents often use it to avoid traffic on College. There have been several times when I have been awakened by cars roaring down the street at night or have watched them careen around the comer during the day, endangering the lives of those who choose to take a stroll with their dogs or the children from the Richardson Center who are out on a walk with their caretakers. Please don't compromise what is truly the essence of Fayetteville: a beautiful, tranquil, friendly, established neighborhood filled with people who care deeply about where they live. Turn down the request for the variance. It would be greatly appreciated. Sincerely, Alyson Low, Resident of Woodland Avenue October 8, 1999 To Whom It May Concern: I am writing asking you to reconsider allowing an apartment building to be constructed on Sycamore by the Richardson center. This is my concern. These children need a safe, quite environment to support their learning opportunities. Change is difficult for most of us, especially children and I would like to see these very special children given every opportunity. Also, as a long time resident of this area the traffic is of major concern to me. It is difficult to get in and out of the driveway now with the current amount of traffic on the road. It is poorly patrolled and one is concerned for the safety of children in the area due to the amount of traffic and the speed at which they go through the area. I have raised five children in this area and have felt very safe in doing so. With multi units history tells us there is constant shift in residents, the more people per square foot the more crime, and I will not be able to enjoy the same amount of comfort for my grandchildren. I love my home, I love the area and I so hate to think of the climate of the environment changing. For these reasons and many more I ask you to please keep this a single unit housing area and preserve what we have enjoyed in the neighborhood. Sincerely Yours, Rita Lindabury 8 E Popular Fayetteville, Ar. 72703 • To whom it may concern: October 7, 1999 We are writing to express our concern over the proposed apartment complexes being build on the corner of Sycamore and Woodland streets. The traffic in that area is already a major problem. The apartments being built in such close proximity to Woodland Junior High and the Richardson Center is going to add greatly to those problems that already exist. Please take this into consider- ation when the vote on rezoing comes before you and we ask that you refrain from any rezoing that allows the apartments to be built there. Thank you for your consideration. Sincerely, Sondra and Mahlon Gibson Stephen L. Davis 756 N. Washington Fayetteville, AR 72701 501-444-9500 October 19, 1999 Dear City Council Members: I have been the owner of the lot at 34 E. Sycamore since 1987. For twelve years it has been my hope to develop this wooded acre of land in a similar way to what Mr. Ferguson is requesting. Knowing what I know about the character and location of the involved property and the nearby residences, I frankly am surprised that there would be any serious opposition to this plan. It seems to me that this development plan is extremely well suited for its location and responsibly addresses the primary concerns that I have always had in trying to come up with a development plan of my own. • The one -acre lot will retain almost all of its many trees, including several large very old oaks. • The units will be owner -occupied and the grounds will be regularly maintained and controlled by a property owners association. • The grounds will be fenced on three sides to provide privacy, property integrity, and safety for those inside and outside of the six -condo development. • Because the building arrangement is compact and efficient, more trees and ground is left as open space. • The traffic effect on the nearby neighborhood is minimized by having only one means of entry and exit on Sycamore, which is already a primary thoroughfare. • By designing for and marketing to older homeowners, the number of autos, number of occupants, the level of activity and noise is reduced. • The cost of the units, $140,000-$170,000 dictates that good financially able neighbors will be added to the condo property and to the nearby existing neighborhood. • The fact that homes will be purchased will cut down on turnover, transience, and problems associated with apartment complexes. Two final points: This upscale development will be a great opportunity for six mature families. They will have the opportunity to live in a wooded centrally located well -maintained environment directly across the street from a city park, a medical facility, within walking distance to restaurants and shopping. And close to nice neighbors and a nice neighborhood when they take their walks. It will also be an opportunity for the City, since six families can be located in a neighborhood where infrastructure is already in place and paid for by taxpayer dollars many years ago. And the community and schools can benefit from the taxes, which will be paid by the six new homeowners. This benefit can be achieved without adding more expense or additional streets to another part of the city. My last point is this: It is my opinion that neighborhood diversity should be encouraged. This project uses some new ideas in single-family home construction. By doing so, it logically and attractively bridges between a neighborhood of older, mostly modest, medium-priced homes and an adjacent R -O zoning, which then becomes commercial as we move closer to College Avenue. I feel that I have been a good steward in my 12 year ownership of this property and that I am being a good and responsible citizen by endorsing this project for the future use of this beautiful acre of ground. I believe that the new owners will also be thoughtful and respectful in the way that they move forward toward completion of this beneficial project. Sincerely, Stephen L. Davis • • RECEIVED FAYETTEVILLE OCT 14 1999 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission Members FROM: Tim Conklin, City Planner DATE: October 11, 1999 RZ 99-29.00: Rezoning (Atlas Construction, pp 367) was submitted by Kurt Jones of Crafton, Tull & Associates, Inc. on behalf of Atlas Construction for property located on Sycamore Street east of Woodland Heights. The property is zoned R-1, Low Density Residential and contains approximately 1 acre. The request is to rezone the property to R-1.5 Moderate Density Residential. RECOMMENDED MOTION: Staff recommends approval of the proposed R-1.5 zoning based on the findings included as part of this report. PLANNING COMMISSION ACTION: YES Required Approved Denied Date: October 11, 1999 Comments: CITY COUNCIL ACTION: YES Required Approved Denied Date: /I BACKGROUND: The applicant requests the rezoning of approximately one acre from R-1 to R-1.5 (Moderate Density Residential) in order to build a two three -unit residential structures as a planned unit development. The owner is Francis Ferguson of Atlas Construction. The land is located along Sycamore Street close to the intersection of College Avenue across the street from Gregory Park. ADJACENT LAND USE AND ZONING: North: Richardson Center, Woodland Junior High School and undeveloped property owned by the school are to the north zoned P-1 South: Gregory Park is directly south and zoned P-1 East: Three single family homes, a dance studio, and a fast food restaurant exist to the east and zoned R-1, R -O and C-2. West: There are several single family residences to the west zoned R-1.5 and R-1. INFRASTRUCTURE: Streets: Sycamore Street is a Collector street with 70' of R.O.W. (35' of R.O.W. from the centerline) Water: There is an 8" waterline along Sycamore Street and a 1-1/2" waterline along Woodland Avenue. Sewer: There is an 8" sewer line along College Avenue and a 6" sewer line located along the rear side of the property. LAND USE PLAN: The General Plan 2020 shows this area as Residential with Community Commercial to the east and Open Space/Recreation to the south. §161.05 DISTRICT R-1.5 MODERATE DENSITY RESIDENTIAL. A. Purpose. The Moderate Density Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a development potential between low density and medium density with less impact than medium density development, to encourage the development of areas with existing public facilities and to encourage the development of a greater variety of housing values. B. Uses. 1. Permitted Uses.. Unit 1 City -Wide Uses by Right Unit 2 Single -Family and Two -Family Dwellings Unit 26 Single -Family Dwellings Unit 29 Single -Family, Two -Family and Three -Family Dwellings 2. Uses Permissible on Appeal to the Planning Commission Unit 2 City -Wide Uses by Conditional Use Permit Unit 3 Public Protection and Utility Facilities Unit 4 Cultural and Recreational Facilities C. Density. Families Per Acre 12 or Less D. Bulk and Area Regulations. One- Family Two- Family Three - Family Lot 60 ft. 70 ft. 90 ft. Minimum Width: Lot Area 6,000 7,260 10,890 Minimum: sq. ft. sq. ft. sq. ft. E One- Two- Three - Family Family Family Land Area 6,000 3,630 3,630 Per sq. ft. sq. ft. sq. ft. Dwelling Unit: E. Yard Requirements (feet). FRONT YARD SIDE YARD REAR YARD 25 8 20 Cross Reference: Variance, Chapter 156. F. Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. G. Height Regulations. No building shall exceed a height of 30 feet. FINDINGS OF THE STAFF 1. 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: The Land Use Plan (General Plan 2020) shows this area as residential. The proposed zoning of R-1.5 (Moderate Family Residential) is consistent with the plan. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning R-1.5 is justified and needed at this time. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning R-1.5 would not create or appreciably increase traffic danger and congestion in this area. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The proposed zoning R-1.5 would not alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. On -site and off -site improvements including sewer will be required at the time of Large Scale Development or Preliminary Plat approval. 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 0CT-11-1999 14:52 CRAFT0N TULL FRYETTEVILLE ; 501 442 6966 P.02'03 • BILL OF ASSURANCE This declaration of a Bill of Assurance made this day of _ _ 1999, by the undersigned, owners of the following real estate described in Exhibit "A" attac r I hereto and made a part hereof located in the City of Fayetteville, Washington County, Ar I .sas. WHEREAS, the aforesaid owners of the real property described in sa Exhibit "A" have agreed that the property will not be developed to a density greater than six (e sidential unit per acre; and WHEREAS, the owners are desirous of making a declaration of the s i e in the form of this Bill of Assurance with the intention of guaranteeing the preservation of ce : n values and amenities in the community and to bind the owners and the owners' successc . and assigns and the real estate described in Exhibit "Aand its subsequent owners with the of p tions and restrictions hereinafter set forth for all present and future development and us r f said property. NOW, THEREFORE, the owners declare that the above described pr : sty shall be held, developed, transferred, sold, conveyed and occupied subject to the covenant: s id restrictions herein set forth: The property described in Exhibit °A" as of the date of this Bill of Asst: , ce shall not be developed to a density greater than sox (6) residential unit per acre. WITNESS our hands this day of . 1999. ATLAS CONSTRUCTION O ' RKANSAS, LLC By: (SEAL) FRANCIS FERGUSC PRESIDENT By: LEONA C. FERGUSO SECRETARY ACKNOWLEDGMENT STATE OF ARKANSAS ) )ss: COUNTY OF WASHINGTON BE IT REMEMBERED that on this day came before the undersigned, I otary Public duly commissioned, qualified and acting within and for the County and State a: .said, appeared in person the within named, Francis Ferguson, President and Leona C. Fergus Secretary duly commissioned and acting, officers for Atlas Construction of Arkansas, LLC. to i well known, who acknowledged that they had executed the foregoing Bill of Assurance for ; consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public this _ day of _ 1999. Notary Put My Commission Expires: OCT-11-1999 14:52 CRAFTON TULL FAYETTEVILLE • • 501 442 6966 P. 03/03 LEGAL DESCRIPTION EXHIBIT "A" Part of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of Sc :.m Four (4), in Township Sixteen (16) North of Range Thirty (30) West, described as follows : wit: Beginning at the Southeast comer of said forty acre tract, and running thence North 297 ! A, thence West 146 feet and 8 inches; thence South 297 feet, thence East 146 feet and 8 inc. , ., to the place of beginning, containing one (1) acre, more or less, being situated in Washingto ; ounty, Arkansas. TOTAL P.03 RZ99-29.00 - Atlas Construction - Close Up P-1 Woodland P-1 Junior High School SH C-2 LL P-1 R-1 R-1 7 R-1 C-2 R-1 to R-1.5 (RZ99-29.00) L111j11;5 E 1 Acre R-1 R-0 g R-1 O R-1 O C-2 R-1 3 R-1 R-1.5 SYCAMORE Gregory Park 1 C-2 C-2 P-1 0 C-2 100 0 100 Feet W 5 1400 0 1400 Feet RZ99-29.00 - Atlas Construction - 2020 Plan W�h� w�l♦ rw�wa w wM��KTww1Yw�I��n w w"n"n w n n w n n w n n w n w w n n w n n n n w �"wnw n nT' M•M�+�If�r"T wA' l�'w"n"n"w n"nwn w n w n n w n n w n w n n • w n n w n w w w w w n w w n n w n n n n n w w n w w w n w w w w w w n w w w w w w ♦ w n w w n w w n w w A AA A A A n A n n w n n n n n w n w n n w n n n w n n Al • n w n n w n n w n w w w w w n n n n n w n w n w n n w n w w n w w n n w n n • n n n w n w n n n n n w w n w n n w n n n w n n w w w w w w w w n w n n n n ` n n n n n n n n w n n n n n n n w n n n n n n n n n w n w w n w n n w n an n w 4. • n w n w n w w n w w n w n w w n n n w w n w n n w n w n n n n n w n w w n n n w w n n w n w w n w n w w w n w w w w w w n w n w w n w n w w n w n n w n n n n n n n n n n n n n n n " n n n n n n n n n n, w n w w w n n n w nn w w w n n w w w n n n w w w w w w w w w w w w w w w w w n n n n n n n n n n n A w n n n " w n n n fl n w n n w n A w w n w n w n a n n n w w n w w w w w w w w w w w w w w w w n n w w n w n n n w n n n w w n n n n n w n n n w w n w n n n w w n n n w n n n w n n n n w w n w w n n w n n w n n w n n w n w n w n n n w n n w w n 4. n n w n n w w w n w n n w w w n n w w n w n n n w w n w w n w w n n n n a n " n n n n n n w n n n n n n n n w A n n n n n n w w w n w w n aLps n n n n n w n n w n n n w n n w w w n n a A n n w n n n n n n w n w n w n n n n n n w w n w n" w w w n n n w n w +ten! d o n n n n n n n n n n n n n w w " n n n w n n w n " w n n w n n n O z 3 C W MAPLE Iw"nwn"n"""n""w"w"nw w"""f.^" p K U w w 0 � O' - Z NORTH C.otk.�n Ave. C`7f1/1. au�tar\a� I lo' Row) (COlleuor -1O1 S. -, PROSPECT E NORTH (Pr�n • ar}rarial I lO' nv.J 0 1400 Feet Comunity Commercial OO Neighborhood Commercial �� ® Historic Commercial ® Open / Space Recreational Schools N " 3 Historic Districts I Office School Districts -(J i l l Railroad ® Industrial ® Regional Commerical — — — Planning Area 0 Mixed Use w"w I University - - - City Limits ® Flood Zone II Residential BL' Cctee*w 7O' r Planning Commission Minutes October 11, 1999 Page 6 RZ99-29: REZONING ATLAS CONSTRUCTION, PP367 This item was submitted by Kurt Jones of Crafton, Tull & Associates, Inc. on behalf of Atlas Construction for property located on Sycamore Street east of Woodland Heights. The property is zoned R-1, Low Density Residential and contains approximately 1 acre. The request is to rezone the property to R-1.5 Moderate Density Residential. Kurt Jones and Frances Ferguson were present on behalf of the request. Staff recommended approval of the proposed R-1.5 zoning based on the findings included as part of the staff report. Commission Discussion Johnson: Staff, would you give us the background on this proposed rezoning. Conklin: The applicant is requesting R-1.5 zoning on a 1 acre tract of land located on Sycamore just east of Woodland Street and west of College Avenue. They have requested this rezoning in order to build 6 units. They plan on bringing forward to the Commission a Planned Unit Development for 2 three unit condominiums. They have offered a Bill of Assurance and staff has distributed that to the Commission this evening. The Bill of Assurance states that they will limit the maximum density to 6 units per acre. Staff is recommending approval. This site is adjoined to the north by the Richardson Center, Woodland Jr. High School and undeveloped property. To the south is Gregory Park and west of that is a medical clinic, an office, and a fast food restaurant. To the east, there are 3 single family homes. The closest single family home is zoned R-1. Two of the other single family homes immediately east of that one are zoned R -O and there is a dance studio and another fast food restaurant. Further west are several single family homes zoned R-1 and R-1.5. The house on the northeast comer of Woodland and Sycamore is zoned R-1.5 which was rezoned in 1987. Also, a conditional use was approved at that location for a child care facility. Staff has also handed out this evening approximately 12 letters in opposition to this rezoning. We have included a map locating where the opposition is coming from within the neighborhood. Johnson: Is the applicant here and do you have additional information for us? Jones: My name is Kurt Jones and I'm representing the owner, Frances Ferguson. We can explain details of what he is trying to do. He plans to develop 6 individual single family units. Basically, there would be 2 buildings containing 3 units. He is planning to sell these as individual units. Each unit will have approximately 2,800 square feet. The price range will be between $140,000 to $160,000 per unit. Mr. Ferguson does intend to live in one of these units. Planning Commission Minutes October 11, 1999 Page 7 They are not apartments. We have given the City a Bill of Assurance which limits the development of this property to a maximum of 6 units per acre which would enable Mr. Ferguson to do the development he wants to do. This is an upper scale condominium or townhouse development. Public Comment Nate Allen residing at 1917 Woodland was present. Allen: It seems Atlas has transferred the weight of the world on our neighborhood's shoulders with the announcement of this proposed zoning change. It's good new to none of us. Traffic is overloaded already in our area especially concerning activities at Woodland Jr. High School and the Richardson Center. With that said, I would like to make it clear that our relationship to the current traffic around Woodland Jr. High and the Richardson Center is not like someone moving next door to George's Majestic Lounge and then complaining about the noise. We respect the needs of both the Jr. High and the Richardson Center and believe we have been good neighbors. The multiple dwelling tenements have never been part of the equation. Increased traffic puts the school children and ourselves at risk. Home owners in our neighborhood, and some have been there for decades, have invested their lives in their homes with the understanding this neighborhood would be for homes and only for homes. Those who rent homes here rented with the presumption that multiple dwelling apartments would not be a part of the mix. They presumed they would be a part of a neighborhood of homes. I read that the builder of this project proposes it will be upscale and we've just heard that again. Well, increased traffic is increased traffic no matter the scale of the additional drivers. Besides, even presuming the builder's upscale intention, things change. Owners change. What begins as upscale can and often does deteriorate. Also, no matter how upscale these tenements might be, changing the zoning opens a pandora's box. Apartments spread like crabgrass, especially when some homeowners who live near these proposed apartments get discourage and sell out and another unique neighborhood will fade into apartmentalized oblivion. Another local developer has a slogan, "We bring great neighbors together." This threat to our great neighborhood has indeed brought great neighbors together and we urge you to keep our great neighborhood great by resisting the zoning change that could only detract from it's greatness. Thank you. Johnson: I am interested in a show of hands of those who are in agreement with Mr. Allen's position. Approximately 10 people raised their hands. Steve Parker residing on Sycamore Street was present. Parker: I am a local attorney and National Guard officer. I live on Sycamore Street and I Planning Commission Minutes October 11, 1999 Page 8 happened to see the rezoning sign and I made a trip down the street to 7 houses and 6 of those were vehemently opposed to this rezoning. Some of them are here in the audience tonight. I'm speaking on behalf of some who asked if they needed to come and I said let's see if it gets approved and if so, you'll have to go to the City Council meeting. Hopefully, it won't get past this stage. Traffic was mentioned and I remember the Council talking about residential homes in a development each generating approximately_ 10 traffic trips per day on the average. I would imagine that multi family housing on Sycamore Street will be rented to students and groups of students. First, you have a higher than normal amount of traffic coming out of that area. Believe me, on Sycamore St., we don't need anymore traffic. As a matter of fact, we need more stringent enforcement of the speed limit. It's 25 and people already use it as one of the major thoroughfares like they do Township. We certainly don't want to see this rezoning which would increase the amount of traffic in that area. It is a single family dwelling neighborhood regardless of what Mr. Conklin said. I don't know if there is still have a child care facility. Maybe that conditional use has already passed,or maybe not. It's still single family homes. We're looking at a population that is stable in that area consisting of people who buy homes to settle and live there and let their kids go to the school nearby. If you have the 6 units that they are proposing to build as multi family housing, you're going to get transiency in there to a far higher degree. I don't know if you have the paperwork but I understand that the Richardson Center felt strongly enough about this that their board considered this particular matter and voted to oppose it. Is that correct? Allen: That's what I was told. Parker: They were going to relay that to you in written fashion. Did that occur? Conklin: I spoke to the director and he didn't say whether he was for the rezoning or opposed to the rezoning. That was last Friday. Parker: I believe he signed one of the petitions opposing the rezoning so I would think that would make the position of the Richardson Center quite clear. I would say that any change to multi family housing is going to tend to degrade the neighborhood. We're close to College Avenue. We have had incursions at the edges of the neighborhood and we certainly don't want it to reach the middle. As they mentioned, to the east is single family housing. To the west is single family housing. We do not want to plop apartments right in the middle of it. We want to preserve the unique character of our neighborhood. It's a beautiful place. It's right across from Gregory Park and we wish for you to give the same consideration that would to other areas such as the Wilson Park area where you respect the beautiful relationship between City park land and single family homes that exist in other places. We would like you to please consider that and vote against this rezoning and turn it down. I'm speaking on my behalf and also on behalf of a number of neighbors who said they would willing to come if they have to but I certainly hope that is not required. planning Commission Minutes October 11, 1999 Page 9 Jack Legune residing at 1833 Woodland was present. Legune: I live directly across the street from the Woodland Jr. High gymnasium. I don't have a whole lot to say other than I agree with what has been said. There are times in the afternoon when the parents pick up the children at Woodland that I have to work to get out of my drive way. There is that much traffic. The traffic is so heavy around 3 p.m. that if there was an emergency on that street, it would be hard for an emergency vehicle to get up that street. They park on both sides of the street. A fire truck couldn't get up the street. Thank you. Marie Legune residing at 1833 Woodland was present. Legune: I think Jack failed to mention something that we have a great concern for and that's the Richardson Center. Elizabeth Richardson established that school many years ago. She picked a place that would be safe and in a neighborhood for the little children to go there. We've lived there 35 years at the same address. You have to have lived there a long time to realize what goes on in that neighborhood. We knew when we located there that we would have traffic but we didn't know to what extent it was going to be. Beyond that is the safety of these children. Their playground is very close to this proposed site for this multiple housing project. While we know or think we know right now that the tenants of these townhouses or whatever are going to be choice people that have been picked by the developer or owner, ee all know that property changes hands. Also, rental property has a variety of people that come to live in these places and we have a great concern for the safety of the children attending not only Richardson Center but the Jr. High as well. A number of children at the Jr. High walk to McDonalds and their safety should be considered as well. I would dearly appreciate you considering denying this rezoning of the property for multi housing. Tim Sweethalp residing at 1847 Woodland was present. Sweethalp: I would just ask this body to consider the costs and the benefits when making this decision. That property is currently zoned low density and I think there is reason why it was zoned low density to begin with and I think that any benefit should be a huge benefit if that is going to be changed to moderate density. I know that the person who wants to put these units in is anxious to speak and I would like to hear him address that issue. What is the overwhelming benefit to this neighborhood to having a change in the zoning. Burch Raley residing at 132 Sycamore was present. Raley: I want to echo all of the things that have been said. I've lived on Sycamore since 1965. Marie Wischser residing at 1700 Woolsey was present. Planning Commission Minutes October 11, 1999 Page 10 Wischser: I'm here tonight to ask that you give serious consideration to not rezoning that lot. I think Fayetteville is already overbuilt their apartment capacity. I don't think all the complexes are filled 100%. This is a nice, quite residential area and we don't need another apartment complex. It will affect our property values. Sycamore is an extremely busy street. I live on the comer of Sycamore and Woolsey. During the winter time, when the weather is bad, we have at least 4 or 5 accidents. You can count on it. Please give your consideration to not rezoning this lot. Thank you. Connie Weiderspan residing at 1732 Green Valley was present. Weiderspan: up the street to approach Sycamore, it is a very dangerous road. validity. I've lived there for a year and a half. What my neighbors are saying is very true. This is a long established neighborhood. I would not like to see any multi family housing. Thank you. I think we've communicated quite effectively what our hearts want. When I come The traffic issues have a lot of Kathleen Plat Parker residing at 112 W. Sycamore was present. Parker: I want to say that traffic is really bad and there is also a lot of trash that is thrown out in our yard. It's very dangerous. I don't let my dog out in the yard without a leash in my own yard. I have to be very careful about crossing the street to go to the park. We have to be very careful with our children. It's dangerous backing out of the driveway. If you add 6 more units with several people and several cars, that's going to increase traffic. There is a heavy load from the apartments on the other end of Sycamore and we don't want that to change in our area. Please think about this when you decide. Thank you. Further Commission Discussion Johnson: On this one acre, if it was developed under R-1, what would be the maximum number of units that they could handle? Conklin: The density is limited to 4 units per acre. Looking at this, in my opinion, they would have to do a planned unit development to get the 4 units on this property. Johnson: Maximum R-1 development would have 4 units and the proposal is for 6 units. Conklin: That's correct. Jones: I wanted to address the comments of the adjoining property owners. First, this is not an apartment complex. These will be single family homes which people will purchase. They will not be rented. They are not rental units. They are homes. Mr. Conklin pointed out the Planning Commission Minutes October 11, 1999 Page 11 existing allowable density for this property would be 4 units. All we're asking for and guaranteeing with our Bill of Assurance is 2 additional units. The traffic situation, specifically regarding Woodland, will not be affected. We don't plan any access to any street other than Sycamore. Sycamore is a collector street. As a collector is serves the City as a main route between College and Gregg and over to Leverett and Garland. I think it will continue to do that. The majority of the traffic on Sycamore is not from the residents living along Sycamore. This number of units is not going to significantly increase the traffic on Sycamore. I want to stress this is not an apartment complex. If the City or the Commission feels they need more assurance that it will not an apartment complex, I'm sure the owner would offer additional assurances. This is going to be an upscale townhouse type development similar to the duplex/townhouse type units that are located on Joyce Blvd. along the golf course. These will not be rental units. They are not apartments. They are going to be single family units. Johnson: Is there a way that you know of that a Bill of Assurance could get the assurance that these townhouses will be owner occupied and not rental units? Is there any way that can be addressed? Conklin: I do not believe so. We have not addressed the ownership question in Bills of Assurance. R-1.5 allows single family, duplex and triplex. It does not allow for anything larger than a 3 unit structure or triplex. Johnson: I imagine that one can offer anything one wishes in a Bill of Assurance. I'm not sure whether it would be enforceable. Ferguson: We propose to be the builder of these units. As Mr. Jones said, these are not rentals. They are not apartments. We have used this plan before and every unit sold. I'm the first buyer. The people buying the previous units which are this same, basic plan in other areas are people that are tired of mowing grass and all the yard work and watering and would rather be out playing golf or fishing. This complex will have a maintenance crew to take care of the outside. We'll have covenants to accomplish that. These are townhouses which are joined and have a zero lot line. This is quite common in other areas. It is single family. I have 2 other prospective buyers. I can't go forward until I get this rezoned. They start at $140,000. There is rental property next door to this. It's a tiny house with maybe 500-600 square feet. I can assure you we will do much better than that. I think you will find this comparable to anything in the area. The entire area will be fenced. We'll dedicate the required right of way for Sycamore which could help the traffic. Basically, I'm marketing to seniors. Thank you. Hoffman: If this were rezoned to R-1.5 with no Bill of Assurance, how many units would be permitted? Conklin: 12 units per acre. Planning Commission Minutes October 11, 1999 Page 12 Hoffman: If this zoning is approved it would be half of what is allowable. Conklin: Yes, with the Bill of Assurance as offered by the applicant. Hoffman: This neighborhood compared itself to the Wilson Park neighborhood. I used to live there and I have close ties to the Wilson Park area. One of the charms of that neighborhood is the residential diversity. There is a mixture of single family, duplex, and apartments. There are apartments right next to the south end of the park. As a Planning Commissioner, I've tried to be sensitive to neighborhoods yet take into account the overall benefit to the City. This might be a nice addition to the neighborhood and wouldn't impact as badly as you think on the traffic. Unless the residence of the proposed development have children, they wouldn't be using Woodland. They would be more likely to go down Sycamore. They have no reason to turn back to the neighborhood. Conklin: I looked at the site several times. Exiting this development, you would be on a collector street. Down Woodland is not the most direct route. Hoffman: There's no stoplight at Poplar. There's a stop sign on Green Acres. They wouldn't use that as a cut through to get to College. I'm more likely to support this with the Bill of Assurance. Odom: I think this is a good opportunity for the neighborhood but the neighborhood doesn't feel that way. I think the neighborhood has a problem because they don't have anything to look at. I get upset when a neighborhood comes in here and says they don't want things to change and that they've bought into a brand new home in a brand new area with a completely undeveloped area next to it but this is completely different. This area has an expectation of single family homes in R-1 residential. It's currently zoned R-1. I think the burden is on the developer more in this area than say another area of town. I agree with the staff comments that it does meet the general land use plan but what exists there now meets the general land use plan, too. Personally, I think this is a good project but I'm not going to support it. Johnson: Does the Commission have as much say in a P.U.D. development? Isn't that something where we look very closely at the development. Conklin: I would say the Commission has more discretion as far as where the buildings, are located, amenities, and green space location requirements. That gives you latitude to be sure it is compatible with the surrounding area. Bunch: What is the compelling reason to rezone this neighborhood to something other than single family and change the character of it? planning Commission Minutes October 11, 1999 Page 13 Jones: The target market is for people who don't want to maintain a yard. It's a beautifully wooded lot with trees and that makes it attractive for this development. These are single family homes, they just happen to be connected. Bunch: It's a good concept but that didn't address my question as to why this location was selected. Jones: We don't feel this changes the character. There is R -O zoning adjacent to this. There is commercial development, too. Johnson: This Commission does not have final say on rezoning. Rezoning must have 5 positive votes which will be difficult this evening because we are short handed. With 5 positive votes, this would be recommended to the Council. Without 5 positive votes, the applicant does have the right to appeal. With less than a full Commission, I'll allow the applicant the opportunity to postpone. Does the applicant want to postpone this evening? Odom: I have a comment to that remark. The applicant was made aware at the agenda session that there would be very few members here tonight and if they were going to pull it they were asked to pull it at that time. Johnson: My response to that is I thought there would be 7 here and we only have 6. I see a considerable difference between 6 and 7. Jones: We would like to have the Commission vote on it. Hoffman: Is there a method where by a P.U.D. could be acted on and the zoning and density set at one meeting instead of rezoning and then having the P.U.D. come through? If there was a method, the applicant would be able to submit drawings or schematic plans to show what was being proposed. This is not very dense and more communication would probably help. Conklin: Their current proposal would not be allowed because of the required setback adjacent to R-1. Other cities do bring both the rezoning and the development forward together. The City of Little Rock, has a Planned Zoning District where they bring the site plan and the zoning together. We do not have that option. Shackelford: Zero lot line developments are a fairly new product for our market. I have had the opportunity to look at a couple of these in financing. It's my opinion that they are single family dwellings. I don't think you can group them in with apartment complexes. They will be sold and the buyers will maintain the property the same as we maintain our single family dwellings. MOTION Planning Commission Minutes October 11, 1999 Page 14 Shackelford: Based on the fact that there will only be 2 more units than what is allowed under the current zoning and the fact that they will be of equal size and value of the surrounding homes, I support this project. The staff has addressed the traffic issues and the fact that this development will exit onto a collector and not into the neighborhood. I make a motion that we approve RZ99-29. Hoffman: I'll second. Johnson: We have the motion by Commissioner Shackelford and second by Commissioner Hoffman. Roll Call Upon roll call, the motion failed with a vote of 4-2-0. Commissioners Bunch and Odom voted against the motion. I Gregory Park 5611 Blake lane ("Fayetteville, AR 72703 aF L.P Nationsbanc Mortgage Corp. 1710 Woodland Fayetteville, AR 72703 Earl & Kay Gill, Trustees 308 Hwy. 72 East Bentonville, AR 72712 Timothy Ernst 411 Patricia Lane Fayetteville, 'AR 72703 0 Fayetteville School Dist. No. 1 P.O. Box 849 Fayetteville, AR 72702 Karl & Brenda Thiel 172 E. Willoughby Fayetteville, AR 72701 Ronny & Barbara Weaver 5611 Blake Lane Springdale, AR' 72762 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDE To: Tim Conklin, Planning Director From: Heather Woodruff, City Clerk Date: November 22, 1999 Attached is a copy of the ordinance approving rezoning request RZ 99-00. The original will be file marked at the County, then microfilmed and filed with the City Clerk. cc. Ed Connell, Engineering Clyde Randall, Engineering John Goddard, Data Processing