HomeMy WebLinkAboutOrdinance 5153 Doc ID : 012427460002 Tvoe : REL
Recorded : 08/11/2008 at 02 : 34 : 52 PM
Fee Amt : $20 . 00 Paoe 1 of 2
Nashinoton Countv . AR
Bette Stamos Circuit Clerk
File2008-00026486
ORDINANCE NO, 5153
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 08-2971 , FOR
APPROXIMATELY 304.3 ACRES, BOUNDED BY
ARCHIBALD YELL BOULEVARD, HUNTSVILLE ROAD,
MORNINGSIDE DRIVE, 15TH STREET, AND SOUTH
SCHOOL AVENUE FROM RMF-24, RESIDENTIAL MULTI-
FAMILY, 24 UNITS PER ACRE, C-2, THOROUGHFARE
COMMERCIAL, AND P- 1 , INSTITUTIONAL TO NC,
NEIGHBORHOOD CONSERVATION, DG, DOWNTOWN
GENERAL, RMF- 18, RESIDENTIAL MULTI-FAMILY, 18
UNITS PER ACRE, AND MSC, MAIN STREET CENTER.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classification of the following described property is hereby
changed as follows:
From RMF-24, Residential Multi-Family, 24 units per acre, C-2,
Thoroughfare Commercial, and P- 1 , Institutional to NC,
Neighborhood Conservation, DG, Downtown General, RMF-18,
Residential Multi-Family, 18 units per acre, and MSC, Main Street
Center, as shown on Exhibit "A" attached hereto and made a part
hereof.
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 15th day of July, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, ayor SONDRA E. SMITH, City CIB . ie surer ONN 11�s
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City of Fayetteville
Staff Review Form J`��J 3
City Council Agenda Items � 2 /vd,?d l Z/
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Contracts QrL
1 -Jul-08
City Council Meeting Date
Karen Minkel Long Range Planning Operations
Submitted By Division Department
Action Required:
RZN 08-2971 : (Walker Park Neighborhood): Submitted by the City of Fayetteville. The subject properties are roughly bounded
by Archibald Yell Blvd., Hunstville Rd., Morningside Dr., 15th Street and South School Avenue. The properties are zoned
RMF-24, Multi-family - 24 units/acre. C-2, Thoroughfare Commercial and P- 1 , Institutional and contain approximately 304.3
acres. The request is to rezone the various properties within the boundaries of the Walker Park Neighborhood to NC,
Neighborhood Conservation, DG, Downtown General, RMF-18, Multi-family - 18 units/acre and MSC, Main Street Center.
Action Required : n/a n/a
T I
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project Category Name
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
og
D^epar/ment Di ctor Dale Original Contract Dale: n/a
Original Contract Number: n/a
6 13 - 04K
ity Attorney
pp Received in Office
�PC14 o. • - t3 lJy l��
Finance and Internal Service Director Date
Received in Mayor's Officely
FNfER
Mayor l Date
Comments:
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 08-2971 , FOR
APPROXIMATELY 304.3 ACRES, BOUNDED BY
ARCHIBALD YELL BOULEVARD, HUNTSVILLE ROAD,
MORNINGSIDE DRIVE, 15" " STREET, AND SOUTH
SCHOOL AVENUE FROM RMF-24, RESIDENTIAL MULTI-
FAMILY, 24 UNITS PER ACRE, C-2, THOROUGHFARE
COMMERCIAL, AND P- 1 , INSTITUTIONAL TO NC,
NEIGHBORHOOD CONSERVATION, DG, DOWNTOWN
GENERAL, RMF- 18, RESIDENTIAL MULTI-FAMILY, 18
UNITS PER ACRE, AND MSC, MAIN STREET CENTER.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classification of the following described property is hereby
changed as follows:
From RMF-24, Residential Multi-Family, 24 units per acre; C-2,
Thoroughfare Commercial, and P- 1 , Institutional to NC,
Neighborhood Conservation, DG, Downtown General , RMF- 18;
Residential Multi-Family, 18 units per acre, and MSC, Main Street
Center, as shown on Exhibit "A" attached hereto and made a part
hereof.
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 day of 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH , City Clerk/Treasurer
WALKER ' RK NEIGHBORHOO
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City Council Meeting of July 1 , 2008
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor. and City Council
Thru : Gary Dumas, Director of Operations
From : Karen Minkel, Interim Director of Long Range Planning
Date: June ] ] , 2008
Subject: Rezoning for the Walker Park Neighborhood (RZN 08-2971 )
RECOMMENDATION
Staff and the Planning Commission recormnend approval of rezoning the Walker Park
Neighborhood. The properties are zoned RMF-24, Multi-family - 24 units/acre, C-2,
Thoroughfare Commercial and P- 1 , institutional and contain approximately 303 .45 acres.
The request is to rezone the various properties within the boundaries of the Walker Park
Neighborhood to NC, Neighborhood Conservation ( 123 . 71 acres), DG, Downtown General
( 101 .98 acres), RMF- 18, Multi-family - 18 units/acre (.48 acres) and MSC, Main Street
Centcr (28 .62 acres.)
BACKGROUND
The subject properties are roughly bounded by Archibald Yell Boulevard, Huntsville Road,
Morningside Drive; 15'h Street and South School Avenue. The surrounding area to the north
includes a mix of single-family and multi-family dwelling units as well as commercial
properties. An open pasture is east of the property, and the surrounding area to the south
includes multi-family dwellings and industrial properties. Single-family dwellings and
industrial properties are located to the east of the Master Plan area.
As discussed in the Walker Park Neighborhood Master Plan adopted by the City Council,
the City of Fayetteville proposes to change the zoning of the property identified above in
order to accurately reflect existing uses as well as maintain a sustainable balance of
commercial ; residential and institutional uses within the neighborhood. The proposed
zoning draft was included in the Walker Park Neighborhood Plan adopted by the City
Council on February 5, 2008 by Resolution No. 19-08. This draft has been modified
slightly during the Planning Commission review of the rezoning.
Postcard notices about the proposed rezoning were mailed to property owners within the
Walker Park Neighborhood before the Planning Commission meeting on April 28, 2008
and June 9, 2008. Long Range Planning staff also held an open house April 14 through
April 22 at the Planning office so that property owners with questions could view the
maps and proposed zoning districts and discuss concerns with staff.
City Council Meeting of July 1 , 2008
Agenda Item Number
DISCUSSION
This item was heard at the regular Planning Commission meeting on April 28, 2008, May
12, 2008 and June 9, 2008 . The Planning Commission held a separate work session on
May 6, 2008 to address concerns expressed by commissioners and members of the
public. A table of the properties in question and the rationale for the work session
recommendations, which were approved by the Planning Commission, is attached. The
Planning Commission voted 8-0-0 to recommend forwarding this rezoning request to the
City Council with a recommendation for approval . Commissioner Trrumbo commented
that a drawback to the Neighborhood Conservation zoning district was that it did not
allow multi-family dwellings as a conditional use; the original Downtown Master Plan
proposal from the Planning Commission allowed multi-family as a conditional use, and
Commissioner Trumbo stated that the Neighborhood Conservation zoning district should
be amended to include this additional conditional use.
BUDGETIMPACT
None.
Planning Commission Work Session Discussion
May 6, 2008
NC=Neighborhood Conservation
DG=Downtown General
MSC='Main Street Center
Area of Concern Question(s) Proposal
Discussed
Morningside Is the DG (blue) Commissioners proposed keeping the NC block
Drive zoning too big or too because it reflects the existing uses as well as the
small? Illustrative Plan. The NW corner of Morningside
and 15` ' Street was changed from DG to MSC
(teal) in order to encourage a predominantly
commercial node along a major corridor. The DG
area extending south from Huntsville Road along
Momingside Drive was left as originally proposed.
Huntsville Road Would it be This area was discussed as the gateway to the
and 6°i Street appropriate to change neighborhood from the east, and the Illustrative
from NC (green) to Plan showed greater density at this intersection.
DG in order to create The NE and SE corners were changed from NC to
another node? DG . In order to emphasize the significance of
Jefferson Square, the NW and SW corners were
left as NC.
Willow Avenue Should this block Changing this block from NC to DG was
between 6'h change from NC to determined to be appropriate in order to enhance
Street and 7'h DG to complete the sense of enclosure on both sides of Willow
Street Jefferson Square? Avenue and complete the Square.
4" Street and Should this area While this area may later be appropriate for more
Washington change from NC to dense and intense development, NC was
Avenue DG in order to reflect determined as being appropriate at this time; NC
the Illustrative Plan? reflects the existing uses within this area.
11 ' Street and Is the mix of DG and This area was left as proposed. The Illustrative
Willow Avenue NC appropriate at this Plan shows row houses as part of the large parcel
intersection? north of the Housing Authority property. However,
the zoning is tied to parcels and changing this large
parcel to DG would be incompatible with the
single-family dwellings across the street.
Commissioners decided not change the DG to NC
at the SE comer, since the DG reflects an existing
use.
K:IRepa tv120081PC Repoi-rs109-Alai: 121RZA708-2971 (IValker Pw k Nei,hborhood).dx
Block of Locust Should the area The proposed zoning was left as originally
between 5'h change from DG to proposed because the DG serves as a transition
Street and 6°i NC? area between the MSC (existing zoning) and NC
Street zones.
South School Should the proposal The commissioners supported the original
Avenue show a greater area of proposal , which concentrates more dense and
MSC? intense development at the intersection of 15°i
Street and South School Avenue rather than
dispersing it over a larger area.
Trey Morrison : 2 Should the property The commissioners proposed changing these two
parcels at the SE owner' s parcels parcels and the parcel at the NE comer of 7"' Street
corner of change from NC to and Church Avenue from NC to DG because the
Church Avenue DG? Illustrative Plan showed the vacant parking lot
and 61" Street developing with more density than what is allowed
in NC and changing these parcels would provide
for greater compatibility between both sides of
Church Avenue.
Mark Sugg: 3 Should the property In order to highlight Jefferson Square, the
parcels on 7'h owner' s parcels commissioners proposed to limit the DG area to
Street between change from NC to the Square area and key intersections along 6`h
Wood Avenue DG? Street.
and Willow
Avenue
Dorothy Should the property This parcel was included in the discussion about
Ashworth : 1 owners parcel change the intersection of 6°i Street and Wood Avenue.
parcel on the NE from NC to DG? The commissioners decided to limit the DG are to
corner of 7'h the two parcels at the NE and SE corners of the
Street and Wood intersection.
Avenue
Marc Crandall: Should the property The property owner has an existing multi-family
parcel on owner' s parcel change dwelling on the parcel with 7 units. Zoning the
Wood Avenue from NC to DG? property DG would be a form of spot zoning,
between 7'h which is discouraged in the City' s Unified
Street and 15"' Development Code. The commissioners decided to
Street kee the varcel NC.
A:Utepowsl100SV'C Repwvsl09-Aiav /RRGV 05-1971 /Walker Pai k Neighborhood).do
Planning Conunission
April 28, 2008
Page 9 of 18
RZN 08-2971 : (WALKER PARK NEIGHBORHOOD): Submitted by THE CITY OF
FAYETTEV ILLE. THE SUBJECT PROPERTIES ARE ROUGHLY BOUNDED BY ARCHIBALD
YELL BLVD., HUNTSVILLE ROAD, MORNINGSIDE DRIVE, 15TH STREET AND S .
SCHOOL AVENUE. The properties are zoned RMF-24, MULTI FAMILY - 24 UNITS/ACRE, C-2,
THOROUGHFARE COMMERCIAL AND P- 1 , INSTITUTIONAL and contain approximately
303 .45 acres. The request is to rezone the various properties within the boundaries of the Walker
Park Neighborhood to NC, Neighborhood Commercial ( 128 . 19 acres), DG, Downtown General
(107.41 acres), and MSC, Main Street Center ( 19.94 acres.)
Karen Minkel, Senior Long Range Planner, gave the staff report, recommending forwarding the
rezoning to City Council . Minkel reviewed the comments received by staff from property owners in
the area, some of which would like to see changes to the map.
Public comment:
Dorothy Ashworth, citizen, owns property at 636 S. Wood Ave. and stated that she had never
received information about this. She opposes the rezoning for her property, which is a house on one
acre currently zoned RMF-24. Her family purchased the house as an investment, and the proposed
zoning would not allow her to develop.
Alan Ostner, citizen, and president of Jennings Plus Neighborhood Association, stated that lie
represents a great number of neighbors and that this proposal is progressive and more accurately
represents the way the area has developed. The neighborhood is primarily single-family residential
on small lots, 2 '/2 times the density of conventional subdivisions. As neighborhood president; this
map was reviewed by the Jennings Plus association, with 35-40 members present. Certain parts got
unanimous approval, while others did . not. Residents were in favor of almost all green
(Neighborhood Conservation) areas. Blue (Downtown General) was supported around Jefferson
almost unanimously. The response to blue along Hwy 71 was mixed. Some thought it was
appropriate, while some thought it should be more dense. The intersection at 15'x' and 71 B received
nearly unanimous approval . People who lived in Bayat were not happy at all . They felt that the blue
between Wood & Willow was too dense. The blue at Huntsville & Morningside was perceived as
too large. The Blue area behind Walgreens received nearly unanimous disapproval . Nearby
neighbors thought that Walgreens being commercial and the Sycamore Lofts were sufficient and
zoned appropriately, but to domino across Locust on this east side was inappropriate. This area is
mostly low-slung apartments or single-family homes that have been there a long time. The group
thought it would be more fair to make the area dark green down to 6'h. It seemed more appropriate to
keep the area south of 6°i green. Other things the neighborhood talked about included : ] )When
asked if they only had a yes or no vote, most people said it was not perfect, but yes, the proposed
rezoning was better than the current situation. If they had a chance to alter it, they said they would, in
different ways. 2) Residents also commented on being perplexed by the recent addition and
subsequent removal of crosswalk on Archibald Yell and South St. 3 ) They asked if the street
designations were changing with this rezoning or if that was later? They thought several streets really
had a problem with dangerous cut-through traffic.
Planning Commission
April 28, 2008
Page 10 of 18
Aubrey Sheperd, citizen, stated he owns a tiny house on a tiny lot on E. South Sl. He agreed that
the small single-family lots downtown are a wonderful thing. He discussed neighborhood
involvement, flooding, drainage, disturbance, and what this involves with future connections
between human uses and vegetation. He liked the MasterPlan effort and is glad it was done locally.
There is a reason where in every case you should try to minimize the amount of ground disturbed, in
order for it to control stormwater naturally. He was not sure people around Jefferson were aware of
the rezoning and counseled the City to proceed with caution.
Trey Morrison, citizen, owns lots 107 or 109 on 6`h Street, and stated that he had been working on a
project for 8 months with staff. He added that changing the zoning would make him start over. He
requested that the property be rezoned to Downtown General instead of Neighborhood Conservation
to salvage some of the work he has done.
Mark Sugg, citizen, owns property in planned area. He first had questions for staff regarding new
roads and lots in the Walker Park area. He stated that he participated in the City Plan 2025 charette,
with which city staff did an outstanding job. He owns some property east of Jefferson Square.
between 6'h & 7"i. He stated that the east side of Willow should be Downtown General to complete
the square block. He questioned the Neighborhood Conservation zoning on the east side of
Morningside. With a high school potentially locating east, he thought that Downtown General might
be more appropriate. He saw no reason for the block at Huntsville and Morningside to be zoned
Downtown General. The southeast corner, a large Downtown General area, is already developed with
senior housing. He stated that along 15'h and Morningside, Downtown General is appropriate, but not
as deep into the neighborhood as it will be at Huntsville and Morningside. He did not see a need to
have Downtown General that deep into the neighborhood. He did hope that the rezoning would go
forward.
Pat Antell, citizen, lives in the area, on College Ave. She stated that the area is single-family homes
and asked how close her property would be to development zones. She stated that the area is a
neighborhood, which is why she had lived there so long. She could stand on her porch and talk to
neighbors on both sides and wanted to know more about how neighborhood could develop , what' s
appropriate, and what is not. Her home is paid for, and she would like to see value added. Her main
concem is proliferation of inexpensive rental units, which will increase the traffic. She stated that
these streets are not made for that type of traffic. She also valued the trees in the neighborhood. She
would like to be involved and kept aware of events in the future.
Lib Horn, citizen, stated that she was one of 200 that participated in the charette. She commended
staff for the job they did. She lives on 6`h Street in the Walker Park neighborhood and takes pride in
the neighborhood. She stated that they have front porches and they visit. She stated that they need
affordable and mixed housing due to a problem of providing housing to people who need help.
No additional public comment was received.
Commissioner Trumbo asked about nonconforming uses.
Planning Commission
April 28, 1008
Page 1I of 18
Jeremy Pate, Director of Current Planning, described the ordinance. The Plan tries to make most
uses conforming,.but some will be nonconforming. A provision exists where if a non-conforming
use is destroyed, it cannot come back forward . The goal is to make more uses and structures that are
conforning.
Commissioner Trumbo asked about Mr. Morrison' s concerns.
Pate stated it was something for the Planning Commission to consider in their decision.
Commissioner Trumbo asked about the area on Morningside, and the areas that are RMF-24 that
will become Neighborhood Conservation.
Minkel stated that 10 units per acre was the maximum density allowed in Neighborhood
Conservation for only single and two-family units by right.
Commissioner Trumbo asked about Downtown General zoning on Huntsville Road, in regards to
why it is so deep at Huntsville and Morningside, and why it is necessary.
Minkel stated that the Downtown General at Huntsville and Morningside; and the Downtown
General that extends north from 15"', were to reflect existing uses within those areas.
Commissioner Trumbo asked about street designations.
Minkel said they would be changing after the rezoning has gone through. At that point, staff would
go back and look at the streets.
Commissioner Anthes brought up confusion about the zoning designations and what they mean.
Several comments about Downtown Commercial indicated a perception of Downtown General as a
commercial zone, which it is not. Its purpose is a flexible zone and has a mix of uses that are not
allowed in straight residential zoning. It is meant to be more intense than Neighborhood
Conservation but still primarily residential . She wondered if staff could comment on the zoning
districts and clarify them for the audience. There were also comments made about this being a
development plan and not wanting apartment buildings next to a single-family property. This is
actually a downzoning in most areas; which also broadens uses allowed; so it is not a single-use
zoning district anymore. Also, staff has done an incredible job of getting the word out about the
planning process and the rezoning.
Minkel described the existing zoning, and the proposed zoning districts.
Commissioner Anthes stated she would like to hear comments about nonconforming uses and
existing structures.
Pate discussed how property owners could always request a conditional use permit, variance, or