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Home My WebLink AboutORDINANCE 5840113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5840 File Number: 2015-0628 llll lull] Ill lull lull l��til1" �111' �I�l] �Ill� �1111 lull lull lull t11� �lll Illl 016693120003 Type'.11llE Doc ID: Kind: ORDINANCE Recorded: 01/27/2016 at 02:31:09 PM Fee Amt: $25.00 Page 1 of 3 Washington County AR 07 Kyle Sylvester-000ork File 2 0 1 V RZN 15-5254 (NORTH OF 1016 WASHINGTON AVE./HOMES AT WILLOW BEND): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15- 5254 FOR APPROXIMATELY 7.74 ACRES LOCATED NORTH OF 1016 SOUTH WASHINGTON AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE 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 NC, Neighborhood Conservation to RSF-18, Residential Single Family, 18 units per acre 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 1/5/2016 Attest: W sndLisa BransotD puV +City Cler °,`s NG TO Printed on 117116 EXHIBIT "Al 15-5254 RZN 15-5254 HOMES AT WILLOW BEND Close Up View J 7. MARTIN l [' �1RT1N LUTHER ty KING@ MART(N LUTHER MARTIN LUTHER KING BLVD MARTIN LUTi-Ih f iNG 8LV0 KINo BI,VD ER Lu KING &1LVi? ARTiN LUTHEr -2 DD RMF-12 C) w uu 7TH ST' SUBJECT PROPERTY 0 ul m P-1 Wi t W ,r .. Au th '0 i Q.: ' 13TI Legend = RZ N 1 5-5254 - - Fayetteville City Li Footprints 2010 Design Overlay Di _----.._... Planning Area 150 300 600 � m RARrtPzo pe'. M1 RMF.18 FA PLAINF .ST IJJ a 3 N'l=CUNTON ST 1271-1 PL NANTUCKLT DR ii 5 T rr3 OG j :n i3T1•I PL - RMF-24 T'F`�\S1 - - 8AY o �1y%r MSC 900 1,200 Feel ¢ a Y I C� EXHIBIT 'B' 15-5254 EXHIBIT #1 - SURVEY DESCRIPTION OF PROPERTY TO BE REZONED: WASHINGTON COUNTY PARCEL: 765-15118-000: SURVEY DESCRIPTION: A PART OF THE NORTHWEST QUARTER (NW1 /4) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION TWENTY-TWO (22), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICUALRLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S89'51 '36"W 330.00 FEET (DEED=329.25 FEET) ALONG THE NORTH LINE OF SAID 40 ACRE TRACT TO A POINT; THENCE S00'06'11 "E 398.64 FEET (D=396.9 FEET) TO AN EXISTING IRON REBAR FOR THE TRUE POINT OF BEGINNING; THENCE S00'04'54"E 918.39 FEET TO AN EXISTING IRON REBAR; THENCE S89'50'43"W 329.33 FEET TO AN EXISTING IRON REBAR; THENCE N00'05'09"W 917.68 FEET TO ANEXISTING IRON REBAR; THENCE N89'43'22"E 329.39 FEET TO THE POINT OF BEGINNING, CONTAINING 6.94 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. SURVEY DESCRIPTION: LOTS NUMBERED TEN (10), ELEVEN (11), TWELVE (12), THIRTEEN (13), FOURTEEN (14), FORTY-THREE (43), FORTY-FOUR (44), FORTY-FIVE (45), FORTY-SIX (46) AND FORTY-SEVEN (47), ALL IN BLOCK NUMBERED THREE (3) OF GLENWOOD PARK ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. Washington County, AR I certify this instrument was filed on 01 /27/2016 02:31:09 PM and recorded in Real Estate File Number 201 0 1.07 Kyle Sylvester- ;reu�t� Jerk_ by City of Fayetteville, Arkansas 113Westlle,ARi72701 Fayetteville, AR 72701 (479) 57"323 Text File File Number: 2015-0628 Agenda Date:1/5/2016 Version:1 Status: Passed In Control: City Council Meeting Fite Type: Ordinance Agenda Number. C. 4 RZN 15-5254 (NORTH OF 1016 WASHINGTON AVEJHOMES AT WILLOW BEND): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5254 FOR APPROXIMATELY 7.74 ACRES LOCATED NORTH OF 1016 SOUTH WASHINGTON AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE 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 NC, Neighborhood Conservation to RSF-18, Residential Single Family, 18 units per acre 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 ofr-eY 14 Arkansas Page 1 Printed an 11712010 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2015-0628 Legistar File ID 1/5/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/18/2015 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: RZN 15-5254: Rezone (NORTH OF 1016 S WASHINGTON AVE./HOMES AT WILLOW BEND, 563): Submitted by COMMUNITY BY DESIGN, INC. for PROPERTIES NORTH OF 1016 S. WASHINGTON AVE. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 7.74 acres. The request is to rezone the properties to RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE. Budget Impact: Account Number Fund Project Number Project Title 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 �— V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF ay%4-11e ANSAS MEETING OF JANUARY 5, 2016 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO FROM: Andrew Garner, City Planning Director DATE: December 18, 2015 SUBJECT: RZN 15-5254: Rezone (NORTH OF 1016 S WASHINGTON AVE./HOMES AT WILLOW BEND, 563): Submitted by COMMUNITY BY DESIGN, INC. for PROPERTIES NORTH OF 1016 S. WASHINGTON AVE. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 7.74 acres. The request is to rezone the properties to RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the property to RSF-18, Residential Single Family, 18 Units per Acre. BACKGROUND: The subject property contains approximately 7.74 acres located in the Walker Park Neighborhood east of Washington Avenue, south of 71" Street and west of Wood Avenue. The property is undeveloped and wooded and is zoned NC, Neighborhood Conservation. The property has been planned for several years to be developed for the Willow Bend attainable housing project. This project is being led by the nonprofit Fayetteville Partners for Better Housing. The City of Fayetteville is a partner on the project contributing $1 million to help with street construction. The surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Single family residential NC, Neighborhood Conservation South Two and three family residential DG, Downtown General East Single family residential; Head Start school NC, Neighborhood Conservation West Single family residential NC, Neighborhood Conservation Request: The applicant requests to rezone the property to RSF-18, Residential Single Family Eighteen Units per acre as shown on Exhibits `A' and `B' (attached). The applicant has indicated intention to develop the property with the Willow Bend project and indicated that the increased density is needed for the project. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Land Use Compatibility: he proposed zoning is compatible with the surrounding mix of single family detached residential properties to the north, east and west and low density multi -family residential property to the south. The RSF-18 district is different from the surrounding NC zoning district, but it is compatible in the configuration proposed. The NC zoning allows 10 units per acre while RSF-18 allows 18 units per acre. This site is internally oriented and will require the development of new internal streets. This will result in the higher density RSF-18 zoning generally being isolated from the surrounding existing homes in terms of street adjacency. Additionally, a variety of lot sizes and densities within the same neighborhood helps contribute to a complete neighborhood with a variety of housing options. Land Use Plan Analysis: The City Plan 2030 Future Land Use Map (FLUM) designates this area as Complete Neighborhood Plan: Walker Park Neighborhood. The plan sought to preserve single-family neighborhoods while encouraging additional housing types and a mix of uses. The proposed rezoning is consistent with the Walker Park Plan and the City's overall goals to promote infill and a variety of housing types and densities in the same neighborhood. The Walker Park Illustrative Plan (attached) shows small -lot single family detached homes and multi -family townhomes. DISCUSSION: On December 14, 2015 the Planning Commission forwarded this item to the City Council with a recommendation for approval by a vote of 8-0-0. BUDGET/STAFF IMPACT: N/A Attachments: CC Ordinance Exhibit A Exhibit B Planning Commission Staff Report EXHIBIT 'A' 15-5254 RZN 15-5254 HOMES AT WILLOW BEND Close Up View SUBJECT PROPERTY 3:� d EXHIBIT 'B' 15-5254 EXHIBIT #1 - SURVEY DESCRIPTION OF PROPERTY TO BE REZONED: WASHINGTON COUNTY PARCEL: 765-15118-000 SURVEY DESCRIPTION: A PART OF THE NORTHWEST QUARTER (NW1 /4) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION TWENTY-TWO (22), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICUALRLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S89'51 '36"W 330.00 FEET (DEED=329.25 FEET) ALONG THE NORTH LINE OF SAID 40 ACRE TRACT TO A POINT; THENCE S00'06'11 "E 398.64 FEET (D=396.9 FEET) TO AN EXISTING IRON REBAR FOR THE TRUE POINT OF BEGINNING; THENCE S00'04'54"E 918.39 FEET TO AN EXISTING IRON REBAR; THENCE S89'50'43"W 329.33 FEET TO AN EXISTING IRON REBAR; THENCE N00'05'09"W 917.68 FEET TO ANEXISTING IRON REBAR; THENCE N89'43'22"E 329.39 FEET TO THE POINT OF BEGINNING, CONTAINING 6.94 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS WASHINGTON COUNTY PARCELS: 765-05702-000 & 765-05703-000 ; SURVEY DESCRIPTION: LOTS NUMBERED TEN (10), ELEVEN (11), TWELVE (12), THIRTEEN (13), FOURTEEN (14), FORTY-THREE (43), FORTY-FOUR (44), FORTY-FIVE (45), FORTY-SIX (46) AND FORTY-SEVEN (47), ALL IN BLOCK NUMBERED THREE (3) OF GLENWOOD PARK ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. CITY OF FAYETTEVILLE, ARKAN AS REZONING FOR STAFF USE ONLY FEE. $325. 00 Date Application Submitted: Sign Fee. $5.00 Date Accepted as Complete: S-T-R: Case /Appeal Number: PP#: Public Hearing Date: Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will n of be placed on the Planning Commission agenda until this information is furnished Application Indicate one contact person for this request: Applicant (person making request) Name: Homes at Willow Bend LLC ATTN: Keaton Smith Address: 88 East 4th St. Fayetteville AR 72701 Applicant X Representative Representative (engineer, surveyor, realtor, etc): Name: Community By Design LLC ATTN: Brian Teague •• h4• • e•• • en euu n ♦ • • °na e•u Phone: ( ) 479-879-7922 Fax: Site Address / Location: S. Washington Avenue 1=a.3ette�tille�A� 72701 Phone: { ) 479-790-6775 i ) Fax: Current Zoning District: Neighborhood Conservation Requested Zoning District: RSF-18 Assessor's Parcel Number(s) for subject property: 765-15118-000, 765-05703-000, 765-05702-000 FINANCIAL INTERESTS Homes at Willow Bend LLC The following entities and / or people have financial. interest in this project: Partners for Better Housing Hershey Garner March 2014 Page 1 APPLIt L:'N'T I REPRESENTATI PE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief true and correct. I understand that submittal of incorrect or false information is Qrounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions on approval. Name (printed): Community By Design LLC, Brian Teague Date: Signature: PROPERTYOTi`7%7ER(S)1AUTHORIZED AGENT: Uwe certify under penalty of perjury that I amhve are the owner(s) of the property that is the subject of this application and that Ihve have read this application and consent to its filing. (If signed by the authorized agent, a letter from each property owner must be provided indicating that the agent is authorized to act on hisiher'behatf) Properi p Owners of Record (attach additional info if necessary): Homes at Willow Bend LLC 88 East 4th St. Name (printed): Keaton Smith., Manager Address: Fayetteville, AR 72701 -� �.•. Signattrre: Phone: Date: l ( ) 479-879-7922 Name (printed): Address: Signature: Phone: Date: { ) Rezonhig Clued -list: Attach the following items to this application: (1) Payment in full of applicable fees for processing the application: $325.00 application fee $5.00 public notification sign fee (2) A legal description of the property to be rezoned. A suney may be required if the property description can not accurately be platted or if it is described by referring to other deeds. (3) CD containing a copy of the legal description in MS Word and all required submittal items should be also included on the CD in PDF format.. (4) A copy of the county parcel map from the Washington County Assessor's office or from the Washington County website (www.co.washin6ton.anus). The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel numberfor every adjacent property shall be shown on this snap. AJ;vrh 2014 Page 2 (5) A written description of this request addressing the following items: a. Current ownership information and any proposed or pending property sales. b. Reason (need) for requesting the zoning change. C. Statement of how the proposed rezoning will relate to surrounding properties in terms of land use, traffic, appearance, and signage. d. Availability of water and sewer (state size of lines). This information is available from the City Engineering Division. e. The degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. f. Whether the proposed zoning is justified and/or needed at the time of the request. g. Whether the proposed zoning will create or appreciably increase traffic danger and congestion. h. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. i. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification. (6) The applicant is responsible for meeting the public notification requirements for a Rezoning listed on the Notification Requirements pages in this application. Notice: Resources including current zoning regulations, City Plan 2030, Future Land Use Plan, Master Street Plan and Zoning maps are available for review on our website, www.accessfavetteville.org and in the Planning Office. All applicants should meet with a staff Planner prior to completing a Rezoning application. March 2014 Page 3 CITY OF T. I le ay ARKANSA5 TO: FROM: MEETING DATE; PLANNING COMMISSION MEMO Fayetteville Planning Commission Andrew Garner, City Planning Director December 14, 2015 Updated with Planninq Commission results SUBJECT: RZN 15-5254: Rezone (NORTH OF 1016 S. WASHINGTON AVE./HOMES AT WILLOW BEND, 563): Submitted by COMMUNITY BY DESIGN, INC. for PROPERTIES NORTH OF 1016 S. WASHINGTON AVE. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 7.74 acres. The request is to rezone the properties to RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN 15-5254 to the City Council with a recommendation for approval. BACKGROUND: The subject property contains approximately 7.74 acres located in the Walker Park Neighborhood east of Washington Avenue, south of 7th Street and west of Wood Avenue. The property is undeveloped and wooded and is zoned NC, Neighborhood Conservation. The property has been planned for several years to be developed for the Willow Bend attainable housing project. This project is being led by the nonprofit Fayetteville Partners for Better Housing. The City of Fayetteville is a partner on the project contributing $1 million to help with street construction. The surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Single family residential NC, Neighborhood Conservation South Two and three family residential DG, Downtown General East Single family residential; Head Start school NC, Neighborhood Conservation West Single family residential NC, Neighborhood Conservation DISCUSSION: Request: The applicant requests to rezone the property to RSF-18, Residential Single Family Eighteen Units per acre. The applicant has indicated intention to develop the property with the Willow Bend project and indicated that the increased density is needed for the project. Public Comment: Staff has not received public comment. Mailing Address: Planning Commission 113 W. Mountain Street wv�f� v'A L�Pat�gov em Fayetteville, AR 72701 15-5254 Homes at Willow Bend Page 1 of 18 INFRASTRUCTURE: Streets: The site has access to Washington Avenue, which is a partially improved street with curb, gutter and sidewalk along the west side, and open drainage swales along the east side. A portion of the site has access to public right of way on the west side, but no street or alleys currently exist. Streets would need to be constructed at the time of development in order to provide adequate access to the property. Water: Public water is available to a portion of the site. A 6" public main exists along the west side of Washington Avenue, and would be available to parcel 765-05702-000, and 765-05703-000. However, Public Water will likely need to be extended to serve parcel 765-15188-000 at the time of development. Any extensions of public mains will be the responsibility of the developer. Sewer: Sanitary sewer is available to a portion of the site. There is an existing 8- inch main along west side of Washington Avenue. There is also an existing sanitary sewer manhole stubbed out to the property near the southeastern property corner. However, public sanitary sewer may need to be extended to serve the property at the time of development. Any extensions of public mains will be the responsibility of the developer. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. This property is not affected by the 100-year floodplain. This parcel does not contain any protected streams per the Streamside Protection map. A large portion of the site is shown to contain hydric soils, which is an indicator of wetland areas. An evaluation by an appropriate environmental professional will be required at the time of development. — -. _ ..... Fire: This development will be protected by Engine 1 located at 303 W. Center Street. It is 1.1 miles from the station to the study area with an anticipated response time of 4 minutes to the beginning of the study area. The Fire Department does not feel this rezoning will affect calls for service or response times. Police: The Police Department have not expressed concerns with this request. Planning Commission December 14, 2015 G:\ETC\Development Services Review\2015\Development Review\15-5254 RZN S. Washington Ave. (Homes @ Willow Bend) Agenda Item 8 \03 Planning Commission\12-14-2015\Comments and Redlines 15-5254 Homes at Willow Bend Page 2 of 18 IPLANNING COMMISSION ACTION: Required CITY PLAN 2030 FUTURE LAND USE PLAN: The City Plan 2030 Future Land Use Plan map (FLUM) identifies this site as a Complete Neighborhood Plan being a part of the Walker Park Neighborhood Plan. The Walker Park Neighborhood Plan Illustrative Plan shows a concept of this site being developed for small -lot single family dwellings and townhouses (see attached). The plan generally sought to preserve single-family neighborhoods while encouraging additional housing types and a mix of uses. 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: Surrounding Land Use Compatibility: The proposed zoning is compatible with the surrounding mix of single family detached residential properties to the north, east and west and low density multi -family residential property to the south. The RSF-18 district is different from the surrounding NC zoning district, but it is compatible in the configuration proposed. The NC zoning allows 10 units per acre while RSF-18 allows 18 units per acre. This site is internally oriented and will require the development of new internal streets. This will result in the higher density RSF-18 zoning generally being isolated from the surrounding existing homes in terms of street adjacency. Additionally, a variety of lot sizes and densities within the same neighborhood helps contribute to a complete neighborhood with a variety of housing options. Land Use Plan Analysis: The City Plan 2030 Future Land Use Map (FLUM) designates this area as Complete Neighborhood Plan: Walker Park Neighborhood. The plan sought to preserve single-family neighborhoods while encouraging additional housing types and a mix of uses. The proposed rezoning is consistent with the Walker Park Plan and the City's overall goals to promote infill and a variety of housing types and densities in the same Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-5254 RZN S. Washington Ave. (Homes @ Willow Bend) December 14, 2015 \03 Planning Commission\12-14-2015\Comments and Redlines Agenda Item 8 15-5254 Homes at Willow Bend Page 3 of 18 neighborhood. The Walker Park Illustrative Plan (attached) shows small -lot single family detached homes and multi -family townhomes. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed rezoning is justified at this time as the proposed zoning will allow appropriate higher density, infill development in an area where it is encouraged. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has access to Washington Avenue, a partially improved local street. The rezoning would allow an increase in density that would increase the potential traffic generation over the NC zoning. Depending on the density proposed for development an additional access point other than Washington Avenue will likely be required to comply with fire code and for general connectivity. At this time the applicant is pursuing an additional access point to Wood Avenue to the east from an adjoining property owner. However, the issue of connectivity and access will be addressed during development review when the applicant proposes a new street system for the site. Given the existing surrounding grid street system that is highly connected, staff finds that traffic from development of this site can be accommodated without creating traffic danger and congestion. 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 rezoning would increase the potential population density over the existing zoning, but is unlikely to undesirably increase the load on public services. An analysis of impact to city services has been included in the overall recommendation included throughout this staff report. The Police Department expressed no objections to the proposal. The Fire Department does not feel that this zoning will negatively affect service times to area. 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: NIA Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-5254 RZN S. Washington Ave. (Homes @ Willow Bend) December 14, 2015 \03 Planning Commission\12-14-2015\Comments and Redlines Agenda Item 8 15-5254 Homes at Willow Bend Page 4 of 18 BUDGETISTAFF IMPACT: None ATTACHMENTS: • Existing and proposed zoning criteria ■ Fire Department memo ■ Request letter and rezoning analysis ■ Site survey ■ Walker park Illustrative Map (overview) • Walker Park Illustrative Map (close-up) • Current land use map • Future land use map • Close up map ■ One mile map Planning Commission GAETC\Development Services Review\20150evelopment Review\15-5254 RZN S. Washington Ave. (Homes @ Willow Bend) December 14, 2015 \03 Planning Commission\12-14-20151Comments and Redlines Agenda Item 8 15-5254 Homes at Willow Bend Page 5 of 18 161.26 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accesso dwellin s (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 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Limited Business' Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cottage Housing Development (C) Density. 10 Units Per Acre, (D) Bulk and area regulations. (1) Lot width minimum. Single Family 40 ft. Two Family 80 ft. EThree Family 90 ft. -� (2) Lot area minimum. 4,000 Sq. Ft. (E) Setback regulations. Front A build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side 5 ft. Rear 5 ft. Rear, from center line of 12 ft. an -alley (F) Building height regulations. Building Hei. ht Maximum 45 ft. (Ord. 5128, 4-15-08; Ord. 5312, 4-20-10; Ord. 5462, 12-6-11; Ord. 5592, 6-18-13; Ord. 5664, 2-18-14) Planning Commission G:\ETC\Development Services Revlew\2015\Development Review\15-5254 RZN S. Washington Ave. (Homes @ Willow Bend) December 14, 2015 \03 Planning Commission\12-14-2015\Comments and Redlines Agenda Item 8 15-5254 Homes at Willow Bend Page 6 of 18 CHAPTER 161: ZONING REGULATIONS 161,10 District RSF-18, Residential Single -Family — Eighteen Units Per Acre (A) Purpose. The RSF-18 Single-family Residential District is designed to promote and encourage the efficient development of single-family detached residences in a variety of densities. (B) uses. (1) Permitted uses. Unit 1 City-wide uses by tight Unit 8 Siriqle-family dwellings Unit 41 1 Accessory dwellin s (2) Conditional uses. Unit 2 City-wide uses by conditional use ermit Unit 3 Public Protection and utili facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 +tireless communications facilities (C) Density. Units er acre 18 or less (D) Bulk and area regulations. (1) Lot width minimum, Sin le-famil 30 ft. Two-famil 30 ft. (2) Lot area minimum. Townhouses: Individual lot 1,250 sar ff. Single-family 2,500 sq. ft, Two-family 2 500 s . ft, (E) Setback requirements. Front Side Side -zero Lot Line* _ Rear A build -to 5 ft. A setback of less than 5 5 ft. zone that is on ft. (zero lot line) is located both permitted on one between sides interior side, provided a the front maintenance property agreement is filed`*. line and a The remaininq side line 25 ft. setback(s) shall be 10 front the feet. front property Bile. * A zero lot line is an alternative to the 5 foot building setback. Applicants should consult the international Building Code when locating a structure in close proximity to property lines and/or adjacent structures. ** At least 5 feet of maintenance area shall be provided along, a structure that is within 5 feet of a property line. -this may be provided through .a perpetual maintenance easement on the adjacent property, or through a combination of a maintenance easement and private property, Wells, fences and customary yard accessories are permitted in the maintenance area. (F) Building height regulations. Building Height lVlaximum 35 It. (G) Building area. The area occupied by all buildings shall not exceed 60% of the total lot area. (H) Minimum buildable street frontage. 50% of the lot width for two-family dwellings. Planning Commission December 14, 2015 Agenda Item 8 15-5254 Homes at Willow Bend Page 7 of 18 THE CITY OF FAYETTEVILLE, ARKANSAS 4111016 FIRE DEPARTMENT .trues. 303 West Center Street t1 Fayetteville, AR 72701 P (479) 575-8365 F (479) 575-0471 RKANSA Zoning Review To: Andrew Garner From: Will Beeks, Assistant Fire Marshal Date: December 7, 2015 Re: RZN 15-5254 This development will be protected by Engine 1 located at 303 W Center St. It is'1..1. miles from the station with an anticipated response time of 4 minutes to the beginning of the development. The Fire Department anticipates 26 calls for service each year after the development is completed and maximum build -out has occurred. Typically, this type of development usually takes 12 - 18 months, after the development is started, before maximum build -out and the service impact to occur. The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times. If you have any questions please feel free to contact me. Captain Will Beeks Fayetteville Fire Department jjQQ Telecommunications Device for the Deaf TDD (479) 521-1316 113west MountaiPe a rn eC1em Agenda Item 8 15-5254 Homes at Willow Bend Page 8 of 18 communityby.(ls .-Jg ®n #i hiE i •. MM 1'R�1 Fit �_ ��git TOWN PLANNING.UABAN ENGINEERM November 4, 2015 Via Hand Delivery Mr. Andrew Garner Zoning and Development Administrator City of Fayetteville 125 West Mountain Street Fayetteville, Arkansas 72701 RE: Rezone Application — Willow Bend Property Mr. Garner, As a representative of Homes at Willow Bend, LLC, owner of 7.74 acres on 3 separate parcels located immediately north of 1016 S. Washington Avenue, I respectfully request the City of Fayetteville to approve an ordinance to rezone the subject properties from the existing zoning classification of Neighborhood Conservation to the RSF-18 Zoning District. Please find the following documents required for processing the rezoning request: • One (1) copy of a completed and signed rezoning application • One (1) copy of Exhibit # 1 — Survey Description of Property to be Rezoned • One (1) copy of Exhibit #2 — County Parcel Map • One (1) copy of Exhibit #3 — Written Description of Request per City of Fayetteville Rezoning Application • One (1) copy of a survey of the property • One (1) compact disc with PDF copies of the documents listed above and the survey description in word format • One (1) check for $330 Please let me know if you have any questions or if you need additional information in order to process this request. Sincerely, Brian Teague Community By Design 100 West Center Street Suite 300 Fayetteville, AR 72701 479.790.6775 Planning Commission December 14, 2015 Agenda Item 8 15-5254 Homes at Willow Bend Page 9 of 18 EXHIBIT #3 - WRITTEN DESCRIPTION OF REQUEST PER THE CITY OF FAYETTEVILLE REZONING APPLICATION a. Current ownership information and any proposed or pending property sales. The subject properties are currently owned by Homes at Willow Bend LLC. There are no proposed or pending property sales. b. Reason (need) for requesting the zoning change. The primary reason for the zoning change request is to create flexibility in the lot width minimum and lot area minimum requirements of the zoning code. This flexibility in lot width and lot area requirements will make possible a plan to build all detached homes on the property instead of the current plan which includes a significant portion of attached homes. c. Statement of how the proposed rezoning will relate to surrounding properties in terms of land use, traffic, appearance, and signage. By enabling the construction of all detached homes, the proposed rezoning will ensure compatibility with the existing single-family land uses that exist to the east, west, and north of the property. d. Availability of water and sewer (state size of lines). Water and Sewer is available. A 12" water main is accessible along Wood Avenue and a 6" water main is accessible along Washington Avenue. A 6" sewer main is accessible along Wood Avenue. A 8" sewer main is accessible along Washington Avenue. A 6" sewer main is accessible just to the north of 12`" Place. e. The degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. The proposed zoning is highly consistent with the Walker Park Neighborhood Master Plan and City Plan 2030. The proposed zoning will make possible a continuation of the traditional pattern of growth as suggested in the Walker Park Neighborhood Master Plan. For the Walker Park Neighborhood, this traditional pattern includes connected and walkable streets that contain smaller, single-family homes with front porches. The Walker Park Neighborhood Master Plan suggests that the property be developed with single-family homes. Also, the proposed zoning will further the concept of clustering, which should provide more accessible greenspace, another guiding principle of the Walker Park Neighborhood Master Plan. The proposed zoning is consistent with the following Goals and Objectives of City Plan 2030: Goal 1: We will make appropriate infill and revitalization our highest priorities. Objective a - Allow as -of -right development in designated locations Objective b - Recognize the benefits and cost savings of utility and road infrastructure that exists in the core of the city and develop a fee structure that benefits infill over greenfield development Objective d - Promote densest development around logical future transit stops Objective e - Reinvest in parks, streets, & civic buildings within the heart of the city Objective g - Encourage new development that supports and complements the unique characteristics and economic values of employment clusters in and around downtown, the U of A, the north end, the rail corridor, Drake Field and the Industrial Park, Goal 2: We will discourage suburban sprawl. Objective c - Direct capital improvements into infrastructure that encourages and supports infill and revitalization Planning Commission December 14, 2015 Agenda Item 8 15-5254 Homes at Willow Bend Page 10 of 18 Goal 3: We will make traditional town form the standard. Objective a - Require new growth that results in neighborhoods, districts and corridors that are: 1. compact - via denser housing; meaningful open spaces & preserves; small blocks 2. complete - via varied housing; mixed uses; civic uses; jobs -housing mix in the neighborhoods 3. connected - via street -oriented buildings; interconnected streets; interconnected greenways & trails Goal 4: We will grow a livable transportation network. Objective a - Community design should precede and outrank traffic planning Objective b - Make walkable, cyclist -friendly road designs with slow design speeds, and block -and -street layouts the standard; walkability is part of the street function Objective i - Expand and interconnect the sidewalk and trail system at the neighborhood, citywide, and regional levels Goal 5: We will assemble an enduring green network. Objective a - Vigilantly nurture a continuum of greenspace, including: 1. riparian buffer areas 2. canopy restoration and protection 3. small neighborhood parks, squares, commons and greenbelts 4. major parks and recreation facilities 5. greenways and trails 6. large-scale preserves for preserving hillsides, protecting natural habitats and water quality, and scenic vistas Objective c - Promote conservation easements and alternative development patterns that encourage efficient use of land Goal 6: We will create opportunities for attainable housing. Objective a - Increase housing choices by encouraging a mixture of housing types and sizes and disperse throughout the city. Objective c - Establish partnerships with non-profit and private entities to facilitate the development of attainable workforce housing. Objective d - Make housing relatively more affordable by influencing cost of living items such as utilities and transportation. f. Whether the proposed zoning is justified and/or needed at the time of the request. The proposed zoning is needed at this time in order to ensure that the property is developed using detached homes. g. Whether the proposed zoning will create or appreciably increase traffic danger and congestion. Since the proposed zoning change would not increase the number of homes proposed for the property, only the type of home, traffic danger and congestion would not be increased. h. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Rezoning the property to the RSF-18 Zoning District would not significantly increase the load to public services. i. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification. If the subject property was developed under the existing zoning classification, then a significant portion of homes would have to be attached. The preference is for the homes to be detached. Planning Commission December 14, 2015 Agenda Item 8 15-5254 Homes at Willow Bend Page 11 of 18 AT u;g �naa-> rck:s: -•: ,:z..-•:>;. s:au;+r::: sr:n s>.�.r::r. .r::a:.:�:•c:;.:a;: ,y x om ..xv �;' _> CGR Cz :; S � `. C.HOt ACRES ,. '.2 Q;: •+.. .............. {ri.c .. '=p. ,.:.... k'L7:''.l LI:i:T.- : FF` . 1. 1. G i. _ > t r ]4; .. ,;iJ'.J�i'i r ... :. 113it i 'FI •.. 77Y/ STREET 5 £i' . ........... ... _..... .. .. ..:... ....... .. .........._ _. all A ASSOCIATES n 1IRDRERI Y SURVEfr Plannind !OoMmiE sion December 14, 2015 Agenda Item 8 15-5254 Homes at Willow Bend Page 12 of 18 t M'61 �,.. ARKANSAS a yY y aka , r � F. ,•��\ s ��t, e�`<,>,xa.,o-«* n�`a+� � Wgacrosd � � Ft Sa<. <a"" '' .... � �.», wS:y� �.�v� 'a; '� � ,'. ... «' � !<`� �<; � .. 3 1 (( r sat8 xi r' tR a� -04, r ' 1-4 WA >>>X(X(X��"""GGGi{{{ f ♦, ti �• &3 ,,,r.( i x *y,. {, �� ,� :. 1. T ;.5� c'�� P g,� t •<r i � i �sx- +�. $r � �' D"mot ^�r," Suit fhli WALKER PARK NEIGHBORHOOD ETuting7in;lJ,.g N +< . 1' p JllvJJing ILLUSTRATIVE MASTER PLAN IM E,Mg Ciric OuilJing FAYETTEVILLE, ARKANSAS SEPTEMBER 2007 ADOPTED BY RESOLUTION NO. 19-08 S FEBRUARY 5, 2008 Planning Commission December 14, 2015 Agenda Item 8 15-5254 Homes at Willow Bend Page 13 of 18 Planning Commission December 14, 2015 Agenda Item 8 15-5254 Homes at Willow Bend Page 14 of 18 15-5254 Homes at Willow Bend Page 15 of 18 15-5254 Homes at Willow Bend Page 16 of 18 15-5254 Homes at Willow Bend Page 17 of 18 Agenda Item 8 15-5254 Homes at Willow Bend Page 18 of 18 .DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Andrew Garner, Planning Director FROM: Kit Williams, City Attorney ` - - . DATE: December 22, 2015 RE: RZN 15-5254 Kit Williams City Attorney Blake Pennington Assistant City Attorney Patti Mulford Paralegal Andrew Garner has presented you a fine memo describing this requested rezoning by Community By Design, Inc. As I discussed in my memo to you about their requested reduction in Master Street Plan requirements, the City of Fayetteville is legally NOT "a partner on the project." Although the City Council has expressed its intent to help construct public infrastructure for the Willow Bend development up to one million dollars, it is and cannot legally be "a partner on the project." Apart from that comment in Andrew's memo, I have no problems with his memo describing and recommending this rezoning to you. RECEIVED JAN 212016 NORTHN'UESTAPJ<ANSAS CITY OF FAYETTEVILLE CITY CLERK'S OFFICE De0� � aAje =5,C). ( 0X 1607, FA.YFTTF.VIL l.'r—, AR, 72702 a 479-4 2-1700 - FAX: 479-69S 1118 m 1NWW.NWA!)G,Ci; ui AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. No 5840 Was inserted in the Regular Edition on: January 14, 2016 Publication Charges: $ 58.37 Cathy Wiles Subscribed and sworn to before me This 20 day of CZp ` . , 2016. Nota Public My Commission Expires: lO )1* `e®`�iflBttl�tr 1 a�1379 f � -a "•.�7�e 10!"?�''• Cam\ v �`�S XYIA'JG I v 11 **NOTE** f `11 d 1110 Please do not pay from Affidavit. Invoice will be sent.