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Home My WebLink About2016-01-19 - Agendas - FinalFinal Agenda January 19, 2016 Page 1 of 104 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 e Form -M Meeting Agenda - Final Agenda Tuesday, January 19, 2016 5:30 PM City Hall Room 219 City Council Meeting Adella Gray Ward 1 Sarah Marsh Ward 1 Mark Kinion Ward 2 Matthew Petty Ward 2 Justin Tennant Ward 3 Martin W. Schoppmeyer, Jr. Ward 3 John S. La Tour Ward 4 Alan Long Ward 4 ELECTED OFFICIALS: Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City Council Meeting Call To Order Roll Call Pledge of Allegiance Meeting Agenda - Final Agenda Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2016-0015 2. 2016-0002 Agenda Additions: A. Consent Final Agenda January 19, 2016 Page 2 of 104 January 19, 2016 PRESENTATION OF THE CITY OF FAYETTEVILLE 2016 DR. MARTIN LUTHER KING, JR. BROTHERHOOD AWARD - KIT WILLIAMS STATE OF THE CITY - BY MAYOR LIONELD JORDAN A. 1 2016-0001 APPROVAL OF THE DECEMBER 15, 2015 AND JANUARY 5, 2016 CITY COUNCIL MEETING MINUTES A.2 2016-0004 PIERCE MANUFACTURING DONATION REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $500.00 REPRESENTING DONATION REVENUE FROM PIERCE MANUFACTURING TO THE FAYETTEVILLE FIRE DEPARTMENT FOR THE ANNUAL EMPLOYEE SERVICE AWARDS EVENT Attachments: SRF SRM Donation Revenue -Pierce Manufacturing Fire Donation BA B. Unfinished Business: City of Fayetteville, Arkansas Page 2 Printed on 111412016 Final Agenda January 19, 2016 Page 3 of 104 City Council Meeting Meeting Agenda - Final Agenda January 19, 2016 B. 1 2015-0571 RZN 15-5194 VILLAS AT STONEBRIDGE (VARIOUS EXPIRED PZD LOCATIONS/EXPIRED PZDS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5194 FOR APPROXIMATELY 53.03 ACRES LOCATED AT EAST OF RIVERWALK SUBDIVISION ON DEAD HORSE MOUNTAIN ROAD FROM RPZD 06-2170 (VILLAS AT STONEBRIDGE) TO R -A, RESIDENTIAL -AGRICULTURAL Attachments: 15-5194 CC reports (VillasatStonebridge) Additional: Dead Horse Mountain Rezoning B.2 2015-0634 At the December 15, 2015 City Council meeting, this ordinance was left on the first reading. At the Jnuary 5, 2016 City Council meeting, this ordinance was left on the second reading. APPEAL OF A CONDITION OF PPL 15-5253 TO REQUIRE THE DEVELOPER TO BUILD A CONNECTION TO FOX TRAIL: A RESOLUTION TO GRANT THE APPEAL OF A CONDITION OF PPL 15-5253 TO REQUIRE THE DEVELOPER TO BUILD A CONNECTION TO FOX TRAIL Attachments: 15-5253 CC DOCS 1 C. New Business: C. 1 2016-0006 At the January 5, 2016 City Council meeting, this ordinance was tabled. AMEND THE 2016 ADOPTED BUDGET: A RESOLUTION TO AMEND THE 2016 ADOPTED BUDGET BY REAPPROPRIATING $71,748,700.00 IN BONDED OR ONGOING CAPITAL PROJECTS, OUTSTANDING OBLIGATIONS AND GRANT FUNDEDITEMS Attachments: 2016-0006 REBUDGET PACKET.pdf City of Fayetteville, Arkansas Page 3 Printed on 111412016 City Council Meeting C.2 2016-0007 Final Agenda January 19, 2016 Page 4 of 104 Meeting Agenda - Final Agenda January 19, 2016 AMEND § 72.02 NONCONSENSUAL, POLICE -INITIATED TOWING, STORAGE AND IMPOUNDMENT PROCEDURES AND § 72.03 PARKING PROHIBITED IN CERTAIN PLACES: AN ORDINANCE TO AMEND § 72.02 NONCONSENSUAL, POLICE -INITIATED TOWING, STORAGE AND IMPOUNDMENT PROCEDURES AND § 72.03 PARKING PROHIBITED IN CERTAIN PLACES TO CLARIFY THAT PERSONS MAY NOT LEGALLY PARK THEIR MOTOR VEHICLES ON CITY TRAILS Attachments: Agenda Packet § 72.02 and § 72.03 D. City Council Agenda Session Presentations: E. City Council Tour: F. Announcements: G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions: A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. City of Fayetteville, Arkansas Page 4 Printed on 111412016 Final Agenda January 19, 2016 Page 5 of 104 City Council Meeting Meeting Agenda - Final Agenda January 19, 2016 Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:OOa.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided, this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter, please call 479-575-8330. A copy of the complete City Council agenda is available at www.fayetteville-ar.gov or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas. City of Fayetteville, Arkansas Page 5 Printed on 111412016 Final Agenda January 19, 2016 City of Fayetteville, Arkansas Page6of 104 113 West Mountain Street Fayetteville, AR 72701 - - (479) 575-8323 Text File File Number: 2016-0004 Agenda Date: 1/19/2016 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number: A. 2 PIERCE MANUFACTURING DONATION REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $500.00 REPRESENTING DONATION REVENUE FROM PIERCE MANUFACTURING TO THE FAYETTEVILLE FIRE DEPARTMENT FOR THE ANNUAL EMPLOYEE SERVICE AWARDS EVENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, in the amount of $500.00 to recognize donation revenue from Pierce Manufacturing to the Fayetteville Fire Department for the annual employee service awards even. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby expresses its sincere appreciation for the donations. City of Fayetteville, Arkansas Page 1 Printed on 171412016 Final Agenda January 19, 2016 Page 7 of 104 City of Fayetteville Staff Review Form 2016-0004 Legistar File ID 1/19/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item David Dayringer 12/21/2015 Fire / Fire Department Submitted By Submitted Date Division / Department Action Recommendation: A resolution approving a budget adjustment in the amount of $500.00 to recognize donation revenue from Pierce Manufacturing to be allocated for funding of the Fayetteville Fire Department's annual employee service awards event. Original Contract Number: Comments: Approval Date: Budget Impact: 1010.3020.5329.00 General Account Number Fund 36029/1 Donations -Fire Project Number Project Title Budgeted Item? NA Current Budget $ 727.00 Funds Obligated Current Balance $ 727.00 Does item have a cost? NA Item Cost Budget Adjustment Attached? Yes Budget Adjustment $ 500.00 Remaining Budget $ 1,227.00 V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: Final Agenda January 19, 2016 Page 8 of 104 CITY OF TayKANSAS a CITY COUNCIL AGENDA MEMO ARKANSAS TO: Mayor Lioneld Jordan and City Council FROM: David Dayringer, Fire Chief DATE: December 21, 2015 SUBJECT: Recognition and acceptance of donation to Fayetteville Fire Department RECOMMENDATION: A resolution approving a budget adjustment in the amount of $500.00 to recognize donation revenue from Pierce Manufacturing to be allocated for funding of the Fayetteville Fire Department's annual employee service awards event. DISCUSSION: Each year, the City of Fayetteville Fire Department receives donations from various businesses and private donors to support the department's employee recognition program. The funds are typically utilized to cover expenses associated with an employee service awards banquet, during which the firefighters are honored and recognized for achievements which took place throughout the year. BUDGET/STAFF IMPACT: These funds have been deposited into revenue account number 1010.0001.4809.00 36029/1— Donations and will be reallocated to expense account number 1010.3020.5329.00 36029/1— Employee Recognition upon City Council approval to recognize and accept this donation. Attachments: Budget Adjustment Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Final Agenda January 19, 2016 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Page 9 of 104 Budget Year Division: Fre Adjustment Number 2016 (Bl) Dept.: Fire Requestor: David Dayringer BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approve Budget Adjustment to recognize $500.00 in donation revenue to be allocated towards funding of the Fire Department employee service awards event. COUNCILDATE 1/19/2016 LEG ISFAR FILE ID#: 2016-0004 lBa-bares FaW 1/4/2016 1:10 PM Budget Director Date TYPE D ESC FJ PTIO N: RESOLUTION/ORDINANCE I G LID ATE POSI®: TOTAL Account Number 500 500 Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sib AT v.20150925 Account Name 1010.3020.5329.00 1010.0001.4809.00 500 - - 500 36029 36029 1 EX 1 RE Employee Recognition Donations C:\ Program Files\ Granicus\ Legistar5\ Packet\ 1106 City Council Meeting -1-19-2016\ 0004-2—Fire Donation RA 1 of 1 Final Agenda January 19, 2016 City of Fayetteville, Arkansas Page 10 of 104 113 West Mountain Street Fayetteville, AR 72701 - - (479) 575-8323 Text File File Number: 2015-0571 Agenda Date: 1/19/2016 Version: 1 Status: Second Reading In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 1 RZN 15-5194 VILLAS AT STONEBRIDGE (VARIOUS EXPIRED PZD LOCATIONS/EXPIRED PZDS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5194 FOR APPROXIMATELY 53.03 ACRES LOCATED AT EAST OF RIVERWALK SUBDIVISION ON DEAD HORSE MOUNTAIN ROAD FROM RPZD 06-2170 (VILLAS AT STONEBRIDGE) TO R -A, RESIDENTIAL -AGRICULTURAL 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 RPZD 06-2170 (Villas at Stonebridge) to R -A, Residential -Agricultural. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 171412016 Final Agenda January 19, 2016 Page 11 of 104 City of Fayetteville Staff Review Form 2015-0571 Legistar File ID 12/15/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 11/25/2015 City Planning/ Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: RZN 15-5194: Rezone (VARIOUS EXPIRED PZD LOCATIONS/EXPIRED PZDs, PP VARIES): Submitted by CITY PLANNING STAFF for VARIOUS PROPERTIES LOCATED WITHIN THE CITY LIMITS OF FAYETTEVILLE. The properties are zoned under expired PZD'S. The request is to rezone R-PZD 06-2170 (Villas at Stonebridge) back to its previous zoning before the PZD was approved. 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 Tay e ARKAANNSAS MEETING OF DECEMBER 15, 2015 TO: Fayetteville City Council Final Agenda January 19, 2016 Page 12 of 104 CITY COUNCIL AGENDA MEMO FROM: Andrew Garner, City Planning Director DATE: November 25, 2015 SUBJECT: RZN 15-5194: Rezone (VARIOUS EXPIRED PZD LOCATIONS/EXPIRED PZDs, PP VARIES): Submitted by CITY PLANNING STAFF for VARIOUS PROPERTIES LOCATED WITHIN THE CITY LIMITS OF FAYETTEVILLE. The properties are zoned under expired PZD'S. The request is to rezone the properties back to their previous zoning before the PZDs were approved. RECOMMENDATION: The Planning Commission and staff recommend properties as shown in Table 1. approval of an ordinance to rezone the subject TABLE 1 EXPIRED PZDs TO BE REZONED PZD Name Location Zoning District(s) prior to PZD Proposed Zoning Dist. Acreage DePalma Addition S. end of Anson St. RSF-4 RSF-4 10.04 College Avenue Townhomes N. College Ave. & Golden Eagle R -O & C-2 R -O 2.34 Amberwood Place S. E. of Double Springs & Dot Tipton Rds. R -A R -A 39.98 Villas at Stonebridge E. of Riverwalk SD on Dead Horse Mtn. Rd. R -A R -A 53.03 University Club Condos North End of Waterside Ct. R -O & C-2 R -O & C-2 10.29 West Fork Place South end of Ray Ave. RSF-4, C-2,1-2, R -A RSF-4 13.92 Porchscapes South end of Seven Hills Dr. RSF-4 & RMF -12 RSF-4 8.81 Stonewood Gardens S.E. of Crossover & Albright Rds. R -O R -O 3.36 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Final Agenda January 19, 2016 Page 13 of 104 BACKGROUND: The subject properties consist of eight expired Planned Zoning Districts (PZD) that are located throughout the City limits of Fayetteville and are currently undeveloped. The original zoning of these properties, before they became PZDs, range from R -A, Residential -Agricultural to C-2, Thoroughfare Commercial. Under the old PZD ordinance, which was in place when each of these projects were approved, construction permits had to be secured within a specific timeframe. If permits were not obtained then the development rights were null and void. As a result, each of these properties are zoned PZD but have no development rights. Therefore, staff propose to rezone the properties back to one or more of their previous zoning designations as depicted in Table 1. The proposed zoning districts for all of the expired PZDs have been analyzed by staff and are compatible with the existing surrounding land uses and Future Land Use Plan (see Table 2). TABLE 2 FUTURE LAND USE/ZONING COMPARISON PZD Name Location Future Land Use Designation Proposed Zoning Dist. Acreage DePalma Addition S. end of Anson St. Residential Neighborhood RSF-4 10.04 College Avenue Townhomes N. College Ave. & Golden Eagle City Neighborhood R -O 2.34 Amberwood Place S. E. of Double Springs & Dot Tipton Rds. Rural Residential R -A 39.98 Villas at Stonebridge E. of Riverwalk SD on Dead Horse Mtn. Rd. Rural Residential R -A 53.03 University Club Condos North End of Waterside Ct. City Neighborhood R -O & C-2 10.29 West Fork Place South end of Ray Ave. Residential Neighborhood RSF-4 13.92 Porchscapes South end of Seven Hills Dr. City Neighborhood RSF-4 8.81 Stonewood Gardens S.E. of Crossover & Albright Rds. Residential Neighborhood R -O 3.36 DISCUSSION: This project was tabled at the November 9, 2015 Planning Commission meeting at the request of the attorney for the Villas at Stonebridge property. The attorney requested time to allow them to submit additional comments to the Planning Commission. A member of the public also spoke indicating opposition to rezoning the Villas at Stonebridge to a similar density as previously approved. Prior to the November 23, 2015 meeting, the attorney for the Villas at Stonebridge submitted an email requesting to rezone the property to RSF-4. This request was consistent with staff's initial conversation with the property owner several weeks earlier, who also indicated a desire for RSF-4. This request was communicated to the Planning Commission at both the Final Agenda January 19, 2016 Page 14 of 104 November 911 and November 231 meetings. However, the Planning Commission and City Planning staff recommend R -A, Residential Agricultural for that property, as indicated in Table 1 and discussed further below. Villas at Stonebridge: Staff's recommendation for R -A is based on this property being located on the outskirts of the city in a predominantly rural area. Suburban densities would generally be out of character with the undeveloped nature of most of the surrounding land. In addition, the Future Land Use Plan does not indicate suburban growth in this area as it designates this site a Rural Residential Area. "Rural Residential Areas recognize existing low-density, large lot residential development, but are identified to encourage the conservation and preservation of woodlands, grasslands, or agricultural lands that are sparsely settled."' Rezoning the Villas at Stonebridge property would be in conflict with the Future Land Use Plan and the overall land use goals and policies adopted by City Council, in staff's opinion. On November 23, 2015 the Planning Commission forwarded this item to the City Council with a recommendation for approval as recommended by staff. There were three different motions on this request as follows: Motion #1: vote on the Villas at Stonebridge separate from the other expired PZDs. The motion passed by vote of 7-0-0. Motion #2: forward all of the expired PZDs to the City Council, except for the Villas at Stonebridge, with a recommendation for approval as proposed by staff. The motion passed by a vote of 7-0-0. Motion #3: forward the Villas at Stonebridge to the City Council with a recommendation for it to be rezoned to R -A, Residential Agricultural. The motion passed by a vote of 6-1-0 (Commissioner Hoskins voted 'no). BUDGET/STAFF IMPACT: N/A Attachments: CC Ordinance Exhibits A Exhibits B Planning Commission Staff Report 1 City of Fayetteville. July 5, 2011. City Plan 2030. Chapter 12 - Guiding Policies RPZD06-217 VILLAS AT STONEBRIDGE Close Up View R -A 0 z z' z 0 W W PEACEFUL DR ROYAL DR RSF.1 GJ OQ • O O O� S?YGLI FARM RD SP• 1NG�Py'� Ny � p A ALLEY 2547 1 P-1 1 1 i 1 1 1 1' RSF-4 1 1 1-2 \ \ 1 4�.. ------------------------------ - Legend Shared -Use Paved Trail Neighborhopd/Park Trail Natural- Surface Trail Fayetteville City Limits _ Footprints 2010 — Hillside -Hilltop Overlay District Design Overlay Di 3trict 0 450 900 1,800 ------ Planning Area RPZD 2,700 3,600 Final Agenda January 19, 2016 Page 15 of 104 Final Agenda January 19, 2016 Page 16 of 104 EXHIBIT `B" R-PZD 06-2170 A PART OF SECTION 24, AND A PART OF SECTION 25 ALL IN TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF NORTHEAST QUARTER OF SECTION 25 AND RUNNING THENCE N 87001'16" W 987.33 FEET TO THE CENTERLINE OF DEAD HORSE MOUNTAIN ROAD; THENCE ALONG SAID CENTERLINE N 03003'00" E 600.87 FEET; THENCE LEAVING SAID ROAD CENTERLINE S 87°01'16" E 52.27 FEET; THENCE S 56°35'20" E 339.81 FEET; THENCE S 81'27'33" E 631.08 FEET; THENCE S33°49'31" E 271.57 FEET; N 88°15'23" E 161.27 FEET; THENCE S 42011'39" E 488.91 FEET; THENCE S 04036'52" E 928.17 FEET; THENCE S 15059'30" W 713.53 FEET; THENCE S 70°37'32" W 185.48 FEET; THENCE S 32039'52" W 467.30 FEET; THENCE S 46°59'22" W 162.84 FEET; THENCE S 16002'22" W 109.30 FEET; THENCE S02033'46" W 105.25 FEET; THENCE S 38049'44" E 79.65 FEET; THENCE S 16°12'04"E 74.82 FEET; THENCE N 86055'06" W 339.76 FEET TO THE CENTERLINE OF DEAD HORSE MOUNTAIN ROAD; THENCE ALONG SAID ROAD CENTERLINE N 49007'24" W 36.69 FEET; THENCE N 60012'41" W 100.88 FEET; THENCE N 77°29'04" W 137.15 FEET; THENCE LEAVING SAID CENTERLINE S 86055'06" E 456.61 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE N 02°33'46" E ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25, 407.00 FEET; THENCE N 87026'15" W 213.99 FEET; THENCE N 02033'46" E 1276.27 FEET; THENCE S 73°50'46" W 819.41 FEET TO A POINT IN THE COUNTY ROAD; THENCE NO2033'46" E 42.23 FEET; THENCE N 73°50'46" E 1045.35 FEET; THENCE NO2033'46" E 843.38 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 53.03 ACRES MORE OR LESS. SUBJECT TO AND EASEMENTS AND OR RIGHT OF WAYS OF RECORD Final Agenda CITY OF January 19, 2016 Saye evi le Page 17 of 104 PLANNING COMMISSION MEMO ARKANSAS TO: City of Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director MEETING DATE: November 23, 2015 Updated with Planninq Commission results SUBJECT: RZN 15-5194: Rezone (VARIOUS EXPIRED PZD LOCATIONS/EXPIRED PZD'S, PP VARIES): Submitted by CITY PLANNING STAFF for VARIOUS PROPERTIES LOCATED WITHIN THE CITY LIMITS OF FAYETTEVILLE. The properties are zoned under expired PZD'S. The request is to rezone the properties back to their previous zoning before the PZDs were approved. RECOMMENDATION: Staff recommends RZN 15-5194 be forwarded to the City Council with a recommendation for approval. BACKGROUND: This project was tabled at the November 9 2015 Planning Commission meeting at the request of The subject properties consist of 8 expired Planned Zoning Districts that are located throughout the City limits of Fayetteville and are currently undeveloped. The original zoning of these properties, before they became PZDs, range from R -A, Residential -Agricultural to C-2, Thoroughfare Commercial. Under the old PZD ordinance, which was in place when each of these projects were approved, construction permits had to be secured within a specific timeframe. If permits were not obtained then the development rights were null and void. As a result, each of these properties are zoned PZD but have no development rights. Therefore, staff propose to rezone the properties back to one or more of their previous zoning designations as shown below in Table 1. Request: City Planning staff requests to rezone the properties from the expired PZD designation back to one or more of their original zoning designations. Public Comment: Staff has received public comment in the form of general inquiries from adjacent property owners. Four neighbors for various PZDs requested to know the proposed zoning and if it would affect their properties. Staff has also received comment from property owners of the expired PZDs. Buddy People, owner of Stonewood Gardens PZD, expressed support for the City's recommendation to rezone his property back to R -O. Dave Chapman, property owner of the parcels associated with University Club Condos contacted this office to request the western parcel be rezoned to C-2 and the eastern parcel to be rezoned to R -O, as proposed by staff. Mitchell Massey, owner representative for the Villas at Stonebridge disagrees with staff's Mallin Address: Planning— ommission 9 Noytuber 23, 2015 113 W. Mountain Street www.fayettxytt9AWpy Fayetteville, AR 72701 15-5194 Expired PZDs Page 1 of 28 Final Agenda January 19, 2016 Page 18 of 104 recommendation to rezone their property back to R -A, and proposes a suburban residential zoning district such as RSF-4. The property owners for DePalma Addition PZD met with staff and expressed support for staff's recommendation to rezone their property back to RSF-4. TABLE 1 EXPIRED PZDs TO BE REZONED PZD Name Location Zoning District(s) Prior to PZD Proposed Zoning Dist. Acreage DePalma Addition S. end of Anson St. RSF-4 RSF-4 10.04 College Avenue Townhomes N. College Ave. & Golden Eagle R -O & C-2 R -O 2.34 Amberwood Place S. E. of Double Springs & Dot Tipton Rds. R -A R -A 39.98 Villas at Stonebridge E. of Riverwalk SD on Dead Horse Mtn. Rd. R -A R -A 53.03 University Club Condos North End of Waterside Ct. R -O & C-2 R -O & C-2 10.29 West Fork Place South end of Ray Ave. RSF-4, C-2,1-2, R -A RSF-4 13.92 Porchscapes South end of Seven Hills Dr. RSF-4 & RMF -12 RSF-4 8.81 Stonewood Gardens S.E. of Crossover & Albright Rds. R -O R -O 3.36 CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan varies by property. Please see Table 2 below. Planning Commission November 23, 2015 WETMDevelopment services Review\20150evelopment Review\15-51946 RZN Expired PZD's\01 Planning Commission\11-09-Agenda Item 7 2015\Comments and Redlines 15-5194 Expired PZDs Page 2 of 28 Final Agenda January 19, 2016 Page 19 of 104 TABLE 2 FUTURE LAND USE/ZONING COMPARISON PZD Name Location Future Land Use Designation Proposed Zoning Dist. Acreage DePalma Addition S. end of Anson St. Residential Neighborhood RSF-4 10.04 College Avenue Townhomes N. College Ave. & Golden Eagle City Neighborhood R -O 2.34 Amberwood Place S. E. of Double Springs & Dot Tipton Rds. Rural Residential R -A 39.98 Villas at Stonebridge E. of Riverwalk SD on Dead Horse Mtn. Rd. Rural Residential R -A 53.03 University Club Condos North End of Waterside Ct. City Neighborhood R -O & C-2 10.29 West Fork Place South end of Ray Ave. Residential Neighborhood RSF-4 13.92 Porchscapes South end of Seven Hills Dr. City Neighborhood RSF-4 8.81 Stonewood Gardens S.E. of Crossover & Albright Rds. Residential Neighborhood R -O 3.36 FINDINGS OF THE STAFF RECOMMENDATION: Staff recommends RZN 15-5194 be forwarded to City Council with a recommendation for approval, finding that the proposed rezoning will remove the expired and outdated PZD zoning and allow development compatible with the existing adjacent uses and consistent with the Future Land Use Plan. Planning Commission November 23, 2015 GAETC\Development services Review\20150evelopment Review\15-51946 RZN Expired PZD's\01 Planning Commission\11-09Agenda Item 7 2015\Comments and Redlines 15-5194 Expired PZDs Page 3 of 28 Final Agenda January 19, 2016 Page 20 of 104 PLANNING COMMISSION ACTION: Required YES Date: November 9. 2015 x Tabled O Forwarded 0 Denied Motion: Chesser Second: Hoffman Vote: 9-0-0 Date: November 23, 2015 x Forwarded as recommended by staff vote on the Villas at Stonebridge separate from the other expired PZDs. The motion passed by vote of 7-0-0. Motion #2(Chesser, Cook 2nd): forward all of the expired PZDs to the City Council, except for the Villas at Stonebridge, with a recommendation for approval as proposed by staff. The motion passed by a vote of 7-0-0. Motion #3 (Chesser, Brown 2nd): forward the Villas at Stonebridge to the City Council with a recommendation for it to be rezoned to R -A, Residential Agricultural. The motion passed by a vote of 6-1-0 (Commissioner Hoskins voted `no). 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: Land Use Compatibility: The proposed zoning districts are compatible with the surrounding land uses. The properties are proposed to be returned to one or more of their previous zoning designations prior to the approval of the PZDs. Land Use Plan Analysis: The proposed zonings are compatible with the Future Land Use Map which vary from property to property. See Table 2. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: In staff's opinion, the recommended zoning districts are justified at this time as the properties are currently within an expired PZD and have no development rights. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the properties will not likely increase traffic danger or congestion. The rezoning will simply return the subject properties back to previous zoning that was in place prior to the PZD. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the properties will not increase the potential population density or load on public services. Again, this rezoning will return the subject Planning Commission November 23, 2015 G:\ETC\Development services Review\20150evelopment Review\15-51946 RZN Expired PZD's\01 Planning Commission\11-09Agenda Item 7 2015\Comments and Redlines 15-5194 Expired PZDs Page 4 of 28