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Home My WebLink About2011-08-22 - Agendas - FinalPlanning Commission Officers Matthew Cabe, Chair Porter Winston, Vice -Chair Sarah Bunch, Secretary aye evtlle ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting August 22, 2011 Planning Commissioners Chris Griffin William Chesser Kyle Cook Hugh Earnest Craig Honchell Tracy Hoskins A meeting of the Fayetteville Planning Commission will be held on August 22, 2011 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Consent: 1. Approval of the minutes from the August 8, 2011 meeting. Old Business: 2. RZN 11-3866: Rezone (2013 E. MISSION BLVD./RUSKIN HEIGHTS, 370/371): Submitted by JORGENSEN & ASSOCIATES for property located at 2013 EAST MISSION BOULEVARD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 28.93 acres. The request is to rezone the property to CS, COMMUNITY SERVICES; NC, NEIGHBORHOOD CONSERVATION; AND RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE, subject to a Bill of Assurance. Planner: Andrew Garner New Business: 3. ADM 11-3926: Administrative Item (465 S. LOCUST AVE./SYCAMORE LOFTS, 523): Submitted by JACOBS & NEWELL for property located at 465 S. LOCUST AVE. The property is zoned MAIN STREET CENTER and contains approximately 0.63 acres. The request is for a greenspace variance to permit a lot split of the developed property. Planner: Jesse Fulcher 4. CUP 11-3896: Conditional Use Permit (4618 N. COLLEGE AVE./ARK HELICOPTERS, 096): Submitted by CAMRON MCAHREN for property located at 4618 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 17.55 acres. The request is to allow helicopter rides year-round at Mae Farm, Use Unit 2, City-wide uses by conditional use, in the C-2 and R -A Zoning District. Planner: Andrew Garner 5. CUP 11-3897: Conditional Use Permit (1236 S. SCHOOL AVE./KISOR, 562): Submitted by ERIC KISOR for property located at 1236 SOUTH SCHOOL AVENUE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 1.50 acres. The request is for Use Unit 17, Transportation trades and services, for an auto detail shop, in the DG Zoning District. Planner: Dara Sanders 6. CUP 11-3900: Conditional Use Permit (313 N. ROLLSTON AVE./TAVERN BAR & GRILL, 484): Submitted by TIM COOPER ARCHITECT for property located at 313 NORTH ROLLSTON AVENUE. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.21 acre. The request is for a parking variance and offsite parking lot. Planner: Jesse Fulcher 7. RZN 11-3901: Rezone (811 & 833 S. BEECHWOOD AVE./LOVE BOX, 559): Submitted by JORGENSEN & ASSOCIATES for properties located at 811 and 833 SOUTH BEECHWOOD AVENUE. The properties are zoned I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and I-2, GENERAL INDUSTRIAL and contains approximately 16.24 acres. The request is to rezone the properties to CS, COMMUNITY SERVICES. Planner: Andrew Garner 8. RZN 11-3892: Rezone (FAYETTE JUNCTION MASTER PLAN, 599): Submitted by THE CITY OF FAYETTEVILLE PLANNING DIVISION for property located WITHIN THE FAYETTE JUNCTION MASTER PLAN AREA. The properties are zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 DU/ACRE; C-1, NEIGHBORHOOD COMMERCIAL; C-2, THOROUGHFARE COMMERCIAL; and I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL. The request is to rezone select properties within the Fayette Junction Master Plan area to NS, NEIGHBORHOOD SERVICES; CS, COMMUNITY SERVICES; UT, URBAN THOROUGHFARE; P-1, INSTITUTIONAL; AND I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL. Planner: Dara Sanders The following item has been approved administratively by City staff: LSP 11-3911: Lot Split (272 E. JOYCE BLVD./SPRING PARK SD 9B -2B, 134): Submitted by ARFAY BOOMERANG, LLC for property located at 272 EAST JOYCE BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.49 acres. The request is to divide the subject property into two tracts of approximately 0.64 and 0.85 acre. Planner: Dara Sanders LSP 11-3912: Lot Split (2176 N. SUNSHINE RD./HERTZBERG, 360): Submitted by BATES AND ASSOCIATES for property located at 2176 NORTH SUNSHINE ROAD. The property is in the PLANNING AREA and contains approximately 2.81 acres. The request is to divide the subject property into two tracts of approximately 1.11 and 1.70 acre. Planner: Jesse Fulcher LSP 11-3915: Lot Split (306 W. SPRING ST. & 201 N. LOCUST AVE./GARRETT, 484): Submitted by ENGINEERING SERVICES, INC. for property located at 306 WEST SPRING STREET AND 201 NORTH LOCUST AVENUE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.28 acre. The request is to divide the subject property into two tracts of approximately 0.15 and 0.13 acre. Planner: Andrew Garner NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Once the Chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff or others for response. Please keep your comments brief to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD, Telecommunication Device for the Deaf are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the Planning Commission agenda and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. Planning Commission August 8, 2011 Page 1 of 8 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on August 8, 2011 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED Consent: MINUTES: July 25, 2011 Page 3 Approved VAC 11-3887: Vacation (2388 N. COLLEGE AVE./KUM & GO, 405) Page 3 Approved Old Business: ACTION TAKEN CUP 11-3841: Conditional Use Permit (1 W. CENTER ST./DICKEY, 523) Page 4 Tabled RZN 11-3866: Rezone (2013 E. MISSION BLVD./RUSKIN HEIGHTS, 370/371) Page 5 Tabled New Business: ADM 11-3907: Variance Item (57 E. TOWNSHIP ST./MONTESSORI, 329) Page 6 Approved CUP 11-3886: Conditional Use Permit (1649 VIEWPOINT DR./JARRATT, 409) Page 7 Approved CUP 11-3890: Conditional Use Permit (4458 E. HUNTSVILLE RD./ALDERSON, 569) Page 8 Forwarded MEMBERS PRESENT MEMBERS ABSENT Craig Honchell Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Chris Griffin Porter Winston Matthew Cabe Kyle Cook August 22, 2011 Planning Commission PC Minutes 08-08-2011 Agenda Item 1 Page 1 of 8 Planning Commission August 8, 2011 Page 2 of 8 STAFF PRESENT Andrew Garner Jesse Fulcher Dara Sanders Sarah Wrede CITY ATTORNEY Kit Williams, City Attorney 5:30 PM - Planning Commission Vice -Chair Porter Winston called the meeting to order. Commissioner Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members were present with the exception of Commissioners Cabe and Earnest. August 22, 2011 Planning Commission PC Minutes 08-08-2011 Agenda Item 1 Page 2 of 8 Planning Commission August 8, 2011 Page 3 of 8 Consent: Approval of the minutes from the July 25, 2011 meeting. VAC 11-3887: Vacation (2388 N. COLLEGE AVE./KUM & GO, 405): Submitted by CEI ENGINEERING ASSOCIATES, INC. for property located at 2388 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.40 acres. The request is to vacate a portion of a utility easement. Motion: Commissioner Griffin made a motion to approve the Consent Agenda. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. August 22, 2011 Planning Commission PC Minutes 08-08-2011 Agenda Item 1 Page 3 of 8 Planning Commission August 8, 2011 Page 4 of 8 Old Business: CUP 11-3841: Conditional Use Permit (1 W. CENTER ST./DICKEY, 523): Submitted by ALEXANDER DICKEY for property located at 1 WEST CENTER STREET. The property is zoned P-1, Institutional and is on the public sidewalk. The request is for approval of a conditional use permit to allow an 8 foot by 5 foot sidewalk vendor cart to be on the sidewalk on the north side of the Fayetteville Square. Dara Sanders, Current Planner, gave the staff report. No public comment was presented. Motion: Commissioner Griffin made a motion to table CUP 11-3841 indefinitely. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. August 22, 2011 Planning Commission PC Minutes 08-08-2011 Agenda Item 1 Page 4 of 8 Planning Commission August 8, 2011 Page 5 of 8 RZN 11-3866: Rezone (2013 E. MISSION BLVD./RUSKIN HEIGHTS, 370/371): Submitted by JORGENSEN & ASSOCIATES for property located at 2013 EAST MISSION BOULEVARD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 28.93 acres. The request is to rezone the property to CS, COMMUNITY SERVICES; NC, NEIGHBORHOOD CONSERVATION; AND RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE. Andrew Garner, Senior Planner, gave the staff report. No public comment was received. Commissioner Griffin discussed reasons why he felt that tabling this item indefinitely would be more appropriate than tabling date specific, to ensure that all neighbors will be adequately notified for the meeting. Motion: Commissioner Griffin made a motion to table RZN 11-3866 indefinitely. Commissioner Hoskins seconded the motion. Commissioner Winston stated that as the applicant is meeting with the neighbors they are covering their bases as far as notification, and that it might be confusing to not allow this on the next Planning Commission meeting agenda. Commissioner Chesser asked if the commission may require notification of the neighbors as a condition of tabling this item date specific. City Attorney, Kit Williams, indicated that he did not think the notification could be required as a condition of the tabling. He asked staff about the notification requirements for a rezoning. Garner discussed the notification requirements and indicated that if this item were tabled indefinitely the applicant would be required to notify the neighbors again at least 15 days prior to the meeting. If this item were tabled indefinitely they would not be able to meet the notification requirements for the August 22n meeting. Dara Sanders, Current Planner, indicated that she spoke with the applicant today who indicated that he will be providing a certificate of mailing. Commissioner Hoskins discussed potential revisions to the rezoning request and stated that he does not feel that the applicant will be ready for the August 22'd meeting. Commissioner Cook discussed that the neighbors that are interested in this rezoning have been notified and as long as they stay engaged will be notified of the proceedings. Upon roll call the motion to table RZN 11-3866 indefinitely failed with a vote of 2-5-0 (Commissioners Winston, Bunch, Cook, Chesser, and Honchell voting `no'). Motion: Commissioner Cook made a motion to table CUP 11-3841 until the August 22, 2011 meeting. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 5-2-0 (Commissioners Griffin and Hoskins voting `no'). August 22, 2011 Planning Commission PC Minutes 08-08-2011 Agenda Item 1 Page 5 of 8 Planning Commission August 8, 2011 Page 6 of 8 New Business ADM 11-3907: Variance Item (57 E. TOWNSHIP ST./MONTESSORI, 329): Submitted by BATES & ASSOCIATES for property located at 57 EAST TOWNSHIP STREET. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.75 acres. The request is to allow permanent structures to be placed within a Streamside Protection Zone, along with streamside improvements to establish a riparian buffer. Jesse Fulcher, Current Planner, gave the staff report. Bradford Payne, applicant, stated that they were planning to mitigate the impact of the development by removing existing impervious surface and planting up several areas with shrubs and trees, including along the streambank. Commissioner Chesser asked if there was standard for pervious parking? Sarah Wrede, Floodplain Administrator, stated that there isn't a standard required by the city, but that there are other cities with standards in place to evaluate. Commissioner Hoskins asked what process the development would go through and if the design standards would be the same. Fulcher stated that the project would go through a Site Improvement Plan process and the standards are the same as a large scale development. Motion: Commissioner Hoskins made a motion to approve ADM 11-3907 as recommended by staff. Commissioner Griffin seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. August 22, 2011 Planning Commission PC Minutes 08-08-2011 Agenda Item 1 Page 6 of 8 Planning Commission August 8, 2011 Page 7 of 8 CUP 11-3886: Conditional Use Permit (1649 VIEWPOINT DR./JARRATT, 409): Submitted by HUGH JARRATT for property located at 1649 VIEWPOINT DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.72 acres. The request is to build an accessory structure before the primary structure for the storage of two vehicles and maintenance equipment required to upkeep the property. Jesse Fulcher, Current Planner, gave the staff report. Hugh Jarrett, applicant, stated that there was limited accessibility from his existing residence, and it was necessary to access the property off of Hartford. He had also spoken to his neighbors and they had no objection to the building. Kit Williams, City Attorney asked the applicant if the outdoor lighting restriction was okay. Hugh Jarrett, applicant, stated that he would like to be able to install some type of lighting if it was necessary. Motion: Commissioner Hoskins made a motion to approve CUP 11-3886 amending condition of approval #3 to state that "No exterior lighting shall be installed on the property other than full cut-off light fixtures". Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. August 22, 2011 Planning Commission PC Minutes 08-08-2011 Agenda Item 1 Page 7 of 8 Planning Commission August 8, 2011 Page 8 of 8 CUP 11-3890: Conditional Use Permit (4458 E. HUNTSVILLE RD /ALDERSON, 569): Submitted by CECIL ALDERSON for property located at 4458 EAST HUNTSVILLE ROAD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 0.81 acres. The request is for a metal accessory structure that exceeds 50% of the size of the primary structure. Dara Sanders, Current Planner, presented the staff report and recommendation. Cecil Alderson, property owner, introduced himself and described his project. No public comment was presented. Commissioner Winston and staff discussed screening requirements. Commission Hoskins expressed his dislike of metal buildings and recommended a different material for the accessory structure. Commissioner Hoskins and Mr. Alderson discussed the reason for the applicant's choice. Commissioners Hoskins and Griffin discussed their preference and different options with the applicant. Commissioner Cook expressed his support for the request based on the screening and distance from the street. Commissioner Honchell also expressed support for the applicant's request. Kit Williams, City Attorney, described the background and his participation in the adoption of the Commercial Design and Development Standards. Staff and the City Attorney discussed the requirements of the standards and the criteria for a Planning Commission variance including discussion of a hardship. Motion: Commissioner Honchell made a motion to approve CUP 11-3890 as recommended by staff. Commissioner Griffin seconded the motion. Upon roll call the motion passed with a vote of 5-2-0 (Commissioners Winston and Hoskins voting `no'). There being no further business, the meeting was adjourned at 7:10 PM. August 22, 2011 Planning Commission PC Minutes 08-08-2011 Agenda Item 1 Page 8 of 8 ¶ttevtlle ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of August 22, 2011 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: June 30, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 RZN 11-3866: Rezone (2013 E. MISSION BLVDJRUSKIN HEIGHTS, 370/371): Submitted by JORGENSEN & ASSOCIATES for property located at 2013 EAST MISSION BOULEVARD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 28.93 acres. The request is to rezone the property to CS, COMMUNITY SERVICES; NC, NEIGHBORHOOD CONSERVATION; AND RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE, subject to a Bill of Assurance. Planner: Andrew Gamer BACKGROUND: Planning Commission Meetins: This item has been tabled at the three previous Planning Commission meetings (July 11 , July 25th, and August 8th). The applicant has submitted a slightly revised rezoning request and associated Bill of Assurance that are attached to and described in this report. Property Description: The subject property consists of approximately 28.93 acres located on the south side of Mission Boulevard (State Highway 45), approximately 0.5 miles west of Crossover Road. The approximately 29 -acre site contains 18.6 acres within the Hillside/Hilltop Overlay district, comprising 62% of the land area. Tree canopy varies dramatically over the site, with a majority of the tree canopy on the perimeter property lines or old fence rows, and along the south and west portion of the property which is primarily sloped. Other portions of the property, especially that near Mission Boulevard, is clear of tree canopy altogether. Part of the property is developed with streets, water, sewer, and storm drainage related to a previous development that was never completed. The property is surrounded by a variety of uses, including a church, plant nursery, single family residences, multi- family residences and a commercial strip center. This site is located approximately % mile from one of the larger commercial nodes in the City of Fayetteville, the development that surrounds the intersection of Highway 45 (Mission Blvd) and Highway 265 (Crossover Road). The surrounding land use and zoning are listed in Table 1. Table 1 Land Use/Zonin Direction V Land Use Zoning North Mission Boulevard Baptist Church; Westwood Gardens Plant Nursery; Single family residences P-1; RSF-4 South Single family residences RSF-4 G:IETCIDevelopment Services Review110111Development Review111-3866 RZN2013 E. Mission Blvd (Ruskin Heights)103 Planning Commission107-11-20111 Comments and Redlines August 22, 2011 Planning Commission RZN 11-3866 Ruskin Heights Agenda Item 2 Page 1 of 42 East Single family, multi -family RSF-4, RMF -24 West Single-family residential (Broadview Subdivision); Commercial shopping center C-1; RSF-4 History: On March 20, 2007 the City Council approved the Ruskin Heights Residential Planned Zoning District on the subject property (R-PZD 06-2299). The property was originally zoned RSF-4, Residential Single Family Four Units Per Acre. The R-PZD zoning permitted a total of 295 attached and detached dwellings as well as 58,500 square feet ofnon-residential/commercial space. As part of the PZD approval a preliminary plat was approved for 68 lots. Construction permits for the preliminary plat was approved and a majority of the infrastructure for these 68 lots was installed. The final plat was never completed and the construction permits and the PZD have expired. PZD Revocation: If an approved PZD expires the property does not automatically revert back to the original zoning. The property is unable to be developed or subdivided until a new, valid zoning district is assigned. Current Proposal: The applicant proposes to rezone the approximately 28.93 -acre property from R- PZD 06-2299 Ruskin Heights to the following zoning districts: • CS, Community Services (7.13 acres) • NC, Neighborhood Conservation (16.83 acres) • RSF-4, Residential Single Family Four Units Per Acre (4.96 acres) A survey and legal descriptions showing the various areas to be rezoned is attached. The applicant has offered a Bill of Assurance along with this rezoning request that would limit the uses and density of various areas of the site. Previous Proposal: The applicant's previous rezoning request that was discussed at the July 11, 2011 meeting was as follows: • r"C Community Services (7.67 acres) • NC, Neighborhood Conservation (18.40 acres) • RSF-4, Residential Single Family Four Units Per Acre (2.86 acres) Public Comment: City staff has received a few emails about this rezoning request, and there were eight people that commented at the July 11a' Planning Commission meeting. The applicant has had meetings with the neighborhood discussing the proposed rezoning and has modified their original request and included a detailed Bill of Assurance to try and address the neighbor's concerns. The written public comments provided to the City and the meeting minutes from July 11`11 meeting have been attached to this report. RECOMMENDATION: Staff recommends forwarding RZN 11-3866 (Ruskin Heights) to the City Council with a recommendation for approval of the requested zoning based on the findings stated herein. G:IETCIDevelopment Services Review120111Development Review111-3866 RZN2013 E. Mission Blvd (Ruskin Heights)103 Planning Commissionl07-11-20111Commenis and Redlines August 22, 2011 Planning Commission RZN 11-3866 Ruskin Heights Agenda Item 2 Page 2 of 42 mat X11 sr kx: Y`Y Rif mr =Ykr_J 3.;tF k 111 1. t. t: There are sections of the curb that were installed without city approval, specifically exposed aggregate. At time of development, this item must be addressed, either by remove and replace with standard curb or obtain approval by city council. Water and Sewer: Public water and sewer are available to the property. There are 8 -inch water and sewer mains installed throughout the development. Additional water and sewer improvements may be required if lot lines are changed or if a large increase in density is proposed. Drainage: This property is not affected by the 100 -year floodplain or the Streamside Protection Zones. Police: Staff did not receive objections from the Police Department to this rezoning. Fire: Staff did not receive objections from the Fire Department to this rezoning. This property is covered by Engine 5 at Old Wire/Crossover Road with an expected response time of four minutes. 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: Staff finds the proposal is highly consistent with the land use planning nhjectives_ principles and policies, as evidenced the number of guiding policies for Residential Areas this proposal meets including Residential Area Policy G to: "Site new residential areas accessible to roadway, alternative transportation modes, community amenities, schools, infrastructure, and retail and commercial goods and services." The proposed rezoning is also highly consistent with the six major goals of City Plan 2025 as follows: G:IETCIDevelopment Services Review120111Developmeiv Review\] 1-3866 RZN2013 E. Mission Blvd (Ruskin Heights)I03 Planning Commissionl07-11-20111Comments and Redlines August 22, 2011 Planning Commission RZN 11-3866 Ruskin Heights Agenda Item 2 Page 4 of 42 City Plan 2025 Goals RZN 11-3866 Compliance With City Plan 2025 Goal 1: We will make appropriate infill and revitalization our highest priorities. This proposed rezoning would allow infill in a well-developed area of Fayetteville. The property is surrounded by existing development and infrastructure. The development of this site with the Ruskin Heights preliminary plat has revitalized the existing infrastructure and street system in the immediate vicinity. Future development of this site permitted under the proposed zoning districts would provide the opportunity for additional improvements. Goal 2: We will discourage suburban sprawl. By permitting infill development, the proposed rezoning discourages suburban sprawl, and keeps greenfields on the perimeter of the City. Future development allowed because of this rezoning would be able to take advantage of proximity to a larger existing pool of potential employees, transit, and utility infrastructure, than a sprawling development on the periphery. Goal 3: We will make traditional town form the standard. This proposed zoning districts would encourage development in a traditional town form. The zoning districts would allow for a variety of uses within a neighborhood creating the ability to live, work, shop, and have daily needs and services met within walking distance. The mix of uses allowed under the proposal is adaptable for change over time. Goal 4: We will grow a livable transportation network. This development of the Ruskin Heights preliminary plat and continued development of this site allowed under the rezoning will provide an opportunity to improve the existing street system and sidewalks on Mission Boulevard and Greenview Drive. The proposed rezoning would allow the potential for concentrated development near one of the busiest intersections in the City at the intersection of two state highways/principal arterials. The proposed rezoning would help define a node, or concentration of development in this vicinity of the City, helping towards the goal of public transit. Goal 5: We will assemble an enduring green network. This proposed rezoning would be consistent with the intent of this policy to maintain community character, quality of life, and contribute to the economic success of the City. Preservation of greenspace would be reviewed and required during development. Goal 6: We will create attainable housing. The variety of lot sizes and residential products allowed because of the rezoning could lead to a mixed -income neighborhood. Consistent with the intent of this goal, the proposed rezoning is not an isolated attainable housing project all under one zoning district, but rather reflects the opportunity to create a more traditional urban neighborhood with households of varying types, sizes, and economic means. Rezoning the property will accommodate both the future land use plan for residential uses, and also allow for a variety of uses and housing types, sizes and development pattern, thus providing -3recuchokes fin r wnore catzens. The in vywseu zoning is also compatible with the existing land uses and zoning in the immediate area including a mix of multi -family and single-family dwellings to the east, along with commercial and non-residential uses and zonings to the west and north. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is needed at this time as the existing R-PZD zoning has expired and the property is unable to be developed in any manner, including minor applications such as a lot split or single family residence, until the expired PZD zoning is revoked and a new zoning district is assigned. As discussed in Finding No. 1, the proposed zoning is justified as it is compatible with the surrounding zoning and land uses and consistent with the City's Future Land G:IETCIDevelopment Services Review120111Development Review111-3866 RZN 2013 E. Mission Blvd (Ruskin Heights)103 Planning Commission107-11-20111Comments and Redlines August 22, 2011 Planning Commission RZN 11-3866 Ruskin Heights Agenda Item 2 Page 5 of 42 Use Plan. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Mission Boulevard has been fully improved with the development of the Ruskin Heights preliminary plat including widening both sides of the road, center turn lane, curb, gutter, storm drainage, and sidewalk connection to Crossover Road approximately 0.5 mile to the east. The proposed rezone would not appreciably increase traffic danger and congestion. With future development and build -out of this site under the proposed rezoning additional street improvements would be evaluated and reviewed in compliance with City ordinance. Examples of some typical street improvements that have occurred with development of similarly -sized sites including widening, curb and gutter, traffic signals, bridge assessments, trails and sidewalks. 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: Staff finds that the proposed zoning would not create undesirable impacts to public services, or a density that is incompatible with the surrounding area, based on a review of infrastructure, existing land uses, and the development potential of the property. Increased load on public services were taken into consideration and comments from the Engineering, Fire, and Police Departments are included in this report. 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: Not applicable. Staff recommends in favor of the request. G:IETCIDevelopmenl Services Review120111Development Review111-3866 RZN2013 E. Mission Blvd (Ruskin Heights)I03 Planning Commissionl07-11-20111Comments and Redlines August 22, 2011 Planning Commission RZN 11-3866 Ruskin Heights Agenda Item 2 Page 6 of 42 PROPOSED ZONING DISTRICTS 161.07 District RSF-4, Residential Single -Family — Four Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. 1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings 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 5 Government facilities Unit 9 Two-family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities C Density. D Bulk and area regulations. Single-family dwellings Two-family dwellings Units per acre 4 or less 7 or less D Bulk and area regulations. (E) Setback requirements. Front Side Rear 15 ft. 5 ft. 15 ft. (F) Building height regulations. Building Height Maximum 45 ft. Height regulations. Structures in this District are limited to a building height of45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses, (ord. # 4858). (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4858, 4-18-06; Ord. 5028, 6-I9-07; Ord. 5128, 4-15-08; Ord. 5224, 3-3-09; Ord. 5312, 4-20-10) G:IETCIDevelopment Services Review120111Development Review11l-3866 RZN2013 E. Mission Blvd (Ruskin Heights)103 Planning Cammission107-11-20111Camments and Redlines August 22, 2011 Planning Commission RZN 11-3866 Ruskin Heights Agenda Item 2 Page 7 of 42 Single-family dwellings Two-family dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 8,000 sq. ft. 12,000 sq. -ft. Land area per dwelling unit 8,000 sq. ft. 6,000 sq. ft. Hillside Overlay District Lot minimum width 60 ft. 70 ft. Hillside Overlay District Lot area minimum 8,000 sq. ft. 12,000 sq. -ft. Land area per dwelling unit 8,000 sq. ft. 6,000 sq. ft. (E) Setback requirements. Front Side Rear 15 ft. 5 ft. 15 ft. (F) Building height regulations. Building Height Maximum 45 ft. Height regulations. Structures in this District are limited to a building height of45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses, (ord. # 4858). (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4858, 4-18-06; Ord. 5028, 6-I9-07; Ord. 5128, 4-15-08; Ord. 5224, 3-3-09; Ord. 5312, 4-20-10) G:IETCIDevelopment Services Review120111Development Review11l-3866 RZN2013 E. Mission Blvd (Ruskin Heights)103 Planning Cammission107-11-20111Camments and Redlines August 22, 2011 Planning Commission RZN 11-3866 Ruskin Heights Agenda Item 2 Page 7 of 42 161.19 Community Services (A) Purpose. The Community Services district is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating places Unit 15 Neighborhood Shopping goods Unit 18 Gasoline service stations and drive- in/drive through restaurants Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit unit 7 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation, trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities* Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None (D) Bulk and area regulations. G:IETCIDevelapment Services Review120111Development Reviewl] 1-3866 RZN2013 E. Mission Blvd (Ruskin Heights)103 Planning Cammissian107-11-20111Comments and Redlines August 22, 2011 Planning Commission RZN 11-3866 Ruskin Heights Agenda Item 2 Page 8 of 42 (1) Lot width minimum. Dwelling 18 ft. All others None (2) Lot area minimum. None (E) Setback regu ations. Front: The principal facade of a building shall be built within a build -to zone that is located between 10 feet and a line 25 feet from the front property line. Side and rear: None Side or rear, when contiguous to a residential district: 15 feet (F) Height regulations. Maximum height is 4 stories or 56 feet which ever is less. (G) Minimum buildable street frontage. 65% of the lot width. (Ord. 5312, 4-20-10; Ord. 5339, 8-3-10) G:IETCIDevelopment Services Review120111Development Review111-3866 RZN2013 E. Mission Blvd (Ruskin Pleights)103 Planning Commission107-11-20111 Comments and Redlines August 22, 2011 Planning Commission RZN 11-3866 Ruskin Heights Agenda Item 2 Page 9 of 42 161.26 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 9 Two-family dwellings Unit 41 Accessory dwellings 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 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 (C) Density. 10 Units Per Acre. (D) Bulk and area regulations. (1) Lot width minimum. Single Family 40 ft. Two Family 80 ft. Three Family 90 ft. (2) Lot area minimum. 4,000 Sq. Ft. E) Setback regulations Front The principal facade of a building shall be built within 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 an alley 12 ft. (F) (G) Minimum buildable street frontage. 40% of lot width. Height regulations. Maximum height is 3 stories or 45 feet which ever is less. (Ord. 5128, 4-15-08; Ord. 5312, 4-20-10 G:IETCIDevelopment Services Review120111Development Review111-3866 RZN2013 E. Mission Blvd (Ruskin Heights)103 Planning Commission107-11-20111Comments and Redlines August 22, 2011 Planning Commission RZN 11-3866 Ruskin Heights Agenda Item 2 Page 10 of 42 June 24, 2011 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, This document is in response to the request for a determination of whether the proposed RZN 11-3866: (2013 E. Mission Blvd. / Ruskin Heights, 370/371): Submitted by Jorgensen & Associates for property located 2013 E. Mission Boulevard would substantially alter the population density and thereby undesirably increase the load on public services and create an appreciable increase in traffic danger and congestion. The property contains approximately 28.93 acres. It is the opinion of the Fayetteville Police Department that this RZN will not substantially alter the population density, and will not create an appreciable or undesirable increase in the load on police services. This RZN will not create an appreciable increase in traffic danger and congestion. Sincerely, R. Turberville Fayetteville Police Department August 22, 2011 Planning Commission RZN 11-3866 Ruskin Heights Agenda Item 2 Page 11 of 42 CITY ENGINEERING COMMENTS RZN 11-3866: Rezone (2013 E. MISSION BLVD./RUSKIN HEIGHTS, 370/371): Submitted by JORGENSEN & ASSOCIATES for property located at 2013 EAST MISSION BOULEVARD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 28.93 acres. The request is to rezone the property to CS, COMMUNITY SERVICES; NC, NEIGHBORHOOD CONSERVATION; AND RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE. Planner: Andrew Garner Public water and sewer are available to the property. There are 8" water and sewer mains installed throughout the development. Additional water and sewer improvements may be required if lot lines are changed or if a large increase in density is proposed. The site has access to Mission Blvd. which was fully improved in this location with the development of this property. Streets are currently constructed throughout the development. The infrastructure installed on this project has not yet been accepted by the City of Fayetteville. An inspection of the infrastructure will be required and work may be required to bring the infrastructure into compliance with current regulations. The developer will also need to submit as -built construction plans, construction cost estimates, surveyor's certification of compliance, detention pond verification and maintenance bonds for the public infrastructure prior to acceptance by the City of Fayetteville. There are sections of the curb that were installed without city approval, specifically exposed aggregate. At time of development, this item must be addressed, either by remove and replace with standard curb or obtain approval by city council. This property is not affected by the 100 -year floodplain and the Streamside Protection Zones. August 22, 2011 Planning Commission RZN 11-3866 Ruskin Heights Agenda Item 2 Page 12 of 42 y a m m m z S ") y n•, -0 o n na /� amgmoo it Z. x zom Co m m« �y�mm� m m '<zv m o3 '^ :n r -• ,-, r 'm o • CF' o.o yvo_i H Y o c r. 03 n -nj n " - Z "' In° 0 33 it n 3 S a_ -om o'a a Z - m O '� a cm'=.3 ▪ C .< G 3a n mnJ0m y-(i°"8o'`o_ U x j x 2 y 3�. o n» 3 r1 7 - C �. 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