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Home My WebLink About2009-03-09 - Agendas - Final ARKANSAS 113 w.Mountain St. Fayetteville,AR 72701 Telephone:(479)575;3267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday,March 9,2009,5:30 p.m. Room 219,City Administration Building ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item—Chair B. Presentation of Staff Report C. Presentation of request—Applicant D. Public Comment E. Questions&Answer with Commission F. Action of Planning Commission(Discussion&Vote) '. NOTE TO MEMBERS OF THE AUDIENCE If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Public comment occurs after the Planning Staff has presented the application and will only be permitted during this part of the hearing for each item.Members of the public are permitted a maximum of 10 minutes to speak;representatives of a neighborhood group will be allowed 20 minutes. The applicant/representative of an application before the Planning Commission for consideration will be permitted a maximum of 20 minutes for presentation. Once the Chair recognizes you,go to the podium at the front of the room and give your name and address. Address your comments to the Chair, who is the presiding officer. He/She will direct them to the appropriate appointed official, staff member or others for response. Open dialogue will not be permitted: please ask any questions,and answers will be provided once public comment has been closed. Please keep your comments brief,to the point,and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning Commission. 2009 Planning Commissioners Sean Trumbo Lois Bryant Matthew Cabe James Graves Porter Winston Audy Lack Christine Myres Jeremy Kennedy Jill Anthes Tave e I TENTATIVE AGENDA ARKANSAS The City of Fayetteville,Arkansas 113 W.Mountain St. Fayetteville,An 72701 Telephone:(479)575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday,March 9,2009,5:30 p.m. Room 219;City Administration Building The following items will be considered: - Consent Aeenda: 1. Approval of the minutes from the Monday,February 23,2009 meeting. 2. ADM 09-3236: (540 FLEX PRELIMINARY PLAT EXTENSION): Submitted by GREAT SOUTHERN BANK for property located at the END OF N. SHILOH DRIVE,S OF MT. COMFORT ROAD.The property is zoned I-1,HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 12.29 acres.The request is for a one year extension for the approval of the PPL 07-2534. Planner: Jesse Fulcher New Business: 3.RZN 09-3217: (WINKLER/SOUTH&COLLEGE STS.,524): Submitted by STEVE &MICHELE WINKLER for property located at 300 S. COLLEGE AVENUE AND 145,173,184 E. SOUTH STREET. The property is zoned NC,NEIGHBORHOOD CONSERVATION and contains approximately 0.63 acres. The request is to rezone the subject property to DG,Downtown General. Planner: Jesse Fulcher 4. RZN 09-3218: (LIFE STYLES,INC.,363): Submitted by BATES AND ASSOCIATES for property located at NORTH OF THE SYCAMORE ST. AND SADDLEHORNE AVENUE INTERSECTION. The property is zoned RSFA, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.27 acres. The request is to rezone the subject property to P-1,Institutional Planner: Dara Sanders 5. ADM 09-3219: (UDC AMENDMENT CH. 166.12,DEVELOPMENT): The request is to modify the Fayetteville Unified Development code Section 166.12 to permit yard accessories over public easements if written permission is provided by utility companies. Planner:Andrew Gamer All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments 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. Interpreters or TDD for hearing impaired are available for all public hearings;72.hour notice is required. For further information or to request an - _ interpreter,please.call 575-8330. 7aye PC Meeting of March 9, 2009 tul THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher,Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: March 2, 2009 ADM 09-3236: (540 FLEX PRELIMINARY PLAT EXTENSION): Submitted by GREAT SOUTHERN BANK for property located at the END OF N. SHILOH DRIVE, S OF MT. COMFORT ROAD. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 12.29 acres. The request is for a one year extension for the approval of the PPL 07-2534. Planner: Jesse Fulcher BACKGROUND Property Description and History: On September 24, 2007, the Planning Commission approved PPL 07-2534(540 Flex),for 3-lot commercial/industrial subdivision at the southern extension ofN. Shiloh Drive, south of Mt. Comfort Road. Proposal: The applicant requests to extend the approval of the Preliminary Plat for one year from the original date of approval,to expire on September 24,2009. The Planning Department received the applicant's extension request on February 19, 2009, within the required 18 month time limit. Should this extension be granted, all permits and approvals required by City, State, and Federal regulations to start construction of the development are required to be issued before the one-year extended deadline. If the permits are not issued prior to September 24, 2009, all of the approved plans for the project shall be rendered null and void,or the applicant may apply for a final one-year extension. RECOMMENDATION Planning Staff recommends approval of ADM 09-3236, the requested extension to PPL 07-2534, with the following conditions: 1. The applicant shall be allowed until September 24, 2009 to receive all permits necessary to complete construction of the project. If all permits have not been received by this time,the Preliminary Plat approval shall be revoked; the applicant does have the ability to apply for one additional extnsion within that time frame. K.IReports120091PC Reportsl05-March 9WDM09-3236(540 Flex extension).doc March 9,2009 Planning Commission ADM 09-3236 540 Flex Agenda Item 2 Page 1 of 10 2. All other conditions of approval for the project shall remain applicable. DISCUSSION The City of Fayetteville Unified Development Code(UDC)Section 166.20(B)(2)gives the Planning Commission authority to extend approval of a planned zoning district development one additional year within 18 months of the original approval. In order to extend this approval,the applicant must: (1) request the extension prior to the one year time limit, and (2) show good cause why the tasks could not reasonably be completed within the normal one year. If the one year extension is granted, it is within this time that the applicant shall receive all permits and approvals as required by City, State, and Federal regulations to start construction of the development or project. (1) The applicant has submitted the extension request to the Planning Division on February 19, 2009,prior to the 18 month time limit ending on March 24, 2009. (2) The applicant has stated that forclosure proceedings have delayed this project,and additional time is needed before the project can be started. K.LReports1200MPCReportsIO5-March 9WDM09-3236(540 Rex extension).doc March 9,2009 Planning Commission ADM 09-3236 540 Flex Agenda Item 2 Page 2 of 10 Great Southern Bank February 19, 2009 Fayetteville Planning Commission 125 West Mountain Street Fayetteville, Arkansas 72701 To Whom It May Concern: I, Chris Jones, Commercial Loan Officer of Great Southern Bank would like to request a one year extension of the approval for the project approved September 24, 2007 which is commonly referred to as 540 Flex. The project was delayed due to the legal process involved with the foreclosure and Great Southern Bank is now the legal owner. We are currently marketing the project for sale with a credible lead but it is unlikely construction can begin before the March 24, 2009 deadline for extension requests. A copy of the original approval from the city is attached. Thank you, Chris Jo s Commercial Loan Offer March 9,2009 MEMBER PO, Box 9009 • Springfield, Missouri 65808-9009 417-8874400 • 1-800-749-7113 Pla commission FnIc AD 3236 540 Flex AgencYaNtem 2 Page 3 of 10 Taye PC Meeting of September 24, 2007 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Matt Casey, Assistant Engineer THRU: Jeremy Pate, Director of Current Planning DATE: Septembef 19, 2007 Updated September 27, 2007 PPL 07-2534: Preliminary Plat(540 FLEX,363): Submitted by STEVE BRANNAN for property located at S END OF N. SHILOH DRIVE, S OF THE POINT WEST SUBDIVISION. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 12.29 acres. The request is to develop a Mot commercial subdivision with 2 lots proposed in Phase 1. Planner: Jesse Fulcher Findings: Property: The subject property contains approximately 12.29 acres and.is zoned I-1,Heavy Commercial/Light Industrial, subject to a Bill of Assurance from 1981. The property is located west of I-540 and is located within the Design Overlay District. Proposal: The applicant requests preliminary plat approval to create 2 lots for development within Phase I,with approximately 6.89 acres remaining undeveloped in Phase II (Lot 3). Surrounding Land Use and Zoning., Direction Land Use Zoning North Industrial I-1 South Vacant property/Residential R-A East I-540 N/A West Pine Valley Subdivision RMF-24 Water and Sewer System: Water and sewer shall be extended to serve the proposed development. Adjacent Master Street Plan Streets: North Shiloh Drive(Collector Street) and I-540 Right-of-way to be dedicated: Dedication in the amount of 70' for the extension and construction of N. Shiloh Drive through the subject development is required. K.IReports120071PC Repay rA09-24-071PPL 07-1534(540 F1ex).dac March 9,2009 Planning Commission ADM 09-3236 540 Flex Agenda Item 2 Page 4 of 10 Street Improvements: Staff recommends the construction and extension of N. Shiloh Drive through Phase I with a hammer-head turn around provided at the southern property line. Shiloh Drive shall be constructed as a 30' street section with curb and gutter, storm drainage and 5' sidewalks. Connectivity; There is an existing street stub-out (W. River Ridge Drive) from the residential subdivision to the west that intersects Phase II and un-constructed right-of-way for Sycamore Avenue adjacent to the south property line of Phase 11. Future connection to these streets has not been evaluated with Phase 1, and will be reviewed with development adjacent to that property. The location of 1-540 adjacent to the east property line prohibits connectivity to the west. Tree Preservation: A tree preservation waiver has been submitted and approved by the Urban Forester. Public Comment. Staff has received written correspondence from an adjacent property owner in the Pine Valley Subdivision that is concerned with development in the floodplain and the potential for flooding. Recommendation: Staff recommends approval of PPL 07-2534 with the following conditions: Conditions of Approval: 1. Planning Commission determination of street improvements. Staff recommends the construction of N. Shiloh Drive through Phase I with a hammerhead turn-around constructed at the terminus of the street. The street shall be constructed as a 30'street section with curb and gutter, storm drains and 5'sidewalks on both sides of the street. The sidewalk on the west side of the street shall connect to the existing sidewalk on Shiloh Drive. 9/13/17 SC: THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF THE RECOMMENDED STREET IMPROVEMENTS. 9/24/07 PC: THE PLANNING COMMISSION FOUND IN FAVOR OF THE RECOMMENDED STREET IMPROVEMENTS. 2. At the time of development, each lot will be reviewed for the Shiloh Drive bridge assessment area,based upon the traffic being generated. Because each property is located within the Design Overlay District, development of all lots shall be reviewed through the large scale development process. 3. Sidewalks along the Shiloh Drive shall be installed or guaranteed prior to recordation of the final plat. 4. Right-of-way dedication in the amount of 70' for N. Shiloh Drive shall be dedicated by the final plat. K:IRepor&20071PC ReportsI09-24-071PPL 07-2534(540 Flen).doc March 9,2009 Planning Commission ADM 09-3236 540 Flex Agenda Item 2 Page 5 of 10 5. Street lights shall be installed at all intersections and with a maximum separation of 300' prior to signing the final plat. 6. Future development of the property shall be limited to Lots I and 2. Phase 11 (Lot 3) shall not be developed until such time that infrastructure is extended through the property to serve future developments. 7. The hammerhead turn-around shall be located within a temporary access easement that shall be void after the extension of this street. 8. Commercial Design Standards,parking lot design, cross access between lots and to adjacent properties,landscaping requirements, curb-cut location, screening, etc. shall be evaluated at the time of development of each lot,be it a building permit or Large Scale Development. Location within the Design Overlay District requires large scale development review for any development. 9. The P.O.A. for the subdivision or owner of any detention pond lot shall be responsible for maintenance of any detention ponds that may be constructed. 10. As noted on the plat, development of the property and all future owners of the proposed lots shall comply with all conditions of the Bill of Assurance, which prohibit the use of the properties for; Use Unit 18, Gasoline Service Stations;Use Unit 22,Manufacturing; and Use Unit 27,Wholesale bulk petroleum storage facilities with underground storage tanks, or truck stops. 11. Label Phase II also as Lot 3 on the plat. Tree Preservation and Landscape Plan Conditions: 12. All landscape requirements,including but not limited to street trees,parking lot trees, screening, and detention pond plantings shall be required at the time of building permit/large scale development review. Trails Conditions: 13. As noted on the plat, a 25' trail and utility easement shall be platted along the eastern property line from the existing public right-of-way of Sycamore Avenue to the north property line. Standard Conditions of Approval: 14. Signs indicating the future extension of right-of-way shall be posted at the end of all street stub-outs prior to filing the final plat. 15. All street names and addresses shall be approved by the 911 coordinator. 16. Plat Review and Subdivision comments(to include written staff comments provided to K.IRepDris12007iPCReporis109-24-071PPL 07-2534(540R ).doc March 9,2009 Planning Commission ADM 09-3236 540 Flex Agenda Item 2 Page 6 of 10 the applicant or his representative, and all comments from utility representatives-AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications), 17. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading,drainage,water, sewer, fire protection, streets(public and private), sidewalks,parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 18. All overhead electric lines under 121(v shall be relocated underground. All proposed utilities shall be located underground. 19. Impact fees for fire,police,water, and sewer shall be paid in accordance with City ordinance. 20. Preliminary Plat approval shall be valid for one calendar year. Additional conditions: Planning Commission Action: Approved ❑ Denied ❑ Tabled Motion: Graves Second: Trumbo Vote: 7-0-1 (Approved on consent, Lack recused) Meeting Date: September 24,2007 X.IReports110071PC ReporiA09-24-071PPL 07-2534(540 Flex).doc March 9,2009 Planning Commission ADM 09-3236 540 Flex Agenda Item 2 Page 7 of 10 PPL07-2534 FLEX, LLC Close Up View FO rutin nR PoINT WEST Sr Tr X AMOR A, W, I Overview March 9,2009 0 75 150 300 450 600 Planning Commission Feet ADM 09-3236 540 Flex Aaenda Item 2 Page 8 of 10 PPL07-2534 FLEX, LLC One Mile View a F-0 'M( ' fi$F1 CPZD j ,p Y {u 4SDN'ST -'RSFt t '� .dr O}NWP RSF RSPA+ k" /RR G ,RV DR EORi OR Yi YS-A�yO.ORE LN � �� PRP?E P569 DR� 3o,�.��'' RSF-4 F61F A RSF-0 PRL ATE U21 DR Pt p� SlIAiL r RA w J} KNAAP ST fQ ¢. kN9PF S ZT e• A j RSF_ �ii �&,"4 u...u3 o € �,. NAPPY — - . 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'LPAEN CIR r QSAGESENR ✓. d a .�RSF-0u=.,zmnil �'os.F, ..ftSF-0 ' 41, xARDWEL4IN ._�.rt.._: Overview Legend Boundary `- "- Subject Property '`moi Planning Area ❑ PPL07-2534 Overlay District .f�Outside City Legend Hillside-Hilltop ON erlay District '--- 0 0.25 0.5 1 March 9,2009 M11/1 leS Planning Commissio ADM 09-3236 540 FI x Page 9 of 10 March 9,2009 Planning Commission ADM 09-3236 540 Flex Agenda Item 2 Page 10 of 10 Taye PC Meeting of March 9, 2009 ARKANSAS THE CITY OF FAYETTEVII LE,ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Matt Casey,Assistant City Engineer THRU: Jeremy Pate,Director of Current Planning DATE: March 2, 2009 RZN 09-3217: (WINKLER / SOUTH & COLLEGE STS., 524): Submitted by STEVE & MICHELE WINKLER for property located at 300 S. COLLEGE AVENUE AND 145 E. SOUTH STREET. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.25 acres. The request is to rezone the subject property to DG,Downtown General. Planner: Jesse Fulcher BACKGROUND: Property description and background: The subject property is located at the southeast corner of S. College Avenue and E. South Street,comprising Lot 2 Block 1 of the Combs Addition. The property is zoned NC,Neighborhood Conservation and is developed with two single-family dwellings. The subject property,along with the adjacent three lots also owned by the applicant,was discussed at length by the Planning Commission and City Council during the Walker Park Neighborhood Master Plan(WPNMP)zoning review. The WPNMP was comprised of approximately 300 acres,which the Planning Commission and City Council rezoned on July 15, 2008. At the request of the property owners at College and South, Steve and Michele Winkler,the Planning Commission forwarded the overall rezoning request to the City Council with a recommendation that the subject properties be zoned Downtown General. However, the City Council ultimately approved the Walker Park rezoning with the subject properties zoned Neighborhood Conservation. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North Residential DG, Downtown General; R-O, Residential Office South Residential NC,Neighborhood Conservation East Residential NC,Neighborhood Conservation West Residential DG,Downtown General;NC,Neighborhood Conservation Proposal: The applicant proposes to rezone Lot 2 of the Combs Addition,containing approximately 0.25 acres, from NC, Neighborhood Conservation to DG, Downtown General. The applicant originally requested a rezoning of the entire 0.63 acres,which encompasses the south side of South Street between S. College and S. Washington. However,staff has discussed different options with March 9,2009 Planning Commission RZN 09-3217 Winkler Agenda Item 3 Page 1 of 46 the applicant, and the request has been amended to only rezone the one lot adjacent to S. College Avenue, 0.25 acres, leaving the three parcels to the east as Neighborhood Conservation. INFRASTRUCTURE: Streets: The site has access to S. College Avenue and E. South Street. Street improvements will be evaluated at the time of development. Water: There is a 6"main along College Ave.,a 6"main along Washington Avenue and a 6" main along South Street. Water may need to be extended through the site at the time of development to provide domestic service and fire protection. Sewer: There is an 8"public main along College Ave.and a 6"main along Washington Ave. Sewer may need to be extended through the property at the time of development. The capacity of the existing main may need to be evaluated at the time of development. Fire: The subject property is located approximately a '/z mile from Fire Station #1. Response time to the property is approximately 3 minutes,which is acceptable,and above the City's goal of having the first unit on the scene within 6 minutes, 90%of the time, and the City's goal of assembling all responding units to the scene of a moderate risk assignment within 10 minutes, 90% of the time. There should be no adverse effects on call volume. Police: It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population density or create an undesirable increase in the load on police services. The rezoning will not create an appreciable increase in traffic danger and congestion. . RECOMMENDATION: Staff recommends approval of the requested rezoning to DG,Downtown General,based on the findings included as part of this report. t:. t; a. March 9,2009 Planning Commission RZN 09-3217 Winkler Agenda Item 3 Page 2 of 46 LAND USE PLAN: The Future Land Use Plan adopted as part of the City Plan 2025 designates this site City Neighborhood Area. Rezoning this property to Downtown General would be consistent with City Plan 2025 as well as consistent with the Walker Park Neighborhood Master Plan. Both adopted plans encourage denser and primarily residential land uses,and a diversity of housing types. Rezoning the subject property will allow for a more dense residential land use,with future potential for a low-intensity nonresidential use, all confined to a corner location that is bordered by a highly traveled collector street. Additionally,a change in zoning district at mid-block will create a gradual transition between land uses, rather than an abrupt change in mass and scale on either side of the street. 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: As noted herein, the proposed zoning is consistent with land use planning objectives, principles and policies and with land use and zoning plans. The subject property is within the Walker Park Neighborhood Master Plan,and is directly adjacent to property located within the Downtown Master Plan boundary. Rezoning the property to Downtown General would allow a variety of housing types, lot sizes and low intensity nonresidential.uses at this corner location; principles that are consistent with the existing and requested zoning districts, and with the Walker Park Neighborhood Plan. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Based on the applicant's submittal,the rezoning is justified and needed to allow redevelopment of the property for multi-family dwellings. The existing zoning district,Neighborhood Conservation,does not permit multi-family development by right,or by conditional use. The applicant's stated intent is to redevelop the property,which has been the case since before the property was rezoned from RMF-24 to Neighborhood Conservation in 2008. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The Fayetteville Police Department has reported that the proposed rezoning would not create or appreciably increase traffic danger and congestion in the area. The overall development area contains approximately 0.25 acres,which will limit the number of dwelling units that could be constructed on the property. This size of development, in staffs opinion, will not create or appreciably increase traffic danger and congestion. The property has access to S.College Avenue and South Street. Improvements to the surrounding streets, notably South Street,would be evaluated at the time of development. March 9,2009 Planning Commission RZN 09-3217 Winkler Agenda Item 3 Page 3 of 46 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 overall size of the property will limit the intensity and density of the development. Therefore the rezoning should not undesirably increase the load on public services including schools,water,and sewer facilities. Responses from public service providers are included herein. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating.circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A 161.23 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 dwellin s 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 Offices,studios and related services Unit24 Home occupations Unit 25 Professional services March 9,2009 Planning Commission RZN 09-3217 Winkler Agenda Item 3 Page 4 of 46 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 Family40 ft. Two Family50 ft. Three Famil 60 ft. (2) Lot area minimum.4,000 Sq.Ft. (E) Setback regulations. Front The principal fagade 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,facing street The principal fagade 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,internal, if 5 ft. adjoining a similar use unit. Side,internal,if 5 ft. adjoining a different use unit Rear,without easement 5 ft. or alley Rear,from center line 12 ft. of an easement or alley (F) Minimum buildable street frontage.40%of lot width. (G) Height regulations.Maximum height is 3 stories or 45 feet which ever is less. March 9,2009 Planning Commission RZN 09-3217 Winkler Agenda Item 3 Page 5 of 46 161.22 Downtown General. (A) Purpose.Downtown General is a flexible zone,and it is not limited to the concentrated mix ofuses found in the Downtown Core or Main Street/Center.Downtown General includes properties in the neighborhood that are not categorized as identifiable centers,yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes,rowhouses,apartments,and live/work units. Activities include a flexible and dynamic range ofuses,from public open spaces to less intense residential development and businesses.For the purposes of Chapter 96:Noise Control,the Downtown General district is a residential zone. (B) Uses. (1) Permitteduses. Unit I City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellmi s Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Offices,studios and related services Unit 13 Eating laces Unit 15 Neighborhood shopping oods Unit 24 Home occupations Unit 25 Professional offices 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 3 Public protection and utility facilities Unit 14 Hotel,motel and amusement services Unit 16 Shopping oods Unit 17 Trades and services Unit 19 Commercial recreation,small sites Unit 28 Center for collecting rec clable materials Unit 36 Wireless communication facilities Unit 40 Sidewalk Cafes (C) Density.None (D) Bulk and area regulations. (1) Lot width minimum. Dwellin all unit es) 18 ft. March 9,2009 Planning Commission RZN 09-3217 Winkler Agenda Item 3 Page 6 of 46 (2) Lot area minimum. None. (E) Setback regulations. Front The principal fagade 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,facing street The principal fagade 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,internal None Rear,without easement 5 ft. .. ._ or alley Rear,from center line 12 ft. of an easement or alle (F) Minimum buildable street frontage.50%of lot width. (G) Height regulations.Maximum height is 4 stories or 56 feet which ever is less. (H) Parking regulations. No parking lots are allowed to be located in the front or side build-to-zone facing apublic right of way. March 9,2009 Planning Commission RZN 09-3217 Winkler Agenda Item 3 Page 7 of 46 4 The City of Fayetteville Fire Department p 303 W. Center St. Fayetteville, AR. 72701 . Phone(479)575-8365 Fax(479)575-0471 To: Dara Sanders, Andrew Garner, Jeremy Pate, and Jesse Fulcher From: David Williams Date: March 2, 2009 Re: RZN 09-3217: (WINKLER / SOUTH &COLLEGE, 524 This development will be protected by Engine 1 & Ladder 1 located at 303 W. Center. It is .5 miles from the station with an anticipated response time of 3 minutes to the beginning of the development. The Fire Department does not anticipates any changes to our call volume or response . time for the rezoning of the project. If you have any questions please feel free to contact me. lnavid Wiffiams Fire Marshal Fayetteville Fire Department Honor, Commitment, Courage; March 9,2009 Our people make the difference! Planning Commission RZN 09-3217 Winkler Agenda Item 3 Page 8 of 46 Date 2/19/09 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 09-3217: (Winkler/South& College, 524): Submitted by Steve & Michelle Winkler for property located at 300 S. College Avenue and 145, 157, 173 and 184 E.. South Street 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 0.63 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, Captain William Brown Fayetteville Police Department March 9,2009 Planning Commission RZN 09-3217 Winkler Agenda Item 3 Page 9 of 46 RZN 09-3217: (WINKL—<:/SOUTH & COLLEGE, 524): Sub._ited by STEVE & MICHELE WINKLER for property located at 300 S. COLLEGE AVENUE AND 145, 157, 173, 184 E. SOUTH STREET. The property is zoned NC,NEIGHBORHOOD CONSERVATION and contains approximately 0.63 acres. The request is to rezone the subject property to DG, DOWNTOWN GENERAL. Planner: Jesse Fulcher Public water is available to the property. There is a 6"main along College Ave., a 6"main along Washington Avenue and a 6"main along South Street.. Water may need to be extended through the property at the time of development to provide domestic service and fire protection. Sanitary sewer is available to the site. There is an 8"public main along College Ave.,and a 6" main along Washington Ave. Sewer may need to be extended through the property at the time of development. The capacity of the existing main may need to be evaluated at the time of development. The site has access to College Ave., South Street and Washington Ave. Each Street is an older fully improved street. Improvements to adjacent streets will be evaluated with the project proposal. Standard improvements and requirements for drainage will be required for the development. This property is not affected by the 100-year floodplain. March 9,2009 Planning Commission RZN 09-3217 Winkler Agenda Item 3 Page 10 of 46 March 5, 2009 Re: Winkler Rezoning 09-3217 Please amend my rezoning request to remove Lots 1, 2 and 3 of the Elam Addition. The revised rezoning request will be to rezone Lot 2 Block 1 of the Combs Addition from NC,Neighborhood Conservation to DG, Downtown General, containing approximately 0.25 acres. Steve Winkler March 9,2009 Planning Commission RZN 09-3217 Winkler Agenda Item 3 Page 11 of 46 Rezoning Application Item 5 A written description of this request addressing the following items: a. Current ownership information and any proposed or pending property sales. This property is owned by Steve E. Winkler and Michele Allen Winkler,husband and wife. Purchased December 7, 1995; fee simple estate;warranty deed. Simmons First Bank is the mortgagee. There are no liens, county taxes are current. There are no proposed or pending sales of this property. b.Reason (need)for requesting the zoning change. We are requesting the zoning change in order to continue our long range effort to develop this property: (1)in a way that enhances and contributes to increased revitalization of the area. Since purchasing,we have renovated the existing structures bringing them in compliance with current building codes and maintained an attractive appearance. We feel our efforts to upgrade the area may inspire nearby owners to do likewise and will be reflected in increased desirability by potential residents, (2)by continuing to help provide adequate housing for low and middle income residents. We regard renovation of neglected property and new construction for use by low income residents to be a form community service. We have served scores of low income residents in our properties in south Fayetteville over the last fifteen years. (3).And, our efforts need to be maximally productive real estate investments. We do not finance our projects with help from government, church or chanty organizations. We are not a corporation nor do we work from grants. Simply put, our reason for requesting this change is to use private capital, free enterprise, and individual effort to help make a better Fayetteville. c. Statement of how the property will relate to surrounding properties in terms of land use,traffic,appearance,and signage. We assume"surrounding properties"here does not mean zoning districts, school or precinct districts, neighborhood organization districts or other administrative districts, but rather real estate that adjoins and can be seen from the subject property. Land use: The surrounding land use is older,detached one story single family homes and duplexes, some in good repair,most in a condition of deferred maintenance, several empty lots and lots with only storage buildings, low rise, concrete block, "box design" multi-family structures, all over 40 years old. The nearest building over one story high is the Federal Building, one block north. Traffic: The property is accessible from 5 street directions; College Ave,north and south, South St. east and west, S. Washington Ave south and alley 119 north. Appearance: . The area could be described as"depressed." See Land use. Signage: The only sign visible from the property is the"Happy Trails Motorcycle shop" on Huntsville Rd. to the east. Other nearby signage is the"Lowlife Tattoo'parlor two blocks west on Archibald Yell Ave. and a"Family Chiropractor"sign one block north on College Ave. March 9,2009 Planning Commission RZN 09-3217 Winkler Agenda Item 3 Page 12 of 46 The proposed use for this zoning change will offer a striking contrast to the existing surrounding property. The land use will reflect a traditional town form. The traffic increase will include more pedestrian and bicycle use. New signage will be a code compliant yard sign saying"Urban Studio Apartments"and an"Office" sign attached to the building. d. Availability of water and sewer(state size of fines). This information is available from the City Engineering Division. The GSI map shows an 8"sewer line with a manhole on S. College Ave. directly in front of the house at 300 S. College. There is a 6"sewer line with manhole on S. Washington Ave. directly east of the house at 189 E. South St. A 6"water main is located on 3 sides of the property, S. College Ave.,E. South St. and S. Washington Ave. Rezoning Application Item 6 The Planning Commission is required to make specific finding with regard to this application. The applicant shall provide written statement addressing the following: a. The degree to which the proposed zoning is consistent with land use planning objectives,principles,and policies and with land use and zoning plans. This project located on the proposed zoning is designed,planned and will be executed to be entirely— 100% consistent with land use planning objectives,principles, and policies of the "City Plan 2025 Goals. "Goal I We will make appropriate infill and revitalization our highest priorities. The existing structures on the property cannot feasibly be renovated again and will be razed leaving empty land with established utility infrastructure to accommodate the new construction. No new water, sewer, gas or electric service will be needed to revive this property. "Goal 2 We will discourage suburban sprawl. Every inner city housing choice helps discourage suburban sprawl. Additionally "workforce housing" located near downtown serves as an antidote to urban sprawl. "Goal 3 We will make traditional town form the standard. " This project will not only adhere to the principles of"traditional town form"but will serve as a model of intelligent"new urbanism"land use on a small scale: green, March 9,2009 Planning Commission RZIN 09-3217 Winkler Agenda Item 3 Page 13 of 46 affordable,practical and attractive. The Downtown General zone will allow the structure to be built close to the street allowing parking in the rear, emphasizing the pedestrian. The design will incorporate the architectural flexibility that allows future commercial and/or residential and mixed use and will utilize the"next home"concept that allows for future modifications to be made with minimal inconvenience and cost. The design and construction goal is to create a desirable form of higher density housing near the center of Fayetteville. "Goal 4 We will grow a livable transportation network. " Vehicle Connectivity: The east side of the subject property is located on S. Washington Ave.,the west side is located on S. College Ave. It is connected by E. South St.to Huntsville Rd, one block east; by East and West South St.to Archibald Yell Blvd.two blocks west and to Rock St one block north by Alley 119. Transit Connectivity: The property is a 10 minute walk to stops serviced by both Razorback Transit's Tan Route and Ozark Transit's Route 41. Alternative Transportation: The Frisco Trail, in Fayetteville's network of multi-use trails, is located about five blocks west. This project will be marketed to people who walk,bicycle and use mass transit. A bike parking/storage facility is included in the design. The location is a 10 minute walk to shops,restaurants, offices. "Goal S We will assemble an enduring green network. " The Urban Studio Apartments will be built utilizing the National Association of Home Builders(NAHB)guidelines. "Goal 6 We will create attainable housing. " Attainable or affordable housing that is located near employment centers as opposed to outlying suburbs is often referred to as workforce housing. The residential units planned for this new zone are designed and will be marketed to single working individuals. This is not student housing. The amount of monthly rent is consistent with numbers used by the Fayetteville Housing Authority income limit guidelines based on an area family of four household median income of $53,100. Based on criteria used by the U.S. Department of housing and Urban Development no more than 30% of household income should be allocated to housing. The units in Urban Studio Apartments will be from 30% - 50% of the median income. They will rent for from$310 to $515 per month March 9,2009 Planning Commission RZN 09-3217 Winkler Agenda Item 3 Page 14 of 46 b.Whether the proposed zoning is justified and/or needed at the time of the request. We feel this request is justified at this time not only because of our personal situation but because we think the current housing market with low interest and construction costs invites development. Considering the state of the economy,we don't think this is the time to build new single family housing,particularly at a location two blocks from the Square surrounded on three sides by a Downtown General zone. c. Whether the proposed zoning will create or appreciably increase traffic danger and congestion. The proposed zoning will not create or appreciably increase traffic danger or congestion anymore than the existing Downtown General zone to the north,east and west of the property currently does. For many years the intersection at College,Rock and Archibald Yell has been known to be dangerous. We support any action the City takes to solve the problem. The subject property however is not dependent on using that intersection any more that all north bound traffic from Archibald Blvd., S. College Ave, S. School St, Rock St.and Huntsville Rd. We decrease traffic danger by encouraging walking and providing amenities for bicycle users. d. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public services including schools,water, and sewer facilities. This proposed zoning will,of course,alter population density as all infill does. But it is done in a desirable way. The small scale of this project will not increase the load on public services such as schools, water and sewer facilities. e. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification. The existing Neighborhood Conversation zoning classification will not permit implementation of 2025 goals at this near-downtown location. March 9,2009 Planning Commission RZN 09-3217 Winkler Agenda Item 3 Page 15 of 46 A free enterprise project by Steve&Michele Winkler D/B/A Acme Properties,Fayetteville Arkansas Urban Studio Apartments Affordable, Green-Built Near-Downtown Fayetteville Living Urban Studio Apartments are for people who are making 50%-80%of area median income. There will be 12 apartments,including one on-site caretaker unit. They are "workforce housing"units,intended for people working in the downtown area. Features Located near the Square—close to restaurants, shops,offices, and entertainment Affordable-perfect for minimum wage earners working downtown. Approximently 400 square feet with kitchenette,bath, and open living area. Laundry,bike port; and pet friendly Modem cabinets and appliances Green Elements Cellulose insulation Triple pane, low-e argon windows High efficiency heat and cool system Energy star rated appliances and lighting Sustainable flooring Low-flow toilets and faucets Downtown location allows tenants to walk or bike to work and recreation which help to reduce carbon emissions. New downtown studio apartments with modest rent for lower-wage downtown workers are in the planning stages. Twelve energy-efficient Urban Studio Apartments at 300 South College are expected to attract young mobile residents who make less than the median income for the area. The new construction,New York-style,one-room,multi-facility Urban Studio Apartments combine a living room,bathroom,and kitchen into a single unit. A great downtown housing choice for single working people. March 9,2009 Planning Commission RZN 09-3217 Winkler Agenda Item 3 Page 16 of 46