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HomeMy WebLinkAboutOrdinance 5412 1111111 111111 iii 11111 iiCoo ii 11111�ii7TyPi 11111 11111 11111 11111 11111 i�- RE 1111 iii Klnd: ORDINANCE Recorded: 08/30/2011 at 11:04:12 AM Fee Amt: 525.00 Paae 1 of 3 Washington Countv. AR Bette stemas Ciroup Clerk FS1e2011-00017966 ORDINANCE NO. 5412 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3799, FOR APPROXIMATELY 1.43 ACRES, LOCATED AT THE CORNER OF MOUNT COMFORT ROAD AND OAKLAND AVENUE FROM RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE TO CS, COMMUNITY SERVICES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the zone classification of the following described property is hereby changed as follows: From RMF-24, Residential Multi-Family, 24 units per acre to CS, Community Services, as shown on Exhibits "A" and "B" attached hereto and made a part hereof. Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this 7h day of June, 2011. APPROVED: ATTEST: By: '! By: �itn c O ELD JO , Mayor SONDRA E. SMITH, City Clerk/Treasurer •FAYETTEVILLE, %9y9:S;kAt4 T014 EXHIBIT "A" RZN11-3799 OAKLAND COURTS Close Up View HOLLY S7 ' { til ,ei ., t kOLLYSF ;1 •� �.•.r II �•I + 5 SUBJECT PROPERTY - � u1' �}�� �, e•I HATEL SF r MOUNT OOM,c Oq _i r i l !.. I p 1�4f E IV44 4 PRIVATE 1150 I ° 'j �'4 IHUGHES ST L rto .. � � o a n dh?Itd.,. rails` l vFootprints 2010 Hillside-Hilltop Ovi Way District Design Overlay Di Mrict Design Overlay DI trict ------ Planning Area Fayetteville 0 75 150 000 450 600 Fael EXHIBIT `B" RZN 11-3799 SURVEY DESCRIPTION-NEW LOT 13 ALL OF LOTS 3, 4, 5, AND 6 OF BLOCK 16 OF THE CORRECTED PLAT OF SOUTH 680 FEET OF COLLEGE ADDITION RECORDED AS FILE#I-20 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS BEING ALSO DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE SAID LOT 6 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE S87°05'35"E, ALONG THE NORTH LINE OF THE ABOVE SAID LOT 6, A DISTANCE OF 140.00 FEET TO THE NORTHEAST CORNER OF THE ABOVE SAID LOT 6 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE S02054'25"W, ALONG THE EAST LINE OF THE ABOVE SAID LOTS 3, 4, 5, AND 6, A DISTANCE OF 200.00 FEET TO THE SOUTHEAST CORNER OF THE ABOVE SAID LOT 3 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE N87005'35"W, ALONG THE SOUTH LINE OF THE ABOVE SAID LOT 3, A DISTANCE OF 140.00 FEET TO THE SOUTHWEST CORNER OF THE ABOVE SAID LOT 3 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE NO2054'25"E, ALONG THE WEST LINE OF THE ABOVE SAID LOTS 3, 4, 5, AND 6, A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 28,000 SQUARE FEET OR 0.64 ACRES, MORE OR LESS. SURVEY DESCRIPTION - NEW LOT 12 ALL OF LOTS 7, 8, 9, 10, AND I 1 OF BLOCK 16 OF THE CORRECTED PLAT OF SOUTH 680 FEET OF COLLEGE ADDITION RECORDED AS FILE 41-20 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS BEING ALSO DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE SAID LOT 7 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE S87°05'35"E, ALONG THE NORTH LINE OF THE ABOVE SAID LOT 7, A DISTANCE OF 140.00 FEET TO THE NORTHEAST CORNER OF THE ABOVE SAID LOT 7 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE S02054'25"W, ALONG THE EAST LINE OF THE ABOVE SAID LOTS 7, 8, 9, 10, AND 11, A DISTANCE OF 270.80 FEET TO THE SOUTHEAST CORNER OF THE ABOVE SAID LOT I 1 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE N66°59'34"W, ALONG THE SOUTH LINE OF THE ABOVE SAID LOT 11, A DISTANCE OF 149.08 FEET TO THE SOUTHWEST CORNER OF THE ABOVE SAID LOT I 1 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE NO2°54'25"E,ALONG THE WEST LINE OF THE ABOVE SAID LOTS 7, 8, 9, 10, AND 11, A DISTANCE OF 219.57 FEET TO THE POINT OF BEGINNING AND CONTAINING 34,326 SQUARE FEET OR 0.79 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 06/30/2011 11:04:12 AM and recorded in Real Estate File Number 2011.00017966 Bette Sta s- it 't Clerk City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 6/7/2011 City Council Meeting Date Agenda Items Only Data Sanders Planning Development Services Submitted By Division Department Action Required: RZN 11-3799: (Corner of Mount Comfort and Oakland Avenue/Oakland Courts, 405): Submitted by Robert Sharp Architect, Inc. for property located at the corner of Mount Comfort and Oakland Avenue. The property is zoned RMF- 24, Residential Multi-Family, 24 Units per acre and contains approximately 1.43 acres. The request is to rezone the subject property to CS, Community Services. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached �I _0642*011 Previous Ordinance or Resolution# Department Di: r Date Original Contract Date: -' - 5- z-'f L Original Contract Number: City Attorney Date A)«A Finance and Internal Services Director Date Received in City Clerk's Office Chief of Staff Date Received in _ Mayor's Office ay D to Comments RP.viFP.d.lanuary 15 700Ei Ta �/TeqL—ville THE CITY OF FAYETTEVILLE,ARKANSAS 1DEPARTMENT CORRESPONDENCE NSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Directj From: Dara Sanders, Current Planner Date: May 11, 2011 Subject: RZN II-3799 (Oakland Courts) RECOMMENDATION Planning Commission and staff recommend approval of an ordinance to rezone the subject property from RMF- 24, Residential Multi-family 24 dwelling units/acre, to CS, Community Services. BACKGROUND The project boundary contains approximately 1.43 acres and is made up of seven undeveloped lots bounded by Mount Comfort, Oakland Avenue, Hazel Street, and Storer Avenue. This site is located north of North Street and the University of Arkansas and is located near several existing bus stops. The request is to rezone the property from RMF- 24, Residential Multi-family 24 dwelling units/acre, to CS, Community Services. The applicant has stated that the intent is to develop the subject property for multi-family residences along Oakland Avenue, Hazel Street, and Storer Avenue and for nonresidential uses along Mount Comfort Road, which is accessed directly from North Street. DISCUSSION On May 2, 2011 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 9-0-0. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3799, FOR APPROXIMATELY 1.43 ACRES, LOCATED AT THE CORNER OF MOUNT COMFORT ROAD AND OAKLAND AVENUE FROM RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE TO CS, COMMUNITY SERVICES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the zone classification of the following described property is hereby changed as follows: From RMF-24, Residential Multi-Family, 24 units per acre to CS, Community Services, as shown on Exhibits "A" and `B" attached hereto and made a part hereof. Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this day of 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN11-3799 OAKLAND COURTS close Up view HOLLY ST - {� a ' fldl 44 fill HOLLY ST 14 0 SUBJECT PROPERTY c.I 6rpVN oz HAZEL ST T� M�rRD PRIVATE IT50 w zi0 z 0 a HUGHES ST '¢ 0 0.D L0 Ahill. w � � w IV11-379 �� Mutl-Use Trail(EA9 0 Future Trails ,,Footprints 2010 - Hillside-Hilltop Ovi irlay District Design Overlay Di trict Design Overlay Di lrict ------ Planning Area Fayetteville ° 15 150 30 450 Wo r�„I EXHIBIT "B" RZN 11-3799 SURVEY DESCRIPTION- NEW LOT 13 ALL OF LOTS 3, 4, 5, AND 6 OF BLOCK 16 OF THE CORRECTED PLAT OF SOUTH 680 FEET OF COLLEGE ADDITION RECORDED AS FILE#1-20 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY,ARKANSAS BEING ALSO DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE SAID LOT 6 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE S87°05'35"E, ALONG THE NORTH LINE OF THE ABOVE SAID LOT 6, A DISTANCE OF 140.00 FEET TO THE NORTHEAST CORNER OF THE ABOVE SAID LOT 6 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE S02°54'25"W, ALONG THE EAST LINE OF THE ABOVE SAID LOTS 3,4, 5, AND 6,A DISTANCE OF 200.00 FEET TO THE SOUTHEAST CORNER OF THE ABOVE SAID LOT 3 BEING A SET 5/8" REBAR W/CAP(PS 1496); THENCE N87'05'35"W, ALONG THE SOUTH LINE OF THE ABOVE SAID LOT 3, A DISTANCE OF 140.00 FEET TO THE SOUTHWEST CORNER OF THE ABOVE SAID LOT 3 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE NO2°54'25"E, ALONG THE WEST LINE OF THE ABOVE SAID LOTS 3,4, 5, AND 6,A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 28,000 SQUARE FEET OR 0.64 ACRES, MORE OR LESS. SURVEY DESCRIPTION -NEW LOT 12 ALL OF LOTS 7, 8, 9, 10, AND 1 I OF BLOCK 16 OF THE CORRECTED PLAT OF SOUTH 680 FEET OF COLLEGE ADDITION RECORDED AS FILE #1-20 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS BEING ALSO DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE SAID LOT 7 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE S87°05'35"E,ALONG THE NORTH LINE OF THE ABOVE SAID LOT 7, A DISTANCE OF 140.00 FEET TO THE NORTHEAST CORNER OF THE ABOVE SAID LOT 7 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE S02°54'25"W, ALONG THE EAST LINE OF THE ABOVE SAID LOTS 7, 8, 9, 10, AND 11, A DISTANCE OF 270.80 FEET TO THE SOUTHEAST CORNER OF THE ABOVE SAID LOT 11 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE N66°59'34"W,ALONG THE SOUTH LINE OF THE ABOVE SAID LOT 11, A DISTANCE OF 149.08 FEET TO THE SOUTHWEST CORNER OF THE ABOVE SAID LOT I I BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE NO2°54'25"E, ALONG THE WEST LINE OF THE ABOVE SAID LOTS 7, 8, 9, 10, AND 11, A DISTANCE OF 219.57 FEET TO THE POINT OF BEGINNING AND CONTAINING 34,326 SQUARE FEET OR 0.79 ACRES, MORE OR LESS. TayMefille PC Nifee ing of Apfil 25 2011 RKANSAS Rescheduled PC Meeting of May 2, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: A par S, 2414 Updated May 11, 2011 RZN 11-3799: Rezone (CORNER OF MT. COMFORT RD. & OAKLAND AVE./OAKLAND COURTS,405): Submitted by ROBERT SHARP ARCHITECT,INC. for property located at the comer of MOUNT COMFORT ROAD AND OAKLAND AVENUE. The property is zoned RMF-24,RESIDENTIAL MULTI-FAMILY, 24 UNITS/ACRE and contains approximately 1.43 acres. The request is to rezone the subject property to CS, COMMUNITY SERVICES. Planner: Dara Sanders BACKGROUND: Property Description and History: The project boundary contains approximately 1.43 acres and is made up of seven undeveloped lots bounded by Mount Comfort,Oakland Avenue,Hazel Street,and Storer Avenue. This site is located north of North Street and the University of Arkansas and is located near several existing bus stops. The properties to the north and south are primarily multi- family residences with nonresidential services to the east and west. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning from Site Single- and Multi-family residences RMF-24,Residential Multi-family,24 units/acre North RMF-40,Residential Multi-family,40 units/acre Single-and Multi- family residences RMF-40,Residential Multi-family, 40 units/acre South R-O, Residential Office Single-and Multi-family residences RMF-24,Residential Multi-family, 24 units/acre Retail, eating places, office, and C-2, Thoroughfare Commercial West gasoline stations Single-and Multi- family residences RMF-24,Residential Multi-family, 24 units/acre East Offices and the St. James Church R-O, Residential Office Proposal: The request is to rezone the property from RMF- 24, Residential Multi-family 24 dwelling units/acre,to CS, Community Services.The applicant has stated that the intent is to develop the subject property for multi-family residences along Oakland Avenue, Hazel Street, and Storer Avenue and for nonresidential uses along Mount Comfort Road, which is accessed directly from North Street. Public Comment• Staff has not received public comment. RECOMMENDATION: Staff recommends forwarding RZN 11-3799 to the City Council with a recommendation for approval based on findings stated herein. PLANNING COMMISSION ACTION: Required YES Date: May 2,2011 ❑Tabled ❑ Forwarded ❑Denied Motion: Kennedy Second: Winston Vote: 9-0-0 CITY COUNCIL ACTION: Required YES ❑ Approved ❑ Denied Date: INFRASTRUCTURE: Streets: The site has access to Mt. Comfort Road, Oakland Avenue, Hazel Street, and Storer Avenue. Mount Comfort Road is an improved two lane city street in this location; however, Oakland Avenue,Hazel Street, and Storer Avenue are unimproved paved two-lane city streets along this property frontage. Street improvements will be evaluated at the time of development submittal. Water: Public water is available to the property. There is 1" water main on the east side of Oakland Avenue, a 1"main on the south side of Hazel Street, and a 1.25" main on the west side of Storer Avenue. Public water main improvements may need to be extended to the property to provide domestic and fire flow for any proposed development. Sewer: Sanitary sewer is available to the site. There is a 6" public main located along the west side of Oakland Avenue and along the west side if Storer avenue. Public sewer improvements will be evaluated at the time of development submittal. Drainage: Standard improvements and requirements for drainage will be evaluated at the time of development. This property is not affected by the 100-year floodplain and the Streamside Protection Zones. Police: The Fayetteville Police Department does to find that this request will cause a substantial call volume increases or traffic danger and congestion problems. Fire: The Fayetteville Fire Department has not expressed concerns with this request. CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates this site as City Neighborhood Area. 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: The City of Fayetteville's planning principles encourage the creation of identifiable and self-sustaining neighborhoods that vary in location-specific intensity and contain an appropriate mixture of uses that offer services within walking distance and are adaptable to change over time.The subject property is designated as "City Neighborhood Area",which encourages complete,compact, and connected neighborhoods with a dense and primarily residential urban fabric and a mixture of low-intensity nonresidential uses that are usually confined to corner locations. The guiding policies in this land use designation are to provide a mixture of uses to serve the surrounding residences,to utilize principles of traditional residential urban design, and to develop strategies to encourage density sufficient to support public transit, and to encourage pedestrian-friendly buildings that address the street. The undeveloped site is located in a neighborhood that was platted in 1928 to be a dense and connected neighborhood with narrow lots and alley access. However, the majority of this neighborhood was developed for multi-family apartment buildings and complexes in the 1950s and 1980s, according to Washington County property information,and the surrounding nonresidential services are located primarily within conventional developments in the strip commercial form.While redevelopment and infill is highly likely in this area in the near future, the bulk and area requirements of the existing underlying zoning districts may not be appropriate to achieve the desired form associated with the City Neighborhood Area land use designation. Staff finds that the request to rezone the subject property to CS, Community Services is consistent with the stated principles and policies, as well as several goals of City Plan 2025, as the associated regulations encourage a density sufficient to support public transit and requires traditional urban design.The subject property is a desirable location to encourage infill development,and the CS zoning district will allow for a mixture of uses and require pedestrian- friendly building form and design. While the CS zoning district does permit some uses that could be incompatible with the residences to the north of the property,such as retail establishments of up to 25,000 square feet,gasoline service stations and drive through restaurants, staff finds that the likelihood of development the site for such uses is low, as the surrounding underutilized commercial properties to the west lend themselves much more convenient for such uses due to visibility, access, and existing utilities. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the applicant's rezoning request for the subject property is not needed at this time, as the subject property could be developed under the existing RMF-24 zoning district. This district has been modified recently from to require an urban form with a build -to zone and minimum buildable street frontage percentage of 50% instead of the previous conventional setback requirement. With the addition of Use Unit 12, Limited Business, permitted by Planning Commission approval of a conditional use permit, the RMF-24 zoning district has the potential to allow for some nonresidential services subject to strict square footage limitations and use conditions. However, staff does find that the rezoning request is justified. The CS zoning district would allow for a mixture of uses, including nonresidential uses that would be subject to higher design standards, and requires a higher minimum buildable street frontage percentage than the RMF-24 district. The CS zoning is more consistent with the goals and objects of City Plan 2025 to encourage efficient land use and traditional town form than the underlying single -use RMF-24 zoning district. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: It is expected that a rezoning from RMF-24 to CS will create an increase in traffic resulting from the nonresidential uses; however, the subject property is undeveloped, and any development would subsequently increase traffic at this location. The site is accessed by four adjacent public streets, which can be accessed by North Street, Mount Comfort Road, and Leverett Avenue. The site also contains existing alley right-of-way that has the potential to serve as access to all new development, resulting in fewer curb cuts onto the surrounding local streets. 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: Increased load on public services were taken into consideration and recommendations from the Engineering, Fire, and Police Departments are included in this report. The proposed zoning would not adversely affect public services. 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 161.14 District RMF-24, Residential Multi -Family — Twenty -Four Units Per Acre (A) Purpose. The RMF-24 Multi -family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi -family dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protedon and utlLItLfacillties Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12 Limited business Unit 25 Professional offices Unit 24 Home occupations Unit 36 1 Wireless communications facilities (C) Density. Units per acre 24 or less (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lot within a Manufactured home park 50 ft. Single-family 60 ft. Two-family 60 ft. Three or more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a mobile home ark 4,200 s . ft. Townhouses: Development Individual lot 10.000 sq. ft, 2.500 s . ft. Single-family 6,000 s . ft. Two-family 7,000 s . ft. Three or more 9.000 s . ft. Fraterni or Sorori 2 acres Professional offices 1 acres (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Apartments: No bedroom 1.700 sq. ft. One bedroom 1,700 sq. ft. Two bedroom 2.000 sq. ft. Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear The principal B ft. 25 ft, facade of a building shall be built within a build -to zone that is located between 10 feet and a line 25 at from the front property line. HHOD Front HHOD Side HHOD Rear 15 ft. Eft. 15 ft. Cross reference(s)--Variance, Ch. 156. (F) Building height regulations. 11 Building Height Maximum 1 60ft. Height regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary line of an adjacent single family district, an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area. None. (H) Minimum buildable street frontage. 50% of the lot width. 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 ofresidential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes ofChapter 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 7 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 laces 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 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping oods 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. (1) Lot width minimum. Dwelling 18 ft. All others None (2) Lot area minimum. None (E) Setback regulations From: Side and rear: Side or rear, when contiguous to a residential district: The principal fagade 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. None 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. April 19, 2011 Jeremy Pate Development Services Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, This document is in response to the request comments on the proposed RZN 1I- 3799: Rezone (CORNER OF MT. COMFORT RD. & OAKLAND AVE./OAKLAND COURTS, 405): Submitted by ROBERT SHARP ARCHITECT, INC. for property located at the corner of MOUNT COMFORT ROAD AND OAKLAND AVENUE. I do not believe the rezoning of this property will cause any substantial call volume or traffic congestion problems. I would have some traffic safety concern should future ingress or egress be placed on to Mount Comfort Road from this property. Sincerely, Captain William Brown Fayetteville Police Department March 16, 2011 Jeremy Pate, Director of Development Services City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas Via Hand Delivery RE: OAKLAND COURTS, PROPOSED REZONING Dear Mr. Pate, IR E G I J471.442-0229 0 ROBERT SHA 575 SOUTH SC220 FAYETT E V I L PHONE: PAX: 4 I am writing to you to request a rezoning of property owned by Terry Turpin of St. George Landholdings LLC at the corners of Mount Comfort Road, Oakland Avenue, Hazel Street, and Storer Avenue. a. Current Ownership Information: The property includes 1.43 acres more or less. The property is bisected by a public alley. The property is currently zoned RMF 24 and we are requesting a rezoning to Community Services. The current property owner is contemplating a sale of the property to Brandon Rains of B R Management Services. Mr. Rains would construct new buildings and manage them. He has hired Robert Sharp Architect and H2 Engineering for this task. b. Reason for the Rezoning Request: This property is an ideal candidate for Fayetteville's form based zoning category. The fort based code allows a mix of uses, such as retail and residential. The form based code is concerned with creating the public realm by placing buildings along a build -to line across the street frontage to provide a vibrant and continuous pedestrian experience. It is notable that Dover Kohl and Partners selected this area of Fayetteville to illustrate a mid -rise mixed use development in the Fayetteville 2025 Plan. Their reasons for focusing on this area were to take advantage of proximity to the University of Arkansas, the existing rail road corridor (which may become a transit corridor in the future) and the adjacency to North Street an east/west principal arterial street and its proximity to Garland Avenue a major north/south principal arterial. The Future Land Use Map indicates that this area should be "City Neighborhood", a land use that encourages "denser and primarily residential fabric... mixed and low intensity nonresidential uses are usually confined to comer locations." Another compelling reason for a rezoning of this property is its proximity to the Scull Creek Trail, Fayetteville's primary multi -use trail and the backbone of the alternative transportation system. A rezoning to Community Services will allow a collection of three story buildings on this site with commercial frontage along Mount Comfort Road and Multi -Family Residential frontages along Oakland, Hazel, and Storer. The form based code carries with it architectural standards as described in UDC 166.24 to encourage quality construction and pedestrian amenities; a feature that the existing RMF 24 zoning does not include. A building on this site could be a visible and prominent addition to the North Street corridor, an area that is badly in need of quality redevelopment. Oakland Courts Rezoning Request page 1 c. Relation of Proposed Rezoning to Adjacent Properties: Land Use Compatibility: The Community Services zoning category allows the development of this property in a way that is respectful of the existing uses and zoning in the neighborhood and immediate context. The property is currently bordered by property that is zoned RO, RMF24, RMF40, and Cl. Clearly, this is a diverse area that is zoned for a fairly high level of development intensity. The Community Services zoning category allows the uses of retail, office, and multi -family uses so that a building can be built that complements the existing development pattern. Height limit in RMF24 is 60' as opposed to a height limit in Community Services of 56'. The buildings we are contemplating will be three stories in height, which would be allowed under either RMF24 or Community Services. Height limit for Cl is unlimited; for RO is 60' and for RMF 40 is 60'. Community Services seems to be consistent in scale and massing with the existing adjacent zoning categories. Appearance: The appearance of the proposed buildings will be superior to the existing built fabric. Attention will be paid to the use of authentic materials, good proportions, natural light, and the creation of well landscaped courtyards. Parking will be concealed in the middle of the block. Most of the existing surrounding buildings are fairly dated and of generally low quality. This building could spur redevelopment, renovation, and increased property values in the immediate area. Signage will meet the standards of Fayetteville's Sign Ordinance and will not be oversized or out of character with the neighboring uses. Signage will be submitted for approval during development review. PROPOSED FA4ADE DESIGN, OAKLAND COURTS Traffic: Traffic patterns for the area will be consistent with the current RMF zoning. Under the current zoning, 145 bedrooms could be constructed (1.43 acres x 24 units/acre x 3 bedrooms/unit = 145 bedrooms). Our intention is to construct approximately 62 units, 30 of which will be two bedroom units and the remainder one bedroom units for a total of 92 bedrooms. We also plan on building 3,000 sq ft of retail and office space. The automotive traffic impact of 92 bedrooms and 3,000 sq ft of commercial space would be similar to, or less than, the current zoning capacity. Oakland Courts Rezoning Request page 2 Also, the mixed use nature of the proposed uses spreads the automotive traffic loads out, rather than concentrating them at certain times of day. Perhaps most importantly, the location of transit stops and the Scull Creek Trail allows a good percentage of traffic to and from the site to be in the form of transit, pedestrian, and bicycle traffic modes. For those that do use automotive transportation, the proximity of major east/west and north/south corridors allow traffic flow without overloading residential and local streets. d. Availability of Water and Sewer: Currently, water and sanitary sewer lines serve the property on Storer Avenue and Oakland Avenue. Based upon GIS data, the water line on Storer Avenue is a 6" line; the water line on Oakland Avenue is a 6" line. The sanitary sewer line on Storer is a 6" line; the sanitary sewer line along Oakland is a 6" line. We have had initial meetings with the City of Fayetteville regarding the capacity of both the water and sanitary sewer lines. H2 Engineering is currently performing a sewer capacity analysis to determine how to handle the sewer service requirements of the proposed project. If necessary, water and sewer service lines will be replaced or supplemented as required to serve the domestic and life -safety needs of the project. e. Consistency with City of Fayetteville Objectives: As mentioned previously, the request to rezone to Community Services is entirely consistent with the City of Fayetteville's objectives, policies, and principles. The document that spells out these policies in the most detail is Fayetteville's City Plan 2025, which was adopted unanimously by the City Council in July of 2006. That document declares in Goal 1 that "Appropriate Infill and Revitalization" are our highest priority. This rezoning helps the city to meet that goal by allowing mixed -use buildings built to the standards of a form -based zoning category on this property. The following illustrations prepared by Dover Kohl and Partners demonstrate the character possible when form based codes are combined with proper site planning and architectural design standards. V PROPOSED DESIGN, NORTH AND LAFAYETTE, DOVER KOHL & PARTNERS, CITY PLAN 20205 Oakland Courts Rezoning Request page 3 PROPOSED DESIGN, NORTH AND LAFAYETTE, DOVER KOHL & PARTNERS, CITY PLAN 20205 f. Justification and Timing of the Rezoning Request: The timing and justification of the rezoning is appropriate. The current property owner has a willing buyer that feels that the current zoning does not support his business goals for the project. g. Traffic Danger and Congestion: As discussed previously, the traffic impact is virtually the same whether the property is developed as an RMF24 three bedroom project or a Community Service one and two bedroom project. This site is well served by North Street (a principal arterial), Garland Avenue (a principal arterial), and Leverett Avenue (a collector), so the traffic impact will be negligible relative to the existing traffic counts along these major thoroughfares. As mentioned previously, introducing a certain amount of retail and office use at this site will reduce the amount of travel from purely residential areas by locating services within the neighborhood. h. Population Density: The population density will be the same under the proposed zoning of the Community Services and the existing density of RMF 24. Changing the zoning will not add residents nor will it increase impact on water, sewer, or schools. Impracticality of the Existing Zoning: The existing zoning does not allow mixed use, nor does it encourage a built form that enhances the pedestrian experience. The Community Services zoning category is a more practical fit for the property. Also, RMF24 zoning has the effect of encouraging the development of three and four bedroom apartments should the developer choose to maximize the capacity of the site. Three and four bedroom apartments skew strongly towards a student population, with its attendant noise, litter, and late night characteristics. Please contact me if you have any questions regarding this proposed rezoning at 479.442.0229 or via e- mail at rob@sharparch.net. I look forward to the opportunity of discussing this proposal in greater detail. Sincerely, 12�4 V Robert Sharp Robert Sharp, Architect, Inc. cc: File Oakland Coups Rezoning Request page 4 RZN 11-37991 OAKLAND COURTS Close Up View HOLLY ST w j s RMF.t1 HOLLY ST i O SUBJECT PROPERTY MpLHr C3 HAZEL ST T Ro ? 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RD ■ 4�C z • RSL< MARKHAMR 1'. as � o.'MbC 1R�y� $lfjTON edT ALLEY f:^ I 11 - T a Ra>:-L R ST 1m3 I- � !i� 'Srasaa Overview Legend RZ 11-3799 Subject Property RZN11-3799 Desi n Overlay District Boundary Plan iing Area _,"' Fay tteville 0 0.25 0.5 1 Miles NORTHWEST ARKANSAS NEWSPAPERS= Northwest Arkansas Democrat Gazette The Morning News of Springdale The Morning News of Rogers Northwest Arkansas Times Benton County Daily Record 212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest Arkansas Newspapers LLC. Printed and published in Washington & Benton County, (Lowell), Arkansas and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville- Ordinance 5412 Published June 16, 2011 Publication Charge : $ 77.82 Signed: � (X Subscribed and sworn to before me This ;4day of Valet , 2011. Notary Public My Commission Expires: Oaolo Do not pay from Affidavit, an invoice will be sent Jtu uta i� ? No< ry �sas i �„ Igr 20.202n.