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HomeMy WebLinkAboutOrdinance 5418 Doc ID: 014137780005 Type: REL Kind: ORDINANCE Recorded: 08/02/2011 at 12:09:48 PM Fee Amt: $35.00 Pace 1 of 5 Washington County. AR Bette Stamps Circuit Clerk File2011-00021543 ORDINANCE NO. 5418 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3824 (SUMMIT PLACE), FOR APPROXIMATELY 30.13 ACRES, LOCATED EAST OF THE INTERSECTION OF COLLEGE AND TOWNSHIP AVENUES FROM RSF-4, RESIDENTIAL SINGLE FAMILY FOUR UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION SUBJECT TO A BILL OF ASSURANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from RSF-4, Residential Single Family Four Units Per Acre to NC, Neighborhood Conservation, as shown on Exhibits "A" and `B" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section I. Section 3: That this property is subject to a Bill of Assurance offered by the property owner and runs with the land,which limits the use of the property to exclude duplexes and multi- family dwellings and the number of single family lots to 125 as shown in Exhibit "C" attached hereto and made a part thereof. PASSED and APPROVED this 5th day of July, 2011. APPROVED: ATTEST: By: By: KONELD JO , Mayor SONDRA E. SMITH, City Cler read,,, bly =U• FAYETTEVILLE° • os ,�+ys.9RKArsSP J�� EXHIBIT "N' RZN11-3824 SUMMIT PLACE Close Up View CA - -- J 3 RMF J I 1 1 SUBJECT Ph'OPEI�TY Y I � > C4T DR I} i. PEEL ST J Ci - LMNDY FALL ST z 3 ¢ rc = a r.•..r rnS.•r na.n.r.a••.rn ly � m --- Y OVERCRESTST !i rc G a: 7. z ZFiz W= N yL ELMST= < m� a- z u. '�J w• i �$Fi ELM ST Legend > - -- r Mufti-U ,Trail utrn a rails WINBAUGH LN � RZN1 -3824-777 Footprints 2010 _ Hillside-Hilltop Overlay District Design Overlay Di rtrict Design Overlay Di Arict ------ Planning Area 0 200 400 600 1,200 1,600 Fayetteville Fee, EXHIBIT `B" RZN 11-3824 Lots 1 through 31 and Lots 33 through 54, Final Plat of Summit Place Subdivision, Fayetteville, Arkansas as per the final plat on file in plat book 23A at page 321 of the records of the Circuit Clerk and Ex-Officio of Washington County,Arkansas. Subject to covenants, casements, and right-of-ways of record. EXHIBIT "C" BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE,ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") �.� Inne�en,�• -rte hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce ally and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs,assigns,or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas, The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to l hp_ A4 cyd / , —Or 2. Other restrictions including number and type of structures upon the property are limited to_ 02 P3` q/ — 3. Specific activities will not be allowed upon petitioner's property include 4. (Any other terms or conditions) 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WI VESS WHF.E EOF and in agreement with all the terms and conditions stated above, I, ras the owner, developer or buyer (Petitioner}voluntarily offer all Ach assurances and sign my name below. -� �.df6C— dyl Date Printed Name Addres�y., igna NOTARY OATH STATE OF ARKANSAS } } .ss COUNTY OF WASHINGTON } And now on this the day of NA d-1 20K appeared before me, 1 �b � _ i-„�. a Notary Public, and a$being a ng pb laced upon his/her oath swore or affirmed�he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. ._ NOTA UBL� My Commission Expires: �} ,�tt1N11ttt���i Z a n N&rA a r �$ y2f y =� Washington County,AR I certify this instrument was filed on 08/02/2011 12:09:48 PM and recorded in Real Estate File Number 2011-00021543 Bette Stamps.Circuit Clerk 9�v City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 7/5/2011 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: RZN 11-3824: Rezone (EAST OF INTERSECTION OF COLLEGE AND TOWNSHIP/SUMMIT PLACE, 329): Submitted by TMS DEVELOPEMENT for property located east of intersection of COLLEGE AND TOWNSHIP AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE and contains approximately 30.13 acres. The request is to rezone the subject property to NC, NEIGHBORHOOD CONSERVATION. Cost of this request Category f 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 �b06 Previous Ordinance or Resolution# Dent - ctor Date ' Original Contract Date: �'ti't _ _ ��" �. • 201k Original Contract Number: City Attorney Date �Te c" - 6-ao -zctl Finance and Internal Services Director Date Received in City Clerk's Office � �dll Ch o St Date Received in Mayor's Office o 1 M or Da e Comments: Revised January 15,2009 dv ayeeTHECITYOFFoY"' VILLE,ARKANSAS DEPARTMENTS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr,Chief of Staff Jeremy Pate, Development Services Director From: Andrew Garner, Senior Planner Date: June 17,2011 Subject: RZN 11-3824 (Summit Place) RECOMMENDATION Planning Commission and staff recommend approval of an ordinance to rezone the subject property from RSF-4, Residential Single Family Four Units Per Acre to NC, Neighborhood Conservation subject to a Bill of Assurance that would not permit duplexes or multi-family dwellings and would limit the total number of single family lots to 125, a gross density of four units per acre. BACKGROUND The property is zoned Residential Single-Family Four Units Per Acre (RSF-4), and contains 30.13 acres located approximately 500 feet east of College Avenue on the south side of Township Street. The site is within the Hillside Hilltop Overlay District(HHOD), is heavily wooded and contains significant topography change.The site transitions from 1,310 feet above mean sea level (AMSL) in the northwest corner to a hilltop located at 1,500 feet AMSL in the southeast corner of the site, an elevation change of approximately 200 feet. Slopes vary in percent gradient from 10%to greater than 20%. The final plat for the Summit Place Subdivision was filed of record on January 22, 2008. This final plat created 50 single family lots, a density much less than allowed under the current zoning. Access is only currently available from Township Street, though a street stub-out has been constructed to eventually connect further to the south. The request is to rezone the property from RSF-4, Residential Single Family Four Units per Acre, to NC, Neighborhood Conservation.The applicant has offered a Bill of Assurance that would not permit duplexes or multi-family residences and a limit of 125 single family lots, a gross density of four units per acre. The applicant has stated that the intent is to re-plat the Summit Place subdivision for smaller single family lots than permitted by the underlying RSF-4 zoning district, but maintaining the same relative density as RSF-4 permits. DISCUSSION On June 13, 2011 the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 6-0-0. At the Planning Commission meeting four property owners in the vicinity objected to the proposed rezoning discussing concerns with traffic, erosion, and compatibility with surrounding neighborhoods. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3824 (SUMMIT PLACE), FOR APPROXIMATELY 30.13 ACRES, LOCATED EAST OF THE INTERSECTION OF COLLEGE AND TOWNSHIP AVENUES FROM RSF-4, RESIDENTIAL SINGLE FAMILY FOUR UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION SUBJECT TO A BILL OF ASSURANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from RSF-4, Residential Single Family Four Units Per Acre to NC, Neighborhood Conservation, as shown on Exhibits "A" and "B" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1, Section 3: That this property is subject to a Bill of Assurance offered by the property owner and runs with the land, which limits the use of the property to exclude duplexes and multi- family dwellings and the number of single family lots to 125 as shown in Exhibit "C" attached hereto and made a part thereof. PASSED and APPROVED this day of 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "N' RZN11-3824 SUMMIT PLACE Close Up Wow 61 — ��k1N8EUf16E4Fk=."— I � � I IL SUBJECT PROPERTY I �• Y I i IJ - _'- N • I .� ' it .,y - CaT DR 1 I 11 PEEL ST � I - I Z � � o -�' WINDY HILL ST p I S 61 rc = Q •.n r.n n\I�.H�u q.ru nano m i OVERCRESTST a' co, ELM sT ur d� !1,18F�f - - ELM ST Legend -......-i. IVIuNW Trall 10,# sfiirig) A -� WINBAVGH LN ._1 tore rails ® RZN1 -3824 ,,,Footprints 2010 - Hillside-Hilltop Overlay District Design Overlay Di Arict Design Overlay Di itrict ------ Planning Area 0 200 400 S00 1.200 1,600 Fayetteville r"l EXHIBIT"B" RZN 11-3824 Lots 1 through 31 and Lots 33 through 54, Final Plat of Summit Place Subdivision, Fayetteville, Arkansas as per the final plat on file in plat book 23A at page 321 of the records or the Circuit Clerk and Ex-Officio of Washington County, Arkansas. Subject to covenants, easements, and right-of-ways of record. EXHIBIT "C" BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE,ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or bu er of this property, (hereinafter "Petitioner") -77- _,Qay hereby voluntarily offers this Bill of Assurance and enters MO this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns,or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to i f _ Lx tJcS�-n — 2. Other restrictions including number and type of structures upon the property are limited to �2 rj- - ' ,JjQ(Q-ddto�lr4P 3, Specific activities will not be allowed upon petitioner's property include 4. (Any other terms or conditions) 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHE4EOF and in agreement with all the terms and conditions stated above, I, Cp _ as the owner, developer or buyer (Petitioner) voluntarily offer all vkh assurances and sign my name below. Date Printed Name P.o Sax 4120 Addres DO ignn NOTARY OATH STATE OF ARKANSAS } } ,9S COUNTY OF WASHINGTON } And now on this the day of ✓4 a.,d 2064, appeared before me, bL� , a Notary Public, and after being placed laced upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. My Commission Expires' I&uri. 7 D V 5 NOTA PUBLIC �x Ire ;►►rnIIIIV;% Planning Commission June 13, 2011 Page 8 of 9 RZN 11-3824: Rezone (EAST OF INTERSECTION OF COLLEGE AND TOWNSHIP AVE./SUMMIT PLACE, 329): Submitted by TMS DEVELOPEMENT for property located east of intersection of COLLEGE AND TOWNSHIP AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE and contains approximately 30.13 acres. The request is to rezone the subject property to NC, NEIGHBORHOOD CONSERVATION. Andrew Garner, Senior Planner, gave the staff report. Mark Courdin, applicant, gave the background of the Summit Place subdivision, the real estate market crash that led to the vacant subdivision, and their current intent to build smaller 1,600 — 2,000 square foot single family homes in this neighborhood. Public Comment: Marilyn Edwards, property owner in the vicinity, discussed concerns with the proposed density, traffic on Township, and concerns with ingress -egress into this neighborhood. Gerald Sloan, property owner on Juneway Terrace, asked about how the 30% tree preservation in the HHOD can work on this site for each lot. He discussed concerns with stormwater, and stated that erosion on his property that is uphill from this subdivision has increased over the past four years after this subdivision has been built. Michael Robason, property owner on Juneway Terrace, stated that he is in support of CityPlan 2025 but that the developer's new plan for this neighborhood does not reflect CityPlan. He discussed concerns with traffic on Township and traffic in general. Commissioner Earnest left the meeting. Candy Johnson, property owner in the area, discussed that she grew up in the area and was offended by the developer's plan because it was obtrusive. She also discussed runoff from this hill. No more public comment was presented. Commissioner Winston asked Mr. Sloan to come back up to the podium and explain his concerns with erosion. Gerald Sloan, property owner on Juneway Terrace, discussed that he thinks erosion on his property has increased as a result of this subdivision. Commissioner Winston stated that he was skeptical that Summit Place was causing erosion problems on Mr. Sloan's property because Summit Place is downhill from his house. Commissioner Hoskins asked about the proposed development. Garner discussed that development is not to be considered as this is a rezoning. A development would come through as a later submittal. Commissioner Hoskins asked Mr. Robason to come back to the podium and discuss his concerns with the design of the neighborhood. Michael Robason, property owner on Juneway Terrace, discussed concerns with seeing garage doors right at the Planning Commission June 13, 2011 Page 9 of 9 street under the proposed zoning. Commissioner Hoskins discussed that he has experience developing smaller single family homes on narrow lots and thinks that this will not be a front garage entry type of development. Commissioner Hoskins asked about the proposed zoning and surrounding density. Garner responded that the adjacent single family neighborhoods to the south and east are zoned RSF-4 and the proposed density with the Bill of Assurance would be four units per acre. Commissioner Chesser asked Mr. Robason about erosion issues. Michael Robason stated that he has three new sinkholes on his property since 2008. Commissioner Chesser asked about access and traffic into this site when this is re -platted. Garner discussed that a westbound turn lane into this neighborhood may need to be provided if this neighborhood is re -platted with a higher density. Commissioner Chesser discussed that this is an area of the City where infill is appropriate and he would be in favor of even higher density to support mass transit. Commissioner Winston pointed out that Marks Mill Lane is a street stub -out and would provide potential future connection to the south. Commissioner Hoskins discussed the intent of the NC zoning, allowing buildings close to the street, reduced grading on the uphill side, and more flexibility in clustering and design than under the RSF-4 zoning. Commissioner Chesser asked about sidewalk and homes in NC zoning. Garner discussed that homes are required to be built within the 0-25-foot build -to zone and that the intent is to encourage homes and front porches close to the sidewalk. Motion: Commissioner Chesser made a motion to forward RZN 11-3824 to the City Council with a recommendation for approval. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 6-0- 0. There being no further business, the meeting was adjourned at 6:35 PM. Tayeevi le AR KANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of June 13, 2011 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: H+e-;� Updated June 15, 2011 125 W. Mountain St. Fayetteville, AR 72701 phone: (479)575-8267 RZN 11-3824: Rezone (EAST OF INTERSECTION OF COLLEGE AND TOWNSHIP AVE./SUMMIT PLACE, 329): Submitted by TMS DEVELOPEMENT for property located east of intersection of COLLEGE AND TOWNSHIP AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE and contains approximately 30.13 acres. The request is to rezone the subject property to NC, NEIGHBORHOOD CONSERVATION. Planner: Andrew Gamer BACKGROUND: Property Description: The property is zoned Residential Single -Family Four Units Per Acre (RSF- 4), and contains 30.13 acres located approximately 500 feet east of College Avenue on the south side of Township Street. The site is within the Hillside Hilltop Overlay District (HHOD), is heavily wooded and contains significant topography change. The site transitions from 1,310 feet above mean sea level (AMSL) in the northwest corner to a hilltop located at 1,500 feet AMSL in the southeast corner of the site, an elevation change of approximately 200 feet. Slopes vary in percent gradient from 10% to greater than 20%. The final plat for the Summit Place Subdivision was filed of record on January 22, 2008. This final plat created 50 single family lots. Access is only currently available from Township Street. The surrounding zoning and land uses are depicted in Table 1. Table 1 - Surrounding Zoning and Land Use Direction Land Use Zoning from Site North Multi- and single-family RMF-40, Residential Multi -Family Forty Units Per residential; Commercial Acre/C-2, Thoroughfare Commercial South Undeveloped, scattered RSF-4, Residential Single -Family Four Units Per Acre residences East Single family residential RSF-4, Residential Single-Fam ily Four Units Per Acre West Commercial (College Avenue C-2, Thoroughfare Commercial commercial corridor Proposal: The request is to rezone the property from RSF- 4, Residential Single Family Four Units G:\ETC\Development Services Review\201 I\Development Review\l 1-3824 RZN Comer of College & Township (Summit Pl)\03 Planning Commission\06-13-2011\Cornments and Redlines per Acre, to NC, Neighborhood Conservation. The applicant has offered a Bill of Assurance that would not permit duplexes or multi -family residences and a limit of 125 single family lots, a gross density of four units per acre which includes the tree preservation area. The applicant has stated that the intent is to re -plat the Summit Place subdivision for smaller single family lots than permitted by the underlying RSF-4 zoning district. Public Comment: Staff has received one call from a nearby property owner discussing concerns with traffic. Staff also had multiple conversations with one adjacent property owner that did not specifically object to the rezoning but had questions for staff. RECOMMENDATION: Staff recommends forwarding RZN 11-3824 to the City Council with a recommendation for approval based on findings stated herein. PLANNING COMMISSION ACTION: Required YES Date: June 13, 2011 0 Tabled X. Forwarded ❑ Denied Motion: Chesser Second: Hoskins Vote: 6-0-0 CITY COUNCIL ACTION: Required YES ❑ Approved ❑ Denied Date: INFRASTRUCTURE: Streets: The site has access to Township Street an improved two lane city street in this location. Street improvements will be evaluated at the time of development submittal. Water: Public water is available to the property. There is 12" water main in Township Street adjacent to the site and an 8" water main throughout the subdivision. Sewer: Sanitary sewer is available to the site. There is a 8" public main located throughout the subdivision. 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. The Summit Place subdivision was constructed with a detention pond in the northwest portion of the site. This property is not affected by the 100-year floodplain and the Streamside Protection Zones. GAETC\Development Services Review\2011\Development Review\l 1-3824 RZN Comer of College & Township (Summit PI)\03 Planning Commission\06-13-2011\Comments and Redlines Police: The Fayetteville Fire Department has not expressed concerns with this request. 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 Residential Neighborhood Area. FINDINGS OF THE STAFF 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 proposed NC zoning with a Bill of Assurance for single-family residential use and a maximum density of four units per acre is compatible with adjacent and nearby commercial, multi -family, and single family residential land uses while promoting a variety of lot sizes and development patterns. Adjacent developments include residential subdivisions zoned RSF-4 (maximum four units per acre) to the east and south, and multi -family residential and commercial uses zoned C-2 and RMF-40 (maximum 40 units per acre) to the north and west of the property. The NC zoning will allow for a mix of residential housing types in this transitional area between the busy commercial corridor along College Avenue and older multi -family and single family neighborhoods to the north and east. The NC zoning is a form -based zoning that requires a more traditional design and the opportunity for narrow lots and houses closer to the street, consistent with land use planning policies, and common in other developed areas of the City. 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 justified in order to provide for a variety of lot sizes and variation in development pattern consistent with City land use objectives and policies. Additionally, this site is a very steep wooded site within the HHOD. The NC zoning provides the opportunity to minimize additional grading by requiring the homes to be placed within a build -to zone that is between 0-25 feet from the street. This provides additional buildable area on the front of the lots that have already been cleared near the streets, allowing more opportunity for preservation of trees and hillside behind the homes, than under the existing RSF-4 zoning. 3. A determination as to whether the proposed zoning would create or appreciably increase G:\ETC\Development Services Review\2011\Development Review\l 1-3824 RZN Comer of College & Township (Summit Pl)\03 Planning Commission\06-13-2011\Comments and Redlines traffic danger and congestion. Finding: The proposed zoning will generate the potential for additional traffic on the surrounding street system over the existing RSF-4 zoning. As stated in the Bill of Assurance, this rezoning would yield a total of 125 single family lots (a density of four units per acre), subject to a new preliminary plat approval. The street improvements required as part of the Summit Place Subdivision along with the recent improvements completed by the City to Township Street should be adequate to account for these additional vehicle trips, but would be evaluated at the time of preliminary plat. A westbound left turn lane in front of this subdivision may be warranted and would be evaluated with the proposed preliminary plat. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The proposed zoning would potentially increase population density. The proposed zoning would allow for a total of 75 additional single family lots in this subdivision. However, this increase in single-family residences is consistent with land use, zoning, and development patterns in the immediate vicinity, as well as the current underlying zoning district. This site is located within the core of the City with adequate surrounding infrastructure. Increased load on public services was taken into consideration and recommendations from Engineering, Fire, and Police Departments are included in this report. Significant adverse impacts to public services would not result with the incorporation of standard improvements as part of the development. 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 G:\ETMevelopment Services Review\201 l0evelopment Review\l 1-3824 RZN Comer of College & Township (Summit Pl)\03 Planning Coinmission\06-13-2011\Comments and Redlines 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. l) Pemdued uses. Vnit 1 Cil -wide uses by right 11 Unit 8 1 Single-family dwellings 11 Vnit41 j Accesso dwellin s (2) Conditional uses. Unit 2 Ci -wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit5 Government facilities Unit9 Two-family dwellin s Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities (C) DensiM Single-family dwellin s Two-family dwellings Units per acre 1 4 or less 7 or less D) Bulk and area regulations. Single-family Two-family dwellings dwellings Lot minimum width 70 ft. 80 k. Lot area minimum 8,000 sq. k. 12,000 sq. ft. Land area per 8,000 sq. k. 6,000 sq. ft. dwelling unit Hillside Overlay 60 ft. 70 ft. District Lot minimum width Hillside Overlay 8,000 sq. ft. 12,000 sq. ft. District Lot area minimum Land area per 8,000 sq. ft. 6,000 sq. ft. dwellin unit (E) Setback rer uiremenrs. Front Side Rear 15 ft. 5 ft. 15 ft, (F) Building !might regulations. 11 Butding 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, 6-19-07; Ord. 5128, 4-15-08; Ord. 5224, 3-3-09; Ord. 5312, 4-20-10) G:\ETC\Development Services Review\2011\Development Review\l 1-3824 RZN Comer of College & Township (Summit PI)\03 Planning Commission\06-13-2011\Comments and Redlines 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 occu ations 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 Rear Rear, from center line 12 ft. of an 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. (Ord. 5128, 4-15-08; Ord. 5312, 4-20-10 G:\ETC\Development Services Review\2011\Development Review\l 1-3824 RZN Comer of College & Township (Summit Pl)\03 Planning Commission\06-13-2011\Comments and Redlines To: From: Date: Zoning Review Andrew Garner Terry Lawson, Fire Marshal June 8, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS FIRE DEPARTMENT 4..ef 303 West Center Street „ Fayetteville, AR 72701 P (479) 575-8365 F (479) 575-0471 Re: RZN 11-3824: Rezone (EAST OF INTERSECTION OF COLLEGE AND TOWNSHIP AVE./SUMMIT PLACE, 329): Submitted by TMS DEVELOPEMENT for property located east of intersection of COLLEGE AND TOWNSHIP AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 UNITS/ACRE and contains approximately 30,13 acres. The request is to rezone the subject property to NC, NEIGHBORHOOD CONSERVATION. Planner: Andrew Garner This development will be protected by Engine 5 located at 2979 Crossover. It is approximately 3 miles from the station with an anticipated response time of 4 minutes to the beginning of the development. The Fayetteville Fire Department does not feel this rezone will affect our calls for service or our response times. f ou have any questions please feel free to contact me. Te ry Law on, Fire Marshal Fayetteville Fire Department Telecommunicetlons Device for the leaf iDD (47J1521-1316 113 Wes Mlotintaln rayeut-v111e,AR72701 SUMMIT PLACE Off Township & Business 71 A. TMS Development, Mark Courdin, Steve Dearien, & Tom Pearson are the current owners, and there are no pending sales B. Overall goal: We are looking to make Summit Place a viable part of the community and we are asking for the City of Fayetteville's help. After meeting with the City staff regarding our revised proposal that falls in line with the existing neighborhood conservation district we hope to get your approval for this revised zoning. As mentioned I hope we all realize that Summit Place Subdivision is hurting. Approved over 4 years ago and no houses are built. This hurts all involved, we the owners are paying interest and going broke while the City is not benefiting from an empty subdivision in the middle of town. With that said, we the owners still have good intentions to make this a proud part of Fayetteville. The original plan was to sell large plush lots... build it they will come mentality, but the economy has taught us otherwise. Our new goal which is supported by our research data is to target the low 200,000 dollar home range with the property included. We used the current land to home ratio used by banking system of 20% of land to home cost. Therefore with the home price at 90-100 dollars a square foot on roughly 1700 sq ft plus the lot for the mid to high 30's we hit our desired target. To make this viable, we need more density, which is why we submitted the revised layouts you've been looking at for the last few months. There are a few problems with the current submittal that we feel are obvious. • It's tacking on another 2 million in construction costs on an existing subdivision. • It's another minimum of a year of construction. • It doesn't take advantage of the existing conditions. • To us it seems to have met resistance from the City Therefore we ask that you relook at our current concept that requires no additional public streets or alleys, only additional water and sewer taps. This new concept includes 1.37 acres of donated tree preservation to the City of Fayetteville, and over 5.2 acres of protected tree easement area and park, as well as a 30' walking trail through the center along an existing sewer easement, that we propose to leave earthen, but will listen to the City's advice on. In closing, we know financial interests are not relevant, but hope the City understands we're way upside down on this existing project, but this revised proposal with the increased density (but less than what's being currently proposed will resolve this issue, as we still want this subdivision to be a great part of Fayetteville. With your approval we would like to continue this project being represented by Rob Sharp, but give your staff enough time to consider this revised Site Plan. On the attached sheet are our initial thoughts on various aspects of the project. Tree preservation: We would like to donate 1.37 acres to the City of Fayetteville for tree preservation area. Almost 50,000 dollars of land at parks current formula for park land dedication. Also, we propose 5.2 additional acres as shown as tree easement area and park land, where no permanent structure can be built buy the homeowner without the city's approval Storm: Existing 50 lots at 3000 sq ft was equal to 150,000 sq ft of hard-scape area, as well as much larger driveways, etc. Proposed 124 lots at 1130 sq ft (two story) is equal to 139,004 sq ft, including much smaller driveways as the houses are all front loaded, also the proposed 6 plus acres of tree preservation and protection proposed. We feel these factors indicate that no increased detention is needed from the original submittal. Grading: No grading except wherethe proposed sewer extension is to occur Existing lots: Existing lot 31 now lot 41 has already been sold and will be renumbered to lot 41 All original POA lots will remain with the new layout. C: We are located in the hub of Fayetteville, with Business 71 & Township adjacent to our property and Crossover and Gregg Street only 2 minutes away. D: SEWER Sewer is already available; the revised plat calls for proposed lots 36, 37, 61, 72-74, 105, 107 need a public sewer extension as shown. All proposed sewer taps will be shown at the time of construction plans. Water: Water is already available, all proposed water taps will be shown at the time of construction plans. E: The original Zoning was RSF-4, we are requesting Neighborhood Conservation which allows for 10 units per acre, but per approval we will not exceed 4.1 units per acre. As the City is aware there was an revised concept PZD that was higher of density than we the owners rejected due to the cost, time frame, and amount of disturbed existing tree preservation, that seemed to be apparent to the City as well. F: We feel the revised zoning is very much needed as the subdivision has sat empty for over 4 years. G: As mentioned above, we are located next to many collector streets. H: Originally the density was RSF-4 our proposed density is NC-RSF4.1 I: Please refer to section B. BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or bu er of this property, (hereinafter "Petitioner") �_ hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. l . The use of Petitioner's property shall be limited to o s 2. Other restrictions including number and type of structures upon the property are limited to 3. Specific activities will not be allowed upon petitioner's property include 4. (Any other terms or conditions) A /ill 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN W�IINESS WHE�OF and in agreement with all the terms and conditions stated above, I, /i_/AR�i C0uQd,:4 :5 V— —> as the owner, developer or buyer (Petitioner) voluntarily offer all ch assurances and sign my name below. 5-4-.Z1 4&k ��n Date Printed Name mac Addres �.�nr.�n Aigna NOTARY OATH STATE OF ARKANSAS } } .ss COUNTY OF WASHINGTON } And now on this the day of ✓A L4 2069, appeared before me, �ah_- , a Notary Public, and after being placed upon his/her oath swore or affirmed that agreed with the terms of the above Bill of Assurance and signed his/her name above. Ia �. NOTA PUBLI My Commission Expires: LI 145. 81 S00°00'00'E LB 2BJ.J0' S00°00'00•E L9 56-55' 545°00'' LIO /5618' N90°W'0000'WW Lll 369.61" N45°JI.21E L12 4900' SOOTO.00-E LIJ 20A]1' SOO°14.04•W LI4 105 09' S56°56'LI'E CS d92 ]0' 25000' P90.00 JJJ55 SGS^00'00'E 9P00'QO' OI.M' ISo.IM' 6E.iJ '00'w_ _ ll]dl' '00'W2J651' 10000' 244.6J 10'W m ISM.2P C9 IIQ. GG' 150W.61.JJ "L O'B G4°18•97 CIO 299.59' SQ0.00' 16J 58 IB'E 3J90'<9' M4FN5 MILL LANE 50' TB' 4' QIA4: YIEW OFIVf 40' 24' ••p [M4MPIgl OFIW 41. T4' ^4' IWNOSWEP]L4NE 40' 24' ••4 IIARWOOD AVENUE 50' 28' 4' • orsrexcE ruEx rnuv cexre. •' SICEWLLR IO 9F INSTLLLEO O1 ONE SIM OF $TREE i. N h w t y • S !. 4 h Y i a r ' a �a4�is0t� A � Y� rc��f �'� l� �" �,a ! `.'s"� � .. �• �ea 71 V —fx n s h4 ! _ 1 j J9. �' y7':' 2 7� 1 fi 4 •I. e If Id Jh K L i ;` S b IfJ 1 ,'� rtii`'V ] l� ! i� •dl� f� � rl - 1'I 40 RZN11-3824 Close Up View a1 Sl1NBRIDGEOR:.-'-_ .. 0 —TOwNSHIP-SL 7' w S 2 CULT DR 0-2 ..:... ••.11..................: I w_ -M STV: a• w_ s-. 0: Legend .... • Multi-U Trail (!g wwpS) m'i;.EiLure rails •� � . —. Yj --- . jjgn,Footprints 2010 - Hillside -Hilltop Ov Design Overlay Di Design Overlay Di ------ Planning Area = Fayetteville District SUMMIT PLACE a SUBJECT PROPERTY � � N 'ELF_ , �;*, a i"„ PEEL ST ICY w J pI/ a ❑ WINDYHILLST z 3 w _¢ OVERCRESTST ❑ �Zm z 4 N 74 RSF+ ELM ST D C �1 Z A WINBALIGH LN 0 200 400 800 1.200 1,600 eet RZN11-3824 SUMMIT PLACE One Mile View BRIARCLIFF ST je RSFd '�� . � •I 17_ -" '��o©lam._; � R-O CORTIAND ST ON ST RSF. u ` RSF. 11{$F. FURMANST.0 q� Pi I I� - ?ttING.NItL-SDR-_�1 N14 "W .RSFA =�V _j TmQ� IFF ST MF4 11� i t r F�I T S"�;LN 4YSEb1bM' i � flsF.. wo•; f'It I Ro u 1 A .�+_�••, 'DIl •^� FRS RSis W h 4•. MADRIDST J SUBJECT PROPERTY °�'' / RSF. .•R. rt ' `�`-CNN no ca A � � RSF. . SAfDAEfH2.� - / Y �lrr fN4LlYi�, .I ,I� ` ELM BT �'it7' x- P1IPtkLR'3T_•' I LIm f�� A3N r f�tf'J Pt I-, Ihmpdi '- WGA LNG_ else �' tW ASF.� RSF , RINlF S ,' ?B SWT—rt3l, 'F"IrfE 37F�R� - Overview Legend Subject Property �y 1 _ ❑m I �RZN17-3824 i F Boundary ti .] 0 0.25 0.5 I� 00 ;. PEEL S7 p �•m RSF. 3 W4 RSFJ �. RSF. Q m RSF.RS 4 RBY-i a ELM ST DEBRA DR $ Lu �Sri:_-1 NA Sr Rsfe;Y ply VAR4 ,,-- _—� STEWA'' RSF. SUSAN DR q- RSF. 0 �t W D �yyDO``ta ix r (n Z RS 3 E 1027. ? R. ARIBQR'�R 9SP-F > 0 � JC1 RZIN 11-3824 Desi n Overlay District Plan iing Area Fay tteville 1 M les NORTHWEST ARKANSAS DEMOCRATGAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERS NORTHWEST ARKASASMES NWSPAPE16LLC ENTTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479-442-1700 1 WWW.NwAmEws.COM AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville Ordinance 5418 Was inserted in the Regular Editions on: July 14, 2011 Publication Charges: $ 77.82 Cathy Wiles Subscribed and sworn to before me This 3 l day of — 1/ 2011. Notary Public My Commission Expires: I �d * *NOTE* * Please do not pay from Affidavit. Invoice will be sent. Section 1: That the Ci daseification of the Id Units Per Acre to NO, I hereto and made a f Services, as shown on RECEIVED JUL 2,6 2011 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE SyeARKANSAS BY THE CITY COUNCIL OF THE CITY OF of the City of Fayettevile. Aransas herebyamends Me official wine to reflect the zoning change provided In Section 1. once aff�eo by the property owner to., edaplezeeantl mdU,Izr y hovm in Ezhfiit "C" attad ed hereto and APPROVED MIS 5M day of July, 2011. /ED: ` - ATTEST: By. A JORDAN, Mayor - SONDRA E. SMITH, City ClerWTreesurer for this ordinance may he viewed in the ofice of the City ClerWTreasurer.