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HomeMy WebLinkAboutOrdinance 5491 Doc ID: 014545860003 Type: REL Kind: ORDINANCE Recorded: 04/17/2012 at 11:58:46 AM Fee Amt: $25.00 pace 1 of 3 Washinoton Countv. AR Bette Stamos Circuit Clerk File2012-00010768 ORDINANCE NO. 5491 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 12-4028, FOR APPROXIMATELY 2.18 ACRES, LOCATED AT 1400 AND 1500 BLOCK OF NORTH DESOTO PLACE (TRACK "A" OF ABSHIER HEIGHTS) FROM R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT R-PZD 06-1883 TO RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE 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 R-PZD, Residential Planned Zoning District to RSF-8, Residential Single-Family, 8 units per acre, as shown on Exhibits "A" and "B" attached hereto and made a part hereof. Section 2: That the remainder of the Abshier Heights R-PZD 06-1833 zoning district not being rezoned shall retain its R-PZD zoning designation with all of the zoning and development rights and regulations prescribed therein. Section 3: 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. PASSED and APPROVED this 3`d day of April, 2012. APPROVED: ATTEST: By: By: 4. 144IW76 I(�I ELD J ,Mayor SONDRA E. SMITH, City Clerk/Treasur '1°WTRp PPP6 iZ :.gym•G�SY p�p��a4�. S FAYEIIEVB rP�QAAAAA�i�°naea�aae EXHIBIT "A" RZN12-4028 ABSHIER HEIGHTS Close Up View _91 t cs `° II _ ii "- ••rr u�SYCAMOR �V SUBJECT PROPERTY i T��I I NATURAL WAY iJ it 02 it 'RSF.•1. RPM ' H J =1 ORIAL C7 ' nr P-0 �9�' 1 L.-.--I o LWaaPZN12-4028 Footprints 2010 - Hillside-Hilltop Ov rlay District i_ _! Design Overlay Di trict Design Overlay Di trict 0 75 150 300 450 600 ------ Planning Area F.t EXHIBIT "B" RZN 12-4028 PART OF THE NORTHWEST '/4 OF THE NORTHWEST /40F SECTION 10, TOWNSHIP 16 NORTH,RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE SAID NORTHWEST '/4 OF THE NORTHWEST 1/4; THENCE N87°12'10"W, A DISTANCE OF 352.90 FEET; THENCE NO2058'47"E, A DISTANCE OF 25.00 FEET TO THE TRUE POINT OF BEGINNING BEING A SET MAG NAIL W/WASHER(PS 1496) BEING THE TRUE POINT OF BEGINNING; THENCE NO2 58'47"E,A DISTANCE OF 635.02 FEET TO A FOUND CHISELED "X" IN CONCRETE; THENCE S87 00'06"E, A DISTANCE OF 149.72 FEET TO A FOUND 'h" REBAR ON THE WEST RIGHT-OF-WAY LINE OF HILLCREST AVENUE; THENCE S02 57'25"W, ALONG THE ABOVE SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 634.93 FEET TO A FOUND PK NAIL; THENCE N87 02'1 6"W, A DISTANCE OF 149.97 FEET TO THE POINT OF BEGINNING AND CONTAINING 95,146 SQUARE FEET OR 2.18 ACRES, MORE OR LESS. SUBJECT TO ANY AND ALL EASEMENTS, COVENANTS Washington County,AR I certify this instrument was filed on 04/17/2012 11:58:46 AM and recorded in Real Estate File Number 2012-00010768 Bette Stamps--Circuit Clerk by v� City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 3/20/2012 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Reclulred: RZN 12-4028: Rezone (1400 AND 1500 BLOCKS OF N. DESOTO PL./ABSHIER HEIGHTS, 407): Submitted by Bart Bauer for property located at 1400 AND 1500 BLOCKS OF NORTH DESOTO PLACE. The property is zoned Residential Planned Zoning District R-PZD 06-1883(Abshier Heights)and contains approximately 2.18 acres. The request is to rezone the subject property to RSF-8, Residential Single-Family, 8 units per acre. 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 — 2wA&- n1•M,.1DIv Previous Ordinance or Resolution# Department ectqp — -T Date Ll ,,v( ' Original Contract Date: � _ 3 -4- 12- Original Contract Number: Ci y ttorney Date Q �1 'J" 3 S-ZP1 Finance and Internal Services Director Date Received in City Clerk's Office _ Chief of St It Date Received in .S Mayor's Office Ma r Date Comments: ��� t Ar6l OOJ0 0-4 4t Q/���/� � W� Revised January 15,2009 Tay etrKile THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE S CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Jesse Fulcher, Current Planner Date: February 29, 2012 Subject: RZN 12-4028 (Abshier Heights) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to rezone the subject property from R-PZD 06-1883 Abshier Heights to RSF-8, Residential Single Family Eight Units Per Acre. BACKGROUND The property is Tract A (the northern half) of the Abshier Heights R-PZD site totaling 2.18 acres. The site is located directly behind Ozark Natural Foods on the west side of Hillcrest Avenue. The R-PZD zoning on this portion of the Abshier Heights site permits development of a multi-family building with six units and three duplexes for a total of 12 residences. This portion of the site has been developed with a private street/alley (North Desoto Place) but has not been developed with any buildings. The site is surrounded by single family homes to the east, multi-family residences associated with the southern portion of the Abshier Heights project to the south, commercial development to the west, and undeveloped land to the north. Direct access to this property is available from Hillcrest Avenue to the east and Natural Way to the north which is an access easement along the north side of the Evelyn Hills shopping center, and a second access drive directly into the central portion of the Evelyn Hills Shopping center. The applicant has submitted an application to rezone the northern portion of the Abshier Heights property, 2.18 acres, from R-PZD 06-1883 Abshier Heights to RSF-8, Residential Single Family Eight Units Per Acre. The applicant has stated that he intends to construct single family residences on the property. DISCUSSION On February 27, 2012, the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 7-0-0. Two members of the public spoke at the meeting asking about the total number of units proposed but did not express objection to the rezoning. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 12-4028, FOR APPROXIMATELY 2.18 ACRES, LOCATED AT 1400 AND 1500 BLOCK OF NORTH DESOTO PLACE (TRACK "A" OF ABSHIER HEIGHTS) FROM R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT R-PZD 06-1883 TO RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE 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 R-PZD, Residential Planned Zoning District to RSF-8, Residential Single-Family, 8 units per acre, as shown on Exhibits "A" and "B" attached hereto and made a part hereof. Section 2: That the remainder of the Abshier Heights R-PZD 06-1833 zoning district not being rezoned shall retain its R-PZD zoning designation with all of the zoning and development rights and regulations prescribed therein. Section 3: 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. PASSED and APPROVED this day of 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN12-4028 ABSHIER HEIGHTS Close Up View nr-lz cs � . . •4 1 'A, �. �f SUBJECT PROPERTY NATURALWAY w N �+ PP20 pRIA{p P-1 iI :� r @AbfefTj qll (Existing) LAKE LUCIL LE�•• - • tUrell ils. - •� - --, m � . ``---' o ,Jv / ervi,RZ N 12-4028 ygITj, Footprints 2010 M Hillside-Hilltop Ov rlay District Design Overlay Di trict Design Overlay Di trict 0 75 150 300 450 600 ------ Planning Area Feel EXHIBIT`B" RZN 12-4028 PART OF THE NORTHWEST %4 OF THE NORTHWEST '/4 OF SECTION 10, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE SAID NORTHWEST %4 OF THE NORTHWEST 1/4; THENCE N87°12'10"W, A DISTANCE OF 352.90 FEET; THENCE NO2058'47"E, A DISTANCE OF 25.00 FEET TO THE TRUE POINT OF BEGINNING BEING A SET MAG NAIL W/WASHER(PS 1496) BEING THE TRUE POINT OF BEGINNING; THENCE NO2 58'47"E, A DISTANCE OF 635.02 FEET TO A FOUND CHISELED "X" IN CONCRETE; THENCE S87 00'06"E, A DISTANCE OF 149.72 FEET TO A FOUND %" REBAR ON THE WEST RIGHT-OF-WAY LINE OF HILLCREST AVENUE; THENCE S02 57'25"W, ALONG THE ABOVE SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 634.93 FEET TO A FOUND PK NAIL; THENCE N87 02'1 6"W, A DISTANCE OF 149.97 FEET TO THE POINT OF BEGINNING AND CONTAINING 95,146 SQUARE FEET OR 2.18 ACRES, MORE OR LESS. SUBJECT TO ANY AND ALL EASEMENTS, COVENANTS (3/1/2012)Andrew Garner- FW: Abshier Heights Page 1 From: "Jackson,Jeff'<JJACKSON@nwacc.edu> To: <agarner@ci.fayetteville.acus> CC: <jfulcher@ci.fayetteville.ar.us> Date: 3/1/2012 8:11 AM Subject: FW:Abshier Heights Hello! I live at 1414 N. Hillcrest,directly across from the lot being built on. Mr. Bauer did not discuss these plans with me,and I have some real concerns. As I mentioned to Jan Wicks,the previous construction experience was a long,unpleasant experience. The work crews parked on our(no parking)street and in my driveway. Construction trash blew onto my property daily. My furnace clogged from all of the dust and had to be repaired at my expense. On one memorable occasion,very loud work commenced at 6 a.m.on a Saturday. I'd also like to point out that we were promised a"pocket park"on the adjacent lot,but this remains a swampy mess. I feel like,as property owners,we deserve better. What can we do to protect our neighborhood's privacy,peace,and property values? Thank you for your time, Jeff Jackson From:Jan L.Wicks[mailto:jwicks@uark.edu] Sent:Wed 2/29/2012 3:24 PM To:Jackson,Jeff Subject:RE:Abshier Heights Hi Jeff, Thanks for letting me know. I strongly suggest you let the city planners know that Mr.Bauer did not discuss anything with you. He made a point of saying that he'd talked to the neighbors across from the properly and implied you all said it was fine. I wouldn't accuse him of lying or anything, but I believe it will be very helpful to us all if the city is aware of your feedback. I also strongly suggest you provide the information about the construction crew problems to the city planners and ask what could possibly be done. Andrew Garner agarner@ci.fayetteville.ar.us Jesse Fulcher jfulcher@ci.fayetteville.ar.us Best and I'll let you all know if I hear anything else. Jan -----Original Message----- From:Jackson,Jeff[mailto:JJACKSON@nwacc.edu] Sent:Wednesday, February 29,2012 3:11 PM To:Jan L.Wicks Subject:RE:Abshier Heights Hi-- Thanks for the information. Mr. Bauer did not discuss anything with me. The previous condo-building experience was quite unpleasant. The construction crew parked wherever they liked, including on the street and in my driveway,and I had trash blown onto my property on a daily basis. My furnace got clogged from all of the dust. Is there any way we can protect our rights to privacy,peace,and quiet? Jeff J. From:Jan L.Wicks[mailto:jwicks@uark.edu] Sent:Wed 2/29/2012 2:21 PM To:Robert Howard Wicks;dbeau@arkansas.net; boydlogan@gmail.com;decovision@sbcglobal.net;unbeldi@cox.net; (3/1/2012)Andrew Garner- FW: Abshier Heights Page 2 dhopster@hotmail.com;Jackson,Jeff;Lynda L.Coon;Nann Miller;i_markum@yahoo.com;rebeccahass@sbcglobal.net;C. Dayton Steelman;gpittsthorn@hotmail.com;williamfriar@yahoo.com;fran220dan@sboglobal.net;harpo0821@sboglobal.net; Hugh Reid Kincaid;Bettie Lu Lancaster;junjiewul 940@1hotmail.com;thehynesfamily@sbcglobal.net;trishaagreen@yahoo.com; lou.skeen@ki.com;bart.bauer@sbcglobal.net;bauerpat@sbcglobal.net;'SHAY HOPPER';'david hopper'; David Beauchamp (david@davidbeauchampcpa.com) Cc:'Jesse Fulcher;agarner@ci.fayetteville.ar.us;bart.bauer@sbcglobal.net;bauerpat@sbcglobal.net Subject:RE:Abshier Heights Greetings!This is an update on the Planning Commission meeting held earlier this week regarding the proposed changes to the Abshier Heights area behind Evelyn Hills Shopping Center.These two items below were approved by the Planning Commission and sent to the City Council.(I'm using an old e-mail list;please forgive me if you are receiving this in error.) This item below was to allow brick to be used instead of stone on the second multi-family building(to be built next to the existing one in the area below the corner of Hillcrest Avenue and Abshier Drive.It is my understanding that this building will have five units instead of six(apparently to allow larger garages to be built under each unit to accommodate the desires of most purchasers). 2.ADM 12-4029:Administrative Item(Abshier Heights R-PZD Modification No.3):Submitted by BART BAUER for the property located at the NORTHWEST CORNER OF ABSHIER DRIVE AND HILLCREST AVENUE.The request is to amend the approved R-PZD 06-1883 Abshier Heights to architecturally design one of the multi-family buildings with brick instead of stone on the rear of the building.Planner:Andrew Garner This item is to rezone the area behind the Ozark Co-op to RSF-8.According to the developer and the city,the neighborhood has no say on the types of residences,nor materials used,etc.,if the area is rezoned RSF-8.The developer said it had to be rezoned as RSF-8(instead of RSF-4)because of the way the utilities were installed and placed, based on the original plans developed by David Chance. 7. RZN 12-4028: Rezone(1400 AND 1500 BLOCKS OF N. DESOTO PL./ABSHIER HEIGHTS,407): Submitted by BART BAUER for properties located at the 1400 AND 1500 BLOCKS OF NORTH DESOTO PLACE. The properties are zoned R-PZD,RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 2.18 acres.The request is to rezone Tract A of the Abshier Heights R-PZD to RSF-8,RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE. Planner:Andrew Garner Here are the e-mail addresses to contact the developer(Bart Bauer)e-mail address in case you have any questions or need more information. He said he's already discussed this with the neighbors who live down on the northern end of Hillcrest Avenue across from the back of the Ozark Co-op(or across from Tract A noted above). I'm sending him a copy so he can provide additional information,if desired,or correct anything I may have gotten wrong. Bart Bauer bart.bauer@sbcglobal.net Pat Bauer bauerpat@sbcglobal.net Here are the e-mail addresses for the city planning folks,just in case. Andrew Garner agarner@ci.fayetteville.ar.us Jesse Fulcherjfulcher@ci.fayetteville.ar.us Best, Jan Wicks 1314 Hillcrest Avenue • TayM-1 PC Meeting of February 27, 2012 KANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville.AR 72701 PLANNING DIVISION CORRESPONDENCE Tc1cphone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: r' I2 Updated February 29, 2012 RZN 12-4028:Rezone(1400 AND 1500 BLOCKS OF N.DESOTO PL./ABSHIER HEIGHTS, 407): Submitted by BART BAUER for properties located at the 1400 AND 1500 BLOCKS OF NORTH DESOTO PLACE.The properties are zoned R-PZD,RESIDENTIAL PLANNED ZONING DISTRICT and contain approximately 2.18 acres. The request is to rezone Tract A of the Abshier Heights R-PZD to RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE. Planner: Andrew Garner BACKGROUND: Background: On April 4, 2006 the City Council rezoned the subject property from C-2, Thoroughfare Commercial to R-PZD 06-1883 (Abshier Heights). The rezoning permitted the development of a total of 24 residential units on the site.The infrastructure for the development was installed over the entire site and southern portion of the property was developed with a six-unit multi-family building.The northern portion of the site remains undeveloped with the exception of a private shared drive(Desoto Place). Property Description: The property is Tract A(the northern half)of the Abshier Heights R-PZD site totaling 2.18 acres. The site is located directly behind Ozark Natural Foods on the west side of Hillcrest Avenue. The R-PZD zoning on this portion of the Abshier Heights site permits development of a multi-family building with six units and three duplexes for a total of 12 residences. This portion of the site has been developed with a private street/alley(North Desoto Place)but has not been developed with any buildings. The site is surrounded by single family homes to the east, multi-family residences associated with the southern portion of the Abshier Heights project to the south,commercial development to the west,and undeveloped land to the north,as indicated in Table 1.Direct access to this property is available from Hillcrest Avenue to the east and Natural Way to the north which is an access easement along the north side of the Evelyn Hills shopping center, and a second access drive directly into the central portion of the Evelyn Hills Shopping center. G G:\ETODevelopment Services Review\2012\Development Review\I2-4028 RZN 1400& 1500 Blocks of N. Desoto PI (Abshier Heights) Table I Surroundina Zoning and Land Use Direction from Site Land Use Zoning North Undeveloped C-2, Thoroughfare Commercial South Multi -family (Abshier Heights) R-PZD (Abshier Heights) East Single family residential RSF-4, Residential Single -Family Four Units Per Acre West Evelyn Hills Shopping Center C-2, Thoroughfare Commercial Proposal: The request is to rezone the property from R-PZD 06-1883 (Abshier Heights), to RSF-8, Residential Single Family Eight Units Per Acre. The applicant has stated that he intends to construct single family residences on the property. Public Comment • Staff has received a couple of calls and one in -person inquiry about the rezoning. There have been no objections to the rezoning, The Ozark Natural Foods store adjacent to the west has discussed drainage issues on their property. They are in communication with the City Engineering Division about these issues, however, they do not object to the rezoning. RECOMMENDATION: Staff recommends forwarding RZN 12-4028 to the City Council with a recommendation for approval based on findings stated herein. PLANNING COMMISSION ACTION: Required YES Date: February 27.2012 ❑ Tabled X Forwarded ❑ Denied Motion: Chesser Second: Cook Vote: 7-0-0 Notes: Recommendation for approval. CITY COUNCIL ACTION: Required YES U Approved ❑ Denied Date: INFRASTRUCTURE: Streets: The site has access to Hillcrest Avenue a local street. Hillcrest Avenue was improved with the first phase of the Abshier Heights R-PZD to meet current street standards. G G:\ETC\Development Services Review\2012\Development Review\12-4028 RZN 1400 & 1500 Blocks of N. Desoto P1 (Abshier Heights) Water: Public water is adjacent to the site. A study of the water system shall be conducted by the developer as directed by the Engineering Division. Substantial improvements to the water system may be required which includes other off -site improvements. Water service will need to be extended within the property at the time of development connecting within the proposed development. Sewer: Sanitary sewer is currently available to the site. There is a 6" sewer line that runs along Hillcrest Avenue and a 6" sewer line along Abshier Drive, west of the site. A study of the downstream system shall be conducted by the developer. Substantial improvements to the sewer system may be required which includes other off -site improvements. Sewer service will need to be extended within the property at the time of development connecting within the proposed development. Drainage: Standard improvements and requirements for drainage will be required for any development. Police: The Fayetteville Police Department has not expressed concerns with this request. Fire: The Fayetteville Fire Department has not expressed concerns with this request. The subject property is located approximately 1.7 miles from the Fire Station No. 1. Response time to the property is 5.5 minutes. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as City 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 RSF-8 zoning for single-family residential use is compatible with adjacent and nearby commercial, multi -family, and single family residential land uses while promoting a variety of lot sizes. Adjacent developments include residential single family out -lots zoned RSF-4 (maximum four units per acre) to the east, multi -family residential adjacent to the south, and commercial uses zoned C-2 to the west of the property. The RSF-8 zoning will allow for a mix of residential housing types in this transitional area between the busy commercial corridor along College Avenue, the new multi -family residential development adjacent to the south, and older and single family neighborhoods to the east and south. 2. A determination of whether the proposed zoning is justified and/or needed at the time the G G:\ETC\Development Services Review\2012\Development Review\12-4028 RZN 1400 & 1500 Blocks of N. Desoto PI (Abshier Heights) 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. The applicant has indicated that the real estate market is not suitable for the development of this site with modern multi -family and two-family structures. The zoning is needed in order to provide more flexibility in development of this site to meet current market conditions. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning should not generate the potential for additional traffic on the surrounding street system over the existing R-PZD zoning. The existing PZD would permit one multi -family building with six units, and three two-family units for a total of 12 residences on this portion of the site. The subject property is 2.18 acres. The proposed RSF-8 zoning would permit a gross density of 17 units on the site. However, each lot is required to have at least 50 feet of street frontage and under the current configuration with access drives staff estimates there could be approximately 11 single family residences. The proposed rezoning should not create or appreciable increase traffic danger or congestion. 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 result in a comparable population density as the existing zoning and would not result in adverse impacts to public services. 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 G.\ETC\Development Services Review\2012\Development Review\I2-4028 RZN 1400 & 1500 Blocks of N. Desoto Pl (Abshier Heights) 161.09 District RSF-8, Residential Single -Family — 8 Units Per Acre (A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single family residential areas with similar lot size, density, and land use as the historical neighborhoods in the downtown area. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit8 Single-family dwellings Unit41 Accessory dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development (C) Density. By Right Single-family dwelling units per acre 8 or less (D) Bulk and area regulations. (1) Lot width minimum. Single-family 50 ft. Two-family 50 ft. Townhouse, no more than two attached 25 ft. (2) Lot area minimum. Single-family 5,000 sq. ft. Two-family 5,000 sq. ft. (3) Land area per dwelling unit. Sin le-family5,000 sq. ft. Two-family 5.000 sq. ft. G G:\ETC\Development Services Review\2012\Development Review\12-4028 RZN 1400 & 1500 Blocks of N. Desoto P1 (Abshier Heights) Townhouse, no more than 2,500 sq. ft. two attached (E) Setback requirements. Front Side Rear 15 ft. 5ft. 5ft. (F) Height regulations. Building Height Maximum I 45 ft. II (G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total lot area. (Ord. 4783, 10-18-05; Ord. 5028, 6-19-07; Ord. 5128, 4-15-08; Ord. 5224, 3-3-09; Ord. 5312,4 -20 -to; Ord. 5462, 12-6-11) G G:\ETC\Development Services Review\2012\Development Review\12-4028 RZN 1400 & 1500 Blocks of N. Desoto PI (Abshier Heights) Memo 7b: City of Fayetteville - Planning Commission From: Bart Bauer Date: January 16, 2012 Re: Rezoning of Property in the 1400 and 1500 Blocks of North DeSoto Place from RPZD to RSF-8 (a) Current Owner & Pending Sale This parcel is currently under contract for purchase from the Bank of Fayetteville for the exclusive use of Bart Bauer, and/or his assigns. (b) Reason for Zoning Change The PZD zoning designation restricts the site to two distinct buildings. These buildings were designed in the modem style of architecture. I feel that this modem style is not conducive to current market trends in the area. (c) Use, Traffic, Appearance, Signage The rezoning of the parcel to RSF-8 is in keeping with the surrounding properties which are all single- family homes along North Hillcrest Avenue. The current PZD is approved for multi -family dwellings. The zoning change will result in single-family homes which should reduce projected traffic in the area by a third. The single-family homes that we plan to build will be of a more traditional design and will blend well with the existing homes along Hillcrest Avenue. No signage is planned. (d) Availability of WaterlSewer Water and sewer mains are available to the site as follows: 8" line for water and 8" line for sanitary sewer. (e) Consistency With Land Use and Zoning Plans The rezoning of the parcel would be 100% consistent with the neighboring parcels and with Fayetteville's Master Plan. The utilities are already installed and grading is complete. Without going to great expense to change the configuration of the utilities, the site will currently hold four homes per acre. Since the subject parcel is 2.17 acres total, this will result in eight single-family homes. Adjoining properties are currently zoned RSF-4. (f) Zoning Justified? I feel the rezoning is justified for the reasons discussed above, i.e. current market trends, consistency with the neighborhood and reduction of the density of dwellings current planned for the site. (9) Traffic The streets that have been created to serve the Abshier Heights development are both private roads that are the responsibility of the property owners' association. As mentioned above, reducing the zoning from multi -family to singe -family dwellings from twelve down to eight decreases density and should actually decrease traffic in the area. (h) Public Services My rezoning request would result in less homes and population in the area than the previous Planned Zoning District that the City of Fayetteville has already approved, thus reducing the load on public services. Aside from this, the site is very small and the load on public services will be inconsequential. (i) Impracticality of Current Zoning The current PZD is impractical because it restricts the style and size of building that can be constructed on the site. The building cannot be significantly changed to meet market conditions without completely amending the PZD or changing the zoning of the site. • Page2 Abshic LIeights Zoning (R-PZD 06-188' 26 UNITS WIT11 S9 TOTAL EEoPoO,AS -_., - REVISE D 111 PAF:KINOSPACES' 3a W11A(1ESPAGES 3SCf1IVEWAYSPACES IN I ,ISPAf1ALLELSPACES 46Y5>3,faING SPACESPER ONR ..�, - SITE PLAN I'.. i 1 i1iL�- BUILDING REMOVED - S' �, u, 'TO PROVIDE GREEN . '� .1: '++++ SPACE BETWEEN ;I _ L� �,�• UNITS 1,, rirtitiy �y, ENHANCED -•� '!Ti 'CC/ ` �\ . VEGETATION I 71 ' BEHIND SHOP- h�. �- �. _Y .- PING CENTER / •:°.:.':' r, ircr r-.7 P VISITOR •• 1 r{,�„�:; 1/, PARKING i ADJACENT ;n TO PARK i g I INTERNAL WALK3 H '-, (� .r I i TO PRESERVE �'� I • •~� ��'. S TREE CANOPY `_'f's SITE E PLAN WITH BEDROOM COUNT ii z" _ ",lk 'POND MOVED TO PRESERVE TREE BUFFER NEIGHBORHOOD PARK • REPLACES BUIDLING CLOSEST TO JONES RESIDENCE PROPOSED VIEWING AREA FOR JONES RESIDENCE K r , 1 ..r 0 50 too 250 • PAWt?N F,TMM.M Rml I I Ii p <K 4K.GO,I 191'.9f,oY4 I - Abshier Heights Concurrent Plat R FLYWU WON PIN Sfl IwN PIN • FM MO ' ® ,MUMY SHYER MMINOIE ----`---` "A'- `II` _�.e__ �_� sulnurr 6eRER uxe Area to be FUIC£l WIE rezoned----------, ----FAMN1 IXISDNO CONTOUR RSF-8- MOPO COMM I. y FIRE MOMM a= I _ ACCESS E4 NI 11 A 4 GRAPHIC SCALE \ It i f lx PeeRrr 7 -s ! f nge— RI ,L — 1P -r on JZ /" � ' A+61S02 4/ PO ... —'—OPP F. 615 17 J -x7 Y63'bbn SE �E N CORNER ✓ j �I 1 )0-16-00 - iii - �q/ 1 S y osnw.. ,i ; \ 11 12 I II R Yd I§ Ili_-____-______ 2 5 N 5 -b i,, �� 1 I ..�--�--'�- Page 1 of I Lisa Branson - Abshiers Heights From: "Bart Bauer" <bart.bauer@sbcg1oba1.net> To: <Ibranson@ci.fayetteville.ar.us> Date: 3/14/2012 2:05 PM Subject: Abshiers Heights Dear Sondra I have to go out of town and can not make the March 20th counsel meeting. Could you please move both Items to the April 4th meeting? Thank you. 1. Rezone PZD to RSF-8 2. Change from stone to brick. Bart Bauer 479-283-0153 file://C:\Documents and Settings\lbranson\Local Settings\Temp\XPgrpwise\4F60A5A0FA... 3/14/2012 NORTHWEST ARKANSAS DEMOCRATGAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE NEWSPAPERX&LC THE OF S liMES ENORTHWEST NTONCOUrmDAILYRECORD 212 NORTH EAST AVENUE. FAYETTEVILLE, ARKANSAS 72701 1 P.O. 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