HomeMy WebLinkAboutOrdinance 5760iiiiiiiii►►ilii►►iiiiiiiiii�►►������►�������►►���►►►��►►►��������►►�����►►������
Doc ID: 018188900003 Type: REL
Kind: ORDINANCE
Recorded: 04/17/2015 at 03:08:00 Pr
Fee Amt: $25.00 Pape 1 of 3
11ash1npton County, AR
Kyle Sylvester Circuit Clerk
File2015-00010124
ORDINANCE NO. 5760
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 15-4953, FOR
APPROXIMATELY 6.81 ACRES, LOCATED AT 1195 SOUTH
CURTIS AVENUE FROM RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE TO RMF -24, RESIDENTIAL
MULTI -FAMILY, 24 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 an RSF-4, Residential Single
Family, 4 Units per Acre, to RMF -24, Residential Multi -Family, 24 Units per Acre, 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.
PASSED and APPROVED this Th day of April, 2015.
ATTEST:
By: 42'a"
& WSJ
SONDRA E. SMITW
City Clerkffreasurer
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EXHIBIT 'A'
15-4953
RZN15-4953
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= RZN15-4953
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Footprints 2010
_ Hillside -Hilltop Overlay
District
Design Overlay Di
trict
Design Overlay Di
trict
-- -Planning Area
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250
500
750
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EXHIBITS'.
15-4953
TRACT 1 SURVEY DESCRIPTION (PROPERTY BEING REZONED
A PART OF THE SOUTHEAST QUARTER (SE %) OF THE NORTHEAST QUARTER (NE 1/4)
OF SECTION TWENTY-TWO (22), TOWNSHIP SIXTEEN NORTH (T -16-N), RANGE THIRTY
WEST (R -30-W) OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT; THENCE
ALONG THE EAST LINE OF SAID FORTY, NO2°40'44"E A DISTANCE OF 654.40 FEET TO A
POINT; THENCE LEAVING SAID EAST LINE, N86°43'02"W A DISTANCE OF 12.75 FEET TO
A SET IRON PIN WITH CAP "PLS 1439'; THENCE N86°43'02"W A DISTANCE OF 50.00
FEET TO THE POINT OF BEGINNING AND THE WESTERN RIGHT OF WAY OF CURTIS
AVENUE (50 FOOT, 25 FEET EITHER SIDE OF CENTERLINE), BEING SET IRON PIN WITH
CAP "PLS 1439"; THENCE N86°43'02"W A DISTANCE OF 745.85 FEET TO A SET IRON PIN
WITH CAP "PLS 1439"; THENCE NO2°51'00"E A DISTANCE OF 546.55 FEET TO A FOUND
1" PIPE; THENCE S86°43'05"E A DISTANCE OF 280.47 FEET TO A SET IRON PIN WITH
CAP "PLS 1439"; THENCE S03°16'55"W A DISTANCE OF 21.21 FEET TO A SET IRON PIN
WITH CAP "PLS 1439"; THENCE S80°39'29"E A DISTANCE OF 112.35 FEET TO A SET IRON
PIN WITH CAP "PLS 1439'; THENCE S63°26'53"E A DISTANCE OF 99.97 FEET TO A SET
IRON PIN WITH CAP "PLS 1439"; THENCE S30°28'57"E A DISTANCE OF 127.82 FEET TO A
SET IRON PIN WITH CAP "PLS 1439"; THENCE SO4°47'32"W A DISTANCE OF 317.83 FEET
TO A SET IRON PIN WITH CAP "PLS 1439'; THENCE S86°43'02"E A DISTANCE OF 103.22
FEET TO A SET IRON PIN WITH CAP "PLS 1439'; THENCE N63'1 6'58"E A DISTANCE OF
80.00 FEET TO A SET IRON PIN WITH CAP "PLS 1439"; THENCE S86°43'02"E A DISTANCE
OF 30.00 FEET TO THE SAID WESTERN RIGHT OF WAY OF CURTIS AVENUE BEING A
SET IRON PIN WITH CAP "PLS 1439"; THENCE ALONG SAID WESTERN RIGHT OF WAY,
S02047'25"W A DISTANCE OF 90.00 FEET TO THE POINT OF BEGINNING.
SAID TRACT OR PARCEL OF LAND CONTAINING 6.81 ACRES (296,477 SQUARE FEET),
MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
04/17/2015 03:08:00 PM
and recorded in Real Estate
File Number 2015-00010124
Kyle Sylvester - Pftit Clerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
- - (479) 575-8323
Text File
File Number: 2015-0168
Agenda Date: 4/7/2015 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 2
RZN 15-4953 - 1195 SOUTH CURTIS AVENUE
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
15-4953, FOR APPROXIMATELY 6.81 ACRES, LOCATED AT 1195 SOUTH CURTIS AVENUE
FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF -24, RESIDENTIAL
MULTI -FAMILY, 24 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 an RSF-4, Residential Single Family, 4 Units per
Acre, to RMF -24, Residential Multi -Family, 24 Units per Acre, 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.
City of Fayetteville, Arkansas Page 1 Printed on 1072212015
City of Fayetteville Staff Review Form
2015-0168
Legistar File ID
4/7/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jeremy Pate 3/20/2015 City Planning /
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN 15-4953: Rezone (1195 S. CURTIS AVE./AMERICAN LEGION, 564): Submitted by ENGINEERING SERVICES, INC.
for property located at 1195 S. CURTIS AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS
PER ACRE and contains approximately 6.81 acres. The request is to rezone the property to RMF -24, RESIDENTIAL
MULTI FAMILY, 24 UNITS PER ACRE.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget
$
Funds Obligated
$
Current Balance
I $
Item Cost
Budget Adjustment
Remaining Budget
$
Approval Date: d --4d5
CITY OF
aeevile
Y ARKANSAS
MEETING OF APRIL 7, 2015
TO: Fayetteville City Council
CITY COUNCIL AGENDA MEMO
THRU: Andrew Garner, City Planning Director
FROM: Quin Thompson, Senior Planner
DATE: March 20, 2015
SUBJECT: RZN 15-4953: Rezone (1195 S. CURTIS AVE./AMERICAN LEGION, 564):
Submitted by ENGINEERING SERVICES, INC. for property located at 1195 S.
CURTIS AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE and contains approximately 6.81 acres. The request
is to rezone the property to RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS
PER ACRE.
RECOMMENDATION:
The Planning Commission and staff recommend approval of an ordinance to rezone the property
to RMF-24, Residential Multi -Family, 24 Units per Acre.
BACKGROUND:
The subject property is located on Curtis Avenue north of 15rh Street. The property contains an
American Legion post (Shelton -Tucker -Craft Post), baseball diamond, and associated facilities.
The subject property of this rezoning is currently under contract to be sold pending the outcome
of this rezoning request. A lot split (LSP 15-4954) has been requested that would place the Legion
building and parking area on a separate parcel from the baseball field.
Surrounding Land Use Compatibility: In staffs opinion, this property is compatible with
surrounding uses, which are a mixture of low and mid -density residential developments. The
adjacent property to the north is a multi -family development, while property to the south is in use
as a mobile home park with a density of approximately 8 units per acre. Properties to the east are
zoned RMF-24 and in single-family residential use. Undeveloped land adjacent to the west is
zoned P-1, Institutional; staff does not anticipate negative impacts to the surrounding property as
a result of this rezoning.
Land Use Plan Analysis: City Plan 2030 Future Land Use Plan designates this site as City
Neighborhood Area. This designation supports a wide spectrum of residential uses and
encourages density in housing types such as the proposed zone will allow.
DISCUSSION:
On March 9, 2015 the Planning Commission forwarded this item to the City Council with a
recommendation for approval with a vote of 7-0-0. At that meeting four members of the public
spoke to the item. Three opposed the proposed zoning, citing concerns with criminal activity, loss
of property value, and traffic problems. The property owner to the south was not opposed to the
rezoning.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
N/A
Attachments:
CC Ordinance
Exhibit A
Exhibit B
Planning Commission Staff Report
Police Department Comments
CITY OF
'P�vile
evi le
ARKANSAS
TO:
THRU:
FROM:
MEETING DATE:
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Andrew Garner, City Planning Director
Quin Thompson, Current Planner
March 9, 2015
SUBJECT: RZN 15-4953: Rezone (1195 S. CURTIS AVE./AMERICAN LEGION,
564): Submitted by ENGINEERING SERVICES, INC. for property located
at 1195 S. CURTIS AVENUE. The property is zoned RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains
approximately 6.81 acres. The request is to rezone the property to RMF-
24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding of RZN 15-4953 to the City Council with a recommendation for
approval.
BACKGROUND:
The subject property is located on Curtis Avenue north of 151h Street. The property contains an
American Legion post (Shelton -Tucker -Craft Post), baseball diamond, and associated facilities.
The subject propertyof this rezoning is currently under contract to be sold pending the outcome
of this rezoning request. A lot split (LSP 15-4954) has been requested that would place the Legion
building and parking area on a separate parcel. Surrounding land use and zoning is depicted on
Table 1.
Table I
Direction Land Use
from Site
North Multi -family Residential
South Single -Family Residential/Mobile
Home Park
East Single -Family Residential
West I Unde'
Zoning
RMF-24, Residential Multi -Family, 24 units
per acre _ _
RMF-24, Residential Single -Family, 4 units
oer acre
RMF-24, Residential Single -Family, 4 units
per acre _
P-1, Institutional
Request: The request is to rezone the property from RSF-4, Residential Single-family/4 units per
acre to RMF-24, Residential Multi-family/24 units per acre.
Public Comment: Staff has not received any public comment.
Mailing Address: Planning Commission
113 W. Mountain Street www.fa'@ Item (ov
Fayetteville, AR 72701 Agenda Item
15-4953 American Legion
Page 1 of 18
INFRASTRUCTURE:
Streets: The subject parcel has access to Curtis Avenue. This street is an improved two-
lane asphalt street with curb/gutter and storm drainage. Any required
improvements to this street will be determined at time of development.
Water: Public water is available to the site. An 8" public main exists in the Curtis Avenue
right of way and runs in an easement along the southern property line of the
subject parcel.
Sewer: Sanitary sewer is available to the site. An 8" main runs along the northern and
western property boundaries of the subject parcel.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. This property contains 100 -year floodplain area on the
western edge of the subject parcel. This parcel does not contain any protected
streams per the Streamside Protection map. No portions of the subject parcel are
located within the Hillside/Hilltop Overlay District.
Fire: This development will be protected by Ladder 3 located at 1050 S. Happy Hollow
Rd. It is 1 mile from the station with an anticipated response time of 3 minutes to
the beginning of the development. The Fire Department anticipates 41(26 EMS —
15 Fire/Other) calls for service each year after the development is completed and
maximum build -out has occurred. Typically, this type of development usually
takes 12— 18 months, after the development is started, before maximum build -
out and the service impact to occur. The Fayetteville Fire Department does not
feel this development will affect our calls for service or our response times.
Police: The Police Department did not express any concerns with this request.
CITY PLAN 2030 FUTURE LAND USE PLAN:
The City Plan 2030 Future Land Use Plan designates this site as City Neighborhood Area. These
areas are more densely developed than residential neighborhood areas and provide a varying
mix of nonresidential and residential uses. This designation supports the widest spectrum of uses
and encourages density in all housing types. Non-residential uses range in size, variety and
intensity from grocery stores and offices to churches, and are typically located at corners and
along connecting corridors.
DISCUSSION:
FINDINGS OF THE STAFF
RECOMMENDATION: Staff recommends forwarding of RZN 15-4953 to the City Council with a
recommendation for approval based on the findings discussed herein, that the rezoning is
compatible with existing and anticipated uses in the surrounding area and is consistent with the
Future Land Use Plan.
Planning Commission
March 9, 2015
G:\ETC\Development Services Review\2015\Development Review\15-4953 RZN 1195 S.
Agenda Item 4
Curtis Ave. (Amer. Legion)\03 Planning Commission\03-09-2015\Comments and Redlines
15-4953 American Legion
Page 2 of 18
PLANNING COMMISSION ACTION: Required YES
Date: March 9.2015 O Tabled O Forwarded O Denied
Motion: Second: Vote:
CITY COUNCIL ACTION: Required YES
Date: April 7, 2015 O Approved Q Denied
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: Surrounding Land Use Compatibility: In staff's opinion, this property is
compatible with surrounding uses, which are a mixture of low and mid -
density residential developments. The adjacent property to the north Is a
multi -family development, while property to the south is in use as a mobile
home park with a density of approximatley8 units per acre. Properties to the
east are in single-family residential use. Undeveloped land adjacent to the
west is zoned P-1, Institutional; staff does not anticipate negative impacts to
the surrounding property as a result of this rezoning.
Land Use Plan Analysis: City Plan 2030 Future Land Use Plan designates
this site as City Neighborhood Area. This designation supports a wide
spectrum of residential uses and encourages density in housing types such
as the proposed zone will allow.
2 A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: In staff's opinion, the requested RMF-24 zoning district is justified at this
time, as the surrounding property is currently a mixture of low and mid -
density residential development within the RMF-24 zone.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property RMF-24 is not likely to increase traffic danger or
congestion in this location, although the request is for a zone that will allow
a higher intensity of development and use than the low density that is
currently allowed under RSF-4 zoning. 15th Street is an improved 4 -lane
Principal Arterial and state highway, and has ample capacity to serve this
property. An existing signalized Intersection at Curtis Avenue and 15th street
will serve a large proportion of traffic in and out of this property.
Planning Commission
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15-4953 American Legion
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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: Rezoning the property from RSF-4 to RMF-24 will Increase the potential
population density, but is unlikely to undesirably increase the load on public
services. The Police Department expressed no objections to the proposal.
The Fire Department does not feel that this zoning will negatively affect
service times to area.
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;
Finding: If the rezoning should be approved, the RMF-24 zoning and recent lot split
may create a condition in which it is difficult to meet the requirement for 50%
Minimum Buildable Street Frontage (UDC 161.14(H) because of the proposed
odd -shaped parcel. The applicant has been made aware of the requirement
during the Technical Plat Review process.
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
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code sections 161.07 & 161.14
• Fayetteville Fire Department comments
• Request Letter
• City Plan 2030 — Future Land Use Plan map
• Current Land Use Map
• Close Up Map
• One Mile Map
Planning Commission
G:\ETC\Development Services Review\2015\Development Review\15.4953 RZN 1195 S March 9, 2015
Agenda Item 4
Curtis Ave. (Amer. Legion)\03 Planning Commission\03-09-2015\Comments and Redlines
15-4953 American Legion
Page 4 or 18
UNIFIED DEVELOPMENT CODE CHAPTER 161 ZONING REGULATIONS
161.07 District RSF-4, Residential Single -Family — Four Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the
development of low density detached dwellings in suitable environments, as well as to protect
existing development of these types.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-familydwellin s
Unit 41
Accessory dwellings
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility
facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications
facilities
Unit 44
Cottage Housing Development
(C) Density.
Single-
Two-family
family
dwellings
dwelling s
7 or less
Units per
4 or less
acre
(D) Bulk and area regulations.
Single-
Two-family
family
dwellings
dwellings
Lot minimum
70 ft.
80 ft.
width
Lot area
8,000 sq. ft.
12,000 sq.
minimum
ft.
Planning Commission
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Agenda Item 4
Curtis Ave. (Amer. Legion)\03 Planning Commission\03-09-2015\Comments and Redlines
15-4953 American Legion
Page 5 of 18
Land area per
8,000 sq. ft.
6,000 sq. ft.
dwelling unit
Hillside
60 ft.
70 ft.
Overlay District
Lot minimum
width
Hillside
8,000 sq. ft.
12,000 sq.
Overlay District
ft.
Lot area
minimum
Land area per
8,000 sq. ft.
6,000 sq. ft.
dwelling unit
(E) Setback requirements.
Front I
Side
Rear
15 ft. j5ft.
15 ft.
(F) Building height regulations.
Building Height 45 ft.
Maximum
Height regulations. Structures in this District are limited to a building height of 45 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; Ord. 5462, 12-6-11)
Planning Commission
March
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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
Singj-famJjy dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
Unit 44
Cottage Housing Development
(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 11
Manufactured home park
Unit 12
Limited business
Unit 25
Professional offices
Unit 24
Home occupations
Unit 36
Wireless communications
facilities
(C) Density.
Units per acre I 24 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home
100 ft.
park
Lot within a
50 ft.
Manufactured home
park
Single-family
60 ft.
Two-family
60 ft.
Planning Commission
March 9, 2015
G:Agenda
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Three or more
90 ft.
Professional offices
100 ft.
(2) Lot area minimum.
Manufactured home
park
3 acres
Lot within a mobile
home park
4,200 sq. ft.
Townhouses:
Development
Individual lot
10,000 sq. ft.
2,500 sq. ft.
Single-family
6,000 sq. ft.
Two-family
7,000 sq. ft.
Three or more
9,000 sq. ft.
Fraternity or Sorority
2 acres
Professional offices
1 acre
(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
A build -to
8 ft.
25 ft.
zone that is
located
between
the front
property
line and a
line 25 feet
from the
front
property
line.
Cross reference(s)--Variance, Ch. 156.
(F) Building height regulations.
Building Height j 30/45/60ft.*
Planning Commission
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Maximum -
*A building or a portion of a building that is located between 0 and 10 feet from the front
property line or any master street plan right-of-way line shall have a maximum height of 30
feet, between 10-20 feet from the master street plan right-of-way a maximum height of 45 feet
and buildings or portions of the building set back greater than 20 feet from the master street
plan right-of-way shall have a maximum height of 60 feet.
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.
(Code 1965, App. A., Art. 5(111); Ord. No, 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord, No. 4100, §2 (Ex. A), 6-16-
98; Ord. No. 4178, 8-31-99; Ord. 5028, 6-19-07; Ord. 5079, 11-20-07; Ord. 5224, 3-3-09; Ord. 5262, 8-4-09; Ord, 5312, 4-20-10; Ord.
5462, 12-6-11; Ord. 5495, 4-17-12; Ord. 5592, 6-18-13; Ord. 5664, 2-18-14)
Planning Commission
2015
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ENGINEERING SERVICES INC. ®_
1207 S. Old Missouri Rd. • P.O. Box 282 • Springdale, Arkansas 72765-0282 Ph: 479-751-8733 • Fax: 479-751-8'746
March 3, 2015
Development Services Department
City of Fayetteville, Arkansas
125 West Mountain
Fayetteville, AR 72701
RE: Rezoning Petition — RSF-4 to RMF-24
Parcel Number 765-15091-000
Dear Mr. Sir or Ma'am,
This letter is intended to serve as a narrative to accompany the rezoning petition for a portion of Parcel
Number 765-15091-000, which is located in the City of Fayetteville. The property is currently zoned
RSF-4 (Residential Single Family — Four Units per Acre), and the request is to change the zoning of the
property to RMF-24 (Residential Multi -Family - Twenty-four Units per Acre) to for allow future
development of the property. This rezoning request is being submitted concurrently with a tract split
which will divide the current tract into a western tract (Tract 1) approximately 6.8 acres in size and an
eastern tract (Tract 2) approximately 2.6 acres in size along Curtis Avenue. Only '['tact I created by the
lot split is to be rezoned, while Tract 2 will remain in the RSF-4 district.
The following paragraphs address the items required by the rezoning application instructions:
A) The property is currently owned by Shelton -Tucker -Craft Post No. 27, American Legion,
Department of Arkansas, an Arkansas non-profit corporation. The mailing address for the
property and physical address of the property are both 1195 S. Curtis Avenue, Fayetteville, AR
72701. The portion of the property included in the rezoning request is under contract for sale to
Applicant.
B) Applicant intends to develop the property following purchase as a multi -family development.
C) The proposed rezoning will be consistent with the existing uses/zoning of neighboring properties.
The property to the north of the subject tract is RMF-24, the same district as requested for the
subject tract. The property to the west is owned by the City of Fayetteville (Habitat for Humanity
Park Land) and is zoned P-1, which is compatible with the requested zoning. The property south
and southwest of the tract being rezoned is all RMF-24, the same zoning requested for the subject
property. The property immediately east of the subject property, which includes the American
Legion Post facilities, is zoned RMF-24, but is not used as single family property. The property
includes a large parking area and a building and is used primarily for the meetings and activities
of the non-profit organization, a use compatible with the requested zoning. Phase II of Heritage
East Subdivision is located further east, across Curtis Avenue from the subject property. This
development is also zoned RMF-24, the target zoning for the subject property. The primary
zoning of the adjacent properties is therefore Rls4F-24, and the requested zoning change will be
consistent with existing land use and zoning in the area.
Si Jerry W aliP.P. n. . Philip C. 1lumbord, CE.. PL.S. [7rinn 1. Moore Rh. Tim 1. Mays L'E.
va.mnn.,f .Fe IF.... RmWmu Vi.P2.lAoo, Sevcury lrcauvu
ENGINEERING SERVICES INC. R
Cam sion
March 9, 2015
Agenda Item 4
15-4953 American Legion
Page 10f 18
Fayetteville Development Services Department
March 3, 2015
Page 2
No development is currently proposed for the property. No signage or traffic disruption or issues
are therefore anticipated related to the rezoning request. Prior to any development, a Large Scale
Development will be submitted to the City of Fayetteville for review and approval as required by
ordinance, and will address any potential issues related to signage, traffic, and appearance.
D) There are existing water and sewer lines in the area which can serve the property. A 14" water
main crosses the northeast comer of the subject property, and an 8" water main runs along a
portion of the southern boundary of the property. An 8" sewer main runs along the west boundary
of the subject property.
E) The Future Land Use 2030 information on the City of Fayetteville's GIS site indicates the
property has been identified for use as "Social, Institutional, or Infrastructure -Related Activities".
The properties to the north and south, both of which arc zoned RMF-24, are also slated for this
use. The property west of the parcel to be rezoned is identified "Natural Resource -related
Activities". The Heritage East Subdivision across Curtis Avenue is planned to be used for
"Residential Activities".
F) The applicant has agreed to purchase the property with the intent to develop it in the future. He is
requesting the property be rezoned to the same district as the other properties in this area in order
to facilitate development. The rezoning will provide the applicant assurance the property will he
eligible for development at some time in the future as a multi -family development within the
framework provided in the city's ordinances. Without this assurance, applicant will not be able to
complete the purchase of the property. The rezoning isjustificd and needed at this time in order to
facilitate the purchase of the property.
G) This property is located along Curtis Avenue, which will provide the primary access to the
property. There are no immediate plans for development, and the total number of units included
in any development is unknown. At this time, applicant is requesting only a zoning change and
any future development will be required to undergo the plan review process and will be subject to
all city ordinances and regulations pertaining to development activities. No impact to traffic is
anticipated as a result of the requested zoning change and any impact to traffic following
development will likely be minor due to the small size of the property relative to the existing
developments in the area.
H) The proposed rezoning is not anticipated to undesirably increase the load on public services such
as schools, water, or sewer. Information regarding the availability of water and sewer
infrastructure in the area is included above. The total acreage of the subject property is very small
relative to the size of the existing RMF-24 properties adjacent to the subject property.
I) The property is currently zoned RMF-4, which "is designed to permit and encourage the
development of low density detached dwellings in suitable environments, as well as to protect
existing developments of these types". Low density single family homes are not compatible with
the existing uses to the north and south of the subject property. The requested zoning will allow
for future development which is more compatible with the area.
asi terry W bt do PF. Phfiil ( H shard PE, PIP. Brlan]. Moore PR. I'm J. Play :PH
C M1�IV, loflo:11 „Id, "J. 7iluoe emq 1
ENGINEERING SERVICES INC. '
annlngComnisson
March 9, 2015
Agenda Item 4
15-4953 American Legion
Page 11 of 18
Fayetteville Development Services Department
March 3, 2015
Page 3
Please do not hesitate to contact me if you have any questions regarding this application or need anything
further.
Thank you, 1�
r
Daniel Lazenby
Enclosures
casl ) ChY W. Martin, B P.E. Philip C. Humbard, P.E., PL.5. Brian]. Moore, P.G. Sc J. Mays. BE.
Gry W at art n, R Pntb., n]. Moore, Sc F;] ry : Mays.
FE
s
ENGINEERING SERVICES INC. • /G`d 1�1 Sion
March 9, 2015
Agenda Item 4
15-4953 American Legion
Page 12 of 18
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Marc 9, 2015
g n a Item 4
15-4953 American Legion
Page 13 of 18
The City of F ayet.teville Fire Department
303 W. Center St. Fayetteville, AR. 72701
Phone (479) 575-8365 Fax (479) 575-0471
To:
Quin Thompson, Engineering Services INC
From:
Will Beeks Assistant Fire Marshal
Date:
January 27, 2015
Re:
RZN 15-4953
This development will be protected by Ladder 3 located at 1050 S. Happy Hollow Rd.
It is 1 miles from the station with an anticipated response time of 3 minutes to the beginning of the
development.
The Fire Department anticipates 41(26 EMS -15 Fire/Other) calls for service each year after the
development is completed and maximum build -out has occurred. Typically, this type of development
usually takes 12-18 months, after the development is started, before maximum build -out and the service
impact to occur.
The Fayetteville Fire Department does not feel this development will affect our calls for service or our
response times.
If you have any questions please feel free to contact me.
Captain Will Beeks
Fayetteville Fire Department
Honor, Commitment, Courage;
Our people make the difference!
Planning Commission
March 9, 2015
Agenda Item 4
15-4953 American Legion
Page 14 of 18
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AMERICAN LEGION
SUBJECT PROPERTY
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Footprints 2010
Hillside -Hilltop Ov rlay District
E ^! Design Overlay Di trict
Design Overlay Di trict
a 125 250 500 750 1.000
------ Planning Area Feel
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Planning Commissio
March 9, 2015
15-4953 American Legion
Page 1601 18
15-4953 American Legion
Page 17 of 18
15-4953 American Legion
Page 18 of 18
CITY POLICE DEPt}RTMEN`T"
Garner, Andrew
From:
Fields, Jamie
Sent:
Monday, March 16, 2015 11:19 AM
To:
Garner, Andrew
Subject:
RE: Concern with criminal activity related to a rezoning
Attachments:
Area Query.xisx
Andrew,
Last week, I had the Community Policing Division run the above listed numbers for me.
Sergeant Craig Stout, who is Corporal Kevin Phillips' immediate supervisor, told me it was difficult to determine what
problems, if any, the rezoning would create. He said it is more practical to look at building development to make
recommendations than it is to look at rezoning and know what will be built In the long run. I spoke with Captain William
Brown, probably the most experienced officer we have at making recommendations of this type, and he said based on
the proposal, it would be unlikely more than one hundred total units would be built, and that number would not likely
negatively impact the load on police services and/or the increase in traffic danger and/or congestion, the two areas the
police department has historically looked for.
I reached out to Sergeant Creston Mackey, who supervises the Criminal Investigation Division, and Lieutenant Tim
Franklin, who supervises morning shift patrol, and while they are familiar with the area in question, they both feel it
would be difficult to predict what type of potential crime problem may be associated based on the rezoning request
alone. Do you know what type of building the developers plan to do here? (Will it be an extension of income -based
housing, such as Southmont?)
Jamie
Ext 3510
From: Garner, Andrew
Sent: Tuesday, March 10, 2015 8:31 AM
To: Fields, Jamie
Cc: Thompson, Quin
Subject: Concern with criminal activity related to a rezoning
Captain Fields,
At last night's Planning Commission meeting, several neighbors near the American Legion Post on Curtis Ave. expressed
concern with a proposed rezoning of the American Legion Post's baseball field for multi -family development. I indicated
to the members of the public that before this item was heard at the City Council meeting we would contact the Police
Department to get your thoughts on criminal activity in the area and any concerns you may have with this proposed
rezoning.
When you or your staff get a chance could you please review the attached rezoning request and provide us any
comments that we can pass along to the City Council regarding these issues.
Thanks,
Andrew
Andrew Garner, AICP
City Planning Director
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 15-4953, FOR
APPROXIMATELY 6.8 ACRES, LOCATED AT 1195 SOUTH
CURTIS AVENUE FROM RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE TO RMF-24, RESIDENTIAL
MULTI -FAMILY, 24 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 an RSF-4, Residential Single
Family, 4 Units per Acre, to RMF-24, Residential Multi -Family, 24 Units per Acre, 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.
PASSED and APPROVED this day of , 2015.
APPROVED: ATTEST:
By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT 'A'
15-4953
RZN15-4953 AMERICAN LEGION
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Future Trails
O RZN15-4953 1.'
e�lb, FayetteviIle City Li flits
Footprints 2010
Hillside -Hilltop Overlay District
L _! Design Overlay Di trict
Design Overlay Di trict
0 125 250 500 750 1,000
------ Planning Area Feel
EXHIBIT `B'
15-4953
TRACT 1 SURVEY DESCRIPTION (PROPERTY BEING REZONED
A PART OF THE SOUTHEAST QUARTER (SE ¼) OF THE NORTHEAST QUARTER (NE Y<)
OF SECTION TWENTY-TWO (22), TOWNSHIP SIXTEEN NORTH (T -16-N), RANGE THIRTY
WEST (R -30-W) OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT; THENCE
ALONG THE EAST LINE OF SAID FORTY, N02°40'44"E A DISTANCE OF 654.40 FEET TO A
POINT; THENCE LEAVING SAID EAST LINE, N86°43'02"W A DISTANCE OF 12.75 FEET TO
A SET IRON PIN WITH CAP "PLS 1439"; THENCE N86°43'02"W A DISTANCE OF 50.00
FEET TO THE POINT OF BEGINNING AND THE WESTERN RIGHT OF WAY OF CURTIS
AVENUE (50 FOOT, 25 FEET EITHER SIDE OF CENTERLINE), BEING SET IRON PIN WITH
CAP "PLS 1439"; THENCE N86°43'02"W A DISTANCE OF 745.85 FEET TO A SET IRON PIN
WITH CAP "PLS 1439"; THENCE N02°51'00"E A DISTANCE OF 546.55 FEET TO A FOUND
1" PIPE; THENCE S86°43'05"E A DISTANCE OF 280.47 FEET TO A SET IRON PIN WITH
CAP "PLS 1439"; THENCE S03°16'55"W A DISTANCE OF 21.21 FEET TO A SET IRON PIN
WITH CAP "PLS 1439"; THENCE S80°39'29"E A DISTANCE OF 112.35 FEET TO A SET IRON
PIN WITH CAP "PLS 1439"; THENCE S63°26'53"E A DISTANCE OF 99.97 FEET TO A SET
IRON PIN WITH CAP "PLS 1439"; THENCE S30°28'57"E A DISTANCE OF 127.82 FEET TO A
SET IRON PIN WITH CAP "PLS 1439"; THENCE S04°47'32"W A DISTANCE OF 317.83 FEET
TO A SET IRON PIN WITH CAP "PLS 1439"; THENCE S86°43'02"E A DISTANCE OF 103.22
FEET TO A SET IRON PIN WITH CAP "PLS 1439"; THENCE N63°16'58"E A DISTANCE OF
80.00 FEET TO A SET IRON PIN WITH CAP "PLS 1439"; THENCE S86°43'02"E A DISTANCE
OF 30.00 FEET TO THE SAID WESTERN RIGHT OF WAY OF CURTIS AVENUE BEING A
SET IRON PIN WITH CAP "PLS 1439"; THENCE ALONG SAID WESTERN RIGHT OF WAY,
S02°47'25"W A DISTANCE OF 90.00 FEET TO THE POINT OF BEGINNING.
SAID TRACT OR PARCEL OF LAND CONTAINING 6.81 ACRES (296,477 SQUARE FEET),
MORE OR LESS.
P.O. BOX 607. FAYETTEVILLE, AR, 72702 • 479-442-1700 • FAX: 479-695-1118 e WWW.NWADG.COM
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat Gazette, printed and published in
Washington and Benton County, Arkansas, and of bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ordinance 5760
Was inserted in the Northwest Arkansas Democrat
Gazette on:
April 16, 2015
Publication Charges: $ 77.82
ar n Caler
Subscribed and sworn to before me
This ls* day of 91-1-L,
2015.
Notary Public
My Commission Expires:
CATHY WILES
**NOTE** Arkansas • Benton County
LntMy
tary Public • Comm# 12397118
Please do not pay from Affidavit. Invoice will beCommission Expires Feb 20, 2024
RECEIVED
APR 27 2045
crnv°s exs oFpit