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HomeMy WebLinkAboutOrdinance 5804File Number: 2015-0438 RZN 15-5179 (324 N. HORNSBY DR./MARKHAM HILL REZONE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15- 5179, FOR APPROXIMATELY 1.39 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION, AND 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 RSF-4, Residential Single Family, 4 Units Per Acre to NC, Neighborhood Conservation, and 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 City Council of the City of Fayetteville, Arkansas hereby accepts the Bill of Assurance from the applicant and relies upon this Bill of Assurance in making this rezoning decision. The Bill of Assurance is attached as Exhibit "C" to this ordinance. 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. nnnrl PASSED and APPROVED on 10/6/2015 Lioneld Page i CSS Y OF Attest: _�' FAYETTEVILLE Sondra E. Smith, City Clerk Treasurer Printed on 101//15 �- 'Kind IDORINANCE..... 470004 Type: REL RecordedD: 10/16/2015 at 02:32:44 PM Fee Amt: $30.00 Pape 1 of 4 Washington County, AR Kyle Svlvester Circuit Clerk File2015-00029578 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5804 File Number: 2015-0438 RZN 15-5179 (324 N. HORNSBY DR./MARKHAM HILL REZONE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15- 5179, FOR APPROXIMATELY 1.39 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION, AND 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 RSF-4, Residential Single Family, 4 Units Per Acre to NC, Neighborhood Conservation, and 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 City Council of the City of Fayetteville, Arkansas hereby accepts the Bill of Assurance from the applicant and relies upon this Bill of Assurance in making this rezoning decision. The Bill of Assurance is attached as Exhibit "C" to this ordinance. 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. nnnrl PASSED and APPROVED on 10/6/2015 Lioneld Page i CSS Y OF Attest: _�' FAYETTEVILLE Sondra E. Smith, City Clerk Treasurer Printed on 101//15 EXHIBIT 'A' 15-5179 RZN15-51791 MARKHAM HILL REZONE Close Up View HALSELL RD MARKHAM RD Legend a W Shared -Pse Paved Trail a ......•• Neighborhood/Parlk Trail s 9gftral Surface Trail = RZN15-5179 L _ _ - Fayetteville City Li its _ Footprints 2010 Design Overlay Di tric Design Overlay Di ,tris ------ Planning Area RSFa ALLEY 223 �B, HOTZ DR 0 75 150 300 450 600 Fcet P.1 EXHIBIT 'B' G U-11-1 1►&7 Legal Description of Markham Hill Houses: Rezone to RSF-8 Lot 3, Hornsby Addition; Lot 2, Hornsby Addition Rezone to Neighborhood Conservation Lots 1&2, Block 2, Smith Addition; Lot 3, Block 2, Smith Addition; Lot 4, Block 2, Smith Addition; and Block 2, Lot 6, Smith Addition. EXHIBIT "Cit F.XMBff SILL OF ASSURANCE FOR TIIECITU or FAYK'I"MVILLK ARKANSAS In order to attempt to obtain approval of a request for a zoning nxrlassifstrtiuit, clic owner, develapee. or buyer of chi, pngx:ny, Ihercioaher"Petitioner 1 Brian fieiodl hereby voluntarily offers this Rill of A`iimme and enters into this binding agnxnx:nr and contract with the City of Fayetteville. Arkansas I he Petitioner expressly grants to the 01y of F.,yetteville the right to enforce any and all of the teras of this Bill of Assurance in the Circuit Chun of Hlashingtun County anti agMes that if Petitiottcr or Petitionef s heirs, assigns, or successes. violate any terms of this Bill of Aseur. ncr.. sutr. tanual ir.rpwmhle damaro: jumifying injunctive relief has boon done to the citizens and City of Fayetteville. Arkmvn s. 'f low prtknowr acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely npnn all of the terms and conditions within this Rill of Assumnee in considering whether to approve Petidooefs rezoning request Petitioner hereby voluntarily offers assurances that Petitioner and Potitionefs property .ball be restricted as follows IF Pedtionef s femlaing is apprnved by the Fayrucvillc City Council_ I. The use of the Petitioners property shall be limited to Single Family Uctached units. Multit:uzdly and or Duplex unite will not be. allowed. 2. Ulher restrictions including uumberanJ type. of strutaures upon the.. property an: Iinuird to IO+ingle family houses. 3.S}xcilic activities will not be alloued uptrrt petitioners pnTvily inchding Ibc drvclolmmni and or construction of Muhifamily Buildings and Duplexes. A. Petitioner .W, i Really agnx� slut all snch resvletiats and tent a shall run with the land and hind all futum owners unless and until specifically released by Rcsniutian of the Fayemville City Council. This Rill of Amoranceshall hL filed for record in the Washington County Circuit Clerk's Office after Petitirnxr's rezoning is effective and shall be noted on any Fi ntd flat or Latero Scule Dcvclopmcnt which includes some cu all of Potitinncr's pmperry. IN 14ITNLM 1WIU:dtliOF and in agreement with all the terms and conditions stated above.1. Brian Reindl. as the owner, devahtper. rx buyvr (Fetitioner) voluntarily o5w such assurances and sign my name below_ -I f georpl get,)0 if Doc FrintrJ Name. 504; iw. SPS-t.,1,S'f.�5j�-31= f'PullYn" W' F lddtnss State of Arkansas County of WaAi ngrna Sigliaturc Notary Oath MGH" LSM Ltr(1A*A! 1,72t91195 a Expai S Mut' 1B.7L2i Wwhtyan Cony And now on this clue q t day of20I.S, apl> ,mJ hrfcrrr. me --J I u C LA _ 1 t•,1 a Notary Public, and after being placed upon his/her oath savor nied that MJshe. armd with the.. terms of the Boll of Assurawe and signed hi dher nano• abuve. ' l lto _ , Punic 144 Crnnmi,.'inn l,ixptres, Washington County, AR I certify this Instrument was filed on 10118/2015 02:32:44 PM and recorded In Real Estate File Number 2 028¢78 Kyle Sylveste -Cir it IDelVc by City of Fayetteville, Arkansas 113 West Mountain Street .� Fayetteville, AR 72701 (479)575-8323 l li+i Text File — File Number: 2016-0438 Agenda Date: 10/6/2015 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 8 RZN 15-5179 (324 N. HORNSBY DR./MARKHAM HILL REZONE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5179, FOR APPROXIMATELY 1.39 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION, AND 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 RSF-4, Residential Single Family, 4 Units Per Acre to NC, Neighborhood Conservation, and 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 City Council of the City of Fayetteville, Arkansas hereby accepts the Bill of Assurance from the applicant and relies upon this Bill of Assurance in making this rezoning decision. The Bill of Assurance is attached as Exhibit "C" to this ordinance. 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. City o1 Fayetteville, Arkansas Page 1 Printed on 10/7/2015 City of Fayetteville Staff Review Form 2015-0438 Legistar File ID 10/6/2015 City Council Meeting Date- Agenda Item Only N/A for Non -Agenda Item Jeremy Pate Submitted By 9/18/2015 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: RZN 15-5179: Rezone (324 N. HORNSBY DR./MARKHAM HILL REZONE, 482): Submitted by BRIAN REINDL for properties located at 324 & 334 N. HORNSBY DR. AND 309, 325, & 333 N. SMITH RD. The properties are zoned RSF- 4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.39 acres. The request is to rezone the properties to NC, NEIGHBORHOOD CONSERVATION, and RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ Current Balance S Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF • aye evi e ARKANSAS MEETING OF OCTOBER 6, 2015 TO: Fayetteville City Council FROM: Jesse Fulcher, Senior Planner CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, City Planning Director DATE: September 18, 2015 SUBJECT: RZN 15-5179: Rezone (324 N. HORNSBY DR./MARKHAM HILL REZONE, 482): Submitted by BRIAN REINDL for properties located at 324 & 334 N. HORNSBY DR. AND 309, 325, & 333 N. SMITH RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.39 acres. The request is to rezone the properties to NC, NEIGHBORHOOD CONSERVATION, and RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the property to NC, Neighborhood Conservation and RSF-8, Residential Single Family, 8 Units per Acre subject to a Bill of Assurance. BACKGROUND: - The subject property is between Hornsby Drive and Smith Avenue, which are located across Razorback Road from the University of Arkansas football stadium and football practice facilities. The University owns the properties to the east and south and the properties to the west are developed with privately owned single-family homes. The request is to rezone Lots 2 and 3 of the Hornsby Addition to RSF-8, Residential Single-family, 8 Units per Acre (0.50 acres) and Lots 1-4 and 6 of the Smiths' Addition to NC, Neighborhood Conservation (0,73 acres). The applicant intends to demolish the existing homes and subdivide the property for development of new single-family homes. The applicant has also submitted a Bill of Assurance restricting the use of the properties to single-family detached units only. Land Use Compatibility: In staff's opinion, the zoning request is compatible with surrounding land uses, which are single- family homes to the north and west and University owned parking and sports facilities to the east. Land Use Plan Analysis: City Plan 2030 Future Land Use Plan designates this site as Residential Neighborhood Area. This designation supports a wide spectrum of residential uses and encourages density in all housing types. The RSF-8 and Neighborhood Conservation zoning districts allow 4,000 and 5,000 square foot lots, which is compatible with surrounding properties and continues to expand on the diversity of single-family lot sizes in the neighborhood, a primary goal of City Plan 2030. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: On September 14, 2015 the Planning Commission forwarded this item to the City Council with a recommendation for approval by a vote of 9-0-0. At the meeting one adjoining property owner spoke against the request, discussing that the rezoning would adversely impact the character of the neighborhood. BUDGET!STAFF IMPACT: N/A Attachments: CC Ordinance Exhibit A Exhibit B Planning Commission Staff Report CITY OF V��Ie PLANNING COMMISSION MEMO ay TO: City of Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Jesse Fulcher, Senior Planner MEETING DATE: Ccptcmbcr 14, 2016 September 16, 2015 SUBJECT: RZN 15.5179: Rezone (324 N. HORNSBY DR.IMARKHAM HILL REZONE, 482): Submitted by BRIAN REINDLfor properties located at 324 & 334 N. HORNSBY DR AND 309, 325, & 333 N. SMITH RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.39 acres. The request is to rezone the properties to NC, NEIGHBORHOOD CONSERVATION, and RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN 15-5179 to the City Council with a recommendation for approval. BACKGROUND: The subject property is between Hornsby Drive and Smith Avenue, which are located across Razorback Road from the University of Arkansas football stadium and football practice facilities. The University owns the properties to the east and south and the properties to the west are developed with privately owned single-family homes. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land U_se and zoning, Direction from Site Land Use _ Zoning. North Single -Family Residential RSF-4. Residential Sin-gle-Family_ South Single -Family Residential RSF-4, Residential Single -Family East University of Arkansas RSF-4. Residential Single -Family__ West Single -Family Residential RSF-4, Residential Single -Family -- Request: The request is to rezone Lots 2 and 3 of the Hornsby Addition to RSF-8, Residential Single-family, 8 Units per Acre (0.50 acres) and Lots 1-4 and 6 of the Smiths' Addition to NC, Neighborhood Conservation (0.73 acres). The applicant intends to demolish the existing homes and subdivide the property for development of new single-family homes. The applicant has also submitted a Bill of Assurance restricting the use of the properties to single-family detached units only. Public Comment: Staff has received no public comment. Mailing Address; Planning Commission Se tuber 14 2015 113 W. Mountain Street www.fayett&l ye Fayetteville, AR 72701 15-5179 Markham Hill Page I of 28 INFRASTRUCTURE: Streets: The properties have direct access to Hornby Drive, Markham Road and Smith Avenue. Hornsby is a partially improved road with existing curb and gutter and sidewalk at the back of the curb. Smith is essentially unimproved with only one small section of sidewalk. Markham is fully improved on the south side of the street, but there is no curb and gutter or sidewalk on the north side of the street. Any required street improvements will be determined at the time of development. Water: Public water is available to the site. There is a 6" public main along Hornsby, a 1.5" main along Markham, a 1" main along Smith and a 1.5" main between the subject lots. Sewer: Sanitary sewer is available to the site. There are 8" mains along all three streets. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. This property is not affected by the 100 -year floodplain. This property does not contain any protected streams per the Streamside Protection map. Fire: This development will be protected by Engine 2 located at 708 N. Garland Avenue. It is 1.1 miles from the station with an anticipated response time of 2.5 minutes to the beginning of the development. 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 2025 FUTURE LAND USE PLAN: The property is designated as a Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single family, multifamily and rowhouses. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhood, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features in the natural environment. FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Surrounding Land Use Compatibility: In staffs opinion, the zoning request is compatible with surrounding land uses, which are single-family homes to the north and west and University owned parking and sports facilities to the east. Land Use Plan Analysis: City Plan 2030 Future Land Use Plan designates this site as Residential Neighborhood Area. This designation supports a wide spectrum of residential uses and encourages density in all housing types. The RSF-8 and Neighborhood Conservation zoning districts allow Planning Commission G:\ETC\nevelopment Services Review\2O15\Development Review\15-5179 RZN September 14, 2015 (Markham Road/Rob Sharp)\03 Planning Commission\09-14-2015\Comments and Agenda Item 16 Redlines 15-5179 Markham Hill Page 2 of 28 4,000 and 5,000 square foot lots, which is compatible with surrounding properties and continues to expand on the diversity of single-family lot sizes In the neighborhood, a primary goal of City Plan 2030. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed rezoning is justified at this time, as the proposed zoning will allow appropriate infill development in an area adjacent to high -Intensity land uses. The applicant has also indicated in the application that the desire is to construct up to 10 new single-family homes on the properties 3. A determination as to whether the proposed zoning would create or appreciably Increase traffic danger and congestion. Finding: Rezoning the property RSF-8 and Neighborhood Conservation will not likely Increase traffic danger or congestion In this location, although the request is for a zone that will allow a higher density of development than the low density development that is currently allowed under RSF-4 zoning. 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 RSF-8 and Neighborhood Conservation 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; 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 Planning Commission G,\ETC\Development Services Review\2015\Development Review\15-5179 RZN September 14, 2015 (Markham Road/Rob Sharp)\03 Planning Commisslonm09-14-2015\Comments and Agenda Item 16 Redlines 15-5179 Markham Hill Page 3 of 28 RECOMMENDATION: Staff recommends forwarding RZN 1'5-5179 to City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES / Date: September 14, 2015 O Tabled D Forwarded O Denied Motion: Chesser Second Selby Vote: 9-0-0 CITY COUNCIL ACTION: Required YES Date: October 6, 2015 O Approved ❑ Denied BUDGETISTAFF IMPACT: None Attachments: • Unified Development Code sections 161.07, 161.09 and 161.26 • Bill of Assurance • Site Plan and Request Packet • Plats for Hornsby and Smith's Additions • One Mile Map, Close -Up Map, Current Land Use Map, Future Land Use Map Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-5179 RZN September 14, 2015 (Markham Road/Rob Sharp)\03 Planning Commission\09-14-2015\Comments and Agenda Item 16 Redlines 15-5179 Markham Hill Page 4 o128 TITLE XV UNIFIED DEVELOPMENT CODE 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-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 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-family dwellings Two-family dwellings Units per acre 4 or less 7 or less (D) Bulk and area regulations, Single-family Two-family dwellings dwellings Lot minimum 70 ft. 80 ft. width Lot area minimum 81000 sq. ft. 12,000 sq: ft. Land area per 8,000 sq. ft 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. dwelling unit (E) Setback requirements. Ii Front Side Rear CD161:7 15 ft. )5ft. J15ft. (F) Building height regulations. Building Height Maximum 45 ft. 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) 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. (8) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Sin le -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 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. B Ri ht Single-family dwelling units per 8 or less acre (D) Bulk and area regulations. (1) Lot width minimum. Single-family 50 ft. Two-family 5011 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-familySinq-family 5,000 sq. ft. Two-family 5,000 sq. ft. Townhouse, no more than two attached 2,500 sq. ft ft (E) Setback requirements. Front Side Rear 151t. 5 ft. 5 ft. CD161:8 (F) Height regulations. Buildin Hei ht Maximum I 45 ft. I (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, 4-20-10; Ord. 5462, 12-6- 11) 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 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 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Limited Business * Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cottage Housing Development (C) Density. 10 Units Per Acre (D) Bulk and area regulations. (1) Lot width minimum. Sin le Family 40 ft. Two Family 80 It. ThreeFamily_ 90 ft. (2) Lot area minimum. 4,000 Sq. Ft. (E) Setback regulations. Front A build -to zone that is located between the front property line and a line 25 ft. from the front 12 ft. of an alley_. (F) Building height regulations. Building Height Maximum 45 ft. (Ord. 5128, 4-15-08; Ord. 5312, 4-20-10; Ord. 5462, 12-6- 11; Ord. 5592, 6-18-13; Ord. 5664, 2-18-14) CD161:22 THE CITY OF FAYETTEVILLE, ARKANSAS 1 IRE Welt GenEPAPTMENT [G] 303 West 72701 PeyetF (47e. AR 71701 P1479) F (479)575 0471 Zoning Review To: Jesse Fulcher From: Harley Hunt, Fire Marshal Date: September 8, 2015 Re: RZ N 15-5179 This development will be protected by Engine 2 located at 708 N. Garland. It is 1.1 miles from the station with an anticipated response time of 21/2 minutes to the beginning of the development. 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. Fayetteville Fire Department 'r4'e,—mmi nra₹Icys Duvlr f.=dte 0e3` 100(4791 21 12ye(rev➢=-e.AR72701 EXHIBIT 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") Brian Reindl 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 terms 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 reasonably 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: ).The use of the Petitioners property shall be limited to Single Family Detached units. Multifamily and or Duplex units will not be allowed, 2. Other restrictions including number and type of structures upon the property are limited to 10 single family houses. 3. Specific activities will not be allowed upon petitioner's property including the development and or construction of Multifamily Buildings and Duplexes. 4. Petitioner specifically agmes 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 WHEREOF and in agreement with all the terms and conditions stated above, I, Brian Reindl, as the owner, developer, or buyer (Petitioner) voluntarily offer such assurances and sign my name below. Date Printed Name Address Signature Notary Oath State of Arkansas County of Washington And now on this the day of ______,2015, appeared before Inc a Notary Public, and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the Bill of Assurance and signed his/her name above. Notary Public My Commission Expires: I,r. \ LOT 1 I I LOT 5 5,000 sq ft RSF-8 \ 6,2.54 sq ft NC (' I;.I I LOT 2 I LOT 6 5,000 sq ftRSF-8 I I 6,254 sq ft NC IL > - I J I }o LOT 3 i f m 6 I 5,000 sq ftRSF-8 I II I LOT 7 z I 5.192 sq ftNC I i I LOT 4 I LOT 8 I 5,000 sq ft RSF-8 I I 1i 5.544 sq fl NC L_ I J I I L 1 L —.. LOT9 4,012 sq ft NC LOT 10 4,012sgR NC .. � MARKHAM ROAD � 1 O 1 PROPOSED ZONING AND LOT LINE DIAGRAM z,ur'mI5 srn,e l auv w D z w I CO August 6, 2015 . 11 11T 1,. rt... WRITTEN DESCRIPTION PROPOSED REZONING FOR MARKHAM HILL HOUSES R S A The purpose of this written description is to provide information about proposed rezoning in the vicinity of Smith Avenue and Hornsby Drive, North of Markham Road. Current Ownership of the Property: Property is currently owned by Brian and Melissa Reindl, either personally or via entities controlled by Brian Reindl such as UA Properties LLC, JRL Properties LLC. No sales are pending or contemplated for the property. Reason for the Rezoning: The existing houses on the property were constructed in the late 1960s and 1970s and are reaching the end of their useful life. The existing houses require major foundation work and/or replacement of the electrical and mechanical systems, in addition to extensive general rehabilitation. Rather than spending money on outmoded houses, the owner proposes to build new houses that meet the needs of current buyers. The owner wishes to construct single-family homes in the style of the best houses in the Mt. Nord, Washington -Willow, and Wilson Park Historic Districts. The houses will be offered for sale and are designed to be owner -occupied. At the request of the Neighbors, the owner of the property has agreed to a Bill of Assurance that will limit the use to single family dwellings. Relation oJProposed Use to Existing Properties: The proposed single family use is completely consistent with the land uses to the west of the property. The use to the east of the property is surface parking lots owned by the University of Arkansas. Property to the south of the property is a fraternity house that appears to be vacant that is owned by the University of Arkansas. North of the proposed rezoning is primarily single family houses. Availability of Water and Sewer Services- Robert Sharp has met with City of Fayetteville Staff Engineer Water and Sewer are available to the site along Hornsby Drive, Markham Road, and Smith Avenue. There is also an easement that includes a 2" waterline in an easement between the parcels facing Hornsby and the parcels facing Smith Avenue. This 2" waterline may need to be replaced or upgraded. Consistency with city land use principles: The City Plan 2030 gives us guidance as to the type and character of develop that is desired for this area. Future Land Use Plan indicates that this area is to be "Residential Neighborhood Area" which encourages highly connected, compact blocks and reduced building setbacks. The proposed use is entirely consistent with the City of Fayetteville's goal of encouraging infill development while maintaining the character of existing neighborhoods. Is the proposed rezoning just fed and/or needed at the time of the request: The existing houses have reached the end of their useful life and the current owner of the property is willing to build new high quality houses in this area. Current zoning would not allow the property to be developed to the level of intensity that would allow the houses to be built in an economical manner due to the cost of the land. This land cost is driven by the proximity to the University of Arkansas and the natural character of Markham Hill. Will the proposed rezoning increase traffic in an appreciable manner? The existing zoning allows five single family houses. The proposed rezoning will allow ten single family houses. The amount of additional trips will be minimal when compared to the existing traffic volume on Markham adjacent to Razorback Drive. Will the proposed rezoning alter the population density and increase the load on public ,services? Most public services have a high fixed cost; additional users actually make the public infrastructure more efficient. Any increased burden on public infrastructure from the five additional houses will be more than offset by increased tax collection. Why is it impractical to use the current zoning? Current zoning would not allow the property to be developed to the level of intensity that would allow the houses to be built in an economical manner due to the cost of the land. 'this land cost is driven by the proximity to the University of Arkansas and the natural character of Markham 1 -till. For more information: mation: Additional information, including maps, context photos, and design sketches follows. As you have questions, comments, or thoughts on how to improve the Markham Hill Houses project, please contact Robert Sharp via c -mail at r b@shararch.nel Sincerely, Robert Sharp Robert Sharp, Architeci cc: File July 12, 2015 INFORMATION REGARDING PROPOSED REZONING FOR MARKIIAM 1111.1. HOUSES The propose of this Icuer is to provide inlixmalion fro neighbors, City of Fayetteville staff, and elected officials about a proposed rezoning of a 1.22 acre parcel bounded by Smith Avenue, Markham Road. and I lornshy Drive. 'The proximity to the University of Arkansas and the natural character of MELI khain Hill present an oppouunity to inn 1w this location as iconic as FaycueviIle's most sought-after neighborhoods. The developer wishes to construct single fancily horses in the style of the best houses in the Ml. Nord, Washington -Willow, and Wilson Park Historic Districts. The proposal is to rezone the property RSF-8 and Neighborhood Conservation (see attached Proposed Zoning Diagram), both of which prohibit commercial and multifamily development. Establishing new' owner -occupied single fancily houses at this cast boundary of the University Heights Neighborhood will help to reinforce the single family character of the neighborhood and will help to reduce future develupncent pressure for multi -family and commercial development in this area. 'The owner has elected to construct new houses on this property, because the existing houses require major foundation work and/or replacement of the electrical and mechanical systems, ill addition to extensive general rehabilitation. Proposed Rezoning: The rezoning would allow the construction of 10 single family houses on the 1.22 acre parcel. As currently designed, the sizes of the lots would range from 4,000 sq ft to 6,200 sq ft. with most of the lots being 5,000 sq ft. Lots widths would range from 45' to 69' feet, with most lots being 50' wide, Please see -attached Illustrative Site Plan for more complete information about the proposed disposition of the lots, Far more information: Additional information, including maps, context photos. and design sketches follows. As you have questions, comments, or thoughts on how to improve the Markham Hill Houses project, please contact Robert Sharp via e-mail at MI Alruu Ilat houses Rruimng hitnnn:num I elite I VICINITY MAP, MARKHAM HILL HOUSES 1.22 acre parcel, bounded by Hornsby, Smith, and Markham Markham Mill Houses Rezoning Infonnntion Leiter page 2 The owner M tile propel ty is Brian Reindl. He will also oversee conxuuction of the houses. Brian Reindl has a track record of creating high quality buildings .such as the Metro District Building and Metro District Lofts. Please see attached images: 9. I! I 1Lhi'' � r 1 r (. ....iJlr;,� Architeec The architect for the project is Robert Sharp. He has designed multiple houses in Fayetteville and the surrounding area, including Charleston Place off of Old Wire Road and the Buckley }louse next to Mount Nord: M Il Ma;khnm I I louse,. Romoiug Inlet inuliun I otter h. eL, C?urlev and Neigbbnrflu, l ('Marc re,: The lunnedimc context of the inea is extremely mixed. The liwlhell stadium and practice facilities me immediately adjacent and are enormous institutional buildings. 'There is a large anwunl of surface parking on the University of Arkansas property in the area. Ilousing in the immediate area is lypica lly 1960's and 1970's era single story ranch houses, many of which arc occupied by renters. The area is gently sloping and has extensive mature tree canopy which creates a beautiful natural setting for the neighborhood. Please see images below and on the following pages if�FJ •.•,.•. - SMITH AVENUE EXISTING HOUSES Wukhwa Hill Ilouc'. I(cinning 6diu undiun 14i1M qty ^ ����vl, ' ;y ADJACENT TO PROPOSED REZONING MnikLvm Bill Howes Running Inliu minion I cllci page H . rl MARKHAM AVENUE IMMEDIATE CONTEXT M:nkhwu Ihll Houses Reaming Ind... nolian Leltei page 9 MARKHAM AVENUE IMMEDIATE CONTEXT 11ai kLzm Bill I louses Rciollin;; Ii lbrnntlion huCi sage C Iii I' HORNSBY EXISTING HOUSES M;okh; Hill Houxr.+liciuning Inlimnxliw' Ulw, p:,ge II 1' r t ?, HORNSBY IMMEDIATE CONTEXT Markham Hill Wmscs i cuminy linlumi niun I cllci 1 -mare Land Use P1an: The City of Fayetteville City Plan 2030 identities this urea as "Residential Neighborhood Area", which envisions the following uses: "Residential Neighborhood Areas are primarily residentinl in nature and support a variety of housing types of appropriate scale and context, including single family, multifamily, and rowhouses. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhood, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features in the natural environment." Please see page 12-5 of City Plan 2030 for complete information and images. rsrarc:e'u=a Mii k I,,liii iii II li ouxex Rezoning In farnmdon Lei ler ,e 13 16 (Page 1 01 t) - Mint! (alk I. 17 :Y ( El 1 Y SLE I-.-- cteln?mo coxxtcr.''!4�-- l�� ' •.r r..n,E 1.. . knS )j .. �n-•J is )--T__� .IC�\� :3 7. _____ i Ip •j N 2 3 0 4 4 S 4. ` Ic 1. . • 3 x IA LP 110 II. 1 Ft e 5 6 hg 1»aIt ' $ - !J H e 13' J .• 1 9Y Mokon ,end +: 91y1Tf/S' AOD/T/OI} , ' THQ C/Ty OF SCALa fli. o' 1 s. Book , Page , File Number i-0000000i RZN15-5179 MARKHAM HILL REZONE One Mile View IL\IF-6 RT-@ II r /1)1 . Y. I .tree. rr LINCOCNLYp p ' I t. �I �111I h [SUBJECTPROPERTY ',,-I.. Ii5F'-2 �7:�- � J - �m� vCPZ4f 1' C-3 ! � .�\ �' Ili Y MAVNESr RSF2 RSF-A l r'I CS oo 1 .•�, rEld} a dTr I c -z �� •••;FPUeighborhood/Park r . Natural Surface Trail RMF-I2 1.1 1-2 Overview Legend Hills e -Hilltop Overlay District ""' ! Desi n Overlay District Subject Property l_ __ •It 1 Boundary _ _ "; Plan ing Area s�� � 1 ] Fay tteville �. _. 0 0.25 0.5 1 M 4es RZN15-51791 HILL REZONE Close Up View w nw0 HALSELL RD SUBJECT PROPERTY MSF 0.50 Acres to RSF-8 MARKHAM RD ALLEY 223 Legend Shared-Jse Paved Trail •----••• Neighborhood/Park Trail S4 F%t'ural Surface Trail HOfl DR 0 RZN15-5179 E ++c?j,¢lillside-Hilltop Overlay District - - -: Fayetteville City Li its Footprints 2010 {_ ! Design Overlay Di trict Design Overlay Di trict ------ 0 Planning Area �� w N O O 2 300 450 73 Acres NC 600 P -O i C f� f' Q� L t r , Y1t:c$flhii s• t7_Ll _ N _7? ));,;':.'i.T4-j - )It- _ ______ I ___ ¼. RZN 15-5179 Future Land Use Legend MARKHAM HILL REZONE 0.50 Acres to RSF-8 MARKHAM RD Shared -Use Paved Trail •••••• Neighborhood/Park Trail ••.. Natural Surface Trail Shared -Use Paved Trail •••••• Neighborhood/Park Trail - Natural Surface Trail RZN15-5179 L ' Fayetteville O�ty Limits ---• Planning Are$ _ _ -� Dcsign Overtly Districl FUTURE LANLJ'USE 2030 CSS ER IN Natural Area Rural Area c9M'ty Neighborhood Area Urban CenterArea Industrial Complete Neighborhood PI; Civic and Private Open Spa Civic Institutional Non -Municipal Government ROW ALLEY223 Di a 0 HOTZ DR w rc Di 0 e SUBJECT PROPERTY 1 3 Acres IC 0 75 150 300 450 600 Feet PO. t3L`x 1607. PAYETTEVILLE, AR. 72702 < 479-442-17OO' FAX: 479-695-1118 • W WW.N WADG.COM AFFIDAVIT OF PUBLICATION I, Cathy Wiles, 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 Ord. 5804 Was inserted in the Northwest Arkansas Democrat Gazette on: October 15, 2015 Publication Charges: $ 84.31 WA& Cathy Wiles• Subscribed and sworn to before me This 2-1 day of Oct , 2015. Notary Public My Commission Expires:1 Iv12� **NOTE** Please do not pay from Affidavit. Invoice will be sent. ASHLEY DAVIS Arkansas - Washington County Notary Public - Comm# 12694241 My Commission Expires Jul 2.2025 RECEIVED OCT 18 2015 sORbtNANCE NO. §804AN x ORDINANCE TO .;REZONj: THAT a PROP$}T! D�ESCRIB'Dz IN REZONING ; PETITION ° RZI y 15-179," FOR APPROXIMATELY 1.39 ACiiESTEROM ASF- Aft KAANSA- . 44yRESIDENJIAL SINGLE FAMILY, 4 UNITS lo-• PER ACRE,: TO NC NEIGH,BORHOOC CON$Et1VAIiION AND i Sr -a �ESIDEN'rIA;L SINGLE FA'N11LYw8 UNITSPER ACRE. S a >v£`g BE ITOf AADAIAED BYTHE GITYCOUNCILOF-TFIECITI OFFAYEFfEVILL ARKANSAS: .. •,{ ; Section 1. That the CaytCoanal of the city„gf'Fpye1te4Ila'"rVkansas hete y chan@gs4Me;zons cIassfcafion of the Mbvnngy„tlesc, ry etl-prolezly [rol RSF-4 ,Fesideqt tSdngeFamtIy A Units Per Afire tg,.NC, t ei9ttbor iogtl' Cons°4va4on and 'RF 8, R sitleMuti SingleFamily t Units acres shovm.oif.Ezhib A and B"attached heretaraYid rttade a part hereofeSr_?s S,ectr2 That the City Cpurtcil a the City at fayetteyjile, Arkansas hereb? accepts the Pill of ura tea torn the �pllcant rapes upon this Bil f. Assaraope.iimaking tjis rezoping decision The Butooft surance is aitachod as E hibtt C" to this ordinan e '- sr z'rzr 4cG, Sewn a'fliat the City 'Council :oFthe City of Fayetteville !ukensasuheere' y amends the official zoning.mapaf the City of Fayetteville to7eflect1theibning change provided in Section 1 V APPROVED141s 0th day of October, 2015 APPROV ED: ;ATTEST By: - BY' LIONELD JORDAN Mayors ,SONDHA E -SMITH' CityClerk Treasuryr�° Exhibits -for this ordinance may be Viewed in the office of thetCiiy Clerk T ue'er.