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Home My WebLink AboutOrdinance 5710Doc ID: 015932090003 Type: REL Kind: ORDINANCE Recorded: 10/09/2014 at 04:15:16 PM Fee Amt: $25.00 Pape 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File2O14-00026157 ORDINANCE NO. 5710 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4803, FOR APPROXIMATELY 15.62 ACRES, LOCATED ALONG CHAMPION AND WINDSWEPT DRIVES FROM NC, NEIGHBORHOOD CONSERVATION, TO RSF-4, RESIDENTIAL SINGLE FAMILY, 4 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 NC, Neighborhood Conservation, to RSF-4, Residential Single Family, 4 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 16th day of September, 2014. A T"T 1"I. ATTEST: By: 240'V � '�5. SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN 14-4803 Close up view C-1 SUNBRIDGE DR •- •G SUMMIT PLACE S/D C&T DR - r I PERST w z J C Z Q WINDY HILL ST ¢ 0 O 3 Lu w a .. yi. •r n.. �. �. nr.n � �• .r co m OVERCRESTST LE 0: ~ 7 O ¢: � w: W rr= m �+ RSF-4 ELM ST i-egen U Z �..•••.••••.. ti-Use Trail (Existing) A = - WINBAUGH LN 't.ore Trails 1-t N 14-4803 Overviek Fayetteville City Limits L - - -' Footprints 2010 Hillside -Hilltop Overlay District Design Overlay D strict Design Overlay D strict 0 200 400 800 1,200 1,600 Planning Area f =fi:7 EXHIBIT "B" SURVEY DESCRIPTION REZONED PROPERTY A PART OF THE FRL. E1/2 OF THE NW1/4 OF SECTION 3, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING FROM THE SOUTHEAST CORNER OF SAID FRL. E1/2 OF THE NW1/4 AND RUNNING THENCE N02037'38"E 15.78 FEET AND N87002'1811W 454.49 FEET TO A 1/2" REBAR AND THE TRUE POINT OF BEGINNING; THENCE N87002'18"W 271.65 FEET TO A FOUND IRON PIN; THENCE S03028'21"W 9.31 FEET TO A FOUND IRON PIN; THENCE N86031139"W 92.43 FEET TO A FOUND IRON PIN; THENCE NO2°37'38"E 318.59 FEET TO A FOUND IRON PIN; THENCE N27°56'00"E 114.18 FEET TO A FOUND IRON PIN; THENCE N48008'59"E 381.79 FEET TO A FOUND IRON PIN; THENCE N39033'14"E 168.77 FEET TO A FOUND IRON PIN; THENCE N0902710911E 46.43 FEET TO A FOUND IRON PIN; THENCE N72°47'36"W 25.86 FEET TO A FOUND IRON PIN; THENCE N13030'46"E 147.37 FEET TO A FOUND IRON PIN; THENCE N58000'58"W 107.25 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE LEFT 91.79 FEET, HAVING A RADIUS OF 175.00 FEET (CHORD BEARING S77.36-01 "W, CHORD LENGTH 90.75 FEET); THENCE N2205010511W 100.43 FEET TO A FOUND IRON PIN; THENCE N64018'56"E 70.15 FEET TO A FOUND IRON PIN; THENCE N10°39'22"W 43.27 FEET TO A FOUND IRON PIN; THENCE S87008'18"E 62.33 FEET TO A FOUND IRON PIN; THENCE S33052'11"E 31.19 FEET TO A FOUND IRON PIN; THENCE S87022'22"E 4.85 FEET TO A FOUND IRON PIN; THENCE NO2°33'44"E 32.98 FEET TO A FOUND IRON PIN LOCATED ON THE SOUTH TOWNSHIP AVE RIGHT-OF-WAY LINE; THENCE ALONG SAID RIGHT-OF-WAY S87008'18"E 90.17 FEET TO A FOUND IRON PIN; THENCE LEAVING SAID RIGHT-OF-WAY AND RUNNING S02051'42"W 32.61 FEET TO A FOUND IRON PIN; THENCE S87022'22"E 4.85 FEET TO A FOUND IRON PIN; THENCE N39007'27"E 30.50 FEET TO A FOUND IRON PIN; THENCE S87008118"E 157.48 FEET TO A FOUND IRON PIN; THENCE N30°36'03"E 9.04 FEET TO A FOUND IRON PIN LOCATED ON THE SOUTH TOWNSHIP AVE RIGHT-OF-WAY LINE;THENCE ALONG SAID RIGHT-OF-WAY S87008'18"E 73.32 FEET TO A FOUND IRON PIN; THENCE LEAVING SAID RIGHT-OF-WAY AND RUNNING S19057'37"E 329.22 FEET TO A FOUND IRON PIN LOCATED ON THE EAST LINE OF SAID FRL 80 ACRE TRACT; THENCE ALONG SAID EAST LINE S02037'38"W 640.98 FEET TO A FOUND IRON PIN; THENCE LEAVING SAID EAST LINE AND RUNNING S42012'08"W 235.70 FEET TO A FOUND IRON PIN; THENCE S72032'49"W 203.45 FEET TO A FOUND IRON PIN; THENCE N01050'43"W 134.54 FEET TO A FOUND IRON PIN; THENCE 13.27 FEET ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET (CHORD BEARING N89°36'32"W, CHORD LENGTH 13.27 FEET); THENCE N87022'22"W 89.50 FEET TO A FOUND IRON PIN; THENCE S02037'38"W 153.68 FEET TO THE POINT OF BEGINNING. CONTAINING 15.62 ACRES, MORE OR LESS, SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. Washington County, AR I cerlity this instrument was Filed on 1010812014 04imle PM and recorded In Real Estate 57 File Number 20 Kyle Sylvester - Circui le by City of Fayetteville Staff Review Form 2014-0387 Legistar File ID 9/16/2014 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jesse Fulcher 8/14/2014 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: RZN 14-4803: Rezone (INTERSECTION OF CHAMPION AND WINDSWEPT DRIVES/SUMMIT PLACE S/D, 329): Submitted by BLEW AND ASSOCIATES for property located ALONG CHAMPION AND WINDSWEPT DRIVES. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 15.62 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE. Account Number Project Number Budgeted Item? NA Does item have a cost? Budget Adjustment Attached? Previous Ordinance or Resolution # Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance No Item Cost NA Budget Adjustment Remaining Budget Fund Project Title $ 0 (ENTERED vzoTamto Approval Date: EiTEAEO Q �- 3.2Q�y CITY OF a Y ARKe vi le ANSAS MEETING OF SEPTEMBER 16, 2014 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, Planning Director FROM: Jesse Fulcher, Senior Planner DATE: August 26, 2014 SUBJECT: RZN 14-4803: Rezone (INTERSECTION OF CHAMPION AND WINDSWEPT DRIVES/SUMMIT PLACE S/D, 329): Submitted by BLEW AND ASSOCIATES for property located ALONG CHAMPION AND WINDSWEPT DRIVES. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 15.62 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE. RECOMMENDATION: The Planning Commission and City Planning Staff recommend approval of an ordinance to rezone the property to RSF-4, Residential Single-family, 4 Units/Acre BACKGROUND: The property is zoned NC, Neighborhood Conservation, and contains 15.62 acres within the overall 30.13 acres of the Summit Place subdivision. This subdivision is approximately 500 feet east of College Avenue on the south side of Township Street. The site is within the Hillside Hilltop Overlay District (HHOD), is heavily wooded and contains significant topography change. The final plat for the Summit Place Subdivision was filed of record on January 22, 2008. This final plat created 50 single family lots. The property was rezoned in 2011 from RSF-4 to NC, Neighborhood Conservation and the property was re -platted into smaller lots in 2012, increasing the number of single family lots from approximately 50 to 123. Access is only currently available from Township Street. City Plan 2030: Staff finds that the RSF-4 zoning district is consistent and compatible with surrounding land uses as well as the policies and goals of City Plan 2030. The City Plan 2030 Future Land Use Map designates this area as 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 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Compatibility: The property is surrounded on three sides by residential development. The proposal to rezone the property back to RSF-4 will allow approximately half of the property to be continue to be developed for residential use consistent and compatible with surrounding land uses, albeit with larger lots sizes and front building setbacks instead of a build -to zone. DISCUSSION: On August 25, 2014 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 8-0-0. BUDGETlSTAFFIMPACT: N/A Attachments: CC Ordinance Exhibit A Exhibit B Planning Commission Staff Report ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4803, FOR APPROXIMATELY 15.62 ACRES, LOCATED ALONG CHAMPION AND WINDSWEPT DRIVES FROM NC, NEIGHBORHOOD CONSERVATION, TO RSF-4, RESIDENTIAL SINGLE FAMILY, 4 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 NC, Neighborhood Conservation, to RSF-4, Residential Single Family, 4 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 APPROVED: By: LIONELD JORDAN, Mayor day of 2014. ATTEST: SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN14-4803 SUMMIT PLACE S/D Close Up View C-1 SUNBRIDGE DR c RMF-241A 3 ' RMFdO o SUBJECT PROPERTY 4 �. S W P N I CL ra low CQLT [N'. PEFl- ST U� > C.z ¢ o WINDY HILL ST a o° -iAp[t � 3 haP N I = a U m OVERCREST ST ❑ : o �2 > ee - N: Z to ¢ tr- v O i] D a O ¢ 2: ¢rKU)- u1- g� m RSF-4 FLh1 S T Legen CP = Z M Iti-Use Trail (Existing) WINBAUGH LN :'MMIA'ATF ture Trails Z:N 14-4803 C Vervie�vFayetteville City Limits Footprints 2010 Hillside -Hilltop Ov E)rlay District Design Overlay D strict Design Overlay D strict 0 200 400 800 1,200 1,600 ------ Planning Area Feet EXHIBIT "B" SURVEY DESCRIPTION REZONED PROPERTY A PART OF THE FRL. E1/2 OF THE NW1/4 OF SECTION 3, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING FROM THE SOUTHEAST CORNER OF SAID FRL. E1/2 OF THE NW1/4 AND RUNNING THENCE NO2°37'38"E 15.78 FEET AND N87°02'18"W 454.49 FEET TO A 1/2" REBAR AND THE TRUE POINT OF BEGINNING; THENCE N87002'18"W 271.65 FEET TO A FOUND IRON PIN; THENCE S03°28'21 "W 9.31 FEET TO A FOUND IRON PIN; THENCE N86031'39"W 92.43 FEET TO A FOUND IRON PIN; THENCE NO2°37'38"E 318.59 FEET TO A FOUND IRON PIN; THENCE N27056'00"E 114.18 FEET TO A FOUND IRON PIN; THENCE N48008'59"E 381.79 FEET TO A FOUND IRON PIN; THENCE N39033'14"E 168.77 FEET TO A FOUND IRON PIN; THENCE N09027'09"E 46.43 FEET TO A FOUND IRON PIN; THENCE N72047'36"W 25.86 FEET TO A FOUND IRON PIN; THENCE N13°30'46"E 147.37 FEET TO A FOUND IRON PIN; THENCE N58000'58"W 107.25 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE LEFT 91.79 FEET, HAVING A RADIUS OF 175.00 FEET (CHORD BEARING S77°36'01 "W, CHORD LENGTH 90.75 FEET); THENCE N22050'05"W 100.43 FEET TO A FOUND IRON PIN; THENCE N64018'56"E 70.15 FEET TO A FOUND IRON PIN; THENCE N10°39'22"W 43.27 FEET TO A FOUND IRON PIN; THENCE S87008'18"E 62.33 FEET TO A FOUND IRON PIN; THENCE S33°52'11 "E 31.19 FEET TO A FOUND IRON PIN; THENCE S87022'22"E 4.85 FEET TO A FOUND IRON PIN; THENCE N02033'44"E 32.98 FEET TO A FOUND IRON PIN LOCATED ON THE SOUTH TOWNSHIP AVE RIGHT-OF-WAY LINE; THENCE ALONG SAID RIGHT-OF-WAY S87008'18"E 90.17 FEET TO A FOUND IRON PIN; THENCE LEAVING SAID RIGHT-OF-WAY AND RUNNING S02051'42"W 32.61 FEET TO A FOUND IRON PIN; THENCE S87022'22"E 4.85 FEET TO A FOUND IRON PIN; THENCE N39°07'27"E 30.50 FEET TO A FOUND IRON PIN; THENCE S87008'18"E 157.48 FEET TO A FOUND IRON PIN; THENCE N30°36'03"E 9.04 FEET TO A FOUND IRON PIN LOCATED ON THE SOUTH TOWNSHIP AVE RIGHT-OF-WAY LINE;THENCE ALONG SAID RIGHT-OF-WAY S8700818"E 73.32 FEET TO A FOUND IRON PIN; THENCE LEAVING SAID RIGHT-OF-WAY AND RUNNING S19°57'37"E 329.22 FEET TO A FOUND IRON PIN LOCATED ON THE EAST LINE OF SAID FRL 80 ACRE TRACT; THENCE ALONG SAID EAST LINE S02037'38"W 640,98 FEET TO A FOUND IRON PIN; THENCE LEAVING SAID EAST LINE AND RUNNING S42012'08"W 235.70 FEET TO A FOUND IRON PIN; THENCE S72032'49"W 203.45 FEET TO A FOUND IRON PIN; THENCE N01050'43"W 134.54 FEET TO A FOUND IRON PIN; THENCE 13.27 FEET ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET (CHORD BEARING N89°36'32"W, CHORD LENGTH 13.27 FEET); THENCE N87022'22"W 89.50 FEET TO A FOUND IRON PIN; THENCE S02037'38"W 153.68 FEET TO THE POINT OF BEGINNING. CONTAINING 15.62 ACRES, MORE OR LESS, SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. CITY OF ay evi le ARKANSAS TO: THRU: FROM: MEETING DATE PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, Planning Director Jesse Fulcher, Senior Planner August 25, 2914 Updated August 26, 2014 SUBJECT: RZN 14-4803: Rezone (INTERSECTION OF CHAMPION AND WINDSWEPT DRIVES/SUMMIT PLACE S/D, 329): Submitted by BLEW AND ASSOCIATES for property located ALONG CHAMPION AND WINDSWEPT DRIVES. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 15.62 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN 14-4803 to City Council with a recommendation for approval. BACKGROUND: The property is zoned NC, Neighborhood Conservation, and contains 15.62 acres within the overall 30.13 acres of the Summit Place subdivision. This subdivision is approximately 500 feet east of College Avenue on the south side of Township Street. The site is within the Hillside Hilltop Overlay District (HHOD), is heavily wooded and contains significant topography change. The site transitions from 1,310 feet above mean sea level (AMSL) in the northwest corner to a hilltop located at 1,500 feet AMSL in the southeast corner of the site, an elevation change of approximately 200 feet. Slopes vary in percent gradient from 10% to greater than 20%. The final plat for the Summit Place Subdivision was filed of record on January 22, 2008. This final plat created 50 single family lots. The property was rezoned in 2011 from RSF-4 to NC, Neighborhood Conservation and the property was re -platted into smaller lots in 2012, increasing the number of single family lots by from approximately 50 to 123. Access is only currently available from Township Street. The surrounding zoning and land uses are depicted in Table 1. Table 1 - Surroun ing Zoning and Land Use Direction Land Use Zoning from Site North Multi- and single-family RMF-40, Residential Multi -Family Forty Units Per residential; Commercial Acre/C-2, Thoroughfare Commercial South Undeveloped, scattered RSF-4, Residential Single -Family Four Units Per Acre residences East Single family residential RSF-4, Residential Single -Family Four Units Per Acre West Commercial (College Avenue C-2, Thoroughfare Commercial commercial corridor Mailing Address: 113 W Mountain Street wwwfayetteville-argov Fayetteville, AR 72701 Request: The request is to rezone the property from NC, Neighborhood Conservation to RSF-4, Residential Single-family/4 Units per Acre. The applicant has stated that the rezoning will allow the property to be developed with a variety of lot sizes and some homes with deeper setbacks than the NC zoning district requires. Public Comment: Staff has not received public comment. INFRASTRUCTURE: Streets: The site has two access points to Township Street, an improved Collector. Any improvements to this streets would be determined at time of development. A cost share for turn lane widening is anticipated. Water: Public water is accessible to the site. An 8-inch water main exists in the public streets throughout the subdivision. All lots are served with water. Sewer: Sanitary sewer is available to the site. An 8-inch sewer main exists in the streets and behind some downhill lots in the subdivision. All lots are served with sewer. 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 or the Streamside Protection Ordinance. However, the majority of the project is located in the Hillside/Hilltop Overlay District. Fire: This development will be protected by Engine 4 located at 3385 Plainview. It is 2 miles from the station with an anticipated response time of 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 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as 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 DISCUSSION: FINDINGS OF THE STAFF RECOMMENDATION: Staff recommends that RZN 14-4803 be forwarded to the City Council with a recommendation for approval. GAETC\Development Services Review\2014\Development Review\14-4803 RZN Champion or & Windswept or (Summit Place SD)\ 03 Planning Commission\08-25-2014\Comments and Redlines PLANNING COMMISSION ACTION: Required YES Date: August 25, 2014 O Tabled J Forwarded O Denied Motion: Cook Second: Winston Vote: 8-0-0 CITY COUNCIL ACTION: Required YES Date: O Approved O 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: This property has been developed with utility and street infrastructure and subdivided into single family lots, and a few homes have been built or are in the process of being built in the neighborhood. The proposal to rezone the property back to RSF-4 will allow approximately half of the property to be continue to be developed for residential use consistent and compatible with surrounding land uses, albeit with larger lots sizes and front building setbacks instead of a build -to zone. The City Plan 2030 Future Land Use Map designates this area as Residential Neighborhood Area. This designation encourages a wide range housing types and staff finds that the proposed zoning is consistent with the Residential Neighborhood designation and the surrounding residential uses. 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 based on the developer's desire to introduce a potentially different single family building and lot type than permitted under the current NC zoning. The developers' request in 2011 to rezone the property to NC was intended to generate interest in smaller more affordable lots, which has occurred. The applicant has indicated that development on these smaller lots has generated interest in building larger homes on larger lots on other portions of this subdivision. The current NC zoning designation does not permit homes to be set back from the road. The NC zoning requires homes to be built close to the street and into a build -to zone in contrast to what the developer has indicated is desired on this property. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The NC zoning permits up to 10 dwellings units per acre and the RSF-4 zoning district permits up to four dwelling units per acre, reducing the potential traffic generation from this subdivision with this rezoning. G:\ETC\Development Services Review\20140evelopment Review\14-4803 RZN Champion Dr & Windswept Dr (Summit Place SD)\ 03 Planning Commission\08-25-2014\Comments and Redlines 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 NC to RSF-4 will reduce the allowable density from 10 units/acre to four units/acre. The rezoning would reduce the load on public services. The Police and Fire Departments have expressed no objections to the proposal. 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 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code sections 161.07 & 161.26 • Request Letter • Site Plan • One Mile Map • Close Up Map • Current Land Use Map • Future Land Use Map GAETC\Development Services Review\20141Development Review\14-4803 RZN Champion Dr & Windswept Dr (Summit Place SD)\ 03 Planning Commission\08-25-2014\Comments and Redlines 161.07 District RSF-4, Residential Single -Family — Four Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (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 dwellin s Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housin Development (C) Density. Single-family dwellings Two-family dwellings Units 2er acre 11 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 8,000 sq. ft. 12,000 sq. ft. minimum 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 GAETC\Development Services Review\2014\Development Review\ 14-4803 RZN Champion Dr & Windswept Dr (Summit Place SD)\ 03 Planning Commission\08-25-2014\Comments and Redlines (E) Setback requirements. Front Side Rear 15 ft. 5 ft. 15 ft. (F) Building height regulations. 11 Buildin2 Height Maximum 1 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) GAETC\Development Services Review\2014\Development Review\ 14-4803 RZN Champion Dr & Windswept Dr (Summit Place SD)\ 03 Planning Commission08-25-2014\Comments and Redlines 161.26 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted uses. Unit 1 City- ide 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 rec clable 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 Famil 40 ft. Two Family80 ft. Three Family90 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 property line. Side 5 ft. G:\ETC\Development Services Review\2014\Development Review\ 14-4803 RZN Champion Dr & Windswept Dr (Summit Place SD)\ 03 Planning Commission\08-25-2014\Comments and Redlines Rear 15 ft. Rear, from center 12 ft. ine of an alley (F) Building height regulations. Building Height Maximum 145 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) GAETC\Development Services. Review\2014\Development Review\ 14-4803 RZN Champion Dr & Windswept Dr (Summit Place SD)\ 03 Planning Commission\08-25-2014\Comments and Redlines Biew , :1 Associates, P.A. Civil Engineers Professional Land Surveyors 524 W. Sycamore Street Suite #4 Fayetteville, AR 72703 PH: 479-443-4506 * FAX: 479-582-1883 http://www.blewinc.com July 16, 2014 Planning Commission Members RE: Summit Place Re -Zoning TMS Development, Inc is proposing to re -zone the Eastern half of the existing Summit Place Subdivision, from its current zoning of NC (Neighborhood Conservation) back to its original zoning of RSF-4. The previous rezoning of the property from RSF-4 to NC was at the owners request to generate interest in smaller more affordable lots, this rezoning was accepted by the City in 2011, part of that rezoning was to allow for phased development to help the developer incur costs at a later date. That rezoning spurred an interest in the property, as they have begun building houses in Phase I of the subdivision which has been recorded and Final Platted. This interest however has also spurred interest for larger houses, that are possibly set back farther from the road than what the current NC zoning allows. To allow for both types of housing to continue, and to have a smooth transition no changes are being requested to the property or its current NC zoning West of and not connected to Marwood Ave. This includes Lots 1-8 and 99-112 (22 Lots) of the Summit Place Preliminary Re -Plat that will be final platted at a later date (See EXl ). The request for rezoning of the Property East of and connected to the Marwood Ave Entrance to RSF-4 includes lots 9-81 (72 Lots) of the Summit Place Preliminary Re -plat or Lots 1 and 22-50 of the original Summit Place Final Plat (Less Lot 32 which has never changed) or 28 Lots with water & sewer already in place (See EX2). The proposed lots will be similar to the original lots along the front, except the required right-of-way will be provided. Part of the original rezoning the owner established a conservation easement at the rear of all the Lots, this was obviously tied to the increased density but will not be included in this proposed RSF-4 zoning as the larger houses will be set farther back from the Right -of -Way. Vegetation densities will remain in tact though as the number of Lots have dropped significantly in this Zoning area. As is shown on the attached zoning map it fits in quite well as it was originally zoned RSFA. The proposed zoning will be a benefit relating to traffic as it is 44 less lots than the proposed Re -Plat. We will gladly work with the City on any assurances they need to move this re -zoning forward. Regards, Eric Heller Blew & Associates, PA 479-443-4506 eric@blewinc.com RZN14-4803 SUMMIT PLACE S/D One Mile View I1fiNQLD ST O Rai F zi BWARCI_IFF ST . 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PA RICIA LN RSF a 1E 120 (�� e � D- S✓". tii -•1 lg � RS' l NS=a �i�I Ra t RSF.4 r J'KANtN y,]N • 1roGUnI Embre Trails sRA1Fd4� F9x 4 RS-a RSF a Rsi R OR a0: •�: 4_ Overview Legend Hillsde-Hilltop Overlay District �� ❑ Subject Property _ - Design Overlay District Boundary ' Plan ing Area Fay tteville 0.25 0.5 1 M les RZN 14-4803 Future Land Use 5u�v6�lE;.;E ❑f�t La R71V]Lt 1511'1!�j - Futu 7_Tv ] 4.;141 ay?flea I Its f� 'URE ' USE 2030 SS - t gl Ne�yhball,aoa A<<:;; SUMMIT PLACE S/D y SUBJECT PROPERTYlu N a TOWNSHIPS jUorhood ArBa n'ler Area CM%16mplete Neighborhood Pli n - Civic and Private Open Spa elParks - Civic Institutional Non -Municipal Government ROW Design Overlay District Design Overlay District 0 200 400 ---- Planning Area PEEL ST 000'� O aaWINDY HILL ST A D oJ LU a m OVERCREST ST o `2 > Z m�z o v� o 0 a af g m ELM ST WINBAUGH LN 800 1,200 1,600 Feet NORTHWEST ARKANSAS DEMOCRATGAZEITE NORTHWEST ARKANSAS DALE THE MORNINGMORNIEWSOFSPRINOROGERS NEWSPAPE16LLC THNORTH ESTNG ARK OF STIMES NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 727021479-442-17001 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville - Ordinance 5710 Was inserted in the Regular Editions on: Sept. 25, 2014 Publication Charges: $ 51.88 — ( � 0 �� Kare Caler Subscribed and sworn to before me This Z,j day of ,, , 2014. 0:�� W11', Notary Public , / My Commission Expires: Nzv 04- CATHY WILES Arkansas - Benton County Notary Public - Comm#T 12397118 My Commission Expires Feb 20, 2024 * *NOTE* * Please do not pay from Affidavit. Invoice will be sent. RECEIVED SEP 2 6 2014 CITY OF FAY ETTEVILLE CITY CLERK'S OFFICE