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Home My WebLink About2014-02-24 - Agendas Environmental Action Committee Agenda i 1 February 24, 2014, 5:30 — 7:00 pm ayve e le ARKANSAS Room 326 — City Hall 1. Welcome and Introduction 2. 2014 EAC Goals and Topics 3. Enduring Green Network Recommendation — Rezoning Request for (6350 W. SELLERS RD./WINDSOR, 513): Submitted by BLEW AND ASSOCIATES for property located at 6350 WEST SELLERS ROAD. The property is zoned RSF-2, RESIDENTIAL SINGLE-FAMILY, 2 UNITS PER ACRE and contains approximately 34.44 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 UNITS PER ACRE. 4. Other Discussion or Announcements (Potential) 2014 Goals and Topics for EAC • Getting our Energy Improvement District up and running to help our residents save money and reduce their energy usage • Safeguarding the vitality of downtown by making sure that our new parking deck has liner buildings consistent with our Dover Kohl Master Plan and the 2030 City Plan. • Putting together a downtown (including S School) revitalization plan that promotes local businesses, includes affordable housing, and improves walkability and transit • Rewriting our solid waste chapters to reduce or divert 80% of our waste • Revising our development codes to require Low Impact Development Best Management Practices to protect our watershed • Finding funding and support for our Fayetteville Forward groups to keep doing the great work that they've been doing • Getting our Urban Agriculture ordinance passed and expanding our community garden program • Increasing opportunities for small business development and incremental sprawl repair by improving our mobile vending ordinance • Supporting our Transportation Committee's efforts to design and implement an effective public transportation system • Continuing to advocate for sidewalk and infrastructure improvements in Ward 1 • Looking for opportunities to preserve Kessler Mountain and put it into the public trust • Developing and supporting policies that promote living wage jobs. (Potential) 2013 Goals and Topics for EAC Complete or In Progress - Reduce styrofoam use in restaurants and Reduce Plastic Bag Use—Terri, Angie, Connie - Policy for reclamation of partial completed or foreclosed developments and underutilized parking within Fayetteville—Peter, Richard, Lori - Impact fees for stormwater management in new development (incentives for LID) —Sarah Lewis, Richard, Angie - Speak up at meetings related to projects that affect the Enduring Green Network —All - Maintain Fayetteville's Community Wildlife Habitat Certification and Green Infrastructure Workshops—Terri, Joe, Aubrey, Richard - How can EAC learn more about enviro/water protection and achieve better enforcement of construction water pollution laws within City(better City/State coordination)—Peter(learning) - Comprehensive Multi-modal Sustainable Transportation Plan—Dana, Connie - Support for Food Policy—Aubrey, Dana, Peter, Joe, Angie - Recycling& Solid Waste education, support and outreach—Richard, Connie - Open Burning—Aubrey - Urban Forester Report about Canopy loss—Sarah Lewis - Utilize regularly scheduled City Council tour time (every other Monday at 4:30) for EAC tours—Peter - Residential and Commercial Energy Codes (Peter) - Drainage Criteria Manual (Peter) - Invasive Plant Species (All) Goals added by Sarah Marsh - HERS rating disclosure on all properties at the point of sale or rent - Compliance with Dark Skies initiative (I think we have an ordinance for this on the books but perhaps it need strengthening or better enforcement) - Plastics reduction program to include plastic bag ban and nominal charge for paper bags,non-recyclable/biodegradable take-out container ban, and working with local businesses such as grocery stores to reduce packaging. - Improved maintenance of existing sidewalks—perhaps this could be a public education campaign to remind people that they are responsible for trimming brush that blocks sidewalks - Waste inventory of local businesses and manufacturing facility—let's identify what is being thrown away and see if we can grow new industries that can use it as a source material - Enhanced recycling services, especially plastics - A better smoking ban - Improved storm water management to reduce flooding events, especially in South Fayetteville near South Duncan Street Tayve ele ARKANSAS PC Meeting of February 24, 2014 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Quin Thompson, Current Planner THRU: Andrew Garner, Planning Director DATE: February 19, 2014 RZN 14-4619: Rezone (6350 W. SELLERS RD./WINDSOR, 513): Submitted by BLEW AND ASSOCIATES for property located at 6350 WEST SELLERS ROAD. The property is zoned RSF-2, RESIDENTIAL SINGLE-FAMILY, 2 UNITS PER ACRE and contains approximately 34.44 acres. The request is to rezone the property to RSF-4,RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE. Planner: Quin Thompson BACKGROUND: Property Description: The subject property contains approximately 34.44 acres and is located at the northeast corner of Double Springs Road and Sellers Road and is zoned RSF-2. The property was under construction for a 28-lot subdivision within the City of Farmington Planning Area, prior to it being annexed into the City of Fayetteville in 2006. Construction has long ceased on the property with streets initially cut and curb, gutter, base, and a water line installed several years ago, but since left vacant. As shown in Table 1, the surrounding property is undeveloped and agricultural/rural residential. Table 1 Surrounding Land Use and Zoning Direction I Land Use Zoning North Rural residential/pasture RSF-1; R-PZD (expiredproject) South Rural residential/undeveloped RSF-1 East Undeveloped/rural residential RSF-1 West Pasture/rural residential City of Farmington April 23, 2007 Planning Commission: The Planning Commission denied the applicant's request to rezone 13.38 acres of the total 34.44 acres from RSF-2 to RSF-4, Residential Single Family Four Units per Acre. January 16, 2007 City Council: The City Council rezoned the subject property from R-A, Residential Agricultural to RSF-2, Residential Single Family Two Units per Acre. December 11, 2006 Planning Commission: The Planning Commission denied the applicant's request to rezone the subject property to RSF-4, and instead forwarded the rezoning to the City Council with a recommendation to rezone the property to RSF-2, Residential Single Family Two Units per Acre G:IETOI)evelopment Services Review 12014 Oevelopmen t Reviewll4-4619 RZN 6350 Sellers(Windsor)W3 Planning Commission 102-24- 20141Comments and Redlines November 27, 2006 Planning Commission: The request to rezone the property to RSF-4 was tabled at the request of the applicant at the November 27, 2006 Planning Commission meeting for the applicant to get more feedback from staff on their recommendation for denial. Public comment was heard at that meeting with several property owners in the vicinity commenting that they were opposed to the proposed rezoning to RSF-4 due to the rural residential nature of the area and existing established large lots and low density. Subsequent to that meeting the applicant submitted plats to the City indicating that a subdivision (Sellers Subdivision) had been approved across the street from the subject property, and also submitted a sewer plan for connection of the subject property to City sewer. However, these projects have not commenced. City of Farmington Approval: The Dunnerstock Subdivision was approved and platted through the City of Farmington in the Farmington Planning Area for a 28 lot subdivision with individual septic systems for each lot. The infrastructure for this subdivision was partially installed prior to 2006 when streets were cut and curb, gutter, gravel base, and the water line installed. City of Fayetteville Annexation: The City of Fayetteville approved annexation of the subject property by general election on October 16, 2006 and officially accepted the property into the City on November 21, 2006. This land was automatically rezoned to Residential-Agricultural (R-A) as part of the annexation process. Request: The request is to rezone the property from RSF-2 to RSF-4, Residential Single-Family, 4 units per acre. Public Comment: Staff has not received public comment. RECOMMENDATION: Finding that the proposal is in direct conflict with the City's Future Land Use Plan designation as a Rural Residential Area and Natural Area, which encourages low density development in any form, and protection of the adjacent stream and floodplain, staff recommends denial of RZN 14- 4619. The proposed RSF-4 zoning would increase density in this sensitive environmental area directly adjacent to Goose Creek and exacerbate suburban sprawl in an area with insufficient infrastructure. Impacts from extension of utilities and development under RSF-4 would generate greater environmental impacts than RSF-2. This includes an increased amount of impervious surface and resulting runoff directly into Goose Creek. Goose Creek is in the Illinois River Watershed, an impaired waterbody on the Environmental Protection Agency's 303(d) list. G:IETCIDevelopment Services Review 12014 1 Developmen tReview114-4619 RZN 6350 Sellers(Windsor)103 Planning Commission 102-24- 20141Commenls and Redlines PLANNING COMMISSION ACTION: Required Date: February 24, 2014 O Tabled O Forwarded O Denied Motion: Second: Vote: CITY COUNCIL ACTION: Required Date: March 18,2014 OApproved O Denied INFRASTRUCTURE: Streets: The site has access to Double Springs Road, an unimproved two lane road with open drainage ditches. Double Springs Road is designated as a Minor Arterial on the Master Street Plan. The site also has frontage along Sellers Road, a very narrow, unimproved two lane road with open drainage ditches. Sellers Road is designated as a Collector on the Master Street Plan. Improvements to adjacent streets will be determined at time of future development. Water: Adequate public water for fire protection is not available to the property. There is a 4" water main that runs along the west side of Double Springs Road, however, a water main extension will be required in order for adequate flow to be provided to the subdivision. Sewer: Sanitary sewer is not available to the site. The applicant has stated intention to extend sanitary sewer to the development since the property has been annexed into the city. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. This property is affected by the 100-year floodplain and the Streamside Protection Ordinance. Goose Creek runs across the southeast corner of the property. In this area Goose Creek is protected by the streamside protection ordinance and has an associated zone A floodplain per FEMA floodplain mapping. Fire: The Fire Department did not express any concerns with this request. Police: The Police Department did not express any concerns with this request. G:IETCIDevelopment Services Review 12014Oevelopment Review114-4619 RZN 6350 Sellers(Windsor)103 Planning Commissionl02-24- 20141Comments and Redlines CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as a Rural Residential Area and Natural Area. Rural Residential Areas recognize existing low-density, large lot residential development, but are identified to encourage the conservation and preservation of woodlands, grasslands, or agricultural lands that are sparsely settled. They may or may not have adequate street and water infrastructure or public services, such as police and fire, to support urban or suburban densities and development patterns nor should these services be expanded to accommodate further growth unless they are in line with the following guiding principles: Guiding Policies: a. Allow and encourage historical agricultural and related uses to continue and to occur as permanent land uses within planned developments. b. If developed, encourage alternative development patterns, such as conservation or cluster development types, to achieve compatibility with surrounding rural areas. C. Foster a culture that supports local food production on a variety of scales. d. Encourage, preserve and protect viable agribusinesses such as orchards, berry farms and small scale produce yielding businesses that provide goods for the local market. Natural Areas consist of lands approximating or reverting to a wilderness condition, including those with limited development potential due to topography, hydrology, vegetation or value as an environmental resource. These resources can include stream and wildlife corridors, as well as natural hubs and cores, as identified in the FNHA study, many of which make up the backbone of the enduring green network. A Natural Area designation would encourage a development pattern that requires conservation and preservation, prevents degradation of these areas, and would utilize the principles of low impact development for all construction. This property was designated as a Residential Area on the 2025 Future Land Use Plan. However, City Council policy decisions including the rezoning of this property to RSF-2 as opposed to RSF-4, along with new regulations related to protection of the environment including the Streamside Protection Ordinance and the Low Impact Development stormwater treatment influenced the designation of this site as a Natural Area with the adoption of City Plan 2030 in 2011. 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: The proposed zoning for single-family use at four units per acre is not compatible with adjacent and nearby agricultural and rural residential uses. The City Plan 2030 designates this area as a Rural Residential Area and Natural Area. The proposed density is not consistent with either the Future Land Use Plan or the existing density allowed on the surrounding undeveloped properties, would create a spot zone, and encourage future sprawling development patterns in surrounding areas. Rezoning this G:IETCIDevelopmenl Services Review 120141 Development Reviewl14-4619 RZN6350 Sellers(Windsor)W3 Planning Commission 102-24- 2014ICommenls and Redlines property RSF-4 adjacent to property zoned RSF-1 and City of Farmington does not promote a development pattern desired on the periphery of the city in this rural area. Staff finds that the zoning request is not consistent with land use planning objectives, principles and policies. Additionally, the proposal is in direct conflict with the City's Future Land Use Plan designation as a Natural Area, which encourages low density development in any form, and protection of the adjacent stream and floodplain. The proposed RSF-4 zoning would increase density in this sensitive environmental area directly adjacent to Goose Creek and exacerbate suburban sprawl in an area with insufficient infrastructure. Impacts from extension of utilities and development under RSF-4 would generate greater environmental impacts than RSF-2. This includes an increased amount of impervious surface and resulting runoff directly into Goose Creek. Goose Creek is in the Illinois River Watershed, an impaired waterbody on the Environmental Protection Agency's 303(d) list. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed zoning is not justified at this time. The proposed zoning would result in an isolated area of RSF-4 surrounded by rural residential and agricultural uses and either RSF-1 zoning., City of Farmington, and an expired residential Planned Zoning District that was originally intended in a cluster development pattern and large amounts of preserved open space. The configuration of the proposed property to be rezoned is not appropriate given the surrounding land uses. The previously approved subdivision on the property with 28 lots (approximately 1.2-acres per lot) has a greater degree of compatibility than the proposed RSF-4 zoning. The immediate vicinity does not currently have the type of density or zoning requested by the applicant. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The additional density under the proposed RSF-4 zoning will create a fairly substantial increase in the amount of traffic in the surrounding rural area. The property to be rezoned adjoins Double Springs Road along the western property line which provides a major north-south connection with Wedington Drive and is not improved to its City of Fayetteville Master Street Plan designation as a Minor Arterial. Sellers Road is an unimproved road along the southern property line. To develop at the maximum proposed density would produce approximately 1,380 vehicle trips per day (34.44 acres x 4 units/acre = 138 units = 1,380 average daily vehicle trips) compared to 280 vehicle trips per day if the previously approved 28-lot subdivision were developed under an RSF-2 zoning. G:IETCIDevelopmenl Services Review W141Development Reviewll4-4619 RZN 6350 Sellers(Windsor)W3 Planning Commission 102-24- 20141Commenls 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: The proposed zoning would increase population density from that zoning currently in place. The 34.44 acre tract under an RSF-2 zoning designation allows for a maximum of 69 single family residential dwelling units. With the proposed RSF-4 designation, a maximum of 138 single-family dwelling units would be permitted, resulting in the potential increase of 69 residential units. This change in zoning will substantially increase the possible number of residential units and is not in keeping with existing land uses and density in the surrounding area. There is not adequate water, sewer, or street infrastructure to support the densities that would be allowed under the proposed zoning. Increased load on public services were taken into consideration and recommendations from Engineering, Fire, and Police Departments are included in this report. 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 C:IBTCIDevelopmentServices Review 120141Development Review114-4619 RZN6350 Sellers(Windsor)103 Planning Commission 102-24- 20141Commenls and Redlines Unified Development Code Chapter 161: Zoning Regulations 161.06 District RSF-2, Residential Single-Family—Two Units Per Acre (A) Purpose. To provide a single-family dwelling transition zone between single-family neighborhoods that have developed with larger lot sizes(one acre and over)and areas that have developed with smaller lot sizes (8,000 sq. ft.), and 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. (C) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (D) 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 24 Home occupations Unit 36 Wireless communications facilities Unit 44 I Cottage Housing Develo ment (E) Density. Units per acre 2 (F) Bulk and area regulations. Lot width minimum 100 ft. Lot area minimum 17,860 Sq. Ft. Land area per dwelling unit 17,860 S _. Ft. (G) Setback requirements. Front Side I Rear 30 ft. 15 ft. 1 30 ft. (H) Building height regulations. Buildin Hei ht 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). (1) Building area. None. (Code 1991,§160.045;Ord. No.3792,§4,5-17-94;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.5462, 12-6-11) G:IETCIDevelopment Services Review 120141 Development Reviewll4-4619 RZN 6350 Sellers(Windsor)I03 Planning Commission 102-24- 2014ICommenls 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 Accesswy 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 Two-family dwellin s dwellin s Units per acre 4 or less 7 or less (D) Bulk and area regulations. Single-family Two-family dwellings dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 8,000 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. Front Side Rear 15 ft. 5 ft. 15 ft. (F) Building height regulations. G:IETCIDevelopmenl Services Review l2014 Oevelopmen t Reviewll4-4619 RZN 6350 Sellers(Windsor)W3 Planning Commission 102-24- 2014IComments and Redlines BuildinHei ht 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) G.1F,T00evelopment Services iteview120140eveloprment RevimPU4-4614 RGN6350 Seller's(Windsor)103 Planning CommirsionIO2-24- 20MCommenrs and Redlines Blew 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.blewine.com To whom it may concern, Our client has acquired the land at the corner of Double Springs Rd. and Sellers Rd. on the west side of Fayetteville. This property was previously submitted to the city as Windsor subdivision and went through the planning process but was never completed. At that time the property was outside of the city limits and the property was developed without sewer(each lot had an individual septic system). This property is currently zoned RSF-2 and our client would like to rezone it to RSF-4 to allow for smaller lots. After the rezoning is approved we will be submitting a new subdivision to the city of Fayetteville,with the new development we will be bringing sewer to the property. If you have any questions please feel free to contact me. 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