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HomeMy WebLinkAboutORDINANCE 5891.. ti,, I IIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIIII IIII III Doc ID: 017054160005 Type: REL Kind: ORDINANCE Recorded: 09/09/2016 at 09:18:38 AM Fee Amt: $35.00 Page 1 of 5 Washington County, AR 113 West Mountain Kyle Sylvester Circuit Clerk Street Fayetteville, File2016-00026308 AR 72701 (479) 575-8323 Ordinance: 5891 File Number: 2016-0308 RZN 16-5438 (1094 DRAKE ST./PENDERGRAFT): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5438 FOR APPROXIMATELY 185 ACRES LOCATED AT 1094 EAST DRAKE STREET FROM R-O, RESIDENTIAL OFFICE, R-A, RESIDENTIAL AGRICULTURAL AND C-2, COMMERCIAL THOROUGHFARE TO UT, URBAN THOROUGHFARE. 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-O, Residential Office, R-A, Residential Agricultural and C-2, Commercial Thoroughfare to UT, Urban Thoroughfare. 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 on 7/5/2016 0�C%jialif+lrr RK 1 ] ���ii i�w �\.• ..... Rcf' Jr� IF i7EVJLCF;X=_ wT r • � Attest: � yi • r NSvl, l► Sondra E. Smith, City Clerk Treasurer Page I Printed on 716116 RZN 16-5438 PENDERGRAFT Close Up View f XY12 Ir O� `,, Subject Property 00-- "sv— __ 4 ✓f Legend IL G Planning Area L e Fayetteville City Limits Shared Use Paved Trail — , Trail (Proposed) Design Overlay District Building Footprint ISLEY S1 j r IEADEC ST, n M Feet 0 225 450 900 1,350 1,800 1 inch = 623 feet NORTH 7A APPLE c M Residential -Agricultural RMF-24 Residential -Office C-2 C-3 P-1 16-5385 EXHIBIT 'B' FALLING WATERS REZONINING LEGAL DESCRIPTION: A part of the NE1/4 of Section 25, T16N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said Section 25, thence S02032'04"W 376.66 feet to the POINT OF BEGINNING; thence S02°32'04"W 727.54 feet, thence N87027'56"W 20.00 feet, thence S02032'04"W 108.23 feet, thence along a curve to the right 80.77 feet, said curve having a radius of 171.50 feet and a chord bearing and distance of S16001'36"W 80.03 feet, thence S29031'08"W 281.04 feet, thence along a curve to the right 240.07 feet, said curve having a radius of 371.50 feet and a chord bearing and distance of S48001'53"W 235.91 feet, thence S66032'39"W 762.53 feet, thence along a curve to the right 41.65 feet, said curve having a radius of 171.50 feet and a chord bearing and distance of S73030'05"W 41.55 feet, thence S80027'32"W 167.81 feet, thence along a curve to the left 127.89 feet, said curve having a radius of 128.50 feet and a chord bearing and distance of S51 °56'51 "W 122.67 feet, thence S23026'09"W 154.23 feet, thence along a curve to the right 78.75 feet, said curve having a radius of 371.50 feet and a chord bearing and distance of S29030'32"W 78.61 feet, thence S35034'56"W 410.77 feet, thence N54025'04"W 262.27 feet, thence S63029'25"W 87.30 feet, thence along a curve to the left 82.15 feet, said curve having a radius of 128.53 feet and a chord bearing and distance of S45010'45"W 80.76 feet, thence S26051'51 "VV 106.95 feet, thence S66°44'11 "E 50.10 feet, thence S26051'51 "W 333.05 feet, thence S02031'02"W 184.33 feet, thence N87028'58"W 543.25 feet, thence NO2°08'59"E 78.37 feet, thence S87030'44"E 274.66 feet, thence along a curve to the left 76.87 feet, said curve having a radius of 100.00 feet and a chord bearing and distance of N70027'57"E 74.99 feet, thence N48°26'39"E 38.91 feet, thence N31 °54'00"W 71.49 feet, thence N08022'00"W 335.71 feet, thence S78020'01"E 2.44 feet, thence N68041'50"E 50.69 feet, thence N41005'19"E 119.42 feet, thence N68018'59"E 111.78 feet, thence N46°46'09"E 129.81 feet, thence N63034'51"E 81.77 feet, thence N34016'1YE 82.98 feet, thence N42015'31"E 127.02 feet, thence N29004'45"E 153.99 feet, thence N31 °30'14"E 104.87 feet, thence N22036'15"E 149.96 feet, thence N24008'06"E 226.37 feet, thence N17°42'30"E 85.55 feet, thence N36036'49"E 103.73 feet, thence S66041'34"E 223.03 feet, thence N84034'52"E 226.46 feet, thence N55022'35"E 80.92 feet, thence N66022'11"E 126.81 feet, thence N54030'16"E 137.60 feet, thence N60005'50"E 212.34 feet, thence N73033'08"E 182.83 feet, thence N05040'12"W 74.86 feet, thence N61 °27'21 "W 143.18 feet, thence N55013'12"E 216.60 feet, thence N63006'08"E 152.12 feet, thence N34051'53"E 95.96 feet, thence N06044'08"W 119.49 feet, thence N43000'18"E 424.96 feet to the POINT OF BEGINNING: Containing 35.31 acres more or less subject to easements and right of way of record. 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 Falling Waters, LLC, 35.31 acres, (hereinafter "Petitioner") Falling Waters, LLC, 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 term 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 reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request to RSF-2. 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: 1. The Petitioner's property shall be limited to: 51 lots within the rezoned acreage. 2. All construction traffic shall access this 35.31 acre Falling Waters from the entry point at Dead Horse Mountain Road. 3. Every house built on this 35.31 acre Falling Waters property shall have two rain barrels and any downspout not connected to a rain barrel shall be equipped with pop-up emitter/diffuser for the elimination of concentrated discharge from impervious rooftop surfaces. Further, Petitioner will make reasonable efforts to incorporate low -impact development features such as bio-retention, bio-swales, rain gardens, vegetated swales, extended detention, level spreaders, and infiltration devices where practical. 4. Petitioner specifically agrees 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, Falling Waters, LLC, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. Falling Waters, LLC Managing Me ber of Carlton Holdings, LLC, whichA`s a member of Falling Water, LLC Address NOTARY OATH STATE OF ARKANSAS COUNTY OF WASHINGTON And now on this the I day of ��.t 2016, appeared before me, a Notary Public, and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurarice and signed his/her name above. NOTARY PUBLIC My Commission Expires: (0 - I0 i }; OFFICIAL SEAL - NO. 12968946 JAKE C. HELTON NOTARY PUBLIC - ARKANSAS WASHINGTON COUNTY MYCOMMISSION EXPIRES: 10-10-iB Washington County, AR I certify this instrument was filed on 09/09/2016 09:18:38 AM and recorded in Real Estate File Number.-0 00026308 Kyle Sylvest: ir"ui Clerk by City of Fayetteville, Arkansas Text File File Number: 2016-0308 Agenda Date: 7/5/2016 Version: 1 In Control: City Council Meeting Agenda Number: C. 3 RZN 16-5438 (1094 DRAKE ST./PENDERGRAFT): 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed File Type: Ordinance AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5438 FOR APPROXIMATELY 185 ACRES LOCATED AT 1094 EAST DRAKE STREET FROM R-O, RESIDENTIAL OFFICE, R-A, RESIDENTIAL AGRICULTURAL AND C-2, COMMERCIAL THOROUGHFARE TO UT, URBAN THOROUGHFARE 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-O, Residential Office, R-A, Residential Agricultural and C-2, Commercial Thoroughfare to UT, Urban Thoroughfare. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 71612016 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2016-0308 Legistar File ID 7/5/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/17/2016 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: RZN 16-5438: Rezone (1094 DRAKE ST./PENDERGRAFT, 249): Submitted by LEADERSHIP PROPERTIES, INC. for properties surrounding 1094 E. DRAKE ST. The properties are zoned R-O, RESIDENTIAL OFFICE, R-A, RESIDENTIAL AGRICULTURAL and C-2, COMMERCIAL THOROUGHFARE and contain approximately 185 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget I V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF ay%rle CITY COUNCIL AGENDA MEMO AS MEETING OF JULY 5, 2016 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner DATE: July 5, 2016 SUBJECT: RZN 16-5438: Rezone (1094 DRAKE ST./PENDERGRAFT, 249): Submitted by LEADERSHIP PROPERTIES, INC. for properties surrounding 1094 E. DRAKE ST. The properties are zoned R-O, RESIDENTIAL OFFICE, R-A, RESIDENTIAL AGRICULTURAL and C-2, COMMERCIAL THOROUGHFARE and contain approximately 185 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the properties to UT, Urban Thoroughfare as shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject properties are located between West Drake Street to the south, Interstate 49 to the north, and North Point Circle/North Garland Avenue and North Gregg Avenue on the west and east respectively. The nine properties total approximately 185 acres. There are currently three zoning districts represented among the nine properties. The two smallest ones, totaling about one acre along North Garland Avenue, are zoned C-2, Commercial Thoroughfare. The 66.6 acres that constitute the middle property of the proposed rezoning is currently R-O, Residential Office. The balance of the properties, totaling about 117 acres, is zoned R-A, Residential -Agricultural. The subject properties were all annexed in 1967 as part of a larger area that encompassed land that extends from what is now the Northwest Arkansas Mall in the northeast to Adventure Subaru in the southwest. Land Use Compatibility: The properties are located along several locally and regionally significant transportation routes. Interstate 49 to the north, and the Arterial and Collector Streets of Garland, Gregg, and Drake along the other edges of the subject properties make this site particularly suited to a more intense type of land use development. While the University of Arkansas agricultural facilities to the south are largely institutional in nature, and therefore unlikely to undergo private development, the multi -family housing and large regional medical facility to the east, and commercial land uses to the west are highly compatible with the myriad of permitted uses in an Urban Thoroughfare zoning district. This is of particular importance given the large land area of the proposed rezoning, which provides the potential to pursue a mixed -use, rather than a uniform use development. Mailing Address: 113 W. Mountain Street www.fayetteville-argov Fayetteville, AR 72701 Land Use Plan Analysis: City Plan 2030 designates the subject properties as an Urban Center Area. This designation supports a wide spectrum of residential and commercial uses, encouraging mixed -use and traditional neighborhood design for all housing types and an emphasis on large, regional commercial developments. The proposed Urban Thoroughfare zoning accommodates many of the guiding policies of the Urban Center Area. Among these are the encouragement of intensive, and mixed uses and the realization of Fayetteville's market potential. Additionally, the geographic location of the subject properties and their proximity to many of the City's transportation amenities can allow future development to align with several other goals associated with an Urban Center Area, including, but not limited to, shared parking, connectivity, promotion of alternative modes of transportation, and the creation of a regional commercial center. With borders on a major highway, existing commercial and multi -family developments, and a major employer in the form of the Washington Regional Medical Center, the subject properties rezoning to Urban Thoroughfare would allow numerous uses that are a compatible fit. From single-family and multi -family dwellings to hotels, offices, and retail of varying sizes, Urban Thoroughfare permits the necessary land uses that can both fulfill compatibility with neighboring uses, and achieve the principles of an Urban Center Area set forth in City Plan 2030. No other zoning classification outside of Fayetteville's historical core can more readily meet the goals of both residential and commercial uses being developed intensely and side -by -side. By rezoning the subject properties to Urban Thoroughfare, the potential is created for a wide mix of commercial developments and housing types in an area served by several existing and prospective transportation options. This combination creates the potential for the City at large to receive a greater social and economic return on properties that are already served by public infrastructure. DISCUSSION: On June 13, 2016 the Planning Commission forwarded the applicant's request for a rezoning to UT on the subject properties. Several Commissioners expressed hesitancy to forward a blanket zoning across a wide swathe of property, particularly in such a visible area. Commissioner Hoskins went further, drawing parallels with zoning northwards along Gregg, and development that he feels is less than ideal. A motion by Commissioner Hoffman to forward the proposal to the City Council with a recommendation for approval was made with a vote of 6-1-0 (Commissioner Hoskins voted 'no'). BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A ■ Exhibit B ■ Application ■ Planning Commission Staff Report CITY OF FAYETTEVILLE, ARKANSAS REZONING FOR STAFF USE ONLY FEE: $325.00 Date Application Submitted., Sign Fee: $5.00 Date Accepted as Complete: r (� S-T-R: ��` Case / Appeal Number: PP#: V Public Hearing Date: Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished. Application: Indicate one contact person for this request: Applicant 'L Representative Applicant (person making request): Address: F.-mall: I T (02 s4. no m !'i,nnc=(q22 1(0 L Fax: Representative (engines=r, surveyor, reallor, etc,); Nal» e- ka h 6r-f e, I lzu id Address l L f'•nulil: d a f f n pe 4i e s- Q)a) r } Fax: Site Address / Location: ti�_e i9 4d &A 1(3 q \)f\f xt Current Zoning District: Assessor's Parcel Number(s) for subject property FINANCIAL INTERESTS Requested Zoning District: iaNg N T � cc mac r-d (f March 2014 Page 1 City of Fayetteville, AR Rezoning Application A. See Attached B. This zoning request is made for the purpose of preparing the 185-acre tract for future development. No sale of the property is contemplated. C. The zoning will allow for an extensive mixed use development with maximum flexibility to locate residential, office and retail elements in a walkable lifestyle connected environment. The pedestrian friendly design will enhance the livability of the development. The property will not impact surrounding properties in a negative manner in any way. Traffic will increase over time as the project develops but multiple points of access should alleviate any congestion. Land use will be a combination of commercial and residential applications and will be planned in such a fashion as to enable residents to LIVE, WORK and PLAY in the development should they so choose. Attractive transitional designs are contemplated but not fully determined at the present time. Signage will be muted in tone and tastefully executed. D. Water and Sewer is readily available. There is a 15" sanitary sewer along Interstate 49 right of way and an 8" water line on Drake street E. The requested zoning is in keeping with the City Plan 2030 Future Land Use Map for the City of Fayetteville. F. The zoning requested is justified and needed as it is the designated City Plan 2030 Future Land Use zoning classification provided for by the City of Fayetteville. G. Ultimately the development will increase traffic due to the substantial daytime business population and the nighttime residential population. H. All development increases density especially when the property is undeveloped. This project has excellent access and is positioned perfectly for a high density development of this nature. I. Currently the property is zoned R 0, R A and C2. APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions on approval. PROPERTY OWNERS)/AUTHORIZED AGENT: Uwe certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that 1/we have read this application and consent to its filing. (If signed by the authorized agent, a letter front each property owner must be provided indicating that the agent is authorized to act on his/her behalf.) Property Owners of Record (attach additional info if necessary): Name (printedl: Drake C( f /%A Z4/�- f tn� Date-'#f ZI 7.11x "r'`anie (printed): 117� Z_Lc- Sign;itu��r t )ats•:'� �� 2�tG Rezoning Checklist: Atlach the following items to this application Address: p -0. ad"[ Phone- Address: %qS t D Phone: L��r (1) Payment in full of applicable fees for processing the application: $325.00 application fee $5.00 public notification sign fee (2) A legal description of the property to be rezoned. A survey may be required if the property description can not accurately be platted or if it is described by referring to other deeds. (3) CD containing a copy of the legal description in MS Word and all required submittal items should be also included on the CD in PDF format. (4) A copy of the county parcel map from the Washington County Assessor's office or from the Washington County website (Nvww.co.washington.ar.us). The subject property and all adjacentparcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel number for every adjacent property shall be shown on this map. March 2014 Page 2 APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. 1 understand that the City might not approve what I am applying for, or might set conditions on approval. Name ( rinted): Date: ture: PROPERTYOWNER(S) /AUTHORI7_ED AGENT: I/we certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. (If signed by the authorized agent, a letter from each property owner must be provided indicating that the agent is authorized to act on his/her behalf.) Property Owners �of'Record (attach additional info if necessary): `'y Name (print4si): Ic}�%�ti�ft Address: !` ; Signal Name (printed): Address: Signature: Phone: Date: t ) Rezoning Checklist: Attach the following items to this application: (1) Payment in full of applicable fees for processing the application: $325.00 application fee $5.00 public notification sign fee (2) A legal description of the property to be rezoned. A survey may be required if the property description can not accurately be platted or if it is described by referring to other deeds. (3) CD containing a copy of the legal description in MS Word and all required submittal items should be also included on the CD in PDF format. (4) A copy of the county parcel map from the Washington County Assessor's office or from the Washington County website (www.co.washington.ar.us). The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel number for every adjacent property shall be shown on this map. March 2014 Page 2 APPLICANT/REPRESENTATIVE: i certify under penalty of per jury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions ou approval. Name Si Date -- PROPERTY OWNER(S) /AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. (If signed by the authorized agent, a letter from each property owner must be provided indicating that the agent is authorized to act on his/her behatf.) Property Owners of Record (attach additional info if necessary): Narrrc (printed): M { n Address: P. IXZ Ph 'Ix Datc: 7v( ( /W) iVanre c rr•irttr;dl: � � r �Ci �—. � �� Date:4 2-6 Address: . 0• k qc%y5 e t e 7,.'7LY0, Phan lq& �q3 - DC41 Rezoning Checklist: Attach the, following items to this application (1) Payment in full of applicable fees for processing the application: $325.00 application fee $5.00 public notification sign fee (2) A legal description of the property to be rezoned. A survey may be required if the property description can not accurately be platted or if it is described by referring to other deeds. (3) CD containing a copy of the legal description in MS Word and all required submittal items should be also included on the CD in PDF format. (4) A copy of the county parcel map from the Washington County Assessor's office or from the Washington County website (www.co.washington.ar.us). The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel number for every adjacent property shall be shown on this map. March 2014 Page 2 CITY OF Fay% 7-11e ARKANSAS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Jonathan Curth, Senior Planner June 13, 2016 (Updated with Planning Commission results) SUBJECT: RZN 16-5438: Rezone (1094 Drake St. to Fulbright Expressway, 249): Submitted by LEADERSHIP PROPERTIES, INC. for properties surrounding 1094 E. DRAKE ST. The properties are zoned R-O, RESIDENTIAL OFFICE, R-A, RESIDENTIAL AGRICULTURAL and C-2, COMMERCIAL THOROUGHFARE and contain approximately 185 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE. RECOMMENDATION: Staff recommends forwarding RZN 16-5438 to the City Council with a recommendation for approval based upon the findings herein. BACKGROUND: The subject properties are located between West Drake Street to the south, Interstate 49 to the north, and North Point Circle/North Garland Avenue and North Gregg Avenue on the west and east respectively. The nine properties total approximately 185 acres. There are currently three zoning districts represented among the nine properties. The two smallest ones, totaling about one acre along North Garland Avenue, are zoned C-2, Commercial Thoroughfare. The 66.6 acres that constitute the middle property of the proposed rezoning is currently R-O, Residential Office. The balance of the properties, totaling about 117 acres, is zoned R-A, Residential -Agricultural. The subject properties were all annexed in 1967 as part of a larger area that encompassed land that extends from what is now the Northwest Arkansas Mall in the northeast to Adventure Subaru in the southwest. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoninq Direction from Site Land Use Zoning North Interstate 49, North Fulbri ht Expressway n/a South U of A Agricultural Facilities R-A, Residential -Agricultural East Washington Regional Medical Center Multi -family; Appleby Apartments P-1, Institutional RMF-24, Residential Multi -family West Offices and Retail C-2, Thoroughfare Commercial Request: The request is to rezone the entirety of the nine properties from R-A, Residential - Agricultural, R-O, Residential Office, and C-2, Commercial Thoroughfare, to UT, Urban Thoroughfare. The applicant indicated the rezoning is needed to develop a combination of commercial and residential uses to facilitate a live -work -play pattern of development. Mailing Address: 113 W. Mountain Street www.tayetteville-ar.gov Fayetteville, AR 72701 Public Comment: Staff has received no public comment. INFRASTRUCTURE: Streets: All nine properties have street frontage on Minor or Major Arterials. Additionally, six of the nine properties have frontage along Interstate 49 although without any current access points. The only current curb cuts on to the site are a private drive on Drake Street almost equidistant between Garland and Gregg Avenues and at the developed commercial properties on Garland Avenue and Point Circle. Access to the subject properties from the north and east will likely be limited by the Arkansas Highway and Transportation Department (AHTD) and the existing railway respectively. Any additional improvements or requirements would be determined at the time of development. Water: Public water is available to the site. 8-inch public mains runs along the property frontage of Drake Street, Garland Avenue, and portions of the North Fulbright Expressway. Sewer: Public sanitary sewer is available to the site. An 8-inch main runs along the east and north sides of the property. Drainage: Any additional improvements or requirements for drainage would be determined at time of development. A small portion of the northeast corner of the site is located within the floodzone. No protected streams are present on these parcels. Portions of the site are shown to contain hydric soils, which are indicators of potential wetland areas. Further information regarding the existence of wetlands may be required at the time of development. No portion of this parcel lies within the Hillside/Hilltop Overlay District. Fire: The Fire Department did not express any concerns with this request. 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 Map designates the property as an Urban Center Area. Urban Center Areas contain the most intense and dense development patterns within the City, as well as the tallest and greatest variety of buildings. They accommodate rowhouses, apartments, local and regional retail, including large-scale stores, hotels, clean tech industry and entertainment uses. These areas are typified by their location adjacent to major thoroughfares with high visibility, usually automobile -dependent customers and large areas dedicated to parking. Although Urban Center Areas recognize the conventional big -box and strip retail centers developed along major arterials, it is expected that vacant properties will be developed into traditional mixed -use centers, allowing people to live, work and shop in the same areas. Additionally, infill of existing development centers should be strongly encouraged, since there is greater return for properties already served by public infrastructure. G:\ETC\Development Services Review\2016\Development Review\16-5438 RZN 1094 Drake St to Fulbright Expressway (Pendergraft) 249\03 Planning Commission 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: In staff's opinion the rezoning of the subject properties from three zoning districts to one is compatible with the surrounding land uses and adopted land use plans and policies. Land Use Compatibility: The properties are located along several locally and regionally significant transportation routes. Interstate 49 to the north, and the arterials of Garland, Gregg and Drake along the other edges of the subject properties make this site particularly suited to a more intense type of land use development. While the University of Arkansas agricultural facilities to the south are largely institutional in nature, and therefore unlikely to undergo private development, the multi -family housing and large regional medical facility to the east, and commercial land uses to the west are highly compatible with the myriad of permitted uses in an Urban Thoroughfare zoning district. This is of particular importance given the large land area of the proposed rezoning, which provides the potential to pursue a mixed -use, rather than a uniform use development. Land Use Plan Analysis: City Plan 2030 designates the subject properties as an Urban Center Area. This designation supports a wide spectrum of residential and commercial uses, encouraging mixed -use and traditional neighborhood design for all housing types and an emphasis on large, regional commercial developments. The proposed Urban Thoroughfare zoning accommodates many of the guiding policies of the Urban Center Area. Among these are the encouragement of intensive, and mixed uses and the realization of Fayetteville's market potential. Additionally, the geographic location of the subject properties and their proximity to many of the City's transportation amenities can allow future development to align with several other goals associated with an Urban Center Area, including, but not limited to, shared parking, connectivity, promotion of alternative modes of transportation, and the creation of a regional commercial center. With borders on a major highway, existing commercial and multi -family developments, and a major employer in the form of the Washington Regional Medical Center, the subject properties rezoning to Urban Thoroughfare would allow numerous uses that are a compatible fit. From single-family and multi -family dwellings to hotels, offices, and retail of varying sizes, Urban Thoroughfare permits the necessary land uses that can both fulfill compatibility with neighboring uses, and achieve the principles of an Urban Center Area set forth in City Plan 2030. No other zoning classification outside of Fayetteville's historical core can more readily meet the goals of both residential and commercial uses being developed intensely and side -by -side. By rezoning the subject properties to Urban Thoroughfare, the potential is created for a wide mix of commercial developments and housing types in an area served by several existing and GAETC\Development Services Review\2016\Development Review\16-5438 RZN 1094 Drake St to Fulbright Expressway (Pendergraft) 249\03 Planning Commission prospective transportation options. This combination creates the potential for the City at large to receive a greater social and economic return on properties that are already served by public infrastructure. 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 it will allow development that is compatible with adjacent land uses and is more in -line with the properties' future land use designation. The applicant indicated in the submitted materials that the desire is to construct a mixed -use commercial and residential development that resonates with the Urban Center Area future land use designation. This would be largely unfeasible with the current zoning. The existing R-A zoning will only allow one- and two-family dwellings at a density of one housing unit per % acre. Those properties zoned R-O only permit housing that is denser than a duplex by conditional use. The two properties subject to the C-2 zoning district, while among the most permissive of commercial zoning districts, do not permit any residential uses at all. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to Urban Thoroughfare will almost certainly result in an increase in traffic congestion at this location as the site develops. Moving from a largely undeveloped area of almost 200 acres to the more intense and mixed -uses allowed in an Urban Thoroughfare district will result in more trips generated, regardless of whether for commercial or residential purposes. Improvements to Gregg Avenue, Drake Street, and Garland Avenue along with potentially off -site improvements will be evaluated at the time of development. 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: Given the subject properties' largely undeveloped nature, an approved rezoning and subsequent development will undoubtedly increase the population density. It is unlikely however, to undesirably increase the load on public sewer and water. As mentioned, the site will increase the amount of traffic to the area, and any necessary street improvements will be evaluated at the time of development. The Police and Fire Departments have not expressed objections to the proposal. 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 GAETC\Development Services Review\2016\Development Review\16-5438 RZN 1094 Drake St. to Fulbright Expressway (Pendergraft) 249\03 Planning Commission though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN 16-5438 to City Council with a recommendation for approval based on the findings discussed throughout this report. PLANNING COMMISSION ACTION: Required YES Date: June 13, 2016 O Tabled ® Forwarded O Denied Motion: Hoffman Second:Autry Vote: 6-1-0 Commissioner Hoskins voted "No" CITY COUNCIL ACTION: Required YES (Date: O Approved O Denied BUDGET/STAFF IMPACT: None Attachments: ■ Unified Development Code §161.07 (R-A zoning); §161.17 (R-O zoning); §161.20 (C-2 zoning); §161.21 (UT zoning) ■ Request Letter ■ Public Notification Sign Locations ■ One Mile Map ■ Close -Up Map ■ Current Land Use Map ■ Future Land Use Map GAETC\Development Services Review\2016\Development Review\16-5438 RZN 1094 Drake St. to Fulbright Expressway (Pendergraft) 249\03 Planning Commission 161.03 District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training (2) Conditional uses Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technolo ies (C) Density. Units er acre One-half (D) Bulk and area regulations. Lot width minimum 200 ft. Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres E) Setback requirements. Front Side Rear 35 ft. 20 ft. 35 ft. (F) Height requirements. There shall be no maximum height limits in the A-1 District, provided, however, that any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a distance of 1 0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required setback lines (G) Building area None. G:\ETC\Development Services Review\2016\Development Review\16-5438 RZN 1094 Drake St. to Fulbright Expressway (Pendergraft) 249\03 Planning Commission (Code 1965, App. A, Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160 030; Ord. No. 4100, §2 (Ex A), 6-16-98; Ord No 4178, 8-31-99; Ord. 5028, 6-19-07; Ord. 5128, 4-15-08; Ord. 5195, 11-6-08; Ord, 5238, 5-5-09; Ord. 5479, 2-7-12) 161.17 District R-O, Residential Office (A) Purpose. The Residential -Office District is designed primarily to provide area for offices without limitation to the nature or size of the office, together with community facilities, restaurants and compatible residential uses (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by ri ht Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 12 Limited business Unit 25 Offices, studios, and related services Unit 44 Cottage Housing Development (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 11 Manufactured home ark' Unit 13 Eating laces Unit 15 Neighborhood shopping oods Unit 24 Home occupations Unit 26 Multi -family dwellin s Unit 36 Wireless communications facilities" Unit 42 Clean technologies Unit 45 Small scale production (C) Density. Units per acre 24 or less (D) Bulk and area regulations. (Per dwelling unit for residential structures) (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home park 50 ft, Single-family 60 ft. Two-family 60 ft. Three or more 90 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a manufactured 4,200 sq. ft home park Townhouses: G:\ETC\Development Services Review\2016\Development Review\16-5438 RZN 1094 Drake St. to Fulbright Expressway (Pendergraft) 249\03 Planning Commission Development Individual lot 10,000 sq. ft. 2,500 sq. ft. Single-family 6,000 sq. ft. Two-family 6,500 sq. ft. Three or more 8,000 sq. ft. Fraternity or Sorority 1 acre (3) Land area per dwelling unit Manufactured home 3,000 sq. ft. Townhouses & apartments: No bedroom 1,000 sq. ft. One bedroom 1,000 sq. ft. Two or more bedrooms 1,200 sq. ft. Fraternity or Sorority 500 sq. ft per resident (E) Setback regulations Front 15 ft Front, if parking is allowed between the right-of-way and the building 50 ft. Front, in the Hillside Overlav District 15 ft. Side 10 ft. Side, when contiguous to a residential district 15 ft. Side, in the Hillside Overlay District 8 ft Rear, without easement or alley 25 ft. Rear, from center line of public alley 10 ft Rear, in the Hillside Overlay District 15 ft. (F) Building height regulations. Buildin hfei ht Maximum 160 ft. 11 Height regulations. Any building which exceeds the height of 20 feet shall beset back from any side boundary line of an adjacent single family district an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. (Code No. 1965, App. A., Art. 5(x); Ord, No. 2414, 2-7-78; Ord, No 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-29-70; Code 1991, §160.041; Ord No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4726, 7-19-05; Ord. 4943, 11-07-06; Ord. 5079, 11-20-07; Ord. 5195, 11-6-08; Ord. 5224, 3-3-09; Ord. 5312, 4-20-10; Ord. 5462, 12- 6-11; Ord. 5735 1-20-15) 161.20 District C-2, Thoroughfare Commercial (A) Purpose The Thoroughfare Commercial District is designed especially to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 1 Government Facilities G:\ETC\Development Services Review\2016\Development Review\16-5438 RZN 1094 Drake St. to Fulbright Expressway (Pendergraft) 249\03 Planning Commission Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping oods Unit 17 Trans ortation trades and services Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 25 Offices, studios, and related services Unit 33 Adult live entertainment club or bar Unit 34 Liquor store Unit 44 Cottage Housing Development Unit 45 Small scale production (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 21 Warehousing and wholesale Unit 28 Center for collectin2 recvclable materials Unit 29 Dance Halls Unit 32 Sexually oriented business Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 38 Mini -storage units Unit 40 Sidewalk Cafes Unit 42 Clean technologies Unit 43 f Animal boarding and training (C) Density. None. (D) Bulk and area regulations None. (E) Setback regulations. Front 15 ft. Front, if parking is allowed between the right-of-way and the building 50 ft, Side None Side, when contiguous to a residential district 15 ft Rear 20 ft (F) Building height regulations. Buildin2 Hei ht Maximum j 75 ft.' "Any building which exceeds the height of 20 feet shall be set back from a boundary line of any residential district a distance of one foot for each foot of height in excess of 20 feet. (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. (Code 1965, App. A., Art. 5(VI); Ord, No, 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No_ 4178, 8-31-99; Ord_ 4727, 7-19-05; Ord. 4992, 3-06-07; Ord. 5028, 6-19-07; Ord. 5195, 11-6-08; Ord. 5312, 4-20-10; Ord. 5339, 8-3-10; 5353, 9-7-10; Ord. 5462, 12-6-11; Ord. 5592, 6-18-13; Ord, 5664, 2-18-14; Ord. 5735, 1-20-15) G:\ETC\Development Services Review\2016\Development Review\16-5438 RZN 1094 Drake St. to Fulbright Expressway (Pendergraft) 249\03 Planning Commission 161.21 Urban Thoroughfare (A) Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the surrounding communities This district encourages a concentration of commercial and mixed use development that enhances function and appearance along major thoroughfares. Automobile -oriented development is prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96: Noise Control, the Urban Thoroughfare district is a commercial zone The intent of this zoning district is to provide standards that enable development to be approved administratively (B) Uses. (1) Permitted uses Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating laces Unit 14 Hotel, motel and amusement services Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices. studios. and related services Unit 26 Multi -family dwellings Unit 34 Liquor store Unit 41 Accessory Dwellings Unit 44 Cottage Housino Development Unit 45 Small scaleproduction Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses Unit 2 City-wide uses by conditional use oermit Unit 3 Public protection and utility facilities Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 33 Adult live entertainment club or bar Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities �Unit 38 Mini -storage units 1' Unit 40 Sidewalk cafes C Unit 42 Clean technologies Unit 43 Animal boarding and training (C) Density. None (D) Bulk and area regulations (1) Lot width minimum G:\ETC\Development Services Review\2016\Development Review\16-5438 RZN 1094 Drake St. to Fulbright Expressway (Pendergraft) 249\03 Planning Commission Sin Q le-famil dwelIin 18 feet All other dwellinas None Non-residential None (2) Lot area minimum. None (E) Setback regulations. Front: A build -to zone that is located between 10 feet and a line 25 feet from the front property line. Side and rear: None Side or rear, when contiguous 15 feet to a single-family residential district: (F) Building height regulations. Buildingeight Maximum j 56/84 ft." A building or a portion of a building that is located between 10 and 15 ft. from the front property line or any master street plan right-of-way line shall have a maximum height of 56 feet. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of 84 feet. Any building that exceeds the height of 20 feet shall be set back from any boundary line of a single-family residential district, an additional distance of one foot for each foot of height in excess of 20 feet (G) Minimum buildable street frontage 50% of the lot width (Ord. 5312, 4-20-10; Ord. 5339, 8-3-10; Ord. 5353, 9-7-10; Ord. 5462, 12-6-11; Ord. 5592, 6-18-13; Ord. 5664, 2-18- 14; Ord. 5735, 1-20-15) G:\ETC\Development Services Review\2016\Development Review\16-5438 RZN 1094 Drake St. to Fulbright Expressway (Pendergraft) 249\03 Planning Commission NORTHWESTARKANsAs Democrat IF ondt .... . 'h±=c-.,,rA7�.1..f.C,A c,r/1 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 County 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. 5891 Was inserted in the Regular Edition on: July 14, 2016 Publication Charges $ 72.80 Cathy Wiles Subscribed and sworn to before me This a^day of "Ll 2016. �p,NE DgUFy ��� Not ry Public ' NOTARV°�°�� f My Commission Expires: �Q' PUBLIC _ #12401379 i c 012ANT fON 60\ **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance:5891 File Number: 2016-0308 RZN 16-5438 (1094 DRAKE ST./PENDERGRAFT): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5438 FOR APPROXIMATELY 185 ACRES LOCATED AT 1094 EAST DRAKE STREET FROM R-O, RESIDENTIAL OFFICE, R-A, RESIDENTIAL AGRICULTURAL AND C-2, COMMERCIAL THOROUGHFARE TO UT, URBAN THOROUGHFARE. 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-O, Residential Office, R-A, Residential Agricultural and C-2, Commercial Thoroughfare to UT, Urban Thoroughfare. 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 on 7/5/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73773788 July 14,2016 RECEIVED JUL 2 7 2016 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE