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Home My WebLink AboutORDINANCE 5910113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5910 File Number: 2016-0428 RZN 16-5548 (1211 W JAMES ST./HAVEN CAMPUS): Doc ID: 017123000003 Type: REL Kind: ORDINANCE Recorded: 10/24/2016 at 08:50:44 AM Fee Amt: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File2016-00031294 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5548 FOR APPROXIMATELY 0.63 ACRES LOCATED AT 1211 WEST JAMES STREET FROM R-O, RESIDENTIAL OFFICE TO CS, COMMUNITY SERVICES SUBJECT TO THE ATTACHED BILL OF ASSURANCE. 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 to CS, Community Services subject to the attached Bill of Assurance. 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 10/4/2016 Page 1 �tti��FRK I, TP fr�r FAYI;17VNLL"= Attest:kr1 N��P`a. ��.• rrr / • • • ` %% rrII��tit0 Sondra E. Smith, City Clerk Treasurer Printed on 1015116 RZN 16-5548 Close Up View Legend Planning Area Fayetteville City Limits Building Footprint HAVEN CAMPUS APT EXHIBIT 'A' MOAN T cOMF �RTA'O Subject Property JAMES R-0 RSF-4 Feet 0 75 150 300 450 600 1 inch = 200 feet NORTH HOLLY ST E C-1 RSF-4 RM F-24 Residential -Office C-1 C-2 Community Services BLEW & _ASSOCIATES, PA CIVIL ENGINEERS & LAND SURVEYORS EXHIBIT'B' LEGAL DESCRIPTION PARCEL: 765-13756-000 A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A FOUND CONCRETE MONUMENT MARKING THE SOUTHWEST CORNER OF LOT 10, MCCORMICK ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS AND RUNNING THENCE N84°24'06"W 2.47' TO A FOUND IRON PIN, THENCE N86°40'58"W 177.69' TO A FOUND IRON PIN, THENCE NO3°29'08"E 160.14' TO A FOUND IRON PIN ON THE SOUTH RIGHT-OF-WAY OF JAMES STREET, THENCE ALONG SAID RIGHT-OF-WAY S86°35'36"E 180.30' TO A FOUND IRON PIN, THENCE LEAVING SAID RIGHT-OF-WAY S03°32'12"W 159.96' TO THE POINT OF BEGINNING. CONTAINING 0.66 ACRES, MORE OR LESS. SUBJECTTO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. 524 W. SYCAMORE ST, SUITE 4 • FAYETTEVILLE / ARKANSAS • 72703 PHONE: 47 9- 4 4 3- 4 5 0 6 FAX: 47 9-5 8 2- 1 8 8 3 Washington County, AR I certify this instrument was filed on 10/24/2016 08:50:44 AM and recorded in Real Estate File Nu 16-00031294 Kyle 1Wester- irruuitCierk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 m� Text File File Number: 2016-0428 Agenda Date: 10/18/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 2 RZN 16-5548 (1211 W JAMES ST./HAVEN CAMPUS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5548 FOR APPROXIMATELY 0.63 ACRES LOCATED AT 1211 WEST JAMES STREET FROM R-O, RESIDENTIAL OFFICE TO CS, COMMUNITY SERVICES SUBJECT TO THE ATTACHED BILL OF ASSURANCE (LEFT ON FIRST READING) 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 to CS, Community Services subject to the attached Bill of Assurance. 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 101512016 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2016-0428 I_egistar File ID 10/4/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/16/2016 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: RZN 16-5548: Rezone (1211 W. James St./Haven Campus, 404): Submitted by BLEW & ASSOCIATES, INC. for property located at 1211 W. JAMES ST. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 0.63 acres. The request is to rezone the properties to CS, COMMUNITY SERVICES, subject to a Bill of Assurance. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Previous Ordinance or Resolution # Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title $ Approval Date: V20140710 CITY OF Fay%4-1e• CITY COUNCIL AGENDA MEMO KANSAS MEETING OF OCTOBER 4, 2016 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, City Planning Director FROM: Harry Davis, Planner DATE: September 13, 2016 SUBJECT: RZN 16-5548: Rezone (1211 W. James St./Haven Campus, 404): Submitted by BLEW & ASSOCIATES, INC. for property located at 1211 W. JAMES ST. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 0.63 acres. The request is to rezone the properties to CS, COMMUNITY SERVICES, subject to a Bill of Assurance. RECOMMENDATION: The Planning Commission and Staff recommend approval of an ordinance to rezone the subject property from R-O, Residential Office to CS, Community Services, subject to a Bill of Assurance, as shown in the attached Exhibits 'A', 'B', and 'C'. BACKGROUND: The property located at 121 W. James St., northwest of Harp's grocery store and east of Garden Park Apartments, is 0.63 acres and currently zoned R-O, Residential Office. The property has been used for years since 1970 as an office and was granted a conditional use for said office use in 1999. In 2008, the parcel was rezoned from RMF-24 to R-O and in 2015, a conditional use permit was granted to allow multi -family use on the subject property. During review of a proposed multi -family project on the site in 2015 thru 2016, it became apparent to the applicant that the density limitation of 24 units per acre on the R-O portion of the property was too restrictive for the proposed project. The applicant now proposes to rezone the site to allow increased multi -family residential density. Request: The applicant requests to rezone 0.63 acres from R-O, Residential Office to CS, Community Services, subject to a Bill of Assurance. The Bill of Assurance, attached to this memo, would limit the height of multi -family buildings facing the existing single-family homes across James Street (see attached). The applicant claims that a rezoning of this property would allow development currently unattainable in the existing zoning to be feasible for the developer. The developer was permitted a conditional use for multi -family on this site, however the maximum density of 24 unit per acre permitted in R-O zoning is not enough to accommodate the economic desires of the developer. Public Comment: Staff has received no public comment. Surrounding Land Use Compatibility: The proposal is generally compatible with nearby properties. CS could adequately function as a transition zone between commercial and residential uses Mailing Address: 113 W. Mountain Street www.tayetteville-ar.gov Fayetteville, AR 72701 through its ability to be mixed -use, or at least be developed as high -density residential. Changing this site from R-O to CS is unquestionably compatible with adjacent properties to the south and west that are zoned CS, including Garden Park Apartments zoned RMF-24 to the far west. For properties to the east, this rezone would not be affected by nor adversely affect Harp's grocery store. However, the single-family homes to the north that are zoned RMF-24 may take issue with the allowed 56 feet maximum height on buildings in CS zoning. Such a massive disparity between permitted 5-story buildings to existing single -story homes across James St. would be poor urban design and could adversely impact said properties and occupants. In pre -application meetings, staff discussed with the applicant that this disparity could be minimized to three stories maximum along James St. while allowing the applicant to feasibly develop their project. The applicant has provided a Bill of Assurance to restrict the proposed apartment complexes to three stories in height in the build -to zone along West James Street. Land Use Plan and Policy Analysis: The proposal is consistent with the Future Land Use Plan map designation of City Neighborhood Area on this site. City Neighborhood Areas are meant to support the widest spectrum of uses and CS zoning allows a cornucopia of residential and commercial uses within traditional town forms on an in -fill site, which touches the goals of the 2030 Plan. CS zones are intended to provide mixed -use areas at commercial nodes or along commercial corridors. This proposal is close to the large commercial node at Garland Ave. and North St./Wedington Dr. and satisfies this goal. Furthermore, this proposal is appropriate for a property that is bounded by nearby high -volume, arterial roadways, commercial uses, and multi- family land uses. Furthermore, Staff finds that the proposed zoning is justified. R-O zoning limits the density to 24 units or less per acre and does not have a build -to zone, while the remainder of the applicant's property to the south contains CS, which does not have a maximum density and has a build -to zone. Having consistent zoning across the intended development area would make development details consistent and easier to address. The applicant does have a conditional use permit under current R-O zoning to allow for multi -family units on the property. DISCUSSION: On September 12, 2016, Planning Division staff recommended in favor of this rezone. The Planning Commission concurred and forwarded the applicant's request for a rezoning to CS on the subject property. A motion by Commissioner Hoffman, seconded by Commissioner Autry, to forward the proposal to the City Council with a recommendation for approval was made with a vote of 8-0-0. Commissioner Noble was absent. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A ■ Exhibit B • Exhibit C • Application • Planning Commission Staff Report RZN 16-5548 HAVEN CAMPUS APT A& Close Up View EXHIBIT 'A' NORTH RMF-24 PRRIA7E 1237 CS Subject Property i ti JAMES S7 R-O RSF-4 C-2 Legend Feet Planning Area 0 75 150 300 450 600 Fayetteville City Limits 1 inch = 200 feet Building Footprint HOLLY ST C-1 RSF-4 RM F-24 Residential -Office C-1 C-2 Community Services BLEW & ASSOCIATES PA CIVIL ENGINEERS & LAND SURVEYORS EXHIBIT 'B' LEGAL DESCRIPTION PARCEL: 765-13756-000 A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A FOUND CONCRETE MONUMENT MARKING THE SOUTHWEST CORNER OF LOT 10, MCCORMICK ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS AND RUNNING THENCE N84°24'06"W 2.47' TO A FOUND IRON PIN, THENCE N86°40'58"W 177.69' TO A FOUND IRON PIN, THENCE NO3°29'08"E 160.14' TO A FOUND IRON PIN ON THE SOUTH RIGHT-OF-WAY OF JAMES STREET, THENCE ALONG SAID RIGHT-OF-WAY S86°35'36"E 180.30' TO A FOUND IRON PIN, THENCE LEAVING SAID RIGHT-OF-WAY S03°32'12"W 159.96' TO THE POINT OF BEGINNING. CONTAINING 0,66 ACRES, MORE OR LESS. SUBJECTTO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. 524 W. SYCAMORE ST, SUITE 4 - FAYETTEVILLE / ARKANSAS • 72703 PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 47 9-5 8 2- 1 8 8 3 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") Haven Campus Communities — Fayetteyill_e 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 reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to N/A 2. Other restrictions including number and type of structures upon the property are limited to N/A 3. Specific activities will not be allowed upon petitioner's property include N/A 4. The maximum building height for portions of structures and buildings located within the build -to zone along West James Street located within the property are to be no taller than three stories in height, so long as there is a single-family home immediately across West James Street from said property. 5. 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, I, haven Campus Communities Fayetteville LLC, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. II I% V -IQNrJ A w LL -. A^- ) .3 IZ� Date 3284 Northside Parkwav NW. Suite 500 Printed Name Address Atlanta, GA 30327 L; ature NOTARY OATH STATE OF GEORGIA } } .ss COUNTY OF } And how on this the day of 2016, appeared before me, a Notary Public, and after being placed upon his/her oath swore affirmed t gat he/she eed with the terms of the above Bill of Assurance and signed his/her ame above. �'�1+�+1+111rr�� y��,�+6�pr,QL � NOTARY PUBLIC � .c_J J' e. o wkj�My Commission Expires: *014fi 1 � Z y �L1t1r s � 0,,Rom..*w 0 s CITY OF FAVET'1 EVILLF, ARKANSAS REZONING FOR STAFF USE ONLY FEE: $325.00 Dole Application Submitted: Sign Fee: $5.00 Bate Accepted as Coniplete: S-T-R: Case /Appeal Number: PP##: 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 agenela until this information is furnisher!. Application: ication: Indicate one contact person for this request: Applicant (person making request): Name: Haven Campus Communities - Fayetteville, LLC Address:3284 Northside Parkway, Ste 500 Atlanta- CYA 7 Applicant X Representative Representative (engineer, surveyor, realtor, etc.): Name: Blew & Associates, PA Address: 108 Crossover Street Lowell, AR 72745 E-mail: bboyles@havencampuscommunities.com F-mail: jorge(@,,blewinc.com Phone: Phone: ( 770 ) 818-4127 ( 479) 443-4506 Fax: Fax: Site Address / Location: W. James Street Current Zoning District: R-0 Assessor's Parcel Number(s) for subject property: R-0 FINANCIAL INTERESTS Requested Zoning District: CS The following entities and / or people have financial interest in this project: Aleirch 2014 Page ! 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. Name (printed): Jorge Du Quesne. Date: 7/19/16 SiViiature: PROPERTYOWNER(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 Uwe have read this application and consent to its filing. (If signed by the authorized agent, a letter front each property owner must be provider! indicating that the agent is authorized to act on hisllter behalf.) Property Owners of Record (attach additional info if necessary): Name (printed)- ttoL r1 t Address: �+'+� Z^ t 20 Si ,natin'c: �t►}_ 3+`l Phone: Date: h 1 (_�70) 813—LIOR5 Name (printed): Address: Signature: Phone: Date: ( ) Rezoning Checldist: 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.w ashington.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 reap. Akurb lord Puge (5) A written description of this request addressing the following items: a. Current ownership information and any proposed or pending property sales. b. Reason (need) for requesting the zoning change. c, Statement of how the proposed rezoning will relate to surrounding properties in tenns of land use, traffic, appearance, and signage. d. Availability of water and sewer (state size of lines). This information is available from the City Engineering Division. e. The degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. £ Whether the proposed zoning is justified and/or needed at the time of the request. g. Whether the proposed zoning will create or appreciably increase traffic danger and congestion. h. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public sei vices including schools, water, and sewer facilities. i. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification. (6) The applicant is responsible for meeting the public notification requirements for a Rezoning listed on the Notification Requirements pages in this application. Notice: Resources including current zoning regulations, City Plan 2030, Future Land Use Plan, Master Street Plan and Zoning maps are available for review on our website, wrv« .acces4l'ayettr villc.or�� and in the Planning Office. All applicants should meet with a staff Planner prior to completing a Rezoning application. A-truch 014 Page 3 CITY OF 17ayc ARKANSAS TO: THRU: FROM: MEETING DATE PLANNING COMMISSION MEMO Fayetteville Planning Commission Andrew Garner, City Planning Director Harry Davis, Planner September 12, 2016 UPDATED WITH PC RESULTS SUBJECT: RZN 16-5548: Rezone (1211 W. James St./Haven Campus, 404): Submitted by BLEW & ASSOCIATES, INC. for property located at 1211 W. JAMES ST. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 0.63 acres. The request is to rezone the properties to CS, COMMUNITY SERVICES, subject to a Bill of Assurance. RECOMMENDATION: Staff recommends forwarding RZN 16-5548 to City Council with a recommendation for approval based on the findings herein. BACKGROUND: 1211 Property Background: The property located at 12i W. James St., northwest of Harp's grocery store and east of Garden Park Apartments, is 0.63 acres and currently zoned R-O, Residential Office. The property has been used for years since 1970 as an office and was granted a conditional use for said office use in 1999. In 2008, the parcel was rezoned from RMF-24 to R-O and in 2015, a conditional use permit was granted to allow multi -family use on the subject property. During review of a proposed multi -family project on the site in 2015 thru 2016, it became apparent to the applicant that the density limitation of 24 units per acre on the R-O portion of the property was too restrictive for the proposed project. The applicant now proposes to rezone the site to allow increased multi -family residential density. The surrounding land use and zoning is depicted in Table 1. Table 1 - Surrounding Land Use and Zoning Direction Land Use Zoning from Site North Single-family RMF-24, Residential Multi -family 24 units per acre South Undeveloped; Harp's Grocery Store CS, Community Services; C-2, Harp's Grocery Store; Undeveloped; N. Garland Commercial Thoroughfare East RMF-24, Residential Multi -family 24 Ave. units per acre; C-2, Commercial Thoroughfare CS, Community Services; RMF-24, West Undeveloped, Garden Park Apartments Residential Multi -family 24 units per acre E Mailing Address: 113 W. Mountain Street www.tayetteville-ar.gov Fayetteville, AR 72701 316'19i11111*1101kiI Request: The applicant requests to rezone 0.63 acres from R-O, Residential Office to CS, Community Services, subject to a Bill of Assurance. The Bill of Assurance would limit the height of multi -family buildings facing the existing single-family homes across James Street (see attached). The applicant claims that a rezoning of this property would allow development currently unattainable in the existing zoning to be feasible for the developer. The developer was permitted a conditional use for multi -family on this site, however the maximum density of 24 unit per acre permitted in R-O zoning is not enough to accommodate the economic desires of the developer. Public Comment: Staff has received no public comment. INFRASTRUCTURE: Streets: The subject parcel has access to James Street, a partially improved local street with curb and gutter. On- and off -site street improvements to James Street will be likely, and would be determined at time of development and could include storm drainage, sidewalks, or street widening. Water: Public water is available to the site. A 6" public main is located within the James Street right-of-way. Sewer: Sanitary Sewer is available to the site. A 6" public main is located within the James Street right-of-way. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No protected streams cross this site, and no portion of the site lies within FEMA regulated floodways or floodplains. No portions of these parcels are located within the HHOD. Fire: This development will be protected by Engine 2 located at 708 N. Garland. It is .6 miles from the station to the study area with an anticipated response time of 3 minutes to the beginning of the study area. The Fire Department does not feel this rezoning will affect calls for service or response times. Police: The Police Department have not expressed concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as City Neighborhood Area. These areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types. Non-residential uses range in size, variety and intensity from grocery stores and offices to churches, and are typically located at corners and along connecting corridors. FINDINGS OF THE STAFF 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. G:\ETC\Development Services Review\2016\Development Review\16-5472 RZN 2081 N. Shady Ave. (Tobin) 367\03 Planning Commission\07- 11-2016\Comments and Redlines Finding: Surrounding Land Use Compatibility: The proposal is generally compatible with nearby properties. CS could adequately function as a transition zone between commercial and residential uses through its ability to be mixed -use, or at least be developed as high -density residential. Changing this site from R-O to CS is unquestionably compatible with adjacent properties to the south and west that are zoned CS, including Garden Park Apartments zoned RMF-24 to the far west. For properties to the east, this rezone would not be affected by nor adversely affect Harp's grocery store. However, the single- family homes to the north that are zoned RMF-24 may take issue with the allowed 56 feet maximum height on buildings in CS zoning. Such a massive disparity between permitted 5-story buildings to existing single -story homes across James St. would be poor urban design and could adversely impact said properties and occupants. In pre -application meetings, staff discussed with the applicant that this disparity could be minimized to three stories maximum along James St. while allowing the applicant to feasibly develop their project. The applicant has provided a Bill of Assurance to restrict the proposed apartment complexes to three stories in height in the build -to zone along West James Street. Land Use Plan and Policy Analysis: The proposal is consistent with the Future Land Use Plan map designation of City Neighborhood Area on this site. City Neighborhood Areas are meant to support the widest spectrum of uses and CS zoning allows a cornucopia of residential and commercial uses within traditional town forms on an in -fill site, which touches the goals of the 2030 Plan. CS zones are intended to provide mixed -use areas at commercial nodes or along commercial corridors. This proposal is close to the large commercial node at Garland Ave. and North St./Wedington Dr. and satisfies this goal. Furthermore, this proposal is appropriate for a property that is bounded by nearby high -volume, arterial roadways, commercial uses, and multi -family land uses. 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 justified. R-O zoning limits the density to 24 units or less per acre and does not have a build -to zone, while the remainder of the applicant's property to the south contains CS, which does not have a maximum density and has a build -to zone. Having consistent zoning across the intended development area would make development details consistent and easier to address. The applicant does have a conditional use permit under current R-O zoning to allow multi -family units on the property. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: This rezoning will create the opportunity for development that could substantially increase traffic, particularly car and pedestrian activity, on surrounding roads over the existing zoning. Substantial on- and off -site street improvements to James Street would be likely at time of development and could include storm drainage, sidewalks, or street widening. G:\ETC\Development Services Review\2016\Development Review\16-5472 RZN 2081 N Shady Ave. (Tobin) 367\03 Planning Commission\07- 11-2016\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: The proposed CS zoning would increase the load on public services over existing R-O zoning, but there has been no indication that it would undesirably increase said load. 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: The current property does have a conditional use for multi -family dwellings, which is the applicant's intention for developing this property. RECOMMENDATION: Staff recommends forwarding RZN 16-5548 to City Council with a recommendation for approval based on the findings herein. PLANNING COMMISSION ACTION: Required Date: September 12,_2016 0 Tabled M Forwarded O Denied Motion: Hoffman MOTION TO FORWARD TO CITY COUNCIL `Second: Autry Passes Vote: 8-0-0 BUDGET/STAFF IMPACT: N/A None ATTACHMENTS: ■ Existing and proposed zoning criteria • Applicant's request letter • Bill of Assurance • Current land use map • Close up map ■ Future land use map ■ One mile map G:\ETC\Development Services Review\2016\Development Review\16-5472 RZN 2081 N Shady Ave (Tobin) 367\03 Planning Commission\07- 11-2016\Comments and Redlines CITY OF AFay le • ARKANSAS • 161.18 - 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 right Unit 5 Government facilities Unit 8 Sin le -family dwellin s Unit 9 Two-family dwellings Unit 12 Limited business Unit 25 1 Offices, studios, and related services 'Unit 44 Cottage Housing Develo ment (2) Conditional Uses. Unit 2 City-wide uses by conditional use ermit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 1 1 Manufactured home ark* iUnit 13 Eating places Unit 15 Neighborhood shopping goods Unit 24 Home occupations iUnit 26 Multi -family dwellings Unit 36 Wireless communications facilities* Unit 42 Clean technologies iUnit 45 Small scale production (C) Densily. Units per acre _ I 24 or less (D) Bulk andArea Regulations. (Per dwelling unit for residential structures) ( I) Lot Width Minimum. Manufactured home park 100 feet ILot within a manufactured home park 50 feet Single-family 60 feet Two (2) family 60 feet Three (3) or more 90 feet (2) Lot Area Minimum. Manufactured home park 3 acres ILot within a manufactured home park 4,200 square feet Townhouses: (Development 10,000 square feet PLANNING COMMISSION MEMO Individual lot 2,500 square feet 'Single-family 6,000 square feet Two (2) family 6,500 square feet Three (3) or more 8,000 square feet Fraternity or Sorority 1 acre (3) Land Area Per Dwelling Unit. (Manufactured home 3,000 s uare feet Townhouses & apartments: No bedroom 1,000 square feet One bedroom 1,000 square feet Two (2) or more 1,200 square feet bedrooms ]Fraternity or Sorority 500 square feet per resident (E) Setback Regulations. 15 Front feet Front, if parking is allowed between the 50 right-of-way and the building feet Front, in the Hillside Overlay District 15 feet 'Side 10 feet Side, when contiguous to a residential 15 district feet :Side, in the Hillside Overlay District 8 feet Rear, without easement or alley 25 feet Rear, from center line of public alley 10 feet Rear, in the Hillside Overlay District 15 1feet (F) Building Hc,iF,rla Rc�gidations. Building Height Maximum 60 feet Height Regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary line of an adjacent single family district an additional distance of 1 foot for each foot of height in excess of 20 feet. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 (G) BuildingAreo. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. G:\ETC\Development Services Review\2016\Development Review\16-5472 RZN 2081 N. Shady Ave. (Tobin) 367\03 Planning Commission\07- 11-2016\Comments and Redlines • 161.20 - Community Services (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services 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 I City-wide uses by right IUnit 4 Cultural and recreational facilities Unit 5 Government facilities IUnit 8 Sin le -family dwellings Unit 9 Two-family dwellings (Unit Three-family dwellings 10 IUnit Eating places 13 Unit 15 Neighborhood Shopping goods (Unit Gasoline service stations and drive-in/drive 18 through restaurants (Unit 24 Home occupations (Unit Offices, studios and related services 25 (Unit Multi -family dwellings 26 Unit Cottage Housing Development 44 Unit Small scale production 15 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 permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation, trades and services Unit 191 Commercial recreation, small sites 'Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores 'Unit 35 Outdoor music establishments lUnit 36 Wireless communication facilities* iUnit 40 Sidewalk Cafes Unit 421 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. IDwellin:; 18 feet ,All others None (2) Lot Area Minimum.None. (E) Setback regulations. A build -to zone that is located between 10 feet (Front: and a line 25 feet from the front 2ro2erty line. ,Side and rear: None Side or rear, when ,ontiguous to a single - ]Family residential 15 feet jistrict: (F) Build, Height Re, uCarions. Building Hei rht Maximum 56 feet (G) Minimum Buildable Street Frontage.50% of the lot width. GAETC\Development Services Review\2016\Development Review\16-5472 RZN 2081 N. Shady Ave. (Tobin) 367\03 Planning Commission\07- 11-2016\Comments and Redlines BLEW & ASSOCIATES, PA CIVIL ENGINEERS & LAND SURVEYORS Rezoning written request: Owner: Haven Campus Communities —Fayetteville, LLC 3284 Northside Parkway, Ste S00 Atlanta, GA 30327 The current zoning of R-O will not allow the number of units needed for this development. The proposed zoning of CS will relate very well with the RMF-24 to the west and north of the site and the site adjoins C-2 to the East. Water and sewer is readily available with a 12" water line on the south side of the site and an 6" along the north side of the site, a 6" sanitary sewer line is located at the northeast corner of the site. The proposed zoning of CS work very with the 2030 City Plan of City Neighborhood Areas for this section of town. Without the proposed zoning of CS the site will not allow for enough units to justify the project. The proposed site will have 2 entry/exits one to James St and W. Wedington St to help with traffic concerns. 524 W. SYCAMORE ST, SUITE 4 • FAYETTEVILLE / ARKANSAS • 72703 PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 4 7 9- 5 8 2- 1 8 8 3 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") Haven Campus Communities — Fayetteville 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 reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to N/A 2. Other restrictions including number and type of structures upon the property are limited to N/A 3. Specific activities will not be allowed upon petitioner's property include N/A 4. The maximum building height for portions of structures and buildings located within the build -to zone along West .lames Street located within the property are to be no taller than three stories in height; so long as there is a single-family home immediately across West James Street from said property. 5. 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 tiled 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 terns and conditions stated above, I, Haven Campus Communities — Fayetteville LLC, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. Date A Art — Printed Name 3284 Northside Parkway NW, Suite 500 Address j Atlanta. GA 30327 r S nature; g NOTARY OATH STATE OF GEORGIA r .ss COUNTY OF n pow on this the _ �day of {� 2016, appeared before me, a Notary Public, an after eulg placed upon his/her oath swore r affirmed that he/slip reed with the terms of the above Bill of Assurance and signed his/her name above. fi .'i My Commission Expires: a1�`GP,�� eOTARY PUBLIC %0)" ' =® le 0 29 Q` w� RZN 16-5548 Close Up View PRIVATE 1237 Legend Planning Area Fayetteville City Limits Building Footprint HAVEN CAMPUS APT RMF-24 C5 MoONTC O Feet 0 75 150 300 450 1 inch = 200 feet RSF-4 G2 00 NORTH HOLLY ST C- RSF-4 R M F-24 Residential -Office C-1 C-2 Community Services RZN 16-5548 MAVEN CAMPUS APT One Mile View RSF4 R-:k ll0 0.125 0.25 0.5 Miles .. f NORTH a . tY7.i1 14 F I fOEM Subject Property >a • � t R-0 fin gut - 1-1 Zoning EXTRACTION RESIDENTIAL SINGLE-FAMILY W E1 Legend RR. —I., lagi.... COMMERCIAL RSF°° ,10 Re,,a Planning Area _ RSF, � RSF.i " G RSFa MC, FORM BASED DISTRICTS Fayetteville City Limits RSF-e aNaa a,Ma,a RESIDENTIAL MD LTI•FAMILT ain slieel censer ....... Shared Use Paved Trail M W.12R—Na1 Twa aM Th-- ly paw RMF-12 Neighb1Matl Sem RMF IB 10-ghU.—d Canse—t.. Trail (Proposed) _. _ RMFza PLAWEp WNI#4 DR11106T9 Planning Area RMFag _w..a' rw x ,R.v.�.r Building FootprintINSTITUTIONAL = Fayetteville City Limits ND 11 Heap cammerca �14GenemllnOwlriallaNLgIIAhas aP1 -_ -- RZN 16-5548 HAVEN CAMPUS APT Current Land Use NORTH n Multi Family ' to •1 r "' •, ri >. . x Subject Property +� 't{c:±L r rl Legend Street Streets Existing MSP Class +PRINCIPALARTERIAL • . " Shared Use Paved Trail Q RZN16-5548 Planning Area L — Fayetteville City Limits Mani "Single r f3 . 44 r Grocery u l��1 1 ' 0 Ore tier r• f b. 4 - r rx o Feet 0 75 150 300 450 600 RZN 16-5548 Future Land Use PRIVATE +. :?;, Legend Planning Area �- - - Fayetteville City Limits Building Footprint HAVEN CAMPUS APT OR�RD Subject Property j JAMES ST Feet 0 75 150 300 450 600 1 inch = 200 feet 7 $ ok i HOLLY S7' o�r410 FUTURE LAND USE 2030 Residential Neighborhood Area City Neighborhood Area NORTHWESTARKANsAs Democratazette ".F J, B { .aiJ trl R; r..r).% , h 142 -. rti X,. AFFIDAVIT OF PUBLICATION I Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington 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. 5910 Was inserted in the Regular Edition on: October 13, 2016 Publication Charges $ 70.20 Karen Caler Subscribed and sworn to before me This 2Sday of C , 2016. eaa� �. Notary Public My Commission Expires: CATHY WILES Arkansas - 8snton County Notary Public - Cot`t,rit,'� 12397118 My Commission ErPiras Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 5910 File Number: 2016-0428 RZN 16-5548 (1211 W JAMES ST./HAVEN CAMPUS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5548 FOR APPROXIMATELY 0.63 ACRES LOCATED AT 1211 WEST JAMES STREET FROM R-O, RESIDENTIAL OFFICE TO CS, COMMUNITY SERVICES SUBJECT TO THE ATTACHED BILL OF ASSURANCE. 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 to CS, Community Services subject to the attached Bill of Assurance. 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 10/4/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73886772 Oct. 13, 2016 RECEIVED OCT 2 8 2016 CITY C CITY CLERKS OFFICE