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HomeMy WebLinkAboutORDINANCE 5915113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5915 File Number: 2016-0433 Doc ID: 017166480003 Type: REL Kind: ORDINANCE Recorded: "1.020"2016 at 09:46:29 AM Fee Amt: $250 Pa4e 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk //�� File2V 16+©0034457 RZN 16-5543 (3434 N CROSSOVER RD./VILLAGES ASSISTED LIVING): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5543 FOR APPROXIMATELY 21.40 ACRES LOCATED AT 3434 NORTH CROSSOVER ROAD FROM R -A, RESIDENTIAL AGRICULTURAL TO RT -12, RESIDENTIAL TWO AND THREE FAMILY; P-1, INSTITUTIONAL AND CS, COMMUNITY SERVICES. 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 -A, Residential Agricultural to RT -12, Residential Two and Three Family; P-1, Institutional and CS, Community Services. 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 10/18/2016 Page 1 Sondra E. Smith, City ClerkTreasurer Printed on 10119116 •��� Gni Y 0��'- FAYETTEVILU Attest: 1QkA NS?� TO N il, , , . Sondra E. Smith, City ClerkTreasurer Printed on 10119116 D7r\1 1,< CC/12 CVLJIRIT'n' RZN 16-5543 EXHIBIT U Legal Description of Zoning Division Requested for Rezoning Part of the Southwest % of Section 30, Township 17 North, Range 29 West, City of Fayetteville, Washington County, Arkansas being more particularly described as follows: District RT -12 Zone: Commencing at the Southeast corner of the Southwest % of said Section 30, thence N 87°16'04" W along the South line of said Southwest %, 667.12 feet; thence N 02°27'37" E, 642.63 feet to the point of beginning of lands herein described. Thence N 87°58'15"W, 446.86 feet; thence N 44°29'55" W, 390.00 feet; thence N 70°20'11" W, 72.99 feet; thence N 19°04'53" E, 404.07 feet; thence S 87°35'45"E, 686.48 feet; thence S 02°27'37" W, 672.27 feet to the point of beginning. Said lands containing 10.59 Acres (461,224 sq. ft.) more or less. Community Services Zone: Commencing at the Southeast corner of the Southwest % of said Section 30, thence N 87°16'04" W along the South line of said Southwest %, 1473.12 feet; thence N 02°43'56" E, 923.22 feet to the point of beginning of lands herein described. Thence N 70°20'11" W, 200.00 feet to a point on the East right-of-way line of Arkansas Highway 265; thence N 28°43'13" W along said East right-of-way line, 68.42 feet; thence N 27°03'38" E along said East right-of-way line, 252.44 feet; thence N 17°10'55" E along said East right-of-way line, 300.17 feet; thence N 12°01'59" E, 30.83 feet; thence S 77°58'01" E, 50.00 feet; thence S 12°01'59" W, 29.02 feet; thence along a curve to the left having a radius of 225.00 feet a distance of 216.74 feet having a chord bearing of S 15°33'46" E a distance of 208.45 feet; thence S 43°09'30" E, 65.19 feet; thence S 19°04'53" W, 404.07 feet to the point of beginning. Said lands containing 2.61 Acres (113,592 sq. ft.) more or less. P-1 Institutional Zone: Commencing at the Southeast corner of the Southwest % of said Section 30, thence N 87°16'04" W along the South line of said Southwest %, 667.12 feet; thence N 02°28'47" E, 1314.89 feet to the point of beginning of the lands herein described. Thence N 87° 35'45" W, 686.48 feet; thence N 43°09'30" W, 65.19 feet; thence along a curve to the right having a radius of 225.00 feet a distance of 216.74 feet having a chord bearing of N 15°33'46" W a distance of 208.45 feet; thence N 12°01'59" E, 29.02 feet; thence N 77°58'01" W, 50.00 feet, thence N 12°01'59" E, 171.52 feet; thence S 87°35'45" E, 813.07 feet; thence S 02°27'37" W, 450.00 feet to the point of beginning. Said lands containing 8.20 Acres (357,289 sq. ft.) more or less. Washington County, AR I certify this instrument was filed on 11 /21/2016 09:46:29 AM and recorded in Real Estate File Number 2015-(}0034457 Kyle Sylvester - Circuit Clerk 4 by City of Fayetteville, Arkansas Text File File Number: 2016-0433 Agenda Date: 10/18/2016 Version: 1 In Control: City Council Meeting Agenda Number: B. 1 RZN 16-5543 (3434 N CROSSOVER RD.NILLAGES ASSISTED LIVING): 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 16-5543 FOR APPROXIMATELY 21.40 ACRES LOCATED AT 3434 NORTH CROSSOVER ROAD FROM R -A, RESIDENTIAL AGRICULTURAL TO RT -12, RESIDENTIAL TWO AND THREE FAMILY; P-1, INSTITUTIONAL AND CS, COMMUNITY SERVICES (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 -A, Residential Agricultural to RT -12, Residential Two and Three Family; P-1, Institutional and CS, Community Services. 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 10/1912016 City of Fayetteville Staff Review Form 2016-0433 Legistar File ID 10/4/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item / Jeremy Pate 9/16/2016 City Planning Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: RZN 16-5543: Rezone (3434 N. CROSSOVER RD./VILLAGES ASSISTED LIVING, 216): Submitted by ELIZABETH A. LINK for properties at 3434 N. CROSSOVER RD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY/4 UNITS PER ACRE and R -A, RESIDENTIAL AGRICULTURAL and contains approximately 21.40 acres. The request is to rezone the property to RT -12, RESIDENTIAL TWO & THREE FAMILY, P-1, INSTITUTIONAL, AND CS, COMMUNITY SERVICES. 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 Y V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF • Ga, 1.Y a CITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF OCTOBER 4, 2016 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, Planning Director FROM: Quin Thompson, Planning DATE: September 16, 2016 SUBJECT: RZN 16-5543: Rezone (3434 N. CROSSOVER RD./VILLAGES ASSISTED LIVING, 216): Submitted by ELIZABETH A. LINK for properties at 3434 N. CROSSOVER RD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY/4 UNITS PER ACRE and R -A, RESIDENTIAL AGRICULTURAL and contains approximately 21.40 acres. The request is to rezone the property to RT -12, RESIDENTIAL TWO & THREE FAMILY, P-1, INSTITUTIONAL, AND CS, COMMUNITY SERVICES. RECOMMENDATION: The City Planning staff and Planning Commission recommend approval of an ordinance to rezone the subject property to a combination of P-1/Institutional, CS/Community Services, and RT- 12/Single and Two-family Residential, as requested by the applicant and as shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property is located at 3434 N. Crossover Road, north of Old Wire Road and contains approximately 21.40 acres of mixed pasture and forest land. A Master Street Plan `Collector' street is planned for this property, connecting Crossover Road with Bridgewater Lane. A protected stream exists on the southern portion of the area under consideration. Request: The request is to rezone the property from RSF-4 and R -A to a combination of CS, Community Services (2.61 acres), P-1, Institutional (8.20 acres), and RT -12, Residential Two and Three-family (10.59 acres). The applicant has stated that the rezoning is needed so that the property can be developed with an assisted living and memory care facility. Land Use Compatibility: The proposed zoning is somewhat compatible with the surrounding properties, which include large areas of undeveloped property and agricultural uses. A single- family family neighborhood to the west and across Crossover Road is not likely to experience negative impacts due to development under the proposed zoning districts, however, the proposed zoning would allow a significant change in land use compared to the rural and agricultural uses to the north, south, and east. Land Use Plan Analysis: The City Plan 2030 Future Land Use Map (FLUM) designates this area as Residential Neighborhood Area. This designation supports a variety of housing types, including Mailing Address: 113 W. Mountain Street www.tayetteville-ar.gov Fayetteville, AR 72701 two-family and multi -family development, as well as low -intensity non-residential uses where appropriate. Limited non-residential uses, such as restaurant, retail, and other services within residential areas are typical of traditional neighborhood development patterns and encouraged by City Plan 2030, especially along connecting corridors and at significant intersections. The Master Street Plan shows a future extension of Bridgewater Lane through this property, which will be required at the time of development. That street extension provides a future corner that further support for limited commercial development at this location. DISCUSSION: On September 12, 2016 the Planning Commission forwarded a request to rezone approximately 21.40 acres of property on Crossover Road from RSF-4 and R -A to a combination of CS, Community Services (2.61 acres), P-1, Institutional (8.20 acres), and RT -12, Residential Two and Three-family Residential (10.59 acres). A motion by Commissioner Hoskins to forward the proposal to the City Council with a recommendation for approval was made with a vote of 7-1-0 with Commissioner Brown voting 'No'. BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A ■ Exhibit B ■ Application • Planning Commission Staff Report f77K1 'ir CC A'7 CVLIIDIT I A I Legal Description of Zoning Division Requested for Rezoning Part of the Southwest % of Section 30, Township 17 North, Range 29 West, City of Fayetteville, Washington County, Arkansas being more particularly described as follows: District RT -12 Zone: Commencing at the Southeast corner of the Southwest ''/< of said Section 30, thence N 87°16'04" W along the South line of said Southwest %, 667.12 feet; thence N 02°27'37" E, 642.63 feet to the point of beginning of lands herein described. Thence N 87°58'15"W, 446.86 feet; thence N 4429'55" W, 390.00 feet; thence N 70°20'11" W, 72.99 feet; thence N 19°04'53" E, 404.07 feet; thence S 87°35'45"E, 686.48 feet; thence S 02°27'37" W, 672.27 feet to the point of beginning. Said lands containing 10.59 Acres (461,224 sq. ft.) more or less. Community Services Zone: Commencing at the Southeast corner of the Southwest % of said Section 30, thence N 87°16'04" W along the South line of said Southwest %, 1473.12 feet; thence N 02°43'56" E, 923.22 feet to the point of beginning of lands herein described. Thence N 70°20'11" W, 200.00 feet to a point on the East right-of-way line of Arkansas Highway 265; thence N 28°43'13" W along said East right-of-way line, 68.42 feet; thence N 27°03'38" E along said East right-of-way line, 252.44 feet; thence N 17°10'55" E along said East right-of-way line, 300.17 feet; thence N 12°01'59" E, 30.83 feet; thence S 77°58'01" E, 50.00 feet; thence S 12°01'59" W, 29.02 feet; thence along a curve to the left having a radius of 225.00 feet a distance of 216.74 feet having a chord bearing of S 15°33'46" E a distance of 208.45 feet; thence S 43°09'30" E, 65.19 feet; thence S 19°04'53" W, 404.07 feet to the point of beginning. Said lands containing 2.61 Acres (113,592 sq. ft.) more or less P-1 Institutional Zone: Commencing at the Southeast corner of the Southwest % of said Section 30, thence N 87°16'04" W along the South line of said Southwest %, 667.12 feet; thence N 02°28'47" E, 1314.89 feet to the point of beginning of the lands herein described. Thence N 87° 35'45" W, 686.48 feet; thence N 43°09'30" W, 65.19 feet; thence along a curve to the right having a radius of 225.00 feet a distance of 216.74 feet having a chord bearing of N 15°33'46" W a distance of 208.45 feet; thence N 12°01'59" E, 29.02 feet; thence N 77°58'01" W, 50.00 feet, thence N 12°01'59" E, 171.52 feet; thence S 87°35'45" E, 813.07 feet; thence S 02°27'37" W, 450.00 feet to the point of beginning. Said lands containing 8.20 Acres (357,289 sq. ft.) more or less. IZZN I6--5543; ZONINCI AI'PLACIATI0-Nr INFORMATION CITY OF FAYETTEVILLE, ARKANSAS REZONING 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 X Representative Applicant (person making request): Name: John Foster Address: 1615 A. Ingram Mill Road, Springfield, MO 65809 E-mail: john@fosterseniorliving.com Phone: ( 417)755-7770 Fax: ( 417) 755-7772 Representative (engineer, surveyor, realtor, etc.): Name: Elizabeth A. Link Address: 8 Hadley Lane, Edwardsville, IL 62025 E-mail: lizlink7@gmail.com Phone: ( 618) 407-3502 Fax: ( ) Site Address / Location: 3434 Crossover Road, Fayetteville, AR Current Zoning District: R/A Requested Zoning District: P1— Institutional; District RT -12; Community Services Assessor's Parcel Number(s) for subject property: 765-13251-000 (tract 2) and 765-13257-000 (tract 2) FINANCIAL INTERESTS The following entities and / or people have financial interest in this project: Foster Development Inc. 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. I understand that the City might not approve what I am applying for, or might set conditions on approval. Name (printed): Elizabeth Link Date: August 8, 2016 r07�"L Signature: 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 behalf.) Property Owners of Record (attach additional info if necessary): Name (printed): Mildred B. Winborn Address: 3139 N. Old Wire Road Signature: Date: August 8, 2016 Name (printed): Frances L Bailey Sienatu re: Date: August 8 2016 Fayetteville, AR 72703 Phone: (479) 443-0705 Address: 3211 N. Oakland Zion Road Fayetteville, AR 72703 Phone: ( 479) 200-0632 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 numberfor every adjacent property shall be shown on this map. CITY OF Tay vi"I'le ARKANSAS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Quin Thompson, Current Planner September .1 ,-2WB t f'D iTI.:I3 S'LP'I '.NJB 'R 14. 2016 SUBJECT: RZN 16-5543: Rezone (3434 N. CROSSOVER RDJVILLAGES ASSISTED LIVING, 216): Submitted by ELIZABETH A. LINK for properties at 3434 N. CROSSOVER RD. The property is zoned RSF-4, Residential Single-family/4 units per acre and R -A, RESIDENTIAL AGRICULTURAL and contains approximately 21.40 acres The request is to rezone the property to RT -12, RESIDENTIAL TWO & THREE FAMILY, P-1, INSTITUTIONAL, AND CS, COMMUNITY SERVICES. RECOMMENDATION: Staff recommends RZN 15-5543 be forwarded to the City Council with a recommendation for approval. BACKGROUND: The subject property is located at 3434 N. Crossover Road, north of Old Wire Road and contains approximately 21,40 acres of mixed pasture and forest land. A Master Street Plan 'Collector' street is planned for this property, connecting Crossover Road with Bridgewater Lane. A protected stream exists on the southern portion of the area under consideration. Surrounding land use and zoning is depicted on Table 1. DiresrtioII frons Site North South East West Table 1 Surrounding Land Use and zoning_ _ Land Use Zoning Undeveloped/Forested RT -12 Residential two and three family Undeveloped/Pasture R -A, Residential Agricultural Animal Husbandry R -A, Residential Agriculttual Sin le -family Residential RSF-4, Residential Single-farnily Request: The request is to rezone the property from RSF-4 and R -A to a combination of CS, Community Services (2.61 acres), P-1, Institutional (8.20 acres), and RT -12, Residential Two and Three-family (10.59 acres). The applicant has stated that the rezoning is needed so that the property can be developed with an assisted living and memory care facility. Public Comment: Staff has received no public comment. Mailing Address: Planning CNnmissiori eptember 12, 2016 113 W. Mountain Street www.fayetLevi llse-aAWda Item 16 Fayetteville' AR 72101 16-5543 Villages Assisted Living Page 1 of 21 INFRASTRUCTURE: Streets: The subject parcel has access to Crossover Road, a fully improved principal arterial, and state highway. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the site. There is an existing 36" transmission main along the western side of the property. This line has some 8" connections off the west side of it which could be used for connection to this property. Sewer: Sanitary Sewer is not available to the site. The nearest sanitary sewer main appears to be in the Paradise Valley Estates subdivision along the west side of Crossover Road. However, it is not clear whether that sanitary sewer can be feasibly connected to. Development of this property would require an offsite extension of sanitary sewer. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portion of this property is identified as FEMA regulated floodplains. An unnamed protected stream runs east -west along the southern side of this property. No portion of this parcel lies within the Hillside -Hilltop Overlay District. Fire: This development will be protected by Engine 5 located at 2979 N. Crossover. It is 1.2 miles from the station with an anticipated response time of 3 minutes to the beginning of the development. The Fayetteville Fire Department does not feel this development will affect our calls for service or response times. Police: The Police Department did not express any concerns with this request CITY PLAN 2€ 30 FUTURE LAND USE PLAN: City Plan 2030 Future Laird Use Pian designates this site as Residential Neighborhood Area. These areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single family, multifamily and rowhouses. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhood, such as retail and offices; on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features in the natural environment. FINDINGS OF THE STAFF RECOMMENDATION: Staff recornmends forwarding RZN 16-5543 to the City Council with a recommendation for approval, finding that the proposed zoning allows development compatible with the existing adjacent uses and consistent with City Plan 2030 goals. 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: Land Use Compatibility., The proposed zoning is somewhat compatible with the surrounding properties, which include large areas of undeveloped property and agricultural uses. A single-family family neighborhood to the Planning Commission September 12, 2016 G ;ETCtOeveiooment Services Reviewl20160evelopment Reviewl16-5543 RZN 3434 N. Crossover Rd Agenda Item 16 (The Villages Assisted Living) 21603 Planning Commission',09-12-2016;Comments and Redlines 16-5543 Villages Assisted Living Page 2 of 21 west and across Crossover Road is not likely to experience negative impacts due to development under the proposed zoning districts, however, the proposed zoning would allow a significant change in land use compared to the rural and agricultural uses to the north, south, and east. Land Use Plan Analysis: The City Plan 2030 Future Land Use Map (FLUM) designates this area as Residential Neighborhood Area. This designation supports a variety of housing types, including two-family and multi -family development, as well as low -intensity non-residential uses where appropriate. Limited non-residential uses, such as restaurant, retail, and other services within residential areas are typical of traditional neighborhood development patterns and encouraged by City Plan 2030, especially along connecting corridors and at significant intersections. The Master Street Plan shows a future extension of Bridgewater Lane through this property, which will be required at the time of development. That street extension provides further support for limited commercial development at this location. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: A rezoning is justified at this time, as a majority of the site is zoned R -A, which does not allow development consistent with the density and intensity anticipated by the Residential Area designation. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has access to Crossover Road, a fully improved MSP `Principal Arterial' and Arkansas state highway. Crossover Road has adequate capacity to serve development under the proposed zoning. Low -intensity commercial services may serve to reduce vehicle trips that would otherwise occur by serving residents of surrounding neighborhoods closer to home. A street extension required by the Master Street Plan will be reviewed 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: Rezoning the property from RSF-4 and R -A to RT -12, P-1, and CS would not undesirably affect density or load on public services. The Police and Fire Departments have expressers no objections to the proposal. 5 If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as* It would be impractical to use the land for any of the uses permitted under its existing zoning classifications.,- b. lassifications: b. There are extenuating circumstances which justify the rezoning even Planning Commission September 12, 2016 G:?ETCiOevelopment Services Review',20160evetopment Review116-5543 RZN 3434 N. Crossover Rd Agenda Item 16 ("rhe Villages Assisted Living) 216!03 Planning Commission109-12-20161Comments and Redlines 16-5543 Villages Assisted Living Page 3 of 21 though there are reasons under b (1) through (4) above why the proposed zoning is not desirable, Finding: N/A BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code sections 161.03, 161.07, 161.11, 161.20, & 161.30 • Fire Marshal Comments • Request Letter • Rezone Exhibit • One Mile Map, Close -Up Map, Current Land Use Map, Future Land Use Map PLANNING COMMISSION ACTION: Required YES Date: September 12, 2016 O Tabled vEl Forwarded O Denied (Motion: IIOSKIN'S ICITY COUNCIL ACTION: Date: October 4, 2016 Second: QUINLAN Required YES © Approved Vote: 7-1-(), B RO %k l VOTE L NQ' 1771 Denied Planning Commission September 12, 2016 G:1ETCOevelopment Services Review120160evelopment Rev;ew116-5543 RZN 3434 N. Crossover Rd Agenda Item 16 (The Villages Assisted Living) 216103 Planning Comm;ss€orn100-12-20161Comments and Redlines 16-5543 Villages Assisted Living Page 4 of 21 161.03 - 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. (t3) Uses. (1) Pennitted 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 technologies (C) Density Units per acre One-half ('t4) (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per€dwelling unit 2 acres Planning Commission September 12, 2016 Agenda Item 16 16-5543 Villages Assisted Living Page 5 of 21 (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet (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. (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. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No 5195, 11-6-08; Ord. No, 5238. 5-5- 09; Ord. No. 5479, 2-7-12) Planning Commission September 12, 2016 Agenda Item 16 16-5543 Villages Assisted Living Page 6 of 21 161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types (B) Uses, (1) Peanitted Uses, Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 0 Two-family dwellings Unit 12 Limited business Unit 24 ' Home occupations Unit 36 Wireless communications facilities Unit 44 ' Cottage Housing Development (C) Density. Single-family Two (2) family dwellings dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family Planning Commission September 12, 2016 Agenda Item 16 16-5543 Villages Assisted Living Page 7 of 21 dwellings dwellings Lot minimum 70 feet 80 feet width Lot area 8,000 square 12,000 square minimum feet feet Land area per 8,000 square 6,000 square dwelling unit feet feet Hillside Overlay District Lot 60 feet 70 feet minimum width Hillside Overlay 8,000 square 12,000 square District Lot feet feet area minimum Land area per 8,000 square 6,000 square dwelling unit feet feet Planning Commission September 12, 2016 Agenda Item 16 16-5543 Villages Assisted Living Page 7 of 21 (E) Setback Requirements, .................. Front Side Rear 15 feet 5 feet 15 feet (F) Building Heiglit Regulations. Building Height Maximum 45 feet Height Regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (G) Building Area_ On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot, (Corte 1991, §160.031; Ord. No. 4100, §2 (lac. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No, 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No, 5312, 4-20-10; Ord. No, 5462, 12.6-11) Planning Commission September 12, 2016 Agenda Item 16 16-5543 Villages Assisted Living Page 8 of 21 161.11 - District RT -12, Residential Two (2) And Three (3) Family (A) Purpose. The RT -12 Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a development potential between low density and medium density with less impact than medium density development, to encourage the development of areas with existing public facilities>and to encourage the development of a greater variety of housing values (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) family dwellings 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 5 Government facilities Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density Units per acre 12 (D) Bulk and Area Regulations. Single- Two (2) Three (3) family family family Lot width 50 feel 50 feet 90 feet minimum 5.000 7.260 square Lot area 10.890 rninimum square feet feet square feet. (E) Setback Requirements. Side Side Single & Rear Rear Front Other Two (2) Other Single Uses family Uses Family A build -to zone that is located between the front 8 feet 5 feet 20 feet 5 feet property line and a line 25 Planning Commission September 12, 2016 Agenda Item 16 16-5543 Villages Assisted Living Page 9 of 21 feet from the front property line. (F) Building Height Regulations. Building height maximum 30/45 feet "A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right -of- way line shall have a maximum height of 30 feet. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of 45 feet. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. (H) Minimum Buildable Street Frontage. 50% of the lot width (Code 1965, App A., Art. 5(1[A); Ord, No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord, No 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20- 10; Ord. No. 5462, 12-6-11; Ord. No, 5592, 06-18-13; Ord, No 5664, 2-18-14; Ord. No. 5800, § 1(Exh. A), 10-6-15) Planning Commission September 12, 2016 Agenda Item 16 16-5543 Villages Assisted Living Page 10 of 21 161.30 - District P-11 Institutional (A) Purpose The Institutional District is designed to protect and facilitate use of property owned by larger public institutions and church related organizations (B) Uses. (1) Permitted Uses_ Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities (2) Conditional Uses. Unit 2 i City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front30 feet Front, if parking is allowed between the right 50 of -way and the building feet Side 20 feet Side, when contiguous to a residential district 25 feet Rear 25 feet Rear, from center lime of public alley 10 feel (F) Height Regulations_ There shall be no maxirnurn height limits in P-1 Districts, provided, however, that any building which exceeds the height of 20 feet shall be set back from any boundary line of any residential district a distance of one foot for each foot of height in excess of 20 feet (G) Bi ilding Aiva. On any lot the area occupied by all buildings shall not exceed 60% of the totat area of such lot - (Code 19651 App. A . Art. 5(XI); Ord. No. 2603, 2-19-80, Ord No. 2621, 4-1-80; Ord. No, 1747, 6-29-70; Code 1991. §160.042; Ord. No. 4100. §2 (Ex. A). 6-16-98; Ord. No. 4178, 8-31-99: Ord, No. 5073, 11-06-07; Ord, No. 5195, 11-6- 08: Ord. No. 5312, 4-20-10: Ord. No. 5800. § 1(Exh. A), 10-6-15) Planning Commission September 12, 2016 Agenda Item 16 16-5543 Villages Assisted Living Page 11 of 21 161.20 - 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) Pennifted 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 Three-family dwellings 1© Unit Eating places 18 Unit Neighborhood Shopping goods Unit Gasoline service stations and drive-inldrive 18 through restaurants Unit Home occupations 24 Unit Offices, studios and related services 25 Unit I+Aulti-family dwellings 26 Unit Cottage Housing Development 44 Unit Small scale production 45 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 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Planning Commission September 12, 2016 Agenda Item 16 16-5543 Villages Assisted Living Page 12 of 21 Unit 34 Liquor stores Unit 35 Ouidoor music establishments Unit 36 Wireless communication facifitiee Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None. JD) Salk and Area Regulations. (1) tot Width Minitritim. Dwelling; -- yW�16 feet All others None (2) Lot Area Minimum. None. (E) Setback regulations, Front: Side aaad rear: Side or rear, when contiguous to a sint3le- farnity residential district: A build -to Tone that is located between 10 feet and a line 25 feet frorn the front property line_ None (F) Building Height Regulations. 15 feet Building Height Maximunt 56 feet (G) Minimum Buildable Street Frantaige.50% of the Pot width. (Ord, No. 5312, 4-20-10: Ofd. No. 5339. 8-3-10, Ord. No. 5462, 12.6-11; Ord. No. 5592, 6-18-13: Ord.. No. 5664, 2- 18-14: Ord. No. 5735, 1-20.15, Ord No. 5800, § 1(kxh. A), 10-6-15) Planning Commission September 12, 2016 Agenda Item 16 16-5543 Villages Assisted Living Page 13 of 21 CITY OF % T 7 • /1-- Ile ay i?KOlhl aA5 To: Andrew Garner From: Captain J. Ashley; Assistant Fire Marshal Date: 8/12/16 Re: RZN 16-5543 / 3434 N. Crossover This development will be protected by Engine 5 located at 2979 N. Crossover. ON trEvlc� fiRF DEP-1 It is 1.2 miles from the station with an anticipated response time of 3 minutes to the beginning of the development. The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times. if you have any questions please feel free to contact me. Captain Jeremy Ashley Fayetteville Fire Department FAYETrE ILI € FtRF. MARSHALS OFFICF Planning Commission September 12, 2016 Agenda Item 16 16-5543 Villages Assisted Living Page 14 of 21 0 APPLICANT'S REQUEST LETTER 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 cannot accurately be platted or if it is described by referring to other deeds. EX — 02 attached (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. included (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 owners name, official mailing address, and the parcel number for every adjacent property shall be shown on this map. Exhibit EX -01 attached (5) A written description of this request addressing the following items: a_ Current ownership information and any proposed or pending property sales. Property is owned by: Mildred B. Winborn and Frances L. Bailey 3139 N. Old Wire Road Fayetteville, AR and is under contract via a purchase and sale agreement with: Foster Development Inc. 1615 A Ingram Mill Road Springfield Mo 55809 b. Reason (need) for requesting the zoning change. Property is currently zoned R/A. Market studies demonstrate the increasing need for assisted living and memory care as well as independent senior living in Fayetteville. The proposed project combines these three types of accommodations, as well as commercial uses to increase the quality of life for the residents. To quote the University of Arkansas Community Design Center, "Aging in place is a planning initiative to align housing and health care services with the changing needs of seniors. This avoids the common problems of under -care and over -care. Changing margins of Planning Commission September 12, 2016 Agenda Item 16 16-5543 Villages Assisted Living Page 15 of 21 d. Availability of water and sewer (state size of lines). This information is available from the City Engineering Division. Water Service There is an existing 36" ductile iron water main located on Parcel A, within a utility easement adjacent to the right of way for North Crossover Road (State Highway 265). Based on preliminary discussions with the City Engineering Division on July 26, 2016, this line can be utilized for the proposed development by tapping to one of the 8" service lines from this main. Sanitary Sewer Service There is an existing 12" PVC sanitary sewer main crossing North Crossover Road (State Highway 265), approximately 1,200' north of the Parcel A property line. Based on preliminary discussions with the City Engineering Division on July 26, 2016, this line has adequate capacity to handle the proposed development. The proposed development is planned for: 100 -room assisted living center/memory care unit 14 duplexes (28 one or two bedroom units) 14,000 SF Retail 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. The long range pian designates the project area as Residential Neighborhood Area. Property to the north, east and south also have the Residential Neighborhood Area designation. To the west, the property is bounded by Crossover Road (highway 265), and is currently developed as single family residential. f. Whether the proposed zoning is justified and/or needed at the time of the request. The site provides a unique opportunity to combine the three types of senior living: independent living, assisted living, and memory care along with supportive neighborhood commercial uses like dining and healthcare. With an aging population in the United States, Fayetteville too needs additional options for its residents in their senior years. This community will allow residents the ability to be as mobile and social as they want. Enhanced landscaping will make this community an enjoyable walking experience, and the planned courtyards will take advantage of the weather and growing season to provide a safe yet inviting outdoor experience for residents. But if mobility becomes an issue changing to a unit which provides more assistance can be easily accomplished with less stress and worry for the resident. Planning Commission September 12, 2016 Agenda Item 16 16-5543 Villages Assisted Living Page 16 of 21 i Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification. The existing zoning will not allow for the construction of the assisted living, memory care senior cottages and commercial uses that are needed in the area. See market analysis in supporting documentation. (6) The applicant is responsible for meeting the public notification requirements for a Rezoning listed on the Notification Requirements pages in this application. Planning Commission September 12, 2016 Agenda Item 16 16-5543 Villages Assisted Living Page 17 of 21 Agenda Item 16 16-5543 Villages Assisted Living Page 18 of 21 Agenda Item 16 16-5543 Villages Assisted Living Page 19 of 21 Agenda Item 16 16-5543 Villages Assisted Living Page 20 of 21 Agenda Item 16 16-5543 Villages Assisted Living Page 21 of 21 �FRI, 1 i� l i l !�1 i i ,.�I � �� � � / � ► .0, BOX 16,07'. i".... l';_ A `2! .JL. i., .< .. J :AX: ' I:. 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. 5915 Was inserted in the Regular Edition on: October 27, 2016 Publication Charges: $ 75.40 co Karen Caler Subscribed and sworn to before me This I day of YAo-,t", 2016. 00�a Notary Public My Commission Expires: CATHY V ILES Arkansas - Benton County Notary Public - Cairun 12397118 My Commission Expires Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 5915 File Number: 2016-0433 RZN 16-5543 (3434 N CROSSOVER RD./VILLAGES ASSISTED LIVING): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN I6-5543 FOR APPROXIMATELY 21.40 ACRES LOCATED AT 3434 NORTH CROSSOVER ROAD FROM R -A, RESIDENTIAL AGRICULTURAL TO RT -12, RESIDENTIAL TWO AND THREE FAMILY; P-1, INSTITUTIONAL AND CS, COMMUNITY SERVICES. 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 -A, Residential Agricultural to RT -12, Residential Two and Three Family; P-1, Institutional and CS, Community Services. 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 10/18/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73902548 Oct. 27, 2016 RECEIVED Nov 0.3 2016 CI TY CLERK'S OFFICE