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Home My WebLink AboutORDINANCE 5934113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5934 File Number: 2016-0555 l lllllll llill4lll 44141 ll4ll 144141141ti 44411 ll 111 411114llll 44111 lull lull 41�1 llli Doc ED: 017240560004 Type: Kind: O tDIUANCE, Recorded. 01/111page at 0$:55:43 AM Fee Amt: $30.00 Rage 1 of 4 washinilton Countv . AR Kyle 5vlvester circuit clerk File2017-00000915 RZN 16-5624 (SW CORNER OF GREGG AVE. & DRAKE ST./DRAKE ST. HOLDINGS, LLC): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5624 FOR APPROXIMATELY 8.95 ACRES LOCATED AT THE SOUTHWEST CORNER OF GREGG AVENUE AND DRAKE STREET FROM RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE TO 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 RMF-24, Residential Multi Family, 24 Units Per Acre to 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 12/6/2016 Page 1 Printed on 1217116 Ordinance: 5934 File Number.' 2016-0555 Attest: Sondra E. Smith, City�W;Fi FAYFT-TF—VtLLE x Ire .j6. ti G TO Page 2 Printed on 1217116 RZN 16-5624 Close Up View MEADE ST w N W O BOWERS ST R-A DRAKE ST. HOLDINGS 1 16-5624 EXHIBIT 'A' Subject Property P-1 PRIVATE 511 RMF-24 p t c � 1 r t Z t PRIVATE 2630 t NORTH Legend Planning Area 4 ' Fayetteville City Limits Y Y Feet Shared Use Paved Trail Trail (Proposed) 0 75 150 300 450 600 Building Footprint 1 1 inch = 200 feet -' Residential -Agricultural ;.� RT-12 Residential Two and Three-family RMF-24 Urban Thoroughfare P-1 16-5624 EXHIBIT 'B' Legal Description A part of the Northwest Quarter of the Southeast Quarter (NW/4 SE/4) of Section Thirty-four (34), Township Seventeen (17) North, Range Thirty (30) West, Washington County, Arkansas, being more particularly described as follows: Commencing at the steel rebar pin that marks the Northwest corner of said NW/4 of the SE/4, thence South 87 degrees, 28 minutes, 35 seconds East along the North line of NW/4 of the SE/4 694.98 feet to a steel rebar pin, said pin being the POINT OF BEGINNING and run thence South 87 degrees, 28 minutes, 35 seconds East along said North line of NW/4 of the SE/4 276.94 feet to the right of way granted to the Arkansas Highway and Transportation Department in Washington County Deed Record 2005-27640, thence South 01 degrees, 18 minutes, 52 seconds West along said right of way line as monumented 7.09 feet; thence continuing along said right of way line as monumented South 73 degrees, 31 minutes, 19 seconds East 51.82 feet; thence continuing along said right of way line as monumented South 85 degrees, 17 minutes, 03 seconds East 46.48 feet to a steel rebar pin, thence departing said right of way line South 06 degrees, 58 minutes, 35 seconds East 510.33 feet; thence South 87 degrees, 28 minutes, 38 seconds East 18.98 feet to a steel rebar pin; thence 342.44 feet along a non -tangent curve to the left said curve having a radius of 3235.68 feet and a long chord of South 17 degrees, 54 minutes, 13 seconds East 342.28 feet; thence North 87 degrees, 28 minutes, 38 seconds West 596.01 feet to a steel rebar pin; thence North 02 degrees, 29 minutes, 24 seconds East 845.46 feet to the Point of Beginning, containing approximately 386657.66 square feet or 8.88 acres, more or less. Subject to the right of way of Drake Street along the North side, all other rights of way, easements, and covenants of record or in fact. LESS AND EXCEPT THAT PARCEL PREVIOUSLY CONVEYED TO THE CITY OF FAYETTEVILLE, AS SETOUT IN WARRANTY DEED FILED FOR RECORD AUGUST 7, 2009, AS DOCUMENT NO. 2009-0025826, RECORDS OF WASHINGTON COUNTY, ARKANSAS, AS FOLLOWS: A right of way of forty-four (44) feet equal and uniform width across a part of the Northwest Quarter of the Southeast Quarter (NW 1/4 of the SE 1/4) of Section Thirty-four (34), Township Seventeen North (Twp. 17 N.), Range Thirty West (Rng. 30 W.). City of Fayetteville, Washington County, Arkansas the boundary of the subject property being described in Plat Record 2006-27316 of the records of the Circuit Clerk and Ex-officio recorder of Washington County, Arkansas, said right of way being more particularly described as follows: Commence at the northwest corner of said NW 1/4 of the SE 1/4 of Section 34, Twp. 17 N. Rng. 30 W.; thence S87 °28'35"E 694.98 feet to the northwest corner of the subject property; thence S02 °29'44"W 845.46 feet along the west line of said subject property to the southwest coiner thereof; thence S87 °28'38"E 408.07 feet along the south line of said subject property to the Point of Beginning and run thence NO3 °49'16"W 51.91 feet; thence 223.85 feet along a curve to the right, said curve having a radius of 180.00 feet and a long chord of N31 °48'24"E 209.71 feet; thence 44.29 feet along a non -tangent curve to the left, said curve having a radius of 3235.68 feet and a long chord of S16 °52'18"E 44.29 feet; thence 164.74 feet along a non -tangent curve to the left, said curve having a radius of 136.00 feet and a long chord of S30°52'51"W 154.85 feet; thence S03°49'16"E 56.81 feet; thence N87°28'38"W 44.27 feet to the Point of Beginning, containing approximately 10938.73 sq. ft. or 0.25 acres, more or less. Washington County, AR I certify this instrument was filed on 01 /11 /2017 08:55:43 AM and recorded in Real Estate File Number 2017-00000915 Kyle Sylvester - Cir rk itC by City of Fayetteville, Arkansas 113 West Mountain Street _ Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2016-0555 Agenda Date: 12/6/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 6 RZN 16-5624 (SW CORNER OF GREGG AVE. & DRAKE ST./DRAKE ST. HOLDINGS, LLC): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5624 FOR APPROXIMATELY 8.95 ACRES LOCATED AT THE SOUTHWEST CORNER OF GREGG AVENUE AND DRAKE STREET FROM RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE TO 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 RMF-24, Residential Multi Family, 24 Units Per Acre to 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 12/7/2016 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 6-555 Legistar File ID 2206 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/18/2016 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: RZN 16-5624: Rezone (SW CORNER OF GREGG AVE. & DRAKE ST./DRAKE ST. HOLDINGS, LLC, 289): Submitted by COLLIERS INTERNATIONAL, INC. for properties at the SW CORNER OF GREGG AVE. & DRAKE ST . The properties are zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contain approximately 8.95 acres. The request is to rezone the property to 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 V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF Fayt--klle CITY COUNCIL AGENDA MEMO AKANAS MEETING OF DECEMBER 6, 2016 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, Planning Director FROM: Harry Davis, Current Planner DATE: November 18, 2016 SUBJECT: RZN 16-5624: Rezone (SW CORNER OF GREGG AVE. & DRAKE STJDRAKE ST. HOLDINGS, LLC, 289): Submitted by COLLIERS INTERNATIONAL, INC. for properties at the SW CORNER OF GREGG AVE. & DRAKE ST . The properties are zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contain approximately 8.95 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: The City Planning staff and Planning Commission recommend approval of an ordinance to rezone the subject property to CS, Community Services, as requested by the applicant and as shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The three subject parcels totaling 8.95 acres are located at the southwest corner of Drake St. and Gregg Ave. The property is zoned RMF-24, Residential Multi -family, 24 Units per Acre and currently undeveloped with a public road, Quality Lane, running through one of the parcels. The eastern portion of the site is encompassed by the Scull Creek floodplain. Surrounding land use and zoning is depicted on Table 1. Request: The request is to rezone the site (approximately 8.95 acres) from RMF-24 to CS as the applicant would like to develop the property with a mix of uses. Land Use Compatibility: The proposed zoning is largely compatible with the nearby properties, including the UT and RMF-24 zones to the north and south, respectively. Uses permitted in CS, such as single-family, multi -family, eating places, offices, shopping, etc., are generally compatible with current or permitted uses in the surrounding zoning, barring the University of Arkansas land zoned R-A. The more intense commercial uses could be considered incompatible when directly adjacent to R-A, but the subject property already has the ability to do dense development and the added commercial uses would arguably not increase or expand the disparity. Additionally, the U of A farm is an institutional use that would not be adversely impacted by this rezoning. Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM). The definition of a City Neighborhood area highlights particular characteristics of what this area should be, which is generally dense residential and non-residential uses on street Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 corners and along transit corridors. Such areas have a very wide spectrum of allowed uses that contribute to a neighborhood's overall walkability and sustainability, which necessitate traditional development patterns and buildings placed closer to the property line. CS allows for the very same things: mixture of dwelling types from single-family to apartments and live/work, a dynamic range of uses from residential and open space to varying intensities of non-residential development and businesses, and build -to zones closer to the street for new development. Therefore, the proposed zoning does encourage patterns of development that result in realizing these goals of City Plan 2030 and connect the definitions and City-wide aspirations between the proposed zoning and future land use. The location of this property makes CS a highly appropriate zone for this property. CS at the corner of two Minor Arterial streets is a generally appropriate situation for this zoning district's purpose and the subject property's context, coupled with the aforementioned compatibility with the 2030 Plan. The site has direct access to Drake St. and Quality Ln., which both connect to Gregg Ave. CS zoning would allow greater and more diverse residential and non-residential uses by right, which may increase traffic compared to the existing use and zoning. The surrounding street system has adequate capacity to handle increased traffic. DISCUSSION: On November 14, 2016 the Planning Commission forwarded the applicant's request with a recommendation for approval by a vote of 8-0-0. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Application ■ Planning Commission Staff Report RZN 16-5624 DRAKE ST. HOLDINGS 16-5624 Close up View EXHIBIT 'A' r !r Subject Property DRAKE ST P-1 G) m G PRIVATE 511 G m R-.a R N1 F-2 4 MEADE ST DRAKE w C: D w N z f w o z PRIVATE 2630 BOWERS ST NORTH Legend I — I Planning Area Residential -Agricultural — - - RT-12 Residential Two and Three-family 4 _ _ :Fayetteville City Limits RMF-24 Shared Use Paved Trail Feet M Urban Thoroughfare P-1 Trail (Proposed) 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet 16-5624 EXHIBIT 'B' Legal Description A part of the Northwest Quarter of the Southeast Quarter (NW/4 SE/4) of Section Thirty-four (34), Township Seventeen (17) North, Range Thirty (30) West, Washington County, Arkansas, being more particularly described as follows: Commencing at the steel rebar pin that marks the Northwest corner of said NW/4 of the SE/4, thence South 87 degrees, 28 minutes, 35 seconds East along the North line of NW/4 of the SE/4 694.98 feet to a steel rebar pin, said pin being the POINT OF BEGINNING and run thence South 87 degrees, 28 minutes, 35 seconds East along said North line of NW/4 of the SE/4 276.94 feet to the right of way granted to the Arkansas Highway and Transportation Department in Washington County Deed Record 2005-27640, thence South 01 degrees, 18 minutes, 52 seconds West along said right of way line as monumented 7.09 feet; thence continuing along said right of way line as monumented South 73 degrees, 31 minutes, 19 seconds East 51.82 feet; thence continuing along said right of way line as monumented South 85 degrees, 17 minutes, 03 seconds East 46.48 feet to a steel rebar pin, thence departing said right of way line South 06 degrees, 58 minutes, 35 seconds East 510.33 feet; thence South 87 degrees, 28 minutes, 38 seconds East 18.98 feet to a steel rebar pin; thence 342.44 feet along a non -tangent curve to the left said curve having a radius of 3235.68 feet and a long chord of South 17 degrees, 54 minutes, 13 seconds East 342.28 feet; thence North 87 degrees, 28 minutes, 38 seconds West 596.01 feet to a steel rebar pin; thence North 02 degrees, 29 minutes, 24 seconds East 845.46 feet to the Point of Beginning, containing approximately 386657.66 square feet or 8.88 acres, more or less. Subject to the right of way of Drake Street along the North side, all other rights of way, easements, and covenants of record or in fact. LESS AND EXCEPT THAT PARCEL PREVIOUSLY CONVEYED TO THE CITY OF FAYETTEVILLE, AS SETOUT IN WARRANTY DEED FILED FOR RECORD AUGUST 7, 2009, AS DOCUMENT NO. 2009-0025826, RECORDS OF WASHINGTON COUNTY, ARKANSAS, AS FOLLOWS: A right of way of forty-four (44) feet equal and uniform width across a part of the Northwest Quarter of the Southeast Quarter (NW 1/4 of the SE 1/4) of Section Thirty-four (34), Township Seventeen North (Twp. 17 N.), Range Thirty West (Rng. 30 W.). City of Fayetteville, Washington County, Arkansas the boundary of the subject property being described in Plat Record 2006-27316 of the records of the Circuit Clerk and Ex-officio recorder of Washington County, Arkansas, said right of way being more particularly described as follows: Commence at the northwest corner of said NW 1/4 of the SE 1/4 of Section 34, Twp. 17 N. Rng. 30 W.; thence S87 °28'35"E 694.98 feet to the northwest corner of the subject property; thence S02 °29'44"W 845.46 feet along the west line of said subject property to the southwest coiner thereof; thence S87 °28'38"E 408.07 feet along the south line of said subject property to the Point of Beginning and run thence NO3 °49'16"W 51.91 feet; thence 223.85 feet along a curve to the right, said curve having a radius of 180.00 feet and a long chord of N31 °48'24"E 209.71 feet; thence 44.29 feet along a non -tangent curve to the left, said curve having a radius of 3235.68 feet and a long chord of S16 °52'18"E 44.29 feet; thence 164.74 feet along a non -tangent curve to the left, said curve having a radius of 136.00 feet and a long chord of S30°52'51"W 154.85 feet; thence S03°49'16"E 56.81 feet; thence N87°28'38"W 44.27 feet to the Point of Beginning, containing approximately 10938.73 sq. ft. or 0.25 acres, more or less. CITY OF FAYETTEVILLE, ARKANSAS REZONING FOR STAFF USE ONLY FEE,: �325.fi � Date Application Submitted: signs F'ee: S.00 Date Accepted as Complete. S-T-R: Case / Append Number. PA#J: Public Nearing 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: 2 Applicant representative Applicant (person making request): Representative (engineer, surveyor, realtor, etc.): Name: .pill- V- Sjf�= V L x f Ef,,Uf, Name: 'RAMS� "?;,LLL— UAA-LOA2� JArL Address: r".'D. ?;C/ Address: Ar- . Pl_►V !J AGI. 6�! 1L s;, >-maii:lhs�(P.,QA�w�n-mail:_c� LLt�. cars�n Phone: )2-- l C3 1 ly t 4v Pax: (") l Phone: (��#ta -Q Fax: Site Address I Location: lW L"�I`YjP�1ir _ (�e4CA aV# - t C UNJ Current Zoning District. Requested Zoning District: Q�rwfwy�1 x"vetce�s tj- Assessor's Parcel Number(s) for subject property: J(Ag r LWV 9A-- QUO IGY�, -159p5'gp-o FINANCIAL INTERESTS The f®Ilowing entities and 1 or peoplo have financial interest in this project: March 2014 Pine I APPLICANT I 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). N • F-A. A 4r Date: ,o "1 Si ure• PROPERTY OWNERS) I AUTHORIZED AGENT: Uwe certify under penalty of perjury that I am/we are the owners) of the property that is the subject of this application and that Ywe have read this application and consent to its filing. (If signed by the authorized agent, a kderfrom each property owner must be provided indiceding that the agent is authorized to act on hislher behalf.) Property Owners of Record (attach additional irt/'o if necessary): Nance (printed):-3alkL�lj! Signature. Date: f0 q Address. -P 0, ':IA-49 BSI jk� - , 37.3?_. Phone: ( 4 (A 2.-1'1� 0 Name (printed): Address: Si attire• Phone: Date: Rezoning Checklist: Attach the following items to this application. (1) Payment hi 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.ep.waashingto i ar.us3. 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 ay Il e ARKANSAS TO: THRU: FROM: MEETING DATE PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Harry Davis, Planner November--14, 201-6 UPDATED WITH PC RESULTS SUBJECT: RZN 16-5624: Rezone (SW CORNER OF GREGG AVE. & DRAKE ST./DRAKE ST. HOLDINGS, LLC, 289): Submitted by COLLIERS INTERNATIONAL, INC. for properties at the SW CORNER OF GREGG AVE. & DRAKE ST . The properties are zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contain approximately 8.95 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: Staff recommends forwarding RZN 16-5624 with a recommendation for approval. BACKGROUND: The three subject parcels totaling 8.95 acres are located at the southwest corner of Drake St. and Gregg Ave. The property is zoned RMF-24, Residential Multi -family, 24 Units per Acre and currently undeveloped with a public road, Quality Lane, running through one of the parcels. The eastern portion of the site is encompassed with the Scull Creek floodplain. Surrounding land use and zoning is depicted on Table 1. Direction Site North Table 1 - Surrounding Land Use and Zoning from 1 Land Use Undeveloped South Village at Scull Creek (Sources Multi -family complex) East Frisco Railroad, Scull Creek Trail West University of Arkansas Agriculture Zoning UT, Urban Thoroughfare RMF-24, Residential Multi -family, 24 Units per Acre _ RMF-24, Residential Multi -family, 24 Units per Acre; Railroad ROW; P-1, Institutional R-A, Residential Agriculture Request: The request is to rezone the site (approximately 8.95 acres) from RMF-24 to CS as the applicant would like to see a mix of uses permitted on this property. Public Comment: No public comment as of writing this report. INFRASTRUCTURE: Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Streets: The subject parcels have access to Drake Street and Quality Lane. The parcels are cut off from direct access to Gregg Avenue by existing railroad right of way. Drake Street is designated as a Minor Arterial street in the Master Street Plan, but today is just a two-lane asphalt street without storm drainage, curb/gutter, or sidewalk improvements. Quality Lane is a fully improved local street, 2-lanes with curb/gutter, storm drainage, and sidewalks already constructed. The master trails plan shows a trail alignment proposed across the northern portion of this property. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to these parcels. There is an existing 8" water main in the Drake Street right of way available for services. There is also an existing 18" water main in the Gregg Avenue right of way available for main extensions. Sewer: Sanitary Sewer is available to the site. There is an existing 8" sewer main located in the southeast corner of these parcels. A larger 33" sewer main exists on the eastern edge of these parcels in an existing easement. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. Portions of these properties are identified as FEMA regulated floodplains and floodways. No portions of these parcels lies within the Hillside -Hilltop Overlay District or have slopes in excess of 15%. Hydric soils are present on the site and any proposed development would be required to provide a preliminary wetlands statement. Fire: The Fire Department has not commented on this proposal. Police: The Police Department did not express any concerns with this request. CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the properties within the proposed rezone 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 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: Land Use Compatibility: The proposed zoning is largely compatible with the nearby properties, including the UT and RMF-24 zones to the north and south, respectively. Uses permitted in CS, such as single-family, multi- family, eating places, offices, shopping, etc., are generally compatible with current or permitted uses in the surrounding zoning, barring the University of Arkansas land zoned R-A. The more intense commercial uses could be considered incompatible when directly adjacent to R-A, but the subject property already has the ability to do dense development and the added commercial uses would arguably not increase or expand the disparity. GAETC\Development Services Review\2016\Development Review\16-5624 RZN SW Corner of Gregg & Drake (Drake St Holdings) 28� Additionally, the U of A farm is an institutional use that would not be adversely impacted by this rezoning. The maximum height of 66 feet in CS is lower than RMF-24's maximum of 60 feet and lower than UT's maximum of 86 feet. R-A does not have a maximum height limit, although it is dependent on distance to property lines. This rezone proposal would be compatible in height to nearby districts. Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM). The definition of a City Neighborhood area highlights particular characteristics of what this area should be, which is generally dense residential and non-residential uses on street corners and along transit corridors. Such areas have a very wide spectrum of allowed uses that contribute to a neighborhood's overall walkability and sustainability, which necessitate traditional development patterns and buildings placed closer to the property line. CS calls for the very same things: mixture of dwelling types from single-family to apartments and live/work, a dynamic range of uses from residential and open space to varying intensities of non-residential development and businesses, and build -to zones closer to the street for new development. Therefore, the proposed zoning does encourage patterns of development that result in realizing these goals of City Plan 2030 and connect the definitions and City-wide aspirations between the proposed zoning and future land use. The location of this property makes CS a highly appropriate zone for this property. CS at the corner of two Minor Arterial streets is a generally appropriate situation for this zoning district's purpose and the subject property's context, coupled with the aforementioned compatibility with the 2030 Plan. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant has requested the zoning change in order to appropriately develop the property with mixed use under CS. In the future, this property and the property to the north would help create a corner at the corner of Drake St. and Gregg Ave., except for where the railroad intersects. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has access to Drake St. and Gregg Ave. The CS zoning would allow greater and more diverse residential and non-residential uses by right, which may increase traffic compared to the existing use and zoning. The surrounding street system has adequate capacity to handle increased traffic. 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 RMF-24 to CS would allow a greater density, but would not undesirably increase the load on public services more than what is already offered in the existing district. G:\ETC\Development Services Review\2016\Development Review\16-5624 RZN SW Corner of Gregg & Drake (Drake St. Holdings) 289 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Staff recommends forwarding RZN 16-5624 with a recommendation for approval based on the findings discussed throughout this report. PLANNING COMMISSION ACTION: Required YES Date: November 14, 2016 O Tabled 0 Forwarded O Denied Motion: Hoskins Motion to forward with recommendation Second: Quinlan for approval Vote: 8-0-0 Motion passe:, BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code sections 161.15 & 161.22 • Request letter • One Mile Map • Close -Up Map • Current Land Use Map ■ Future Land Use Map G:\ETC\Development Services Review\2016\Development Review\16-5624 RZN SW Corner of Gregg & Drake (Drake St. Holdings) 289 + 161.15 -District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre (A) Purpose. The RMF-24 Multi -family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi -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 Manufactured home park 11 Unit Limited business 12 Unit Home occupations 24 Unit Professional offices .25 Unit Wireless communications facilities 36 C) Density. Units per acre 24 or less (D) Bulk and Area Regulations (1) Lot Width Minimum. IManufactured home park 100 feet Lot within a Manufactured home 50 feet ark Single-family 35 feet Two-family 35 feet 'Three or more 70 feet 100 Professional offices feet (2) Lot Area Minimum. (Manufactured home park 3 acres Lot within a mobile home 4,200 square park feet "Townhouses: Individual lot 2,000 square feet Single-family 3,000 square feet Two (2) family 4,000 square feet Three (3) or more 7,000 square feet Fraternity or Sorority 2 acres (Professional offices 1 acres 3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet (E) Setback Requirements. Side Side Rear Rear Front Other Single) Other Single Uses Two Uses Family Family Family A build -to zone that is located between the (front property line and 8 feet 5 feet 20 feet 5 feet a line 25 feet from the front property line. (F) Building Height Regulations. [Building Height Maximum 30/45/60 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, between 10-20 feet from the master street plan right-of-way a maximum height of 45 feet and G:\ETC\Development Services Review\2016\Development Review\16-5624 RZN SW Corner of Gregg & Drake (Drake St Holdings) 289 buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 60 feet. 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. (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(III); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; 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. 5495, 4-17-12; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. , § 1(Exh. A), 10-6-15) G:\ETC\Development Services Review\2016\Development Review\16-5624 RZN SW Corner of Gregg & Drake (Drake St. Holdings) 289 CITY OF Tay4 e ARKANSAS • 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. ( I ) Permitted Uses,. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwe.11in s Unit 9 Two-famil dwellin s Unit Three-family dwellings 10 lUnit Eating places 13 Unit Neighborhood Shopping goods 15 Unit Gasoline service stations and drive-in/drive 18 through restaurants Unit Home occupations 24 'Unit Offices, studios and related services 25 Unit Multi -family dwellings 26 Unit Cottage Housing Development 4 Unit Small scale production 5 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. PLANNING COMMISSION MEMO (2) Conditional Uses. !Unit 2 City- ide uses by conditional use permit iUnit 3 Public protection and utility facilities (Unit 14 Hotel, motel and amusement services iUnit 16 Sho2ping goods 'Unit 17 Transportation, trades and services 'Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities* Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling 1 18 feet All others I None (2) Lot Area Minimum.None �!.-.) Netback A build -to zone that is located between 10 feet (Front: and a line 25 feet fi•om the front property line. .Side and rear: None Side or rear, when contiguous to a single- family residential 15 feet district: (F) Builditk< Height R€;gutations. F3uildin g Height Maximum 56 feet (G) Minimum Buildable Street Frontage.50% of the lot width. Mailing Address: 113 W. Mountain Street www,fayetteville-ar.gov Fayetteville, AR 72701 Drake Street Holdings, LLC Rezoning Request RMF-24 to Community Services A. The property is currently owned by Drake Street Holdings, LLC. It is the intent of the owner to sell the property when rezoned. B. The rezoning from RMF-24 to Community Services will allow the property to be developed with a mix of offices and other uses. C. The proposed rezoning will be compatible with surrounding uses and proposed uses. The surrounding properties have a mix of uses, primarily multifamily and institutional. The property immediately to the north was recently approved for office development, and the property to the south was rezoned to Urban Thoroughfare. The subject property is located at the intersection of Drake and Gregg Streets, which are non-residential streets. The subject property will be subject to design and signage consistent with Community Services. D. The property is served by 8" water lines to both the south and north. In addition, an 18" water line is located to the east of the property. The property is served by both 8" and 33" sanitary sewer lines. E. The proposed zoning is consistent with the 2030 Future Land Use Plan which shows City Neighborhood Area for the property. F. The proposed zoning is both justified and needed now. G. The proposed zoning will decrease future traffic to the property, as the current zoning allows the development of over 200 apartment units. H. The proposed zoning will decrease the need for public infrastructure, as the current zoning allows the development of over 200 apartment units. I. It is currently impractical to develop apartments on the property, due the current construction of numerous projects in the Fayetteville market. Legal Description A part of the Northwest Quarter of the Southeast Quarter (NW/4 SE/4) of Section Thirty-four (34), Township Seventeen (17) North, Range Thirty (30) West, Washington County, Arkansas, being more particularly described as follows: Commencing at the steel rebar pin that marks the Northwest corner of said NW/4 of the SE/4, thence South 87 degrees, 28 minutes, 35 seconds East along the North line of NW/4 of the SE/4 694.98 feet to a steel rebar pin, said pin being the POINT OF BEGINNING and run thence South 87 degrees, 28 minutes, 35 seconds East along said North line of NW/4 of the SE/4 276.94 feet to the right of way granted to the Arkansas Highway and Transportation Department in Washington County Deed Record 2005-27640, thence South 01 degrees, 18 minutes, 52 seconds West along said right of way line as monumented 7.09 feet; thence continuing along said right of way line as monumented South 73 degrees, 31 minutes, 19 seconds East 51.82 feet; thence continuing along said right of way line as monumented South 85 degrees, 17 minutes, 03 seconds East 46.48 feet to a steel rebar pin, thence departing said right of way line South 06 degrees, 58 minutes, 35 seconds East 510.33 feet; thence South 87 degrees, 28 minutes, 38 seconds East 18.98 feet to a steel rebar pin; thence 342.44 feet along a non -tangent curve to the left said curve having a radius of 3235.68 feet and a long chord of South 17 degrees, 54 minutes, 13 seconds East 342.28 feet; thence North 87 degrees, 28 minutes, 38 seconds West 596.01 feet to a steel rebar pin; thence North 02 degrees, 29 minutes, 24 seconds East 845.46 feet to the Point of Beginning, containing approximately 386657.66 square feet or 8.88 acres, more or less. Subject to the right of way of Drake Street along the North side, all other rights of way, easements, and covenants of record or in fact. LESS AND EXCEPT THAT PARCEL PREVIOUSLY CONVEYED TO THE CITY OF FAYETTEVILLE, AS SETOUT IN WARRANTY DEED FILED FOR RECORD AUGUST 7, 2009, AS DOCUMENT NO. 2009-0025826, RECORDS OF WASHINGTON COUNTY, ARKANSAS, AS FOLLOWS: A right of way of forty-four (44) feet equal and uniform width across a part of the Northwest Quarter of the Southeast Quarter (NW 1/4 of the SE 1/4) of Section Thirty-four (34), Township Seventeen North (Twp. 17 N.), Range Thirty West (Rng. 30 W.). City of Fayetteville, Washington County, Arkansas the boundary of the subject property being described in Plat Record 2006-27316 of the records of the Circuit Clerk -and Ex-officio recorder of Washington County, Arkansas, said right of way being more particularly described as follows: Commence at the northwest corner of said NW 1/4 of the SE 1/4 of Section 34, Twp. 17 N. Rng. 30 W.; thence S87 °28'35"E 694.98 feet to the northwest corner of the subject property; thence S02 °29'44"W 845.46 feet along the west line of said subject property to the southwest coiner thereof; thence S87 °28'38"E 408.07 feet along the south line of said subject property to the Point of Beginning and run thence NO3 °49'16"W 51.91 feet; thence 223.85 feet along a curve to the right, said curve having a radius of 180.00 feet and a long chord of N31 °48'24"E 209.71 feet; thence 44.29 feet along a non -tangent curve to the left, said curve having a radius of 3235.68 feet and a long chord of S16 °52'18"E 44.29 feet; thence 164.74 feet along a non -tangent curve to the left, said curve having a radius of 136.00 feet and a long chord of S30°52'51"W 154.85 feet; thence S03°49'16"E 56.81 feet; thence N87°28'38"W 44.27 feet to the Point of Beginning, containing approximately 10938.73 sq. ft. or 0.25 acres, more or less. RZN 16-5624 Close Up View I 'rJEADE ST w Q LU w N Z W O I BOWERS ST R-A DRAKE ST DRAKE ST. HOLDINGS Subject Property PRIVATE 511 R NI F-24 PRIVATE 2630 Legend ' Planning Area ' Fayetteville City Limits Feet Shared Use Paved Trail Trail (Proposed) 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet DRAKE P-1 A& NORTH Reside ntial-AgricuIluraI RT-12 Residential Two and Three-family R M F-24 Urban Thoroughfare P-1 RZN 16-5624 DRAKE ST. HOLDINGS One Mile View ISLEY ST W Q z P CE ST D O R-aL w S WISE ST W a z O U) a Y U M m 0 0,125 0.25 0.5 Miles W Q F_ w LU w MEADE ST a0 O U RSF-4? w a cD W w Subject Property DRAKE W Q w w BOWERS ST z w CASSATT ST NORTH RMF-24 •. w Q cs RPZD ..... •�• j MADRID ST t REYNOLDS ST kr=yNpLt3 U1 A c-z LN 1-t `..... ... 11FUTTDR O 1 z��g €xrrencTron Legend _ RESIDENTIAL SINGLE-FAMILY 111119+ gosomiiai ngncwwfai OOMMERCIAL IL _ _ Planning Area k l Rs" C: 11 L - -1 Fayetteville City Limits Toer»epaEonls*� � mass"" Shared Use Paved Trail [ RESIDENTIAL MULTI -FAMILY M^feel C.— �r 4ens+.+Cn.nr g"y,�RT ,: R T =miN �Oowfrn G/+NY ID iam+nwl.3elrafn C.— all— Trail (Proposed) Design Overlay District - - ----- '^ vLRwxEozrnnuanreraDas — Planning Area .TRI c TIPNAt seo a. Era INDUSTRIAL IpBnrunoya<s Building Footprint ommef,a°M,� o..,fa Fayetteville City Li mils � >c 1.2 RZN 16-5624 DRAKE ST. HOLDINGS Current Land Use NORTH y�.V4 r �Y•;i. T PIP- S-b.i--t Property � •� - •. ' ' C` �- ''�� ST r4Atli �1 16i d i ��.� � _ 1 ,•fir � r, AV U of A ��r'"• Land ,fir f Lakeside Village Apts jj C. Y llI r gyp+ O Village at Scull Creek 1. ti rtED g1.ru. sl`eams FEMA Flood Hazard Data slreec Streets Planned MSP Class 1 [II]-Yeaf MINOR ARTERIAL MINOR ARTERIAL Feet Floodway Q RZN16-5624 -. snared use Paved T—I 0 75 150 300 450 600 1119 T-) (Proposed) I IPlanningAre. 1 inch = 200 feet �� 1 Fayetteville Cily Limils RZN 16-5624 Future Land Use MEADE ST w a s w z w 0 BOWERS ST Legend DRAKF. ST ' I Planning Area 1� ' Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint DRAKE ST. HOLDINGS 0 n r J r< PRWATE 261() Feet 0 75 150 300 450 600 1 inch = 200 feet I a. a NORTH DRAKE R1,y� G 1_AKE FUTURE LAND USE 2030 Residential Neighborhood Area City Neighborhood Area Urban Center Area Civic and Private Open Space/Parks Non -Municipal Government NORTHWEST ARICANSAS DEC 2 2 2016 CC'ITY CLERKS OFFIICE ft Vemocrai � i� 44< =„Y 69 1 "'AMINN 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 5934 Was inserted in the Regular Edition on: December 15, 2016 Publication Charges: $ 72.80 Subscribed and sworn to before me This `(p day of �G , 2016. Notary Public My Commission Expires: �/Za 0AT! 1` IvYiLE S Arkans2s - 13rntor, County Notary Public - COMIr ; 12397118 My Commission Expires Feb 20, 202 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 5934 File Number: 2016-0555 RZN 16-5624 (SW CORNER OF GREGG AVE. & DRAKE ST./DRAKE ST. HOLDINGS, LLC): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5624 FOR APPROXIMATELY 8.95 ACRES LOCATED AT THE SOUTHWEST CORNER OF GREGG AVENUE AND DRAKE STREET FROM RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE TO 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 RMF-24, Residential Multi Family, 24 Units Per Acre to 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 I. PASSED and APPROVED on 12/6/2016 Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73962796 Dec. 15, 2016