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HomeMy WebLinkAboutORDINANCE 5987I o .nrFrr 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5987 File Number: 2017-0335 II II I I III I II I II II II VIII II II I II II II II II Doc ID: 017604300003 Type: REL Kind: ORDINANCE Recorded: 08/23/2017 at 09:25:16 AM Fee Amt: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File2017-00025929 RZN 17-5803: (E. OF OLD MISSOURI RD. & ROLLING HILLS DR. KEENAN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17- 5803 FOR APPROXIMATELY 10.86 ACRES LOCATED EAST OF THE INTERSECTION OF OLD MISSOURI ROAD AND ROLLING HILLS DRIVE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS -G, NEIGHBORHOOD SERVICES, GENERAL 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 RSF-4, Residential Single Family, 4 units per acre to NS -G, Neighborhood Services, General. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 7/18/2017 Attest: Sondra E. Smith, City Clerk Treasurer �• .q r W a '= ; YETTEVILLE; = �f GTO x �f.►l►i �0 0 ►0 Page 1 Printed on 7/19/17 RZN 17-5803 E E N ►A N 17-5803 EXHIBIT 'A' Close up view P-1 Subject Property �—�� rar�rrarrrir rrr rr�rrrr�rr�rirrr���rrr�arr� N �r i7 RSF-4 y U , � D 1 � R -O RI -12 NORTH Legend 1 Planning Area -zz RSF-4 - - r Fayetteville City Limits Feet Residential -Office Shared Use Paved Trail P-1 Trail (Proposed) 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet 17-5803 EXHIBIT 'E' LEGAL DESCRIPTION', REZONE TO NSG) A part of the SWIA of the NE1i4 of Section 36, T1 7N, R30VV in Washington County, Arkansas, and being descrlbed as follows: Commencing at the SW Comer of Bald W1/4, NE1/4, thence 547°19'01"W 103.51 feet, thence X112'31'05"VV 460,21 feet to the POINT OF BEGINNING,, thence N 12$31'05"W 178.01 feet, thence N1 9'*07'T20"VV 288.26 feet, thence N'70"52'39" E 20.00 feet, them NI 94'07021"W 370.00 feet, thence S87614'50"E 745,99 Feet, thence 502045'10" W 32.12 feet thence along a non tangent curve to the right 125.32 feet, veld curve having a radlus of 538.59 feet and -chard hearing and distance of 522°49'33" 1 5.04 feet, thence S29*29'25"' 355.56 feet to a point of curve to the left264.88 feet, sald curve having a radlus of 608.89 feet and a chord bearing and distance of S17°01'25"W 262,80 feet, thence 504°33'25"W 28,59 feet, thence S57° 13'38" W 59.92 feet to a point of curve to the right66.83 feet, said curve having a radius of 150.00 feet and a chord bearing and distance of 579°50'24"V1! 65.2.7 feet, thence N 87" 1 4'50V 84.85 feet to the POINT CSF BEGINNING, Containing 8.08 acres, more or less, subject to easements and right ofways of record. Washington County, AR I certify this instrument was filed on 08/23/2017 09:25:16 AM and recorded in Real Estate File Number 2017-005 2 Kyle Sylvester - Circ r �l 113 West Mountain Street City of Fayetteville, Arkansas r' Fayetteville, AR 72701 - Y b, I Itl (479) 575-8323 Text File File Number: 2017-0335 Agenda Date: 7/18/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 1 RZN 17-5803: (E. OF OLD MISSOURI RD. & ROLLING HILLS DR. KEENAN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-5803 FOR APPROXIMATELY 10.86 ACRES LOCATED EAST OF THE INTERSECTION OF OLD MISSOURI ROAD AND ROLLING HILLS DRIVE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS -G, NEIGHBORHOOD SERVICES, GENERAL 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 RSF-4, Residential Single Family, 4 units per acre to NS -G, Neighborhood Services, General. 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 7/19/2017 Andrew Garner Submitted By City of Fayetteville Staff Review Form 207-0335 Le,gistar File ID mm City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/16/2017 City Planning / _ Development Services Department Submitted Date Division / Department Action Recommendation: RZN 17-5803: Rezone (E. OF OLD MISSOURI RD. & ROLLING HILLS DR./KEENAN, 253- 254): Submitted by JORGENSEN & ASSOCIATES for property EAST OF OLD MISSIOURI RD. & ROLLING HILLS DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 10.86 acres. The request is to rezone the property to NS -G, NEIGHBORHOOD SERVICES, GENERAL. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ - Current Balance I� Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: uA CITY COUNCIL AGENDA MEMO CITY OF AYETTEVILLE ARKANSAS MEETING OF JULY 6, 2017 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, Planning Director FROM: Jonathan Curth, Senior Planner DATE: June 16, 2017 SUBJECT: RZN 17-5803: Rezone (E. OF OLD MISSOURI RD. & ROLLING HILLS DR./KEENAN, 253- 254): Submitted by JORGENSEN & ASSOCIATES for property EAST OF OLD MISSIOURI RD. & ROLLING HILLS DR. The property is zoned RSF-4,-RESIDENTIAL SINGLE FAMILY, 4 UNITS PERACRE and contains approximately 10.86 acres. The request is to rezone the property to NS -G, NEIGHBORHOOD SERVICES, GENERAL. RECOMMENDATION: The City Planning staff and Planning Commission recommend approval of an ordinance to rezone the subject property to NS -G, Neighborhood Services, General, as shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The proposed rezoning request is an approximately 11 -acre portion of a larger 50 -acre parcel to the east of Old Missouri Road, between Rolling Hills Drive to the north and Oakcliff Street to the south. The property is currently undeveloped and zoned RSF-4, Residential Single-family, 4 Units per Acre. Along with 11,000 acres of other property on the periphery of the City's boundaries, the subject property was annexed in to Fayetteville in 1967. To the subject property's north, the City's Master Street Plan indicates a Planned Principal Arterial link connecting Rolling Hills Drive in the west with Old Wire and Crossover Roads to the east. Although not identified as being within Hillside -Hilltop Overlay District, the property is heavily -vegetated with a significant downward grade from southeast to northwest. Request: The request is to rezone the property from RSF-4, Residential Single-family, 4 Units per Acre to NS -G, Neighborhood Services, General, in order prepare the parcel for development. Land Use Compatibility: The proposed zoning is compatible with surrounding land use patterns in this area, which includes a mixture of residential and non-residential development. Although this area of Fayetteville is predominantly detached single-family in character, those properties in close vicinity to the requested rezoning range from office and institutional uses the west, undeveloped and school properties to the north, and attached housing to the southwest. The proposal of NS -G zoning with access to the Collector -classified Old Missouri Road, between a Collector, Old Wire Road, to the south, and a Principal Arterial, Rolling Hills Drive, to the north Mailing Address: 113 W. Mountain Street www_fayetteville-ar.gov Fayetteville, Aft 72701 can take advantage of existing infrastructure and minimize future traffic needing to enter or pass through low-volume residential streets. Furthermore, by locating potentially low- to medium - intensity residential and non-residential uses on the subject property, a natural transition can be created from the aforementioned major transportation routes to future growth on undeveloped properties to the east. Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM) and consistent with the Residential Neighborhood Area designation of the subject property and surrounding area. The location of the requested rezoning is complimentary of the guidelines of City Plan 2030 for higher intensity non-residential uses along connecting corridors. As mentioned, the subject property can access the Collector -classified Old Missouri Road, and is within an 1/8th of a mile of two other major transportation routes: Old Wire Road and Rolling Hills Drive. Additionally, this rezoning request addresses the future extension of Rolling Hills Drive eastward as indicated by the Master Street Plan, which will place the subject property on a potentially significant intersection serving a large area of residential housing. Among the goals in City Plan 2030, the proposed rezoning represents the potential for appropriate infill development, development in a traditional town form pattern, and a means of discouraging suburban sprawl. Although a sanitary sewer extension is likely needed to facilitate development, other City infrastructure and amenities are already in place and available for access, thereby reducing the strain on City infrastructure and amenities that would result from similar development in a sprawl location. Similarly, the requested NS -G zoning district encourages patterns of development that result in realizing the City's goal of making traditional town form the standard. This includes the expectation that buildings be located at the street and on corners, thereby creating an environment appealing to pedestrians and reducing the visual impact of parking areas, while also limiting permitted uses to those that are complementary to adjacent neighborhoods. A mixture of residential and commercial uses, which is permitted by the NS -G zoning district, is typical in a traditional urban form, with buildings addressing the street. DISCUSSION: On June 12, 2017, the Planning Commission forwarded the proposal to City Council with a recommendation for approval passed by a vote of 6-1-0. Commissioner Belden voted `no'. BUDGET/STAFF IMPACT: N/A Attachments: w Exhibit A Exhibit B • Application ■ Planning Commission Staff Report } RZN 17-5803 Close Up View M Ia a ti 11-C4Y �Vltk/Ns pL Legend R -C �i=,1k 1.11 RI -12 s Planning Area Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint Feet 0 75 150 300 450 600 1 inch = 200 feet 17-5803 EXHIBIT 'A' ■�arrrrsmwawr�raw'�arws�� RS F-4 Residential -Office P-1 17-5803 EXHIBIT 'B' LEGAL OESCRIPTION: (PLEZONE TO NSG) A part: of the SW1A of the NE 1/4 of Section 36, T1 7N, R30W in Washington County, Arkansas, and: being described as follows: Commencing at the BVD! Corner of sald SW 1 !4" NEI/4, thence S47`1 9'01"W 103,81 feet, thence 1 12°31'05"VV 60.21 feet to the POINT OF BEGINNING ; thence N1203 1'05"W 1° 8.91 feet, thence N 1 9"07'20"W 288.26 feet,: thence N70"82"39"E 20.00 feet, thence N19007"21"W 370.00 feet, thence S871 4'50"E 748.99 feet, thence O"VV 32.1:2 feet, thence along a non tangent curve to the right 125.32 feet, said curve having a radius of 538.69 feat and: chord bearing and distance of S22'49'33"W125.04 feet, thence S29°'29'25"W 355.66 feet to a :point of cure to the I0264.88 feet, said curve having a radius of 608.69 feet and a chord bearing and distance of S17°01'25"W 262.80 feet, thence SO4"33'25"VV 28.59 feet„ thence S67°13`38"W 59;92 feet to a point of curve to the rig ht66.83 feet, said curve having a radius of 1, 50. 00 feet and a chord bearing and distance sof S79'59'24"W 66,27 feet, thenoe-IN157"14'50"W 84.85 feet to the POINT OF BEGINNING, Containing 8.08 aures, more or less:, subject to easements and right of ways of record. ARKANSAS REZONING 1 OR STAT F [I,SI: ONLY FEE,- 5325,00 .Sign I• e. S5,01 Dcite :,Jpplicolion Submitted: SME ]]cite jecepted cis Complete: pp#: Case i Appeal ..k`mber,' Public Heating Dale: or+e. Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application wilt not tie placed on the Planning Commission agenda nniil this infornlalion rs furnisher!. Indicate one ct)ntnet person for this request: .Applicant (persal) nicking requesiJ: .k;rit'3a KEcc.r'••t.� 'game: Site Address; Location. Applicant.t 13epresentative Representative (engineer, surveyor, realtor, etc.): Address: s••�-- Phonf;: � 1 Pas: f 1 _ C'ui7ent lonino District' _ Requested Zoning District: Assessors Parcel cumber(s) for subject property: 1-TVA,V'CIAL 1;VTEREN7S The Following entities and r or people. have financial interest in dii; project: ,Varck 2014 page r APPLI('ANTiRL•PRIs:SF_;'v'T,47'1YE: I certity under penalty ofperlury thattlie foregoing tatemems and answer's herein made all data, information, and evidence herewith sub-iited at•e in all respects, to the best of my knowledge and belief, true and corrCct. I understand that sit httlitta! of incorrect or false information is grounds f:!r imnlidation of application cotnpleteness, determination, or approval. I understand that the City might not approve what l an: applying for, or might set condition, on approval. 1a!n_ ttirintei!}. sv /_ E`� _ %j, �� i° 9 .`` 7'11a lJete: ` i4 tIattire: {` r L pR0PERT Y0;F.• E1?(S)1?1 UTHORIZED AGENT 10'wc certify, under penaitp Oi perjury that l arnr'­ arc the o-wncr(s} of the pmprrty that is the subject of this ahplicatton and that I?tre have read this application and consent to Its ftl in=. ([J -signed signed !ry fhc authoriWel agent, a lefter from each properft riaa rrer nrta,sr tie provided indicrifing than the agent is authorized to act on his/her behalf.) Property Owners of Record (attach addtu(}fart info LfYtLt'eSsuPt;i: h'3trce (printed) ri dress: Si manrrt:. t�? .~ Gate: I } Name (printed); - Address: i c;nature: Date: --- Rezoning Checklist: rltictch 117e folft)win!� hems to itis cipf�lr'catir_>tt (1) Payment in full of applicable I'm,, for processing the: application: $325M application fee S5M public notification sign (p i A legal description of property to he rezoned. A survey n ay b� required if the property description can not accurately be piattted or if ii is degcrif eel by referrins to other deeds. i ;) CD containing a copy of the legal description in MS Word and all rcquired submittal items should be also included on the CD in PDF format. 4) A copy o#'tile county) -cel map frost tete �\Iashingtt;n C't,ulity Assessor'S office or from the Washinatott County website The suble:ct property and all adjacent parcels s_houltf he identified on this parcel snap. The owner's name; official mailing address, and the parcel number for every adjacent property shall be; shown on this map. V m CITY O FAYETTEVILLE ARKANSAS TO: THRU: FROM: MEETING DATE PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Jonathan Curth, Senior Planner June 12, 2017 (Updated with Planning Commission Results) SUBJECT: RZN 17-5803: Rezone (E. OF OLD MISSOURI RD. & ROLLING HILLS DR./KEENAN, 253- 254): Submitted by JORGENSEN & ASSOCIATES for property EAST OF OLD MISSIOURI RD. & ROLLING HILLS DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 10.86 acres. The request is to rezone the property to NS -G, NEIGHBORHOOD SERVICES, GENERAL RECOMMENDATION: Staff recommends forwarding RZN 17-5803 to the City Council with a recommendation of approval, based on the findings herein. BACKGROUND: The proposed rezoning request is an approximately 11 -acre portion of a larger 50 -acre parcel to the east of Old Missouri Road, between Rolling Hills Drive to the north and Oakcliff Street to the south. The property is currently undeveloped and zoned RSF-4, Residential Single-family, 4 Units per Acre. Along with 11,000 acres of other property on the periphery of the City's boundaries, the subject property was annexed in to Fayetteville in 1967. To the subject property's north, the City's Master Street Plan indicates a Planned Principal Arterial link connecting Rolling Hills Drive in the west with Old Wire and Crossover Roads to the east. Although not identified as being within Hillside -Hilltop Overlay District, the property is heavily -vegetated with a significant downward grade from southeast to northwest. Surrounding land use and zoning is provided on Table 1. Table 1 Surroundinq Land Use and Zoning Direction Land Use Zoning North Undeveloped RSF-4, Residential Single-family, 4 Units perAcre South Undeveloped RSF-4, Residential Single-family, 4 Units per Acre East Undeveloped RSF-4, Residential Single-family, 4 Units per Acre West Good Shepard Lutheran Church Butterfield Plaza Offices P-1, Institutional R-0, Residential Office Request: The request is to rezone the property from RSF-4, Residential Single-family, 4 Units per Acre to NS -G, Neighborhood Services, General, in order prepare the parcel for development. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Public Comment: Staff has received comment from one individual who is expressly opposed to the request. Their opposition stems from a desire to not live next to commercial development or attached residential housing, both of which are permitted within the NS -G zoning district. INFRASTRUCTURE: Streets: The subject portion of this parcel has access to Old Missouri Road, an improved Collector -classified street with full right-of-way, curb, and gutter. Sidewalk however, is not present along the subject property's frontage. Any street improvements required in this area will be determined at the time of development proposal. Water: Public water is available to the site. A 6 -inch water main runs along the Old Missouri Road right-of-way and is available for service. To the east is a large 36 - inch transmission line within a 40 -foot easement which is not available for connection. Sewer: Public sewer is not currently available to the site. The nearest sanitary sewer access is a 6 -inch sewer main that terminates at the east end of Rolling Hills Drive. Development of this property will likely necessitate an extension of existing sanitary sewer mains. Drainage: Any additional improvements or requirements for drainage would be determined at the time of development. No portion of the subject property lies within the FEMA designated 100 -yr floodplain and no protected streams are present on the subject property. Although no portion of the property is designated as Hillside - Hilltop Overlay District (HHOD), there are some areas of 15% or greater slope. Fire: The Fire Department did not express any concerns with this request. Police: The Police Department did not express any concerns with this request. CITY PLAN 2025 FUTURE LAND -USE PLAN:- City Plan 2030 Future Land Use Plan designates the properties within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single family, multifamily and row - houses. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incur orates low-intensit non-residential uses intended to serve the surrounding neighbor- hood. such as retail and offices on corners and along connecUqg 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 envi- ronment. 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. GAETC\Development Services Review\2017\Development Review\17-5803 RZN E. of Old Missouri & Rolling Hills (Keenan) 253-254\03 Planning Commission\6-12-2017 Finding: Land Use Compatibility: The proposed zoning is compatible with surrounding land use patterns in this area, which includes a mixture of residential and non-residential development. Although this area of Fayetteville is predominantly detached single-family in character, those properties in close vicinity to the requested rezoning range from office and institutional uses the west, undeveloped and school properties to the north, and attached housing to the southwest. The proposal of NS -G zoning with access to the Collector -classified Old Missouri Road, between a Collector, Old Wire Road, to the south, and a Principal Arterial, Rolling Hills Drive, to the north can take advantage of existing infrastructure and minimize future traffic needing to enter or pass through low-volume residential streets. Furthermore, by locating potentially low -to medium -intensity residential and non-residential uses on the subject property, a natural transition can be created from the aforementioned major transportation routes to future growth on undeveloped properties to the east. Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM) and consistent with the Residential Neighborhood Area designation of the subject property and surrounding area. The location of the requested rezoning is complimentary of the guidelines of City Plan 2030 for higher intensity .non-residential uses along connecting corridors. As mentioned, the subject property can access the Collector -classified Old Missouri Road, and is within an. 1/8t" of a mile of two other major transportation routes: Old Wire Road and Rolling Hills Drive. Among the goals in City Plan 2030, the proposed rezoning represents the potential for appropriate infill development, development in a traditional town form pattern, and a means of discouraging suburban sprawl. Although a sanitary sewer extension is likely needed to facilitate development, other City infrastructure and amenities are already in place and available for access, thereby reducing the strain on City infrastructure and amenities that would result from similar development in a sprawl location. Similarly, the requested NS -G zoning district encourages patterns of development that result in realizing the City's goal of making traditional town form the standard. This includes the expectation that. buildings be located at the street and on corners, thereby creating an environment appealing to pedestrians and reducing the visual impact of parking areas, while also limiting permitted uses to those that are complementary to adjacent neighborhoods. A mixture of residential and commercial uses, which is permitted by the NS -G zoning district, is typical in a traditional urban form, with buildings addressing the street. Lastly, this area of the City has many residents living in large numbers of low- to medium -density single-family homes without ready access to non- residential goods. The nearest retail and services are along the College Avenue corridor approximately a mile to the west. This development pattern has resulted in many residents being required to drive to meet any daily needs, and contributing to congestion along Rolling Hills Drive and other routes. The FLUM designation of this area as Residential Neighborhood recognizes this issue in encouraging appropriate non-residential uses, and GAETC\Development Services Review\2017\Development Review\17-5803 RZN E. of Old Missouri & Rolling Hills (Keenan) 253-254\03 Planning Commission\6-12-2017 the applicant's proposal for NS -G along this connecting corridor could help alleviate the lack of accessible services in the area. 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 to allow for mixed -uses and to promote walkable developments, which are generally not permitted by - right under the existing RSF-4 zoning district. The proposed NS -G, Neighborhood Services, General, zoning will encourage appropriate commercial or residential development on a parcel with direct access to major connecting corridors and in an area that has seen limited provision of retail and services. The NS -G zoning district is designed primarily to promote neighborhood businesses that are complementary and compatible in scale, aesthetics, and use with surrounding land uses. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding- The NS -G zoning district allows a limited range of commercial activity and a residential density that is greater than that allowed under the current RSF-4- zoning district. Given the property's undeveloped state, any development would invariably create the potential for increased traffic in the area. That said, and as previously noted, the property is located on Old Missouri Road, a Collector -classified street, and in close proximity to Rolling Hills Drive and Old Wire Road, Arterial and Collector streets respectively. There are not currently any signalized intersections in the immediate vicinity of the subject property, but this may change and be required in association with a proposed development submittal. While there will be an appreciable increase in traffic with any development, direct access to Old Missouri Road will likely limit the intrusion of through traffic into adjacent neighborhoods. 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: Due to the property being currently undeveloped, development under the current zoning or the proposed zoning will result in an increase in the load on public services. That said, this increase has the potential to be greater than under the existing RSF-4 zoning, depending on the type of development. For example, a non-residential development would not create any density -nor adversely increase the load on schools compared to single- family housing, but may place greater demands on public water and sewer. In the instance of residential housing being developed, a rezoning to NS -G may increase the population density to an amount greater than the existing RSF-4. NS -G allows for 18 units per acre, while RSF-4 allows 4 units per acre. Despite these potential and varying impacts, the subject property has access to existing infrastructure, and is an area where staff does not feel a development would have significant adverse impacts on public services or facilities. Additionally, neither the Police nor Fire Departments have expressed objections to the proposal. G1ETC\Development Services Review\2017\Development Review\17-5803 RZN E. of Old Missouri & Rolling Hills (Keenan) 253-254\03 Planning Commission\6-12-2017 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 17-5803 to the City Council with a recommendation of approval, based on the findings discussed throughout this report. PLANNING COMMISSION ACTION: Required YES Date: June 12, 2017 O Tabled ® Forwarded O Denied Motion: Quinlan Second: Brown I Vote: 6-1-0 CITY COUNCIL ACTION: Required YES Date: July 6, 2017 (plannedl O Approved O Denied BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.03, RSF-4, Residential Single-family, 4 Units per Acre o §161.20, NS -G, Neighborhood Services — General o §162.01, Unit_ 12b, General Business • Request letter • Rezone Exhibit • One Mile Map Close -Up Map • Current Land Use Map • Future Land Use Map GAETC\Development Services Review\2017\Development Review\17-5803 RZN E of Old Missouri & Rolling Hills (Keenan) 253-254\03 Planning Commission\6-12-2017 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) Permitted 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 9 Two-family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development I (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 G:\ETC\Development Services Review\2017\Development Review\17-5803 RZN E. of Old Missouri & Rolling Hills (Keenan) 253-254\03 Planning Commission\6-12-2017 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 G:\ETC\Development Services Review\2017\Development Review\17-5803 RZN E. of Old Missouri & Rolling Hills (Keenan) 253-254\03 Planning Commission\6-12-2017 w Hillside Overlay District Lot 8,000 square 12,000 square feet feet area minimum Land area per 8,000 square 6,000 square dwelling unit feet feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height 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. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. 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; Ord. No. 5921 , §1, 11-1-16) G:\ETC\Development Services Review\2017\Development Review\17-5803 RZN E. of Old Missouri & Rolling Hills (Keenan) 253-254\03 Planning Commission\6-12-2017 161.19 - Neighborhood Services — General (A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium intensity. Neighborhood Service, General promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control, the Neighborhood Services district is a residential zone. (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) and four (4) family dwellings Unit 12b General Business Unit 24 Home occupations Unit 41 Accessory dwelling units Unit 44 Cluster Housing Development i 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 Unit 3 r Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 13 4 Eating places Unit 16 Shopping Goods Unit 19 T Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 N Wireless communication facilities* Unit 40 Sidewalk cafes Unit 45 Small scale production (C) Density. Eighteen (18) or less per acre. (D) Bulk and Area. (1) Lot Width Minimum. All Dwellings 35 feet All other uses None G:\ETC\Development Services Review\2017\Development Review\17-5803 RZN E. of Old Missouri & Rolling Hills (Keenan) 253-254\03 Planning Commission\6-12-2017 (2) Lot Area Minimum Single-family 4,000 square feet Two (2) family or 3,000 square feet per dwelling more unit All other uses None (E) Setback Regulations. Front: Side Rear, when contiguous to a single-family Side -Zero Lot Line i Rear E residential district A setback of less than five A build -to -zone that is feet (zero lot line) is located between the 5 permitted on one interior front property line and feet side, provided a None 15 a line 25 ft. from the maintenance agreement is feet front property line. filed. The remaining side setback shall be 10 feet. (F) Building height Regulations Building Height Maximum 45 feet (G) Minimum Buildable Street Frontage. 50% of the lot width G:\ETC\Development Services Review\2017\Development Review\17-5803 RZN E. of Old Missouri & Rolling Hills (Keenan) 253-254\03 Planning Comm ission\6-1 2-2017 162.01 - Establishment/Listing (L) Unit 12b. General Business. (1) Description. Unit 12b consists of small-scale establishments offering commercial goods and services that are accessible for the convenience of individuals living in residential districts, while compatible in size, scale and appearance with the surrounding neighborhood. These uses shall be subject to the regulations in Chapter 164. All uses classified under Unit 12b must be within a building containing 8,000 square feet or less, excluding area dedicated to residential uses. (2) Included Uses. G:\ETC\Development Services Review\2017\Development Review\17-5803 RZN E. of Old Missouri & Rolling Hills (Keenan) 253-254\03 Planning Commission\6-12-2017 • Day care Personal Services: • Dry Cleaning (Maximum gross floor area of 1500 square feet) • Salon/Barber shop I • Tailoring • Antique/home decor Specialized Retail: 9 sales (Maximum gross floor area of 2,000 • Apparel square feet) . Art/architectural supplies • Bakery, Pastry shops • Bicycle Shops Bookstore Coffee •Coffee shop ? • Delicatessen • Drugstore • Florist - • Food specialty stores 1 • Grocery • Hardware i• Health food store • Hobby/Craft Stores • Ice cream • Meat Market • Restaurant/cafe • Small appliance repair • Stationary Store • Toy store • Video rental Professional Offices: • Accountant (Maximum gross floor area of 3000 • Architect square feet) • Attorney G:\ETC\Development Services Review\2017\Development Review\17-5803 RZN E. of Old Missouri & Rolling Hills (Keenan) 253-254\03 Planning Commission\6-12-2017 • Broker I • Business/Mgmt Consultant • Doctor GAETC\Development Services Review\2017\Develop ment Review\17-5803 RZN E of Old Missouri & Rolling Hills (Keenan) 253-254\03 Planning Comm ission\6-12-2017 124 W Sunbridge Drive, Suite 5 ' J O R G E N S E N Fayetteville, AR 72703 Office: 479.442.9127 +ASSOCIATES RZN 17-5803 Fax: 479.582.4807 Request Letter 4/13/17 City of Fayetteville 113 W Mountain Fayetteville, AR. 72701 Att: Planning Dept. Re: Rezoning Request (Keenan) Attached please find information pertaining to a rezoning request for James Keenan. This property consists of 10.86 acres and Old Missouri Rd runs along the south boundary. An 8" water line runs along this street. Sewer is available at the intersection of Rolling Hills and Old Missouri Rd. The existing property is RSF-4 and the request is to rezone to Neighborhood Services -General. This new zoning will allow a mixed use area of medium intensity which promotes a walkable development. Please place this on the agenda for review. Thank you. Sincerely; David L. Jorgensen, P.E. j � 4 r•r� t.• tr I 1"T r1tt d1.1•1.Pry i 's � i 9 z — R p I r iyp� q.9e JAY � I v+wisaotik�srnll. c +�" �j= r I s �" �l JI. . ao��wNoz3a allll... I.., � O N 2 ,�,.il '^ j � 4 r•r� t.• tr I 1"T r1tt d1.1•1.Pry i 's � i 9 z — R RZN 17-5803 KEENAN A& One Mile View NORTH 0 0.125 0.25 0.5 Miles f R -O Y-1 .' CPZD 2-A RPZ D TRACTION ff$tK1,A1.SHuaiM I!4A lit IIg Legend sF:S C MERCIALC CW,.a aez ee 1 I.1 asc.2 2 C2 ' Planning Area or] 4 _ FORM DA ED DISTRICTS 1 1RSF.Oa City Limits :: oo„ma�.� wee rr , _Fayetteville RESIDENTIAL MULTI-FAMILYRT n iee n i °.°•°. Shared Use Paved Trail 6oae,,eea , om u^'y$ery<«5 `eg�eo,e�e 1 1 11' Trail (Proposed) a ce,.,ee= PLANNED ZONING DISTRICTS Planning Area - A F� mme,ea e,,a Re=ee U Building Footprint Fayetteville City Limits INDUSTRIAL m......a �e INSTPITUTIONAL RZN 17-5803 Close Up View WjLK/Ns `'C R -O EENAN 101 RI -12 Legend ' Planning Area Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint Feet 0 75 150 300 450 600 1 inch = 200 feet •MMamMsoMMMI*WMWMMMMI A& NORTH RSF-4 Residential -Office P-1 >AL� 6 s;. U y{N iCrJSe�relh4iu' ,!*'�1'i.i�.•-le .�'"���i Dear Andrew My name is Tanya Owen and I am writing about a proposed rezoning issue on your agenda tonight. I have spoken with Jorgensen & Associates and I believe I understand what is being requested. My home will be approximately iioo ft from this development. I am personally very concerned about increasing traffic flow on the already congested Old Missouri/ Old Wire interchange. Further, I do not see the need for additional commercial space in Fayetteville, when the center directly across the street from this proposed rezoning already has multiple places that are usually (as they are now) unoccupied. Finally and selfishly, I am concerned about bringing additional commercial traffic to this area, which is so near to Butterfield Elementary. While my children have aged out of this school, this is our neighborhood school and having commercial entities so close to the children is entirely unnecessary, given the numerous commercial spaces for lease in Fayetteville. My husband and I are both small business owners in Fayetteville and we have numerous choices when looking for office space, such as what is being proposed. I see no need for more. Thank you for your consideration. Tanya Tanya Rutherford Owen, Ph.D., CRC, CLCP, LPC Owen Vocational Services, Inc. 113o E Millsap Fayetteville, AR 72703 (479) 695-1772 Fax (501) 421-6043 NoRTHWESTARKANsm Democrat Voavfte P I~SCt. COT PAVE -I- ti . 2.02 4^79 442--1700 `A ,x VV . si.Af .] CJ"M 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. 5987 Was inserted in the Regular Edition on: July 27, 2017 Publication Charges: $ 75.40 qDCL-./ Karen Caler Subscribed and sworn to before me This 2 day of 19A &I 2017. d�U IA�,& Notary Public (� My Commission Expires: ,._,�J f24� CATHY WILES Arkansas - Benton County �) v Public - Cornm# 12397118 Oanmission Expires Feb 20, 2024: l **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED AUG 082017 CITY CLERK'S OFFICE Ordinance: 5987 File Number: 2017-0335 RZN 17-5803: (E. OF OLD MISSOURI RD. & ROLLING HILLS DR. KEENAN)- AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-5803 FOR APPROXIMATELY 10.86 ACRES LOCATED EAST OF THE INTERSECTION OF OLD MISSOURI ROAD AND ROLLING HILLS DRIVE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS -G, NEIGHBORHOOD 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 RSF-4, Residential Single Family, 4 units per acre to NS -G, Neighborhood Services, General. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 7/18/2017 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74213783 July 27, 2017