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Home My WebLink AboutORDINANCE 5988113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5988 File Number: 2017-0361 RZN 17-5837 (521 N. SHADY AVE./WCR DEVELOPMENT): IIIIII II I III IIII III VIII I IIII I I I I I II II II IIII II Doc ID: 017604290003 Type: REL Kind: ORDINANCE Recorded: 08/23/2017 at 09:25:07 AM Fee Amt: $25.00 Paqe 1 of 3 Washinqton County, AR Kyle Sylvester Circuit Clerk File201 / '00025 28 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17- 5837 FOR APPROXIMATELY 0.23 ACRES LOCATED AT 521 NORTH SHADY AVENUE FROM RSF- 4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION 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 NC, Neighborhood Conservation. 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 Page 1 Attest: Printed on 7119117 Sondra E. Smith, City Clerk Treasurer �%t%tirrirl1r, mss• •`YS �. • FAYETfEII.LE� r •!rkAwySPr�,� w;4 Printed on 7119117 RZN 17-5837 1 W►CR DEVELOPMENT I 17-5837 Close Up View LOUISE ST RSF-4 Legend Planning Area Fayetteville City Limits Building Footprint P-1 LU W w z - — -- — — - -- MAPLE ST— Feet 0 75 150 300 450 600 1 inch = 200 feet EXHIBIT W LU z J 0 U Z J 'J& NORTH RSF-4 RMF -40 Downtown General Neighborhood Conservation P-1 17-5837 EXHIBIT 'B' LEGAL DESCRIPTION OF PROPERTY TO BE REZONED (FROM LOT LINE ADJUSTMENT AT BOOK 2007„PAGE 44887) PART OF LOT 1 AND PART OF LOT 2 IN BLOCK 4 OF THE ENGLEWOOD ADDITION IN FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION RECORDED IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NE CORNER OF SAID ORIGINAL LOT 1, THENCE SOUTH 132.00 FEET, THENCE N89017'21 "W 82.70 FEET, THENCE NORTH 132.00 FEET, THENCE S89°17'21 "E 82.70 FEET TO THE POB, CONTAINING 10,916 SQUARE FEET, MORE OR LESS, SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. Washington County, AR I Certify this instrument was filed on 08123/2017 09:25:07 AM and recorded in Real E to File Number 2017-00 259 8 Kyle Sylvester - Clrc it by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0361 Agenda Date: 7/18/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 2 RZN 17-5837 (521 N. SHADY AVE./WCR DEVELOPMENT): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-5837 FOR APPROXIMATELY 0.23 ACRES LOCATED AT 521 NORTH SHADY AVENUE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION 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 NC, Neighborhood Conservation. 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 2017-0361 Legistar File ID 7/x.8/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/30/2017 City Planning/ Development Services Department Submitted Date Division / Department Action Recommendation: RZN 17-5837: Rezone (521 N. SHADY AVE./WCR DEVELOPMENT, 445): Submitted by ENGINEERING SERVICES, INC. for property at 521 N. SHADY AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.23 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ Current Balance —1 Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: V20140710 WA CITY COUNCIL AGENDA MEMO CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 18, 2017 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, Planning Director FROM: Quin Thompson, Planner DATE: June 30, 2017 SUBJECT: RZN 17-5837: Rezone (521 N. SHADY AVE.tWCR DEVELOPMENT, 445): Submitted by ENGINEERING SERVICES, INC. for property at 521 N. SHADY AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.23 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION. RECOMMENDATION: The City Planning staff and Planning Commission recommend approval of an ordinance to rezone the subject property to NC, Neighborhood Conservation, as shown in the attached Exhibits `A' and 'B'. BACKGROUND: The subject property is located southwest corner of Ila Street and Shady Avenue in the Wilson Park neighborhood. The approximately 0.23 Acre parcel is within the RSF-4 zoning district. The property contains a 5 -unit apartment built in 1931. The building appears to have been built for this use, although it is possible that it was sub -divided years ago, either way the structure has contained multiple tenants for several decades. The apartment is considered an existing and non- conforming use within the RSF-4 zoning district. Request: The request is to rezone the property from RSF-4, Residential Single-family, 4 Units per Acre to NC, Neighborhood Conservation. The applicant stated that the intent is to facilitate future re -development of the site. Land Use Compatibility- The proposed zoning is compatible with surrounding land use pattern in this area, which consists generally of single-family residential properties and two small multi- family apartment units, including that on the subject property- In the immediate area, typical lot sizes are around 0.25 acres, with many larger and some significantly smaller. The subject property is typical at 0.23 acres; the NC zoning district would allow the property to be subdivided in to two lots of approximately 4,791 square feet. 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, which encourages a wide variety of residential types within a Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 traditional neighborhood pattern. City Plan 2030 encourages appropriate infill development and re -development in a traditional form, further, appropriate infill is the highest priority of the City Plan 2030. The proposed rezone would, however, allow the property to be redeveloped with two single- family homes, which would somewhat reduce the variety of housing types available in the neighborhood. DISCUSSION: On June 26, 2017, the Planning Commission forwarded the proposal to City Council with a recommendation for approval passed by a vote of 8-0-0. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Application • Planning Commission Staff Report LU S 4 RZN 17-5837 Close Up View LOUISE ST CR DEVELOPMENT W its F RSF-4 z w Q > } W z z r -- '� itillN"-4,0 �c Subject Property �--,:ST 17-5837 EXHIBIT W a z Uca z MAPLE ST W a Y V 0 Legend Planning Area Feet Fayetteville City Limits 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet MOUNT NORD ST NORTH RSF-4 RMF -4O Downtown General Neighborhood Conservation P-1 its U, U) M L 17-5837 EXHIBIT W a z Uca z MAPLE ST W a Y V 0 Legend Planning Area Feet Fayetteville City Limits 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet MOUNT NORD ST NORTH RSF-4 RMF -4O Downtown General Neighborhood Conservation P-1 17-5837 EXHIBIT 'B' LEGAL DESCRIPTION OF PROPERTY TO BE REZONED FROM LOT LINE ADJUSTMENT AT BOOK 2007 PAGE 44887 PART OF LOT 1 AND PART OF LOT 2 IN BLOCK 4 OF THE ENGLEWOOD ADDITION IN FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION RECORDED IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NE CORNER OF SAID ORIGINAL LOT 1, THENCE SOUTH 132.00 FEET, THENCE N89017'21"W 82.70 FEET, THENCE NORTH 132.00 FEET, THENCE S89017'21"E 82.70 FEET TO THE POB, CONTAINING 10,916 SQUARE FEET, MORE OR LESS, SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. L'YFV OF FAYi,T`i EVILL E, ARKANSAS REZONING FOR ST4 FF USE ONL Y FEE: $325.00 Date Application Submitted: Sign Fee: 55.00 Date Accepted as Complete: S -7-R: "ase I Appeal Number: PP#: Public Hearing Dale' Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request, Your application will not be placed on t/te Planning Commission agenda until Ills information is furnished. Judicate one contact person for this request: Applicant (person making request): Name: WCR Development, LLC Address: 2120 S.Waldron, Suite 6B Fort Smith, AR 72903 Phone: r 479 ) 461-3171 Applicant. • Representative Representative (engineer, surveyor, realtor, etc.): Name: Engineering Services, Inc. Attn: Jason Appel Address: 1207 S. Old Missouri Road (Physical) P.O. Box 282 Springdale, AR 72765-0282 (Mailing) l.: mail appel@engineeringservices.com Phone: ( 479 ) 751-8733 Fax: Fax: ( ) ( 479 ) 751-8746 Site Address /Location: 521 N. Shady Avenue, Fayetteville, Washington County, Arkansas Current Zoning District: RSF-4 Requested Zoning District: NC Assessor's Parcel Number(s) for subject property: 765-05102-000 FINANCIAL IN7'1:'RESTS The following entities and / or people have financial interest in this project: Owners and Applicant ,Warch 201 Page ! Al,'PLIC'ANI'/REPRI-.Vf'! I'11711"E: t certify- under penal", of perjury that the foreping statements and answers herein made all data, information, and evidence herewith submitted are in all respects- to the best otiny knowledge and belief; true and correct. I understand that subutittal of incorrect Or false information is grounds for invalidation of application completeness. determination. or approval. t understand that the City might not appro re what t ata applying for, Or might set conditions on approval. Name (printed): -SAVA5SC44 Date: 15-12--, 1 1 '� PROPERTY OII�,Vt'R(,) f_ f l 'l'HORIII-J) : t (Is,N`T: l_'we certify under penalty of perjury that I am"'We are the owner(s) of the propuly that is the su[�Ject of this application and that Vwe have read this application and consent to its tiling. (Ifsignerl by the aaatlaorizeal agent, a letlerfrom each property owner nw.st he provided iardicathkq Iteral the agent is aatlsorized to act on hWher beh ay.j Prosper$' Owners rrf Record (rautich additional hifo if arecessarO: Name ( rinted): K AA Signature: AA1w 1 Date:—lrt Name Si�,Ila we: Dine - Rezoning Checklist: l wch th fvllowin ilerras to this ea))falaic ation Address: 1680 E SHADOWRIDGE DR FAYETTEVILLE. AR 72701-2635 Ph0lte: _ Address: Phone: t 1 (1) Payment in full of applicable lees for processing the application: 53?5.00 application fee $5.00 public notification slan fee i2) 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 othu deeds, f a) CD containing, a copy off the legyal description in MS Word and all required submittal items should be also ineluded on the Cl) in PDF fonrilat. (4) A copy of the county, parcel Wrap from the Washington County Assessor's office of from the Washington County Nvebsite (��_N%��txo.wash im,,1 �fz.,lr.t1s). ThC subject property and all adjacent parcels should be identified on this parcel map. The om-ner'e name. official mailing_ address, and the parcel numberfor eve1y adjacent propert,,f shall be Shown on this reap. 11<r, c is 014 poo TO: THRU: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director FROM: Quin Thompson, Planner MEETING DATE: -June-26.,_2017 UPDATED 6-28-2017 SUBJECT: RZN 17-5837: Rezone (521 N. SHADY AVE./WCR DEVELOPMENT, 445): Submitted by ENGINEERING SERVICES, INC. for property at 521 N. SHADY AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.23 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION. RECOMMENDATION: Staff recommends forwarding RZN 17-5837 to the City Council with a recommendation of approval, based on the findings herein. BACKGROUND: The subject property is located southeast of the intersection of Washington Avenue and Spring Street. The approximately 0.23 acre parcel is within the RSF-4 zoning district. The property contains a 5 unit apartment built in 1931. The building appears to have been built for this use, although it is possible that it was sub -divided years ago, either way the structure has contained multiple tenants for several decades. The apartment is considered an existing and non- conforming use within the RSF-4 zoning district. The surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-family Residential RSF-4, Single-family Residential South Single-family Residential RMF -40, Multi -family Residential East Sincile-family Residential RSF-4 Sinole-family Residential West Single-family Residential RSF-4, Single-family Residential Request: The request is to rezone the property from RSF-4, Residential Single-family, 4 Units per Acre to NC, Neighborhood Conservation. The applicant stated that the intent is to facilitate future re -development of the site. Public Comment: Neighbor comments have been supportive of the rezone, noting that the apartment has been a disruptive element in the neighborhood for a number of years. Mailing Address: Planning mission om June 26, 2017 113 W. Mountain Street www.f ayettevi I IeA�69ff Item 7 Fayetteville, AR 72701 17-5837 WCR Dev. Page 1 of 19 INFRASTRUCTURE: Streets: The subject parcel has access to W. Ila Street, and N. Shady Street, both of which are improved with curb, gutter, storm drainage, and sidewalks. Water: Public water is available to the site, although it is limited in capacity. There is an existing 2 -inch cast iron pipe located under Shady Avenue, which is the line the existing apartment building gets it service from. There is also a separate 1.5- inchgalvanized main along W. Ila Street. Neither line would be able to support fire demands if development of the property would require a fire sprinkler system. Sewer: Sanitary Sewer is available to the site by means of an existing 6 -inch diameter pipe along N. Shady Avenue. Drainage: Any additional improvements or requirements for drainage will be determined at ti 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: The Fire Department did not comment on this request. Police: The Police Department did not comment on this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan 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, multi- family and rowhouses. The Residential Neighborhood Area designation 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 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 compatible with surrounding land use patterns in this area, which consists generally of single-family residential properties and two small multi -family apartment units, including that on the subject property. In the immediate area, typical lot sizes are around 0.25 acres, with many larger and some significantly smaller. The subject property is typical at 0.22 acres; the NC zoning district would allow the property to be subdivided in to two lots of approximately 4,791 square feet. Planning Commission June 26, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5837 RZN 521 N. Shady Ave. Agenda Item 7 (WCR Development) 445\03 Planning Commission\07-10-2017\Comments and Redlines 17-5837 WCR Dev. Page 2 of 19 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, which encourages a wide variety of residential types within a dense urban environment. City Plan 2030 encourages both infill development and re- development in a traditional urban form, further, infill development is the highest priority of the City Plan 2030. The proposed rezone would, however, allow the property to be redeveloped with two single-family homes, which would somewhat reduce the variety of housing types available in the neighborhood. 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 NC zoning to allow reduced lot size which would allow for the re -development of the lot for two single-family homes. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zone is not expected to lead to increased traffic danger or congestion in the area. The property is currently developed with a five -unit apartment building, and the proposed zoning will allow a maximum of two single-family homes on the parcel if the apartment is removed. 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: With consideration for the subject property's existing development density, a rezoning the property is likely to lead to a decreased load on public services and decreased population density. Additionally, the development is not expected to have undesirable adverse impacts on public services or facilities, as an overall reduction in development density is likely. The Police and Fire Departments have not expressed objections to the proposed zoning. 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 Planning Commission June 26, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5837 RZN 521 N. Shady Ave. Agenda Item 7 (WCR Development) 445\03 Planning Commission\07-10-2017\Comments and Redlines 17-5837 WCR Dev. Page 3 of 19 RECOMMENDATION: Staff recommends forwarding RZN 17-5837 to the City Council with a recommendation of approval, based on the findings discussed throughout this report. PLANNING COMMISSION ACTION: Required YES Date: June 26-2017 O Tabled Ell Forwarded Motion: HOFFMAN ISecond: QUINLAN Vote: 8-0-0 CITY COUNCIL ACTION Date: July 18, 2017 BUDGET/STAFF IMPACT: None Attachments: Required YES O Approved O Denied ■ UDC 161.07, RSF-4 Residential Single-family / 4 Units per Acre • UDC 161.29, Neighborhood Conservation • Public comment • Request letter • One Mile Map • Close -Up Map • Current Land Use Map ■ Future Land Use Map 71 Denied Planning Commission June 26, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5837 RZN 521 N. Shady Ave. Agenda Item 7 (WCR Development) 445\03 Planning Commission\07-10-2017\Comments and Redlines 17-5837 WCR Dev, Page 4 of 19 I 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 7City-wide uses by right Unit 8 T� Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use dwellings permit Unit 3 Public protection and utility acre facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit Limited business 12a Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single- Two (2) family family dwellings dwellings Units per 4 or less 7 or less acre Planning Commission June 26, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5837 RZN 521 N. Shady Ave. Agenda Item 7 (WCR Development) 445103 Planning Commission\07-10-2017\Comments and Redlines 17-5837 WCR Dev. Page 5 of 19 (D) Bulk and Area Regulations. Single-family Two (2) dwellings family dwellings Lot minimum width 70 feet 80 feet Lot area 8,000 12,000 minimum square feet square feet Land area 8,000 6,000 square per dwelling unit square feet feet Hillside Overlay District Lot 60 feet 70 feet minimum width Hillside Overlay 81000 12,000 District Lot square feet square feet area minimum Land area 8,000 6,000 square per dwelling unit square 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. Planning Commission June 26, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5837 RZN 521 N. Shady Ave. Agenda Item 7 (WCR Development) 445\03 Planning Commission\07-10-2017\Comments and Redlines 17-5837 WCR Dev. Page 6 of 19 (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; Ord. No. 594r), §8, 1- 17-17) Planning Commission June 26, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5837 RZN 521 N. Shady Ave. Agenda Item 7 (WCR Development) 445\03 Planning Commission\07-10-2017\Comments and Redlines 17-5837 WCR Dev. Page 7 of 19 161.29 - Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (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 Unit 24 permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family Unit 44 dwellings Unit Limited business* 12a Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. Planning Commission June 26, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5837 RZN 521 N. Shady Ave. Agenda Item 7 (WCR Development) 445\03 Planning Commission\07-10-2017\Comments and Redlines 17-5837 WCR Dev. Page 8 of 19 (1) Lot Width Minimum. Single Family Two Family Three Family E 40 feet 80 feet 90 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. of an alley (F) Building Height Regulations. Building Height Maximum 45 feet (Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18- 13; Ord. No. 5664, 2-18-14; Ord. No. 58c)O , § 1(Exh. A), 10-6-15>; Ord. No. 5921 , § 1, 1 1-1-16; Ord. No. qgiifi , §§ 5, 7-9, 1-17-17) Planning Commission June 26, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5837 RZN 521 N. Shady Ave. Agenda Item 7 (WCR Development) 445\03 Planning Commission\07-10-2017\Comments and Redlines 17-5837 WCR Dev. Page 9 of 19 A build -to zone that is located between the front property Front line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from - center line 12 feet of an alley (F) Building Height Regulations. Building Height Maximum 45 feet (Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18- 13; Ord. No. 5664, 2-18-14; Ord. No. 58c)O , § 1(Exh. A), 10-6-15>; Ord. No. 5921 , § 1, 1 1-1-16; Ord. No. qgiifi , §§ 5, 7-9, 1-17-17) Planning Commission June 26, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5837 RZN 521 N. Shady Ave. Agenda Item 7 (WCR Development) 445\03 Planning Commission\07-10-2017\Comments and Redlines 17-5837 WCR Dev. Page 9 of 19 06/11/2017 City of Fayetteville Planning Division 125 West Mountain St. Fayetteville, AR 72701 To Whom It May Concern: My name is Alan Pruitt and I reside at 513 N Shady Ave. I highly recommend that the property on the southwest corner of the intersection of Ila Street and North Shady Avenue be rezoned to NC (neighborhood conservation district) This property is directly adjacent to mine and in my opinion is an eyesore to the neighborhood. The yard is barely kept and trash lines not only the yard but also the street. It also has multiple people coming and going at all hours of the day and night. - I hope that you will give this rezoning your most thoughtful consideration. I believe that it will upgrade the neighborhood and help make the Wilson Park area more family orientated. Yours truly, Alan Pruitt 513 North Shady Ave. Fayetteville, AR 72701 479-650-2949 Planning Commission June 26, 2017 Agenda Item 7 17-5837 WCR Dev. Page 10 of 19 Comments from Jerry Patton 6-14-2017 Re: RZN 17-5837 Mr. Patton called to discuss the proposed NC zoning. He expressed his support for the request. Planning Commission June 26, 2017 Agenda Item 7 17-5837 WCR Dev. Page 11 of 19 ENGINEERING SERVICES INE. !'iW 1207 S. Old Missouri Rd. • P.O. Box 282 • Springdale, Arkansas 72765-0282 May 30, 2017 Fayetteville Planning Division 125 W. Mountain Street Fayetteville, Arkansas 72701 RE: 521 N. Shady Avenue Rezoning Application Dear Sir or Ma'am, Ph: 479-751-8733 • Fax: 479-751-8746 On behalf of our client, we are submitting application materials to rezone 521 N. Shady Avenue from the RSF-4 district to the Neighborhood Conservation District. This 10,916 s.f. property consists of Lot 1 and a portion of Lot 2 of the Englewood Addition to the City of Fayetteville as shown in the Lot Line Adjustment filed at Book 2007 Page 44887. The property lies along the south side of Ila Street, the west side of N. Shady Avenue, and the north side of a 12' wide alleyway. -An existing, non -conforming multi -family structure on the property will be removed if the rezoning application is approved. The following section provides additional information regarding the property and this application as required by the rezoning application instructions: A) Property is currently owned by Max A. and Cynthia S Parker and is under contract to be sold To WCR Development, LLC. B) Rezoning is being requested to facilitate future development of the property once the apartment building is removed. C) The neighborhood and adjacent properties are primarily residential with a mix of single family and multi -family uses. Requested zoning district allows single family residential use by right, which is consistent with and conforms to existing uses in the area. There is a large area of neighborhood commercial located slightly southeast of the subject property on the south side of Maple Avenue. ENGINEERING SERVICES INC. Brian J. ,Moore, Y.E. Tim J. May s,P.E. Jason Appel, RE. Jerry W, Martin Pr ,idC L 1j Vi- P—idcnl Scc ury IT—urcr E:hnirnPtAghMdlreo�nmission 117 w ' d 7 Page 12 of 19 521 N. Shady Avenue Rezoning Application May 30, 2017 Page 2 D) Sufficient water and sewer to serve the property are available on site, as evidenced by existing apartment building on the parcel served by existing water and sewer mains. There is an existing 8" gravity sewer main along the north side of Ila Street and an existing 6" sewer main along Shady Avenue. There is an existing 1.5" water main along the north side of Ila Street and an existing 2" water main along Shady Avenue. It appears the existing water meter for the building is connected to the water main along Shady Avenue. E) The apartment building on site is a non -conforming use within the RSF-4 district. Proposal to remove the building will eliminate a non -conforming use. Rezoning to the Neighborhood Conservation district will bring property into one of the newer form -based zoning districts the City of Fayetteville has been moving toward in recent years and will allow for single family construction on the property in line with the design principles being encouraged by planning staff and elected officials for new construction. Future land use plan designates this area as a "Residential Neighborhood Area". No conflict exists between Land Use Plan and objectives for this area and the requested zoning district. F) Rezoning.is necessary to allow development of the property. G) If property is rezoned, existing multi -family building will be removed. Requested zoning does not allow multi -family use without a conditional use permit. The result of rezoning will therefore be a reduction of the number of residential units and most likely impact, if any, would be a negligible/slight decrease in the amount of traffic and congestion. H) As with traffic and congestion, the reduction in total number of residential units would tend to moderately decrease the load on water/sewer infrastructure and city services such as schools. 1) Applicant believes the highest and best use of the land will be possible under the requested zoning district. Brian J. Moore, Y.E. Tim J.Mays, P.E. Jason Appel, P.F.., Jerry W. Martin Presidem Vire Pmsideni Sacre,ar) i Treasurer Chaif"Yf6 ft tbf1 mission F. Consulting Engineers and Surveyors www.engineeringservi . ces.com 17 ENGINEERING SERVICES INC. F _4M7 7 Page 13 of 19 521 N. Shady Avenue Rezoning Application May 30, 2017 Page 3 Enclosed with this letter are: • Check to City of Fayetteville in the amount of $330 ($325 plus $5 Sign Fee) • Signed rezoning application form • 2007 Lot Line Adjustment including boundary and legal description • Scaled drawing showing adjacent property parcel and ownership information PDF copies of all application materials, including drawings, and .doc file of the Legal Description on CD Please contact me if you have any questions, or need additional information. Jason Appel, P.E. Secretary / Treasurer Enclosures -9 ENGINEERING SERVICES INC. Brian J. Moore, P.E. Ncsid-t Jerry W. Martin ChairF?Mn1JMg IgaiAmission 17 7 Page 14 of 19 n 765.66100-000 {i ` ,WILXIN; Raf R DIA W NA ST ,FA''fETTFVIL!.E AR 71101 / VRSF•4) Y,hYB.Sf�3•� / I ,.L 1 STATE. cnARn!I 765.05I03.M MBNA. ?RAJ B dANITA 350 W MAPLE ST FAYETTEVILLE AN 717CI .Y,RSF•4)- _ J§IplP�9A, Afl Of LOT I IN BLOCK 4 OF 'HE MUM ADOPTION IN FAYETTEYILLE, AMWISAS A3 PEA PLAT DF SAW ADDIf:ON ,RECORDED IN THE OFFIIE Of THE CIPfUr C:ERX INC Ef2ffiClo RE(C'ROEF OF WASHINGTON Cowry. ARAARSAS, REM MORE PARrICIdAHL' of9QED A5 FXOWS: AE61NN'N6 AT THE NE CORNER 01 SCID MICINAL LOT I, THENCE SOUTH 15299 FEET TNESCE Al"W'1)DM A 25 FEET. IMENCE NORM IR CO FEEL SY'M 589111h1 14 S FEE; TO THE POS, CMFAMM R,ALO SOUAIC FEET MME OF LESS, SIA3,F_(T TD CASEMENTS Ali) MONT OF WAY OF RECORD. 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SGUARE FEET MORE OR LESS, SZECT i0 EISEMENTS 6ND.O'CHT OT WAY OF RECORD. !1 EN'GMER: OWNER 0,'ENSEN 6 ASSOCIATES MAX PARKER CONSta11N8eLiA' il>gINC 1680ESHADOWRIDGE 114 WEST 09RID6E 61ErE $ FAYETTEVILLE. AN 71761 FAYETTEVILLE, AR 71703 (479)1996916 (09,'441-90 k1. 16. 6L1l6iT6YL1 tAn; IBL SID:•iA: L M II R:7l.D: aA ,'A Irl AB'. W IC AUA B Y S YBXK#.AP Gk�N. NK pu r�}A(�R(�#'7Ef 1 [ ti�L{l Ify�111�k�Y �E Q'F 11,72007-Y 047VAli PART 05 LOT 2IN BLOC 4 OF [NE E1ICIEWOOO ADDITION !N FAYETTEVILLE. ARKANSAS, AS PEP PLAT OF EU AO0 ION IL'CORGED IN TNF OFFICE O` THE CIPUT CLEAA AND EX-CFFICIO REMIR Cf 'NASMMSTON CCUIMY. ARKANSAS, BE%NATE PARLIC%VLY DESCFAd'0 AS LOQ .ENNCiINi AL Nc SE .M,VER OF SAID FOLLOWS CO' 1 IPEWE S.A •71' M+IGINaA LOT 1, 4f d9 5.45 FEE r iO THE ,OR, THENCE NS991'714MU8FEET FAEN(ENMTN !32 00 FFET. THENCE Sd91I777 d0 d0 FEEL INEAYE 5011TH 132. AO FEET TD THE PCD, CONIWMNG 0.615 SOVARE FEET MDSE OR aSS, S'.5JECi TO EASEMENTS AND RIGHT OF WAY OF RECORD. 4,51 }yT�t•,;�,• 1,kTB>L 0� T a4. 1Lld A q�' A� 1rho co June Page 15 of 19 RZN 17-5837 One Mile View CA WCR DEVELOPMENT 0 0.125 0.25 A& NORTH 0.5 Miles WI RSF4 Subject Propertyperty ,. WN �; t RUP Wad in RESIDENTIAL SINGLE-FAMILY mt, Legend C010MCIAL Planning Area RSF FORM POSED OR IR; Fs P, Fayetteville City Limits RSF'18 RESIDENTIAL MULTI -FAMILY ...... Shared Use Paved Trail Trail (Proposed)------ *a•sRNF,PLANNE'D ZONING OR TRICTS Area PlanningAr k"R. INDUSTRIAL INSTITUTIONAL Building Footprint 11 C 1-1 H.q C. --t— Lqhl I.—.1 Fayetteville City Limits G...I Ind.,—.1 Planning Ca mission 6, 2017 Agenda Item 7 17-5837 WCR Dev. Page 16 of 19 RZN 17-5837 Close Up View LOUISE ST RSF-4 rrntl�-4n WCR DEVELOPMENT W w w > } 0 W d Subject Property ILA ST Legend Planning Area Feet Fayetteville City Limits 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet MOUNT NORD ST A& NORTH RSF-4 RMF -40 Downtown General Neighborhood Conservation P-1 Planning ConIn Junb fission ,2017 Agenda Item 7 17-5837 WCR Dev. Page 17 of 19 Agenda Item 7 17-5837 WCR Dev. Page 18 of 19 Agenda Item 7 17-5837 WCR Dev. Page 19 of 19 ..i)rtt /� 7 _M.�y; _ A 7 7. - 9 9E.; , ':r"i NAI . `411! '-A?':. „v_ .r, :2,;J2 > s:?-Q2-�. .,,. `rir�.:%.;-� u Ali ,. ;L'`t. ,, =?i U.f.., 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. 5988 _ Was inserted in the Regular Edition on: July 27, 2017 Publication Charges: $ 70.20 *� Ie Karen Caler Subscribed and sworn to before me This Z day of 6 � , 2017. 6v, t(4 Notary Public My Commission Expires: ONS CATHY WILES /',T!:Pnsus . penton County i pry lie - Comm# 12397118 cru stun Expires Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. 1 AUG a 8 2017 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Ordinance: 5988 File Number: 2017-0361 RZN 17-5837 (521 N. SHADY AVE./WCR DEVELOPMENT): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-5837 FOR APPROXIMATELY 0.23 ACRES LOCATED AT 521 NORTH SHADY AVENUE FROM RSF4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION 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 ofthe 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 NC, Neighborhood Conservation. 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 74213796 July 27, 2017