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Home My WebLink AboutORDINANCE 6028XT, 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6028 File Number: 2017-0747 Doc ID: 017928750004 Type: REL Kind: ORDINANCE Recorded: 03/26/2018 at 08:50:45 AM Fee Amt: $30.00 Page 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk �] File 0 1 8-0000 rkV L 2 1 ADM 17-6010 (LOTS 24-42 & LOTS 68 & 69/TIMBER TRAILS SD): AN ORDINANCE TO AMEND RESIDENTIAL PLANNED ZONING DISTRICT 04-1154 TIMBER TRAILS TO ALLOW SINGLE FAMILY HOMES ON LOTS 24-42, 68 AND 69 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 amends Residential Planned Zoning District 04-1154 Timber Trails to allow single family homes on lots 24-42, 68 and 69. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to show the zoning change provided in Section 1. PASSED and APPROVED on 1/2/2018 Attest: Sondra E. Smith, City Clerk Treasurer iilrlt7J��lt� yr. JF.V111't • Ga fir/j//'/li Tr0411111101, Page 1 Printed on 113118 RZN 17-6010 1 TIMBER TRAILS SD I 17-6070 Close Up View P-1 0 ACACIA XING Legend ' Planning Area � 9 Fayetteville Cit Limits Y Y Shared Use Paved Trail Trail (Proposed) Building Footprint Feet 0 75 150 300 450 600 1 inch = 200 feet EXHIBIT 'A' SPINEL LNK PEPPERVINE DR I - NORTH RS F-4 !"-1 Neighborhood Conservation Commercial, Industrial, Residential P-1 17-6010 EXHIBIT 'B' Lots 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 68 and 69, Timber Trails Subdivision, Fayetteville, Washington County, Arkansas as shown on plat record "23A" at page 55. OR Lots 24 through 42, 68, and 69, Timber Trails Subdivision, Fayetteville, Washington County, Arkansas as shown on plat record "23A" at page 55 17-6010 EXHIBIT 'C' Proposed PZD Zoning Amendment for Lots 24-42, 68 & 69 of the Cliffside R-PZD (1) Permitted Uses. Lot Numbers Lots 1-3, 34-38, 67, 106-111 Lots 4-23, 43-66, 70-105 Lots 24-42, 68-69 (2) Other Requirements. Permitted Land Use Single-family Dwellings, Use Unit 8 Two-family Dwellings, Use Unit 9 Single-family Dwellings, Use Unit 8 Two-family Dwellings, Use Unit 9 As regulated by the Cliffside Subdivision Covenants and Restrictions Washington County, AR I certify this instrument was filed on 03/26/2018 08:50:45 AM and recorded in Real Estate File Number 201,8,-00008221 Kyle Sylvester 4Citcuit Clerk by r_= City of Fayetteville, Arkansas 113 West Mountain Street i Fayetteville, AR 72701 ;i (479) 575-8323 Text File --� File Number: 2017-0747- Agenda 017-0747Agenda Date: 1/2/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: D. 8 ADM 17-6010 (LOTS 24-42 & LOTS 68 & 69/TIMBER TRAILS SD): AN ORDINANCE TO AMEND RESIDENTIAL PLANNED ZONING DISTRICT 04-1154 TIMBER TRAILS TO ALLOW SINGLE FAMILY HOMES ON LOTS 24-42,68 AND 69 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 amends Residential Planned Zoning District 04-1154 Timber Trails to allow single family homes on lots 24-42, 68 and 69. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to show the zoning change provided in Section I. City of Fayetteville, Arkansas Page 1 Printed on 11312018 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2017-0747 Legistar File ID 1/2/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/15/2017 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: ADM 17-6010: Administrative Item (LOTS 24-42 & LOTS 68 & 69/TIMBER TRAILS SD, 526): Submitted by JORGENSEN & ASSOCIATES, INC. for LOTS 24-42 AND LOTS 68 & 69, TIMBER TRAILS SUBDIVISION. The properties are zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 04-1154 TIMBER TRAILS and contain approximately 3.33 acres. The request is to amend the R-PZD the allow single family homes. 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: I ' CITY COUNCIL AGENDA MEMO CITY O FA'lETTEVILLE ARKANSAS MEETING OF JANUARY 2, 2018 TO: Mayor, Fayetteville City Council THRU: Garner Stoll, Development Services Director FROM: Jonathan Curth, Senior Planner Andrew Garner, City Planning Director DATE: December 15, 2017 SUBJECT: ADM 17-6010: Administrative Item (LOTS 24-42 & LOTS 68 & 69/TIMBER TRAILS SD, 526): Submitted by JORGENSEN & ASSOCIATES, INC. for LOTS 24-42 AND LOTS 68 & 69, TIMBER TRAILS SUBDIVISION. The properties are zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 04-1154 TIMBER TRAILS and contain approximately 3.33 acres. The request is to amend the R- PZD the allow single family homes. RECOMMENDATION: The City Planning staff and Planning Commission recommend approval of an ordinance to amend the Cliffside R-PZD for Lots 24-45, 68, and 69 to allow single-family dwellings as an addition to those uses currently permitted. The proposed amendments are depicted in the attached Exhibits A', 'B', and 'C'. BACKGROUND: The subject property is on the eastern slope of Mount Sequoyah, between Happy Hollow Road to the west and Happy Hollow Elementary School to the east. In 2004 the subject property and the subdivision of which it is a part was rezoned by the City Council as the Cliffside R-PZD. As a part of this approximately 26 -acre subdivision, 15 single-family dwelling and 48 two-family dwelling lots were created, allowing 111 dwelling units. Lots were designated for either single- family or two-family dwellings, but not both. Characteristics of the subdivision include narrow lots, lot layouts that facilitate the sale of individual attached dwellings, trail access, protected riparian corridors, and an emphasis on tree preservation, with canopy exceeding 38%. It is not clear when, but at some point between the R-PZD's approval and final platting in 2006, the subdivision's name changed from Cliffside to Timber Trails. Although many lots in the subdivision remain un -built, the last dwellings constructed in the subdivision were in 2010. The properties that are the subject of this amendment are currently undeveloped and only permit two-family dwellings (Use Unit 9). Request: The request is to amend the current Timber Trails Residential Planned Zoning District requirements for Lots 24-42, 68, and 69 to allow Use Unit 8, Single-family Dwellings. Public Comment: Staff has received no public comment. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 FINDINGS: Staff finds that the proposal to allow single-family dwellings on the subject property is compatible with adjacent land uses and consistent with City Plan 2030. Development in the area is largely residential of varying types, with multi -family to the north and large lot residential to the south. This agrees with the City Plan 2030 designation of Residential Neighborhood Area for the subdivision, which is intended to for low- to medium -density housing of various types. Although the Cliffside R-PZD permits exclusively residential uses, the intent of the lot layout was to limit development to 2 -family dwellings along the subdivision's northern border to create a transition from the multi -family housing to the north, to the single-family housing in the south. Given the dense vegetation and terrain in the area, staff believes that this transition is not critical, and that either single- or 2 -family dwelling development in this area can be compatible. An additional consideration in this request is the significant amount of changes that have occurred within Fayetteville's Unified Development Code, and how these effect development feasibility. Since the approval of the Cliffside R-PZD in 2004 and final platting in 2006, the City has amended several sections of code, including the Street Design and Access Management Standards and the Urban Residential Design Standards. In March of 2008, the City Council approved an ordinance (Ord 5118) which adopted the Urban Residential Design Standards. Among the requirements of this ordinance is that garages may not protrude from a principal facade. Compliance with this design requirement in particular has proven very difficult given the narrowness of lots, sloping terrain, areas of tree preservation, and lack of rear or side access options. The second major code change to affect development in this subdivision was an amendment to the access management standards approved by the City Council in 2013. Prior to this amendment, curb cuts on Local and Residential Streets were permitted for any use if they were located a minimum of 50 feet from an intersection centerline and 15 feet from an adjacent property line. After the amendment, curb cut separation for two-family dwellings on Local and Residential Streets was increased to 50 feet. With the narrow lots and cul-de-sacs in this subdivision, achieving a 50 -foot separation is difficult at best. Combined with market conditions, it is possible that these code changes are one of the major causes for development stagnating in the subdivision, and why no 2 -family dwelling has been built since 2009 despite there being numerous lots available. DISCUSSION: On December 11, 2017, the Planning Commission forwarded the proposal to City Council with a recommendation for approval by a vote of 7-0-0. No public comment was made. BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A ■ Exhibit B ■ Exhibit C ■ Application ■ Planning Commission Staff Report RZN 17-6010 f TIMBER TRAILS SD 1 17-6010 Close Up View NC ACAI 0 ir Rt 4 0 x CL r Legend EXHIBIT 'A' SPINEL LNK 1 Planning Area Fayetteville City Limits Shared Use Paved Trail — I Trail (Proposed) Building Footprint Feet 0 75 150 300 450 600 1 inch = 200 feet RVINE DR A& NORTH RSF-4 Neighborhood Conservation Commercial, Industrial, Residential P-1 17-6010 EXHIBIT 'B' Lots 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 68 and 69, Timber Trails Subdivision, Fayetteville, Washington County, Arkansas as shown on plat record "23A" at page 55. OR Lots 24 through 42, 68, and 69, Timber Trails Subdivision, Fayetteville, Washington County, Arkansas as shown on plat record "23A" at page 55 17-6010 EXHIBIT 'C' Proposed PZD Zoning Amendment for Lots 24-42, 68 & 69 of the Cliffside R-PZD (1) Permitted Uses. Lot Numbers Lots 1-3, 34-38, 67, 106-111 Lots 4-23, 43-66, 70-105 Lots 24-42, 68-69 (2) Other Requirements. Permitted Land Use Single-family Dwellings, Use Unit 8 Two-family Dwellings, Use Unit 9 Single-family Dwellings, Use Unit 8 Two-family Dwellings, Use Unit 9 As regulated by the Cliffside Subdivision Covenants and Restrictions nor REZONING 2f M7Vsv [Sr. ruyo rumc mr�-Vm-.- Adr., A p1cm I, I j, 04, r � rmA _, m 1, lei c lv. wppiv ing all n", emri mfimiwi r%h on4 '1'4=tft4Nri k, VVj*TI ztt I inju", V4WI VPIYC4]fft W& nW 'Ne FI?4aol V& L4V photon'? t'L[�-eHid d ".r W."d-t fat -ihlk ttque3c; .4ppJ40"t (perypri � qAOAW 6 PARZO" I 4- t r?A A-14 ID Addw5-s: - - I Q - L- i fl I F- Par. -I—#'11� 6,do 5iic Loo*I;oft,. - L 12� VAX! 4- '1 cuttrilt &mills, Mswot- Wourio; AAwmr's-PAri:d NufflWsli fix sAcc, P(kNvnY- f7iVANCIAL, AMUSTS 11w foltoydno cmidcs and d at pcopit. 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(4) A copy Of LIV COUI11Y p. =I map fiv)! the W'Wrl ringlon County .Also 's cifrbre tgr jWrn the Washiqum €"owfly y, eb-.i#I The subj�'cc prosy and all ddjg- �'vm. pareds shouldbe: i rltifiod an Ihis parc'cj Map 1'he O',V)I4`T,s r1Rmler offliic'ial 1arliling a4doms, slid the parm3 number for cwry IdjaLvnt p1gxshallbe show n c ry 1116 mp, %;M"F CITY OF AETTEIL.L.E ARKANSAS TO: THRU: FROM: MEETING DATE PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Jonathan Curth, Senior Planner December 11, 2017 (Updated with Planning Commission Results) SUBJECT: ADM 17-6010: Administrative Item (LOTS 24-42, LOTS 68 & 69/TIMBER TRAILS SD, 526): Submitted by JORGENSEN & ASSOCIATES, INC. for properties contained in LOTS 24-42 AND LOTS 68 & 69. The properties are zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contain approximately 3.33 acres. The request is to amend the zoning to allow single family homes. RECOMMENDATION: Staff recommends forwarding ADM 17-6010 to the City Council with a recommendation for approval. BACKGROUND: The subject property is on the eastern slope of Mount Sequoyah, between Happy Hollow Road to the west and Happy Hollow Elementary School to the east. In 2004 the subject property and the subdivision of which it is a part was rezoned by the City Council as the Cliffside R-PZD. As a part of this approximately 26 -acre subdivision, 15 single-family dwelling and 48 two-family dwelling lots were created, allowing 111 dwelling units. Lots were designated for either single- family or two-family dwellings, but not both. Characteristics of the subdivision include narrow lots, lot layouts that facilitate the sale of individual attached dwellings, trail access, protected riparian corridors, and an emphasis on tree preservation, with canopy exceeding 38%. It is not clear when, but at some point between the R-PZD's approval and final platting in 2006, the subdivision's name changed from Cliffside to Timber Trails. Although many lots in the subdivision remain un -built, the last dwellings constructed in the subdivision were in 2010. The properties that are the subject of this amendment are currently undeveloped and only permit two-family dwellings (Use Unit 9). Surrounding land use and zoning is depicted on Table 1. Table 1 Surroundinq Land Use and Zoninq Direction Land Use Zoning North Multi -family Residential RSF-4, Residential Single-family, 4 Units per Acre South _ Large Lot Single-family Residential; Fayetteville Public Schools Virtual Academy RSF-4, Residential Single-family, 4 Units per Acre; P-1, Institutional East Hollow Elementary P-1, Institutional West _U.Lpa Single-family Residential; Undeveloped R-PZD, Residential Planned Zoning District NC, Neighborhood Conservation annmg ommission Mailing Address: De ember 11, 2017 113 W. Mountain Street www.fayettevReA�l gffItem 3 Fayetteville, AR 72701 17-6010 Timber Trails SD Page 1 of 9 Request: The request is to amend the current Timber Trails Residential Planned Zoning District requirements for Lots 24-42, 68, and 69 to allow Use Unit 8, Single-family Dwellings. Public Comment: Staff has received no public comment. FINDINGS: Staff finds that the proposal to allow single-family dwellings on the subject property is compatible with adjacent land uses and consistent with City Plan 2030. Development in the area is largely residential of varying types, with multi -family to the north and large lot residential to the south. This agrees with the City Plan 2030 designation of Residential Neighborhood Area for the subdivision, which is intended to for low- to medium -density housing of various types. Although the Cliffside R-PZD permits exclusively residential uses, the intent of the lot layout was to limit development to 2 -family dwellings along the subdivision's northern border to create a transition from the multi -family housing to the north, to the single-family housing in the south. Given the dense vegetation and terrain in the area, staff believes that this transition is not critical, and that either single- or 2 -family dwelling development in this area can be compatible. An additional consideration in this request is the significant amount of changes that have occurred within Fayetteville's Unified Development Code, and how these effect development feasibility. Since the approval of the Cliffside R-PZD in 2004 and final platting in 2006, the City has amended several sections of code, including the Street Design and Access Management Standards and the Urban Residential Design Standards. In March of 2008, the City Council approved an ordinance (Ord 5118) which adopted the Urban Residential Design Standards. Among the requirements of this ordinance is that garages may not protrude from a principal fagade. Compliance with this design requirement in particular has proven very difficult given the narrowness of lots, sloping terrain, areas_ of tree preservation, and lack of rear or side access options. The second major code change to affect development in this subdivision was an amendment to the access management standards approved by the City Council in 2013. Prior to this amendment, curb cuts on Local and Residential Streets were permitted for any use if they were located a minimum of 50 feet from an intersection centerline and 15 feet from an adjacent property line. After the amendment, curb cut separation for two-family dwellings on Local and Residential Streets was increased to 50 feet. With the narrow lots and cul-de-sacs in this subdivision, achieving a 50 -foot separation is difficult at best. Combined with market conditions, it is possible that these code changes are one of the major causes for development stagnating in the subdivision, and why no 2 -family dwelling has been built since 2009 despite there being numerous lots available. RECOMMENDATION: Staff recommends forwarding ADM 17-6010 to City Council with a recommendation for approval with conditions. RECOMMENDED MOTION: "I move to forward ADM 17-6010 to the City Council with a recommendation of approval with conditions as recommended by staff." Conditions of Approval 1. All conditions of approval from the previously approved Cliffside R-PZD 04-1154 shall apply; Planning Commission December 11, 2017 GAETC\Development Services Review\2017\Development Review\17-6010 RZN Agenda Item 3 Lots 24-42, Lots 68 & 69 (Timber Trails SD) 526\03 Planning Commission\12-11-2017 17-6010 Timber Trails SD Page 2 of 9 2. Approval of this R-PZD modification does not grant approval of the development details for the project. The proposed housing will be required to be reviewed for compliance with all Unified Development Code requirements as part of the standard development review process; and 3. The attached zoning requirements will be in addition to all previous zoning regulations on the subject property. PLANNING COMMISSION ACTION: Required YES Date: December 1.1, 2017 O Tabled ® Forwarded Motion: Scroggin I Second: Quinlan Vote: 7-0-0 CITY COUNCIL ACTION: Required YES !Date: January 2, 2017 (Tentative) O Approved BUDGET/STAFF IMPACT: None Attachments: ■ Proposed PZD Amendment ■ Request Letter ■ One Mile Map ■ Close -Up Map ■ Current Land Use Map it Future Land Use Map O Denied O Denied Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-6010 RZN Agenda Item 3 Lots 24-42, Lots 68 & 69 (Timber Trails SD) 526\03 Planning Commission\12-11-2017 17-6010 Timber Trails SD Page 3 of 9 ADM 17-6010 Proposed PZD Zoning Amendment for Lots 24-42, 68 & 69 of the Cliffside R-PZD (1) Permitted Uses. Lot Numbers Permitted Land Use Lots 1-3, 34-38, 67, Single-family Dwellings, Use Unit 8 106-111 Lots 4-23, 43-66, Two-family Dwellings, Use Unit 9 70-105 Lots 24-42, 68-69 Single-family Dwellings, Use Unit 8 p Two-family Dwellings, Use Unit 9 _ fl (2) Other Requirements. As regulated by the Cliffside Subdivision Covenants and Restrictions Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-6010 RZN Agenda Item 3 Lots 24-42, Lots 68 & 69 (Timber Trails SD) 526\03 Planning Commission\12-11-2017 17-6010 Timber Trails SD Page 4 of 9 JORGENSEN + ASSOCIATES Civil Engineering + Surveying ADM 17-6010 Request Letter 11/30/17 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Planning Dept. Re: Rezoning of some lots in Timber Trails Subdivision (Revise R-PZD) 124 W Sunbridge Drive, Suite S Fayetteville, AR 72703 Office: 479.442 9127 Fax: 479 582 4807 www iorgensenassoc.com Attached please find information pertaining to the rezoning request. This is for 16 lots in Timber Trails Subdivision. This currently is an R-PZD zone and we are requesting to amend this R-PZD to allow the Construction of Single Family Houses in addition to the currently allowed Two -Family. Water and Sewer services may have to be modified, since there are services for 22 duplexes we would cap/plug the sewer or water services that are not needed. The request is for lots 24-42 and lots 68 & 69. Please call concerning any questions you may have. Thankyou Sincerely, David L. Jorgensen, P.E. Planning Commission December 11, 2017 Agenda Item 3 17-6010 Timber Trails SD Page 5 of 9 Agenda Item 3 17-6010 Timber Trails SD Page 6 of 9 Agenda Item 3 17-6010 Timber Trails SD Page 7 of 9 Agenda Item 3 17-6010 Timber Trails SD Page 8 of 9 Agenda Item 3 17-6010 Timber Trails SD Page 9 of 9 NoxTHWEsT ARKANsas Democrat *Oazette AFFIDAVIT OF PUBLICATION I Cathy Wiles, 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 f CITY OF FAYETTEVILLE Ord. 6028 Was inserted in the Regular Edition on: January 11, 2018 Publication Charges: $ 58.50 Cathy Wiles Subscribed and sworn to before me This day of , 2018. ;. ``ios6stts4tt��saaearnr '%c e otary Public6&` "sr, My Commission Expires:%6 V •� �amam'� .me`� ''°^�°t�,saaaxass **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED FEB x. 2018 CITY OFA'q_"g1EY1PEfa CITY CL IKST00fdOCRO17-0747 ADM 17-6010 (LOTS 24-42 & LOTS 68 & 69/TIMBER TRAILS SD): AN ORDINANCE TO AMEND RESIDENTIAL PLANNED ZONING DISTRICT 04-1154 TIMBER TRAILS TO ALLOW SINGLE FAMILY HOMES ON LOTS 2442, 68 AND 69 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council ofthe City of Fayetteville, Arkansas hereby amends Residential Planned Zoning District 04- 1154 Timber Trails to allow single family homes on lots 24-42, 68 and 69. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to show the zoning change provided in Section 1. PASSED and APPROVED on 1/2/2018 Jordan, Mayor Sondra E. Smith, City Clerk Treasurer 74393705 Jan. 11- 2018