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Home My WebLink AboutORDINANCE 6146113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6146 File Number: 2018-0770 APPEAL RZN 18-6380 (1882 STARR RD./JB HAYES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18- 6380 FOR APPROXIMATELY 1.20 ACRES LOCATED AT 1882 NORTH STARR DRIVE FROM RSF- 4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS -L, NEIGHBORHOOD SERVICES - LIMITED 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 -L, Neighborhood Services -Limited. 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 2/5/2019 Approve- Attest: Lisa Branson, Deputy Cit+L��yt 7R'/{�r, Eq �� ; • GST y o * FAYETTEViI_LE ; f'�k iiO�ii+i►►'�►► Page 1 Printed on 217119 RZN 18-6380 Close Up View R-.1 Legend CHEROKEE DR Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint JB HAYS R -O MADISON DR RSF-4 P-1 Feet 0 75 150 300 450 600 1 inch = 200 feet EXHIBIT 'A' A& NORTH Residential -Agricultural RSF-4 Residential -Office P-1 RZN 18-6380 EXHIBIT 'B' /-Ao000, 4'� DAssoci ates,inc.. civil Engineering • Land Surveying - Landscape Architecture 7230 S. Pleasant Ridge Dr. Fayetteville, AR 72704 PH: 479-442-9350 " FAX: 479-521-9350 www. nwabatesinc. cam September 10, 2018 RE: Legal Description for proposed lot 22, Starr Lake subdivision, for a rezoning request. LOT 22 LEGAL DESCRIPTION: A PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO - WIT: COMMENCING AT THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO3007'25"E 613.54', THENCE S87020'0711E 58.32', THENCE NO2°34'05"E 618.15' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE NO2034'05"E 194.98', THENCE S87026'18"E 32.84', THENCE NO2033'39"E 49.85', THENCE S87°11'01 "E 151.37', THENCE S14°32'24"E 212.75', THENCE S75027'36"W 82.56', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 65.00' FOR A CHORD BEARING AND DISTANCE OF S59047'04"W 35.12', THENCE S44006'33"W 20.74', THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 20.33' FOR A CHORD BEARING AND DISTANCE OF S75057'50"W 21.28', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 96.50' FOR A CHORD BEARING AND DISTANCE OF N76027'06"W 35.94', THENCE N87.11'01 "W 51.99', THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 17.00' FOR A CHORD BEARING AND DISTANCE OF N42018'28"W 23.99', TO THE POINT OF BEGINNING, CONTAINING 1.20 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. City of Fayetteville, Arkansas 113 West Mountain Street r Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0770 Agenda Date: 2/5/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 1 APPEAL RZN 18-6380 (1882 STARR RD./JB HAYES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18-6380 FOR APPROXIMATELY 1.20 ACRES LOCATED AT 1882 NORTH STARR DRIVE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS -L, NEIGHBORHOOD SERVICES -LIMITED 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 -L, Neighborhood Services -Limited. 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 2!7/2019 s+ NORTHWEST ARKANSAS ORAL SURGERY J D. HAYS, D 115. -- RECEIVED DEC 19 2018 FA -/l u X'�z I L _ /i w lire /'✓��IC�. � I W CITY COUNCIL AGENDA MEMO CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 15, 2019 TO: Mayor; Fayetteville City Council THRU: Garner Stoll, Development Services Director FROM: Andrew Garner, City Planning Director DATE: December 20, 2018 SUBJECT: RZN 18-6380: Rezone (1882 STARR RD./JB HAYS, 373): Submitted by J.B. HAYS for property located at 1882 STARR RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.20 acres. The request is to rezone the parcel to NS -L, NEIGHBORHOOD SERVICES -LIMITED. RECOMMENDATION: The Planning Commission denied the applicant's request to rezone the subject property from RSF-4, Residential Single Family Four Units per Acre to NS -L, Neighborhood Services -Limited. The property owner has appealed the Planning Commission's decision to the City Council. Staff recommends in favor of the request. BACKGROUND: The subject property is located at 1882 Starr Road and contains 1.20 acres. The property is developed with an approximately 1,820 square foot office building and small gravel parking lot that was constructed in 1992 according to County records. The property was developed for an office when it was in unincorporated county. The property was included in a larger annexation in 2004 and brought into the city as a residential zoning district (Ordinance 4588). The property is currently zoned RSF-4, Residential Single-family, 4 Units per Acre. The building and property has consistently been used for commercial purposes ever since it was developed. Request: The request is to rezone the property from RSF-4, Residential Single Family Four Units per Acre to NS -L, Neighborhood Services -Limited as shown in the attached Exhibits 'A' and 'B'. Land Use Plan Compatibility: The subject property is surrounded by residential dwellings to the north and west, and undeveloped land that is planned for a subdivision to the east and south. The immediately adjacent dwellings were generally constructed in the late 1990's to early 2000's. The subject property's non-residential structure and parking area, having been built in 1992 was developed prior to the surrounding neighborhoods. It is scaled appropriately with the approximately 1,820 square foot building size acting as a limitation in and of itself on the potential impacts to adjacent homes. Furthermore, the NS -L, Neighborhood Services -Limited zoning district would not offer the opportunity to develop significantly larger structures that would be out Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 of scale with surrounding homes. This district includes floor area maximums of 3,000 square feet depending on the use; any business will be inherently restricted in scale and intensity. Land Use Plan Analysis: The Future Land Use Map designates the property as a Residential Neighborhood Area. These areas are primarily residential, but low -intensity, non-residential uses can be appropriate. The subject property is adjacent to Starr Drive, a 2 -lane Minor Arterial. Rezoning the property to NS -L is consistent with land use planning objective and zoning plans as it limits non-residential uses to a maximum size of 3,000 square feet, thereby providing an appropriate scale and location to offer goods and services to the adjacent community and wider area. This rezoning recognizes the historic non-residential nature of this property as a part of the neighborhood, consistent with City land use policies to recognize existing neighborhood patterns. DISCUSSION: On December 10, 2018, a motion to deny the rezoning passed by a vote of 5-3-0 (Commissioners Niederman, Johnson, and Hoffman voted 'no'; Autry was not present). At the public meeting, two residents in the area spoke against the rezoning citing concerns with non-residential uses in this location. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN 18-6380 JB HAYS EXHIBIT'A' Close Up View i CHEROKEE DR Legend Planning Area ' Fayetteville City Limits Trail (Proposed) Building Footprint R -O a Ix Im x M Subject Property MADISON DR RSF-4 Feet 0 75 150 300 450 600 1 inch = 200 feet A& NORTH Residential -Agricultural RSF-4 Residential -Office P-1 RZN 18-6380 EXHIBIT 'B' Associates, I n1c. civil Engineering - Land Surveying - Landscape Architecture 7230 S. Pleasant Ridge Dr. Fayetteville, AR 72704 PH: 479-442-9350'" FAX: 479-521-9350 www. nwa b a to si nc.cc rn September 10, 2018 RE: Legal Description for proposed lot 22, Starr Lake subdivision, for a rezoning request. I..0'1' 2? LEGAL DESCRIPTION: A PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO - WIT: COMMENCING AT THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO3007'25"E 613.54', THENCE S87°20'0711E 58.32', THENCE NO2034'05"E 618.15' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE N02034'05 "E 194.98', THENCE S87°26'18"E 32.84', THENCE NO2033'39"E 49.85', THENCE S87°11'01 "E 151.37', THENCE S14°32'24"E 212.75', THENCE S75027'36"W 82.56', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 65.00' FOR A CHORD BEARING AND DISTANCE OF S59047'04"W 35.12', THENCE S44006'33"W 20.74', THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 20.33' FOR A CHORD BEARING AND DISTANCE OF S75057'50"W 21.28', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 96.50' FOR A CHORD BEARING AND DISTANCE OF N76027'06"W 35.94', THENCE N87°11'01 "W 51.99', THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 17.00' FOR A CHORD BEARING AND DISTANCE OF N42018'28"W 23.99', TO THE POINT OF BEGINNING, CONTAINING 1.20 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. I W PLANNING COMMISSION MEMO CITY OF FAYETTEVILLE ARKANSAS TO: City of Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director MEETING DATE: December 10, 2018 fUpdated with Pfanninc7 Commission results SUBJECT: RZN 18-6380: Rezone (1882 STARR RD./JB HAYS, 373): Submitted by J.B. HAYS for property located at 1882 STARR RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.20 acres. The request is to rezone the parcel to NS -L, NEIGHBORHOOD SERVICES -LIMITED. RECOMMENDATION: Staff recommends approval of RZN 18-6380. RECOMMENDED MOTION: `7 move to forward RZN 18-6380 with a recommendation for approval." BACKGROUND: The subject property is located at 1882 Starr Road and contains 1.20 acres. The property is developed with an approximately 1,820 square foot office building and small gravel parking lot that was constructed in 1992 according to County records. The property was developed for an office when it was in unincorporated county. The property was included in a larger annexation in 2004 and brought into the city as a residential zoning district (Ordinance 4588). The property is currently zoned RSF-4, Residential Single-family, 4 Units per Acre. The building and property has consistently been used for commercial purposes ever since it was developed. The surrounding zoning and land uses are depicted in Table 1. Table 1 - Surrounding Zoning and Land Use Direction from Site I Land Use Zoning North Single-family Residential RSF-4, Residential Single-family South Undeveloped/St. Joseph's Church and School RSF-4; P-1. Institutional East Undeveloped RSF-4. Residential Single-family West Multi -family Residential RSF-4, Residential Single-family Request: The request is to rezone the subject property from RSF-4, Single-family Residential, 4 Units per Acre to NS -L, Neighborhood Services -Limited to recognize the longstanding office use of the property. Public Comment. No public comment has been received. INFRASTRUCTURE: Streets: The subject parcel has frontage access to North Starr Drive, a partially improved Minor Arterial with asphalt paving and an open ditch along the east side of North Starr Drive. There is a portion of sidewalk along the west side of North Starr Drive. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the site. There is an existing 8 -inch water main in the along North Starr Drive. Sewer: Sanitary sewer is available to the site. There is an existing 8 -inch sanitary main along North Starr Drive. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portion of this property is identified as FEMA regulated floodplains. There are no protected streams present in the subject parcel, No portion of this parcel lies within the Hillside -Hilltop Overlay District. There are no Hydric Soils present in the subject parcel. Fire: This site is protected by Ladder 5, located at 2979 N. Crossover Road. The property is located approximately 1.4 miles from the fire station with an anticipated response time of approximately 6 minutes using existing streets. The Fire Department has no concerns with this request. Police: The Police Department did not express any concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Map designates the property as a 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 rowhouses. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhood, such as retail and offices, on corners and along connecting corridors. The 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: 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Plan Compatibility: The subject property is surrounded by residential structures to the north and west, and undeveloped land that is planned for a residential subdivision to the east and south. The immediately adjacent dwellings were generally constructed in the late 1990's to early 2000's. The subject property's non-residential structure and parking area, having been built in 1992 was developed prior to the surrounding neighborhoods. It is scaled appropriately with the approximately 1,820 square foot building size acting as a limitation in and of itself on the potential impacts to adjacent homes. Furthermore, the NS -L, Neighborhood Services - Limited zoning district would not offer the opportunity to develop significantly larger structures that would be out of scale with surrounding GAETC\Development Services Review\2018\Development Review\18-6380 RZN 1882 N. Starr Dr. (Hays) 373\03 Planning Commission\12-10-2018\Comments and Redlines homes. With floor area maximums of 3,000 square feet depending on the use, any business will be inherently restricted in scale and intensity. Land Use Plan Analysis: The Future Land Use Map designates the property as a Residential Neighborhood Area. These areas are primarily residential, but low -intensity, non-residential uses can be appropriate. The subject property is adjacent to Starr Drive, a 2 -lane Minor Arterial. Rezoning the property to NS -L is consistent with land use planning objective and zoning plans as it limits non-residential uses to a maximum size of 3,000 square feet, thereby providing an appropriate scale and location to offer goods and services to the adjacent community and wider area. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The rezoning to NS -L is justified for the zoning map to be consistent with the existing, long-standing non-residential use on this property. If the property is not rezoned, the property owner is limited in the amount of improvements and expansion allowed on the property. While it may be appropriate to allow an existing, non -conforming use to continue in certain sensitive land use settings and zoning districts, because of the historic use of this small non- residential property, staff agrees with the applicant that a rezoning is justified at this time. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The property has been used for multiple non-residential uses for approximately 26 years and it does not appear to have created traffic danger or congestion to any noticeable degree. Rezoning the property to NS -L will allow a greater variety of both residential and non-residential uses, some of which could generate more traffic. However, the square footage limitation required by the NS -L district will prevent the property from being developed with a large commercial structure or more than a few residential dwellings, neither of which would appreciably increase traffic and congestion. 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: Staff finds that the proposed rezoning would not create undesirable impacts to public services. This finding is based on review of infrastructure, existing land uses, and the development potential of the property. The property has been used historically for non-residential uses. Increased load on public services were taken into consideration and recommendations from the Engineering, Police, and Fire Department are included in this report. 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: GAETC\Development Services Review\2018\Development Review\18-6380 RZN 1882 N. Starr Dr. (Hays) 373\03 Planning Commission\12-10-2018\Comments and Redlines 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: Not applicable. Staff recommends in favor of the requested zoning. RECOMMENDATION: Planning staff recommends forwarding RZN 18-6380 to the City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES Date: December 10, 2018 Motion: Niederman Second: Johnson Vote: 5-3-0 O Tabled O Forwarded (Note: Motion to deny passed Commissioners Niederman Johnson & Hoffman voted `no' BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code sections 161.07 and 161.18 • Fire Department memo • Request letter • One Mile Map ■ Close -Up Map • Current Land Use Map • Future Land Use Map X Denied GAETC\Development Services Review\2018\Development Review\18-6380 RZN 1882 N. Starr Dr. (Hays) 373\03 Planning Commission\12-10-2018\Comments and Redlines Fayetteville Unified Development Cade 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. 1 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 U Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 I Two-family dwellings Single-family Two (2) family dwellings dwellings Lot midnimum 70 feet 80 feet wih 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 60 feet 70 feet District Lot minimum width Hillside j Overlay 8,000 square 12,000 square District Lot feet feet area minimum Land area per ' 8,000 square 1 6,000 square dwelling unit feet feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet Unit Limited business (F) Building Height Regulations. 12a Unit 24 Home occupations j Building Height Maximum 3 stories Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (C) Density. Single-family Two (2) family dwellings dwellings Units per acre 4 orless 7 or less (D) Bulk and Area Regulations. (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. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) G1ETC\Development Services Review\2018\Development Review\18-6380 RZN 1882 N. Starr Dr. (Hays) 373\03 Planning Commission\12-10-2018\Comments and Redlines 161.18 - NS -L, Neighborhood Services - Limited (A) Purpose. The NS -L Neighborhood Services - Limited district is designed to serve as a mixed use area of low intensity. Neighborhood Services 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 I 2 Limited Business —� Unit 2t 4 Home occupations Unit 41 Accessory dwelling units Unit 44 Cluster housing development 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 Public protection and utility facilities 1 1 Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 Eating places J Unit 15 Neighborhood shopping goods Unit 19 Commercial recreation, small sites Unit 25 ------------ Offices, studios and related services j Unit 26 Multi -family dwellings 'Unit 3t 6 Wireless communication facilities* Unit 40 i Sidewalk cafes I Unit 45 1 Small scale production (C) Density. ....... _...-...-... _..- Units per acre Ten (10) or less (D) Bulk and Area. (1) Lot Width Minimum. Single-family 35 feet Two (2)family 135 feet Three or more 35 feet All other uses None Lot Area Minimum. Single-family 14,000 square feet Two (2) family or 3,000 square feet of lot area more per dwelling unit All other permitted and None conditional uses .(E) Setback Regulations. A build -to zone that is located between Front: 10 and 25 feet from the front property line. Side 5 feet Rear 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of the lot. (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. 5735, 1-20-15; Ord. No. 5800 , § 1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1- 16; Ord. No. 5945 , §§ 5, 6, 8, 1-17-17; Ord. No. 6015 , §1(Ex GAETC\Development Services Review\2018\Development Review\18-6380 RZN 1882 N. Starr Dr. (Hays) 373\03 Planning Commission\12-10-2018\Comments and Redlines CITY OF • Fay ARKANSAS TO: Andrew Garner, Planner CC: Battalion Chief Brian Sloat, Fire Marshal FROM: Rodney Colson, Fire Protection Engineer DATE: December 3, 2018 SUBJECT: RZN 18-6380: Rezone (1882 N. Starr Dr./Hays, 373) The Fire Department has no comments regarding the rezoning request. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. The site will be protected by Ladder 5, located at 2979 N. Crossover Road. The property is located approximately 1.4 miles from the fire station with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time would be approximately 6.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. FAYETTEVILLE FIRE MARSHAL'S OFFICE Planning commission 833 N. Crossover Road www.fayetteviR@cQW..W)1.a• 2018 Fayetteville, AR 72701 2701 Agenda Item 15 18-6380 Hays Page 7 of 12 J -- tai -77-17 d� CZ %/WJ.B. HAYS, D.D.S. ORAL SURGERY= 2411 FAYETTEVILLE RD. STE C I�JJ VAN BUREN, AR 72956 479.262.6811 • FAX: 479.262.6884 74� env y � Ip/ _ A Planning Commission DIPLOMATE AMERICAN BOARD OF ORAL & MAXILLOFACIAL SURGERY December 10, 2016 Agenda Item 15 16-6380 Hays Page 8 of 12 Agenda Item 15 18-6380 Hays Page 9 of 12 Agenda Item 15 18-6380 Hays Page 10 of 12 i s Sion 2018 Agenda Item 15 18-6380 Hays Page 11 of 12 RZN 18-6380 Future Land Use JB HAYS NORTH °x HUNTER RC ` r I 1 � �k I; w 9�w H U Q 0 2 LJ I '" wLU ¢ Subject Property a p man 0 o o LL n 17'� a� Q n _ ARAPAHO DR NAVP,)) G �.. ------------------„ ------------- Legend FUTURE LAND USE 2030 Natural Area Planning Area Feet Residential Neighborhood Area �- - - Fayetteville City Limits city Neighborhood Area 0 145 290 580 870 1,160 Civic and Private Open Space/Parks Trail (Proposed) Civic Institutional 1 inch = 400 feet Building Footprint Planning Ccnmission 10, 2018 Agenda Item 15 18-6380 Hays Page 12 of 12 DATE: Feb. 4, 2019 TO: Mayor Lioneld Jordan and Fayetteville City Council FROM: Crystal Cove Subdivision Property Owners ASSOCIATION RE: 2018-0770 APPEAL RZN 18-6380 (1882 STAR RD/JB HAYES) My name is Peter Main. My address is 1839 North Candleshoe Drive in Fayetteville. I'm here to ask you to uphold the Planning Commission's Dec. 10 decision to deny rezoning of the property at 1882 Starr Road. I represent the Board of Directors of the Crystal Cove Subdivision Property Owners Association. Our POA includes the 18 homes on Candleshoe Drive east of the property in this rezoning request. I'm Secretary/Treasurer of the POA. What's missing from the record in this appeal is that just over two years ago, it was the applicant himself who asked the Planning Commission to rezone this 1.2 -acre parcel to its current RSF-4. It was part of a larger 20.5 -acre parcel in that request. He requested RSF-4 with the known, long-standing, non-residential use of the 1.2 -acre parcel. He specifically said at the time that the request for RSF-4 was in order to be compatible with the properties to the north, east and west. The Planning Commission approved the request in October 2016. Now the applicant wants the Planning Commission —and the City Council —to change that zoning to Neighborhood Services -Limited. However, the parcel will be surrounded north, south, east and west with RSF-4 residential housing. Under RSF-4, the parcel already has the maximum 3,000 -square -foot structure size that is touted as limiting the potential impact of the proposed rezoning. Under RSF-4, the parcel already has conditional use available for limited business. The fundamental difference is that the proposed Neighborhood Services -Limited zoning allows much more than the long-standing uses of this property. It allows eating places, sidewalk cafes, commercial recreation, small-scale production and many other uses. A change to NS -L significantly expands the potential for development in the middle of the surrounding RSF-4. It is reasonable for neighbors to be concerned about what future — and unknown — uses will be allowed under NS -L. The parcel does not front on Mission, like other area businesses. It fronts on Starr Road, where there are no other businesses. The RSF-4 zoning -- approved by this Commission just two years ago at the request of this applicant — remains appropriate and consistent with the surrounding neighborhood. Please uphold the Planning Commission's Dec. 10 decision to deny the rezoning application. Thank you. TO: Mayor Jordan and Fayetteville City Council Members FROM: Larry Long, President, Starr Drive Association RE: Unfinished Business for the Feb. 5 Council meeting. Appeal of Planning Commission denial of a rezoning request for 1.2 acres along Starr Drive. DATE: Feb. 1, 2019 I'm submitting this written response in support of the Planning Commission's denial of a zoning request. We feel, as did the Planning Commission, that rezoning 1.2 acres along Starr Drive from RSF-4 to NS -L is not in the best interest of the City and, especially, the neighbors in the area. Fayetteville's Chapter 155.02 states that "All appeals" would include "setting out reasons the applicant contends the decision was in error." The applicant's only stated reason in the 5 -sentence appeal was that: "This property should have come into the city as an R -O zoning at the time of annexation." It should be noted that the applicant did not feel strongly enough about his rezoning request to be present at or have a representative at the Dec. 10, 2018 Planning Commission meeting. Here are reasons why those of us who live in the area agree with the Planning Commission's decision to deny the rezoning request. • City planners made a wise and forward -thinking decision when the City annexed this property into the City as RSF-4. Clearly, they had a vision that new housing and complementary developments would follow, including Gaddy Acres, Madison, Barrington, Candleshoe, Starr Lake, plus a church and a school. Of course, the property is adjacent to the large Sequoyah Woods housing development. • City planners probably envisioned that an evolving commercial zone just blocks away would expand to become what it is today --over 80 commercial establishments --and that a commercial island along Starr Drive would be redundant and unnecessary. • Our concern is not the continued Conditional Use of the property, because we know the that any future businesses will be low volume and fit within the character of the neighborhood. • Our concern is that an NS -L zoning opens the door for the current owner or all future owners to develop the property in ways that we consider inconsistent with the character of the neighborhood. For example, a mini -mall with as many stores as they can get on the property (6 is not an unreasonable number) is included within the NS -L zoning. • Multiple stores of up to 3000 sf can be built within a property zoned NS -L. These are big stores, about double the size of the average 3 -bedroom house. • Should commercial establishments be built, it is likely the value of area RSF-4 properties will suffer, especially those properties closest to the commercial property. • As it sits today, the topography of the property does not appear to be inviting to multiple commercial establishments, but examples are plentiful throughout Fayetteville of similar properties that were excavated, then retrofitted with retaining walls and water flow elements to enable significant development. Safety is a serious concern in the area of the property in that any entrance to a commercial area would be along a two -block stretch that would be considered dangerous by any standard. There is a precipitous blind drop for cars approaching from the south on Starr Drive and another blind drop from the north. Drivers either entering/exiting Starr Drive or cresting the hill may not see one another with enough time to take appropriate action. Traffic along Starr Drive will continue to increase as new housing developments pop up along Starr Drive and Wyman Road. Already, services and events at St. Joseph's Church and the many activities at the St. Joseph's School result in traffic regularly backing up from the stop light at Mission Boulevard to the proposed property. St. Joseph's has plans for a much larger church in the future. Should the property ever be developed with commercial enterprises, customers may have difficulty entering or exiting the property. And finally, some historical perspective may be helpful. For many years, Dr. Ernie Stanberry lived on about 30 beautiful, wooded acres along Starr Drive, all of which was in the county. Dr. Stanberry, formerly a member of the Starr Drive Association, operated a small dental clinic on the property of the appeal. Perhaps this is a bit of a stretch to justify rezoning this property to NS -L because Dr. Stanberry built a small dental clinic decades ago on his 30 -acre county estate. Today that property is in the middle of RSF-4 housing, within the City of Fayetteville, and within blocks of a plethora of businesses. Thank you for your hard work and dedication to our amazing city. If you have any questions, I am at your service. Larry Long 1577 Starr Drive Fayetteville, Arkansas 72701 larryou67@gmail.com 479-530-2065 RECEIVED MAR 0 h 2019 NnuTu�x�cT Auxau�a.� AFFIDAVIT OF PUBLICATION I Cathy Staggs, do solemnly swear that I am the Accounting Manager 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 £ CITY OF FAYETTEVILLE Ord. 6146 Was inserted in the Regular Edition on: February 21, 2019 Publication Charges: $ 67.60 aw&, Cathy Staggs Subscribed and sworn to before me This day of, 2019. C�� (J(-) Notary Public My Commission Expires: G ,Tlt WILES Af•kallsas • isantan �•,�Imll 117t'ry Putilin - 0aim1;