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HomeMy WebLinkAboutORDINANCE 6160113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6160 File Number: 2019-0126 RZN 18-6523 (504 W. PRAIRIE ST./PETERS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18- 6523 FOR APPROXIMATELY .99 ACRES LOCATED AT 504 WEST PRAIRIE STREET FROM I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO DG, DOWNTOWN GENERAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from I-1, Heavy Commercial & Light Industrial to DG, Downtown General. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 3/19/2019 Attest: ti�n� iii• Sondra E..+ u lr,' #y7�l itYJ asurer tq ����� �irrririr+� ►►►�� Page 1 Printed on 3120119 EXHIBIT "Bo 18-6523 North 2 parcels to RI -W: A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS SOUTH 110.00' FROM THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N90°00'00"E 150.20' TO THE WEST RAILROAD RIGHT-OF-WAY, THENCE ALONG SAID RIGHT-OF-WAY S16°55'00"E 212.70', THENCE LEAVING SAID RIGHT-OF-WAY N90°00'00"W 212.10' TO THE WEST LINE OF SAID FORTY ACRE TRACT, THENCE N00°00'04"E 203.50' TO THE POINT OF BEGINNING, CONTAINING 0.85 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. South 2 parcels (to DG): A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS SOUTH 313.50' AND S90°00'00"E 146.00' FROM THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N90°00100"E 66.1070 THE WEST RAILROAD RIGHT-OF-WAY, THENCE ALONG SAID RIGHT-OF-WAY S16°55'00"E 140.06', THENCE N90°00'00"W 106.85', THENCE N00°00'00"W 134.00' TO THE POINT OF BEGINNING, CONTAINING 0.27 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN WEST PRAIRIE STREET RIGHT- OF-WAY ON THE SOUTH SIDE OF HEREIN DESCRIBED TRACT AND SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS-OF-WAY OF RECORD. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 R Text File File Number: 2019-0126 Agenda Date: 3/19/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 4 RZN 18-6523 (504 W. PRAIRIE ST./PETERS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18-6523 FOR APPROXIMATELY .99 ACRES LOCATED AT 504 WEST PRAIRIE STREET FROM I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO DG, DOWNTOWN GENERAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from I-1, Heavy Commercial & Light Industrial to DG, Downtown General. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 312012019 Garner Stoll City of Fayetteville Staff Review Form 2019-0126 Legistar File ID 3/5/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/15/2019 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN 18-6523: Rezone (504 W. PRAIRIE ST./PETERS, 523): Submitted by MIKE BAUMANN for properties located at 504 W. PRAIRIE ST. The properties are zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contain approximately 0.99 acres. The request is to rezone the property to RI -U, RESIDENTIAL INTERMEDIATE -URBAN, and DG, DOWNTOWN GENERAL. 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 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 5, 2019 TO: Mayor, Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner DATE: February 15, 2019 CITY COUNCIL MEMO SUBJECT: RZN 18-6523: Rezone (504 W. PRAIRIE ST./PETERS, 523): Submitted by MIKE BAUMANN for properties located at 504W. PRAIRIE ST. The properties are zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contain approximately 0.99 acres. The request is to rezone the property to RI -U, RESIDENTIAL INTERMEDIATE -URBAN, and DG, DOWNTOWN GENERAL. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the subject property to RI -U, Residential Intermediate -Urban, and DG, Downtown General, as shown in the attached Exhibits `A' and 'B'. BACKGROUND: The subject property is north of Prairie Street's intersection with Gregg Avenue, with the Frisco Trail bordering its eastern boundary. Although part of Fayetteville since 1870, this property was not a party of the Downtown Master Plan and retains a 1-1, Heavy Commercial and Light Industrial, zoning designation. Development on the property is limited to one single-family dwelling which was constructed in 1904. Along the western edge of the property, the Tanglewood Branch flows southward, with the stream and its riparian corridor subject to the requirements of the Streamside Protection Zones ordinance. However, the property does not contain any designated floodplain. Request: The request is to rezone the four parcels of the subject property from 1-1 to RI -U, Residential Intermediate -Urban, and DG, Downtown General. The two parcels with frontage along Prairie are proposed as DG, totaling 0.27 acres, while the remaining two are proposed as RI -U, totaling 0.85 acres (see attached map exhibit). The applicant has stated in their request letter that this rezoning is necessary to facilitate compatible development using existing infrastructure. Land Use Compatibility: Staff finds the requested zoning districts to be compatible with adjacent land uses. Although the majority of adjacent land uses are single-family, the larger area includes a diversity of activities, densities, and building types that will be permitted by the DG and RI -U zoning districts with their flexibility of lot size and allowance for attached housing. Additionally, Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 with the exception of the westernmost properties on Prairie Street, every lot is zoned to permit a mixture of residential and nonresidential uses. Land Use Plan Analysis: The proposed zoning is compatible with City Plan 2030, the Future Land Use Map (FLUM) and the City Neighborhood designation of the subject property. Both the RI -U and DG zoning districts, with their associated build -to -zones, facilitate walkable streets and development in a traditional town form that allows a range of detached and attached housing types and nonresidential uses. With existing streets, water, and sewer available, development of the subject property will utilize City infrastructure and services without the need for significant new facilities or extensions, and the greater density of the proposed rezoning will allow more residents to use those facilities. The applicant has requested the zoning change to allow for development of the property that is compatible with adjacent land uses. Staff agrees with this assertion and contends that the existing industrial zoning district is a legacy of this area's history of warehousing and processing facilities near the railway. With Fayetteville's growth and evolution over the subsequent decades, this portion of the City has largely shifted towards housing, services, and retail on lots with smaller footprints. The 1-1 zoning and its associated setbacks is not conducive to the dense and diverse development anticipated in the Downtown area. DISCUSSION: On January 28, 2019, the Planning Commission tabled the item at the applicant's request so that the applicant could consider a more nuanced proposal than the original application for RI -U for all four parcels. At that meeting, several members of the public spoke in opposition to the request, citing varying concerns, including that the property should only be developed as single-family, that it will not adequately address the adjacent Razorback Greenway, and that it may affect development potential for the remaining property zoned 1-1 to the north. On February 11, 2019, the Planning Commission forwarded a revised request for the two parcels on Prairie Street to be zoned DG and the remainder of the property to be zoned Rl-U. No public comment was made. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B Planning Commission Staff Report RZN18-6523 PETERS EXHIBIT 'A' Close Up View 18-6523 RSF-4 RSF-7 101 F •411 UNIVERSITY AVE LU Q 0 O LU c� W a z LU z W W > O O Subject Property SOUTH Legend -' Planning Area L - - Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) _. Design Overlay District Building Footprint PRAIRIE ST —•---__ I W a c� 0 W C9 Feet 0 35 70 140 210 280 1 inch = 100 feet !INC NORTH Zo,linct Acres RI -LJ 0.85 DG 0.27 Total 1.12 EXHIBIT 'B' 18-6523 North 2 parcels (to RI -U); APART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS SOUTH 110.00' FROM THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N90°00'00"E 150.20' TO THE WEST RAILROAD RIGHT-OF-WAY, THENCE ALONG SAID RIGHT-OF-WAY S16°55'00"E 212.70', THENCE LEAVING SAID RIGHT-OF-WAY N90°00'00"W 212.10' TO THE WEST LINE OF SAID FORTY ACRE TRACT, THENCE N00°00'04"E 203.50' TO THE POINT OF BEGINNING, CONTAINING 0.85 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. South 2 parcels to DG): A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS SOUTH 313.50' AND S90°00'00"E 146.00' FROM THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N90°00'00"E 66.10'TO THE WEST RAILROAD RIGHT-OF-WAY, THENCE ALONG SAID RIGHT-OF-WAY S16°55'00"E 140.06', THENCE N90°00'00"W 106.85', THENCE N00°00'00"W 134.00' TO THE POINT OF BEGINNING, CONTAINING 0.27 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN WEST PRAIRIE STREET RIGHT- OF-WAY ON THE SOUTH SIDE OF HEREIN DESCRIBED TRACT AND SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS-OF-WAY OF RECORD. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO f M: ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner MEETING DATE: February 11, 2019 (Updated with Planning Commission Results) SUBJECT: RZN 18-6523: Rezone (504 W. PRAIRIE STREETIPETERS, 523): Submitted by MIKE BAUMANN for properties located at 504 W. PRAIRIE ST. The properties are zoned 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contain approximately 0.99 acres. The request is to rezone the property to RI -U, RESIDENTIAL INTERMEDIATE, URBAN, and DG, DOWNTOWN GENERAL. RECOMMENDATION: Staff recommends forwarding RZN 18-6523 to City Council with a recommendation of approval based on the findings contained in this report. RECOMMENDED MOTION: "I move to forward RZN 18-6523 to City Council with a recommendation for approval." JANUARY 28, 2019 PLANNING COMMISSION MEETING: At the January 291h, 2019 Planning Commission meeting the Planning Commission recommended the applicant consider alternative zoning options, including that either the entirety of the property by proposed as DG, Downtown General, or only the two parcels adjacent to Prairie Street be proposed as DG. The applicant has revised their request to the latter option and staff is recommending in favor. BACKGROUND: The subject property is north of Prairie Street's intersection with Gregg Avenue, with the Frisco Trail bordering its eastern boundary. Although part of Fayetteville since 1870, this property was not a party of the Downtown Master Plan and retains a 1-1, Heavy Commercial and Light Industrial, zoning designation. Development on the property is limited to one single-family dwelling which was constructed in 1904. Along the western edge of the property, the Tanglewood Branch flows southward, with the stream and its riparian corridor subject to the requirements of the Streamside Protection Zones ordinance. However, the property does not contain any designated floodplain. Surrounding land use and zoning is provided on Table 1. Planning Commission February 11, 2019 Agenda Item 3 18-6523 Peters Page 1 of 20 Table 1 Surroundinq Land Use and Zoning Direction Land Use Zoning North Undeveloped 1-1, Heavy Commercial and Light Industrial South Single-family Residential; Warehouse R -O, Residential Office DG, Downtown General East Single-family Residential P-1, Institutional West Single-family Residential 1-1, Heavy Commercial and Light Industrial; R -C. Residential Office Request: The request is to rezone the four parcels of the subject property from 1-1 to RI -U and DG, Downtown General. The two parcels with frontage along Prairie are proposed as DG, totaling 0.27 acres, while the remaining two are proposed as RI -U, totaling 0.85 acres (see attached map exhibits). The applicant has stated in their request letter that this rezoning is necessary to facilitate compatible development using existing infrastructure. Public Comment: Staff has received public comment in opposition to the request, citing concerns that this property will be developed similar to the lots east of the adjacent trail, with fencing all along the Razorback Greenway. Other public comment (attached) includes concerns about the appropriateness of attached residential at this location, and that a zoning district that permits lower density and single-family uses is preferable. INFRASTRUCTURE: Streets: The overall subject property has access to West Prairie Street, which is an improved street of approximately 31 feet in width. Improvements to Prairie have been made over the past years by neighboring development, but the subject property's frontage on Prairie remains mostly undeveloped with sidewalk at pavement elevation along the northern side, no curb and gutter, and no storm drainage. Any street improvements required in this area will be determined at the time of development proposal. Water: Public water is available to the site. An 8 -inch water main runs along the north side of Prairie Street. Sewer: Public water is available to the site. An 8 -inch water main runs along the south side of Prairie Street. Drainage: Any additional improvements or requirements for drainage would be determined at the time of development. No portion of the subject property lies within the FEMA designated 100 -year floodplain, and no portion of the property is designated as Hillside -Hilltop Overlay District (HHOD). As noted above, the Tanglewood Branch flows along the western boundary of the subject property. Any development on site would need to be done in accordance with City Streamside Protection Zone requirements, including limitations on imperviousness and land uses. Hydric soils are present on this site and a wetland evaluation may be required at the time of development proposal to ensure compliance with state and federal guidelines. Fire: The Fire Department did not express any concerns with this request. The site will be protected by Ladder 1, located at 303 West Center Street, with an anticipated GAETC\Development Services Review\2018\Development Review\18-6523 RZN 504 W. Prairie St. (Peters) 523\03 Planning Commission\02-11-2019 Planning Commission February 11, 2019 Agenda Item 3 18-6523 Peters Page 2 of 20 response time of approximately 4.2 minutes. This is well under the response time goal of six minutes for an engine and eight minutes for a ladder truck. Police: The Police Department did not express any concerns with this request CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the subject property for the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types. FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility. Staff finds the requested zoning districts to be compatible with adjacent land uses. Although the majority of adjacent land uses are single-family, the larger area includes a diversity of activities, densities, and building types that will be permitted by the DG and RI -U zoning districts with their flexibility of lot size and allowance for attached housing. Additionally, with the exception of the westernmost properties on Prairie Street, every lot is zoned to permit a mixture of residential and nonresidential uses. Land Use Plan Analysis: The proposed zoning is compatible with City Plan 2030, the Future Land Use Map (FLUM) and the City Neighborhood designation of the subject property. Both the RI -U and DG zoning districts, with their associated build -to -zones, facilitate walkable streets and development in a traditional town form that allows a range of detached and attached housing types and nonresidential uses. With existing streets, water, and sewer available, development of the subject property will utilize City infrastructure and services without the need for significant new facilities or extensions, and the greater density of the proposed rezoning will allow more residents to use those facilities. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant has requested the zoning change to allow for development of the property that is compatible with adjacent land uses. Staff agrees with this assertion and contends that the existing industrial zoning district is a legacy of this area's history of warehousing and processing facilities near the railway. With Fayetteville's growth and evolution over the subsequent decades, this portion of the City has largely shifted towards housing, services, and retail on lots with smaller footprints. The 1-1 zoning and its associated setbacks is not conducive to the dense and diverse development anticipated in the Downtown area. A determination as to whether the proposed zoning would create or appreciably increase GAETC\Development Services Review\2018\Development Review\18-6523 RZN 504 W. Prairie St. (Peters) 523\03 Planning Commission\02-11-2019 Planning Commission February 11, 2019 Agenda Item 3 18-6523 Peters Page 3 of 20 traffic danger and congestion. Finding: This proposal is not expected to increase traffic danger or congestion to a significant degree over the existing zoning. Future development will be subject to City street design and access management standards. The size of the property and the on-site Streamside Protection Zone requirements associated with the Tanglewood Branch limit the scale and scope of any development to a degree that limits congestion potential. 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: Despite a lack of density limitations under the RW or DG zoning districts, the size of the property, its narrow street frontage, and the limitations on development imposed by the Streamside Protection Zone will restrict density on the site to a degree that staff contends will not adversely impact school, water, sewer, or service capacities. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN 18-6523 to the City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES Date: Febl'Uary 11 2019 O Tabled ® Forwarded Motion: Brown Second: Johnson JVote: .3 -a -a O Denied GAETC\Development Services Review\2018\Development Review\18-6523 RZN 504 W. Prairie St. (Peters) 523\03 Planning Commission\02-11-2019 Planning Commission February 11, 2019 Agenda Item 3 18-6523 Peters Page 4 of 20 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.12 — District RI -U, Residential Intermediate — Urban o §161. 28- DG, Downtown General C, §161.30— 1-1, Heavy Commercial and Light Industrial • Request letter • Public Comment • One Mile Map • Close-up Map • Current Land Use Map Future Land Use Map GAETC\Development Services Review\2018\Development Review\18-6523 RZN 504 W. Prairie St. (Peters) 523\03 Planning Commission\02-11-2019 Planning Commission February 11, 2019 Agenda Item 3 18-6523 Peters Page 5 of 20 161.12 - District RI -U, Residential Intermediate - Urban (A) Purpose. The RI -U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single- family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. r Unit 1 City-wide uses by right Unit 8 Single-family dwellings Two (2) family dwellings Unit 9 Unit 10 Three (3) and four (4) family dwellings Unit 41 Accessory dwellings Unit 44 Cluster housing development (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 I Public protection and utility facilities Unit 4 Cultural and recreational facilities l Unit 5 Government facilities Unit 12a T Limited business Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 1 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling III (all types) Lot width minimum 18 feet Lot area minimum None G:\ETC\Development Services Review\2018\Development Review\18-6523 RZN 504 W. Prairie St. (Peters) 523\03 Planning Commission\02-11-2019 Planning Commission February 11, 2019 Agenda Item 3 18-6523 Peters Page 6 of 20 (E) Setback Requirements Side Side Single & Rear Rear, from Front Other Two (2) Other centerline of Uses Family Uses an alley i A build -to zone that is located between the front property, line and None 5 feet : 5 feet 12 feet a line 25 feet from the front property line. _ � f (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. (H) Minimum Buildable Street Frontage. 50% of the lot width. GAETC\Development Services Review\2018\Development Review\18-6523 RZN 504 W. Prairie St. (Peters) 523\03 Planning Commission\02-11-2019 Planning Commission February 11, 2019 Agenda Item 3 18-6523 Peters Page 7 of 20 161.28 - Downtown General (A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street/Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. (B) Uses. City-wide uses by conditional use permit Permitted Uses. �(13 Unit 1 City-wide uses by right 4 i Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places .LL--L--J 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 permit Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production 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 permit Unit 3 Public protection and utility facilities — --. __ .— ..—....... _... ... _......... F_ Unit 14 Hotel, motel and amusement services J Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 40 Sidewalk Cafes (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling (all unit types) 18 feet G:\ETC\Development Services Review\2018\Development Review\18-6523 RZN 504 W. Prairie St. (Peters) 523\03 Planning Commission\02-11-2019 Planning Commission February 11, 2019 Agenda Item 3 18-6523 Peters Page 8 of 20 (2) Lot Area Minimum. None. (Ey Setback Regulations j A build-to zone that is located Front between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from I ' center line of 12 feet an alley (F) Minimum Buildable Street Frontage. 50% of lot width. t G) Building Height Regulations. Building Height Maximum 5 stories GAETC\Development Services Review\2018\Development Review\18-6523 RZN 504 W. Prairie St. (Peters) 523\03 Planning Commission\02-11-2019 Planning Commission February 11, 2019 Agenda Item 3 18-6523 Peters Page 9 of 20 161.30 - District 1-1, Heavy Commercial And Light Industrial (A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light industrial uses which are compatible with one another but are inappropriate in other commercial or industrial districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to provide a degree of compatibility between uses permitted in this district and those in nearby residential districts. (B) Uses. (1) Permitted Uses. Unit City-wide uses by right 1 Unit Public protection and utility facilities 3 I Unit Cultural and recreational facilities 4 Unit Government Facilities 5 Unit Agriculture 6 Unit Eating places 13 Unit Shopping goods 16 Unit Transportation trades and services 17 Unit Gasoline service stations and drive-in/drive 18 through restaurants Unit Warehousing and wholesale 21 Unit Manufacturing 22 Unit j 25 Offices, studios and related services { Unit Wholesale bulk petroleum storage facilities 27 with underground storage tanks Unit Clean technologies 42 G:\ETC\Development Services Review\2018\Development Review\18-6523 RZN 504 W. Prairie St. (Peters) 523\03 Planning Commission\02-11-2019 Planning Commission February 11, 2019 Agenda Item 3 16-6523 Peters Page 10 of 20 (2) Conditional Uses. Unit 271 City-wide uses by conditional use permit Unit 19 Commercial recreation, small sites `I Unit 20 Commercial recreation, large sites __.___............ Unit 28 Center for collecting recyclable materials Unit 36 Wireless communications facilities Unit 38 Mini -storage units Unit 43 Animal boarding and training (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front, when adjoining A or R districts 50 feet Front, when adjoining C, I, or P districts 125 feet Side, when adjoining A or R districts 50 feet Side, when adjoining C, I, or P districts 10 feet Rear 25 feet ! i (F) Height Regulations. There shall be no maximum height limits in 1-1 District, provided, however, that if a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. None. GAETC\Development Services Review\2018\Development Review\18-6523 RZN 504 W. Prairie St. (Peters) 523\03 Planning Com miss ion\02-11-2019 Planning Commission February 11, 2019 Agenda Item 3 16-6523 Peters Page 11 of 20 Baumann & Crosno Construction 124 West Sunbridge Suite 8 Fayetteville, AR 72703 Rezoning Applications for Parcels: 765-12941-000 765-12940-000 765-12937-000 765-12936-000 To Whom it May Concern: The purpose of this correspondence is to formally request rezoning the parcels noted above from 1-1 to RIU and DG. The current zoning, 1-1 or light industrial to heavy commercial, is not congruent to the adjacent parcels. The surrounding parcels are zoned Downtown Glenerzl or Residential Single or Multifamily. None of the adjacent or surrounding parcels are use as heavy industrial or light commercial, but are in fact .residential housing, offices, and small businesses. Rezoning the parcel to DG and RIU would allow for the creation of similar residences and or businesses in keeping with the surrounding zoning districts and neither DG nor RIU will adversely affect the surrounding areas. 1-1 could allow for the creation of a commercial or manufacturing Facility, which wouId be out of place given the surrounding housing stock and local businesses. Furthermore, DG and RIU will mirror and cgmpliment the surrounding zoning districts while. allowing for the develop 171ent of the area without extending the City's infrastructure. Respectfully, J Mike Baumann Planning Commission February 11, 2019 Agenda Item 3 18-6523 Peters Page 12 of 20 RZN 18-6523 Public Comment Regarding: the request for re -zoning RZN 18-6523 at 504 W. Prairie St. In this request the applicant is asking for the rezoning from heavy commercial/light industrial to multi -family residential (RI -U)(12?). While I and other neighbors of the area appreciate the petition for a change of the zoning on these parcels, we do have some concerns for the specific request. Moving from commercial/industrial is certainly warranted. The location of these parcels will impact the area in several and serious ways. These land parcels sit on the southwest corner of the new Cultural Arts Corridor. They sit on the Frisco Trail section of the Razorback Greenway. They border the Tanglewood Branch. And they are also in close proximity with the Fay Jones Woodland that is scheduled to become a more publically accessible, urban nature preserve. We feel that single family units there could be a nice addition to the beauty of the trail and the creek. But we also worry that a zoning which permits multi -family units would detract from the feeling of the corridor, the ambience of the trail, the environment of the nearby park and health of the creek. It should also be noted that the limits of these lots with the set -backs that protect both the creek and the trail would hardly allow for multi -family buildings not to mention adequate parking. Therefore, for multiple reasons, we hereby ask the commission, while considering this request, that the types of housing be limited to low, single family units. This should be, at most, a zoning of RSF-4. Respectfully, Jan. 23, 2019 Ed Levi 301 S. West Ave, Fayetteville, 72701 Planning Commission February 11, 2019 Agenda Item 3 18-6523 Peters Page 13 of 20 From: ChuL Pearson To: CUaJ Jonathan Subject: Rezoning request Prairie St., Peters property Date: Thursday, January 24, 2019 10:08:27 AM Mr. Curth, I wish to voice my opposition to the rezoning request for the Peters Prairie St. property submitted by Baumann& Crosno Construction. My objections to this action are as follows: The existing I-1 zoning is entirely appropriate to the area, indeed the majority of small businesses in the area fit well into this zoning. As elegantly stated by the city ordinances, "The Light Industrial District is designed to group together a wide range of industrial uses, which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to ravide a degree of compatibility between uses permitted in this district and those in nearby residential districts. " There does not appear to be any shortage of residential property available in the area, but I-1 is extraordinarily scarce. It is my opinion that this valuable property should be preserved for it's unique usage possibilities, rather than allowing the area to become one large monotone residential cluster. Rezoning of one of the parcels in particular will cause me great harm in that, if the parcel 765-12941-0000 is rezoned to a residential designation, it will increase the side setback to 50 feet on the adjoining I-1 property (Scanlon 765-12942-0000) I am under contract to purchase. This increased setback, coupled with the required streamside setbacks on this property, will render it unusable for any form of development as it would essentially be consumed by streamside setbacks and this increased side setback. For your information, my proposed usage for this parcel is along the lines of artists/crafts studio(s), a usage that would fit very nicely into the pastoral character of the property and its proximity to the dynamic Downtown Arts and Entertainment District. Thank you for your consideration. Charles L. Pearson Jr. Planning Commission February 11, 2019 Agenda Item 3 18-6523 Peters Page 14 of 20 1/27/19 To Whom This Concerns, Re. RZN 18-6523 It's my understanding that the lot at 504 W. Prairie St. is being considered for rezoning. I also believe that what's being proposed will permit multi -family dwellings of up to 12 units. If I understand correctly, this will require parking space to accommodate one car for every bedroom constructed. I am concerned about the potential environmental damage to Tanglewood Branch that could result from the acre of ground being covered with impermeable surfaces. This is a portion of the creek that flows from the Fay Jones Parkland, runs along the Frisco Bike Trail and is included in the Cultural Arts Corridor. I request that you please make sure that any development in this area include respect for the natural environment, assuring that this urban treasure remain unspoiled. Sincerely, Jan Townsley Planning Commission February 11, 2019 Agenda Item 3 18-6523 Peters Page 15 of 20 Hi Jonathan, Per our conversation on the Prairie Street rezoning request, I would like the following public comments to remain anonymous. I have underlined and bold the key points that I have. As a nearby/neighboring property owner, Iap rtially support the rezoning request on Prairie Street as I do believe that a residential and intermediate urban zoning is a better fit for the surrounding neighborhood than industrial zoning. I am in favor of 2-3 story houses being built along Prairie on those two .1 -acres parcels, but I do not believe this use is in the best interest of our community for the northernmost parcels on this zoning request. The city granted an access easement to the northernmost parcel TROUGH the Frisco Trail park in order to accommodate an existing home and legacy property owner. With the Cultural Arts Corridor immediately to the north, I feel it is in the community's best interest to abandon that access easement, requiring this new property owner/developer to establish his own access through his own parcels on Prairie... perhaps equally split on the lot line between the 2 Prairie Street parcels or some other way. It is not in the community's best interest to continue to Give away the park land with that access easement when the park land could otherwise be utilized to buffer the trail from development, improve. the user experience in the park, or otherwise prornote the good QI the public. I have concerns that the northernmost parcels of this rezoning request have a greatly diminished area for building due to the stream -side protections that we, thankfully (!), have in place. With all of the efforts, public and private investment to promote ecology and user-friendly experience along this creek corridor, I would prefer to see this northernmost parcel(s) dedicated to the City for enhancing the Cultural Arts Corridor rather than a future residence shoe -horned in on this flag -lot. I am sure that a developer sees dollar signs and other ways to maximize profits in the land use. . .but in this case, it would be at the expense of what is best for our community. Please explore_ abandon in that access easement to recover it for the public good. Please explore the benefit to Our community of having, that northemmost tract of land, where the house currently sits, to be incorporated into a hi-ghest and best use serving our community and the Cultural Arts Corridor. I realize condemnation and eminent domain are not popular topics, but please consider what may be in the best interest of this community. Sincerely, A concerned neighbor Planning Commission February 11, 2019 Agenda Item 3 18-6523 Peters Page 16 of 20 RZN18-6523 PETERS One Mile View 0 0.125 0.25 ,l I • .�.rr.it f; i t 1. F S I 40s P t }} I ■ f ra f�.'I� , ° Subject Property I G gL�l C_1 l E%TRACTIDN RR^JI' DpRT1AL su7GLE-sarwtr !i•I '. P•wwYnl•p�..IlRlw .COMMERCIAL PSF- 5 P.rWn�xw�Llr. 5•."c.•� fir_' .. - „q+�,�Y C•I ii[�a^'��a' i RSF.r FORM SAS F D Dm T#ICTS y_ .SF -11 l hien. rinw is RESIDENTIAL MULTI -FAMILY 'u.n •����.ILnuer l RT.n P.nJemulrr:nrrna Than" -1, lDw•nlwrn Gonnrnl RMFd RMF-tI DI.miIInIN 54— �• RMF -IB Nnghbrlrunl Sorvicrn ! Ne r rurrJ Cnnurvuliur LU PLANNED ZONING DISTRICTS MR11— - Lmm­I,du.,,I Ro Jam 1 INDUSTRIAL - wy Lorn�narurl :nrl Lglil lnaualrgl INSTITUTIONAL P,I Planning Co mission Legend Planning Area L _ _ Fayetteville City Limits I -I - — — Shared Use Paved Trail ❑ Trail (Proposed) Design Overlay District r----- -----s Planning Area Building Footprint Fayetteville City Limits 0.5 Miles. 1 NORTH ZP,Rmg E%TRACTIDN RR^JI' DpRT1AL su7GLE-sarwtr !i•I '. P•wwYnl•p�..IlRlw .COMMERCIAL PSF- 5 P.rWn�xw�Llr. PSF 1 C•I RSF.r FORM SAS F D Dm T#ICTS .SF -11 l hien. rinw RESIDENTIAL MULTI -FAMILY 'u.n •����.ILnuer l RT.n P.nJemulrr:nrrna Than" -1, lDw•nlwrn Gonnrnl RMFd RMF-tI DI.miIInIN 54— �• RMF -IB Nnghbrlrunl Sorvicrn ! Ne r rurrJ Cnnurvuliur PMFN PLANNED ZONING DISTRICTS MR11— - Lmm­I,du.,,I Ro Jam 1 INDUSTRIAL - wy Lorn�narurl :nrl Lglil lnaualrgl INSTITUTIONAL P,I Planning Co mission Yr=rr 11. 2019 Agenda Item 3 18-6523 Peters Page 17 of 20 RZN 18-6523 Close Up View RSF-4 RMV -10 RSF-7 UNIVERSITY AVE LU a C7 LU x 0 PETERS I PRAIRIE --ST----.- w > I -- z �,, X,, Ji > ILL) Legend L - -r Planning Area L - - Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) L _� Design Overlay District Building Footprint Feet 0 35 70 140 210 280 1 inch = 100 feet SOUTH MSC AL NORTH Zoning Acres Rl-U 0.85 ❑G 0.27 Total 1.12 Planning Commission 11. 2019 Agenda Item 3 18-6523 Peters Page 18 of 20 Agenda Item 3 18-6523 Peters Page 19 of 20 Agenda Item 3 18-6523 Peters Page 20 of 20 RZN 18-6523 RECEIVED MAR 0 4 2019 CITY Or f AYi Tl E VILLE CITY CLER" OFFICE I appreciate the opportunity to voice my concerns to the council. My name is Ed Levi and I live very close to the property in question. Because I walk and bike ride along the Frisco Trail section of the Razorback Greenway on nearly a daily basis I'm excited about the plans for the Woodland Park and the Tanglewood Branch. Because I am not exactly sure what the council is considering in this issue I have concerns and more questions than statements. Part of this request is for RI -U zoning which, from what I can tell, does not specify the number units per acre but only the type of units. That's 1 to 4 family units up to 3 stories high. With the help of the Planning Division I've learned that the property is listed as being .99 acres. I also learned that 0.27 acres on Prairie Street is requested to become Downtown General. That'd mean that there's actually less than 3/4 acre being requested for RI -U. When one deducts the streamside set back, it leaves a bit over 0.6 acres left for construction assuming that there's no setback on the front and the sides. (I.believe it's actually less than that given that the property spans the creek.) So, again I'm wondering how many 1 to 4 family units can be built on less than 0.6 acre. My concerns also involve the height of the units permitted under a RI -U zoning. If three story units were to be built there, across from the ones one the east side of the trail, I'm afraid it would feel like a trail going through a "building canyon". My concerns are about the possibly having more, large and tall building projects adjacent to the Greenway and next to the designated Woodland Park. Both of these are exciting jewels that enhance the city of Fayetteville. What happens on these parcels will clearly impact them one way or another. I am also seriously worried about the over -building of impermeable surfaces along Tanglewood Branch. I don't think I need to expound on that critical concern. For the beauty of the Greenway's Frisco Trail, the affects it could have on the Woodland Park and the health of Tanglewood Branch, I ask that more specific clarifications be made in conjunction to the usage of this unique piece of land. I appreciate your consideration to and clarification of these matters. Thank you. } REE1\J ED APR 0 4 2019 ayCERK��IL E l oRTHwEST ARKANSAS Democ-l-RAL, ANU C [_ry :(:!7 'u'r jL'-v11 F, µle ?2702.479.442-1-00 • FAX 479.695-1118 4"d 1J';"!Ni` �1Cu.CG:4i 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 OF FAYETTEVILLE Public Ord. 6160 Was inserted in the Regular Edition on: March 28, 2019 Publication Charges: $ 67.60 Cathy Stagg Subscribed and sworn to before me This Zq day of �(,f , 2019. & zu, Notary Public My Commission Expires: CARIV OL'cS Arkansas - B0,11ton Colmn( I,.otary ?uillic . Comair,` INT" 1 i Nly Commission Ex,)irc2 i -M) 20, 202" **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6160 File Number: 2019-0126 RZN 18-6523 (504 W, PRAIRIE ST./PETERS): AN ORDINANCE TO REZONE- THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18-6523 FOR APPROXIMATELY .99 ACRES LOCATED AT 504 WEST PRAIRIE STREET FROM 1-I, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO DG, DOWNTOWN GENERAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: 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 1-1, Heavy Commercial & Light Industrial to DG, Downtown General. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 3/19/2019 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74887452 Mar. 28, 2019