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HomeMy WebLinkAboutORDINANCE 6210OF FAYETTF ti L v � 4RKAN5�, 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6210 File Number: 2019-0379 RZN 19-6666 (119 & 127 S. WEST ST./CANFIELD): Doc ID: 018758000005 Type: REL Kind: ORDINANCE Recorded: 08/23/2019 at 12:20:05 PM Fee Amt: $35.00 Paqe 1 of 5 Washinqton County, AR Kyle Sylvester Circuit Clerk File2019-00025308 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19- 6666 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 119 AND 127 SOUTH WEST AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET/CENTER SUBJECT TO THE ATTACHED BILL OF ASSURANCE 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 NC, Neighborhood Conservation to MSC, Main Street/Center subject to the attached Bill of Assurance. 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 8/6/2019 Page 1 Attest: ����n i t ir►rq� Sondra E. Smith, City Clerk Treo*eERK!T,p�,, •,c 0c1� E, qyF� �_ ''ON r 11111 o; RZN 19-6666 CA N F I E L D 19-6666 Close up view EXHIBIT 'A' j MOUNTAIN ST I I I Subject Property j MSC liil I I _ROCK j RMF -24 R -O I RSF-4 SOU RSF-7 i' NORTH Legend Zoning Acres - -� Planning Area MSC 0.4 L _ _ Fayetteville City Limits Shared Use Paved Trail Feet Trail (Proposed) 0 75 150 300 450 600 _� Design Overlay District 1 inch = 200 feet Total 0.4 Building Footprint 19-6666 EXHIBIT 'B' SURVEYDESCRIPTION #H9• S`, LV6.S7-,4V5ZNUE A PART OF BLOCK NUMBERED THIRTY-FIVE (35) OF THE ORIGINAL TOWN PLAT OF FAYETTEVILLE, ARKANSAS, BEING M ROE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK THIRTY- FIVE (35), SAID POINT BEING AN EXISTING IRON PIPE; THENCE SOUTH 251.35 FEET (DEED=252.5 FEET) ALONG THE EAST LINE OF SAID BLOCK THIRTY-FIVE (35) TO A SET '/2" IRON REBAR FOR THE TRUE POINT OF BEGINNING, SAID POINT BEING THE POSITION OF A DESTROYED IRON PIPE AS REFERENCED IN SURVEY BOOK "J" AT PAGE 772; THENCE N89°58'43"W 141.39 FEET TO AN EXISTING IRON ON THE EAST RIGHT-OF-WAY LINE OF THE ARKANSAS & MISSOURI RAILROAD; THENCE S03° 19'42"E 62.52 FEET ALONG SAID RIGHT-OF-WAY LINE TO AN EXISTING IRON; THENCE LEAVING SAID RIGHT-OF-WAY LINE S89056'28"E 138.19 FEET TO A SET 1/2" IRON REBAR ON THE EAST LINE OF SAID BLOCK THIRTY-FIVE (35); THENCE N00023'52"W 62.50 FEET TO THE POINT OF BEGINNING, CONTAINING 0.20 ACRES (8717.0 SQ.. FT.), MORE OR LESS. SUR vEYDESCRIPTION#/"z'7 S., (V& -sr ,2CvbW F A PART OF BLOCK NUMBERED THIRTY-FIVE (3 5) OF THE ORIGINAL TOWN PLAT OF FAYETTEVILLE, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK THIRTY- FIVE (35), SAID POINT BEING AN EXISTING IRON PIPE; THENCE SOUTH 251.35 FEET (DEED=252.5 FEET) ALONG THE EAST LINE OF SAID BLOCK THIRTY-FIVE (3 5) TO A SET 1/z" IRON REBAR, SAID POINT BEING THE POSITION OF A DESTROYED IRON PIPE AS REFERENCED IN SURVEY BOOK "J" AT PAGE 772; THENCE S00°23'52"E 62.50 FE ET T^ A SE:' %i' HRON REBtuc FOR Tilt, ffOUE P0hN i Or' BEGINNING; THENCE N89056'28"W 138.19 FEET TO AN EXISTING IRON ON THE EAST RIGHT-OF-WAY LINE OF THE ARKANSAS & MISSOURI RAILROAD; THENCE S03°19'42"E 62.47 FEET ALONG SAID RIGHT-OF-WAY LINE TO A SET V," IRON REBAR; THENCE LEAVING SAID RIGHT-OF-WAY LINE EAST 135.00 FEET TO AN EXISTING IRON PIPE ON THE WEST RIGHT-OF-WAY LINE OF WEST AVENUE; THENCE N00°23'52"W 62.23 FEET TO THE POINT OF BEGINNING, CONTAINING 0.19 ACRES (8468.0 SQ. FT.), MORE OR LESS. OWNER: JEAN BESCHAUD ADDRESS. 119,127 S. WEST AVENUE FAYETTEVILLE, ARKANSAS .• c�C,ISTER�,O°. STATE OF ARKANS .s lo. =IG..:I CRE O EXISTING IRON PIPE O SET 1/2" IRON REBAR ® EXISTING IRON PIN -4- C nKnPI ITF'n ('nRNFR BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") William C. Canfield hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council, 1. The use of Petitioner's property shall be limited to Only those limitations and restrictions as set forth under the new Zoning Classification - MSC 2. Other restrictions including number and type of structures upon the property are limited to Only those limitations and restrictions as set forth under the new Zoning Classification - MSC with the following exceptions: Exception #1 - Height of structures shall be limited to 3 -story maximum in the established 25' Build -to Zone as measured from the top of curb The buildable area outside of said Build -to Zone shall allow the construction of additional stories, but the height of any portion of the building cannot exceed the maximum height established by the portion of the development within that 25' Build -to Zone. Exception #2 - To Exclude Use Unit 17 - Transportation Trades and Services in its entirety 3. Specific activities will not be allowed upon petitioner's property include Only those limitations and restrictions as set forth under the new Zoning Classification - MSC 4. (Any other terms or conditions) 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in a reement with all the terms and conditions stated above, I, W I ('�A e„� I l as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. Signature NOTARY OATH STATE OF ARKANSAS } COUNTY OF WASHINGTON } And now on this the Z� day of� 2019, appeared before me, Ll V-, ItM V, r -e a Notary Public, and of er being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. Llyllz— NOTAY PUBLI OFFICIAL SEAL My Commission Expires: LYNLEY VIRE ARKANSAS NOTARY PUBLIC, WASHINGTON COUNTY 1 COMMISSION #12697350 COMMISSION EXP. 04!11%2016 F Washington County, AR I certify this instrument was filed on 08/23/2019 1210:05 PM and recorded in Real Estate File Number 2019-00025308 Kyle Sylvester - C' it Clerk by City of Fayetteville, Arkansas f Text File -- File Number: 2019-0379 Agenda Date: 8/6/2019 Version: 1 In Control: City Council Meeting Agenda Number: B. 1 RZN 19-6666 (119 & 127 S. WEST ST./CANFIELD): 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed File Type: Ordinance AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6666 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 119 AND 127 SOUTH WEST AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET/CENTER SUBJECT TO THE ATTACHED BILL OF ASSURANCE 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 NC, Neighborhood Conservation to MSC, Main Street/Center subject to the attached Bill of Assurance. 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 Paye t Printed on 8/7/2019 City of Fayetteville Staff Review Form 2019-0379 Legistar File ID 7/2/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 6/14/2019 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN 19-6666: Rezone (119 & 127 S. WEST AVE./CANFIELD, 523): Submitted by CAL CANFIELD for properties located at 119 & 127 S. WEST AVE. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 0.40 acres. The request is to rezone the properties to MSC, MAIN STREET/CENTER. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Fund Project Title 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 JULY 2, 2019 TO: Mayor, Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Andrew Garner, Planning Director FROM: Jonathan Curth, Senior Planner DATE: June 14, 2019 STAFF MEMO SUBJECT: RZN 19-6666: Rezone (119 & 127 S. WEST AVE./CANFIELD, 523): Submitted by CAL CANFIELD for properties located at 119 & 127 S. WEST AVE. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 0.40 acres. The request is to rezone the properties to MSC, MAIN STREET/CENTER. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the subject property to MSC, Main Street/Center, as shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject properties are located on the west side of West Avenue, between Mountain Street to the north and South Street to the south. Both properties are developed with single-family dwellings, built in 1886 and 1916 according to Washington County records. In 2004, the property was rezoned to NC, Neighborhood Conservation, as a part of the Downtown Master Plan. Request. The request is to rezone the subject properties at 118 and 127 West Avenue from NC, Neighborhood Conservation, to MSC, Main Street/Center. The applicant has stated in their request letter that this rezoning is necessary to expand the development options of the property, including the potential for an art gallery, office, restaurant, or bar. Although the NC zoning district does allow UU-12a, Limited Business, which includes small offices, restaurants, and retail as conditional uses, there is no allowance for bars or similar facilities. Public Comment: Staff has received public comment in support of the request from the adjacent property owner to the north. Land Use Compatibility: A rezoning to MSC will allow for residential and commercial development that is generally comparable to other housing and businesses in the vicinity. Furthermore, while the MSC zoning district allows for commercial activities of greater intensity than would generally be appropriate at this location, the size and terrain of the property can limit the scale of any new development. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 On the other hand, the Fayetteville Downtown Master Plan and its associated rezoning were deliberately enacted to preserve pockets of single-family housing that have existed for decades, and in some cases over a century. In addition to the Mount Nord area along Lafayette Street, the block of single-family homes that range southward from the subject property along West Avenue were deliberately zoned NC, Neighborhood Conservation. The Illustrative Master Plan (attached) indicated preservation of the subject property as two single-family dwellings. A rezoning to MSC comes with no density requirements, no side setbacks, and a higher building height maximum than the requirements in an NC district. Coupled with multi -family dwellings and numerous commercial uses being permitted in the DG zoning district, the requested rezoning has the potential to dramatically change the character of this portion of downtown. That said, there are numerous properties in close proximity to the subject address that are not single-family in use or appearance. Although there are several single-family homes to the north, the Razorback Greenway Trail passes to the west along the future Cultural Arts Corridor, large duplexes are being developed to the south, and to the east is the Fayetteville Public Library and its approximately 100,000 square foot expansion that is under construction. Other uses along West Avenue vary, including many residential structures that have been modified to house multiple tenants or businesses. Given the variety of surrounding land uses, staff finds the MSC zoning would be compatible. Land Use Plan Analysis: The Downtown Master Plan led to the current zoning that was approved by City Council with the support of many Downtown residents. This NC zoning seeks to preserve the existing single-family housing stock in pockets of the downtown area. The Neighborhood Conservation zoning currently applied to the subject property and those south of it are evidence of that objective. The Downtown Master Plan also identified the goal of pursuing redevelopment opportunities along West Avenue. Classified in the Plan as a "signature connection" in downtown, West Avenue is called -out as important to the area's pedestrian network with redevelopment needed to fully leverage amenities like the Frisco Trail, the library, and future Cultural Arts Corridor. The Plan goes even further by outlining an implementation strategy that involves a policy to "target properties along West Avenue for infill development." Rezoning the subject property to the proposed Main Street/Center district can support this goal by allowing for increased housing opportunities through redevelopment to a greater density or, alternatively, permitting a greater spectrum of retail and service uses that can serve the neighborhood or greater downtown. While the goals of infill redevelopment and preservation may often seem at odds, in this instance they are complementary. Just as the Neighborhood Conservation zoning district was adopted to preserve the single-family nature of particular areas, so to can the Main Street/Center zoning district preserve the character of the Fayetteville downtown. Both are designed with build -to -zones that complement the area's historic growth pattern. Development under either zoning is subject to the Downtown Design Overlay District's architectural standards. On the balance, staff finds that the proposed zoning is consistent with the overall goals and policies of the Downtown Master Plan. Finally, the City Council has recently rezoned similar properties along West Avenue to allow mixed-use and higher density. These decisions aid staff in recommending that this rezoning is consistent with the Council's vision for the Downtown Master Plan. DISCUSSION: On June 10, 2019, the Planning Commission heard the rezoning request and forwarded the proposal to City Council with a recommendation for approval by a vote of 9-0-0. In addition to recommending approval, the Commission also recommends that Council evaluate a design overlay or broader rezoning in the Cultural Arts Corridor. There was no public comment at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN 19-6666 C A N F I E L D 19-6666 Gose Up view EXHIBIT 'A' CENTS RST LU > Q U x > I I t', F-4 R\IF_l0 RN I F-24 Legend L- - Planning Area I - - j Fayetteville City Limits Shared Use Paved Trail - - Trail (Proposed) L _� Design Overlay District Building Footprint MOUNTAIN ST Feet 0 75 150 300 450 600 1 inch = 200 feet Sou Ak NORTH,; Zoning Acres MSC 0.4 Tota 1 0.4 19-6666 EXHIBIT 'B' SURVEYDESCRIPTION #!/4 S, tV6ST ,4UQPlJe A PART OF BLOCK NUMBERED THIRTY-FIVE (3 5) OF THE ORIGINAL TOWN PLAT OF FAYETTEVILLE, ARKANSAS, BEING M ROE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK THIRTY- FIVE (35), SAID POINT BEING AN EXISTING IRON PIPE; THENCE SOUTH 251.35 FEET (DEED=252.5 FEET) ALONG THE EAST LINE OF SAID BLOCK THIRTY-FIVE (35) TO A SET'/z" IRON REBAR FOR THE TRUE POINT OF BEGINNING, SAID POINT BEING THE POSITION OF A DESTROYED IRON PIPE AS REFERENCED IN SURVEY BOOK "J" AT PAGE 772; THENCE N89°58'43"W 141.39 FEET TO AN EXISTING IRON ON THE EAST RIGHT-OF-WAY LINE OF THE ARKANSAS & MISSOURI RAILROAD; THENCE S03019'42"E 62.52 FEET ALONG SAID RIGHT-OF-WAY LINE TO AN EXISTING IRON; THENCE LEAVING SAID RIGHT-OF-WAY LINE S89056'28"E 138.19 FEET TO A SET 1/2" IRON REBAR ON THE EAST LINE OF SAID BLOCK THIRTY-FIVE (35); THENCE N00023'52"W 62.50 FEET TO THE POINT OF BEGINNING, CONTAINING 0.20 ACRES (8717.0 SQ.. FT.), MORE OR LESS. SUR VEYAESCPJPTX0N#/"Z-7 S. (V69r 4VWOF A PART OF BLOCK NUMBERED THIRTY-FIVE (3 5) OF THE ORIGINAL TOWN PLAT OF'FAYETTEVILLE, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK THIRTY- FIVE (35), SAID POINT BEING AN EXISTING IRON PIPE; THENCE SOUTH 251.35 FEET (DEED=252.5 FEET) ALONG THE EAST LINE OF SAID BLOCK THIRTY-FIVE (35) TO A SET'/Z" IRON REBAR, SAID POINT BEING THE POSITION OF A DESTROYED IRON PIPE AS REFERENCED IN SURVEY BOOK "J" AT PAGE 772; THENCE S00023'52"E 62.50 FE ,n A SET %i ' 11RON REBAK FOR THE T RJJE POIN F Of BEUI NNING; THENCE LL 1T 1 TV N89056'28"W 138.19 FEET TO AN EXISTING IRON ON THE EAST RIGHT-OF-WAY LINE OF THE ARKANSAS & MISSOURI RAILROAD; THENCE S03°19'42"E 62.47 FEET ALONG SAID RIGHT-OF-WAY LINE TO A SET %2" IRON REBAR; THENCE LEAVING SAID RIGHT-OF-WAY LINE EAST 135.00 FEET TO AN EXISTING IRON PIPE ON THE WEST RIGHT-OF-WAY LINE OF WEST AVENUE; THENCE N00023'52"W 62.23 FEET TO THE POINT OF BEGINNING, CONTAINING 0.19 ACRES (8468.0 SQ. FT.), MORE OR LESS. OWNER. JEAN BESCHAUD ADDRESS. 119, 127 S. WEST AVENUE FAYETTEVILLE, ARKANSAS ,.•GIs TE�,�•. ' STMT- OF rcANS .s 'r O Zk Q © L '1'fl LA''� O EXISTING IRON PIPE O SET 1/2" IRON REBAR. EXISTING IRON PIN -4- r.nKiPIITFn C:CIRNFR CITY OF 1WFAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner MEETING DATE: June 10, 2019 (Updated with Planning Commission Results) SUBJECT: RZN 19-6666: Rezone (119 & 127 S. WEST AVE./CANFIELD, 523): Submitted by CAL CANFIELD for properties located at 119 & 127 S. WEST AVE. The properties are zoned NC, NEIGHBORHOOD COMMERCIAL and contain approximately 0.40 acres. The request is to rezone the properties to MSC, MAIN STREET CENTER. RECOMMENDATION: Staff recommends forwarding RZN 19-6666 to City Council with a recommendation of approval based on the findings contained in this report. RECOMMENDED MOTION: "I move to forward RZN 19-6666 to City Council with a recommendation for approval." BACKGROUND: The subject properties are located on the west side of West Avenue, between Mountain Street to the north and South Street to the south. Both properties are developed with single-family dwellings, built in 1886 and 1916 according to Washington County records. In 2004, the property was rezoned to NC, Neighborhood Conservation, as a part of the Downtown Master Plan. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-family Residential NC, Neighborhood Conservation South Single-family Residential RI -U, Residential Intermediate, Urban East Fayetteville Public Library MSC, Main Street Center, DG, Downtown General West Razorback Greenway P-1, Institutional Request: The request is to rezone the subject properties at 118 and 127 West Avenue from NC, Neighborhood Conservation, to MSC, Main Street Center. The applicant has stated in their request letter that this rezoning is necessary to expand the development options of the property, including the potential for an art gallery, office, restaurant, or bar. Although the NC zoning district does allow UU-12a, Limited Business, which includes small offices, restaurants, and retail as conditional uses, there is no allowance for bars or similar facilities. Public Comment: Staff has received no public comment regarding the request. Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 1 of 15 INFRASTRUCTURE: Streets: Both parcels within the subject property have access to South West Avenue, a Master Street Plan -designated ST -45 street. South West Avenue is partially - improved with on -street parking in front of both parcels, but inadequate sidewalk width and without street trees do not meet the Master Street Plan minimums. Any street improvements required in this area will be determined at the time of development proposal. Water: Public water is available to the site. A 6 -inch water main runs along the West Avenue right-of-way. Sewer: Public sanitary sewer is available to the site. A 8 -inch sanitary sewer main runs along the West Avenue right-of-way. Drainage: Any additional improvements or requirements for drainage would be determined at the time of development. No portion of the subject property lies within a FEMA designated 100 -year floodplain, a Streamside Protection Zone, or the Hillside - Hilltop Overlay District (HHOD). Additional, no hydric soils are present on this site. Fire: The Fire Department has noted that the subject properties are protected by Station 1, located at 303 West Center Street, with an anticipated response time of approximately 3 minutes. This is below the 6 minute response time goal of the Fayetteville Fire Department. 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 properties as part of a Complete Neighborhood Plan Area associated with the Fayetteville Downtown Master Plan. FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: In staff's opinion, the requested rezoning is generally consistent and compatible with both current land use and City land use plans. Land Use Compatibility: A rezoning to MSC will allow for residential and commercial development that is generally comparable to other housing and businesses in the vicinity. Furthermore, while the MSC zoning district allows for commercial activities of greater intensity than would generally be appropriate at this location, the size and terrain of the property can limit the scale of any new development. On the other hand, the Fayetteville Downtown Master Plan and its associated rezoning were deliberately enacted to preserve pockets of single-family housing that have existed for decades, and in some cases over a century. In addition to the Mount Nord area along Lafayette Street, the block of single- G:\ETC\Development Services Review\2019\Development Services\19-6666 RZN 119 & 127 S. West Ave. (Canfield) 523\03 Planning Commission\6-10-2019 Planning Commission June 10. 2019 Agenda Item 12 19-6666 Canfield Page 2 of 15 family homes that range southward from the subject property along West Avenue were deliberately zoned NC, Neighborhood Conservation. The Illustrative Master Plan (attached) indicated preservation of the subject property as two single-family dwellings. A rezoning to MSC comes with no density requirements, no side setbacks, and a higher building height maximum than the requirements in an NC district. Coupled with multi -family dwellings and numerous commercial uses being permitted in the DG zoning district, the requested rezoning has the potential to dramatically change the character of this portion of downtown. That said, there are numerous properties in close proximity to the subject address that are not single-family in use or appearance. Although there are several single-family homes to the north, the Razorback Greenway Trail passes to the west along the future Cultural Arts Corridor, large duplexes are being developed to the south, and to the east is the Fayetteville Public Library and its approximately 100,000 square foot expansion that is under construction. Other uses along West Avenue vary, including many residential structures that have been modified to house multiple tenants or businesses. Given the variety of surrounding land uses, staff finds the MSC zoning would be compatible. Land Use Plan Analysis: The Downtown Master Plan led to the current zoning that was approved by City Council with the support of many Downtown residents. This NC zoning seeks to preserve the existing single- family housing stock in pockets of the downtown area. The Neighborhood Conservation zoning currently applied to the subject property and those south of it are evidence of that objective. The Downtown Master Plan also identified the goal of pursuing redevelopment opportunities along West Avenue. Classified in the Plan as a "signature connection" in downtown, West Avenue is called -out as important to the area's pedestrian network with redevelopment needed to fully leverage amenities like the Frisco Trail, the library, and future Cultural Arts Corridor. The Plan goes even further by outlining an implementation strategy that involves a policy to "target properties along West Avenue for infill development." Rezoning the subject property to the proposed Main Street/Center district can support this goal by allowing for increased housing opportunities through redevelopment to a greater density or, alternatively, permitting a greater spectrum of retail and service uses that can serve the neighborhood or greater downtown. While the goals of infill redevelopment and preservation may often seem at odds, in this instance they are complementary. Just as the Neighborhood Conservation zoning district was adopted to preserve the single-family nature of particular areas, so to can the Main Street/Center zoning district preserve the character of the Fayetteville downtown. Both are designed with build -to -zones that complement the area's historic growth pattern. Development under either zoning is subject to the Downtown Design Overlay District's architectural standards. On the balance, staff finds that the proposed zoning is consistent with the overall goals and policies of the Downtown Master Plan. Finally, the City Council has recently rezoned similar G:\ETC\Development Services Review\2019\Development Services\19-6666 RZN 119 & 127 S. West Ave. (Canfield) 523\03 Planning Commission\6-10-2019 Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 3 of 15 properties along West Avenue to allow mixed-use and higher density. These decisions aid staff in recommending that this rezoning is consistent with the Council's vision for the Downtown Master Plan. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Based on the applicants' submittal, the rezoning is justified and needed to enhance the development opportunities for the subject property. The existing Neighborhood Conservation zoning only permits development of the property with single-family dwellings, accessory dwellings, and City- wide uses by -right. All other uses allowed in the district, including but not limited to 2- and 3 -family dwellings, offices, and limited businesses are only permitted with the approval of a conditional use permit. The applicant feels that a rezoning to Main Street/Center will positively address the goals of City Plan 2030. Staff agrees, finding that despite the conditional use permit process' provision of detail that can assure compatibility, this may not be necessary given the wide variety of existing and potential uses and intensities in close proximity to the site. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The subject property has access to West Avenue, which was classified during the Downtown Master Plan process as ST 45. This classification includes two lanes for traffic movement and one for on -street parking in addition to tree wells and sidewalks. Given this, a rezoning of the property to Main Street/Center, with its lack of density requirements, has the potential to increase traffic in this area as the site develops. However, given the small size of the property, any increase in vehicular trips in the area will likely not appreciably increase traffic danger or 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: The MSC zoning district includes no density limitation, as compared to the 10 units per acre of the existing NC zoning district. Despite this, and with due consideration for site constraints such as the size of the property and the 15% to 25% slope along the western third of both parcels, staff does not anticipate an undesirable increase in potential impact on City or Fayetteville Public Schools facilities. 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 G:\ETC\Development Services Revievv\2019\Development Services\19-6666 RZN 119 & 127 S. West Ave. (Canfield) 523\03 Planning Commission\6-10-2019 Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 4 of 15 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 19-6666 to the City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES Date: June 10, 2019 O Tabled O Forwarded O Denied Motion: Hoffman Second:Johnson 9-0-0, recommending in favor and also recommending the City Council evaluate a Vote: design overlay district and/or a broader rezoning in the Cultural Arts Corridor. BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.27 — MSC, Main Street/Center o §161.29 - NC, Neighborhood Conservation • Request letter • Downtown Illustrated Plan Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map GAETC\Development Services Review\2019\Development Services\19-6666 RZN 119 & 127 S. West Ave. (Canfield) 523\03 Planning Commission\6-10-2019 Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 5 of 15 161.27 - Main Street/Center (A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi -story buildings in the Center are well-suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street/Center district is a commercial zone. (l3) Uses. (1) Permitted uses. Unit 1 Unit 4 Unit 5 Unit 8 Unit 9 Unit 10 City-wide uses by right Cultural and recreational facilities Government facilities Single-family dwellings Two-family dwellings Three (3) and four (4) family dwellings Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24� Home occupations Unit 25 i Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 i Liquor stores 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 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit Gasoline service stations and drive-in/drive� Unit Center for collecting recyclable materials Unit Dance halls Unit Outdoor music establishments G:\ETC\Development Services Review\2019\Development Services\19-6666 RZN 119 & 127 S. West Ave. (Canfield) 523\03 Planning Commission\6-10-2019 Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 6 of 15 Unit Wireless communication facilities Unit Sidewalk Cafes Unit. Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling (all unit types) 18 feet et Lot Area Minimum. None. (E) Setback Regulations. A build -to zone that is located Front between the front property line and a line 25 feet from the front property line. Side I None Rear 5 feet Rear, from i center line of 12 feet an alley (F) Minimum Buildable Street Frontage. 75% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories/7 stories' ' A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of seven (7) stories. (Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5042, 8-07-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4- 20-10; Ord. No. 5339, 8-3-10; 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, 7-9, 1-17- 17; Ord. No. 6015 , §1(Exh. A), 11-21-17) G:\ETC\Development Services Review\2019\Development Services\19-6666 RZN 119 & 127 S. West Ave. (Canfield) 523\03 Planning Commission\6-10-2019 Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 7 of 15 161.29 - Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12a Limited business' Home occupations Unit 24 Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single Family 1 40 feet Two Family 1 80 feet Three Family ( 90 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations A build -to zone that is located Front € between the front property line and a line 25 feet from the front property line. G:\ETC\Development Services Review\2019\Development Services\19-6666 RZN 119 & 127 S. West Ave. (Canfield) 523\03 Planning Commission\6-10-2019 Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 8 of 15 Side 5 feet Rear 5 feet Rear, from center line of 12 feet an alley (F) Building Height Regulations. ---.--,_______�____ Building Height Maximum 3 stories G:\ETC\Development Services Review\2019\Development Services\19-6666 RZN 119 & 127 S. West Ave. (Canfield) 523\03 Planning Commission\6-10-2019 Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 9 of 15 REZONING — 119 & 127 S. West avenue Statement of Compatibility This rezoning request is being made in the interest of adding options for the property owner. Currently zoned NC — Neighborhood Conservation, this ensures the existing character and fabric of the neighborhood is maintained. Our request does not seek to change that in spirit, but to reinforce it. By allowing uses that can operate in a residential type of setting and structure, are compatible with and complimentary to residential uses, yet are not residences. Some examples would be small professional offices, studios, live/work units, biking and trail -related services and food and beverage options. Our 'Requested Zoning District' for the purposes of this submittal has been defined as 'MSC' Main Street/Center. On first glance that seems to fit. But it is possible to have a district that supports more diversity by allowing uses compatible with and complimentary to residential uses, and found in that MSC district, while maintaining the desirable character and fabric of the existing streetscape in keeping with the spirit of the NC district. The problem is that I'm not sure that district currently exists in our playbook. The activity levels on this portion of West avenue are currently high and only going to increase with the current development of both the library and the Arts Corridor along the bike trail. The existing residential character of the neighborhood is desirable to maintain. The people who live in this area do so expecting a dynamic, active, urban experience and thus want services they can access quickly and easily without involving vehicular travel. Could this possibly be addressed by merely expanding the Use by Right category in the NC district? This would ensure the preservation of the current residential character and feel of the street while acknowledging the use and activity levels here are more in keeping with a district allowing opportunity for a more diverse mix of uses. As with any district aiming to provide a diverse mix of services and activities, it is reasonable to assume that the potential for conflict is always there. That is why we have these codes, ordinances and regulations to ensure that opportunity for those conflicts to arise is minimal. Our zoning regulations have become quite thorough and well thought-out here in Fayetteville because they are constantly evolving and becoming more specialized and defined as our community grows and its wants and needs are further defined and addressed. This portion of West avenue does represent a last remaining vestige of the character and feel of the old town of Fayetteville as it was. And it is important that we preserve that. But there is no reason we cannot maintain that aspect of this area while simultaneously expanding the possibilities and opportunities available to the property owner by expanding the list of allowable uses. As both a property owner in this community and a licensed Architect in the State of Arkansas, I thank you for the opportunity to bring this matter before the Commission for your consideration. W. Cal Canfield Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 10 of 15 J June 10, 2019 Agenda Item 12 19-6666 Canfield Page 11 of 15 L- Q) Q) � N CU O � Z }�+ N O ICU L) J June 10, 2019 Agenda Item 12 19-6666 Canfield Page 11 of 15 RZN 19-6666 One Mile View Legend Planning Area L _ _ 1 Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Design Overlay District Building Footprint ----.-----�,.-.�� _ter--- . n Planning Area O Fayetteville City Limits YIJ, 0.5 Miles E NORTH YETTE S Z .Mg EXTRACTION RESIDENTIAL SINGLE-FAMILY M- MR F.5 COMMERCIAL Iui011icc RSFI C. RSF-1 FORM BASED DISTRICTS S ::F p"wnbwn Cure RESIDENTIAL MULTI -FAMILY M.S"eel cemer �RT.11R aeniul Two and T"rnn lamiM �Oownb.m General -: RMF -b C mm noes CA RMF -12 9Fp" nm° Serrees F -t8 �Ne rao n na on 3i RMF -Ta PLANNED ZO NING DISTRICTS M RMF ESIBC"mmersui, In°usirwi Hes 11,1 INDUSTRIAL INSTITUTIONAL LIN"° ,I,a R -I Planning Co mission 10, 2019 Agenda Item 12 19-6666 Canfield Page 12 of 15 RZN 19-6666 Close Uig Vietv CANFIELD MOUNTAIN ST Subject Property Legend LPlanning Area L _ -1 Fayetteville City Limits Shared Use Paved Trail Feet Trail (Proposed) _� Design Overlay District 0 75 150 300 450 1 inch = 200 feet Building Footprint .11 ■ SOU mNORTH Zoning Acres MSC 0.4 Total 0.4 Planning Co mission 10, 2019 Agenda Item 12 19-6666 Canfield Page 13 of 15 RZN 19-6666 Current Land Use CANFIELD NORTH t ` MOUNTAINST ..,_ c ✓ �Sa � S � � f'€ l > � Single Family f Pesi-ienti ,�l W �. $ � � Q i', F ;yt tit IIS F'ublhr t Mary . W I - .a i a A sr Future Library Expansion �. Y F � ff +4i of FEMA Flood Hazard Data 100 -Year Floodplain Feet Floodway � _ _ _; Planning Area 0 35 70 140 210 280 Fayetteville City Limits Design Overlay District 1 inch = 100 feet Planning Co mission 10, 2019 Agenda Item 12 19-6666 Canfield Page 14 of 15 RZN 19-6666 Future Land Use CANFIELD K -,", 11w, f4[ Legend Planning Area L �� Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) L _� Design Overlay District Building Footprint u, SPRING S LU w > J Q L LMEADOWS-T..s. - _ cY < CENTER ST prows, Subject Property MOUNTAIN ST 5TH ST Feet 0 145 290 580 870 1,160 1 inch = 400 feet ALLEY 155 5TH ST FUTURE LAND USE 2030 City Neighborhood Area Complete Neighborhood Plan Civic and Private Open Space/Parks Non -Municipal Government Planning C mer ssion 2019 Agenda Item 12 19-6666 Canfield Page 15 of 15 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Don Marr, Chief of Staff Garner Stoll, Development Services Director Andrew Garner, Planning Director Blake Pennington, Assistant City Attorney FROM: Kit Williams, City Attorney q( ,"'- DATE: July 23, 2019 RE: Bill of Assurance from William Canfield Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal Mr. Canfield has supplied my office with his signed and notarized Bill of Assurance (attached) for his requested rezoning from Neighborhood Conservation to Main Street/Center. As you can see, Mr. Canfield limited his property in two ways by his offered Bill of Assurance. He first stated that: "(t)he Height of structures shall be limited to 3 -story maximum in the established 25' Build -to Zone as measured from the top of curb. The buildable area outside of said Build -to Zone shall allow the construction of additional stories, but the height of any portion of the building cannot exceed the maximum height established by the portion of the development within the 25' Build -to Zone." Thus, as the land slopes down toward the multiuse trail and creek, an additional story or two can be added as long as the height of the structure as measured from the curb does not surpass the height of the structure within the build -to zone. When I pointed out to Mr. Canfield the potentially incompatible uses for his neighbors allowed in Main Street/Center for Use Unit 17 Transportation Trades and Services such as automotive sales, car washes, used car lots, body shops and garages, etc., he agreed that he did not want such uses for his property and expressly excluded all such uses if his property is rezoned to Main Street/ Center. We will need to amend the rezoning ordinance at the next meeting to make it reliant upon Mr. Canfield's proposed Bill of Assurance if the rezoning is approved by the City Council. C' 6 Tx( BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") William C. Canfield 'hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to Only those limitations and restrictions asst forth tinder the new Zoning Classification - MSC 2. Other restrictions including number and type of structures upon the property are limited to Only those limitations and restrictions as set forth under the new Zoning Classification - MSC with the following exce tip ons; Exception #1 - Height of structures shall be limited to 3 -story maximum in the established 25' Build -to Zone, as measured from the top of The buildable area outside of said Build -to Zone shall allow the construction of additional stories but the height of any portion of the building cannot exceed the maximum height established by the portion of the development within that 25' Build -to Zone. Exception #2 - To Exclude Use Unit 17 - Transportation Trades and Services in its entirety 3. Specific activities will not be allowed upon petitioner's property include Only those limitations and restrictions as set forth tinder the new Zoning Classification - MSC 4. (Any other terms or conditions) none 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in a reeme t with all the terms and conditions stated above, I, W r (�;& L-- CA" F- 'as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. Date Signature NOTARY OATH STATE OF ARKANSAS } COUNTY OF WASHINGTON } And now on this the ' day of i L 1 2019, appeared before me, V', I t�j V i r- a Notary Public, and of er being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. NOTAAY PUBLICO My Commission Expires: q - u -lo, -Lt OFFICIAL SEAL LYNLEY VIRE NOTARY PUBLIC. ARKANSAS WASHINGTON COUNTY COMMISSION #12697350 COMMI8810N EXp. Q4111l20�6 FM RECEIVED AUG 2 3 2on NORTHWEST ARKANSAS�CYL'EFR SmD-EFYF '� vem, ocrat a Atte T AFFIDAVIT OF PUBLICATION 1 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 f CITY OF FAYETTEVILLE Ord. 6210 Was inserted in the Regular Edition on: August 15, 2019 Publication Charges: 67.60 Cathy Tgg3o Subscribed and sworn to before me This ((,%,day of" , 2019. Notary Public My Commission Expires: I -I ;, -.?,.V **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6210 File Number: 2019-0379 RZN 19-6666 (119 & 127 S. WEST ST./CANFIELD): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6666 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 119 AND 127 SOUTH WEST AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET/CENTER SUBJECT TO THE ATTACHED BILL OF ASSURANCE 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 NC, Neighborhood Conservation to MSC, Main Street/Center subject to the attached Bill of Assurance. 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 8/6/2019 Approved: Attest: Lioneld Jordan, Mayor Sondra E. Smith, City Clerk Treasurer 75044544