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HomeMy WebLinkAboutOrdinance 6336113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6336 File Number: 2020-0532 IIIII IIIIIIIIIIIIIIIIIIIIIIII i IIIIIiIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIII► Doc ID: 019351610005 Type: REL Kind: ORDINANCE Recorded: 08/03/2020 at 01:24:49 PM Fee Amt: $35.00 Pape 1 of 5 Washinqton County, AR Kyle Sylvester Circuit Clerk File202O-00026459 RZN 20-7124 (SE OF 15TH ST. & MORNINGSIDE DR./NWA LD, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7124 FOR APPROXIMATELY 1.84 ACRES LOCATED SOUTHEAST OF 15TH STREET AND MORNINGSIDE DRIVE TO REZONE A PORTION OF THE PROPERTY FROM C-1, NEIGHBORHOOD COMMERCIAL TO NS-G, NEIGHBORHOOD SERVICES -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 C-1, Neighborhood Commercial to NS-G, Neighborhood Services -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 7/21/2020 ,4.— �1 Jordan, Page 1 Attest:CITY <1 ```�� 1 t r r r r►r�i �`�•�l ��ERK�T�'% FqY Kara Paxton, City Clerk Treasurer �y ; /44 F ; ;, • cP • • �,y ••'�gNSAs . •. ,,,. Printed on W2 �O/V" 11 �� RZN20-7124 NWA LD, LLC EXHIBIT 'A' Close Up View 20-7124 �FtTA Z J VC (i � N W 2 CO LL L Z Y EGRET RD C W C3 CO) i Z RSF-8 2 O ; 0 p i Legend Trail (Proposed) Planning Area Fayetteville City Limits Building Footprint RSF-a 1011 -2 t 15TH ST Proposed (-i Pr" oposed NS-G `NS-G Subject Property Feet 0 112.5 225 450 675 1 inch = 300 feet P-1 NORTH Zoning Acres NS-G 1.6 Total 1.6 EXHIBIT 'B' 20-7124 PART OF THE N 1/2 OF THE SE 1/4 OF SECTION 22, TOWNSHIP 16 NORTH RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 22; THENCE S87'15'39"E 846.88 FEET; THENCE 502'44'21"W 244.60 FEET TO THE POINT OF BEGINNING; THENCE 587'03'55"E 481.87 FEET; THENCE S26°36'30"E 91.71 FEET; THENCE 21.99 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 12.00 FEET AND A LONG CHORD OF S25°53'42"W 19.04 FEET; THENCE 17.25 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 68.00 FEET AND A LONG CHORD OF S85°40'00"W 17.21 FEET; THENCE N87°03'55"W 502.59 FEET; THENCE NO2'56'05"E 99.50 FEET TO THE POINT OF BEGINNING, CONTAINING 1.16 ACRES, MORE OR LESS AND SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR FACT. PART OF THE NE 1/4 OF THE SE 1/4 OF SECTION 22, TOWNSHIP 16 NORTH RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 22; THENCE 587'15'39"E 1365.83 FEET; THENCE S02*44'21"W 222.43 FEET TO THE POINT OF BEGINNING; THENCE N63*23'30"E 99.50 FEET; THENCE S26'36'30"E 212.00 FEET; THENCE S63°23'30"W 99.50 FEET; THENCE N26'36'30"W 212.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.48 ACRES, MORE OR LESS AND SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR FACT. RZN20-7124 NWA LD, LLC Close Up View >-Iz DG x. J �O'm z _J NC'j Z Ir �Q �1I�V LU Sc ONN zY EGRET-RDI 15TH ST ! ! c- i ! ! ! Proposed NS-G ! ! ! � e W ! C9 ! z ! z ! a: ! O ! RSF-8 ! ! ! ! a 1 g@ ! l Legend Trail (Proposed) ! ' Planning Area ! ' Fayetteville City Limits Building Footprint Subject Property Feet 0 112.5 225 450 675 1 inch = 300 feet RSU-J RN1F-24 e EXHIBIT 'C' 20-7124 P_1 NORTH Zoning Acres NS-G 2.72 Total 2.72 EXHIBIT 'D' RZN 20-7124 PART OF THE N 1/2 OF THE SE 1/4 OF SECTION 22, TOWNSHIP 16 NORTH RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 22; THENCE 587*15'39"E 846.88 FEET; THENCE 502'44'21"W 244.60 FEET TO THE POINT OF BEGINNING; THENCE S87°03'55"E 481.87 FEET; THENCE N60°01'36"E 44.08 FEET; THENCE N63023'30"E 99.50 FEET; THENCE S26°36'30"E 288.39 FEET; THENCE N84°37'57"W 748.31 FEET; THENCE NO2'56'05"E 146.13 FEET TO THE POINT OF BEGINNING, CONTAINING 2.72 ACRES, MORE OR LESS AND SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR FACT. Washington County, AR I certify this instrument was filed on OUO3/2020 01:24:49 PM ar,d recorded in Real Estate Five Numbe 2020-00026459 Kyle Sylves er - Circuit Clerk by �.y _ City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 � (479) 575-8323 Text File File Number: 2020-0532 Agenda Date: 7/21/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 8 RZN 20-7124 (SE OF 15TH ST. & MORNINGSIDE DR./NWA LD, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7124 FOR APPROXIMATELY 1.84 ACRES LOCATED SOUTHEAST OF 15TH STREET AND MORNINGSIDE DRIVE TO REZONE A PORTION OF THE PROPERTY FROM C-1, NEIGHBORHOOD COMMERCIAL TO NS-G, NEIGHBORHOOD SERVICES -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 C-1, Neighborhood Commercial to NS-G, Neighborhood Services -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 712212020 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2020-0532 Legistar File ID 7/21/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/2/2020 Submitted Date Action Recommendation: CITY PLANNING (630) Division / Department RZN 20-7124: Rezone (SE OF 15TH ST. & MORNINGSIDE DR./NWA LD, LLC., 603): Submitted by CRAFTON TULL & ASSOCIATES, INC. for property located SE OF 15TH ST & MORNINGSIDE DR. The property is zoned RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE & C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.84 acres. The request is to rezone the C-1 portion to NS-G, NEIGHBORHOOD SERVICES -GENERAL. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Does item have a cost? No Budget Adjustment Attached? NA Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 21, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Jonathan Curth, Development Review Manager FROM: Jessie Masters, Senior Planner DATE: July 2, 2020 CITY COUNCIL MEMO SUBJECT: RZN 20-7124: Rezone (SE OF 15TH ST. & MORNINGSIDE DR./NWA LD, LLC., 603): Submitted by CRAFTON TULL & ASSOCIATES, INC. for property located SE OF 15TH ST & MORNINGSIDE DR. The property is zoned RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE & C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.84 acres. The request is to rezone the C-1 portion to NS-G, NEIGHBORHOOD SERVICES -GENERAL. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property is part of an undeveloped parcel located south of E. 15th Street (also known as Highway 16) in south Fayetteville. The properties are part of the Creekside Meadows subdivision whose preliminary plat was approved by Planning Commission in November 2019. Following Planning Commission, an adjusted legal description was submitted to align with the boundaries of the pre-existing C-1 zoning, for an adjusted total of 2.72 acres. The potential amendment can be found in the attached Exhibits 'B' and 'C'. Request: The request is to rezone the property from C-1, Neighborhood Commercial to Neighborhood Services -General (NS-G). The applicant did not submit any specific development details along with this application. Land Use Compatibility: The properties in question are part of the Creekside Meadows subdivision whose preliminary plat was approved by Planning Commission in November 2019. Though currently undeveloped, the properties are surrounded by RSF-8 zoning to the south and C-1 zoning to the north, and 1-1 to the east. NS-G would be a compatible zoning district to allow for light, walkable, neighborhood -friendly commercial to serve the incoming residential neighborhood that the lots are part of. The uses associated with the NS-G zoning district would act as a transition between the higher intensity uses permitted along E 15th Street and the residential properties to the south and would be more compatible than the use schedule associated with C-1. The current zoning district of C-1 allows for uses such as gas stations and Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 drive-thru restaurants which would no longer be compatible once the subdivision is complete and the surrounding area is residential in nature. Additionally, a shorter building height at 3 stories in NS-G as opposed to 5 stories in C-1 would keep the scale of the buildings at a compatible height with relationship to the neighborhood than the current zoning district. Land Use Plan Analysis: Staff believes that the proposal is compatible with the goals in City Plan 2040, adopted land use policies, and the future land use designation for this location. This area is designated as a City Neighborhood Area, which allows for mixed -density residential and commercial uses with a residential component. While the property with frontage along E. 15th Street will remain commercially zoned at a higher intensity, a rezone to NS-G to these two lots in question will bring complimentary, transitional uses closer to the neighborhood with frontage within the development itself. This zoning district will also buffer the neighborhood from some of the higher intensity uses permitted in C-1, such as gas stations and drive-thru restaurants. Allowing NS-G in this area will better align with the stated goals of a City Neighborhood Area and with the Goal 3 of City Plan 2040 which states that we will make compact, complete, and connected development the standard. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6 for the area in question. The following elements of the matrix contribute to the score: • Appropriate Land Use • Near ORT Bus Stop (Route 20) • Near Park (Walker Park, White River Park) • Near Sewer Main (30" HDPE) • Near Paved Trail (On -street bike facility E 15th Street) • 4 Minute Fire Department Response time (Fire Station #3, 1050 S. Happy Hollow) DISCUSSION: On June 22, 2020, the Planning Commission forwarded the rezoning request to the City Council with a recommendation of approval by a vote of 7-0-0. Commissioner Brown made the motion to approve, with a second from Commissioner Belden. Commissioners were in favor of and supportive of the developer's request for the zoning district to serve as a transition between the pending residential neighborhood and the C-1 commercial zone to the north. No public comment was made at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A — Original Request Map • Exhibit B — Original Request Legal Description • Exhibit C — Potential Amendment Map • Exhibit D — Potential Amendment Legal Description • Planning Commission Staff Report f RZN20-7124 NWA LD, LLC Close Up View 0 OFtTAI L- LN --I co z CO) J U ir co W 2 CO) c.� Z. Y EGRET- RD rI Legend Trail (Proposed) ' Planning Area L IL-1 Fayetteville City Limits Building Footprint U111-a RMF 15TH ST Proposed ( I Pr' oposed NS-G \OSG r Subject Property Feet 0 112.5 225 450 675 1 inch = 300 feet P-1 we EXHIBIT 'A' 20-7124 A& NORTH Zoning Acres NS-G 1.6 Total 1.6 EXHIBIT 'B' 20-7124 PART OF THE N 1/2 OF THE SE 1/4 OF SECTION 22, TOWNSHIP 16 NORTH RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 22; THENCE S87'15'39"E 846.88 FEET; THENCE S02'44'21"W 244.60 FEET TO THE POINT OF BEGINNING; THENCE S87'03'55"E 481.87 FEET; THENCE S26'36'30"E 91.71 FEET; THENCE 21.99 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 12.00 FEET AND A LONG CHORD OF S25053'42"W 19.04 FEET; THENCE 17.25 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 68.00 FEET AND A LONG CHORD OF S85040'00"W 17.21 FEET; THENCE N87°03'55"W 502.59 FEET; THENCE NO2`56'05"E 99.50 FEET TO THE POINT OF BEGINNING, CONTAINING 1.16 ACRES, MORE OR LESS AND SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR FACT. PART OF THE NE 1/4 OF THE SE 1/4 OF SECTION 22, TOWNSHIP 16 NORTH RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 22; THENCE S87'15'39"E 1365.83 FEET; THENCE S02*44'21"W 222.43 FEET TO THE POINT OF BEGINNING; THENCE N63'23'30"E 99.50 FEET; THENCE S26°36'30"E 212.00 FEET; THENCE S63°23'30"W 99.50 FEET; THENCE N26*36'30"W 212.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.48 ACRES, MORE OR LESS AND SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR FACT. RZN20-7124 NWA LD, LLC EXHIBIT 'C' Close Up View 20-7124 lz to J �O�m z J z _J Ix R' 0 W coN RMF-24 U IL CO) I z EGRET RD 2 15TH ST :Poopose k 3 W t Q 1 Subject Property z 1 z 1 W 1 0 1 RSF-8 � 1 1 1 1 r w � �1 1 1 NORTH Zoning Acres Legend NS-G 2.72 Trail (Proposed) ' Planning Area Feet Fayetteville City Limits 0 112.5 225 450 675 900 Building Footprint 1 inch = 300 feet Total 2.72 EXHIBIT 'D' RZN 20-7124 PART OF THE N 1/2 OF THE SE 1/4 OF SECTION 22, TOWNSHIP 16 NORTH RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 22; THENCE 587'15'39"E 846.88 FEET; THENCE 502*44'21"W 244.60 FEET TO THE POINT OF BEGINNING; THENCE S87'03'55"E 481.87 FEET; THENCE N60`01'36"E 44.08 FEET; THENCE N63'23'30"E 99.50 FEET; THENCE 526*36'30"E 288.39 FEET; THENCE N84°37'57"W 748.31 FEET; THENCE NO2°56'05"E 146.13 FEET TO THE POINT OF BEGINNING, CONTAINING 2.72 ACRES, MORE OR LESS AND SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR FACT. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Review Manager FROM: Jessie Masters, Senior Planner MEETING DATE: June 22, 2020 Updated with results from 6/22/2020 PC Meeting SUBJECT: RZN 20-7124: Rezone (SE OF 15TH ST. & MORNINGSIDE DR./NWA LD, LLC., 603): Submitted by CRAFTON TULL & ASSOCIATES, INC. for property located SE OF 15TH ST & MORNINGSIDE DR. The property is zoned RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE & C- 1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.84 acres. The request is to rezone the C-1 portion to NS-G, NEIGHBORHOOD SERVICES -GENERAL. RECOMMENDATION: Staff recommends forwarding RZN 20-7124 to City Council with a recommendation for approval. RECOMMENDED MOTION: "I move to forward RZN 20-7124 to City Council with a recommendation for approval." BACKGROUND: The subject property is part of an undeveloped parcel located south of E. 15In Street (also known as Highway 16) in south Fayetteville. The properties in question are part of the Creekside Meadows subdivision whose preliminary plat was approved by Planning Commission in November 2019. There are two lots currently under review with this request and the total acreage is 1.84 acres. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped/ C-1, Neighborhood Commercial A riculturaI Undeveloped/ South Planned RSF-8, Residential Single -Family, 8 Units per acre Residential East Undeveloped 1-1, Heavy Commercial and Light Industrial Undeveloped/ West Planned RSF-8, Residential Single -Family, 8 Units per acre Residential Request: The request is to rezone the property from C-1, Neighborhood Commercial to Neighborhood Services -General (NS-G). The applicant did not submit any specific development details along with this application. Public Comment: Staff has received no public comment. Planning Commission June 22.2020 Agenda Item 7 20-7124 NWA LD, LLC Page 1 of 15 INFRASTRUCTURE: Streets: The subject area has no existing street frontage. As part of the Creekside Meadows subdivision, fully improved Residential Links with asphalt paving and curb and gutter are proposed to be constructed, with sidewalk for Lots 36 & 37 to be constructed with development. Any street improvements or additional improvements or requirements for drainage required in these areas would be determined at the time of development proposal. Water: Public water is not available to the subject area. 8-inch watermains are proposed to be constructed with the Creekside Meadows subdivision that would provide water access. Sewer: Sanitary Sewer is not available to the subject area. 8-inch sanitary sewer mains are proposed to be constructed with the Creekside Meadows subdivision that would provide sanitary sewer access. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. Hydric soils appear to be present within the entire subject area. No portion of the property is within the Hillside -Hilltop Overlay District, FEMA floodplain, nor is there a protected stream present in the subject area. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 3 located at 1050 S. Happy Hollow, protects this site. The property is located approximately 0.9 miles from the fire station with an anticipated drive time of approximately 2 minutes using existing streets. The anticipated response time would be approximately 4.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single-family to multi -family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6 for the area in question, with a weighted score of 7. The following elements of the matrix contribute to the score: G \ETC\Development Services Review\2020\Development Services\20-7124 RZN SE of 15th St. & Morningside Dr. (NWA LD, LLC) 603\03 PC Planning Commission June 22. 2020 Agenda Item 7 20-7124 NWA LID, LLC Page 2 of 15 • Appropriate Land Use • Near ORT Bus Stop (Route 20) • Near Park (Walker Park, White River Park) • Near Sewer Main (30" HDPE) • Near Paved Trail (On -street bike facility E 151h Street) • 4 Minute Fire Department Response time (Fire Station #3, 1050 S. Happy Hollow) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The properties in question are part of the Creekside Meadows subdivision whose preliminary plat was approved by Planning Commission in November 2019. Though currently undeveloped, the properties are surrounded by RSF-8 zoning to the south and C-1 zoning to the north, and 1-1 to the east. NS-G would be a compatible zoning district to allow for light, walkable, neighborhood -friendly commercial to serve the incoming residential neighborhood that the lots are part of. The uses associated with the NS-G zoning district would act as a transition between the higher intensity uses permitted along E 15t' Street and the residential properties to the south and would be more compatible than the use schedule associated with C-1. The current zoning district of C-1 allows for uses such as gas stations and drive-thru restaurants which would no longer be compatible once the subdivision is complete and the surrounding area is residential in nature. Additionally, a shorter building height at 3 stories in NS-G as opposed to 5 stories in C-1 would keep the scale of the buildings at a compatible height with relationship to the neighborhood than the current zoning district. Land Use Plan Analysis: Staff believes that the proposal is compatible with the goals in City Plan 2040, adopted land use policies, and the future land use designation for this location. This area is designated as a City Neighborhood Area, which allows for mixed -density residential and commercial uses with a residential component. While the property with frontage along E. 15t' Street will remain commercially zoned at a higher intensity, a rezone to NS-G to these two lots in question will bring complimentary, transitional uses closer to the neighborhood with frontage within the development itself. This zoning district will also buffer the neighborhood from some of the higher intensity uses permitted in C-1, such as gas stations and drive-thru restaurants. Allowing NS-G in this area will better align with the stated goals of a City Neighborhood Area and with the Goal 3 of City Plan 2040 which states that we will make compact, complete, and connected development the standard. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. G:\ETC\Development Services Review\2020\Development Services\20-7124 RZN SE of 15th St. & Morningside Dr (NWA LD, LLC) 603\03 PC Planning Commission June 22.2020 Agenda Item 7 20-7124 NWA LD, LLC Page 3 of 15 Finding: Staff finds this proposed zoning request to be justified at this time, and agrees with the applicant's assertion that NS-G zoning would allow for a better transition between the residential uses and the commercial uses along Highway 16 (or E. 15th Street), while still allowing for some compatible commercial activity. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property from C-1 to NS-G in this instance would likely not appreciably increase the traffic danger or congestion that will already be increasing with the incoming subdivision. All needed street improvements for the subdivision came through at the time of preliminary plat and this does not substantially change what was originally proposed. 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: Rezoning the property from C-1 to NS-G has the potential to increase the population density since NS-G allows for residential uses not permitted under C-1, but considering the infrastructure improvements that are accompanying the Creekside Meadows subdivision staff does not believe the population density that might accompany this rezone will be appreciable or undesirably increase the load on public services. Sewer and water are already being extended to the area with the associated subdivision, and this area is within a 4.2 minute response time for the fire department. 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 G:\ETC\Development Services Review\2020\Development Services\20-7124 RZN SE of 15th St. & Morningside Dr. (NWA LD, LLC) 603\03 PC Planning Commission June 22. 2020 Agenda Item 7 20-7124 NWA LID, LLC Page 4 of 15 RECOMMENDATION: Planning staff recommends forwarding RZN 20-7124 to the City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES Date: June 22, 2020 O Tabled f 1 Forwarded O Denied Motion: Brown Second: Belden Vote: 7-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.21 - District C-1, Neighborhood Commercial o §161.19 - NS-G, Neighborhood Services- General • Request letter • Applicant -supplied Creekside Meadows site plan • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map G:\ETC\Development Services Review\2020\Development Services\20-7124 RZN SE of 15th St. & Morningside Dr. (NWA LD, LLC) 603\03 PC a Planning Commission June 22.2020 Agenda Item 7 20-7124 NWA LD. LLC Page 5 of 15 161.21 - District C-1, Neighborhood Commercial (A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build -to zone and minimum buildable street frontage as specified herein. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 5 Government Facilities Unit 13 Eating places Unit 15 Neighborhood shopping Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 25 Offices. studios. and related services Unit 40 Sidewalk Cafes Unit 44 Cluster Housing Development Unit 45 Small scale production (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 16 Shopping goods Unit 34 Liquor stores Unit 35 Outdoor music establishments* Unit 36 Wireless communications facilities* Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the right-of-way and 50 feet the building Side None Side, when contiguous to a 10 feet residential district Rear 20 feet G:\ETC\Development Services Review\2020\Development Services\20-7124 RZN SE of 15th St. & Morningside Dr. (NWA LD, LLC) 603\03 PC Planning Commission June 22. 2020 Agenda Item 7 20-7124 NWA LD, LLC Page 6 of 15 Urban Form Setback Regulations: A build -to zone that is located Front between 10 feet and a line 25 feet from the front property line Side and rear None Side or rear, when contiguous to a single-family residential 15 feet district (F) Building Height Regulations. Building Height Maximum 5 stories 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. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Urban form minimum buildable street frontage: 50% of the lot width. (Code 1965, App. A., Art. 5(V); Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.035; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99: Ord. No. 5028, 6-19-07, 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, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6164 , §§1, 4, 5, 4- 2-19; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6245 , §2, 10-15-19) G:\ETC\Development Services Review\2020\Development Services\20-7124 RZN SE of 15th St. & Morningside Dr. (NWA LD, LLC) 603\03 PC Planning Commission June 22.2020 Agenda Item 7 20-7124 NWA LD, LLC Page 7 of 15 161.19 - NS-G, Neighborhood Services - General (A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Neighborhood Services district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12b General business Unit 24 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 Eating places Unit 16 Shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities Unit 45 Small scale production (C) Density. Eighteen (18) or less per acre. G:\ETC\Development Services Review\2020\Development Services\20-7124 RZN SE of 15th St. & Morningside Dr. (NWA LD, LLC) 603\03 PC Planning Commission June 22. 2020 Agenda Item 7 20-7124 NWA LID, LLC Page 8 of 15 (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 35 feet All other uses None (2) Lot Area Minimum. Single-family 4,000 square feet Two (2) family or 3,000 square feet per more dwelling unit All other uses None (E) Setback regulations. Rear when Front Side Side -Zero Lot Line' Rear contiguous to a single-family residential district A build -to zone that is located between the front property line and 5 feet a line 25 feet from the front property line. A setback of less than 5 feet (zero lot line) is permitted on one interior side, provided a None maintenance agreement is filed". The remaining side setback(s) shall be 10 feet. (F) Building Height Regulations. Building Height Maximum 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. 15 feet (Ord. No. 5945 , §7(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17, Ord. No. 6223 , §1, 9-3-19) &\ETC\Development Services Review\2020\Development Services\20-7124 RZN SE of 15th St. & Morningside Dr. (NWA LD, LLC) 603\03 PC Planning Commission June 22. 2020 Agenda Item 7 20-7124 NWA LID, LLC Page 9 of 15 Crafton Tull May 12, 2020 City of Fayetteville Planning Staff 125 W. Mountain Street Fayetteville, AR 72701 RE: Creekside Meadows Rezone CTA Job No. 19103501 To whom it may concern, 901 N 47th Street, Suite 200 Rogers, AR 72756 479.636.4838 (ph) 479,631.6224 f lax ) This submittal is for the rezoning of approximately 1.16 acres and 0.48 acres within the proposed Creekside Meadows Subdivision, southeast of Highway 16 and Morningside Drive. The request is to rezone from C-1 to NS-G. The properties are a part of a larger C-1 zoning area along Highway 16 and the area to the south is zoned RSF-8. NS-G allows a mix of uses between residential and commercial. Rezoning the two areas in question to NS-G will provide a better ability to transition between the single family development and the commercial area adjacent to the highway. Should you have any questions, or require any additional information, please contact us at your convenience. Sincerely, Taylo indley, P.E. Proj ct Manager Planning Commission Page 10 of Is 1Y YuYa 17 j / OErCR. Sip RFlE Nrw It MIX —I e T' OjO� Jr_ 1 I/// «narot�h� w t o[ 1 \aPl - ' rxER RC PrN YFNNMS LLC\ OE60 +MCp. PPS IStEE ar `Er<EYIIIL r ]1101 1 2 ! RC :.Q 1 ow0 r R WIRtlSU FNfi LLCIF 77fi m Pos* sr IT eoo - -_ , a . _. a E/o wwr � r \\ vIYEt: aRE SIRE POc - 42 7awlmc v-rnnv v. ,� rcxula c�E-' '^y'1 i� 57 - �58 59 60 6i 4 Iwart - tea. . i .+ar Rh s •vYi4t. M 9or [`. ..YI1 4aNP R I� \\ 1 I Y" . I 1 !3 44 62 63 64 � fi5 6f. raxlx, RY z. 6 T, I 4A 74 7 46 mOPEu. EEIM 47 52 79 80 - l \ c 46 51 64 86 86 6 88 89 9p \ IT vAvti l65r 5125 opp -. 1 ' OBx[R KtltllAVl O . r. x. Fv P `�INLL('�I�TM x Li AS ir.EAs-BPP Ih a fC.ELBNE E `\ .. . /.xn 441G1 �.., WHET• �r a a ... aL w EYY +a nmP TV.ryE 7. a J —L r o� IB]Y E tA4 BtA iA j BUILDING SETBACKS: �RFSIDENTIAL DEN6ITYL• xaYc Rs-e mrr LBr wmosm Im tars tort war - Er B/S EPEE � E'B/S ADJACENT PROPERTY DOERS BEra rRrBln aA mBs CBIML [br [ • rYR E RYmI OBUY rYll IBYPr EEC rR Y 0 NNrELMI1L Y lR)Y 14}9-YI Y„ E Y[ rYAi YC ro d EEY rrEERNN. r mm REL}EEE-® R.Y®1 Nrl IF4\1r YC wnFMIE. Y TP01 tE.FRW um. mnu+ rN. rYar uC r /.wmBu. At rCAE—a— AREY NY F.— Y R1N TI-NUWY K Ar191 fJ1DEW rYY Itrp! IIC Y IR'L fr'ArBYEL Y JEW 1KNy}YR 4{ rIiBEBEL r FW EErmE mBlrE rN0 r/mn Ir4 M%IMI[. r M ::2. mi Yn r nwmEEC aEas r rBEm[ru. M ntw EEBam - aa oRR Yenrto Ec ws-nwo-w 0 Crofton Tull .ERA \�N1�11 :•.�.. _ - RE It Y, ISSUED FORS". ONSTRUCTION OVERALL SITE PLAN (COLOR) IC-101 Agenda Item 7 20-7124 NWA LID, LLC Page 12 of 15 RZN20-7124 Close Up View OFLTAI L- LN --I z � J W 2 LL a z Y EGRET- RD i I W RSF-8 z z O M Legend Trail (Proposed) Planning Area Fayetteville City Limits Building Footprint NWA LD, LLC 0 112.5 225 15TH ST Proposed NS-G Subject Property A& NORTH Zoning Acres NS-G 1.6 Feet 450 675 900 1 inch = 300 feet I Total 1.6 Planning Co mission —IW22. Agenda Item 7 20-7124 NWA LD, LLC Page 13 of 15 Agenda Item 7 20-7124 NWA LID, LLC Page 14 of 15 RZN20-7124 NWA LD, LLC _ Future Land Use NORTH 0 Legend Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint Civic Institutional TAIV11 IL. Feet 0 145 290 580 870 1.160 1 inch = 400 feet G F Industrial Civic and Private Open Space City Neighborhood Civic Institutional WlI Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center Planning Co mission 22.2020 Agenda Item 7 20-7124 NWA LD, LLC Page 15 of 15 Demomt (fmzette P.C. BOY IEC7, TAYETTEVILLE. AR, 727C2. 479.442-1700 • FAX: 479-695-IES • cb'WW.NWADC.COM AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of: Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6336 Was inserted in the Regular Edition on: July 26, 2020 Publication Charges: $85.12 'ni*s- Brittany Smith Subscribed and syvom to before me This 2llday of , 020. Notary Public My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. opt,"pis � ry 2 2pry5 08 ��S• Fgeo�Go��N ExP�Faae�`�� Ordinance: 6336 File Number: 2020-0532 RZN 20-7124 (SE OF 15TH ST. & MORNINGSIDE DRJNWA LD, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7124 FOR APPROXIMATELY 1.84 ACRES LOCATED SOUTHEAST OF 15TH STREET AND MORNINGSIDE DRIVE TO REZONE A PORTION OF THE PROPERTY FROM C-1, NEIGHBORHOOD COMMERCIAL TO NS-G, NEIGHBORHOOD SERVICES -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 C-1, Neighborhood Commercial to NS-G, Neighborhood Services -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 I. PASSED and APPROVED on 7/21 /2020 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75298975 7/26/20