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HomeMy WebLinkAboutOrdinance 6341113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6341 File Number: 2020-0534 RZN 20-7128 (1355 W. DEANE ST./PINES ON DEANE): ARCHIVED I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 019394440003 Type: REL Kind: ORDINANCE Recorded: $25.00/2020 at Page I of1356:30 AM Washington County, AR Kyle Sylvester Circuit Clerk File2020-00029734 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7128 FOR APPROXIMATELY 1.44 ACRES LOCATED AT 1355 WEST DEANE STREET FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RSF-8, Residential Single Family, 8 Units Per Acre. 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 8/4/2020 RZN20-7128 Close Up View Legend Trail (Proposed) ' Planning Area Fayetteville City Limits Building Footprint PINES ON DEANE R-k Pr000sed Subject Property w Q z w a w 0 112 5 225 RNII -2a Feet 450 675 1 inch = 300 feet DEANE ST EXHIBIT 'A' 20-7128 /JANICE AVE z o, z1> oQ ° a�—MAXWELL-DR z 0' 0iw izsi-s zQ ° NORTH HENDRIX Q S , Zoning Acres RSF-8 1.5 g Total 1.5 EXHIBIT 'B' 20-7128 LEGAL DESCRIPTIONS OF EXISTING PARCELS A Part of the Southeast Quarter of the Southeast Quarter of Section 5, Township 16 North, Range 30 West, Washington County, Arkansas being more particularly described, to -wit: Beginning at a set iron pin being the Southwest corner of said forty acre tract and running thence N01'25'50"E 292.59 feet to a set iron pin; thence S86°45'03"E 82.84 feet to a set iron pin; thence S03°01'29"W 292.16 feet to a set iron pin; thence N86°58'21"W 74.70 feet to the point of beginning, containing in all 0.53 acres, more or less, and being shown as Tract 1 on a tract split filed in survey book 2017 at page 1681. Subject to recorded instruments, covenants, rights of way, and easements, if any. Subject to all prior mineral reservations and oil and gas leases, if any. (Legal description from Warranty Deed filed January 30,2019 at File No. 2019- 00002651 in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas.) ADJUSTED PARCEL #765-13564-002 A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 05, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED, TO -WIT: BEGINNING AT A SET IRON PIN WHICH IS S86'58'21"E 74.70' FROM THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO3°01129"E 292.16, TO A FOUND IRON PIN; THENCE S86°45'03"E 74.70' TO A FOUND IRON PIN; THENCE S03°01'29"W 291.87' TO A FOUND IRON PIN; THENCE N86°58'21"W 74.70' TO THE POINT OF BEGINNING. CONTAINING 0.50 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. AND ADJUSTED PARCEL #765-13564-000 A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 05, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED, TO -WIT: BEGINNING AT A FOUND IRON PIN WHICH IS S86°58'21"E 149.40' FROM THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE NO3°01'29"E 291.87, TO A FOUND IRON PIN; THENCE S86"45'03"E 74.70' TO A FOUND IRON PIN; THENCE 503*01'29"W 291.58' TO A FOUND IRON PIN; THENCE N86"58'21"W 74.70' TO THE POINT OF BEGINNING. CONTAINING 0.50 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. Subject to recorded instruments, covenants, rights of way, and easements, if any. Subject to all prior mineral reservations and oil and gas leases, if any. (Legal description from Property Line Adjustment filed May 23, 2019 at File No. 2019-00014793 in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas.) Washington County, AR I certify this instrument was filed on 08/25/2020 11:56:30 AM and recorded in Real Estate File Number 2020-00029734 Kyle Sylvester - Circuit Clerk City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0534 Agenda Date: 8/4/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B 4 RZN 20-7128 (1355 W. DEANE ST./PINES ON DEANE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7128 FOR APPROXIMATELY 1.44 ACRES LOCATED AT 1355 WEST DEANE STREET FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RSF-8, Residential Single Family, 8 Units Per Acre. 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 8/5/2020 City of Fayetteville Staff Review Form 2020-0534 Legistar File ID 7/21/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 7/2/2020 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN 20-7128: Rezone (1355 W. DEANE ST./PINES ON DEANE, 365): Submitted by BAUER DEVELOPMENT, INC. for properties located at 1355 W. DEANE ST. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain 3 lots with approximately 1.44 acres. The request is to rezone the lots to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title $ - $ - Previous Ordinance or Resolution # Approval Date: V20180321 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 FROM: Jonathan Curth, Development Review Manager DATE: July 2, 2020 CITY COUNCIL MEMO SUBJECT: RZN 20-7128: Rezone (1355 W. DEANE STJPINES ON DEANE, 365): Submitted by BAUER DEVELOPMENT, INC. for properties located at 1355 W. DEANE ST. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain 3 lots with approximately 1.44 acres. The request is to rezone the lots to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. RECOMMENDATION: The Planning Commission recommends approval of an ordinance to rezone the subject property as shown in the attached Exhibits 'A' and `B'. BACKGROUND: The subject property includes three parcels located on the south side of Deane Street, between Lewis and Garland Avenues to the west and east respectively. Containing 1.44 acres, the property is zoned RSF-4, Residential Single-family, 4 Units per Acre, and has remained undeveloped since the single-family dwelling on the site was demolished in 2016. Between 2019 and 2020, large amounts of vegetation on the property were also removed. Immediately to the west of the property is a length of undeveloped public right-of-way running from Deane Street to Stephens Avenue. Several development proposals have been submitted on the property, ranging from a cottage housing development and associated preliminary plat in 2015 to a conditional use permit in 2016 for two tandem lots behind two lots fronting Deane. These projects were either approved and subsequently expired or tabled indefinitely. Request: The request is to rezone the property from RSF-4 to RSF-8, Residential Single-family, 8 Units per Acre. The applicant has indicated their intent is to subdivide the property in to four lots where there are currently three and develop them residentially. Land Use Compatibility: Land uses in immediate and general adjacency to the subject property are exclusively single-family detached dwellings. Despite the uniform building typology, lot shapes and sizes vary along Deane Street, ranging from approximately 60 to over 100 feet in lot width and between less than a quarter of an acre in area to nearly an acre. Accordingly, staff finds the applicant's request, with its complimentary permitted uses and incremental change in density and zoning requirements, to be compatible with the single -use character of the street between Lewis and Deane. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Land Use Plan Analysis: Staff finds the proposed RSF-8 zoning to be complimentary of the Future Land Use Map and its designation of the subject property as Residential Neighborhood Area. This designation supports a wide spectrum of residential uses and encourages density in all housing types. Although the RSF-8 zoning district is limited to single-family dwellings, there are conditional use allowances for two-family dwellings on comparable lot sizes and cluster housing developments. The higher degree of review afforded by a conditional use permit request provides staff and the Planning Commission an opportunity to assure compatibility and appropriateness. Staff also finds the request to be generally compatible with City Plan 2040's adopted goals and policies, particularly encouragement of appropriate infill. The property's location along a main east -west transportation route, Deane Street, with ready access to infrastructure and amenities makes this property well -situated for additional housing. Additionally, the requirements of the RSF-8 zoning district require building form similar to that of the RSF-4 zoning district, thereby encouraging the protection of established neighborhoods' community character enshrined in City Plan. Further, and as noted elsewhere in this report, the 2019 bond approval includes the Midtown Corridor project, a series of east -west transportation improvements that include the subject property's frontage. Provided this project and its existing funding, staff finds the proposed rezoning to greater density to be consistent with the City's goal to create a livable transportation network, where vehicle, bicycle, and pedestrian facilities are on comparable footing and with nearby land uses to benefit residents and leverage public investments. City Plan 2040's Infill Matrix indicates a score between 6 and 7 for the subject property. The following elements of the matrix contribute to the score: • Near a Grocery Store (Harps) • Near Public School (Asbell Elementary) • Near Razorback Transit Bus Stop (Route 33) • Near Trail (Meadow Valley) • Near Water Main (Deane Street) • Near Sewer Main (Within property) • Fire Department Response (Station #2) Note: The property is within the matrix's prescribed distance from Lewis Park, which is in the process of changing ownership from the University of Arkansas to co -ownership by the City of Fayetteville and Fayetteville Public Schools. Additionally, the Midtown Corridor and its associated Midtown Trail are planned for construction along Deane Street across the subject property's frontage, representing a large capital investment in active transportation infrastructure. DISCUSSION: On June 22, 2020, the Planning Commission forwarded the rezoning request, with Commissioner Brown making the motion, and Commissioner Garlock providing a second. The subsequent vote was 6-1-0. Commissioner Hoffman was the dissenting vote, asserting that the public improvements planned for Deane Street merited a zoning designation that allows additional density, housing types, and residents in close proximity to vehicular, bicycle, and pedestrian infrastructure. While no public comment was made at the meeting, staff received prior inquires and public comment. Nearby residents have sought details about the development proposal, which are limited given the request is for zoning amendment, not development approval. One piece of public comment was submitted in writing (included in staff's attached Planning Commission report), which asserts that the property's RSF-4 zoning may be inaccurate and that a more appropriate route for development is through the cluster housing ordinance or Board of Adjustment for a zoning variance. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN20-7128 Close Up View Legend Trail (Proposed) Planning Area Fayetteville City Limits Building Footprint PINES ON DEANE w a' z w x IL w F— W .' DEANE S T Proposed a RSF -8 CO) 1 z RSF-4 z Subject Property R Nl F-2a Feet 0 112.5 225 450 675 1 inch = 300 feet EXHIBIT 'A' 20-7128 /3ANICE AVE w ,Q -"---MAXWELL-DR z O; 0IW RSF-8 Z'Q A& 51 o HENDRIX-4 NORTH Q , Zoning Acres RSF-8 1.5 Total 1.5 EXHIBIT 'B' 20-7128 LEGAL DESCRIPTIONS OF EXISTING PARCELS A Part of the Southeast Quarter of the Southeast Quarter of Section 5, Township 16 North, Range 30 West, Washington County, Arkansas being more particularly described, to -wit: Beginning at a set iron pin being the Southwest corner of said forty acre tract and running thence N01°25'50"E 292.59 feet to a set iron pin; thence S86°45'03"E 82.84 feet to a set iron pin; thence S03*01'29"W 292.16 feet to a set iron pin; thence N86°58'21"W 74.70 feet to the point of beginning, containing in all 0.53 acres, more or less, and being shown as Tract 1 on a tract split filed in survey book 2017 at page 1681. Subject to recorded instruments, covenants, rights of way, and easements, if any. Subject to all prior mineral reservations and oil and gas leases, if any. (Legal description from Warranty Deed filed January 30,2019 at File No. 2019- 00002651 in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas.) ADJUSTED PARCEL #765-13564-002 A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 05, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED, TO -WIT: BEGINNING AT A SET IRON PIN WHICH IS S86°58'21"E 74.70' FROM THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO3'01129"E 292.16, TO A FOUND IRON PIN; THENCE 586°45'03"E 74.70' TO A FOUND IRON PIN; THENCE S03°01'29"W 291.87' TO A FOUND IRON PIN; THENCE N86°58'21"W 74.70' TO THE POINT OF BEGINNING. CONTAINING 0.50 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. AND ADJUSTED PARCEL #765-13564-000 A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 05, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED, TO -WIT: BEGINNING AT A FOUND IRON PIN WHICH IS S86'58'21"E 149.40' FROM THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE NO3°01'29"E 291.87' TO A FOUND IRON PIN; THENCE S86"45'03"E 74.70' TO A FOUND IRON PIN; THENCE S03*01'29"W 291.58' TO A FOUND IRON PIN; THENCE N86"58'21"W 74.70' TO THE POINT OF BEGINNING. CONTAINING 0.50 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. Subject to recorded instruments, covenants, rights of way, and easements, if any. Subject to all prior mineral reservations and oil and gas leases, if any. (Legal description from Property Line Adjustment filed May 23, 2019 at File No. 2019-00014793 in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas.) CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Review Manager MEETING DATE: June 22, 2020 (Updated with Planning Commission Results) SUBJECT: RZN 20-7128: Rezone (1355 W. DEANE STJPINES ON DEANE, 365): Submitted by BAUER DEVELOPMENT, INC. for properties located at 1355 W. DEANE ST. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain 3 lots with approximately 1.44 acres. The request is to rezone the lots to RSF-8, RESIDENTIAL SINGLE FAMILY. 8 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN 20-7128 to City Council with a recommendation for approval. RECOMMENDED MOTION: "I move to forward RZN 20-7128 to City Council with a recommendation for approval." BACKGROUND: The subject property includes three parcels located on the south side of Deane Street, between Lewis and Garland Avenues to the west and east respectively. Containing 1.44 acres, the property is zoned RSF-4, Residential Single-family, 4 Units per Acre, and has remained undeveloped since the single-family dwelling on the site was demolished in 2016. Between 2019 and 2020, large amounts of vegetation on the property were also removed. Immediately to the west of the property is a length of undeveloped public right-of-way running from Deane Street to Stephens Avenue. Several development proposals have been submitted on the property, ranging from a cottage housing development and associated preliminary plat in 2015 to a conditional use permit in 2016 for two tandem lots behind two lots fronting Deane. These projects were either approved and subsequently expired or tabled indefinitely. Surrounding land use and zoning are depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North University of Arkansas Agricultural Farm R-A, Residential Agricultural South Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre East Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre West Single-family Residential RSF-4, Residential Single-family.. 4 Units per Acre Request: The request is to rezone the property from RSF-4 to RSF-8, Residential Single-family, 8 Units per Acre. The applicant has indicated their intent is to subdivide the property in to four lots where there are currently three. Public Comment: Staff has received public inquiry and public comment. Nearby residents have sought details about the development proposal, which are limited given the request is for zoning Planning Commission June 22. 2020 Agenda Item 8 20-7128 Pines on Deane Page 1 of 16 amendment, not development approval. One piece of public comment was submitted in writing (attached), which asserts that the property's RSF-4 zoning may be inaccurate and that a more appropriate route for development is through the cluster housing ordinance or Board of Adjustment for a zoning variance. INFRASTRUCTURE: Streets: The subject property has direct access to West Deane Street, a partially improved Neighborhood Link with asphalt paving and open ditches along the property's frontage. Improvements to Deane are anticipated to begin in 2021, including trail, sidewalk, stormwater, curb and gutter, and turn lanes. Any further drainage or street improvements required would be determined at the time of development proposal. Water: Public water is available to the site. A 6-inch water main runs along the property's Old Farmington frontage. Sewer: Public sanitary sewer is available to the site. Existing 8-inch and 24-inch water mains are present within the Deane Street right-of-way. Drainage: While no portion of the property is within the Hillside -Hilltop Overlay District, a FEMA-designated floodplain, or streamside protections zone, hydric soils are present throughout the area. Any additional improvements or requirements for drainage will be determined at time of development. Fire: The Fire Department expressed no concerns with this request. The closest fire station is Fire Station 2, located at 708 North Garland Avenue, approximately one mile to the southeast. 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 a Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single-family, multi -family, and rowhouses. Development is encouraged to be highly -connected, with compact blocks, grid street pattern and reduced setbacks. Low -intensity non-residential uses are encouraged at appropriate locations, such as on corners and connecting corridors. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score between 6 and 7 for the subject property. Per the Planning Commission's Infill Matrix weighting, this represents a score of 8. The following elements of the matrix contribute to the score: • Near a Grocery Store (Harps) • Near Public School (Asbell Elementary) • Near Razorback Transit Bus Stop (Route 33) • Near Trail (Meadow Valley) • Near Water Main (Deane Street) • Near Sewer Main (Within property) • Fire Department Response (Station #2) GAETC\Development Services Review\2020\Development Services\20-7128 RZN 1355 W. Deane St. (Pines on Deane) 365\03 PC\06-22-2020 Planning Commission June 22. 2020 Agenda Item 8 20-7128 Pines on Deane Page 2 of 16 • Note: The property is within the matrix's prescribed distance from Lewis Park, which is in the process of changing ownership from the University of Arkansas to co -ownership by the City of Fayetteville and Fayetteville Public Schools. Additionally, the Midtown Corridor and its associated Midtown Trail are planned for construction along Deane Street, representing a large capital investment in active transportation infrastructure. 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: Land uses in immediate and general adjacency to the subject property are exclusively single-family detached dwellings. Despite the uniform building typology, lot shapes and sizes vary along Deane Street, ranging from approximately 60 to over 100 feet in lot width and between less than a quarter of an acre in area to nearly an acre. Accordingly, staff finds the applicant's request, with its complimentary permitted uses and incremental change in density and zoning requirements, to be compatible with the single -use character of the street between Lewis and Deane. Land Use Plan Analysis: Staff finds the proposed RSF-8 zoning to be generally compatible with the Future Land Use Map and its designation of the subject property as Residential Neighborhood Area. This designation supports a wide spectrum of residential uses and encourages density in all housing types. Although the RSF-8 zoning district is limited to single- family dwellings, there are conditional use allowances for two-family dwellings on comparable lot sizes and cluster housing developments. This higher degree of review affords staff and the Planning Commission the opportunity to assure compatibility and appropriateness. Similarly, staff finds the request to be complimentary of City Plan 2040's adopted goals and policies, particularly encouragement of appropriate infill. The property's location along a main east -west transportation route, Deane Street, with ready access to infrastructure and amenities makes this property well -situated for additional housing. Additionally, the requirements of the RSF-8 zoning district require building form similar to that of the RSF-4 zoning district, thereby encouraging protection of community character in an established neighborhood. Further, and as noted elsewhere in this report, the 2019 bond approval includes the Midtown Corridor project, a series of east -west transportation improvements that include the subject property's frontage. Provided this project and its existing funding, staff finds the proposed rezoning to be consistent with the City's goal to create a livable transportation network, where vehicle, bicycle, and pedestrian facilities are on comparable footing and with nearby land uses to benefit residents and leverage public investments. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. GAETC\Development Services Review\2020\Development Services\20-7128 RZN 1355 W. Deane St. (Pines on Deane) 365\03 PC\06-22-2020 Planning Commission June 22. 2020 Agenda Item 8 20-7128 Pines on Deane Page 3 of 16 Finding: Staff believes that there is sufficient justification for rezoning the property to RSF-8. The proximity to existing and planned amenities, and general alignment of the request with many of City Plan 2040's goals suggest a rezoning to a district that allows incrementally higher density is suitable. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has direct access to Deane Street, a partially improved Neighborhood Link, and is approximately one -quarter mile from Garland Avenue, a Regional Link, to the east and one mile from Interstate 49 to the west. Although the proposed RSF-8 zoning district allows densities that may increase traffic over the existing RSF-4 zoning district, staff contends that development of the property would likely not result in a significant increase in traffic nor appreciably increase traffic danger and congestion. The necessity for street improvements or modifications to site access will be reviewed with future development submittals, but it is valuable to note that the Midtown Corridor is planned for construction beginning in 2021 and includes a turn lane, storm water facilities, and sidewalk along the property's frontage. 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 applicant's requested RSF-8 zoning district allows single-family dwellings at a density of 8 units per acre. Given the marginal increase over the current RSF-4 allowance of four units per acre, staff finds that no adverse impacts on services are anticipated given existing adjacency to existing City infrastructure and proximity to public amenities. Water and sewer are within or immediately adjacent to the property and it is near Asbell Elementary, school district athletic facilities, Lewis Park, and the future Midtown Trail. 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 20-7128 to the City Council with a recommendation for approval. GAETC\Development Services Review\2020\Development Services\20-7128 RZN 1355 W. Deane St. (Pines on Deane) 365\03 PC\06-22-2020 Planning Commission June 22.2020 Agenda Item 8 20-7128 Pines on Deane Page 4 of 16 PLANNING COMMISSION ACTION: Required YES Date: June 22, 2020 0 Tabled M Forwarded 71 Denied Motion: Brown, recommending approval. Second: Garlock Vote: 6-1-0, Hoffman voted 'no' BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 — RSF-4, Residential Single -Family, 4 Units per Acre o §161.09 — RSF-8, Residential Single -Family, 8 Units per Acre • Request letter • Public Comment • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map G:\ETC\Development Services Review\2020\Development Services\20-7128 RZN 1355 W. Deane St. (Pines on Deane) 365\03 PC\06-22-2020 Planning Commission June 22. 2020 Agenda Item 8 20-7128 Pines on Deane Page 5 of 16 161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. 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 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density Single-family Two (2) family dwellings dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum 70 feet 80 feet width Lot area 8,000 square 12,000 square minimum feet feet Land area per 8,000 square 6,000 square dwelling unit feet feet Hillside Overlay District Lot 60 feet 70 feet minimum width Hillside Overlay 8,000 square 12,000 square District Lot feet feet area minimum Land area per 8.000 square 6.000 square dwelling unit feet feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet G:\ETC\Development Services Review\2020\Development Services\20-7128 RZN 1355 W. Deane St. (Pines on Deane) 365\03 PC\06-22-2020 Planning Commission June 22.2020 Agenda Item 8 20-7128 Pines on Deane Page 6 of 16 (F) Building Height Regulations. Building Height Maximum I3 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. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15- 19) GAETC\Development Services Review\2020\Development Services\20-7128 RZN 1355 W. Deane St. (Pines on Deane) 365\03 PC\06-22-2020 Planning Commission June 22. 2020 Agenda Item 8 20-7128 Pines on Deane Page 7 of 16 161.09 - District RSF-8, Residential Single -Family - Eight (8) Units Per Acre (A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single family residential areas with similar lot size, density, and land use as the historical neighborhoods in the downtown area. (B) Uses (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings J (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 9 ;Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. By Right Single-family dwelling units per acre 8 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family 50 feet Two (2) family 50 feet Townhouse; no more than two (2) attached 25 feet (2) Lot Area Minimum. Single-family 5,000 square feet Two-family 5,000 square feet (3) Land Area Per Dwelling Unit. Single-family 5,000 square feet Two-family 5,000 square feet Townhouse, no more than two (2) 2,500 square attached feet (E) Setback Requirements. Front Side Rear G:\ETC\Development Services Review\2020\Development Services\20-7128 RZN 1355 W. Deane St. (Pines on Deane) 365\03 PC\06-22-2020 Planning Commission June 22,2020 Agenda Item 8 20-7128 Pines on Deane Page 8 of 16 15 feet 5 feet 5 feet (F) Height Regulations. Building Height Maximum 3 stories (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (Ord. No. 4783, 10-18-05; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4- 20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19) GAETC\Development Services Review\2020\Development Services\20-7128 RZN 1355 W. Deane St. (Pines on Deane) 365\03 PC\06-22-2020 Planning Commission June 22, 2020 Agenda Item 8 20-7128 Pines on Deane Page 9 of 16 RXN 20-7128 Request STATEMENT OF COMPATIBILITY Letter DEANE STREET LOTS My request for a rezoning from RSF-4 to RSF-8 is compatible with the nature and density of the surrounding neighborhood. One -quarter of a mile away is a multi -family site zoned RMF-40. We can also provide a Bill of Assurance that the property will only be split into a total of four lots (it is currently three lots). This change will not adversely affect the neighborhood. Planning Commission June 22. 2020 Agenda Item 8 20-7128 Pines on Deane Page 10 of 16 RXN 20-7128 To: Planning Staff &Planning Commission Public Comment From: Rebecca Bryant, resident Date: 15 June 2020 Subject: Proposed Rezoning of 1355 W. Deane St For background, I own two parcels on Deane Street (1553 & 1589) and reside in one of them. Additionally, I have a master's degree in community and regional planning. Years ago, I managed the Fayetteville Planning division. Regarding the proposed rezoning, please consider the following points: 1. The south side of Deane Street between Garland and Lewis has been zoned RSF-4 for a very long time. I have owned property here for 30+ years. Over that duration, there have been previous attempts to increase the density of undeveloped parcels. The first was a lot to the west of my land. The planning commission denied 2-3 attempts to rezone for higher density. Eventually, four single family houses were built on the property. Later, the residual 3/8 acre was rezoned cottage development, but the developer was unable to proceed with a project. It remains vacant. Importantly, the other attempt was 1355 W. Deane. I have conferred with neighbors, and we recall that the parcel was approved (at least by the planning commission) for cottages approximately 3-5 years ago. Please review old minutes of the Planning Commission and City Council, as staff is stating that the property remains RSF-4. 2. The only information I have been able to obtain about the proposed rezoning is that the parcel is 1.44 acres, the owner/developer (principal) is proposing 5 single family units, and the principal is willing to do a bill of assurance to that affect. Surely, they can build 5 units without rezoning, if the property is zoned for cottages. With RSF-4, the principal can build nearly 6 units by right on 1.44 acres. If there is a problem with frontage or some other aspect, aside from density, it has historically been the protocol of the planning staff to first encourage the principal to look at other options (tandem lots) or go to the board of adjustment for a variance and only turn to rezoning as a last resort. 4. Let's say a review a planning commission and city council minutes show that the previous attempt to rezone the 1355 Deane for cottages failed or was revoked, and the property is actually zoned RSF-4. Let's say the principal goes to the board of adjustment and fails to get a variance. In that case, I think the appropriate step for staff would be to encourage the principal to attempt rezoning to cottages, not RSF-8. (It's conceivable that the principal might choose to ignore staff's advice, but that was never my experience while working for the city.) Planning Commission June 22.2020 Agenda Item 8 20-7128 Pines on Deane Page 11 of 16 5. Finally, I simply think the proposal to rezone the parcel to RSF-8 should be denied. I see no legitimate reason for approving a spot rezoning (whether legal or not), when the principal presently has so many other, more appropriate options at their disposal. By more appropriate, I mean a less radical change vis-a-vis the historical development pattern and current surrounding land use. Planning Commission June 22.2020 Agenda Item 8 20-7128 Pines on Deane Page 12 of 16 Agenda Item 8 20-7128 Pines on Deane Page 13 of 16 Agenda Item 8 20-7128 Pines on Deane Page 14 of 16 Agenda Item 8 20-7128 Pines on Deane Page 15 of 16 10111FAIMP4.03 Future Land Use PRIVATE 2000 PINES ON DEANE Non -Municipal Government Civic and I Private W Open Space Q N z W a w rn '_ --MOUNT COMFORTtRD HEFLEY•ST---_ Legend Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint Subject Property DEANE a co z z } J I Residential Neighborhood BILLIE JO DR ANICE AVE MELMAF D W Q BEL p AIR DR z a ..I r NO�! O A in o m z QW as SYCAMORE A ,STiiiliiIiIiils z o Z'> o' Q z HICKORY ll a a' MAXWELL-DR— ST O Zv'> oa —O.HENDRIX-ST z O ~w z Q Q`C_ARTER ST; Feet 0 145 290 580 870 11160 1 inch = 400 feet M;LIBU ST w a Z LAWSOr, gals?.: City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center Planning Co mission 22.2020 Agenda Item 8 20-7128 Pines on Deane Page 16 of 16 Democrat NORTHW.EST AROrdinance:6341 File Number: (1355 34 RZN 20-7128(1355 W.DEANE � ` ST./PINES ON DEANE): AN ORDINANCE TO REZONE THAT P. .3i F iC•1�.=i'f 't:'ILt`t.AR,7271 •4iti-A:e3 170 •PAX:479 6ya Il'S• ti"`'rV{VI'L4Di COM PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7128 FOR APPROXIMATELY 1.44 ACRES LOCATED AT 1355 WEST DEANE STREET FROM RSF-4, AFFIDAVIT OF PUBLICATION RESIDENTIAL SINGLE FAMILY,4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY,8 I, Brittany Smith,do solemnly swear that I am the AccountingLegal Clerk of the UNITS PER ACRE BE IT ORDAINED BY THE CITY Northwest Arkansas Democrat-Gazette, a daily newspaper printed and COUNCIL OF THE CITY OF published in said County, State of Arkansas; that I was so related to this FAYon 1: T LLE,ARKANSAS: Section I That the City Council of the publication at and during the publication of the annexed legal advertisement City of Fayetteville,Arkansas hereby the matter of: Notice pending in the Court, in said County, and at the dates of p the zone lfication hi the property shown onn the i map(Exhibit A) the several publications of said advertisement stated below, and that during said and the legal description(Exhibit B) periods and at said dates, said newspaper was printed and had a bona fide bothp attachedtm Agendato the Planning Department's Memo from RSF- circulation in said County; that said newspaper had been regularly printed and 4,Residential Single Family,4 Units Per published in said County, and had a bona fide circulation therein for the period of Family 8 Units Per'Acre!al Single one month before the date of the first publication of said advertisement; and that Section 2: That the City Council of the said advertisement was published in the regular daily issues of said newspaper City of Fayetteville,Arkansas hereby amends the official zoning map of the as stated below. City of Fayetteville to reflect the zoning change provided in Section I. PASSED and APPROVED on 8/4/2020 City of Fayetteville Approved: Ord 6341 Lioneld Jordan,Mayor Attest: Kara Paxton,City Clerk Treasurer Was inserted in the Regular Edition on: 75305748 Aug 9,2020 August 9, 2020 Publication Charges: $82.08 6 , S. Brittany Smith Subscribed and sworn to before me S�r �s' eL,�?\ • ,,2 025 This I 2,day of fl ` , 2020. c���'`; A 2g,2 MVO; t/Ct& ,57-1337,$) - Notary Public My Commission Expires: Z/28'!lOiS **NOTE** Please do not pay from Affidavit. Invoice will be sent.