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HomeMy WebLinkAboutOrdinance 654419 f_ 0, FAYETtF CRk"4N5 PS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6544 File Number: 2022-0183 9 �cy�GFn Doc ID: 020517050004 T . 11111111 Kind: ORDINANCE yPe: REL Recorded: 04/28/2022 at 01:09:08 PM Fee Amt: $30.00 Paqe 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk File2022-00014163 RZN-2022-002 (WEST OF N. PLAINVIEW AVE. & E. LONGVIEW ST./CITY CENTER NORTH, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-002 LOCATED WEST OF NORTH PLAINVIEW AVENUE AND EAST LONGVIEW STREET FOR APPROXIMATELY 5.85 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE AND RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE TO UT, URBAN THOROUGHFARE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF4, Residential Single Family, 4 Units Per Acre and RI-12, Residential Intermediate, 12 Units Per Acre to UT, Urban Thoroughfare. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 4/5/2022 Page 1 Printed on 4/0)22 Ordinance: 6544 File Number.' 2022-0183 Attest: �*��►►� r r r r r Iil�rl Kara Paxton, City Clerk Treasur$<:.' Qfi'•;s� M1 T Lf r ,GC�31N''`�� Page 2 Printed on 416M Washington County, AR I certify this instrument was filed on 04/28/2022 01:09:08 PM and recorded in Real Estate File Number 2022-00014163 Kyle Sylvester - Circuit Clerk Y City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0183 Agenda Date: 4/5/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.1 RZN-2022-002 (WEST OF N. PLAINVIEW AVE. & E. LONGVIEW ST./CITY CENTER NORTH, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-002 LOCATED WEST OF NORTH PLAINVIEW AVENUE AND EAST LONGVIEW STREET FOR APPROXIMATELY 5.85 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE AND RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE TO UT, URBAN THOROUGHFARE 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 and RI-12, Residential Intermediate, 12 Units Per Acre to UT, Urban Thoroughfare. 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 41612022 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2022-0183 Legistar File ID 3/15/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/25/2022 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2022-000002: Rezone (WEST OF N. PLAINVIEW AVE. & E. LONGVIEW ST./CITY CENTER NORTH, LLC., 480): Submitted by HALL ESTILL LAW FIRM for properties located WEST OF N. PLAINVIEW AVE. & E. LONGVIEW ST. in Ward 3. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE & RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE and contain 7 parcels with approximately 5.85 acres. The request is to rezone the properties to UT, URBAN THOROUGHFARE. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost $ - Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 15, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: February 25, 2022 CITY COUNCIL MEMO SUBJECT: RZN-2022-000002: Rezone (WEST OF N. PLAINVIEW AVE. & E. LONGVIEW ST./CITY CENTER NORTH, LLC., 480): Submitted by HALL ESTILL LAW FIRM for properties located WEST OF N. PLAINVIEW AVE. & E. LONGVIEW ST. in Ward 3. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE & RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE and contain 7 parcels with approximately 5.85 acres. The request is to rezone the properties to UT, URBAN THOROUGHFARE. 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 in north Fayetteville and is west of the intersection of N. Plainview Avenue with E. Longview Street. Containing approximately 5.85 acres, the property is sparsely developed. The southernmost portion of the site (Tract 3) is developed with a single-family dwelling that was constructed in 1950; Tracts 2 and 1 are mostly undeveloped. While located approximately 800 feet west of N. College Avenue, the property is not identified as part of the 71 B Master Plan Area. Request: The request is to rezone the property to UT, Urban Thoroughfare. The applicant has submitted an intent to develop the site with a mix of uses, including a hotel, restaurant and bar, multi -family residential, and office space. Public Comment: Staff received one item of public comment in opposition to the request ahead of the Planning Commission meeting. This is included within the attached Planning Commission staff report. No public comment was offered on the item at the meeting. Land Use Compatibility: The property is currently minimally developed, as well as are the immediate surroundings, but it is clear that development in a more commercial or mixed -use direction is forthcoming. Located just 800 feet west of N. College Avenue and centered around a planned street connection and extension of N. Plainview Avenue into the Fiesta Square shopping center to the south, the site is an ideal location to increase the entitlement beyond strictly residential uses. UT is one of the highest intensity zoning districts within the City, allowing for Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 auto -oriented uses, building heights of up to 7 stories, and mixed -use development. The form - based nature of the zoning district, as well as additional heighted architectural design standards that accompany the district help make the allowed uses compatible with the surrounding areas. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The northern portion of the site is designated as an Urban Center Area, which indicates an intent for the highest intensity of uses, tallest building heights, and regional retail, as well as more densely developed residential in close, connected proximity to commercial and neighborhood services. The infill score is high, which also matches the high intensity of the applicant's request. This zoning request has the potential to meet goals outlined by City Plan 2040 by encouraging density and development towards the urban center, as will allow for the creation of compact, complete and connected neighborhoods by bringing the potential for mixed -use development. The southern portion of the area is identified as a City Neighborhood Area, which indicates an intent for more densely developed residential in close, connected proximity to commercial and neighborhood services. While UT may not always be in perfect alignment with the City Neighborhood designation, which is typically meant to serve more local uses, in this instance, given the future planned street connections, proximity to regional infrastructure connections, and transit, staff finds the request is compatible here. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 6-9 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #4, 3385 N. Plainview Avenue) • Near Sewer Main (E. Longview Avenue and N. Plainview Avenue) • Near Water Main (E. Longview Avenue and N. Plainview Avenue) • Near Grocery Store (Harps and Whole Foods) • Near City Park (Gordon Long Park) • Near Paved Trail (Mud Creek Trail, Razorback Greenway) • Near ORT Bus Stop (Route 30) • Near Razorback Bus Stop (Route 26) • Appropriate Future Land Use (Urban Center Area) DISCUSSION: At the February 14, 2022 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Winston made the motion and Commissioner Sparkman seconded. Commissioners offered little comment, finding the high infill score and proximity to N. College Avenue made the request appropriate for additional development in the area. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Planning Commission Staff Report RZN-2022-000002 Close Up View R-O —LONGVIEWST RMF ■ i Planned Residential Link - - - Trail (Proposed) Design Overlay District Planning Area ' Fayetteville City Limits L City Center North, LLC �`F Proposed UT RSF-4 Subject Properties KEN RAY ST Proposed UT 411 R-A Feet 0 75 150 300 450 1 inch = 200 feet :II LONGVIEW ST Zoninq Acres UT 5.9 Total 5.9 EXHIBIT 'B' RZN-2022-000002 TRACT 1 DESCRIPTION A PART OF THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION TWENTY-SIX (26), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING AN EXISTING IRON BAR; THENCE S02°03'48"W 208.70 FEET ALONG THE WEST LINE OF SAID 40 ACRE TRACT TO AN EXISTING IRON REBAR AT THE SOUTHWEST CORNER OF LAND PARCEL #765-15767-002 THENCE S02°03148"W 178.00 FEET FOR THE TRUE POINT OF BEGINNING; THENCE S87°11'04"E 403.99 FEET TO THE WEST RIGHT-OF-WAY LINE OF PLAINVIEW AVENUE, THENCE S44°56'36"E 19.35 FEET ALONG RIGHT-OF-WAY LINE TO THE BEGINNING OF A 170.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY 141.60 FEET ALONG SAID CURVE AND RIGHT-OF-WAY LINE THE CHORD FOR WHICH BEING S21 °04'53"E 137.54 FEET, TO THE POINT OF TANGENCY; THENCE S02°46'50"W 103.48 FEET TO A SET 1/2" IRON REBAR; THENCE LEAVING THE WEST RIGHT-OF-WAY LINE OF PLAINVIEW AVENUE, N87°11'43"W 470.91 FEET TO A POINT ON THE WEST LINE OF SAID 40 ACRE TRACT; THENCE NO2°03'48"E 242.35 FEET TO THE POINT OF BEGINNING, CONTAINING 2.55 ACRES, MORE OR LESS. TRACT 2 DESCRIPTION LOT 4 DESCRIPTION LOTS 1-4, LAZENBY'S FIRST ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS AS PER THE PLAT OF ADDITION RECORDED IN THE PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS. TRACT 3 DESCRIPTION A PART OF THE SW1/4 OF THE SE1/4 OF SECTION 26, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 290 FEET NORTH OF THE SW CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE NORTH 200 FEET; THENCE EAST 502.5 FEET TO THE CENTERLINE OF A FORTY FOOT ROAD; THENCE SOUTH WITH THE CENTERLINE OP SAID ROAD 200 FEET; THENCE WEST 502.5 FEET TO THE PLACE OF BEGINNING, CONTAINING 2.3 ACRES, MORE OR LESS. 1p".- - TO: FROM: CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS MEETING DATE Fayetteville Planning Commission Jessie Masters, Development Review Manager February 14, 2022 Updated with PC hearing results from 2/14/2022 SUBJECT: RZN-2022-000002: Rezone (WEST OF N. PLAINVIEW AVE. & E. LONGVIEW ST./CITY CENTER NORTH, 480): Submitted by HALL ESTILL LAW FIRM for properties located WEST OF N. PLAINVIEW AVE. & E. LONGVIEW ST. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE & RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE and contain 7 parcels with approximately 5.85 acres. The request is to rezone the properties to UT, URBAN THOROUGHFARE. RECOMMENDATION: Staff recommends forwarding RZN-2022-000002 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2022-000002 to City Council with a recommendation of approval." BACKGROUND: The subject property is in north Fayetteville and is west of the intersection of N. Plainview Avenue with E. Longview Street. Containing approximately 5.85 acres, the property is sparsely developed. The southernmost portion of the site (Tract 3) is developed with a single-family dwelling that was constructed in 1950; Tracts 2 and 1 are mostly undeveloped. While located approximately 800 feet from N. College Avenue, the property is not identified as part of the 71 B Master Plan Area. A recent rezoning request was heard by Planning Commission on Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped C-2, Thoroughfare Commercial South Single -Family Dwelling RI-12, Residential Intermediate, 12 Units per Acre East Commercial (Car Dealership); Single- Family Dwellings C-2, Thoroughfare Commercial; RSF-4, Residential Single -Family, 4 Units per Acre West Undeveloped/Commercial R-O, Residential -Office Request: The request is to rezone the property to UT, Urban Thoroughfare. The applicant has submitted an intent to develop the site with a mix of uses, including a hotel, restaurant and bar, multi -family residential, and office space. Public Comment: Staff has not received any public comment on this item. Planning Commission February 14, 2022 Agenda Item 8 RZN-22-000002 City Center North, LLC. Page 1 of 18 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: Tract 1 has frontage along N. Plainview Avenue which is a fully improved Residential Link street with asphalt paving, multi -use trail, and curb and gutter. Tract 1 also has frontage at the end East Longview Street. East Longview Street is a fully improved Residential Link with asphalt paving, sidewalk, and curb and gutter. Tract 2 has no frontage. Tract 3 has frontage along North Plainview Avenue is a partially improved Residential Link street with asphalt paving and open ditches. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to Tract 1. An existing 8-inch water main is present along the west side of N. Plainview Avenue. An existing 8-inch water main is present at the end of E. Longview Street. Public water in available to Tract 2, parcel #765- 07401-000 via an existing 8-inch water main present at the end of East Longview Street. Public Water is not available to the remaining Parcels of Tract 2. Public water is available to Tract 3. An existing 6-inch water main is present along the center of North Plainview Avenue. Sewer: Sanitary Sewer is available to the Tract 1, parcel 765-15751-000 via an existing 6- inch sanitary sewer main located at the corner of E. Longview Street and N. Plainview Avenue. Sanitary Sewer is not available to Tract 2. Sanitary sewer is available to the Tract 3. An existing 6-inch sanitary sewer main is present along the east side of N. Plainview Avenue. 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 4, located at 3385 N. Plainview Ave., protects this site. The property is located approximately 0.3 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. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. There are no hydric soils or protected streams on the site, nor is any portion of the site located within a FEMA floodplain or within the Hillside - Hilltop Overlay District. Tree Preservation: The proposed zoning district of UT, Urban Thoroughfare requires 15% minimum canopy preservation. The current zoning district of RSF-4, Residential Single - Family, 4 Units per Acre is 25% minimum canopy preservation; the current zoning district of RI-12, Residential Intermediate, 12 Units per Acre is 20% minimum canopy preservation. Planning Commission February 14, 2022 Agenda Item 8 RZN-22-000002 City Center North, LLC. Page 2 of 18 CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Urban Center Area and City Neighborhood Area. Urban Center Areas contain the most intense and dense development patterns within the City and allow for the tallest and greatest variety of buildings. Urban Center accommodates rowhouses, apartments, local and regional retail, hotels, clean technology industries and entertainment uses. These areas are typified by their location adjacent to major thoroughfares with high visibility. Although Urban Center Areas recognize the conventional big box and strip retail centers existing along major arterials, it is expected that vacant properties will be developed into traditional mixed -use centers, allowing people to live, work and shop in the same area. Additionally, infill of underperforming or undervalued existing big box and strip centers should be strongly encouraged since there is a greater return on investment for redevelopment of these areas that have existing public infrastructure such as streets, sidewalks, trails, water, sewer and parklands. 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 ranging score of 6-9 for this site, with a weighted score of 11.5 at the highest level. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #4, 3385 N. Plainview Avenue) • Near Sewer Main (E. Longview Avenue and N. Plainview Avenue) • Near Water Main (E. Longview Avenue and N. Plainview Avenue) • Near Grocery Store (Harps and Whole Foods) • Near City Park (Lake Fayetteville, Gulley Park) • Near Paved Trail (Mud Creek Trail) • Near ORT Bus Stop (Route 30) • Near Razorback Bus Stop (Route 26) • Appropriate Future Land Use (Urban Center Area) 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 property is currently minimally developed, as well as are the immediate surroundings, but it is clear that development in a more commercial or mixed -use direction is forthcoming. Located just 800 feet west of N. College Avenue, and centered around a planned street connection and extension of N. Plainview Avenue into the Fiesta Square shopping center to the south, the site is an ideal location to increase the entitlement beyond strictly residential uses. UT is one of the highest Planning Commission February 14, 2022 Agenda Item 8 RZN-22-000002 City Center North, LLC. Page 3 of 18 intensity zoning districts within the City, allowing for auto -oriented uses, building heights of up to 7 stories, and mixed -use development. The form - based nature of the zoning district, as well as additional heighted architectural design standards that accompany the district help make the allowed uses compatible with the surrounding areas. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The northern portion of the site is designated as an Urban Center Area, which indicates an intent for the highest intensity of uses, tallest building heights, and regional retail, as well as more densely developed residential in close, connected proximity to commercial and neighborhood services. The infill score is high, which also matches the applicant's request. This zoning request has the potential to meet goals outlined by City Plan 2040 by encouraging density and development towards the urban center, as will allow for the creation of compact, complete and connected neighborhoods by bringing the potential for mixed -use development. The southern portion of the area is identified as a City Neighborhood Area, which indicates an intent for more densely developed residential in close, connected proximity to commercial and neighborhood services. While UT may not always be in perfect alignment with the City Neighborhood designation, which it typically meant to serve more local uses, in this instance, given the future planned street connections, proximity to regional infrastructure connections, and transit, staff finds the request is compatible here. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: A rezone from RSF-4 and RI-12 at this area to UT, Urban Thoroughfare is justified to help bring the area into alignment with the Future Land Use Map designations as an Urban Center Area and City Neighborhood Area. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to UT would certainly increase traffic at this site. While the current street infrastructure in the area is minimal, there are plans for a Plainview Drive extension through the Fiesta Square shopping center in conjunction with the 2019 Bond Projects. The added connection through this area mitigates concerns about any appreciable traffic increase to the area. The property also has close access to transit stops through both Ozark Regional Transit and Razorback Transit. 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 to UT would increase the potential population density, though given the available water and sewer infrastructure to the site, and the planned improvements to the area, staff does not find that this would be to Planning Commission February 14, 2022 Agenda Item 8 RZN-22-000002 City Center North, LLC. Page 4 of 18 an undesirable degree. The Fayetteville school district did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends approval of RZN-2022-000002. PLANNING COMMISSION ACTION: Required YES Date: February 14, 2022 O Tabled Forwarded O Denied Motion: Winston with a recommendation of approval. Second: Sparkman JVote: 9-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre o §161.11 District RI-12, Residential Intermediate, Twelve (12) Units Per Acre o §161.24 Urban Thoroughfare • Street Connection Exhibit • Applicant Request Letter • Applicant Site Exhibit • Applicant Exhibit — Development Illustration • One Mile Map Public Comment was received after staff • Close-up Map report initially published and has been • Current Land Use Map inserted. • Future Land Use Map Planning Commission February 14, 2022 Agenda Item 8 RZN-22-000002 City Center North, LLC. Page 5 of 18 161.07 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 Unit 46 Short-term rentals (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 dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per 8,000 square feet 6,000 square feet dwelling unit Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Planning Commission February 14, 2022 Agenda Item 8 RZN-22-000002 City Center North, LLC. Page 6 of 18 Building Height Maximum 1 3 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; Ord. No. 6427, §§1(Exh. C), 2, 4-20-2 1) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." 161.11 District RI-12, Residential Intermediate, Twelve (12) Units Per Acre (A) Purpose. The RI-12 Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a development potential between low density and medium density with less impact than medium density development, to encourage the development of areas with existing public facilities and to encourage the development of a greater variety of housing values. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (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 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre 1 12 (D) Bulk and Area Regulations. Single- Two (2) family Three (3) family family Lot width 50 feet 50 feet 90 feet minimum Lot area 5,000 square 7,260 square 10,890 square minimum feet feet feet. Planning Commission February 14, 2022 Agenda Item 8 RZN-22-000002 City Center North, LLC. Page 7 of 18 (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Uses & Two (2) Uses Single family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20- 10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§4, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6427 , §§l (Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." -21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6409 §1, 2-2-21) 161.24 Urban Thoroughfare (A) Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the surrounding communities. This district encourages a concentration of commercial and mixed use development that enhances function and appearance along major thoroughfares. Automobile -oriented development is prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96: Noise Control, the Urban Thoroughfare district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two 2 family dwellings Unit 10 Three (3) and four (4) family dwellings Planning Commission February 14, 2022 Agenda Item 8 RZN-22-000002 City Center North, LLC. Page 8 of 18 Unit 13 Eating places Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor store Unit 40 Sidewalk cafes Unit 41 Accessory Dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals 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 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 33 Adult live entertainment club or bar Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 38 Mini -storage units Unit 42 Clean technologies Unit 43 Animal boarding and training (C) Density. None (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family dwelling 18 feet All other dwellings None Non-residential None (2) Lot area minimum. None (E) Setback regulations. Front: A build -to zone that is located between 10 feet and a line 25 feet from the front property line. Side and rear: None Side or rear, when contiguous to 15 feet a single-family residential district: Planning Commission February 14, 2022 Agenda Item 8 RZN-22-000002 City Center North, LLC. Page 9 of 18 (F) Building Height Regulations. Building Height Maximum 1 5 stories/7 stories* * A building or a portion of a building that is located between 10 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 portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of seven (7) 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 single family 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) Minimum buildable street frontage. 50% of the lot width. (Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; 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, 8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6427 , §§l (Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Planning Commission February 14, 2022 Agenda Item 8 RZN-22-000002 City Center North, LLC. Page 10 of 18 HALL ESTILL fi R_1LYS ;\I 1-/ 'W January 4, 2022 VIA CITY OF FAYETTEVILLE PORTAL City of Fayetteville Planning Department City of Fayetteville Planning Commission 125 West Mountain Street Fayetteville, Arkansas 72701 Re: Rezoning of Parcels Robert K, Rhoads 75 N East Ave., Suite 500 Fayetteville, AR 72701-5388 Direct Dial: (479) 973-5202 rrhoads@hallestill.com Portion of 765-15767-000, 765-15751-000, 765-07401-000, 765-07402-000, 765-07403-000, 765-07404-000, & 765-15757-000 To Whom It May Concern: Portion of 765-15767-000, 765-15751-000, 765-07401-000, 765-07402-000, 765-07403-000, This letter is in regard to rezoning parcel . 765-07404-000 from its current designation of RSF-4 and parcel 765-15757-000 from RI-12 to Urban Thoroughfare (UT). I represent the owners (City Center North, LLC) of said pareels. These properties are located west of College Avenue next to the Lewis Chrysler Ford Dealership. UT is designed to provide goods and services for persons living in the surrounding communities. UT encourages a concentration of commercial and mixed use development along major thoroughfares. Automobile -oriented development is prevalent within UT and a wide range of commercial uses is permitted. Further the UT district is considered to be in a line with future land use plans for this area and which is Urban Center and City Neighborhood. With the projected changes in this area, the extension of Plainview Avenue and the future land use plans we feel the proposed rezoning is in line and very compatible with the future plans of the city and will not unreasonably affect; in any adverse way the surrounding land uses. Sincerely yours, Hall, Estill, Hardwick, Gable, Golden & Nets P.C. Robert K. Rhoads City Center North, LLC By: Z� n2AI\ D, Managing Member 51235791:0 919,00001 Hall, Estill, Hardwick, Gable, Golden & Nelson, PC. Tulsa • Oklahoma City • Northwest Arkansas • Denver wvvw.hallestill.com Planning Commission February 14, 2022 Agenda Item 8 RZN-22-000002 City Center North, LLC. Page 11 of 18 From: Planning Shared <planning@fayetteville-ar.gov> Sent: Monday, February 14, 2022 10:22 AM To: Harrison, Gretchen <gharrison@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville- a r.gov> Subject: FW: Planning meeting feb 14, agenda item RZN-22-000001 Jessie, I believe this should be RZN-2022-000002. Thank you. Andy Harrison Development Coordinator Planning Division 125 W. Mountain City of Fayetteville, Arkansas 72701 aharrison(@fayetteville-ar.gov T 479.575.8267 1 F 479.575.8202 Website I Facebook I Twitter I Instagram I YouTube CITY OF FAYETTEVILLE ARKANSAS From: Marilyn Miller [mailto:mml3egm@gmail.com] Sent: Monday, February 14, 2022 10:11 AM To: Planning Shared <planning@favetteville-ar.gov> Subject: Planning meeting feb 14, agenda item RZN-22-000001 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good day folks, I am writing to put in a protest with regard to this agenda. My Mom, a WWII Army Veteran lives at 710 E. Longview and is directly impacted by the proposed rezoning. R-S4 is a much lower density than the proposed R-12. Kenray St is not a street, but a dirt track leading to an open area, Tract 2. My Mom's house is currently surrounded by this open space which could be maintained as such providing relief for the surrounding neighborhoods and the wildlife in this remaining area. My Mom has been in her house for over 60 years and has enjoyed this special area of town. Yes, she is just one person, but due to past rezoning decisions, an entire neighborhood was removed from existence. Please consider that this rezoning request adds another neighborhood to the list of previous residential areas, especially the small quiet areas of Fayetteville. Why does Fayetteville feel tearing down trees, ripping up open space and building architectural boxes enhance the quality of life? Marilyn Miller mml3egm@gmail.com Rezoning Vicinity Map 98` 938 fn ,. .. TRACT 1 — 23A-42 ATL-213 - ' TRACT 2 - 92xrs92/17S TRACT 3 R-0 � m i RI'-1 I 73a/411 I 761".3s6 ` 7s4/.,66 LAND AREA r TRACT #1.1 - ± 2.55 AC TRACT #2 - ± 1.00 AC TRACT #3 - ± 2.30 AC t ! R-A451 , 6231 `Imag,ery TOTAL - ± 5.85 AC FayetteviIle, A- 12/28/2021, 8:29:10AM 1:2,257 0 0.0175 0.035 0.07 mi Right -of -Way Private Avigation Easement 11 ., .. I ,T, , , , . I I AHTD RR Drainage Easement 0 0.03 0.06 0.12 km Farmington Springdale Conservation Easement Fayetteville University of Arkansas Landscape Easement Tha data contained herein was compiled from various sources for the sole use and benefit of the City of Fayetteville Geographic Information system and the public agencies it serves. Goshen Any use of the data by anyone other than he City of Fayetteville Is at the sole risk of the U Washington County Sidewalk Easement user; and by acceptan a of this data, the userdoes herebyagree to indemnify are City of Fayetteville and hold the City of Fayetteville harmless from and without liability for any Greenland aims, actions, coslfordemages of any nature, including the city's cost of defense, asserted General Utility Easement Trail Easement w user or by another arising from me use orinss data The City of Fapµ�c� mmission Johnson express or implied warrantees wllh reference to the data. No word, phrase, r faun f herein shall be anns tru ad to waive that tort immunity set forth under Arkansas lawebruary 14, 2022 Access Easement Tree Preservation Easement Agenda Item 8 RZN-22-000002 City Center North, LLC. Page 12 of 18 00000000001 \ \ \) ) \ \ \ \ \ k z ~ \ § ) \ \ G. t - - - - 2 _ 2 ; ( ( \ z§ , : : : j m § n /� ( .§ . &[Zm*«\)% - jf\k)°° \ — ... 2 «^222)p : lqFoo ,. 7 §/ $ c EEGEAmuE� ~ »■)� /gam j§/) \\ �._ . . n _ . . ■� : 1 \. q 2 r ° ° LEWIS FORD MASTER PLAN 1 1i § Ili 1 !' �� :C /;j� o « |0`zp | I� ;&§\§ p- �w ƒ �1 | ) �� Commission ew w,mD 7da6me RZN-6mm2City Center North, ELC. Page 13¥q STAFF STREET CONNECTION EXHIBIT RZN-2022-000002 - +--� Millsap Road 1 .. I Masonic Drive j �♦'� _ Longview Street �= �— —= �• Harold Street a �_. ► Plainview 17 Connector - te- •- Rolling Hills Drive Subject Properties Planning Commission February 14, 2022 Agenda Item 8 RZN-22-000002 City Center North, LLC. Page 14 of 18 Agenda Item 8 RZN-22-000002 City Center North, LLC. Page 15 of 18 RZN-2022-000002 Close Up View ------------ -LONGVIEWST ■ i Planned Residential Link - - - Trail (Proposed) Design Overlay District Planning Area ' Fayetteville City Limits L City Center North, LLC 0 75 150 P-1 R-A "kCNKAY'J I Proposed LIT Feet 300 450 1 inch = 200 feet :11 A& NORTH Zoninq Acres UT 5.9 Total 5.9 Planning .1@h. ssion 2022 Agenda Item 8 RZN-22-000002 City Center North, LLC. Page 16 of 18 ssion 2022 Agenda Item 8 RZN-22-000002 City Center North, LLC. Page 17 of 18 ssion 2022 Agenda Item 8 RZN-22-000002 City Center North, LLC. Page 18 of 18