Action Recommendation: Budget Impact:

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1 City of Fayetteville Staff Review Form Legistar File ID 10/16/2018 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Garner Stoll Submitted By 9/28/2018 Submitted Date Action Recommendation: City Planning / Development Services Department Division / Department RZN : Rezone (2234 E. ZION RD./SAGELY PLACE, 137): Submitted by ENGINEERING SERVICES, INC. for property located at 2234 E. ZION RD. The property is zoned R-A, RESIDENTIAL AGRICULTURE and contains approximately 2.53 acres. The request is to rezone the site to NS-G, NEIGHBORHOOD SERVICES-GENERAL. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance $ - Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ - Must Attach Completed Budget Adjustment Previous Ordinance or Resolution # V Original Contract Number: Approval Date: Comments:

2 MEETING OF OCTOBER 16, 2018 TO: THRU: FROM: Mayor, Fayetteville City Council Garner Stoll, Development Services Director Harry Davis, Current Planner DATE: September 28, 2018 SUBJECT: RZN : Rezone (2234 E. ZION RD./SAGELY PLACE, 137): Submitted by ENGINEERING SERVICES, INC. for property located at 2234 E. ZION RD. The property is zoned R-A, RESIDENTIAL AGRICULTURE and contains approximately 2.53 acres. The request is to rezone the site to NS-G, NEIGHBORHOOD SERVICES-GENERAL. RECOMMENDATION: The Planning Commission and staff recommend approval of the requested rezoning as depicted in Exhibits A and B. BACKGROUND: The subject property is approximately 2.53 acres zoned R-A, Residential Agricultural north of the intersection of Zion Road and Old Missouri Road. The property is currently undergoing Large Scale Development development review ( ) connected to a Residential Planned Zoning District proposal ( ) for the proposed Sagely Place Subdivision. The subject property is located in the southwest corner of a larger acre parcel. Request: The request is to rezone the parcel from R-A to NS-G, Neighborhood Services, General. The applicant stated the rezoning will create a small commercial center for use by surrounding neighborhoods. Public Comment: Staff has met with the adjoining Lakewood Subdivision and heard many concerns about traffic on existing streets and alleyways. Many residents are concerned about increased traffic in the area. Representatives and residents of Lakewood have indicated their intent to attend and provide input at all public meetings regarding this proposal. Land Use Compatibility: The proposed zoning is compatible with the surrounding properties. NS- G is limited in size and density of residential properties and restrictive in size for other uses, which make it compatible with nearby properties. Due to the size of the proposed rezone area, the proposed Sagely Subdivision to the north, and the anticipated future infill west along Zion Road, staff does not anticipate an 18 unit per acre density or low- to medium-intensity commercial buildings to be detrimental to surrounding properties and uses.

3 Land Use Plan Analysis: Staff believes that the proposal is compatible with the goals in City Plan 2030, adopted land use policies, and the future land use designation for this location. This property, designated as a City Neighborhood Area, envisions many different uses in different mixed-use configurations. NS-G would accomplish allowing a range of uses not allowed by-right or found in the neighborhood. NS-G promotes traditional neighborhood development by requiring new buildings be located closer to the street and parking to the rear or side of buildings. For this location in particular, having a higher-density development at the intersection of two Collector streets (Zion Road and Old Missouri Road) would contribute to a transect of density and intensity from Zion Road to the proposed Sagely Place Subdivision north and northeast of the proposed rezone area. DISCUSSION: At the September 24, 2018 Planning Commission meeting, this item was forwarded with a recommendation for approval by a vote of BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Planning Commission Staff Report

4 RZN Close Up View SAGELY PLACE COMMERCE EXHIBIT 'A' R-A Subject Property ZION RD CINNAMON WAY WYNDHAM CT OLD MISSOURI RD RMF-24 N RSF-4 Zoning Acres Legend Planning Area Fayetteville City Limits Building Footprint Feet inch = 200 feet N/A 3.0 Total 3.0

5 EXHIBIT 'B' PROPERTY DESCRIPTION FOR THE COMMERCIAL LOTS A PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION TWENTY-FOUR (24), 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 THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 24 S E A DISTANCE OF FEET TO THE POINT OF BEGINNING; THENCE S E A DISTANCE OF FEET; THENCE ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF FEET, AN ARC LENGTH OF FEET, AND A CHORD BEARING & DISTANCE OF N E FEET; THENCE ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RAIUS OF FEET, AN ARC LENGTH OF FEET, AND A CHORD BEARING & DISTANCE OF N E FEET; THENCE ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF FEET, AN ARC LENGTH OF FEET, AND CHORD BEARING & DISTANCE OF S E FEET; THENCE S E A DISTANCE OF FEET; THENCE ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF FEET, AN ARC LENGTH OF 9.86 FEET, AND A CHORD BEARING & DISTANCE OF S E 9.84 FEET; THENCE S E A DISTANCE OF FEET; THENCE S W A DISTANCE OF FEET TO THE NORTHERLY RIGHT OF WAY OF ZION ROAD; THENCE ALONG SAID RIGHT OF WAY N W A DISTANCE OF FEET; THENCE N W A DISTANCE OF FEET; THENCE LEAVING SAID RIGHT OF WAY N E A DISTANCE OF FEET TO THE POINT OF BEGINNING AND CONTAINING 2.53 ACRES (110,327 SQUARE FEET), MORE OR LESS, SUBJECT TO THE RIGHT OF WAY OF ZION ROAD ON THE SOUTH SIDE THEREOF, AND ALL RIGHT OF WAY, EASEMENTS OR RESTRICTIVE COVENANTS OF RECORD OR FACT.

6 TO: THRU: FROM: Fayetteville Planning Commission Andrew Garner, City Planning Director Harry Davis, Planner MEETING DATE: September 24, 2018 UPDATED W PC RESULTS SUBJECT: RZN : Rezone (2234 E. ZION RD./SAGELY PLACE, 137): Submitted by ENGINEERING SERVICES, INC. for property located at 2234 E. ZION RD. The property is zoned R-A, RESIDENTIAL AGRICULTURE and contains approximately 2.53 acres. The request is to rezone the site to NS-G, NEIGHBORHOOD SERVICES-GENERAL. RECOMMENDATION: Staff recommends forwarding RZN to City Council, based on the findings contained in this report. RECOMMENDED MOTION: I move to forward RZN to City Council with a recommendation for approval. BACKGROUND: The subject property is approximately 2.53 acres zoned R-A, Residential Agricultural north of the intersection of Zion Road and Old Missouri Road. The property is currently undergoing Large Scale Development development review ( ) connected to a Residential Planned Zoning District proposal ( ) for the proposed Sagely Place Subdivision. The subject property is located in the southwest corner of a larger acre parcel. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Undeveloped R-A, Residential Agricultural South Residential/Missouri Oaks Subdivision R-A, Residential Agricultural/ RMF-24, Residential Multi-family 24 s per Acre East Lakewood Subdivision R-PZD, Residential Planned Zoning District West Undeveloped R-A, Residential Agricultural Request: The request is to rezone the parcel from R-A to NS-G, Neighborhood Services, General. The applicant stated the rezoning will create a small commercial center for use by surrounding neighborhoods. Public Comment: Staff has met with the adjoining Lakewood Subdivision and heard many concerns about traffic on existing streets and alleyways. Many residents are concerned about increased traffic in the area. Representatives and residents of Lakewood have indicated their intent to attend and provide input at all public meetings regarding this proposal.

7 INFRASTRUCTURE: Streets: Water: Sewer: Drainage: Fire: The subject parcel has access to Zion Road, a Collector street. Zion Road is an unimproved two-lane asphalt street with no sidewalk, no curb and gutter, and no storm drains. Any street improvements required in these areas would be determined at the time of development proposal. Public water is available to the parcel. There is an existing 12-inch main that runs along east Zion Road. Sanitary Sewer is available to the site. There is an existing 10-inch main that runs along east Zion Road. No portion of this property is identified as FEMA regulated floodplain. The parcel does lay within the HHOD. There are no protected streams on this parcel. There are no hydric soils identified on this parcel. Any additional improvements or requirements for drainage will be determined at time of development. The Fire Department has no comments regarding the rezoning request. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. The site will be protected by Ladder 5, located at 2979 N. Crossover Road. The property is located approximately 2.4 miles from the fire station with an anticipated drive time of approximately 4 minutes. The anticipated response time would be approximately 6.2 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 did not comment on the rezoning, but discussed with staff that there have been a number of vehicular accidents in the vicinity of the intersection of Zion Road and Old Missouri Road. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the properties within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single family to multi-family. City Neighborhood Areas encourage complete, compact and connected neighborhoods and non-residential uses are intended to serve the residents of Fayetteville, rather than a regional population. While they encourage dense development patterns, they do recognize existing conventional strip commercial developments and their potential for future redevelopment in a more efficient urban layout. FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Plan Analysis: Staff believes that the proposal is compatible with G:\ETC\Development Services Review\2018\Development Review\ RZN N. of Old Missouri Rd. & E. Zion Rd. (Sagely Place) 137\

8 the goals in City Plan 2030, adopted land use policies, and the future land use designation for this location. This property, designated as a City Neighborhood Area, envisions many different uses in different mixed-use configurations. NS-G would accomplish allowing a range of uses not allowed by-right or found in the neighborhood. NS-G promotes traditional neighborhood development by requiring new buildings be located closer to the street and parking to the rear or side of buildings. For this location in particular, having a higher-density development at the intersection of two Collector streets (Zion Road and Old Missouri Road) would contribute to a transect of density and intensity from Zion Road to the proposed Sagely Place Subdivision north and northeast of the proposed rezone area. Land Use Compatibility: The proposed zoning is compatible with the surrounding properties. NS-G is limited in size and density of residential properties and restrictive in size for other uses, which make it compatible with nearby properties. Due to the size of the proposed rezone area, the proposed Sagely Subdivision to the north, and the anticipated future infill west along Zion Road, staff does not anticipate an 18 unit per acre density or low- to medium-intensity commercial buildings to be detrimental to surrounding properties and uses. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff believes that there is sufficient justification for rezoning the property to NS-G. This justification includes diversifying the mix of uses along the perimeter of the neighborhood and on a Collector roadway. When coupled with the proposed Sagely Place R-PZD, this proposal will be complete, cohesive, and compatible. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to NS-G would increase traffic to this location above the potential of the current zoning district, but the impact is not expected to be significant given the surrounding road network. Staff does anticipate street improvements as part of a future development proposal, but significant and complete improvements to Zion Road may be covered under a proposed bond issue to be voted on within a year or two from the current date. 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 NS-G would increase the load on public services above the potential of the current zoning district, but the impact is not expected to be significant given the evaluation by the various city divisions. 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: G:\ETC\Development Services Review\2018\Development Review\ RZN N. of Old Missouri Rd. & E. Zion Rd. (Sagely Place) 137\

9 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 to City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES Date: September 24, 2018 Tabled Forwarded Denied Motion: Winston Second: Scroggin Vote: Motion to fwd to CC with recommendation for approval Motion passes BUDGET/STAFF IMPACT: None Attachments: Unified Development Code: o District R-A, Residential-Agricultural o District NS-G, Neighborhood Services - General Request letter One Mile Map Close-up Map Current Land Use Map Future Land Use Map G:\ETC\Development Services Review\2018\Development Review\ RZN N. of Old Missouri Rd. & E. Zion Rd. (Sagely Place) 137\

10 District R-A, Residential-Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses City-wide uses by right Public protection and utility facilities Agriculture Animal husbandry Single-family dwellings Two-family dwellings Manufactured homes Accessory dwellings Animal boarding and training (2) Conditional Uses City-wide uses by conditional use permit Cultural and recreational facilities Government facilities Commercial recreation, large sites Home occupations Outdoor Music Establishments Wireless communications facilities Clean technologies (C) Density. s per acre One-half (½) (D) Bulk and Area Regulations. Lot width minimum Lot Area Minimum: 200 feet G:\ETC\Development Services Review\2018\Development Review\ RZN N. of Old Missouri Rd. & E. Zion Rd. (Sagely Place) 137\

11 Residential: Nonresidential: Lot area per dwelling unit 2 acres 2 acres 2 acres (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story 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 one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, ; Code 1991, ; Ord. No. 4100, 2 (Ex. A), ; Ord. No. 4178, ; Ord. No. 5028, ; Ord. No. 5128, ; Ord. No. 5195, ; Ord. No. 5238, ; Ord. No. 5479, ; Ord. No. 5945, 3, ; Ord. No. 6015, 1(Exh. A), ) G:\ETC\Development Services Review\2018\Development Review\ RZN N. of Old Missouri Rd. & E. Zion Rd. (Sagely Place) 137\

12 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. 1 City-wide uses by right 8 Single-family dwellings 9 Two-family dwellings 10 Three (3) and four (4) family dwellings 12b General business 24 Home occupations 41 Accessory dwelling units 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 City-wide uses by conditional use permit Public protection and utility facilities Cultural and recreational facilities Government facilities Eating places Shopping goods Commercial recreation, small sites Offices, studios and related services Multi-family dwellings Wireless communication facilities Sidewalk cafes Small scale production G:\ETC\Development Services Review\2018\Development Review\ RZN N. of Old Missouri Rd. & E. Zion Rd. (Sagely Place) 137\

13 (C) Density. Eighteen (18) or less per acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings All other uses 35 feet 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. Front Side Side-Zero Lot Line* Rear Rear when contiguous to a single-family residential district A build-to zone that is located between the front property line and a line 25 feet from the front property line. 5 feet A setback of less than 5 feet (zero lot line) is permitted on one interior side, provided a maintenance agreement is filed**. The remaining side setback(s) shall be 10 feet. None 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945, 7(Exh. A), ; Ord. No. 6015, 1(Exh. A), ) G:\ETC\Development Services Review\2018\Development Review\ RZN N. of Old Missouri Rd. & E. Zion Rd. (Sagely Place) 137\

14 ENGINEERING SERVICES INC S. Old Missouri Rd. P.O. Box 282 Springdale, Arkansas Ph: Fax: July 18, 2018 City of Fayetteville 125 W. Mountain Street Fayetteville, AR RE: Rezoning Request Sagely Place Subdivision Dear Sir or Ma am: Please let this letter serve as a narrative to accompany the Rezone Request for the remainder of the Sagely Place Subdivision not within the Planned Zoning District (PZD). After discussions with City planning staff, it was requested that this portion of the PZD be removed and resubmitted separately as its own rezoning request. The PZD is being submitted tandemly with this rezone request, so as to explain the desired intent for the land. The project is located off of East Zion Road, approximately 2900 linear feet west of the intersection of East Zion Road and North Crossover Road (Highway 265.) It is currently owned by Zelma Corley Ostendorf Revocable Trust, but is under contract with Riggins Construction. The entirety of the property is 24.6 acres, with 21.6 acres being submitted as a Planned Zoning District (PZD) consisting of residential buildings and POA land. The remaining 3.0 acres is being requested to be rezoned to Neighborhood Services General (NS G) from Residential Agriculture (R A) in order to support a combination of General Business and Multi Family Residential. The Fayetteville Future Land Use plan shows this parcel to be City Neighborhood Area, which is intended to be dense neighborhood areas with a varying mix of nonresidential and residential uses. The proposed zoning for this remaining piece from R A to NS G fits in well with this Future Land Use, as this presents a combination of dense residential (proposed with the Planned Zoning District) and general business/multi family proposed with this piece requested to be rezoned. It also fits into the City Plan 2030, as the non residential uses will be located along connecting corridors (E Zion Road). The requested rezone for this 3.0 acre tract of land fits in well with surrounding areas, which largely consists of high density residential, with some C 1 and R O to the east of the property, as well as a commercial PZD west of the property off of N Vantage Drive. Brian J. Moore, P.E. Tim J. Mays, P.E. Jason Appel, P.E. Jerry W. Martin President Vice President Secretary/Treasurer Chairman of the Board

15 ENGINEERING SERVICES INC S. Old Missouri Rd. P.O. Box 282 Springdale, Arkansas Ph: Fax: There are adequate existing and proposed water and sewer mains in the area which the development will be able to obtain service from. It is also not believed that any development on these lots will create any significant amount of traffic onto E Zion Road. A traffic study has been performed for E Zion Road with regards to the Planned Zoned District. In this report, it was recommended that a left turn lane be added to the future E Zion Road improvements in order to serve the development. Please let me know if I can answer any questions. Sincerely, Blake Murray, P.E., CFM Project Engineer Brian J. Moore, P.E. Tim J. Mays, P.E. Jason Appel, P.E. Jerry W. Martin President Vice President Secretary/Treasurer Chairman of the Board

16 RZN One Mile View SAGELY PLACE COMMERCE N Miles R-A CPZD Subject Property RPZD ZION RD CS RD OLD MISSOURI NC P-1 VANTAGE DR RMF-24 STEARNS ST RSF-4 CROSSOVER RD C-3 C-2 R-O C-1 Legend Planning Area Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint Planning Area Fayetteville City Limits Zoning EXTRACTION RESIDENTIAL SINGLE-FAMILY E-1 Residential-Agricultural COMMERCIAL RSF-.5 Residential-Office RSF-1 C-1 RSF-2 C-2 RSF-4 C-3 RSF-7 FORM BASED DISTRICTS RSF-8 Downtown Core RSF-18 Urban Thoroughfare RESIDENTIAL MULTI-FAMILY Main Street Center RT-12 Residential Two and Three-family Downtown General RMF-6 Community Services RMF-12 Neighborhood Services RMF-18 Neighborhood Conservation RMF-24 PLANNED ZONING DISTRICTS RMF-40 Commercial, Industrial, Residential INDUSTRIAL INSTITUTIONAL I-1 Heavy Commercial and Light Industrial P-1 I-2 General Industrial

17 RZN Close Up View SAGELY PLACE COMMERCE R-A Subject Property ZION RD CINNAMON WAY WYNDHAM CT OLD MISSOURI RD RMF-24 N RSF-4 Zoning Acres Legend Planning Area Fayetteville City Limits Building Footprint Feet inch = 200 feet N/A 3.0 Total 3.0

18 N Current Land Use BEGONIA LN SAGELY PLACE COMMERCE RZN ALLEY 4399 FRONTIER ELM DR Undeveloped ALLEY 4360 Subject Property Undeveloped Single Family Single Family IS M LN O LD HONEYSUCKLE LN SO UR IR D CINN AMON WAY BE NT W O O D FRAZIER TER Streets Existing MSP Class COLLECTOR Planning Area Fayetteville City Limits Feet inch = 300 feet 900 TALIESIN LN ZION RD

19 Shared RZN SAGELY PLACE COMMERCE N Future Land Use ALLEY 4399 FRONTIER ELM DR ALLEY 4360 Subject Property ZION RD CINNAMON WAY TALIESIN LN CAMBRAY DR FRAZIER TER HONEYSUCKLE LN OLD MISSOURI RD BENTWOOD LN Legend Planning Area Fayetteville City Limits Use Paved Trail Building Footprint Feet ,160 1 inch = 400 feet FUTURE LAND USE 2030 Residential Neighborhood Area City Neighborhood Area Civic and Private Open Space/Parks