Action Recommendation: Budget Impact:

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1 City of Fayetteville Staff Review Form Legistar File ID 1/3/2019 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Garner Stoll 12/14/2018 CITY PLANNING (630) Submitted By Submitted Date Action Recommendation: Division / Department RZN : Rezone (312 E. NORTH ST./THOMPSON, 407): Submitted by QUIN THOMPSON for property located at 312 E. NORTH ST. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.26 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION. 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 $ - Purchase Order Number: Must Attach Completed Budget Adjustment! Previous Ordinance or Resolution # V Change Order Number: Approval Date: Original Contract Number: Comments:

2 MEETING OF JANUARY 3, 2019 TO: THRU: FROM: Mayor; Fayetteville City Council Garner Stoll, Development Services Director Andrew Garner, City Planning Director DATE: December 11, 2018 SUBJECT: RZN : Rezone (312 E. NORTH ST./THOMPSON, 407): Submitted by QUIN THOMPSON for property located at 312 E. NORTH ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.26 acres. The request is to rezone the parcel to NC, NEIGHBORHOOD CONSERVATION. RECOMMENDATION: recommend approval of an ordinance to rezone the subject property to NC, Neighborhood Conservation as shown in the attached Exhibits A and B. BACKGROUND: The subject property of approximately 0.26 acres is located at 312 E. North Street within the Wahneetah Heights neighborhood. The parcel is zoned RSF-4, Residential Single Family Four Units per Acre and is developed with a single-family home built in the 1950 s. Request: The request is to rezone the property from RSF-4, Residential Single Family Four Units per Acre to NC, Neighborhood Conservation. The applicant has indicated a desire to split the parcel and build a single-family dwelling on the new parcel. The property is not large enough to be subdivided under the existing RSF-4 district. Land Use Compatibility: The proposal would result in one parcel of NC amid this established and stable RSF-4 neighborhood. NC zoning has different bulk and area requirements than surrounding properties that were platted and built with lots much larger than allowed under NC. The minimums in the NC district are 40-foot lot width and 4,000 SF lot area; compared to 70-foot and 8,000 SF, respectively, in the RSF-4 district. Further, the NC district has a front build-to zone requiring buildings close to the street, and allows buildings to be placed with a zero-foot front setback. This is out of character with this well-established neighborhood where most homes are set back 25 feet or more from the adjacent streets. This rezoning is not comparable to recent rezonings to form-based districts in other neighborhoods such as Walker Park that were originally developed with narrow lots and dwellings built closer to the street. Land Use Plan Analysis: City Plan 2030 states that appropriate infill is a priority. The City s comprehensive plan acknowledges the value of increasing density in locations where City

3 services and utilities already exist, but only where it reflects the existing community character. The pattern of NC zoning does not reflect the community character of the surrounding, stable neighborhoods that are fully built out. Infill can be appropriately accomplished on this property using existing tools in the RSF-4 district such as accessory dwelling units. Goal 3 of City Plan describes how neighborhoods should be built following an orderly transect, not overly focused on building type but on form. The NC district would be inconsistent with the form of this older neighborhood. While the rezoning could further some of the city s goals, this neighborhood is not in need of revitalization or redevelopment that would be encouraged with this rezoning. DISCUSSION: On December 11, 2018, the forwarded the proposal to City Council with a recommendation for approval by a vote of BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Staff Report 2

4 RZN Close Up View Thompson EXHIBIT 'A' C-2 WASHINGTON AVE OAKWOOD ST ALLEY 250 WANEETAH AVE Subject Property HILLCREST AVE LAKERIDGE DR NORTH ST NS-G UT RSF-4 BAXTER LN NS-L N Legend Hillside-Hilltop Overlay District Planning Area Fayetteville City Limits Trail (Proposed) Design Overlay District Building Footprint Feet inch = 200 feet Zoning Acres NC 0.2 Total 0.2

5 EXHIBIT 'B'

6 TO: FROM: City of Fayetteville Andrew Garner, City Planning Director MEETING DATE: (Updated with results) SUBJECT: RZN : Rezone (312 E. NORTH ST./THOMPSON, 407): Submitted by QUIN THOMPSON for property located at 312 E. NORTH ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.26 acres. The request is to rezone the parcel to NC, NEIGHBORHOOD CONSERVATION. RECOMMENDATION: This is a unique situation where the applicant is a long-standing colleague in the City Planning Division and the property owner. Staff feels uncomfortable making a recommendation. BACKGROUND: The subject property of approximately 0.26 acres is located at 312 E. North Street within the Wahneetah Heights neighborhood. The parcel is zoned RSF-4, Residential Single Family Four Units per Acre and is developed with a single-family home built in the 1950 s. The surrounding land use and zoning is in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Single family dwelling RSF-4, Residential Single Family Four Units per Acre South Single family dwelling RSF-4, Residential Single Family Four Units per Acre East Single family dwelling RSF-4, Residential Single Family Four Units per Acre West Single family dwelling RSF-4, Residential Single Family Four Units per Acre Request: The request is to rezone the subject property from RSF-4 to NC, Neighborhood Conservation. The applicant has indicated a desire to split the parcel and build a single-family dwelling on the new parcel. Public Comment: Staff has not received public comment. INFRASTRUCTURE: Streets: The subject parcel is bordered by North Street on the south, an unimproved Principal Arterial with two lanes and curb on either side. The parcel is bordered by North Waneetah Avenue on the west, an unimproved local street with an open ditch. Any street improvements required in these areas would be determined at the Page 1 of 12

7 Water: Sewer: Drainage: Fire: Police: time of development. Additional improvements or requirements for drainage will be determined at time of development. Public water is available to the subject parcel. There is a 12-inch and 2.25-inch water main that runs along East North Street and a 6-inch and 2.25-inch water main that runs along North Waneetah Avenue. Sanitary Sewer is available to the subject parcel. There is a 6-inch sanitary sewer main that runs along the south and east parcel lines and an 8-inch sanitary sewer main that runs along the west parcel line. No portion of this property is identified as FEMA regulated floodplains. No part of the parcel lies 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. This site is protected by Ladder 2, located at 708 N. Garland Avenue. The property is located approximately 1.4 miles from the fire station with an anticipated response time of approximately 6 minutes using existing streets. The Fire Department has no concerns with this request. The Police Department expressed no concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Map designates the site as a Residential Neighborhood Area. 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 Compatibility: The proposed NC zoning is not compatible with the surrounding properties. The proposal would result in an isolated parcel of NC in the midst of this established and stable RSF-4 neighborhood. NC zoning has much different bulk and area requirements than surrounding properties that were platted and built with lots much larger than allowed under NC. Further, the NC district has a front build-to zone requiring buildings close to the street, and allows buildings to be placed with a zerofoot front setback. This is out of character with the transect of this wellestablished neighborhood where most homes are set back 25 feet or more from the street. The proposed zoning would not introduce a different typology, but would introduce an inconsistent development pattern into this older neighborhood. This rezoning is not comparable to recent rezonings to form-based districts in other neighborhoods such as Walker Park that were originally developed with narrow lots and dwellings built closer to the street. Land Use Plan Analysis: City Plan 2030 states that appropriate infill is a priority. The City s comprehensive plan acknowledges the value of increasing density in locations where City services and utilities already exist, but only where it reflects the existing community character. The pattern of NC zoning does not reflect the existing community character of the surrounding, stable neighborhoods that are fully built out. While the G:\ETC\Development Services Review\2018\Development Review\ RZN 312 E. North St. (Thompson) 407\03 Planning Commission\ \Comments and Redlines Page 2 of 12

8 rezoning could further some of the city s goals, this neighborhood is not in need of revitalization or redevelopment that would be encouraged with this rezoning. Infill can be more appropriately accomplished on this property using existing tools in the RSF-4 district such as accessory dwelling units. Goal 3 of City Plan describes how neighborhoods should be built following an orderly transect, not overly focused on building type but on form. As indicated previously, the NC district would be inconsistent with the transect and pattern language of this older neighborhood. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The property has been successfully utilized for a single-family dwelling under the RSF-4 zoning for many years. As indicated in the previous finding, if the property owner desires additional density, using existing tools in the RSF-4 district such as accessory dwelling units or a conditional use permit would be more appropriate than a rezoning. Staff does not feel the zoning is justified. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to NC may create an increase in traffic danger. This portion of North Street is steep with difficult visibility and relatively high volumes and speeds of traffic. Rezoning this property would add vehicle trips to a situation with limited visibility. The property does have access to W. Waneetah Avenue which is a lower classification street that intersects North Street. 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 this property from RSF-4 to NC will not adversely increase load on public services. 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 G:\ETC\Development Services Review\2018\Development Review\ RZN 312 E. North St. (Thompson) 407\03 Planning Commission\ \Comments and Redlines Page 3 of 12

9 PLANNING COMMISSION ACTION: Required YES Date: Tabled x Forwarded Denied Motion: Winston Second: Johnson Vote: Note: recommend approval BUDGET/STAFF IMPACT: None Attachments: Unified Development Code sections and Fire Department memo 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 312 E. North St. (Thompson) 407\03 Planning Commission\ \Comments and Redlines Page 4 of 12

10 Fayetteville Unified Development Code District RSF-4, Residential Single- Family - Four (4) Units Per Acre (A) (B) 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. Uses. (1) Permitted Uses. Unit 1 Unit 8 Unit 41 (2) Conditional Uses. City-wide uses by right Single-family dwellings Accessory dwellings Lot minimum width Lot area minimum Land area per dwelling unit Hillside Overlay District Lot minimum width Hillside Overlay District Lot area minimum Land area per dwelling unit Single-family dwellings Two (2) family dwellings 70 feet 80 feet 8,000 square feet 8,000 square feet 12,000 square feet 6,000 square feet 60 feet 70 feet 8,000 square feet 8,000 square feet 12,000 square feet 6,000 square feet Unit 2 Unit 3 Unit 4 Unit 5 Unit 9 Unit 12a Unit 24 Unit 36 Unit 44 (C) Density. City-wide uses by conditional use permit Public protection and utility facilities Cultural and recreational facilities Government facilities Two-family dwellings Limited business Home occupations Wireless communications facilities Cluster Housing Development Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. (G) Building Height Maximum 3 stories Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, ; Ord. No. 4100, 2 (Ex. A), ; Ord. No. 4178, ; Ord. No. 4858, ; Ord. No. 5028, ; Ord. No. 5128, ; Ord. No. 5224, ; Ord. No. 5312, ; Ord. No. 5462, ; Ord. No. 5921, 1, ; Ord. No. 5945, 8, ; Ord. No. 6015, 1(Exh. A), ) G:\ETC\Development Services Review\2018\Development Review\ RZN 312 E. North St. (Thompson) 407\03 Planning Commission\ \Comments and Redlines Page 5 of 12

11 Neighborhood Conservation (A) (B) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. Uses. (1) Permitted Uses. Unit 1 Unit 8 Unit 41 City-wide uses by right Single-family dwellings Accessory dwellings Two Family Three Family 80 feet 90 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. Front Side Rear Rear, from center line of an alley A build-to zone that is located between the front property line and a line 25 feet from the front property line. 5 feet 5 feet 12 feet (F) Building Height Regulations. Building Height Maximum 3 stories Unit 2 Unit 3 Unit 4 Unit 9 (2) Conditional Uses. City-wide uses by conditional use permit Public protection and utility facilities Cultural and recreational facilities Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12a Unit 24 Unit 25 Unit 28 Unit 36 Unit 44 Limited business* Home occupations Offices, studios, and related services Center for collecting recyclable materials Wireless communication facilities Cluster Housing Development (Ord. No. 5128, ; Ord. No. 5312, ; Ord. No. 5462, ; Ord. No. 5592, ; Ord. No. 5664, ; Ord. No. 5800, 1(Exh. A), >; Ord. No. 5921, 1, ; Ord. No. 5945, 5, 7 9, ; Ord. No. 6015, 1(Exh. A), ) (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single Family 40 feet G:\ETC\Development Services Review\2018\Development Review\ RZN 312 E. North St. (Thompson) 407\03 Planning Commission\ \Comments and Redlines Page 6 of 12

12 TO: CC: FROM: Andrew Garner, Planner Assistant Chief Brad Hardin Battalion Chief Brian Sloat, Fire Marshal Rodney Colson, Fire Protection Engineer DATE: November 6, 2018 SUBJECT: RZN : Rezone (312 E. North St./Thompson, 367) 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 2, located at 708 N. Garland Avenue. The property is located approximately 1.4 miles from the fire station with an anticipated drive time of approximately 5 minutes using existing streets. The anticipated response time would be approximately 7.2 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. Page 7 of 12

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14 RZN One Mile View Thompson N Miles SYCAMORE ST WALNUT AVE P-1 COLLEGE AVE C-2 RSF-4 OLD WIRE RD RPZD Subject Property CS NORTH ST MISSION BLVD ROCKWOOD TRL R-O RMF-24 UT DG NC MSC I-1 Legend Planning Area Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Design Overlay District Building Footprint Planning Area Fayetteville City Limits Zoning RESIDENTIAL SINGLE-FAMILY Residential-Agricultural RSF-.5 RSF-1 RSF-2 RSF-4 RSF-7 RSF-8 RSF-18 RESIDENTIAL MULTI-FAMILY RT-12 Residential Two and Three-family RMF-6 RMF-12 RMF-18 EXTRACTION 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 E-1 COMMERCIAL Residential-Office C-1 C-2 C-3 FORM BASED DISTRICTS Downtown Core Urban Thoroughfare Main Street Center Downtown General Community Services Neighborhood Services Neighborhood Conservation Page 9 of 12

15 RZN Current Land Use Thompson N ALLEY 250 WANEETAH AVE Single-family Residential HILLCREST AVE Single-family Residential Subject Property Single-family Residential NORTH ST Single-family Residential Streets Existing MSP Class PRINCIPAL ARTERIAL Planning Area Fayetteville City Limits Feet inch = 100 feet Page 10 of 12

16 RZN Close Up View Thompson C-2 WASHINGTON AVE OAKWOOD ST ALLEY 250 WANEETAH AVE Subject Property HILLCREST AVE LAKERIDGE DR NORTH ST NS-G UT RSF-4 BAXTER LN NS-L N Legend Hillside-Hilltop Overlay District Planning Area Fayetteville City Limits Trail (Proposed) Design Overlay District Building Footprint Feet inch = 200 feet Zoning NC 0.2 Total 0.2 Acres Page 11 of 12

17 RZN Thompson N Future Land Use MEMOR I A L DR COLLEGE AVE ABSHIER DR WASHINGTON AVE ALLEY 250 OAKWOOD ST WANEETAH AVE NOBL E NORTH ST LN HILLCREST AVE Subject Property LAKERIDGE DR LAKEFRONT DR HIGHLAND AVE GLEN WING LN POLLARD AVE PROSPECT ST CLEBURN ST WILLOW AVE BAXTER LN PROSPECT ST F RITZ DR FRITZ OLIVE AVE CT RUSH DR Legend Planning Area Fayetteville City Limits Trail (Proposed) Design Overlay District Building Footprint Feet ,160 1 inch = 400 feet FUTURE LAND USE 2030 Rural Area Residential Neighborhood Area City Neighborhood Area Civic and Private Open Space/Parks Non-Municipal Government Page 12 of 12