Action Recommendation: Budget Impact:

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1 City of Fayetteville Staff Review Form Legistar File ID 9/5/2017 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Andrew Garner Submitted By 8/18/2017 Submitted Date Action Recommendation: City Planning / Development Services Department Division / Department RZN : Rezone (41 E. NORTH ST./ANDONA PROPERTIES, 445): Submitted by ANDREA FOURNET for property at 41 E. NORTH ST. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE, and R-O, RESIDENTIAL OFFICE and contains approximately 0.84 acres. The request is to rezone a portion of 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 $ - Must Attach Completed Budget Adjustment! Previous Ordinance or Resolution # V Original Contract Number: Approval Date: Comments:

2 MEETING OF SEPTEMBER 5, 2017 TO: THRU: FROM: Mayor, Fayetteville City Council Andrew Garner, Planning Director Jonathan Curth, Senior Planner DATE: August 18, 2017 SUBJECT: RZN : Rezone (41 E. NORTH ST./ANDONA PROPERTIES, 445): Submitted by ANDREA FOURNET for property at 41 E. NORTH ST. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE, and R-O, RESIDENTIAL OFFICE and contains approximately 0.84 acres. The request is to rezone a portion of the property to NC, NEIGHBORHOOD CONSERVATION. RECOMMENDATION: The City Planning staff and 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 is located at the intersection of North Street and Pollard Avenue west of North College Avenue, and contains approximately 0.84 acres. The property is zoned R-O, Residential Office and contains an existing 2,553 square foot home, constructed in In December of 2016 the City Council approved an ordinance that vacated an un-built right-of-way that had existed on the property since the area s platting. Request: The request is to rezone the property from R-O, Residential Office to NC, Neighborhood Conservation. The applicant stated that the intent is facilitate development of the site. Land Use Compatibility: The proposed zoning is compatible with surrounding land use patterns in this area, which consists of single-family residential properties west of Pollard Avenue, and commercial uses generally to the east of Pollard. The property is located at a well-defined boundary between typical residential neighborhood and more intense commercial uses and high volume traffic corridors. The NC zoning district allows only single-family residences by right, which is more restrictive and allows less intense development patterns than is currently allowed. Further, the residential lots in this area display a very regular pattern of 60-foot wide lots containing approximately 10,000 square. The NC zoning district allows a slightly narrower residential lot, at 40 wide, which would result in very similar and compatible lots sizes at this location. Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM) and consistent with the City Neighborhood Area designation of the subject property,

3 which encourages a wide variety of residential types within a traditional neighborhood pattern. City Plan 2030 encourages both infill development and re-development in a traditional urban form, which is satisfied by proposed zoning, where the existing R-O zoning district requires the large setbacks typical of a suburban development pattern. DISCUSSION: On, the forwarded the proposal to City Council with a recommendation for approval passed by a vote of BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Application Staff Report 2

4 RZN Close Up View ANDONA PROPERTIES EXHIBIT 'A' OAKWOOD ST P-1 COLLEGE AVE C-2 WASHINGTON AVE NORTH ST Subject Property UT PIKE ST R-O PARK AVE ALLEY 48 POLLARD AVE C-1 BAXTER LN RSF-4 HIGHLAND AVE CLEBURN ST DG N Legend Planning Area Fayetteville City Limits Building Footprint Feet inch = 200 RSF-4 Residential-Office C-1 C-2 Urban Thoroughfare Downtown General P-1

5 EXHIBIT 'B'

6

7 TO: THRU: FROM: City of Fayetteville Andrew Garner, City Planning Director Quin Thompson, Planner MEETING DATE: July 26, 2017 SUBJECT: RZN : Rezone (41 E. NORTH ST./ANDONA PROPERTIES, 445): Submitted by ANDREA FOURNET for property at 41 E. NORTH ST. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 0.84 acres. The request is to rezone a portion of the property to NC, NEIGHBORHOOD CONSERVATION. RECOMMENDATION: Staff recommends forwarding RZN to the City Council with a recommendation of approval, based on the findings herein. BACKGROUND: The subject property is located at the intersection of North Street and Pollard Avenue west of North College Avenue, and contains approximately 0.84 acres. The property is zoned R-O, Residential Office and contains an existing 2,553 square foot home, constructed in The surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North UAMS P-1, Institutional South Single-family Residential RSF-4, Residential Single-family / 4 units per acre East Office UT, Urban Thoroughfare West Parking Lot RSF-4, Residential Single-family / 4 units per acre Request: The request is to rezone the property from R-O, Residential Office to NC, Neighborhood Conservation. The applicant stated that the intent is facilitate development of the site. Public Comment: No public comment as of writing this report. INFRASTRUCTURE: Streets: The subject parcel has access to Pollard Avenue, an unimproved, asphalt local street. Any street improvements required in these areas would be determined at the time of development proposal. Page 1 of 14

8 Water: Sewer: Drainage: Fire: Police: Public water is available to the site. There is an existing 6-inch main along the southern side of the property in an easement (vacated right-of-way). This line is available for service connections Sanitary Sewer is available to the site. There is a 12-inch sewer main that runs along the western side of this parcel, just offsite in a utility easement. This line is available for service connections. Any additional improvements or requirements for drainage will be determined at time of development. No portion of this property is identified as FEMA regulated floodplain. No protected streams are located onsite, nor is any of this parcel in the HHOD. Some areas onsite are however identified as having 15% or greater slopes and may be subject to residential grading permits if applicable. The Fire Department did not comment on this request. The Police Department did not comment on this request. 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. These 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. Non-residential uses range in size, variety and intensity from grocery stores and offices to churches, and are typically located at corners and along connecting corridors. 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 zoning is compatible with surrounding land use patterns in this area, which consists of single-family residential properties west of Pollard Avenue, and commercial uses generally to the east of Pollard. The property is located at a well-defined boundary between typical residential neighborhood and more intense commercial uses and high volume traffic corridors. The NC zoning district allows only single-family residences by right, which is more restrictive and allows less intense development patterns than is currently allowed. Further, the residential lots in this area display a very regular pattern of 60-foot wide lots containing approximately 10,000 square. The NC zoning district allows a slightly narrower residential lot, at 40 wide, which would result in very similar and compatible lots sizes at this location. Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM) and consistent with the City Neighborhood Area designation of the subject property, which encourages a wide variety of residential types within a traditional neighborhood pattern. City Plan 2030 encourages both infill development and re-development in a traditional urban form, which is satisfied by proposed zoning, where the existing R-O zoning district requires the large setbacks typical of a suburban development pattern. G:\ETC\Development Services Review\2017\Development Review\ RZN 41 E. North St. (Andona Properties) 445\01 \ \Comments & Redlines Page 2 of 14

9 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant has requested the NC zoning district to allow for reduced lot widths which would allow for future residential development. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zone is expected to be a decrease in potential traffic danger or congestion in the area over the current R-O zoning. 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 proposed zoning would result in significantly less potential impacts to public services than the current R-O zoning. The R-O zoning allows a density of 24 units per acre along with office and limited business uses by right. The NC zoning allows a density of 10 units per acre and only single-family dwellings by right. The Police and Fire Departments have not commented on the proposed zoning. 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: Staff recommends forwarding RZN to the City Council with a recommendation of approval, based on the findings discussed throughout this report. G:\ETC\Development Services Review\2017\Development Review\ RZN 41 E. North St. (Andona Properties) 445\01 \ \Comments & Redlines Page 3 of 14

10 Action: Approved Tabled Denied Meeting Date: July 26, 2017 Motion: Second: Vote: BUDGET/STAFF IMPACT: None Attachments: UDC R-O, Residential Office UDC NC, Neighborhood Conservation Request letter Property exhibit One Mile Map Close-Up Map Current Land Use Map Future Land Use Map G:\ETC\Development Services Review\2017\Development Review\ RZN 41 E. North St. (Andona Properties) 445\01 \ \Comments & Redlines Page 4 of 14

11 District R-O, Residential Officemodified (A) Purpose. The Residential-Office District is designed primarily to provide area for offices without limitation to the nature or size of the office, together with community facilities, restaurants and compatible residential uses. (B) Uses. (1) Permitted uses. Unit 1 Unit 5 Unit 8 Unit 9 Unit 12a Unit 25 Unit 41 Unit 44 Unit 2 Unit 3 Unit 4 Unit 11 Unit 13 Unit 15 Unit 24 Unit 26 Unit 36 Unit 42 Unit 45 City-wide uses by right Government facilities Single-family dwellings Two-family dwellings Limited business Offices, studios, and related services Accessory dwellings Cluster Housing Development (2) Conditional Uses. (C) Density. Units per acre City-wide uses by conditional use permit Public protection and utility facilities Cultural and recreational facilities Manufactured home park* Eating places Neighborhood shopping goods Home occupations Multi-family dwellings Wireless communications facilities* Clean technologies Small scale production 24 or less (D) Bulk and Area Regulations. (Per dwelling unit for residential structures) (1) Lot Width Minimum. Manufactured home park 100 Lot within a manufactured home park 50 Single-family 60 Two (2) family 60 Three (3) or more 90 (2) Lot Area Minimum. Manufactured home park Lot within a manufactured home park Townhouses: Development Individual lot Single-family Two (2) family Three (3) or more Fraternity or Sorority (3) Land Area Per Dwelling Unit. Manufactured home Townhouses & apartments: No bedroom One bedroom Two (2) or more bedrooms Fraternity or Sorority (E) Setback Regulations. Front 3 acres 4,200 square 10,000 square 2,500 square 6,000 square 6,500 square 8,000 square 1 acre 3,000 square 1,000 square 1,000 square 1,200 square 500 square per resident Front, if parking is allowed between the right-of-way and the building Front, in the Hillside Overlay District Side Side, when contiguous to a residential district Side, in the Hillside Overlay District Rear, without easement or alley Rear, from center line of public alley Rear, in the Hillside Overlay District G:\ETC\Development Services Review\2017\Development Review\ RZN 41 E. North St. (Andona Properties) 445\01 \ \Comments & Redlines Page 5 of 14

12 (F) Building Height Regulations. Building Height Maximum 60 Height Regulations. Any building which exceeds the height of 20 shall be set back from any side boundary line of an adjacent single family district an additional distance of 1 foot for each foot of height in excess of 20. (G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. (Code No. 1965, App. A., Art. 5(x); Ord. No. 2414, ; Ord. No. 2603, ; Ord. No. 2621, ; Ord. No. 1747, ; Code 1991, ; Ord. No. 4100, 2 (Ex. A), ; Ord. No. 4178, ; Ord. No. 4726, ; Ord. No. 4943, ; Ord. No. 5079, ; Ord. No. 5195, ; Ord. No. 5224, ; Ord. No. 5312, ; Ord. No. 5462, ; Ord. No ; Ord. No. 5800, 1(Exh. A), ; Ord. No. 5921, 1, ; Ord. No. 5945, 5, 7 9, ) 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 (2) Conditional Uses. Unit 2 Unit 3 Unit 4 Unit 9 Unit 10 Unit 12 Unit 24 Unit 25 Unit 28 Unit 36 Unit 44 City-wide uses by conditional use permit Public protection and utility facilities Cultural and recreational facilities Two (2) family dwellings Three (3) family dwellings Limited business* Home occupations Offices, studios, and related services Center for collecting recyclable materials Wireless communication facilities Cottage Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. G:\ETC\Development Services Review\2017\Development Review\ RZN 41 E. North St. (Andona Properties) 445\01 \ \Comments & Redlines Page 6 of 14

13 Single Family Two Family Three Family (2) Lot Area Minimum. 4,000 square (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 from the front property line (F) Building Height Regulations. Building Height Maximum 45 (Ord. No. 5128, ; Ord. No. 5312, ; Ord. No. 5462, ; Ord. No. 5592, ; Ord. No. 5664, ; Ord. No. 5800, 1(Exh. A), ) G:\ETC\Development Services Review\2017\Development Review\ RZN 41 E. North St. (Andona Properties) 445\01 \ \Comments & Redlines Page 7 of 14

14 G:\ETC\Development Services Review\2017\Development Review\ RZN 41 E. North St. (Andona Properties) 445\01 \ \Comments & Redlines Page 8 of 14

15 June 13, 2017 City of Fayetteville 113 West Mountain St Fayetteville, AR Subject: Rezoning of 41 E. North Street on southwest corner of North and Pollard. The property is zoned RO and contains approximately one acre. Request is for rezoning of part the lot to NC-Neighborhood Conservation (Tract B - 80 x ) Legal description and survey attached. A. Andona Properties, LLC own the property located at the corner of North St and Pollard. We purchased the property in 2009, spent thousands of dollars to refurbish the old deteriorating house and overgrown yard. Currently, it is rented as a single family residence and at the end of 2016 the city vacated the roadway easement of Pike street. B. We have been consulting with engineers and the City Planning office about the highest and best use for this property. It is our conclusion that NC zoning for this tract would allow it to be developed with a mixture of residential and commercial uses in a traditional urban form. C. With its location, across the street from the ever growing UAMS and VA campuses and the newly rezoned to Urban Thoroughfare property on the corner of College and Pollard, we believe a rezoning to NC would be in line with the primary goal of City Plan 2030 infill development. We believe there will be little impact on traffic. By developing this property the opportunity to walk to work increases. Page 9 of 14

16 D. Water and Sewer: Public water is available to the property. There is an 8 and 10 main adjacent to the property. Sanitary sewer is available to the site. There is a 12 and 6 public main adjacent to the property. E. This change of zoning would be consistent with land use planning objectives. See C. F. This is approximately an acre of land that has had development grow up around it. Because of the neighborhood changes we feel the NC zoning for Tract B is the highest and best use and is in line with the primary goal of City Plan 2030 infill development. G. No appreciable increase in traffic, danger, or congestion. H. No this rezone will not alter the population density undesirably thereby not increasing the load on public services. I. Current RO zoning will remain of the house and front lot Tract A. This rezone is for the vacant land behind to the south of the house allowing infill to this area Tract B. Respectfully submitted, Andrea Fournet Ramona Jones Page 10 of 14

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18 RZN One Mile View ANDONA PROPERTIES N I-1 CS FRISCO AVE DAWN DR MOLLY CT MOA N RMF-24 GREGG AVE PL RMF-40 SPRUCE ST FOREST HTS LAWSON ST HOLLY ST SHADY LN ADAMS ST HAWTHORN ST PROSPECT ST WOOLSEY AVE SYCAMORE ST Miles C LEBURN ST PARK AVE ALLEY 48 HIGHLAND AVE POLLARD AVE ABSHIER DR CLEBURN ST NATURAL WAY C-2 P-1 Subject Property PROSPECT ST R-O HILLCREST AVE OAKWOOD ST BAXTER LN NORTH ST FR IT Z DR PROSPECT ST LAKE RIDGE DR LAKEFRONT DR RUSH DR RSF-4 MISSION BLVD EDGEHILL DR KNOX DR GREGG AVE WILSON AVE WEST AVE VANDEVENTER AVE DG LOUISE ST ILA ST NC MOCK AVE TRENTON BLVD FOREST AVE HIGHLAND AVE ALLEY 13 COLLEGE AVE DAVIDSON ST MSC MAPLE ST LAFAYETTE ST REBECCA ST WILLOW AVE WALNUT AVE ALLEY 456 OLIVE AVE ALLEY 534 FALLIN AVE RMF-6 Legend Planning Area Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) 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 12 of 14

19 RZN Close Up View ANDONA PROPERTIES OAKWOOD ST P-1 COLLEGE AVE C-2 WASHINGTON AVE NORTH ST Subject Property UT PIKE ST R-O PARK AVE ALLEY 48 POLLARD AVE C-1 BAXTER LN RSF-4 HIGHLAND AVE CLEBURN ST DG N Legend Planning Area Fayetteville City Limits Building Footprint Feet inch = 200 RSF-4 Residential-Office C-1 C-2 Urban Thoroughfare Downtown General P-1 Page 13 of 14

20 RZN Current Land Use ANDONA PROPERTIES N OAKWOOD ST VA Hospital COLLEGE AVE WASHINGTON AVE NORTH ST PARK AVE Subject Property PIKE ST CLEBURN ST ALLEY 48 HIGHLAND AVE Single Family POLLARD AVE Commercial BAXTER LN CLEBURN ST RZN Imagery - Kucera Street RGB Downtown Master Plan Red: Band_1 MSP Class Green: Band_2 MAIN STREET 63 Blue: Band_3 PRINCIPAL ARTERIAL 2017 Imagery - Pictometry County Parcels RGB Planning Area Red: Band_1 Fayetteville City Limits Green: Band_2 Blue: Band_3 Feet inch = 200 Page 14 of 14