Action Recommendation: Budget Impact:

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1 City of Fayetteville Staff Review Form Legistar File ID 11/8/2018 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Garner Stoll Submitted By 10/19/2018 Submitted Date Action Recommendation: City Planning / Development Services Department Division / Department RZN : Rezone (1849 S. GARLAND AVE./FAYETTEVILLE RENTALS, 599): Submitted by EVAN DOUGLAS for property located at 1849 S. GARLAND AVE. The property is zoned I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 4.03 acres. The request is to rezone the parcel to CS, COMMUNITY SERVICES. 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 NOVEMBER 8, 2018 TO: THRU: FROM: Mayor, Fayetteville City Council Garner Stoll, Development Services Director Jonathan Curth, Senior Planner Andrew Garner, City Planning Director DATE: October 19, 2018 SUBJECT: RZN : Rezone (1849 S. GARLAND AVE./FAYETTEVILLE RENTALS, 599): Submitted by EVAN DOUGLAS for property located at 1849 S. GARLAND AVE. The property is zoned I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 4.03 acres. The request is to rezone the parcel to CS, COMMUNITY SERVICES. RECOMMENDATION: The and staff recommend approval of the requested rezoning as depicted in Exhibits A and B. BACKGROUND: The subject property is located on the west side of South Garland Avenue, approximately 500 feet north of the intersection of Garland with Cato Springs Road. Totaling approximately 4.03 acres, the property is zoned I-1, Heavy Commercial and Light Industrial and is developed with a 5,000-square foot warehouse building that was constructed in The remainder of the property is largely undeveloped and has been used inconsistently for outdoor materials storage for decades. In 2009, the Fayette Junction Master Plan, which includes the subject property and approximately 600 surrounding acres, was adopted by the City Council. Subsequently, a Board of Adjustment variance was granted on the property in 2011 for the warehouse s existing encroachment in to the Garland Avenue right-of-way. More recently, a large scale development for additional warehouse buildings was approved by the in 2016, but never constructed. Request: The request is to rezone the parcel from I-1, Heavy Commercial and Light Industrial, to CS, Community Services. The applicant has not stated their development intent should the property be rezoned. Public Comment: Staff has received no public comment concerning the request. Land Use Compatibility: Given the wide array of uses adjacent to the subject property, ranging from single-family dwellings to a concrete plant, complete compatibility is hard to assert. While

3 the proposed CS zoning district does include some uses that may not be fully-compatible with adjacent single-family dwellings, such as gas stations and buildings up to five stories, the uses permitted under the current industrial zoning has a far greater potential to create adverse impacts. The proposed CS district also poses compatibility issues by allowing residential and commercial uses directly adjacent to industrial zoning and a concrete plant. A further consideration is that the Fayette Junction Master Plan as it applies to the subject property was established by participating residents. These residents determined that a higher density and a mix of uses is appropriate and necessary at this location to support a transit hub. Given this alignment with the Fayette Junction Master Plan and relative land use compatibility, staff contends that the proposed rezoning is suitable at this location. Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent and compatible with both the Fayette Junction Master Plan and City Plan Rezoning the subject property to CS allows for a wide spectrum of both residential and nonresidential uses that support the realization of a transit hub as envisioned within the Fayette Junction Master Plan. With a density of three to four dwelling units per acre in 2009, the Fayette Junction hub is not near the 15 to 20 units per acre required to support many types of public transit. Application of the CS zoning district within a half-mile radius of the intended hub can achieve this density on the subject property while also providing the retail and office uses necessary to create a complete and compact neighborhood. As it relates to City Plan 2030, the proposed rezoning may lead to development that encourages a livable transportation network. This can be achieved through the property s proximity the Cato Springs Trail, Town Branch Trail, and Ozark Regional Transit s service at the University of Arkansas Research Center. Additionally, the proposed rezoning may be considered appropriate infill given the subject property s access to existing services and infrastructure. Lastly, development under the CS designation allows a mix of land uses and high-density residential that encourages a compact and complete neighborhood pattern. DISCUSSION: At the meeting this item was forwarded with a recommendation for approval by a vote of 6-0-1; Commissioner Sharp recused. No public comment was made regarding this request. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Staff Report 2

4 !! Shared RZN Close Up View Fayetteville Rentals, LLC EXHIBIT 'A' NC SUNCHASE CT PETTIGREW ST Subject Property I-1 GARLAND AVE RSF-8 P-1 RMF-24 RSF-4 CATO SPRINGS RD RMF-12 N Legend Planning Area Fayetteville City Limits Use Paved Trail Trail (Proposed) Design Overlay District Building Footprint Feet inch = 200 feet RSF-4 RSF-8 RI-12 RMF-12 RMF-24 I-1 Heavy Commercial and Light Industrial Neighborhood Conservation P-1

5 Legal Description EXHIBIT 'B'

6 TO: THRU: FROM: Fayetteville Andrew Garner, City Planning Director Jonathan Curth, Senior Planner MEETING DATE: (Updated with Results) SUBJECT: RZN : Rezone (1849 S. GARLAND AVE./FAYETTEVILLE RENTALS, 599): Submitted by EVAN DOUGLAS for property located at 1849 S. GARLAND AVE. The property is zoned I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 4.03 acres. The request is to rezone the parcel to CS, COMMUNITY SERVICES. RECOMMENDATION: Staff recommends forwarding RZN to City Council with a recommendation of approval 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 located on the west side of South Garland Avenue, approximately 500 feet north of the intersection of Garland with Cato Springs Road. Totaling approximately 4.03 acres, the property is zoned I-1, Heavy Commercial and Light Industrial and is developed with a 5,000-square foot warehouse building that was constructed in The remainder of the property is largely undeveloped and has been used inconsistently for outdoor materials storage for decades. In 2009, the Fayette Junction Master Plan, which includes the subject property and approximately 600 surrounding acres, was adopted by the City Council. Subsequently, a Board of Adjustment variance was granted on the property in 2011 for the warehouse s existing encroachment in to the Garland Avenue right-of-way. More recently, a large scale development for additional warehouse buildings was approved by the in 2016, but never constructed. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Industrial warehousing I-1, Heavy Commercial and Light Industrial South Multi-family residential RMF-24, Residential Multi-Family 24 s per Acre East Undeveloped; Single-family residential; Undeveloped I-1, Heavy Commercial and Light Industrial; RMF-24, Residential Multi-Family 24 units per Acre; RSF-8, Residential Single-family, 8 s per Acre West Concrete Plant I-1, Heavy Commercial and Light Industrial Page 1 of 15

7 Request: The request is to rezone the parcel from I-1, Heavy Commercial and Light Industrial, to CS, Community Services. The applicant has not stated their development intent should the property be rezoned. Public Comment: Staff has received no public comment concerning the request. INFRASTRUCTURE: Streets: Water: Sewer: Drainage: Fire: Police: The subject parcel has access to South Garland Avenue which is classified by the Master Street Plan as a Collector Street. There is no curb, gutter, or sidewalk present. Any street improvements required in these areas would be determined at the time of development proposal. Public water is available to the site. There is an existing 6-inch main along the South Garland Avenue right-of-way. Sanitary Sewer is available to the site. There is an existing 6-inch main along the South Garland Avenue right-of-way. No portion of this property is identified as FEMA-regulated floodplains or within the Hillside-Hilltop Overlay District. While there are no protected streams on this parcel, there are hydric soils which suggests possible wetlands that will need to be assessed along with requirements for drainage at time of development. The Fire Department expressed 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 Plan designates the properties within the proposed rezone as Complete Neighborhood Plan in association with the Fayette Junction Master Plan. The Executive Summary and Illustrative Plan are attached to this staff report which indicate mixed-use infill development as a part of the Fayette Junction transit hub. 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 finds the proposed rezoning to be consistent and compatible with both the Fayette Junction Master Plan and City Plan Rezoning the subject property to CS allows for a wide spectrum of both residential and nonresidential uses that support the realization of a transit hub as envisioned within the Fayette Junction Master Plan. With a density of three to four dwelling units per acre in 2009, the Fayette Junction hub is not near the 15 to 20 units per acre required to support many types of public transit. Application of the CS zoning district within a half-mile radius of the intended hub can achieve this density on the subject property while also providing the retail and office uses necessary to create a complete and compact neighborhood. G:\ETC\Development Services Review\2018\Development Review\ RZN 1849 S. Garland Ave. (Fayetteville Rentals, LLC) 599\03 \ Page 2 of 15

8 As it relates to City Plan 2030, the proposed rezoning may lead to development that encourages a livable transportation network. This can be achieved through the property s proximity the Cato Springs Trail, Town Branch Trail, and Ozark Regional Transit s service at the University of Arkansas Research Center. Additionally, the proposed rezoning may be considered appropriate infill given the subject property s access to existing services and infrastructure. Lastly, development under the CS designation allows a mix of land uses and high-density residential that encourages a compact and complete neighborhood pattern. Land Use Compatibility: Given the wide array of uses adjacent to the subject property, ranging from single-family dwellings to a concrete plant, complete compatibility is hard to assert. While the proposed CS zoning district does include some uses that may not be fully-compatible with adjacent singlefamily dwellings, such as gas stations and buildings up to five stories, the uses permitted under the current industrial zoning has a far greater potential to create adverse impacts. A further consideration is that the Fayette Junction Master Plan as it applies to the subject property was established by participating residents. These residents determined higher density and a mix of uses to be appropriate and necessary at this location to support a transit hub. Given this alignment with the Fayette Junction Master Plan and relative land use compatibility, staff contends that the proposed rezoning is suitable at this location. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: In staff s opinion, a rezoning to CS at this location is justified at this time. The general alignment of the request with many of City Plan 2030 s goals and the Fayette Junction Master Plan fundamentals suggest a rezoning to a mixed-use, form-based district is appropriate. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to CS may appreciably increase traffic to this location above the potential of the current I-1 zoning district. That said, the property s adjacency to South Garland and that street s proximity to several major thoroughfares, including School Avenue, Cato Springs Road, 15 th Street, and Razorback Road, ensures that an increased number of vehicle trips will be accommodated and distributed without increasing congestion to 2015 accident data validates this, with two incidents reported at the nearby intersection of Garland Avenue and Cato Springs Road. 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 from I-1 to CS will increase the potential population density, but will not undesirably increase the load on facilities and services. The subject property has access to existing water, sewer, and other public G:\ETC\Development Services Review\2018\Development Review\ RZN 1849 S. Garland Ave. (Fayetteville Rentals, LLC) 599\03 \ Page 3 of 15

9 services that eliminate the need for costly extensions or stretched fire or police service. 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 forwarding RZN to the City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES Date: Tabled x Forwarded Denied Motion: Johnson Second: Brown Vote: 6-0-1, Commissioner Sharp recused BUDGET/STAFF IMPACT: None Attachments: Unified Development Code: o District CS, Community Services o District I-1, Heavy Commercial and Light Industrial Fayette Junction Executive Summary Fayette Junction Illustrative Plan 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 1849 S. Garland Ave. (Fayetteville Rentals, LLC) 599\03 \ Page 4 of 15

10 Community Services (A) (B) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. Uses. (1) Permitted Uses City-wide uses by right Cultural and recreational facilities Government facilities Single-family dwellings Two-family dwellings Three (3) and four (4) family dwellings Eating places Neighborhood Shopping goods Gasoline service stations and drive-in/drive through restaurants Home occupations Offices, studios and related services Multi-family dwellings Accessory dwellings Cluster Housing Development Small scale production 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 Hotel, motel and amusement services Shopping goods G:\ETC\Development Services Review\2018\Development Review\ RZN 1849 S. Garland Ave. (Fayetteville Rentals, LLC) 599\03 \ Page 5 of 15

11 Transportation, trades and services Commercial recreation, small sites Center for collecting recyclable materials Liquor stores Outdoor music establishments Wireless communication facilities* Sidewalk Cafes Clean technologies (C) (D) Density. None. Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling All others 18 feet None (2) Lot Area Minimum. None. (E) Setback regulations. Front: Side and rear: Side or rear, when contiguous to a singlefamily residential district: A build-to zone that is located between 10 feet and a line 25 feet from the front property line. None 15 feet (F) Building Height Regulations. Building Height Maximum 5 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. G:\ETC\Development Services Review\2018\Development Review\ RZN 1849 S. Garland Ave. (Fayetteville Rentals, LLC) 599\03 \ Page 6 of 15

12 District I-1, Heavy Commercial And Light Industrial (A) (B) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light industrial uses which are compatible with one another but are inappropriate in other commercial or industrial districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to provide a degree of compatibility between uses permitted in this district and those in nearby residential districts. Uses. (1) Permitted Uses City-wide uses by right Public protection and utility facilities Cultural and recreational facilities Government Facilities Agriculture Eating places Shopping goods Transportation trades and services Gasoline service stations and drive-in/drive through restaurants Warehousing and wholesale Manufacturing Offices, studios and related services Wholesale bulk petroleum storage facilities with underground storage tanks Clean technologies (2) Conditional Uses City-wide uses by conditional use permit Commercial recreation, small sites Commercial recreation, large sites Center for collecting recyclable materials G:\ETC\Development Services Review\2018\Development Review\ RZN 1849 S. Garland Ave. (Fayetteville Rentals, LLC) 599\03 \ Page 7 of 15

13 Wireless communications facilities Mini-storage units Animal boarding and training (C) (D) (E) Density. None. Bulk and Area Regulations. None. Setback Regulations. Front, when adjoining A or R districts Front, when adjoining C, I, or P districts Side, when adjoining A or R districts Side, when adjoining C, I, or P districts Rear 50 feet 25 feet 50 feet 10 feet 25 feet (F) (G) Height Regulations. There shall be no maximum height limits in I-1 District, provided, however, that 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 residential 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. Building Area. None. G:\ETC\Development Services Review\2018\Development Review\ RZN 1849 S. Garland Ave. (Fayetteville Rentals, LLC) 599\03 \ Page 8 of 15

14 RZN Fayette Junction Executive Summary Page 9 of 15 Why Plan? The Fayette Junction Master Plan area summarizes the notable opportunities for development and revitalization in south Fayetteville. This area was once a hub for the lumber and canning industries, which led to the development of modest residential areas. Newer developments include the addition of the Crowne apartments, BioBased Companies and Bungalows at Cato Springs. Many of the recent changes have been beneficial to the area but have occurred more or less in isolation from one another. These developments, the proximity to the Arkansas Research and Technology Park (ARTP), a significant conservation easement and the entrance into Fayetteville from I-540 suggest that a comprehensive plan for this area would provide a tapestry that weaves these developments and opportunities together, creating a whole that is greater than the sum of its parts. Planning enables stakeholders to shape the form of future development by setting forth a vision that encourages a sustainable development pattern. Guiding Principles Over 100 citizens offered input on the vision for the Fayette Junction Master Plan September 13-18, During the charrette process, the diverse voices and opinions of the residents, business owners and other stakeholders converged to shape three guiding principles. The extensive floodplains and significant hillsides that flank the entrance into Fayetteville from I-540 necessitate a careful integration of the natural and built environments. Stakeholders repeatedly mentioned the need for effective and innovative stormwater management techniques, and staff from the University of Arkansas stressed the importance of preserving the viewshed to Old Main, Fayetteville s iconic building. The second guiding principle speaks to a regional concept of sustainable economic development. The Illustrative Plan envisions a clean tech cluster, which capitalizes on the presence of ARTP, BioBased Companies and stakeholders desire to see an advertisement for Green Valley at the entrance to Fayetteville and a firm commitment to sustainability by encouraging clean tech industry to locate in Fayette Junction. Multi-modal transit also plays a significant role in tying employment centers and residential areas together both within the Fayette Junction area and throughout the region. A trail network links ARTP to the larger university campus as well as to residential neighborhoods within the planning area and the proposed clean tech cluster. Fayette Junction is envisioned as a proposed transit hub, potentially evolving from a park and ride to a rail transit stop and demonstrating how transit-oriented development can become a reality. Implementation The vision document provides implementation steps for the short-term (0-5 years), mid-term (6-10 years) and long-term. While the illustrative plan captures a vision for final build-out, the action steps provide a roadmap for achieving the vision. Some of the short-term goals include rezoning along the Razorback Road corridor, creating a riparian buffer ordinance and adding the proposed streets to the Master Street Plan. Mid-term goals include adding or repairing existing sidewalks and preserving the Ogden hillside at the entrance to Fayetteville from I-540. Long-term goals include extending the principal arterial boulevard from 15th Street to the I-540 entrance along Razorback Road. The ultimate vision will only become a reality through collaboration and cooperation among different stakeholder groups and partnerships between the public, private and non-profit sectors. Some of the short-term goals, including rezoning Razorback Road, can be initiated by the City, but the development of Fayette Junction will only occur through coordinated efforts between the public and private sectors. This Plan serves as a guide for building upon the strengths of the Fayette Junction area and seizing opportunities that promote sustainable development patterns. Its implementation depends upon a firm commitment and concerted efforts from all relevant stakeholder groups. EXECUTIVE SUMMARY 2

15 Approximate location of subject property Cato Springs Road Garland Avenue RZN Fayette Junction Illustrative Master Plan Page 10 of 15

16 RZN Request Letter Page 11 of 15

17 RZN One Mile View Fayetteville Rentals, LLC N 15TH ST Miles I-2 DUNCAN AVE BE ECHWOOD AVE C-2 BROOKS AVE NC NS-G RMF-24 15TH ST 18TH ST RAZORBACK RD Subject Property GARLAND AVE RPZD I-1 CATO SPRINGS RD NS-L CS RSF-4 CATO SPRINGS RD FULBRIGHT EXPY UT P-1 SCHOOL AVE 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 12 of 15

18 !! Shared RZN Close Up View Fayetteville Rentals, LLC NC SUNCHASE CT PETTIGREW ST Subject Property I-1 GARLAND AVE RSF-8 P-1 RMF-24 RSF-4 CATO SPRINGS RD RMF-12 N Legend Planning Area Fayetteville City Limits Use Paved Trail Trail (Proposed) Design Overlay District Building Footprint Feet inch = 200 feet RSF-4 RSF-8 RI-12 RMF-12 RMF-24 I-1 Heavy Commercial and Light Industrial Neighborhood Conservation P-1 Page 13 of 15

19 RZN Current Land Use Fayetteville Rentals, LLC N Warehousing STIRMAN AVE SUNCHASE CT PETTIGREW ST VALE AVE Subject Property Single-Family Concrete Plant GARLAND AVE Instituational Multi-Family CATO SPRINGS RD EDEN CIR Streets Existing MSP Class COLLECTOR Trail (Proposed) Planning Area Fayetteville City Limits Design Overlay District Feet inch = 300 feet Page 14 of 15

20 !! Shared!!!!!! RZN Fayetteville Rentals, LLC N Future Land Use!!!! SUNCHASE CT PETTIGREW ST Subject Property GARLAND AVE CATO SPRINGS RD Legend Planning Area Fayetteville City Limits Use Paved Trail Trail (Proposed) Design Overlay District Building Footprint Feet inch = 200 feet FUTURE LAND USE 2030 Complete Neighborhood Plan Non-Municipal Government Page 15 of 15