Action Recommendation: Budget Impact:

Transcription

1 City of Fayetteville Staff Review Form Legistar File ID 6/19/2018 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Garner Stoll Submitted By 6/1/2018 Submitted Date Action Recommendation: City Planning / Development Services Department Division / Department RZN : Rezone (127 N. FLORENE ST./FUGITT, 401): Submitted by KIM FUGITT for property located at 127 N. FLORENE ST. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 0.33 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE, URBAN. 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 JUNE 19, 2018 TO: THRU: FROM: Mayor, Fayetteville City Council Garner Stoll, Development Services Director Harry Davis, Planner DATE: June 1, 2018 SUBJECT: RZN : Rezone (127 N. FLORENE ST./FUGITT, 401): Submitted by KIM FUGITT for property located at 127 N. FLORENE ST. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 0.33 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE, URBAN. RECOMMENDATION: The Planning Commission and staff recommend approval of the requested rezoning as depicted in Exhibits A and B. BACKGROUND: The subject property is located at the corner of Florene Street and Anne Street, northwest of the intersection between I-49 and Wedington Drive. The property contains a nonconforming tri-plex built in the 1970 s on approximately 0.33 acres and is zoned R-A, Residential-Agricultural. Request: The request is to rezone the parcel to RI-U. The applicant intends to subdivide the property, retain the tri-plex, and construct one new single-family home on the new lot. Public Comment: No public comment has been received as of writing this report. Land Use Plan Analysis: The proposed zoning is consistent with the Future Land Use Map (FLUM) of the City Plan 2030 designating the property as Residential Neighborhood Area. RI-U allows greater flexibility for residential uses and typologies encouraged under Residential Neighborhood Areas. The goals of City Plan 2030 include making the traditional town form the standard. The RI-U zoning district encourages patterns of development that result in realizing this goal, including a requirement that buildings will be located close to the street, creating an environment more appealing to pedestrians than the development patterns allowed by the current zoning. Land Use Compatibility: The proposed zoning is compatible with existing land uses, particularly with existing duplexes and tri-plexes that can be found adjacent to and nearby the subject property. The existing R-A zoning is outdated and needs to be replaced.

3 DISCUSSION: At the May 29, 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 2

4 RZN EXHIBIT 'A' LEGAL DESCRIPTION A PART OF THE NORTHEAST QUARTER (NE1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION SEVEN (7), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FEET WEST AND FEET NORTH OF THE SOUTHEAST CORNER OF SAID 40 ACRE TRACT, THENCE S89⁰41 54 W FEET TO AN EXISTING IRON; THENCE NORTH FEET TO A SET ½ IRON REBAR; THENCE N89⁰41 54 E FEET TO AN X CHISELED IN CONCRETE; THENCE SOUTH FEET TO THE POINT OF BEGINNING, CONTAINING 0.36 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS

5 Shared RZN Close Up View FUGITT RZN EXHIBIT 'B' WILDFLOWER ST WOODFIELD WAY P-1 Subject Property R-A Proposed RI-U ANNE ST GILES RD GREENLEAF DR TIMBERCREST AVE FLORENE ST RSF-4 MULBERRY S T RI-12 RMF-24 DOROTHY JEANNE ST N Legend Zoning Acres Planning Area Fayetteville City Limits RI-U 0.4 Use Paved Trail Trail (Proposed) Design Overlay District Building Footprint Feet inch = 200 feet Total 0.4

6 TO: THRU: FROM: City of Fayetteville Planning Commission Andrew Garner, City Planning Director Harry Davis, Planner MEETING DATE: May 29, 2018 UPDATED W PC RESULTS SUBJECT: RZN : Rezone (127 N. FLORENE ST./FUGITT, 401): Submitted by KIM FUGITT for property located at 127 N. FLORENE ST. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 0.33 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE, URBAN. RECOMMENDATION: Staff recommends forwarding RZN to the City Council with a recommendation of approval, based on the findings herein. RECOMMENDED MOTION: I move to forward RZN to the City council with a recommendation for approval. BACKGROUND: The subject property is located at the corner of Florene Street and Anne Street, northwest of the intersection between I-49 and Wedington Drive. The property contains a nonconforming tri-plex built in the 1970 s on approximately 0.33 acres and is zoned R-A, Residential-Agricultural. The surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use/Zoning Direction from Site Land Use Zoning North Single-Family Residential R-A, Residential/Agricultural South Duplex R-A, Residential/Agricultural East Duplex/Triplex RSF-4, Residential Single-family, 4 Units per Acre West Single-Family Residential RI-12, Residential Intermediate, 12 Units per Acre Request: The request is to rezone the parcel to RI-U. The applicant intends to subdivide the property, retain the tri-plex, and construct one new single-family home on the new lot. Public Comment: No public comment has been received as of writing this report.

7 INFRASTRUCTURE: Streets: Water: Sewer: Drainage: Fire: Police: The subject parcel has access to North Florene Street and West Anne Street. North Florene Street is an unimproved two-lane asphalt street with no sidewalk or storm drains. It does have curb and gutter though. West Anne Street is an unimproved two-lane asphalt street with curb, gutter and storm drains. It does not have sidewalk. 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 2-inch and 8-inch main North Florene Street. A 6-inch main is also available on West Anne Street. Sanitary Sewer is available to the site. There is an existing 6-inch main along North Florene Street. 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. 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 majority of the property as Residential Neighborhood Area. These areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single family, multifamily and rowhouses. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incorporates low-intensity non-residential uses intended to serve the surrounding neighborhood, such as retail and offices, on 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 Plan Analysis: The proposed zoning is consistent with the Future Land Use Map (FLUM) of the City Plan The goals of City Plan 2030 include making the traditional town form the standard. The RI-U zoning district encourages patterns of development that result in realizing this goal, including a requirement that buildings will be located close to the street, creating an environment more appealing to pedestrians than the development patterns allowed by the current zoning. RI-U allows greater flexibility for residential uses and typologies encouraged under Residential Neighborhood Areas. Land Use Compatibility: The proposed zoning is compatible with existing land uses, particularly with existing duplexes and tri-plexes that can be found adjacent to and nearby the subject property. G:\ETC\Development Services Review\2018\Development Review\ RZN 127 N. Florene St. (Fugitt) 401

8 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning would bring into conformance the use of the property as a tri-plex and would allow appropriate infill development to occur at this location. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zone would allow higher density and resulting traffic compared to the existing R-A zoning. However, given that the property is already developed with a tri-plex, an appreciable increase in potential traffic danger or congestion in the area would not be the result. 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 is likely to result in higher density of population, however no undesirable load on public services is anticipated. The Police and Fire Departments have not expressed concerns about the proposed zoning district. 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. Planning Commission Action: Approved Tabled Denied Forward Meeting Date: May 29, 2018 Motion: Scroggin Forward to CC with recommendation for approval Second: Niederman Vote: Motion passes G:\ETC\Development Services Review\2018\Development Review\ RZN 127 N. Florene St. (Fugitt) 401

9 BUDGET/STAFF IMPACT: None Attachments: UDC R-A, Residential-Agricultural UDC RI-U, Residential Intermediate, Urban 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 127 N. Florene St. (Fugitt) 401

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. Unit 1 Unit 3 Unit 6 Unit 7 Unit 8 Unit 9 Unit 37 Unit 41 Unit 43 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. Unit 2 Unit 4 Unit 5 Unit 20 Unit 24 City-wide uses by conditional use permit Cultural and recreational facilities Government facilities Commercial recreation, large sites Home occupations Unit 35 Unit 36 Unit 42 (C) Density. Units per acre Outdoor Music Establishments Wireless communications facilities Clean technologies (D) Bulk and Area Regulations. Lot width minimum Lot Area Minimum: Residential: Nonresidential: Lot area per dwelling unit (E) Setback Requirements. One-half (½) 200 feet 2 acres 2 acres 2 acres 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.

11 District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 41 Accessory dwellings Unit 44 Cluster housing development (2) Conditional Uses. Unit 2 Unit 3 Unit 4 Unit 5 Unit 12a Unit 24 Unit 26 Unit 36 City-wide uses by conditional use permit Public protection and utility facilities Cultural and recreational facilities Government facilities (C) Density. None. Limited business Home occupations Multi-family dwellings Wireless communications facilities (D) Bulk and Area Regulations. Dwelling (all types) (E) Setback Requirements. Side Front Other Uses A build-to zone that is located between the front property, line and a line 25 feet from the front property line. Side Single & Two (2) Family None Rear Other Uses feet feet feet (F) Building Height Regulations. Rear, from centerline of an alley Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan rightof-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. (H) Minimum Buildable Street Frontage. 50% of the lot width. Lot width minimum Lot area minimum 18 feet None G:\ETC\Development Services Review\2018\Development Review\ RZN 127 N. Florene St. (Fugitt) 401

12 127 N. FLORENE REZONE. PLEASE FOMD THE FOLLOWING INFORMATION PER PAGE 3 OF CITY OF FAYETTEVILLE REZONING APPLICATION. a. CURRENT OWNERS OF THE PROPERTY ARE WILLIAM C. AND ASHLEY T. FUGITT. THERE ARE NO CONTRACTS FOR SALE CURRENT NOR IN NEGOTIATIONS AT THIS TIME. b. THE SUBJECT PROPERTY WAS ORIGINALLY CONSTRUCTED IN THE CURRENT OWNER PURCHASED THE PROPERTY IN CURRENT OWNER GUTTED AND RENOVATED THE INTERIORS OF THE 3 UNITS TO PROVIDE A BETTER QUALITY PRODUCT WITH NEW LIFE. THE OWNER WOULD LIKE TO SPLIT THE EXISTING LOT INTO TWO LOTS AND CONSTRUCT A SINGLE FAMILY HOME ON THE NEWLY CREATED LOT. AS OF THE DATE OF APPLICATION, THE SUBJECT PROPERTY IS NON-CONFORMING IN THAT IT IS CURRENTLY ZONED RA, IS LESS THAN 2 ACRES AND ALSO HAS AN EXISTING TRIPLEX RENTAL PROPERTY CONSTRUCTED. ADJACENT PROPERTIES IN THE AREA ARE SINGLE FAMILY HOMES, TRIPLEXES AND DUPLEXES EITHER ON NON- CONFORMING RA LOTS OR IN THE RI-12 ZONE TO THE WEST. THE OWNER WOULD HAVE ASKED FOR REZONING TO RI-12 TO MATCH THE AJACENT PROPERTY BUT THE REQUIRED LOT SIZE IS 1.4% LARGER THAN THE ACTUAL SIZE OF THE SUBJECT PROPERTY. AS SUCH, THE RI-U ZONE WILL RESULT IN THE SAME OUTCOME AS REZONING TO RI-12 BUT NO VARIANCE WILL BE REQUIRED DUE TO LOT SIZE REQUIREMENTS. c. THE PROPOSED REZONING WILL NOT AFFECT SURROUNDING PROPERTIES IN AN ADVERSE WAY. SURROUNDING PROPERTIES ARE ALL SINGLE FAMILY HOMES, DUPLEXES AND TRIPLEXES WHICH IS THE INTENDED USE OF THE SUBJECT PROPERTY IF THE REZONING IS APPROVED. IT IS THE OPINION OF THE APPLICANT THAT THE RI-U ZONE REQUESTED IS COMPATIBLE WITH THE SURRONDING EXISTING PROPERTIES IN THE R-12 ZONE AS WE ARE REQUESTING THE USE OF THE NEWLY ZONED PROPERTY TO BE SPLIT INTO TWO LOTS AND A SINGLE FAMILY RESIDENCE CONSTRUCTED ON THE NEWLY CREATED PARCEL. THE END RESULT OF THIS PROCESS WILL RESULT IN ONE PARCEL WITH THE EXISTING TRI-PLEX WHICH IS COMPATIBLE WITH EXISTING TRIPLEXES AND DUPLEXES ON FLORENE STREET AND A SECOND PARCEL WITH A SINGLE FAMILY HOME WHICH IS COMPATIBLE WITH THE EXISTING SINGLE FAMILY HOMES IN THE AREA. BOTH NEW PARCELS WILL MEET OR EXCEED THE MINIMUMS FOR THE

13 RI-U ZONE. THE RI-U ZONE REQUESTED IS COMPATIBLE WITH THE EXISTING R-12 ZONE ADJACENT TO THE SUBJECT PROPERTYAS THE TWO ZONES (RI-U AND R-12) HAVE EXACTLY THE SAME PERMITTED USES. AS SUCH, THE BASIC DIFFERENCE IN THE TWO ZONES FOR THIS EXAMPLE IS MINIMUM LOT SIZE. IN CONCLUSION, THE REZONING WILL RESULT IN A COMPATBLE SITUATION IN THAT THE REZONING WILL RESULT IN A TRIPLEX AND A SINGLE FAMILY RESIDENCE THAT MATCHES OR CONFORMS WITH THE EXISTING SINGLE FAMILY, DUPLEX AND TRIPLEX LOTS IN THE NEIGHBORHOOD. d. ALL STREETS AND UTILITIES ARE AVAILABLE AT THE SUBJECT PROPERTY AND NO NEW INFRASTRUCTURE REQUIRED. e. THE PROPOSED ZONING IS IN KEEPING WITH THE ADOPTED 2030 LAND USE PLAN AS WELL AS THE GOALS OF THAT PLAN. THIS REZONING WILL RESULT IN AN INFILL ON UNDER UTILIZED URBAN LAND, REDUCES URBAN SPRAWL BY GENERATING HOUSING NEAR THE I-49 CORRIDOR AND FINALLY, WILL PROVIDE AN ATTAINABLE HOUSING OPPORTUNITY TO THOSE IN NEED IN FAYETTEVILLE. f. WE BELIEVE THE ZONING IS JUSTIFIED AT THIS TIME AS THE RESULT WILL HAVE NO NEGATIVE EFFECTS BUT WILL, IN-FACT, OFFER POSITIVE EFFECTS PER SECTION (e) ABOVE. g. THE PROPOSED ZONING WILL NOT ADVERSELY AFFECT TRAFFIC IN THE AREA. THE RESULT OF THIS REZONING WILL ONLY ADD ONE HOUSEHOLD TO THE ENTIRE AREA. h. SEE (g) ABOVE i. THE REASON IT IS IMPRACTICAL TO USE THE LAND UNDER IT S EXISTING ZONING IS THAT IT IS CURRENTLY A NON CONFORMING LOT UNDER THE CURRENT RA ZONING AND HAS NO POTENTIAL FOR THE UTILIZATION OF THE VACANT LAND AREA.

14 RZN One Mile View FUGITT N CS SALEM Miles RSF-4 RI-12 Subject Property NC RMF-24 RI-U SHILOH I-1 SHILOH DR RAMP 65 EXIT EXIT PORTER RD 1961 PRIVAT E 65 DE AN E ST P-1 SYCAMORE R-A SHILOH RPZD RMF-6 R-O C-1 RD SALE M C-2 SHILOH DR 49 EXIT 64 RAMP 64 RMF-12 WEDINGTON DR RAMP 64 EXIT FUTRALL DR UT PERSIMMON Legend Planning Area Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Design Overlay District 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

15 Shared RZN Close Up View FUGITT WILDFLOWER ST WOODFIELD WAY P-1 Subject Property R-A Proposed RI-U ANNE ST GILES RD GREENLEAF DR TIMBERCREST AVE FLORENE ST RSF-4 MULBERRY S T RI-12 RMF-24 DOROTHY JEANNE ST N Legend Zoning Acres Planning Area Fayetteville City Limits RI-U 0.4 Use Paved Trail Trail (Proposed) Design Overlay District Building Footprint Feet inch = 200 feet Total 0.4

16 N FUGITT RZN PINE CREST AVE Current Land Use PINE CONE DR ESSEX DR WOODFIELD WAY WILDFLOWER ST SYCAMORE ST SYCAMORE OA KFIELD ST R MIxed Residential GILES RD MIxed Residential SH ILO H MULBERRY ST IL PL MSP Class COLLECTOR Streets Existing Feet MSP Class COLLECTOR FREEWAY/EXPRESSWAY Trail (Proposed) Planning Area Fayetteville City Limits Design Overlay District inch = 300 feet MP 6 SH Streets Planned RA IL O ST EX IT HD R DR Multi-Family AM TE LLU RIDE B O AT D R DOROTHY JEANNE ST E MONTR A WEATHERWOOD CT AN Single Family ST E N FLORENE ST RL TIM BE Subject Property TIMBERCREST AVE D I N E

17 Shared RZN FUGITT N Future Land Use SALEM RD PINE CREST AVE WOODRIDGE DR ESSEX DR WOODFIELD WAY WILDFLOWER ST Subject Property SYCAMORE ST RIVERRIDGE DR CATON DR SYCAMORE PINE VALLEY DR SHILOH TIMBERLINE DR ANNE ST TIMBERCREST AVE FLORENE ST GILES RD SHILOH COLORADO DR MONTRAIL PL T ELLURIDE DR MULBERRY ST STEAMBO AT DR DOROTHY JEANNE ST SHILOH DR EXIT RAMP 64 FUTRALL DR Legend Planning Area Fayetteville City Limits Use Paved Trail Trail (Proposed) Design Overlay District Building Footprint Feet ,160 1 inch = 400 feet FUTURE LAND USE 2030 Natural Area Residential Neighborhood Area City Neighborhood Area Industrial Civic and Private Open Space/Parks