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HomeMy WebLinkAboutOrdinance 6682Klnd: DPDINANCE F eeAmt$5 PM PtZ0:58 oa.101aap1of3 25 C.,ol• Nhit clerk Kla Flle2OG3000G5756 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6682 File Number: 2023-952 REZONING - 2023-0017: (N. TRUCKERS DR/THE LENNON, 208) AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-017 LOCATED NEAR NORTH TRUCKERS DRIVE IN WARD 2 FOR APPROXIMATELY 20.23 ACRES FROM RPZD, RESIDENTIAL PLANNED ZONING DISTRICT TO RMF-UL RESIDENTIAL MULTI -FAMILY, 18 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shovm on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RPZD, Residential Planned Zoning District to RMF-18, Residential Multi -Family, 18 Units Per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the caning change provided in Section I. PASSED and APPROVED on September 19, 2023 Page 1 RZN-2023-0017 ■ ■ RSF-8 R-A Close Up View I G J z w z H z 0 0 Unclassified Residential Link ■ ■ Planned Residential Link ' Planning Area Fayetteville City Limits N. TRUCKERS DR L•ESLIEDR RZN-223-0017 EXHIBIT 'A' %:BERT-STL F3 T N WRMF-12 n 0 ag�Vp o Q z C GRP� J0 I i A JNORTH Feet 0 75 150 300 450 600 1:2,400 Zone Current Proposed Cs 0.0 0.0 RMF-18 0.0 20.2 RPZD 20.2 0.0 Total 20.2 ac RZN-2023-0017 EXHIBIT `B' Legal Description A PART OF THE EAST HALF (E 1/2) OF THE SOUTHWEST QUARTER (SW1/4) SECTION TWENTY-EIGHT (28), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NE 1/4 OF THE SW 1/4 OF SAID SECTION 28 BEING A FOUND "MAG" NAIL IN ASPHALT ROADWAY; THENCE ALONG THE WEST LINE OF SAID NE 1/4 OF THE SW 1/4, S02°34'52"W A DISTANCE OF 1283.11 FEET TO THE POINT OF BEGINNING SAID POINT BEING A FOUND IRON PIN WITH CAP "PLS 1439"; THENCE LEAVING SAID WEST LINE, S87°19'58"E A DISTANCE OF 1315.10 FEET TO A FOUND IRON PIN WITH CAP "PLS 1156"; THENCE S02032'22"W A DISTANCE OF 668.88 FEET TO A FOUND IRON PIN; THENCE N87026'22"W A DISTANCE OF 1315.59 FEET TO THE WEST LINE OF SAID E 1/2 OF THE SW 1/4 AND A FOUND IRON PIN WITH CAP "PLS 1439"; THENCE ALONG SAID WEST LINE, NO2"34'52"E A DISTANCE OF 671.33 FEET TO THE POINT OF BEGINNING. SAID TRACT OR PARCEL OF LAND CONTAINING 20.23 ACRES (881,425 SQUARE FEET), MORE OR LESS. ® 0 Vl shinpton County,-qR certify this instrument was filed on 10/02/2023 02:05:58 PM and recordetl in Real Estate File Number 2023-0002575e Kyle Sylvester- Circuit Clerk by CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 19, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Donna Wonsower, Planner DATE: CITY COUNCIL MEMO 2023-952 SUBJECT: RZN-2023-0017: Rezoning (N. TRUCKERS DR./THE LENNON, 208): Submitted by ELDRIDGE BROOKS PLLC for property located at N. TRUCKERS DR in WARD 2. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 20.23 acres. The request is to rezone the property to RMF-18, RESIDENTIAL MULTI -FAMILY, EIGHTEEN UNITS PER ACRE. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located in north Fayetteville between Hwy 112 and Deane Solomon Rd., and contains one 20.23-acre parcel originally part of the Park West RPZD, Residential Planned Zoning District. The Park West RPZD was a mixed -use development approved by City Council in 2006 with Ordinance 4820. The RPZD zoning expired in 2011 without development and the property is effectively without a zoning designation. The Park West development was originally planned on approximately 140 acres; however, much of the original RPZD has been rezoned since the original approval expired. This includes areas currently developed with Fellowship Bible Church to the north and Grand Retirement to the south. The subject proposal will rezone 20.2 acres of the remaining 59.6 acres of the remaining RPZD. A more detailed zoning history of the subject property and nearby land is included in the attached Planning Commission memo. Request: The request is to rezone the property from RPZD, Residential Planned Zoning District to RMF-18, Residential Multi -Family, Eighteen Units per Acre. Public Comment: Five members of the public have emailed staff expressing conditional support for the project. All stated that the proposed density could be beneficial provided impacts to sensitive natural areas and drainage are carefully considered. Land Use Compatibility: Staff finds the request to be compatible with the surrounding context. The parcel is adjacent to residential properties of mixed densities to the west and south, with a commercial church property to the north and another parcel with the existing RPZD zoning to the east. During the staff -initiated rezoning in 2015, staff recommended CS, Community Services, which has no density cap. RMF-18 has a maximum Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 density cap of eighteen units per acre but would allow both single- and multi -family dwellings on this parcel to support adjacent commercial developments. Additionally, some commercial uses, such as limited business, professional offices, cultural and recreational facilities, and home occupations are allowed by conditional use permit in the RMF-18 zoning district. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The infill score is 5 at the highest level, indicating the area can support additional density if it, but to the extent limited by the proposed RMF-18 zoning district. The request meets Goal 1: Appropriate Infill; Goal 2: Discourage Suburban Sprawl; Goal 3: Growing a Livable Transportation Network; and Goal 6: Create Opportunities for Attainable Housing of City Plan 2040. Access to existing infrastructure near an interstate interchange, employment opportunities, and services makes the property suitable for a variety of housing types. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates five attributes for this site that may contribute to appropriate infill. The following elements of the matrix contribute to the score, which ranges from 2-5: • Near Sewer Main (10" Sewer Main bisecting parcel) • Near Water Main (6" PVC, N. Gilbert St.) • Near Grocery Store (Sam's Club) • Near Paved Trail (Clabber Creek Trail) • Appropriate Future Land Use DISCUSSION: At the July 24, 2023 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Garlock made the motion and Commissioner Madden seconded. The was some discussion regarding adjacent streets and planned connections indicated on the Master Street Plan; staff clarified that these connections would be evaluated at the time of a development proposal. No members of the public spoke during the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF, Exhibit A, Exhibit B, Planning Commission Staff Report, RZN-23-17 Hydric Soil Exhibit, RZN-23-17 Floodplain Exhibit, RZN-23-17 Topography Exhibit, Steven Brooks - Rezoning EAC, Environmental Action Comittee Report Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-952 RZN-2023-0017: Rezoning (N. TRUCKERS DR./THE LENNON, 208): Submitted by ELDRIDGE BROOKS PLLC for property located at N. TRUCKERS DR in WARD 2. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 20.23 acres. The request is to rezone the property to RMF-18, RESIDENTIAL MULTI -FAMILY, EIGHTEEN UNITS PER ACRE. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-017 LOCATED NEAR NORTH TRUCKERS DRIVE IN WARD 2 FOR APPROXIMATELY 20.23 ACRES FROM RPZD, RESIDENTIAL PLANNED ZONING DISTRICT TO RMF-18, RESIDENTIAL MULTI -FAMILY, 18 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RPZD, Residential Planned Zoning District to RMF-18, Residential Multi -Family, 18 Units Per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2023-952 Item ID 8/15/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/28/2023 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2023-0017: Rezoning (N. TRUCKERS DR./THE LENNON, 208): Submitted by ELDRIDGE BROOKS PLLC for property located at N. TRUCKERS DR in WARD 2. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 20.23 acres. The request is to rezone the property to RMF-18, RESIDENTIAL MULTI -FAMILY, EIGHTEEN UNITS PER ACRE. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Fund Project Title V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE V0.111W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Donna Wonsower, Planner MEETING DATE: July 24, 2023 (UPDATED WITH MEETING RESULTS) SUBJECT: RZN-2023-0017: Rezoning (N. TRUCKERS DR./THE LENNON, 208): Submitted by ELDRIDGE BROOKS PLLC for property located at N. TRUCKERS DR. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 20.23 acres. The request is to rezone the property to RMF-18, RESIDENTIAL MULTI -FAMILY, EIGHTEEN UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2023-0017 to City Council with a recommendation of approval. RECOMMENDED MOTION: "l move to forward RZN-2023-0017 to City Council with a recommendation of approval. " BACKGROUND: The subject property is located in north Fayetteville between Hwy 112 and Deane Solomon Rd., and contains one 20.23-acre parcel originally part of the Park West RPZD, Residential Planned Zoning District. The Park West PZD was a mixed -use development approved by City Council in 2006 by ordinance number 4820. The RPZD zoning expired in 2011 without development and the property is effectively without a zoning designation at this time. The Park West development was originally planned on approximately 140 acres; however, most of the original PZD has been rezoned since the original approval expired: 1. 25.0 acres was rezoned to CS, Community Services on January 7, 2014. 2. 20.5 acres was rezoned to RMF-12, Residential Multi -Family, twelve Units per Acre on December 16, 2014. 3. 33.38 acres was rezoned to RSF-8 Residential, Single Family, eight units per Acre on February 17, 2015 (staff initiated). o This area has since been rezoned again on April 19, 2022 to a mix of 1) NS-G, Neighborhood Services General, 2) CS, Community Services, and 3) UT, Urban Thoroughfare. 4. 59.6 Acres retains the original expired RPZD designation, including the parcel being requested in this report. These parcels were originally included in the staff -initiated rezoning listed above. Staff and Planning Commission recommended the properties be rezoned to CS, Community Service; however, the parcels were pulled from the ordinance for further review by the Environmental Action Committee (see attached email). The committee provided several recommendations; however, it is unclear Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 1 of 36 what happened to the rezoning efforts after the Environmental Action Committee made these recommendations. The subject proposal will rezone 20.2 acres of the remaining 59.6 acres of remaining RPZD zoning district. The surrounding zoning and land uses are depicted below in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Religious Facility CS, Community Services South Retirement Community RMF-12, Residential Multi -Family, 12 Units per Acre East Undeveloped RPZD, Residential Planned Zoning District (Expired) West Single -Family Residential RA, Residential Agriculture Request: The request is to rezone the property from RPZD, Residential Planned Zoning District to RMF-18, Residential Multi -Family, Eighteen Units per Acre. Public Comment: Four members of the public have emailed staff expressing conditional support for the project. All stated that the proposed density could be beneficial provided impacts to sensitive natural areas and drainage are carefully considered. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along North Truckers Drive, a fully improved residential link street with asphalt paving, curb and gutter and sidewalk. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the Subject area. Existing 8-inch water main is present on the South side of Subject Property. Sewer: Sanitary Sewer is available to the Subject area. Existing 12-inch sewer main is present in the Southwest corner of the subject property. Existing 10-inch sewer main is present across the subject property. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 8, located at 2266 W. Deane St., protects this site. The property is located approximately 2.5 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. Police: The Police Department expressed no concerns with this request. Drainage: No portion of the property is within a FEMA floodplain or have hydric soils. The property is also not located within the Hillside -Hilltop Overlay District. A protected stream cuts through the western third of the property. Streamside Protection Zones Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 2 of 36 generally consists of a protected area on each side of a stream or creek. This "protected area" is meant to preserve woody vegetation and natural areas along stream corridors to improve/protect stream health. At a minimum, it will be 50ft wide as measured from the top of bank but depending on the shape and extents of the floodway, it could be substantially more. Certain construction activities such as trails and some utilities are allowed in these zones, but in general, improvements such as parking lots or buildings are prohibited. Tree Preservation: The proposed zoning district of RMF-18, Residential Multi -Family, Eighteen Units per Acre requires 20% minimum canopy preservation. The current zoning district of RPZD, Residential Planned Zoning District requires 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single-family to multi -family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety, and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level on connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranged score of 2-5 for this site, with a weighted score of 6 at the highest. The following elements of the matrix contribute to the score: • Near Sewer Main (10" Sewer Main bisecting parcel) • Near Water Main (6" PVC, N. Gilbert St.) • Near Grocery Store (Sam's Club) • Near Paved Trail (Clabber Creek Trail) • Appropriate Future Land Use FINDINGS OF THE STAFF 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: Staff finds the request to be compatible with the surrounding context. The parcel is adjacent to residential properties of mixed densities to the west and south, with a commercial church property to the north and another parcel with the existing RPZD zoning to the east. During the staff -initiated rezoning in 2015, staff recommended CS, Community Services which has no density cap. RMF-18 has a maximum density cap of eighteen units per acre but would allow both single- and multi- family dwellings on this parcel to support adjacent commercial developments. Additionally, some commercial uses, such as limited Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 3 of 36 business, professional offices, cultural and recreational facilities, and home occupations are allowed by conditional use permit in RMF-18 zoning district. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The property has a weighted infill score of 6. A moderate infill score indicates that the area can likely support additional density if it is feasible under the proposed zoning entitlements. The request meets Goals 1 and 6 of City Plan 2040, by providing appropriate infill development, as well as by providing a potential for a variety of housing types, which could help fulfill a goal towards the provision of more attainable housing. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that a rezoning to RMF-18 is justified. Currently, the property is zoned RPZD Park West, but all development rights have expired. This creates challenges for both the current property owner and any future buyers as nothing may be developed on the property without a rezoning. Several parts of the RPZD have been rezoned, with this parcel being one of two remaining. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The property is currently undeveloped and there are no development rights since the PZD approval has expired. Any rezoning action will increase congestion in the area. However, new development will also create the requirement for new streets and street improvements consistent with the master street plan that will help facilitate traffic flows. Adequate street connections to Deane Solomon, Hwy 112, and Truckers Drive, as well as internal connectivity between developments should minimize traffic danger and congestion. 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 RMF-18 is likely to increase population density and therefore the load on public services; however, the impact is not expected to be detrimental. Adequate water and sewer connections are available to the site, suggesting the area can support the increase and avoid costly extensions to services. Fayetteville Public Schools did not comment on this request. 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; Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 4 of 36 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 recommend forwarding RZN-2023-0017 to City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: July 24, 2023 O Tabled O Forwarded O Denied Motion: GARLOCK Second: MADDEN Vote: BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.15 District RMF-18, Residential Multi -Family — Eighteen (18) Units Per Acre • Zoning Background o ORD-4820 Park West RPZD excerpts o Original Planning Areas and Current Zoning Exhibit o City Council Minutes o Environmental Action Committee Recommendations o Email from Legal • Applicant Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 5 of 36 161.15 District RMF-18, Residential Multi -Family — Eighteen (18) Units Per Acre (A) Purpose. The RMF-18 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a medium density that is appropriate to the area. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 26 Multi -family dwellings Unit 41 Accessorydwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre I Eighteen 18 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a manufactured home park 50 feet Single-family 40 feet Two 2 family 40 feet Three 3 and more 75 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 square feet Townhouse: Individual lot 2,500 square feet Single-family 4,000 square feet Two 2 family 5,000 square feet Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 6 of 36 Three 3 or more 7,500 square feet Fraternity or Sorority 2 acres Professional offices 1 acre (3) Land Area Per Dwelling Unit. Manufactured Home 13,000 square feet (E) Setback Requirements. Front Side Other Side Rear Rear Uses Single & Other Single Two (2) Uses Family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 12 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 right-of-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. 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 side boundary line of an adjacent single family 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. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 4325, 7-3-01; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20- 10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 8, 9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6625, §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427 (Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section." Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 7 of 36 Planning Area 1 (PA-1) — Single Family Residential AREA: 26.05 acres (A) Purpose. See project booklet (B) Uses. (1) Permitted uses. Unit 1 t right City-wide uEdel Unit 8 Single-family lin Unit 9 Two-familyn sUnit 10 Three-famiin sUnit 24 Home occu 2 Conditional uses. Unit 2 City-wide uses by conditional use omit (C) Density. Single-family, Two- and Three-family dwellings Units per acre 1 4 or less (D) Bulk and area regulations. 1) Lot width minimum. Single family 30 ft. Two-family 30 ft. (per unit 'Three-family 30 ft. (per unit) (2) Lot area minimum. Townhouse: Individual lot 2,500 sq. fLI t. Single-family 4,000 sq. ft. Two-family 2,400 sq. ft. (per unit Three-family 2,400 s . ft. er unit 3 Land area per dwelling unit. Townhouses & apartments No bedroom rl, 0 sq. ft. One bedroom 0 sq. ft. Two or more bedrooms 2,000 sq. ft. (E Setback re uirements. Front Side Rear Single- 14' * 6' Minimum family 10' ** Two- and 14' * 0' Minimum Three- 10' ** family * A build -to line. ** The rear building setbacks may range from 10' to 20' depending on the location of utilities. All structures shall be setback 20' from the centerline of any alley or easement. (F) Height. No structure shall exceed three stories, exclusive of the basement. (G) Building area. Detached dwelling Units: On any lot the area occupied by all buildings shall not exceed 60% of the total area of such lot. Attached dwelling Units: On any lot the area occupied by all buildings shall not exceed 80% of the total area of such lot. (H) Maximum Dwelling Units: 91 (I) Architectural Design Standards: Reference the Project Booklet Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Page 8 of 36 Planning Area 2 (PA-2) — Town Homes/Single Family Attached AREA: 12.15 acres (A) Purpose. See project booklet (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellin Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 24 Home occupations Unit 26 _ Multi-famil dwellings (2) Conditional uses. U�ut 2 City-wide uses by conditional use cnnit C Density. Single-family, Two- and Three-family dwellings Units per acre 6 or less (D) Bulk and area regulations. (1) Lot width minimum _ Single family 30 ft. Two-family 30 A. (per unit) Three and more 30 ft. (per unit) (2) Lot area minimum Townhouse: Individual lot 2,700 sq. ft. Single-family 2,700 sq. ft. Two-family 2,700 sq. ft_(per unit) Three or more 2,700 sq. ft.(per unit 3 Land area per dwe_/_li�tunit. Townhouses & apartments i No bedroom 1,000 sq. it. One bedroom 1,000 sq. ft. Two or more bedrooms 1,200 sq. ft. �E Setback requirements. Front Side Rear _ Single- to, * 0' Mitrimum20', family 30' from centerline of alley or easement Two- and 10' * 0' Minimum 20% Three- 30' from family centerline of alley or easement * A build -to line, wherever possible. (F) Height- Minimum two (2) stories. Maximum 45 feet. (G) Building area. On any !lot :the area occupied by all buildings shall - not exceed 80% of the total area of such lot. (H) Maximum Dwelling Units: 72 (I) Architectural Design Standards: Reference the Project Booklet Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Page 9 of 36 Planning Area 3 (PA-3) — Plaza Condominium AREA: 4.01 acres (A) Purpose. See project booklet (B) Uses. (1) Permitted uses. U:,it 1I Cit -wide uses b ri t Unit 8 Single-family dwelling Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Offices, studios and related services Unit 13 Eating places I Unit 15 Neighborhood shopping goods Unit 16 Shopping oods Unit 25 Professional offices Unit 26 Multi -family dwellin s 3 Land area_tYerdwellin unit. Townhouses & apartments No bedroom 1,000 sq. ft. One bedroom 1,000 sq. R. Two or more bedrooms 1,200 sq. ft. L Setback requirements. Front Side Rear l 20 0' 20' ] (F) Height. Minimum two (2) stories. Maximum seven (7) stories. (G) Building area. 85% of the site (H) Maximum Dwelling Units: 160 (1) Maximum Bedrooms: 320 (J) Maximum Intensity: 26,000 sq. ft. non- residential use (2) Conditional uses. _ Unit 2 City-wide uses by conditional (K) Architectural Design Standards: use permit Reference the Project Booklet Unit 14 Hotel, motel, amusement facilities Unit 24 Home occupations (C) Dens- it . Units 140 or less I) (D) Bulk and area regulations. 1) Lot width minimum. Single family 30 & Two-family 30 ft. Three and more 30 ft. Non-residential 0 ft (2) Lot area minimum. Townhouse: Individual lot 3,000 sq. ft. Single-family 3,000 sq. ft. _ Two-family 3,000 sq. ft. Three or more 3,000 sq. ft. Non -Residential No Minimum Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 10 of 36 Planning Area 4 (PA-4) — Courtyard Multi -Family AREA: 7.83 acres (A) Purpose. See project booklet (B) Uses- (1) Permitted uses. Unit 1 Unit 8 City-wide uses by right Single-family dwelling Unit 4 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Offices, studios and related services Unit 13 Hating places Unit 15 Neighborhood sho in oods Unit 16 Shopping goods Unit 25 Professional offices Unit 26 Multi -family dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Public protection and utility Unit 3 facilities Unit 4 Cultural and recreational facilities Unit 24 _ Home occupations C Density. Units per acre 40 or less (E) Bulk and area regulations. 1 Lot width minimum. Sin e famil 30 ft. Two-family 30 ft. Three and more 30 ft. (2) Lot area minimum. Townhouse: Individual lot 3,000 sq. ft. Single-family 3,000 sq. ft. Two-farrdly 3,000 sq. ft. Three or more 3,000 sq. ft. Non -Residential No Minimum Q) ,land area per dwelling unit._.. Townhouses & apartnients No bedroom 1,000sq. ft. One bedroom 1,000 sq. ft. Two or more bedrooms 1,200 sq. ft. (E) Setback requirements_ _ Front Side Rear 16' from a public street 16' 16' or alley 10' from a private drive or access easement (F) Height. Minimum two (2) stories. Maximum four (4) stories. (G) Building area. 85% of.the site (H) Maximum Dwelling Units: 313 (1) Maximum Bedrooms: 626 Q) Maximum Intensity: 25,000 sq. ft. non- residential use (K) Architectural Design Slandards: Reference the Project Booklet Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 11 of 36 1Planning'Area 5 (I'A-5)—Multi-Family Residential AREA: 4.79 acres (A) Purpose. See project booklet (B) Uses. 1 Permitted uses. Unit 1 City-wide uses by right Single-family dwelling Unit 8 Unit 9 Two-family dwellings _ Unit 10 Three-family dwellings Unit 12 Offices, studios and related services_ Eating laces Unit 13 Unit 15 Neighborhood shopping oods Unit 16 ShoppingShoppiag oods Unit 25 Professional offices Unit 26 Multi -family dwellin s (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 24 Home occupations (C) Density. If Units per acre 136 or less_ J (F) Bulk and area regulations. 1 Lot width minimum. Single famil 30 ft. Two-family 30 ft. Three and more 30 ft. 2 Lot area minimum. Townhouse: l Individual lot 13,000 sq, ft. I Sin le-famil . 3,000 sq. ft. Two-famil 3,000 sq. ft. Three or more 3,000 sq. ft. �3 Land area perd►vellin unit. Townhouses & apartments No bedroom 1,000 sq. ft. Onc bedroom 1,000 sq. ft. Two or more bedrooms 1,200 ft. E2 setback re urrements. Front Side Rear 30' from a public street 10, 20' 10' from a private drive or access easement (F) Height. Minimum two (2) stories. Maximum 4 stories otherwise. (G) Building area. 85% of the site (R) Maximum Dwelling Units: 172 (n Maximum Bedrooms: 344 (J) Maximum Intensity: 10,000 sq. ft. non- residential use (K) Architectural Design Standards: Reference the Project Booklet Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 12 of 36 Planniieg Area 6, 7, 8, 9 (PA 6, PA 7, PA- 8, PA-9) — Preserve/Botanical/Detention AREA: PA-6: 4.85 acres PA-7: 1.17 acres PA-8: 2.31 acres PA-9: 10.47 acres (A) Purpose. See project booklet (B) Uses. (1) Permitted uses. y-_ Unil 1 Citwide uses by ri�hl _(2) Conditional_ uses. Unit 4 Cultural and recreational facilities — - (C)Density. None (not applicable) (G) Bulk and area regulations. None (not applicable) (l:) Setback requirements. Front Sidc Rear 15, - _ - — -- 10 F— 15' (F) Height. No maximum height. (G) Building area. No maximum building area. .(H) Maximum Dwelling Units: Not applicable (1) Maximum Bedrooms: Not applicable (J) Architectural Design Standards: Not applicable Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 13 of 36 Planning Area 10 (PA-10) — Civic Lawn AREA:. 1.24 (A) Purpose. See project'booklet (B) Uses. I) Permitted uses. Unit 1 City-wide uses by right 2 Conditional uses. Unit 4 Cultural and recreational facilities (C)Density. None (not applicable) Brilk and area regulations. None (nut applicable) 1i Setback requirements. Front _ Side Rear 15' 10' 15' (F) Heif;ht. No maximum height. (G) Buileling area. No maximum building area. (11) Maximum Dwelling Units: Not applicable (1) Maximum Bedrooms. Not applicable (J) Architectural Design Standards: Not applicable Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 14 of 36 Planning Area 11, 12 (PA-1 1, PA-12) — Mixed Use Districts AREA: PA-11: 31.82 acres PA-12: 5.77 acres (A) Purpose_ See project booklet (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 8 Single-family dwellin Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Offices, studios and related services Unit 13 Eatingplaces Unit 14 Hotel, motel, and amusement facilities 15 Neighborhood shopping oods _ _Unit Unit 16 Sho2ping goods Unit 17 Trades and services Unit 19 Commercial recreation, small sites Unit 24 home occupations Unit 25 Professional offices Unit 26 Multi-fairdly dwellings Unit 34 Liquor store (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 5 Government facilities Unit 18 Gasoline, service stations, and drive-in restaurants Unit 21 Warehousing and wholesale _ Unit 29 Dance halls _ Unit 35 Outdoor music establishments C Density. _ Units per acre T 24 or less (H) Bulk and area regulations. l Lot width minimum. Sin le family �- 30 ft. Two-fan-ffly 30 ft. Three and more _ 30 ft. Non-residential 0 ft. (2) Lot area minimum. Townhouse: Individual lot 3,000 sq. ft. Single-family 3,000 sq. ft_ Two-family 3,000 sq. ft. Three or more 3,000 sq. ft. Non-residential 3) Land area per dwelling unit. Townhouses & apartments No bcdroom 1,000 sq. fl. One bedroom 1,000 sq. ft. Two or more bedrooms 1,200 sq. ft. E Setback rer uirements._ _ _ Front Side y Rear 8' to 12' * 20' from public or 5' private access 0' from internal side propertyproperLy lines _ * A build -to line (F) Ifeight. Structures immediately adjacent to the civic lawn shall have a minimum height of 30'. Structures adjacent to main streets shall be a minimum two - stories in height. Maximum heighf of four (4) stories otherwise. (G) Building area. 85% of the site (H) Maximum Dwelling Units: PA-1 1: 783 PA-12: 138 (1) Maximum Intensity: PA-1 1: 520,000 sq. ft. PA-12: 60,000 sq. ft. (J) Architectural Design Standards: Reference the Project Booklet Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 15 of 36 Planning Area 13 (PA-13) — Neighborhood Commercial AREA: 4.21 acres (A) Purpose. See project booklet (B) Uses. (1) Permitted uses_ Unit 1 City-wide uses by right Unit 12 Offices, studios and related services Unit 13 Eating laces Unit 15 Neighborhood shopping oods Unit 18 Gasoline, service stations, and drive-in restaurants Unit 25 _ Professional offices Unit 26 Multi -family dwellings _ (2) Conditional uses_ Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 35 Outdoor music establishments Urut 36 Wireless communication facilities (C) Density. Units per acre _24 or less (D) Bulk and area regulations. (1) Lot width minimum. Residential Use — None Non-residential — None (2) Lot area minimum. Residential Use — None Non-residential — None (3) Land area per dwelling unit. Townhomes or Apartments: *No bedroom 1,700 sq. ft. *One bedroom 1,700 sq. ft. *Two bedroom 2,000 sq: ft. (E) Setback requirements. Front Side Rear 50, 0' -- -- 20' 25' when contiguous to residential district (F) Height. Maximum 4 stories (G) Building area. 85% of the site (H) Maximum Dwelling Units: 15 (1) Maximum Bedrooms: 30 (1) Maximum Intensity: 15,000 sq. ft. (K) Architectural Design Standards: Reference the Project Booklet Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 16 of 36 Planning Area 14 (PA-14) — Thoroughfare Commercial (C) Density. None AREA: 15.55 acres (1) Bilk and area regulations, None. (A) Purpose. See project booklet (B) Uses. (1) Permitted uses_ Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12 Offices, studios and related services Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 15 Neighborhood shopping goods Unit 16 Shopping goods Unit 17 Trades and services Unit 18 Gasoline, service stations, and drive-in restaurants Unit 19 Commercial recreation, small 25Professional kdsites offices Liquor store (2) Conditional uses. Unit 1 City-wide uses by right Unit 2 City-wide uses by conditional use Permit Unit 3 Public protection and utility facilities Unit 21 Warehousing and wholesale Unit 29 Dance halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities ttil .Sethack reauirements_ Front Side Rear 40' 0' 20' 25, when 25' when contiguous to contiguous to residential residential district district (F) Height. Maximum 7 stories. (G) Building area. On any lot the area occupied by all buildings shall not exceed 70% of the total area of such lot. (H) Maximum Dwelling Units: Not Applicable (I) Maximum Bedrooms: Not Applicable Q) Maximum Intensity: 200,000 sq. ft. (J) Architectural Design Standards: Reference the Project Booklet Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Page 17 of 36 Plagning Area 15 (PA-15) —Parks and Trails AREA: 7.18 acres (A) Purpose. See project booklet () Uses. (l) Permitted rrses. _ Unit 1 __ City-wide uses by right- (C)Density. None (not applicable) (D) Bulk and area regulations. None (not applicable) (Ii) Setback re «irements. Front Side Rear 1151-1 10' 15' (F) Height. No maximum height. (G) Building area. No maximum building area. (I) Maximum Dwelling Units: Not applicable (1) Maximum Bedrooms: Not applicable (.l) Architectural Design Standards: Not applicable Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 18 of 36 a Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 19 of 36 4 ORIGINAL PLANNING AREAS / CURRENT ZONING EXHBIT -------------- CURRENT REZONING DCnl ICCT I RZN-2023-0017 (THE LENNON) Paqe 20 of 36 City Council Meeting Minutes February 17, 2015 Page 4 of 19 Alderman Kinion: This is the language to take our current code and put it into compliance with the suggestion of the ADEQ and the EPA. This specific revision of the code that we are talking about tonight doesn't have a direct impact on rates. We are bringing some terminology up, to make it in line with current usage. City Attorney Kit Williams: It was under an abundance of caution that we went ahead and publicized this, as if it did affect the rate. The effect on rates with this particular ordinance should be very minimal, if any. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Schoppmeyer was absent. Ordinance 5 73 9 as Recorded in the office of the City Clerk RZN 14-4882 (East Side of Rupple RD./Westside Village): An ordinance rezoning that property described in Rezoning Petition RZN 14-4882, for approximately 21.63 acres, located on the east side of Rupple Road North of the Boys and Girls Club, from R-PZD, Residential Planned Zoning District R-PZD 06-1884 Westside Village, to NS, Neighborhood Services. This ordinance was left on the First Reading at the February 3, 2015 City Council meeting. Alderman Gray moved to suspend the rules and go to the second reading. Alderman Marsh seconded the motion. Upon roll call the motion passed 6-1. Alderman Long voting no. Alderman Schoppmeyer was absent. City Attorney Kit Williams read the ordinance. A discussion followed about leaving the ordinance on the second reading. Council members from Ward 4 requested more time to visit with citizens. This ordinance was left on the Second Reading. RZN 14-4883 (HWY. 112 North of Truckers Drive/Parkwest): An ordinance rezoning that property described in Rezoning Petition RZN 14-4883, for approximately 93.04 acres, located at HWY 112 North of Truckers Drive from R-PZD 05-1796, Residential Planned Zoning District Park West, to RSF-8, Residential Single Family, 8 units per acre, and CS, Community Services. This ordinance was left on the First Reading at the February 3, 2015 City Council meeting. Alderman Gray moved to suspend the rules and go to the second reading. Alderman Kinion seconded the motion. Upon roll call the motion passed 7-0. Alderman Schoppmeyer was absent. City Attorney Kit Williams read the ordinance. Planning Commission 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 21 of 36 City Council Meeting Minutes February 17, 2015 Page 5 of 19 Jeremy Pate, Director of Development Services gave a brief description of the ordinance. He stated the item was a staff initiated rezoning. The Planning Commission is recommending approval 9-0 in favor of the request. Alderman Marsh: I've gotten a few concerned inquiries regarding the sensitive riparian areas on the site. What protection will those areas have if this were to go forward? Jeremy Pate: Any zoning district would have to look at the development proposal. We would look at whether there is a streamside protection area and designated wetlands. Alderman Marsh: Just to be clear, our Streamside Protection ordinance will protect the critical areas. Jeremy Pate: If it applies. We don't know if it applies currently without a development proposal and seeing if there is actually a stream bank that drains at least 100 acres. We would have to look at our maps to understand that. Joe Neal, 145 East Cleburn stated his concerns about a portion of the acreage with the proposed rezoning request. He stated he is not sure that anyone has looked at the seasonal wetlands issue. He stated that wetland soils, wetland plants, wetland birds and all kinds of wetland ecological issues need to be taken into consideration. He stated if we continue to lose wetlands, he would like the Council to mitigate losses and take into account what is being lost if authorization of the development of the property is granted. Aubrey Shepherd, Citizen stated he would like the City Council to engage in some change to ordinances that would require the Planning and Engineering Departments to go back to having a Corp of Engineers delineation of seasonal wetlands. He expressed his concerns if all the acreage was rezoned to eight houses per acre. Alderman Marsh: Has this been through the Environmental Action Committee? Alderman Long: It was not on the last agenda. It can be added to the next one. Alderman Marsh: I would like to see that done. Maybe we could split off the 33.38 acre parcel and go ahead and rezone that, then refer the balance in the critical areas to the Environmental Action Committee. A discussion followed about sending the item to the Environmental Action Committee for review. Alderman La Tour: Do we know if the current landowner has an opinion? Jeremy Pate: I don't know. It's owned by a bank. We have notified them of what staff is presenting. Rezoning's do not go to the Environmental Action Committee, unless the Council sends it there. There are no eminent plans that we are aware of to sell the balance of this property or to develop it at this time. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.90vPlanning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 22 of 36 City Council Meeting Minutes February 17, 2015 Page 6 of 19 A discussion followed about rezoning the property to. allow it to be more marketable within the city, whereas the property currently has no developing or rezoning rights. Alderman Gray: Is it possible to break this off as Alderman Marsh has suggested? City Attorney Kit Williams: This was proposed by staff. Staff would have the right to divide it. My advice is that we need to have some zoning on it that would allow at least some kind of development to go on it, whatever zoning you believe is the most appropriate. Jeremy Pate: It would be fine to split it off or leave it all and have it go through at the same time. Alderman Marsh encouraged City Council members to rezone only 33.38 acres and send the ordinance to the Environmental Action Committee for review. Mayor Jordan: What do Ward 4 Council members think? Alderman Long: I haven't heard anything from people who live in the area. I didn't want it to move to the second reading at the last meeting, because I usually do hear from people in this area. I haven't had any objections from constituents. I'm happy to take it to the Environmental Action Committee next month. Alderman La Tour: I haven't heard from any constituents. If I were a stockholder in that bank, I would feel very imposed upon to have City Council say this is wetland and you can't do anything with it. That takes away economic value. Alderman Long: This isn't restricting the bank's rights. It is allowing them to do something with it. Right now they can't build anything on it. This discussion will put value in their property. A discussion followed regarding how the ordinance and exhibits would be written if it was amended to rezone 33.38 acres to RSF-8. Alderman Marsh moved to amend the ordinance to rezone only 33.38 acres with an RSF-8 zoning and not rezone the additional property. Alderman Gray seconded the motion. Upon roll call the motion to amend passed 7-0. Alderman Schoppmeyer was absent. Alderman Marsh moved to suspend the rules and go to the third and final reading. Alderman Gray seconded the motion. Upon roll call the motion passed 7-0. Alderman Schoppmeyer was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Schoppmeyer was absent. Ordinance 5740 as Recorded in the office of the City Clerk Planning Commission 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov July 24, 2023 RZN-2023-0017 (THE LENNON) Page 23 of 36 Garner, Andrew From: Nierengarten, Peter Sent: Monday, April 27, 2015 8:59 AM To: Garner, Andrew Cc: Pate, Jeremy; Brown, Chris Subject: EAC Recommendation regarding Parkwest Rezoning Hi Andrew, On Monday, April 20t", the Environmental Action Committee (EAC) passed a recommendation to City Council regarding the proposed rezoning of 59.66 acres along Hwy 112 (formerly Park West). The Environmental Committee: • Encourages preservation in this area • Encourages LID when developed • Recommends front zoning be broken off (different) from the remainder of the property • Encourages family element to the zoning so that Parkland Dedication can be contiguous to the property • Recommends EAC review this property again if rezoned in the future Let me know if you have any questions about this. Peter Nierengarten Sustainability & Resilience Department Director City of Fayetteville, Arkansas 479.575.8272 Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Page 24 of 36 Wonsower, Donna From: Masters, Jessica Sent: Wednesday, June 28, 2023 7:58 AM To: Pennington, Blake; Wonsower, Donna Subject: RE: Ordinance 5740 - CS? Thanks Blake and Donna for looking into the matter! We'll include some inclusion of this conversation in the background section of the report. Jessie Jessie Masters, AICP Development Review Manager City of Fayetteville, Arkansas (479) 575-8239 www.fayetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube CITY OF FAYETTEVILLE wpKwNsws From: Pennington, Blake <bpennington@fayetteville-ar.gov> Sent: Tuesday, June 27, 2023 5:23 PM To: Wonsower, Donna <donsower@fayetteville-ar.gov>; Masters, Jessica <jmasters @fayetteville-ar.gov> Subject: RE: Ordinance 5740 - CS? If this was a staff -initiated rezoning then it must have been one of the PZDs that had lost all development rights (at that time PZDs expired after a certain amount of time). Our office had recommended bringing all of those PZDs in similar situations back to the City Council to be rezoned so they could have some development entitlement. Sometimes it was to revert to the zoning just prior to the PZD zoning; in other cases, I think the property owner had some input. Just glancing through this report, staff had recommended both the RSF-8 and CS. It's not entirely clear who should have shepherded the CS area back to the City Council after the EAC made its recommendation. I have never seen that situation before and I'm not sure how Andrew and Jeremy handled it after that. In any event it needs to be rezoned to something because it sounds like there is no development entitlement at all. Blake E. Pennington Senior Assistant City Attorney City of Fayetteville, Arkansas bDenninatonafavetteville-ar.aov Direct: 479.575.8312 www.fayetteville-ar.gov C T ', 0 F WOO FAYETTEVILLE ARKANSAS Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 25 of 36 RZN 2023-0017 Public water is available to the Subject area. Existing 8-inch water main is present on the South side of Subject Property. Sanitary Sewer is available to the Subject area. Existing 12-inch sewer main is present in the Southwest corner of the subject property. Existing 10-inch sewer main is present across the subject property. The subject area has frontage along North Truckers Drive. North Truckers Drive is a Fully improved Residential Link street with asphalt paving, curb & gutter and Sidewalk. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Does any portion of the subject area lie within the Hillside -Hilltop Overlay District? ❑ Yes ❑X No Comments: If Yes, additional restrictions will apply at the time of development. Engineered footing designs will be required at the time of building permit submittal, as well as grading, erosion control and abbreviated tree preservation plans. Does any portion of the subject area lie within a FEMA Floodplain? ❑ Yes ❑X No Comments: If Yes, a floodplain development review will be required at the time of permit or plan submittal. This will restrict the type of development and impact in flood zones; and may require additional documentation such as flood studies or elevation certificates depending on the type of development. If a development impacts a floodplain, those impacts may require review and approval from FEMA. Is a protected Stream present in the subject area? ❑X Yes ❑ No Comments: If Yes, Streamside Protection Zones generally consists of a protected area on each side of a stream or creek. This "protected area" is meant to preserve woody vegetation and natural areas along stream corridors to improve/protect stream health. At a minimum, it will be 50ft wide as measured from the top of bank but depending on the shape and extents of the floodway, it could be substantially more. Certain construction activities such as trails and some utilities are allowed in these zones, but in general, improvements such as parking lots or buildings are prohibited. Are any Hydric Soils present in the subject area? ❑ Yes ❑X No Comments: If Yes, Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It's important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of jurisdictional Wetlands will be required at the time of development submittal. Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 26 of 36 CITY OF FAYETTEVILLE ARKANSAS To: Jesse Masters, Planner CC: Battalion Chief Jeremy Ashley, Fire Marshal From: Captain Clint Price, Deputy Fire Marshal Date: 6/6/2023 Subject: RZN-2023-0017: Rezone: For parcel number 765-15830-007 Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 8, located at 2266 W Deane St., protects this site. The property is located approximately 2.5 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. Mailing Address 303 W. Center St. Fayetteville, AR 72701 www.fayetteville-ar.gov Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Page 27 of 36 May 19, 2023 City of Fayetteville Planning Division 125 West Mountain Street Fayetteville, Arkansas 72701 RE: Rezoning of Parcel No. 765-15830-007 To Whom It May Concern: ELDRIDGE BROOKS PAR+NERS I write on behalf of our client, Lennon Fayetteville Holdings, LLC, developer and owner of "The Lennon," a proposed project to be located near North Highway 112 in Fayetteville, Arkansas, owned by Willow Bend OptionCo, LLC (the "Applicant"). This letter regards the rezoning of Parcel No. 765-15830-007, as more particularly described on the attached as Exhibit "A", from its current designation of RPZD, Residential Planned Zoning District, to RMF-18, Residential Multi -Family — Eighteen (18) Units Per Acre. While RPZD allows for Applicant's intended use, which is to construct a multi -family residence that will accommodate a proposed density of 16 units/acre, RMF-18 is the tailored and best designation for both the City and Applicant. The subject property is bound by other residential use properties: to the west by Residential - Agricultural and the south by Residential Multi -family — Twelve (12) Units per Acre. Further, The Lennon is to be located adjacent to Fellowship Bible Church and near "The Aronson" mixed -use development recently approved by the City. The proposed rezone is compatible with and will not adversely affect these neighboring properties but instead, will add additional much -needed housing and planned connectivity to a fast-growing area. The City Plan 2040 Future Land Use designates the subject property as within a City Neighborhood Area, which are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. Rezoning to RMF-18 will allow for the development of multi -family residences at a medium density to address future land use goals and the City Neighborhood's dense residential use development, while leaving the lands directly adjacent to Hwy-112 available for future commercial development. In conclusion, the proposed rezoning for The Lennon will not unreasonably adversely affect or conflict with the surrounding land uses, is the highest and best use of the subject property, is in line with the City's 2040 Future Land Use and provides for efficient approval of a development plan under the Unified Development Code. Applicant respectfully requests the Planning Commission to vote in favor of Applicant's rezoning request. We appreciate your consideration of our proposal and look forward to working with you to create a vibrant and sustainable community. Sincerely Yours, 5&_ Steve Brooks 5100 WEST J.B. HUNT DRIVE, SUITE 840 • ROGERS, AR 72758 • 479-553-7678 Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Page 28 of 36 Willow ELDRIDGE BROOKS PAR+NERS L. Gilbert, Agent for Willow Bend OptionCo, LLC 5100 WEST J.B. HUNT DRIVE, SUITE 840 • ROGERS, AR 72758 • 179-553-7678 Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 29 of 36 Wonsower, Donna From: Planning Shared Sent: Monday, July 10, 2023 10:01 AM To: Wonsower, Donna Subject: FW: RZN-2023-0017 fyi Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube From: David Criswell <david.t.criswell@gmail.com> Sent: Monday, July 10, 2023 8:41 AM To: Planning Shared <planning@fayetteville-ar.gov> Subject: RZN-2023-0017 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I live near the area of RZN-2023-0017 and frequent the natural spaces near this property. I am writing to express conditional support for RZN 2023-0017 in the event that a bill of assurance is written agreeing to implement low impact development best practices to reduce impacts to the stream this property overlaps and the wetland that it drains into. The proposed density will be beneficial to the surrounding area. Excessive runoff and pollutants, however, will not be. Sincerely, David Criswell 2437 W HoneyLn Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Page 30 of 36 Wonsower, Donna From: Sent: To: Subject: Follow Up Flag: Flag Status: For you Thankyou Mirinda Hopkins Development Coordinator Planning Shared Monday, July 17, 2023 12:54 PM Wonsower, Donna FW: RZN-2023-0017 Follow up Flagged Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube F�_--e-- t = i From: Meredith Castin <meredithcastin@gmail.com> Sent: Monday, July 17, 2023 12:18 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: RZN-2023-0017 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello! I live near the area of RZN-2023-0017 and frequent the natural spaces near this property. I am writing to express conditional support for RZN 2023-0017 in the event that a bill of assurance is written agreeing to implement low impact development best practices to reduce impacts to the stream this property overlaps and the wetland that it drains into. The proposed density will be beneficial to the surrounding area to provide additional housing and as it will encourage much needed services be developed closer to the neighborhood at large. However, excessive runoff and pollutants into our preserved natural spaces will not be supported. Thank you for your consideration! Sincerely, Meredith Castin Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 31 of 36 Wonsower, Donna From: Planning Shared Sent: Tuesday, July 18, 2023 9:48 AM To: Wonsower, Donna Subject: FW: RZN-2023-0017 FYI Thankyou Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube From: Clark Eckels <clark.eckels@gmail.com> Sent: Tuesday, July 18, 2023 9:45 AM To: Planning Shared <planning@fayetteville-ar.gov> Subject: RZN-2023-0017 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I live near the area of RZN-2023-0017 and frequent the natural spaces and the greenway near this property. I am writing to express conditional support for RZN 2023-0017 in the event that a bill of assurance is written agreeing to implement low impact development best practices to reduce impacts to the stream this property overlaps and the wetland that it drains into. The proposed density will be beneficial to the surrounding area to provide additional housing and as it will encourage much needed services be developed closer to the neighborhood at large. However, excessive runoff and pollutants into our preserved natural spaces will not be supported. Clark Eckels Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Page 32 of 36 Wonsower, Donna From: Planning Shared Sent: Tuesday, July 11, 2023 10:17 AM To: Wonsower, Donna Subject: FW: RZN-2023-0017 Follow Up Flag: Follow up Flag Status: Flagged For you Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube V4Vv ~;.. From: Matt Phillips <matt.phillips96@gmail.com> Sent: Monday, July 10, 2023 5:50 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: RZN-2023-0017 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I live near the area of RZN-2023-0017 and I support this rezoning. I think higher density will help make this area more financially sound for the city as most of this area are single family homes. I do think as planning continues the water runoff would need to be carefully watched. Thanks, Matt Phillips 3549 West Grouse Rd 1 Planning Commission July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 33 of 36 RZN-2023-0017 One Mile View Re] RSF N. TRUCKERS DR - 0 0.13 0.25 0.5 Miles \ I � � -------------------- - - - - -- -� 1 1 1 1 1 I 1 J I Regional Link Neighborhood Link Freeway/Expressway — Unclassified — Residential Link Planned Residential Link Shared -Use Paved Trail — — Trail (Proposed) Design Overlay District Fayetteville City Limits iPlanning Area Subject Property CS RMF-12 - I I-1 3 ORTH 3?6 SCHEIDR i \ I I \ i C2 h N M y zoning I-2 Generel Intlusiriel RESIDENT IALSINGLE-FAMILY EXTRACTION =NSG =E-1 RI-U COMMERCIAL RI-iz Resitlenlial-081ne NS-L C-1 ResmanYaI Agrlcun I♦ c-2 C-3 _ RSF-1 FORM BASED DISTRICTS RSF< Downtown Gore Ll.n TlwrougM1 RSF-� Maln Street Center RSFA Dmmlwm Generel RSF-18 nmmunly Servi.s RESIDENTIALMULTI-FAMILY Neig—rha 1Servkes p RMIl -g—r— IIIIIIIII RM112 PLANNED ZONING DISTRICTS RMF-18 Commercial. IntlusNal. ResitleMial Planning Area ---= - RMF-za NSTITUTIONAL Fayetteville City Limits - - _ g RMF-CO _ R 1 INDUSTRIAL I-, Nesvy GnmmerclsleM LlgM lntlaeitlel July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 34 of 36 RZN-2023-0017 Close Up View NS-G N. TRUCKERS DR RSF-8 46 Subject Property ♦� Propo d RMF- 8 �. RPZD ■ ■ R-A ■ ■ ■ ■ I LBERT-ST, O G Q LESLIE DR w N u~i Z F- �W F RMF-12 W n O v (7 pgLVp 'NORTH BLD Zone Current Proposed Unclassified CS 0.0 0.0 RMF-18 0.0 20.2 Residential Link RPZD 20.2 0.0 Feet ■ ■ Planned Residential Link ' Planning Area 0 75 150 300 450 600 Fayetteville City Limits 1:2,400 Total 20.2 ac July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 35 of 36 RZN-2023-0017 N. TRUCKERS DR Current Land Use M Residential -Agricultural Unclassified Residential Link ■ ■ Planned Residential Link Trail (Proposed) Planning Area Fayetteville City Limits NORTH ��� fiR �� IIIIIIIII � m g 4 _ CommunityServices �7-7 Subject Property Multi -Family Residential Feet 0 112.5 225 450 1:3,600 Residential Planned Zoning District 675 900 FEMA Flood Hazard Data 100-Year Floodplain Floodway July 24, 2023 RZN-2023-0017 (THE LENNON) Paqe 36 of 36 Received By Jonathan Curth 08/10/2023 11:22 AM Received By Jonathan Curth 08/10/2023 11:22 AM 11 INIMAL FLOOD HAZARD t U (7`' Q z c`0 L 1 { • 9 t � t ti Zone AE 00 01 1 lii) 71 ;. .. Z Falb .. __. right Expy — e N.hp TO i < I N I M A L � H A Z A R D OF z4ay W I L S O N 0 0.05 0.1 0.2 i �` ; m 112 The do. contained herein was compiled from various sources for the sole use and benefit of the City of Fayetteville Geographic Information System and the public agencies it serves. Any use of the data by anyone other than the City of Fayetteville is at the sole risk 1 % Annual Chance Flood Hazard of the user; and by acceptance of this data, the user does hereby agree to indemnify the City of Fayetteville and hold the City of Regulatory Floodway Exhibit Fayetteville harmless from and without liability for any daims, actions, cost for damages of any nature, including the city's cost of defense, asserted by user or by another adsing from the use of this data. The City of Fayetteville makes no express or implied marutees with reference to the data. No word, phase, or clause found herein shall be construed to waive that tort immunity ast forth antler Arkansas law. Fayetteville, AR Created: 23 Credits: FEIVIA,EMA, City of FaYedeville. AR, 20231megery I EagleView Technologies I Surdea Corporation Map Author: 0.2%Annual Chance Flood Hazard Received By Jonathan Curth 08/10/2023 11:22 AM DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor City Council Kara Paxton, City Clerk -Treasurer CC: Susan Norton, Chief of Staff Jonathan Curth, Community Services Director FROM: Kit Williams, City Attorney-'� r DATE: August 21, 2023 Kit Williams City Attorney Blake Pennington Assistant City Attorney RE: Letter from Brooks claiming City Council lacked "consistency with its own set of rules and guidelines" when referring a rezoning issue to Environmental Action Committee Attorney Steven L. Brooks sent the City Council a letter dated August 17t' which criticized the City Council's decision to refer his proposed current rezoning issue to the Environmental Action Committee for advice when part of the same property earlier had been discussed and commented upon by this committee during an earlier rezoning request. He also claimed that the City or City Council violated "the City's Rules of Order and Procedure." As Fayetteville City Attorney, I need to review this and any other claims of improper conduct and action within Mr. Brooks' letter. I find that all such claims are without merit, and I have tried to explain his mistakes in the attached letter that I am sending to Mr. Brooks. If anyone needs further explanation or has any questions, please let me know. Jodi Batker Paralegal KIT WILLIAMS FAYETTEVILLE CITY ATTORNEY kwilliams@fayetteville-ar.gov Blake E. Pennington Assistant City Attorney bpennington@fayetteville-ar.gov Jodi Batker Paralegal 113 W. Mountain Street, Suite 302 Phone 479.575.8313 Fayetteville, AR 72701-6083 August 21, 2023 Steven L. Brooks Eldridge Brooks Partners 5100 West JB Hunt Dr. Suite 840 Rogers, AR 72758 steve@eldrid ebrooks.com RE: Proposed Rezoning Dear Attorney Steven L. Brooks: Thank you for your letter of August 17, 2023. As I am sure you understand, a rezoning decision by the City Council is a legislative action. Therefore, the City Council has substantial authority and discretion when determining whether or not to enact a rezoning ordinance. The Council also has substantial discretion when determining their compliance with the statutory reading requirement. All ordinances are statutorily required to "be fully and distinctly read on the three (3) different days unless two-thirds (2/3) of the Members composing the municipal council shall dispense with the rule." A.C.A. § 14-55-202 Reading requirement. Because the property that you are proposing to rezone has been a concern of a previous City Council which sought advice from the Environmental Action Committee, it is certainly proper to refer your rezoning request back to that advisory committee which was established for this very type of advice. No volunteer city committee not established pursuant to explicit state statutory authority (such as the Planning Commission or Civil Service Commission) has true "jurisdiction." These committees were established by the City Council for additional advice when requested which is exactly what is happening here. The City Council will make the actual decision to grant or deny your requested rezoning on the basis of what it believes is in the best interests of the City and its citizens. It will certainly listen to, respect, and consider the applicant/land owner's request and justifications for the rezoning, but that is only one part of the final decision. The Council will also listen to public comments as well as recommendations of the Planning Department, Planning Commission, and the Environmental Action Committee to inform its final decision. I reject your contention that the City Council's referral of the rezoning request to the Environmental Action Committee for further comment "is in violation of the City's Rules of Order and Procedure." Please cite to me the rule and its language you believe prevented such referral during the City Council's consideration of a rezoning request. Such a referral to a city committee is not necessary for the Council not to advance an ordinance beyond its first reading. Indeed, no reason need exist as the state statute assumes the ordinance will "be fully and distinctly read on three (3) different days..." The City of Fayetteville City Council's consideration of a rezoning is not a trial, but a legislative hearing. New information beyond the Agenda Packet is always considered whether it is your client's presentation, public comments, or committee comments. Because no decision was made at the first City Council Meeting, anything presented there that you wish to attempt to rebut can be addressed at the next City Council fleeting. A Council Member may call the applicant or applicant's representative back to the podium to answer assertions of the public or answer questions of the Council Member. Because no action was going to be taken during that meeting, the Council evidently felt that any response from the applicants would be better presented at the next City Council :Meeting. This allows you to compose a better prepared and documented response in support of your proposal. It was wise that you consulted with City staff about your rezoning proposal. The City Council carefully listens to the Planning Department's recommendations as well as the Planning Commission's recommendations. But the decision whether or not to rezone a piece of property is decided by the City Council which is never bound to accept those recommendations. I strongly disagree with and reject your unfounded allegation that "the city itself encounters difficulty in maintaining consistency with its own set of rules and guidelines." Such an unmerited attack upon the City of Fayetteville by an applicant seeking City Council approval of a rezoning request is counterproductive and unwise. I can assure you that the Fayetteville City Council will not be intimidated by your demands or attacks. Your petition for rezoning will be considered fairly pursuant to established rezoning considerations and the best interests of our citizens and city. Despite your request, the Council may not believe suspending the rule to go to the third and final reading is appropriate at its September 5, 2023 meeting. That decision is fully within their power and discretion. To suspend the rule to go to the third and final reading would require six affirmative votes from either the seven Council Members or five from them if Mayor Jordan would decide to provide the sixth necessary affirmative vote. Otherwise, this ordinance will be read again and ready for a vote during the September 19, 2023 City Council meeting. Sincerely, KIT WILLIAMS Fayetteville City Attorney. cc: Flavor Jordan: City Council Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Received By: Jeff Pummill 9:18 A. M 09/05/2023 Dear City Council, The Council has requested that the Environmental Action Committee provide an opinion on the zoning request for agenda item B2, the rezoning request for N. Truckers Drive/The Lennon 208. We have considered this issue carefully, some of us have toured the area, we have consulted with local ecologists, the Fayetteville chapter of the Audubon Society, and heard the opinion of the NW Arkansas land trust. Our conclusions are as follows: Note that this property (former wet prairie) currently gives the City of Fayetteville these ecosystem services: 1) flood control (think of it as a big sponge), 2) water purification (the sponge is a very effective water filter), 3) cooling effects of the plant communities, 4) a carbon sink, contributing to the city's climate action goals, 5) sediment capture, which protects downstream creeks, 6) groundwater recharge, and of course 7) habitat protection for the many endangered amphibians, reptiles, fish, and birds that move through this area including the Virginia Rail and the endangered Arkansas Darter fish. This is all part of the Greater Wilson Springs and Clabber Creek ecological community. The City of Fayetteville went to great lengths along with the NW AR Land Trust to protect Wilson Springs. Allowing more upstream development will, according to Marson Nance from the land trust, endanger the quality of the water and negatively impact the flow rate of the water — endangering the delicate community that depends on these waters. The spring is just downstream from the land in question. Development will also impact downstream Clabber Creek, increasing sediment, detrimental nutrients, and pollution. It will increase the likelihood of more stream bank erosion along the Creek. Building on wetlands complicates the construction process, and it leaves future residents dealing with long term water issues. At least two of the EAC members experience flooding on their properties and would like to see the City stop encouraging development in areas that are likely to be impacted by future heavy rain events. One member notes that in her neighborhood in West Fayetteville (near the Woolsey Wet Prairie) that was built on wet prairie, the residents are constantly mitigating flooded yards and even houses in big rain events. There are challenges in building and living on this sort of land that can be avoided. The water table is high and there's nowhere for the water to go when it arrives in excess. One of the guiding principles of the City's Vision 2050 is ecosystem preservation. It is particularly significant that the Truckers Drive property has creeks on two sides, and a cattail marsh on the third side. It is an integral part of the Wilson Springs ecosystem and should be protected. For all of these reasons, we advise the City not to pass zoning that will allow construction on this property. Instead, we recommend zoning the property R-A (Residential Agriculture) since it is the option that would provide the greatest ecological benefit consistent with the City's environmental goals. Respectfully, Environmental Action Committee September 4, 2023 Form v1.33 NVVA RECEIVED A WEHCO MEDIA COMPANY SEP 2 5 2023 Account#: NWCL5004205 CITY OF FAYETTEVILLE Company: CITY OF FAYETTEVILLE-CLERKS OFFI CITY CLERKS OFFICE Ad number#: 328858 PO#: Matter of: ORD 6682 AFFIDAVIT•STATE OF ARKANSAS I,Carla Gardner,do solemnly swear that I am the Finance Director of the Democrat Gazette,a daily newspaper printed and published in WASHINGTON county,State of ARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6682 Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement;and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the Democrat Gazette for publication the sum of$85.80.(Includes $0.00 Affidavit Charge). NWA Democrat Gazette 09/23/23;NWA nwaonline.com 09/23/23 daA_a_ Finance Director State of ARKANSAS,County of WASHINGTON,Subscribed and sworn to before me on this 25th day of September,2023 ,b`�114 .P'., CATHERINE STAOGS _.t WT,A .F MY COMMISSION 012402772 CalheA..1'`'�'c)�k ;;. EXPIRES:February 2025 �'rKi•; ,',:r' Washington County NOTARY PUBLIC Ordinance:6682 File Number: 2023-952 REZONING-2023-0017: (N. TRUCKERS DR./THE LENNON,208): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN RECEIVED REZONING PETITION RZN 23- 017 LOCATED NEAR NORTH TRUCKERS DRIVE IN WARD 2 FOR APPROXIMATELY 20.23 SEP 2 5 2023 ACRES FROM RPZD,RESIDEN- TIAL PLANNED ZONING DIS- TRICT TO RMF-18,RESIDENTIAL MULTI-FAMILY, 18 UNITS PER CITY OF FAYETTEVILLE ACRE CITY CLERK'S OFFICE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayet- teville, Arkansas hereby changes the zone classification of the property shown on the map(Exhibit A)and the legal de- scription (Exhibit B) both at- tached to the Planning Department's Agenda Memo from RPZD,Residential Planned Zoning District to RMF-18,Res- idential Multi-Family,18 Units Per Acre. Section 2: That the City Council of the City of Fayet- teville,Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Sec- tion 1. PASSED and APPROVED on September 19,2023 Approved: Lioneld Jordan,Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount paid:$85.80 Sept.23,2023 328858