Loading...
HomeMy WebLinkAboutOrdinance 6741 • • �t GPYErr I11111111111111111111111111111111111111111111111111111111IIIIII II11111111ll -tm Doc ID: 021584750006 Type: REL Kind: ORDINANCE Recorded: 05/17/2024 at 09:45:40 AM Fee Amt: $40.00 Page 1 of 6 Washington County, AR Kyle Sylvester Circuit Clerk File GAF 1 y 202 ^—0001 1 981 113 West Mountain Street Fayetteville, AR 72701 ARCHIVED (479) 575-8323 AK HIVE D Ordinance: 6741 File Number: 2024-1878 REZONING-2024-0006: (5916 W.WEDINGTON DR/LEGACY VENTURES NWA,INC.,397): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-0006 FOR APPROXIMATELY 1.28 ACRES LOCATED AT 5916 WEST WEDINGTON DRIVE IN WARD 4 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES GENERAL 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 RSF-4, Residential Single-Family, Four Units Per Acre to NS-G, Neighborhood Services General. 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. PASSED and APPROVED on April 16,2024 Approv . Attest: owni ibso • • �':•G��Y �F •SG-si'. - •FAYETTEVILLE: ionel Jordan May ara Paxton, City Cler Treasurer .'QKA Nc-P•.\) This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $Ct1.\' 2� Page 1 RZN-2024-0006 5916 W. W E D I N GTO N DR EXHIBIT 'A' Close Up View CO w 0 Subject Property Q x o RSF-4 Proposed N S-G -----------------------------------_r"_--- ------------------------- W J W WEDINGTON DI R ------------ o- w o -------------------------------- O =� W E0 m NS-L RI-U RMF-6 Regional Link Unclassified Residential Link _~ Planning Area ! - - Fayetteville City Limits Feet 0 75 150 300 450 600 1:2,400 Zone Current Proposed NS-G 0.0 1.3 RSF-4 1.2 0.0 Total 1.3 ac Reviewed by: Donna Wonsower, Planner Development Services APPROVED ADNUNISTRATORS DEED KNOW ALL MEN BY THESE PRESENTS: Type: REAL ESTATE Kind: ADMIN DEED Recorded: 10/24/2023 3:37:33 PM Fee Amt: $30.00 Page 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk File# 2023-00027774 I, Frances K. Harrison, Administrator of the Estate of Grady Lee Jones, deceased, hereinafter called Grantor, authorized by an Order Allowing the Sale of Real Property entered in the above estate, by the Washington County Arkansas, Circuit Court, Probate Division, in case No.72-PR-23- 400, Estate of Grady Lee Jones, deceased, for $1.00 and other good and valuable consideration paid to me, do hereby grant, bargain, sell and convey unto Brisiel Holdings, LLC, hereinafter referred to as Grantee, and the Grantee's successors and assigns, the following described land, situate in Washington County, State of Arkansas, to -wit: A part of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section Eleven (11), in Township 16 North of Range 31 West, Washington County, Arkansas, being more particularly described as follows: Beginning at point which is North 90 Degrees 00 Minutes 00 Seconds East, a distance of 483.40 feet from the Southwest Corner of said Forty Acre Tract, thence North 01 Degrees 04 Minutes 00 Seconds East, a distance of 453.00 feet; thence South 90 Degrees 00 Minutes 00 Seconds East, a distance 174.65 feet; thence South 01 Degree 04 Minutes 00 Seconds West, a distance of 453.00 feet; thence North 90 Degrees 00 Minutes 00 Seconds West, a distance of 174.65 feet to the POINT OF BEGINNING. Containing 79102.74 square feet or 1.82 acres, more or less. LESS AND EXCEPT, that part of the above described premises conveyed to the City of Fayetteville, Arkansas, in deeds at 96-70838 and 96-70839 of the records of Washington County, Arkansas, and described as: A part of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section Eleven (11) in Township 16 North of Range 31 West, Washington County, Arkansas, being more particularly described as follows: Beginning at a point which is North 90°00'00" East a distance of 308.75 feet from the Southwest corner of said forty acre tract, thence North 90°00'00" a distance of 349.30 feet; thence North 01° 04'00" East a distance of 68.01 feet; thence South 90°00'00" West a distance of 349.30 feet; thence South 01°04'00" West a distance of 68.01 feet to the Point of Beginning and containing 23,752.40 square feet or 0.55 acres, more or Iess; AND a part of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section Eleven (11) in Township 16 North of Range 31 West, Washington County, Arkansas, being more particularly described as follows: Beginning at a point which is North 90°00'00" East a distance of 658.05 feet and North 01°04'00" East a distance of 68.01 feet from the Southwest corner of said forty acre tract; thence North 01°04'00" East a distance of 384.99 feet; thence North 90°00'00"West a distance of 30.00 feet, thence South 01°04'00" West a distance of 384.99 feet; thence North 90°00'00" East a distance of 30.00 feet to the Point of Beginning and containing 11,558.02 square feet or 0.27 acres, more or less. File Number: 2023-00027774 Page 1 of 4 ALSO LESS AND EXCEPT Part of the Southwest Quarter of the Northwest Quarter of Section 11, Township 16 North, Range 31 West, Washington County, Arkansas, more particularly described as follows: Starting at a 4x8 inch stone being used as the common comer of sections 2, 3, 10 and 11; thence South 02°23'37" East along the West line of the Northwest Quarter of Section 11 a distance of 2,596.33 feet to a point on the Northerly prescriptive right of way line of Arkansas State Highway 16 as established by AHTD Affidavit dated November 16, 2004; thence South 87°59'46" East along said right of way line a distance of 247.00 feet to a point; thence South 87°45'36" East along said right of way line a distance of 61.69 feet to a point on the Northerly right of way line of Arkansas State Highway 16 as established by AHTD Warranty Deed Instrument 996-070838; thence North 02°56'23" East along said right of way line a distance of 4.77 feet to a point; thence South 87°45'36" East along said right of way line a distance of 174.60 feet to the point of beginning; thence North 02°56'49" East a distance of 16.79 feet to a point on the Northerly right of way line of Arkansas State Highway 16 as established by AHTD Job 040423; thence South 87°52'52" East along said right of way line a distance of 107.91 feet to a point; thence North 63°44'45" East along said right of way line a distance of 42.09 feet to a point on the Westerly right of way line of 59th Avenue as established by Warranty Deed Instrument #96-070839; thence South 02°56'49" West along said right of way line a distance of 3 7. 10 feet to a point on the Northerly prescriptive right of way line of Arkansas State Highway 16 established by Warranty Deed Instrument #96-070838; thence North 87°45'36" West along said right of way line a distance of 144.65 feet to the point of beginning and containing 0.06 acres, more or less, as shown on plans prepared by AHTD referenced as Job 040423. The above LESS AND EXCEPT legal descriptions are from: 1) A Warranty Deed in favor of the City of Fayetteville, Arkansas, recorded November 8, 1996, at Document No. 96-070838 of the records of Washington County, Arkansas; 2) A Warranty Deed in favor of the City of Fayetteville, Arkansas, recorded November 8, 1996, at Document No. 96-070839 of the records of Washington County, Arkansas; and 3) A Warranty Deed in favor of the Arkansas State Highway Commission, recorded September 7, 2005, at Document No. 2005-39578 of the records of Washington County, Arkansas. File Number: 2023-00027774 Page 2 of 4 Subject to easements, rights -of -way, and restrictions of record, if any. TO HAVE AND TO HOLD said lands and appurtenances thereunto belonging, unto the said Grantee and the Grantee's successors and assigns, forever. And I, the said Grantor, hereby covenant that the estate is lawfully seized of said land and premises, that the same is unencumbered, and that the estate will forever warrant and defend the title to the said lands against all legal claims whatever. WITNESS my hand and seal on this 2 '( day of October, 2023. Alj&&�'J� Frances K. Harrison, Administrator THIS INSTRUMENT PREPARED BY: Miller Law Offices P. O. Box 3354 Fayetteville, Arkansas 72702 Send tax statements to: Grantee (or Agent) ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON 7z7a 3 On this the Zq-day of October, 2023, before me, a notary public, personally appeared Frances E. Harrison, Administrator of the Estate of Grady Lee Jones, deceased, to me personally known (or satisfactorily proven), to be the person whose name is subscribed to the foregoing instrument; further, Frances K. Harrison acknowledged that she was the duly appointed Administrator of the Estate of Grady Lee Jones, deceased, that she had full authority to execute this Administrator's Deed, and that she had executed the same for the consideration and purposes herein set forth. Notary Public My Commission Expires RICHARD L. MILLER NOTARY PUBLIC Washington County, Arkansas My Commission Expires 7/3/2031 Commission Number 12382441 File Number: 2023-00027774 Page 3 of 4 STATE OF ARKANSAS ®• a o, DEPARTMENT OF FINANCE AND ADMINISTRATION MISCELLANEOUS TAX SECTION EM P.O. BOX 896, LITTLE ROCK, AR 72203-0896 0 Real Estate Transfer Tax Stamp Proof of Tax Paid Grantee: BRISIEL HOLDINGS, LLC Mailing Address: PO BOX 8216 FAYETTEVILLE AR 727030004 Grantor: ESTATE OF GRADY LEE JONES Mailing Address: 5731 S PRIMROSE RD LOWELL AR 727459374 Property Purchase Price: Tax Amount: County: Date Issued: Stamp ID: $200,000.00 $660.00 WASHINGTON 10/24/2023 694859776 Washington County, AR I certify this instrument was filed on 10/24/2023 3:37:33 PM and recorded in REAL ESTATE File# 2023-00027774 Kvle Svlvester - Circuit Clerk I certify under penalty of false swearing that documentary stamps or a documentary symbol in the legally correct amount has been placed on this instrument Grantee o gent ame (printed): 4�f. &e-# AllEr Grantee or(Age Name (signature): (_ Date: 121-24Z.Z3 Address: IV O, Azx 335`1 City/State/Zip: r yC7/Py;11e. AR %270Z File Number: 2023-00027774 Page 4 of 4 CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 16, 2024 CITY COUNCIL MEMO 2024-1878 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 SUBJECT: RZN-2024-0006: Rezoning (5916 W. WEDINGTON DR./LEGACY VENTURES NWA, INC., 397): Submitted by LEGACY VENTURES NWA, INC. for property located at 5916 W. WEDINGTON DR. in WARD 4. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 1.28 acres. The request is to rezone the property to NS-G, NEIGHBORHOOD SERVICES - GENERAL. 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 in west Fayetteville along W. Wedington Dr. at the northwest corner of its intersection with N. 59th Ave. The property contains roughly 1.28 acres and is zoned RSF-4, Residential Single -Family, 4 Units per Acre. The southern portion of the property is currently developed with a 1,549 sq. ft. single-family home, constructed in 1959. The property also contains an existing non -conforming 28'x43' garage that appears to be within the front setbacks and an 8'x10' outbuilding. While no protected stream, FEMA floodplain, or hydric soils are identified on site, nearly all the property falls within the Enduring Green Network. Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre to NS- G, Neighborhood Services -General. Public Comment: One member of the public spoke at the March 11, 2024, Planning Commission meeting. Their comments are summarized in the discussion section of this memo. Land Use Compatibility: Staff finds the request to be compatible with the surrounding, transitioning context. While the surrounding property is characterized by low -density residential, and is primarily zoned R-A, Residential -Agricultural or RSF-4, Residential Single -Family, Four Units per Acre, additional residential development appears to be on the rise in the area, with duplexes in RMF-6, Residential Multi -Family, 6 Units per Acre zoning to the west, RI-12, Residential Intermediate, 12 Units per Acre to the northeast, and an RI-U development recently submitted for review to the south. There are few non-residential services available in the area, especially within close walking distance, which can be addressed by the allowance for small- and medium -scale services of the NS-G zoning district. Given the available infrastructure, including street frontage along W. Wedington Drive and available water and sewer, staff does find that a rezoning to a higher density Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 and potential for mixed uses is merited at the site. NS-G has a stated density maximum of 18 units per acre and allows up to three- and four -family dwellings by -right. Given by -right allowances in the development to the south and the property's location along a major corridor, staff finds that three- and four -family dwellings are likely compatible in this location. 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 area is designated as a Residential Neighborhood Area, which encourages a wide variety of housing types as well as low -intensity nonresidential uses on corners and along connecting corridors. The property is approximately 1,700 feet east of a Tier 3 Center, which the City Plan 2040 describes as "intended to serve the immediately surrounding residential areas" with a variety of development patterns. All centers are intended to be mixed -use nodes that are pedestrian -friendly areas served by current or future transit services. It is worth noting that the infill score for this neighborhood is low; however, the area is experiencing growth as shown by numerous recent rezoning requests and ongoing development. Additionally, staff finds the proposed zoning of NS-G can provide additional variety of housing types with by -right allowances up to three- and four -family dwellings while also permitting limited commercial uses in an area of the city that is currently lacking nonresidential services within a walkable or bikeable distance. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 4_5 for this site. The following elements of the matrix contribute to the score: • 4-Minute Fire Response (Station #7, 835 N. Rupple Rd.) • Near Sewer Main (6-inch main, W. Wedington Dr. & N. 59th Ave.) • Near Water Main (2-inch main & 18-inch main, W. Wedington Dr.) • Near City Park (Bundrick Park) • Near Paved Trail (W. Wedington Dr. Side -Path Trail) DISCUSSION: The rezoning was originally heard at the March 11, 2024, Planning Commission meeting, where a vote of 9-0-0 tabled the item to the March 25, 2024 meeting. The applicant originally requested the CS, Community Services zoning district. Staff recommended denial of this request due to the intensity of the proposed district, finding it incompatible with this location. There was extensive discussion about whether the intended uses could be captured in either conditional use permits under the existing district or a rezoning to a lower intensity district, and what discussions had occurred with the applicant regarding other districts. Several commissioners noted that while commercial would likely be appropriate in this location, they felt that some of the permitted uses in CS such as fuel stations would be too intense for this location. One member of the public spoke at the March 11, 2024 Planning Commission meeting, stating that while she would be opposed to a high -density residential development with apartments, she would be supportive of commercial uses. She also stated that the applicant has maintained the property well since they purchased it, which had been an issue with the previous owner. After clarifying bulk and area requirements of the NS-G and NS-L districts as they apply to commercial uses, the item was tabled to provide time for the applicant to coordinate with staff regarding an alternative zoning district request. Commissioner Brink made the motion and Commissioner Payne seconded. At the March 25, 2024, Planning Commission meeting, a vote of 7-0-0 forwarded the revised request of NS-G, Neighborhood Services - General to City Council with a recommendation of approval. Commissioner Garlock cited the high traffic corridor, need for commercial and mixed -use in this location, and staff recommendations as reasons for approval. There was no additional discussion and no public comment at this meeting. Commissioner Garlock made the motion and Commissioner Winston seconded. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: NA ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6) 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 #: 2024-1878 RZN-2024-0006: Rezoning (5916 W. WEDINGTON DRJLEGACY VENTURES NWA, INC., 397): Submitted by LEGACY VENTURES NWA, INC. for property located at 5916 W. WEDINGTON DR. in WARD 4. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, FOUR UNITS PER ACRE and contains approximately 1.28 acres. The request is to rezone the property to NS-G, NEIGHBORHOOD SERVICES - GENERAL. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-0006 FOR APPROXIMATELY 1.28 ACRES LOCATED AT 5916 WEST WEDINGTON DRIVE IN WARD 4 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES GENERAL 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 RSF-4, Residential Single -Family, Four Units Per Acre to NS-G, Neighborhood Services General. 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 2024-1878 Item ID 4/16/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/29/2024 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2024-0006: Rezoning (5916 W. WEDINGTON DR./LEGACY VENTURES NWA, INC., 397): Submitted by LEGACY VENTURES NWA, INC. for property located at 5916 W. WEDINGTON DR in WARD 4. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 1.28 acres. The request is to rezone the property to NS-G, NEIGHBORHOOD SERVICES GENERAL. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? No Item Cost $ - Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Previous Ordinance or Resolution # Approval Date: V20221130 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: March 25, 2024 (UPDATED WITH MEETING RESULTS) SUBJECT: RZN-2024-0006: Rezoning (5916 W. WEDINGTON DR./LEGACY VENTURES NWA, INC., 397): Submitted by LEGACY VENTURES NWA, INC. for property located at 5916 W. WEDINGTON DR. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 1.28 acres. The request is to rezone the property to NS-G, NEIGHBORHOOD SERVICES GENERAL. RECOMMENDATION: Staff recommends forwarding RZN-2024-0006 to City Council with a recommendation of approval. RECOMMENDED MOTION: "1 move to forward RZN-2024-0008 to City Council with a recommendation of approval." MARCH 11, 2024, PLANNING COMMISSION MEETING: At the March 11, 2024, Planning Commission meeting, the item was tabled to provide time for the applicant to coordinate with staff after it was determined that a lower -intensity zoning classification would be likely to garner staff support while still meeting the needs of the applicant. Since that meeting, the applicant revised their zoning request from CS, Community Services to NS-G, Neighborhood Services- General after discussing options with staff. BACKGROUND: The subject property is in west Fayetteville along W. Wedington Dr, at the northwest corner of the intersection with N. 591h Ave. The property contains roughly 1.28 acres and is zoned RSF-4, Residential Single -Family, 4 Units per Acre. The southern portion of the property is currently developed with a 1,549 sq. ft. single-family home, constructed in 1959. The property also contains an existing non -confirming 28'x43' garage that appears to be within the front setbacks and an 8'x10' outbuilding. Nearly all of the property falls within the Enduring Green Network. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped / Single -Family Residential R-A, Residential Agricultural RSF-4, Residential Single -Family, 4 Units per Acre South Undeveloped / A ricultural RI-U, Residential -Intermediate Urban East Single -Family Residential R-A, Residential Agricultural West Undeveloped / Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre Planning Commission March 25, 2024 RZN-2024-0006 (LEGACY VENTURES NWA, INC) Paqe 1 of 17 Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre to NS-G, Neighborhood Services -General. Public Comment: One member of the public spoke at the March 11, 2024 Planning Commission meeting, stating that while she would be opposed to a high -density residential development, she would be supportive of commercial uses. She also stated that the applicant has maintained the property well since they purchased it, which had been an issue with the previous owner. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along W. Wedington Dr., a fully improved regional link street with asphalt paving, sidewalk, and curb and gutter. The subject area also has frontage along N. 59th Ave., a partially improved residential link street with asphalt paving, and open ditches. Any street or drainage improvements required in these areas would be determined at the time of the development proposal. Water: Public water is available to the subject area. An existing 2-inch water main is present on the north side of W. Wedington Dr. and an existing 18-inch water main is present on the south side of W. Wedington Dr. Sewer: Sanitary sewer is available to the subject area. An existing 6-inch sewer main is present on the north side of W. Wedington Dr. and an existing 6- inch sewer main is present on the east side of N. 59th Ave. 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 7, located at 835 N. Rupple Rd., protects this site. The property is located approximately 1.8 miles from the fire station with an anticipated drive time of approximately 3 minutes using existing streets. The anticipated response time would be approximately 5.2 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 the Hillside -Hilltop Overlay District. The property does not have hydric soil and a protected stream is not present in the area. Tree Preservation: The proposed zoning district of NS-G, Neighborhood Services -General requires 20% minimum canopy preservation. The current zoning district of RSF-4, Residential Single -Family, 4 Units per Acre 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 Residential Neighborhood. Planning Commission March 25, 2024 RZN-2024-0006 (LEGACY VENTURES NWA, INC) Paqe 2 of 17 Residential Neighborhoods are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity nonresidential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 4-5 for this site, with a weighted score of 4.5. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #7, 835 N. Rupple Rd.) • Near Sewer Main (6-inch main, W. Wedington Dr. & N. 59th Ave.) Near Water Main (2-inch main & 18-inch main, W. Wedington Dr.) Near City Park (Bundrick Park) Near Paved Trail (W. Wedington Dr. Side -Path Trail) 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 surrounding property is characterized by low - density residential, and is primarily zoned R-A, Residential -Agricultural or RSF-4, Residential Single -Family, Four Units per Acre. Additional residential development appears to be on the rise in the area, with duplexes in RMF-6, Residential Multi -Family, 6 Units per Acre zoning to the west, RI-12, Residential Intermediate, 12 Units per Acre to the northeast, and an RI-U development recently submitted for review to the south. There are few non- residential services available in the area, especially within close walking distance. Given the available infrastructure, including street frontage along W. Wedington Drive and available water and sewer, staff does find that a rezoning to a higher density and potential for mixed uses is merited at the site. NS-G has a stated density maximum of 18 units per acre and allows up to three- and four -family dwellings by -right. Given by right allowances in the development to the south and the property's location along a major corridor, staff finds that three- and four -family dwellings are likely compatible in this location. Additionally, NS-G allows for an incremental infusion of commercial uses of a limited size. All uses classified under Unit 12b must be within a building containing 8,000 square feet or less, excluding areas dedicated to residential uses. Other permitted commercial uses include Use Unit Use 24: Home Occupations and Use Unit 40: Sidewalk Cafes, both of which are limited in scale and impact. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals Planning Commission March 25, 2024 RZN-2024-0006 (LEGACY VENTURES NWA, INC) Paqe 3 of 17 of City Plan 2040. The area is designated as a Residential Neighborhood Area, which encourages a wide variety of housing types as well as low - intensity nonresidential uses on corners and along connecting corridors. The property is approximately 1,700 feet east of a Tier 3 Center, which the City Plan 2040 describes as "intended to serve the immediately surrounding residential areas" with a variety of development patterns. All centers are intended to be mixed -use nodes that are pedestrian -friendly areas served by current or future transit service. It is worth noting that the infill score for this neighborhood is low; however, the area is experiencing growth as shown by numerous recent rezoning requests. Additionally, staff finds the proposed zoning of NS-G could likely fill both roles of providing additional variety of housing types with by -right allowances up to three- and four -family dwellings while also permitting limited commercial in an area of the city that is currently lacking nonresidential services within a walkable or bikeable distance. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: A rezone to a higher density than RSF-4, Residential Single -Family, Four Units per Acre is justified, given its proximity to a Tier 3 center, and the future land use plans designating this area as Residential Neighborhood. Staff finds the current request to be an incremental increase that could facilitate needed nonresidential services in the area. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to NS-G at this site would increase traffic at this site, though staff finds that it may not be out of scale or create a dangerous traffic condition in the area. W. Wedington Drive has a typical vehicle count of 13,000 vehicles per day, and is an improved Regional Link with a design service volume of 17,600 vehicles per day. Staff also finds that the site is located 1000 feet east of a Tier 3 center (W. Wedington Drive and N. Double Springs Road). Additionally, only four traffic accidents were reported within 250 feet of this intersection based on traffic records from 2011-2021. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from RSF-4 to NS-G could certainly have the potential to increase population density in this area as permitted maximum density would increase from four units per acre to eighteen units per acre. However, the available infrastructure, water and sewer, and the service volume of W. Wedington Drive, would likely support an increase in population density. 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: Planning Commission March 25, 2024 RZN-2024-0006 (LEGACY VENTURES NWA, INC) Paqe 4 of 17 a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2024-0006 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: March 25, 2024 O Tabled O Forwarded O Denied WITH A RECOMMENDATION OF APPROVAL Motion: GARLOCK Second: WINSTON Vote: 7-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre o §161.19 District NS-G, Neighborhood Services- General • Applicant Request Letter • Staff Exhibit • Traffic Accident Maps • Proximity to Tier Centers • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission March 25, 2024 RZN-2024-0006 (LEGACY VENTURES NWA, INC) Paqe 5 of 17 161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings 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 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per 8,000 square feet 6,000 square feet dwelling unit Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 1 3 stories Planning Commission March 25, 2024 RZN-2024-0006 (LEGACY VENTURES NWA, INC) Paqe 6 of 17 (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 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 March 25, 2024 RZN-2024-0006 (LEGACY VENTURES NWA, INC) Paqe 7 of 17 161.19 NS-G, Neighborhood Services - General (A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Neighborhood Services district is a residential zone. (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 12b General business Unit 24 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. 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 13 Eating places Unit 16 Shopping oods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities Unit 45 Small scale production (C) Density. Eighteen (18) or less per acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 1 35 feet All other uses I None (2) Lot Area Minimum. Single-family 4,000 square feet Two (2) family or more 3,000 square feet per dwelling unit All other uses None Planning Commission March 25, 2024 RZN-2024-0006 (LEGACY VENTURES NWA, INC) Paqe 8 of 17 (E) Setback regulations. Front Side Side -Zero Lot Line' Rear Rear when contiguous to a single-family residential district A build -to zone that is 5 feet A setback of less than 5 None 15 feet located between the front feet (zero lot line) is property line and a line 25 permitted on one interior feet from the front side, provided a property line. maintenance agreement is filed". The remaining side setback(s) shall be 10 feet. (F) Building Height Regulations. Building Height Maximum 1 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945, §7(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6427 , §§l (Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6710 , §1, adopted November 21, 2023, determines that Ordinance 6427 (Sunset Clause) and Ord. No. 6625 (extending 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, 2024, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Planning Commission March 25, 2024 RZN-2024-0006 (LEGACY VENTURES NWA, INC) Paqe 9 of 17 LEGACY VENTURES, LLC P.O. BOX 8216 FAYETEVILLE, AR 72703 March 14, 2024 City of Fayetteville Planning Commission / City Council 125 West Mountain Street Fayetteville, AR 72701 RE: 5916 W Wedington I Rezone Request Dear Planning Commission, City Council and City Staff; Please accept this written request to rezone parcel 765-16188-002 comprised of approximately 1.2976 acres and more commonly referred to 5916 W Wedington Drive. The subject property is currently zoned Residential Single Family Four (4) Units per Acre and our desire is to rezone to Neighborhood Services — General (NS-G). There is no disputing the Wedington corridor has experienced tremendous growth! With the current, and planned, infrastructure improvements in this area, this will continue to be the case for the foreseeable future. With the subject property being located on the northwest corner of N 59th Street and W Wedington Drive, this property is positioned well to become a commercial use. The business exposure resulting from a high traffic count with frontage on Wedington make this a viable commercial space now and highly desirable in the near future based on growth models. All of the same reasons that make it a highly desirable commercial location, make it very undesirable for a residence as the current residential single family four units per acre zoning dictates. We are currently seeking a commercial tenant to occupy the newly remodeled 1600 square foot structure on the property. This structure was originally built as a home, but the layout lends itself more to a childcare facility, therapist, attorney's office or other small professional office use. Our plan is to lease the existing space to a use like this, continue to clean up the property, and ultimately develop further plans for the property to bring before the City. This zoning request is compatible with current deployment trends in the area. Immediately to the south of this property is a large portion of RI-U property soon to be developed. Slightly to the west is the commercial intersection of N Double Springs and Wedington Drive with C2 zoning. Slightly to the east is a portion of Community Services property being developed into townhomes and they do not even have the hard corner that the subject property does. There are many other parcels with CS, RI-U and other zonings popping up in this area in various new developments. With the explosion of rooftops in this area, we feel the need for commercial services to support such extreme growth is necessary. Along with the high traffic count associated with direct frontage on Wedington make the Neighborhood Services — General zoning the best choice. This zoning designation will not in any way negatively impact adjoining property owners but on the contrary pave the way for future development at this growing corner location. (qrmf� LEGALYVENTURES Planning Commission March 25, 2024 RZN-2024-0006 (LEGACY VENTURES NWA, INC) Page 10 of 17 LEGACY VENTURES, LLC P.O. BOX 8216 FAYETEVILLE, AR 72703 We are looking forward to developing this commercial corner in a way that exemplifies urban planning and together leaving our Legacy one Venture at a time. Sincerely, Tim Brisiel (44V LEGALYVENTURES Planning Commission March 25, 2024 RZN-2024-0006 (LEGACY VENTURES NWA, INC) Paqe 11 of 17 STAFF EXHIBIT: TRAFFIC ACCIDENT MAPS 166 164 a Crash Severity No apparent injury Date/Time 6/14/2013, 7:00 PM Non -Motorist Involved? No Crash Severity Non -incapacitating injury Date/Time 6/3/2013, 7:00 PM Non -Motorist Involved? No Crash Severity No apparent injury Date/Time 5/11/2016, 5:10 AM Non -Motorist Involved? No Crash Severity No apparent injury Date/Time 7/2/2018, 3:11 PM Non -Motorist Involved? Unknown 1162 Traffic Crashes Average Daily Traffic 2017-2021 Crashes Crash (2017-2021) Current ADT 13,000 Fatal injury Truck 2022 ADT 13,000 • Incapacitating Injury 2021 ADT 12,000 - Non -incapacitating injury 2020ADT 11,000 • Possible injury No apparent injury 2019ADT 11,000 2018 ADT 11,000 Crash Density (2017-2021) 2017 ADT 11,000 2016 ADT 12,000 Sparse - Dense 2015 ADT 10,000 2014 ADT 9,800 2013 ADT 10 000 High Injury Network Corridor *Map shows traffic accident data from 2011-2021 Planning Commission March 25, 2024 RZN-2024-0006 (LEGACY VENTURES NWA, INC) Paqe 12 of 17 STAFF EXHIBIT: PROXIMITY TO TIER CENTER 49 i _.-- - _i3 1— r �•� hwY ......... Adik W dil ' .�-'!•' wasrn4ton co — Pav Trail 1 -,_ City Limit', - - , r n r T 1 Ce to Tier 2 Center i � • pecial District Tier 3 Center ' :--.49 <� 'ts6� ice, i High -activity Corridor �. � _._-'_• ; � 1 I •••• Transit Corridor 265 0,000 ,_,ee��ana `•I, 0 1 2 s Park Planning Area Enduring Green Network 71 ,jj' i 0 1 2 4Kil rs Figure 2.0 - Growth Concept Mop 1,794.7 Feet - - - - I - ,`j *f— Planning Coaawai&&" March 25, 2024 RZN-2024-0006 (LEGACY VENTURES NWA, INC) Paqe 13 of 17 E =•�. RZN-2024-0006 5916 W. W E D I N G TO N DR One Mile View NORTH I 0 0.13 0.25 0.5 Miles t i i ----------- - - - - -- 1 � , � II 1 NSF-4 1 I 1 I 1 1 I 1 RI-12 1 Subject Property 1 1 I Rl- 1 1 I 1 RSF-1 I I I C I Nib------------rWEDINGTONiDR'.------ ---- -- -- I I C-2 I I R-O I R-A I � I I _ I Pl 1 RnIF-6 I Regional Link - - - Zaning RESIDENTIAL SINGLE-FAMILY =I-2 General Industrial EXTRACTION Neighborhood Link _ _ _ _ _- - - - -' Rls-u COMMERCIA,L Unclassified � RI-12 NS-L Re iiaantia1-01h. C-1 — Alley _ ReaitlenYel-AgricuXuml c-2 1- R C-3 — Residential Link _ RSF1 FORM BASED DISTRICTS RSF? Downtown Gore ■ I Planned Neighborhood Link his RSF-� or-Tlor hhire Main SVeat Center JIM Planned Residential Link RSFA �Dmmlwm General — — Shared -Use Paved Trail RSF-18 RESIDENTIALMULTI-FAMILY �Gnmmunlry Servi�a NeigM1borM1aatl Servkes p RMFS = NeigM1borM1aad Conserredan — — Trail (Proposed) r r r RM112 PLANNED ZONING DISTRICTS — 1 Fayetteville City Limits ---- Planning Area r- - - -r- __! RMF-13 RMFse RMF-aa Commercial. Intlus+nal. ResitleMial INSTITUTIONAL P 1 i Planning Area tteville CiFayety Limits g INDUSTRIAL I-1 Hi Cemmerclaland Light Industrial annlnq Commission March 25, 2024 RZN-2024-0006 (LEGACY VENTURES NWA, INC) Paqe 14 of 17 RZN-2024-0006 Close Up View 5916 W. WEDINGTON DR w Q a CO RSF-4 - - - - - - - - - - - - - - - - — - - - - - - - - - - - - - - - - - - r--- -------------- = J W WEDINGTON DR ------------ 0- W -------------------------------- O =-j W �U m NS-L RI-U RMF-6 Regional Link Unclassified Residential Link _~ Planning Area ! - - Fayetteville City Limits Feet 0 75 150 300 450 600 1:2,400 Zone Current Proposed NS-G 0.0 1.3 RSF-4 1.2 0.0 Total 1.3 ac March 25, 2024 RZN-2024-0006 (LEGACY VENTURES NWA, INC) Paqe 15 of 17 RZN-2024-0006 Future Land Use 5916 W. WEDINGTON DR ORTH , [--TRANS'1T-ST-!!!- RELIANCE-ST , ' w ALLEY-1449- , Q ■■■■■■■■■■■■■0--v—QUINN-ST16 CHATTEL-ST- z Rural i � � ALLEY-1381- Residential � ��Sy , MECKLIWST ,2G� �FOUNTAIN•ST w Q—ALLEY-1315- LU , C9 �— LEGACY-ST- , ------------------- Subject Property ST LU pt Residential Neighborhood / I m ---------------------------------T-------It------ r--------���. WEDINGTOMDR COPPER RIDGE LN EL PASO w DR z W y; o Regional Link Unclassified Alley Residential Link ■ ■ Planned Residential Link ~ Planning Area _ ! Fayetteville City Limits — — — Trail (Proposed) Y O O m Civic and -Private Open Space "MICHAEL-COLE DR Feet 0 145 290 580 870 :11 ---- - - - - - - Natural ' TACKETT- DR City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 1,160 Residential Neighborhood Rural Residential Urban Center March 25, 2024 RZN-2024-0006 (LEGACY VENTURES NWA, INC) Page 16 of 17 RZN-2024-0006 Current Land Use 5916 W. WEDINGTON DR 17 I 9 Y Sin le-Famil Residential and Undeveloped I Regional Link Unclassified Alley Residential Link Feet ■ ■ Planned Residential Link — — — Trail (Proposed) 0 112.5 225 450 675 yPlanning Area 1:3,600 : Fayetteville City Limits ORTH FEMA Flood Hazard Data 100-Year Floodplain Floodway March 25, 2024 RZN-2024-0006 (LEGACY VENTURES NWA, INC) Pace 17 of 17 Form 11.16 NV\'4\ media Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN RECEIVED FAYETTEVILLE, AR 72701 Ad number#: 394993 APR 2 3 2024 PO#; CITY OF FAYETTEVILLE CITY CLERKS OFFICE Matter of: ORD 6741 AFFIDAVIT•STATE OF ARKANSAS I,Carla Gardner,do solemnly swear that I am the Finance Director of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON 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 6741 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 NWA Democrat Gazette for publication the sum of$94.24. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 04/21/24;NWA nwaonline.com 04/21/24 da/Gai_ Finance Director State of ARKANSAS,County of WASHINGTON,Subscribed and sworn to before me on this 23rd day of April,2024 � ,y� CATHERINE STAGGS 1.(T..14 MY COMMISSION 012402772 l�Qi�]2AU►���T .,"' = EXPIRES:February 28, 2025 s. Washington County NOTARY PUBLIC Ordinance:6741 File Number: 2024-1878 REZONING-2024-0006:(5916 W. WEDINGTON DR./LEGACY VENTURES NWA,INC.,397): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024- 0006 FOR APPROXIMATELY 1.28 ACRES LOCATED AT 5916 WEST WEDINGTON DRIVE IN WARD 4 FROM RSF-4,RESSIDENTSAL SIN- GLE-FAMILY,FOUR UNITS PER ACRE TO NS-G,NEIGHBORHOOD SERVICES GENERAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE.ARKANSAS: Section 1:That the City Coun- cil of the City of Fayetteville. Arkansas hereby changes the zone classification of the prop- erty shown on the map(Exhibit A)and the legal description(Ex- hibit 8)both attached to The Planning Department's Agenda Memo from RSF-4,Residential Single-Family, Four Units Per Acre to NS-G, Neighborhood Services General. Section 2:That the City Coun- cil 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. PASSED and APPROVED on Avid 16.2024 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:$92.24 April 21,2024 394993 • Washington County, AR I certify this instrument was filed on 05/17/2024 09:45:40 AM and recorded in Real Estate File Number 2024-00011981 Kyle Sylvester- Circuit Clerk by ._. '"�= = > ,f