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HomeMy WebLinkAboutOrdinance 4915 � I II��!�������������1111111111 Recorded ; 100/03/20061 at 711 :21:40 AM . Fee Amt : $44 . 00 Pane 1 of 13 s 1 Washi naton Cou ntv . AR Do c y - Bette Stamas Circuit Clerk Fi1e2006-00040777 ; ORDINANCE NO, 4915 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06-2172 FOR APPROXIMATELY 19.98 ACRES, LOCATED WEST OF RUPPLE ROAD, EAST OF MEADOWLANDS SUBDIVISION, FROM R-A, RESIDENTIAL- AGRICULTURAL, RSF- 1 , RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE, AND C-2 THOROUGHFARE COMMERCIAL TO C- 11 NEIGHBORHOOD COMMERCIAL, RMF- 12, RESIDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE, AND RSF-7, RESIDENTIAL SINGLE FAMILY, 7 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification of the following described property is hereby changed as follows: Parcel #1 from RSF- 1 , Residential Single Family, 1 unit per acre to RSF-7, Residential Single Family, 7 units per acre as shown on Exhibit "A" and Exhibit "D" attached hereto and made a part hereof. Section 2: That the zone classification of the following described property is hereby changed as follows: Parcel #2 from RSF- 1 , Residential Single Family, 1 unit per acre, R-A, Residential-Agricultural, and C- 2, Thoroughfare Commercial, to RMF- 12, Residential . Multi-Family, 12 units per acre as shown on Exhibit "B" and Exhibit "D" attached hereto and made a part hereof. Section 3 : That the zone classification of the following described property is hereby changed as follows: Parcel #3 from RSF- 1 , Residential Single Family, 1 unit per acre to C- 1 , Neighborhood Commercial as shown on Exhibit "C" and Exhibit "D" attached hereto and made a part hereof w s , € a, Section 4: That the rezoning is subject to the Billof Assurance offered by the applicant and shown as Exhibit "E" attached hereto and made a part hereof. Section 5: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this 5w day of September, 2006. G WY SGPT ' APPROVE : ATTEST: ; FAYEffEVILLE� • J h : By. By: TONl, �`O�• DAN COODY, Mayor SONDRA SMITH, ity Clerk EXHIBIT "A" RZN 06-2172 PARCEL 1 PARCEL #11 : (TO BE REZONED TO RSF-7) PART OF THE SWI/4 OF THE NEIA OF SECTION 12, T16N, R31W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SWI /4, NEIA THENCE S8905714811E 421 .61 FEET TO THE P.O.B., THENCE S8905714811E 545 .43 FEET, THENCE SOUTH 551 .01 FEET, THENCE WEST 544. 12 FEET, THENCE N00008'09"W 551 .36 FEET TO THE P.O.B.; CONTAINING 6.89 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. EXHIBIT `B" RZN 06-2172 PARCEL 2 PARCEL #2: (TO BE REZONED TO RMF-12) PART OF THE SWI /4 OF THE NEIA OF SECTION 12, T16N, R31W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS : COMMENCING AT THE NW CORNER OF SAID SWI /4, NEI/4 THENCE S8905714811E 421 .61 FEET, THENCE S00008'09"E 551 .36 FEET TO THE P.O.B., THENCE EAST 840.03 FEET, THENCE S00004' 16"E 437.33 FEET, THENCE N8905011111W 839.55. FEET, THENCE N00008109"W 434.93 FEET TO THE P.O.B.; CONTAINING 8.41 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. h F EXHIBIT "C" RZN 06-2172 PARCEL 3 PARCEL #3: (TO BE REZONED TO C-1) PART OF THE SWIA OF THE NE1 /4 AND PART OF THE NWI /4 OF THE NEIA OF SECTION 12, T16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS : COMMENCING AT THE NW CORNER OF SAID SWIA, NEI /4 THENCE S89057'48"E 967.04 FEET TO THE P.O.B., THENCE N0002310911W 137.75 FEET, THENCE S8905748"E 296.73 FEET, THENCE S0001411211W 137.71 , THENCE S00004' 16"E 550.86 FEET, THENCE WEST 295.91 FEET, THENCE NORTH 551 .01 FEET, TO THE P.O.B.; CONTAINING 4.67 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. EXHIBIT "D" I I RZNO6-2172 D U N N E RSTOC K � ®1 iltl I� Close Up View '6=l£rX3hJt- �T 't I .Fe �'-•�a..i._I - .�__.. _, ��_._�.._._.. i try L )1 o•anzrR t1f=z. H r ! g - ��j l '`--IF - II I SUBJECT PROPERTY LI — v 61 t3 W Pt __� y t ,• 1L msJ I a i lIt � L3EliLT WI'�i'� � � fuZij W1. pm l IL r : uA _ ZV S fE=-- '3" � 1 � to ice' i '-r C' /� 41 E� 4a�p3 i J pF 1 nv •L S -� i y 1 RiH t L BL LL _ . —e.. •.. . �'= zo i � € 3IItFif Itrtidr14 � I , sl.) vDIP aw l i Mf VPZ Overview L'e'ntl gooc^ owZZ Osrtit — ROO y ----- 900 YEAR — t00 YFPR —_—: U10T OF STVOY ' BZIN q p Fayetteville 1J o�n�cy �s-.� aawnTz - t'v� wum.GOBFoc yfa! ]ON I�iEaJUmp 0.elaY OisbYl 0 175 350 700 1,050 1,400 Feei EXHIBIT "E" Page 1 of 7 BILL OF ASSURANCE FOR DUNNERSTOCKRE ZONING REQUEST Tlic owner of the property (said property being located west of Rupple Road and south of Bellwood Subdivision Phase I and being described on Exhibit A) is currently requesting a rezoning of said property and is offering this bill of assurance which shall accompany the rezoning. The subject property consists of threeparcelsas follows; l) Parcel # ( to be rezoned from RSF- 1 to RSF-7 and contains 6.89 Acres. This RSF-7 rezoning would allow. 48 lots but our plan will limit the lots to 17 (single family). 2) Parcel #2 to be rezoned from R-A & C-2 to RMF- 12 and contains 8AI Acres. This RMF42 rezoning would allow 100 units. 3) Parcel #3 to be rezoned from RSF-I to C-1. and contains 4.67 Acres_ This C-1 rezoning would allow for neighborhood commercial. . More specifically this zoning would allow for a small market district, which would include eating places, shops, professional offices. Each parcel shall be submitted to-the City Planning Division for review after it is rezoned. For Parcel #I this would be standard preliminary plat/final plat process. For Parcel # I and #2 this would require a Large Scale Development process. this Bill of Assurance shall accompany each parcel of land (#l , 2, &3) and shall include the following; 1) Access to parcel ##1 shall be to the north through Bellwood Subdivision Phase I and to Rupple Road through Parcel #3_ The street in Parcel, l will connect to Parcel #2 for access. 2) Parcel #2 shall have public access through the property and shall provide connectivity to the west, south and to Rupple Road. 3) Parcel #2 shall have the buildings arranged to avoid a grid layout or."row" houses. Buildings shall be staggered to help avoid this grid layout 4) Pedestrian access shall be required in all 3 parcels to provide and encourage residents of this community to walk to the market district. 5) Waterlines & sewerlines will be extended through Patel III to Parcel #2 and 3. Parcels 2 and 3 will also extend their waterline sewer to Rupple Road. 6) . Stonnwater will be detained in Parcel # t and #2 and will be sized for all three parcels. 7). Two trees shall be planted on each lot of Parcel #1 by the builder. EXHIBIT "E" Page 2 07 . 8) Architectural design shall be reviewed by the Planning Commission for all three parcels. The review shalt include type of material, color, arrangement of . windows, doors, etc. Each parcel shall be reviewed separately at the time each parcel is developed. (Parcel Ml will be developed first). 9) The developer of Parcel # l will provide improvements to Rupple Road as required by the City at the time Parcel #1 is developed. 10) Each parcel shall be compatible with the Wellspring Community to the east- This compatibility shall include architectural design & building arrangement. TheCity Planning Dept. shalt review each development plan to determine that it is compatible with Wellspring- The owner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Chancery/Circuit Court of Washington County and agrees that if the Owner or Owners' heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive . relief has been done to the citizens and City of Fayetteville, Arkansas. The owner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve the owners' rezoning request- The Owner hereby voluntarily offers assurances that Owner and Owners property shall be restricted as follows IF Owners rezoning is approved by the Fayetteville City Council. The Owner specifically agrees that all such restrictions and terms shall run with the land and bind all future ownem unless and unfit specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Owners' rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of property- - IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, Marc Foster, as the owner, voluntarily offer all such assurances and sign below. Date 1 Printed Name Name b o� %907 Address - ��Y�rtts 1It tom_ �--�2'zo5 Si ature .. . .. . .... . .. .. .. . . . . . _. _.... . EXHIBIT "E" Page 3 of 7 Exhibit "A" LEGAL DESCRIPTION (ENTIRE TRACT): PART OF THE SWI/4 OF THE NE 114 AND PART OF THE NW I/4 OF THE NEI/4 OF SECTION 12, Ti 6N, R3. 1 W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SWI/4 NEI/4 THENCE S8905T48"E 421.61 FEET TO THE P.O-B., THENCE S89057'48"E 545.43 FEET, THENCE 1400923109"W 137.75 FEET, THENCE S89°57148"E 296.73 FEET, THENCE S00914'12"W. 137.71 FEET, THENCE S00"04' 16"E 988. 19 FEET, THENCE N89"50.11 "W 839.55 FEET, THENCE N00008'09"W 986.29 FEET TO THE P.O-B.; CONTAINING 19.98 ACRES MORE OR , . LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. EXHIBIT «E„ ` Page 4 of 7 Exhibit I PARCEL #I : (CO BE REZONED TO RSF-7) PART OF THE SWI /4 OF THIN NEt/4 OF SECTION l2, TI 6N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF-SAID S W I/.4, NE 114 114ENCE S8905T48"E 421 .61 FEET TO THE P.0.13., THENCE S89057'48"E 545.43 FEET, THENCE SOUTH 551.01 FEET, THENCE WEST 544. 12 FEET, THENCE N00°08'09"W 551.36 FEET TO THE P.O.B.; CONTAINING 6.89 ACRES MORE OR LESS SUBJECJ TO EASEMENTS AND RIGHT OF WAY OF RECORD. Mark Foster (Owner) EXHIBIT "E„ } Page 5 of 7 Ez6ibit 2 PARCEL 42: (TO BE REZONED TO RMF- 12) PART OF THE S W I/4 OF THE NE1/4 'OF SECTION 12, T16N, R3 ( WIN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED .AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID S W 1/4, NEI/4 THENCE S890ST48"E 421.61 FEET, THENCE S00�08'09"E 55136 FEET TO THE P.O-B., _ THENCE EAST 840.03 FEET, THENCE S00°04'16"E 437.33 FEET, THENCE N89°50'11 "W 839.55. FEET;. THENCE N00008'09"W 434.93 FEED' TO THE P.O-B.; CONTAINING 8.41 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY F RECORD. Mari'Foster ( wner i I I --- - ---..---- ......-. _ _. .. ... _ . . . . .. . .. . . _ _ . . __. _ _ .. . . . . . EXHIBIT "E" Page 6 of T Exhibit 3 PARCEL #3: (TO BE REZONED TO C-t) PART OF TETE SWIM OF THE NEI/4 AND PART OF THE NWl/4 OF THE NE 1/4 OF SECTION 12, T16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SWI/47 NEI/4 THENCE S8905T48"E 967.04 FEET TO THE P.O.B., TI-ENCE N00023'09"W 137.75 FEET, THENCE S89057148"E 296.73 FEET, THENCE S0001412"W 137.71, THENCE S00004'16"E 550.86 FEET, THENCE WEST 295.91 FEET, THENCE NORTfC 551 .01 FEET, TO THE P.O_B.; .CONTAINING 4.67 ACRES MORE OR LF SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD., Mirk Fos (Owner)N. ......... .....__ .. ._-_.......... _ . • BILL OF ASSURANCE TNAT ACCOMPANIES THIS REZONING nElOutHAST STATES TT EACH PLANNING _ AREA SHALL BE REVIEWED BY THE PLANNING STAFF .8 PLANNING COMMISSION B SHALL BE COMPATIBLE WITH THE WELLSPRING PROJECT TO THE EASL REFER' TO BILL. OF ASSURANCE FOR ADDITIONAL DETAILS. - .. EXHIBIT "E" Page 7 Of 7• �" PniR59 (KSFM 1O I rat.su�u..aaa GRAPHIC SCALE .Ot U __ .m 30 u, ( INFill' ) I bth=l00 It Jeremy Pate Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 15 -Aug -06 City Council Meeting Date Planning Division Action Required: ZN ,'D6 - X17; ini ntr'Sdk Operations Department 06-2172: (Dunnerstock, 400): Submitted by Jorgensen & Associates for property located west of Rupple Road, east of owlands Subdivision. The property is zoned RSF-1, Residential Single Family, I unit per acre, R -A, Residential- ultural, and C-2, Thoroughfare Commercial and contains approximately 19.98 acres. The request is to rezone the subject :rty to RSF-7, Residential Single Family, 7 units per acre, RMF-12, Residential Multi -Family, 12 units per acre, and C -1, eighborhood Commercial. Cost of this reauest n/a Account Number n/a Project Number n/a Category/Project Budget n/a Funds Used to Date n/a $ Remaining Balance Budgeted Item EJ Budget Adjustment Attached EJ Prooram Cateaory / Project Name n/a Program / Project Category Name n/a Fund Name Previous Ordinance or Resolution # n/a Dep' ent d1roeter Date Original Contract Date: n/a Original Contract Number: n/a City Aftorney Received in City Clerk's Office Fir4nce d n erna S rvice Director Da e Received in Mayor's Office Mayor •Date City Council Meeting of August 15, 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: July 25, 2006 Subject: Rezoning for Dunnerstock (RZN 06-2172) RECOMMENDATION Planning Staff recommends approval of an ordinance rezoning approximately 20 acres of property from RSF-1, Residential Single Family 1 unit per acre, R -A, Residential - Agricultural, and C-2, Thoroughfare Commercial to RSF-7, Residential Single Family 7 units per acre (6.9 acres), RMF-12, Residential Multi -Family 12 units per acre (8.4 acres), and C-1, Neighborhood Commercial (4.7 acres). BACKGROUND On April 24, 2006, the Planning Commission heard a request to rezone the subject property to RSF-4. The Planning Commission voted 4-4-0 to forward the rezoning request with a recommendation for an RSF-4 zoning district, with Commissioners Anthes, Harris, Bryant, and Ostner voting no. Therefore, the motion failed due to lack of five affirmative votes, and the application for rezoning to RSF-4 was denied. Those who voted against the motion discussed their concerns regarding the low single family density of four units per acre in this location. They recommended that property in close proximity to amenities such as the Boys and Girls Club, a school, a fire station and a future mixed use development to the east should be zoned and developed at a density greater than RSF-4 will permit and potentially allow for more commercial uses. The applicant revised the request to include higher density and commercial uses, on the:. . property in accordance to comments from the Planning Commission. In addition, a Bill of Assurance has been provided addressing some of the development issues of the property. DISCUSSION This item was heard at the regular Planning Commission July 24, 2006. The Planning Commission voted 6-1-0 to forward this item to the City Council with a recommendation in favor of the rezoning. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06-2172 FOR APPROXIMATELY 19.98 ACRES, LOCATED WEST OF RUPPLE ROAD, EAST OF MEADOWLANDS SUBDIVISION, FROM R -A, RESIDENTIAL -AGRICULTURAL, RSF-1, RESIDENTIAL SINGLE FAMILY, I UNIT PER ACRE, AND C-2 THOROUGHFARE COMMERCIAL TO C-1, NEIGHBORHOOD COMMERCIAL, RMF- 12, RESIDENTIAL MULTI -FAMILY, 12 UNITS PER ACRE, AND RSF-7, RESIDENTIAL SINGLE FAMILY, 7 UNITS PER ACRE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the zone classification of the following described property is hereby changed as follows: Parcel #1 from RSF-1, Residential Single Family, I unit per acre to RSF-7, Residential Single Family, 7 units per acre as shown on Exhibit "A" and Exhibit "D" attached hereto and made a part hereof. Section 2: That the zone classification of the following described property is hereby changed as follows: Parcel #2 from RSF-1, Residential Single Family, I unit per acre, R -A, Residential -Agricultural, and C- 2, Thoroughfare Commercial, to RMF-12, Residential Multi -Family, 12 units per acre as shown on Exhibit "B" and Exhibit "D" attached hereto and made a part hereof. Section 3: That the zone classification of the following described property is hereby changed as follows: Parcel #3 from RSF-I, Residential Single Family, 1 unit per acre to C-1, Neighborhood Commercial as shown on Exhibit "C" and Exhibit "D" attached hereto and made a part hereof Section 4: That the rezoning is subject to the Bill of Assurance offered by the applicant and shown as Exhibit "E" attached hereto and made a part 'hereof. Section 5: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED thisday of 2006. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk EXHIBIT "A" RZN 06-2172 PARCEL 1 PARCEL #1: (TO BE REZONED TO RSF-7) PART OF THE SW1/4 OF THE NE1/4 OF SECTION 12, T16N, R31W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SWI/4, NEI/4 THENCE S89°57'48"E 421.61 FEET TO THE P.O.B., THENCE S89°57'48"E 545.43 FEET, THENCE SOUTH 551.01 FEET, THENCE WEST 544.12 FEET, THENCE N00°08'09"W 551.36 FEET TO THE P.O.B.; CONTAINING 6.89 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. EXHIBIT "B" RZN 06-2172 PARCEL 2 PARCEL #2: (TO BE REZONED TO RMF-12) PART OF THE SW1/4 OF THE NE1/4 OF SECTION 12, T16N, R31W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SW1/4, NE1/4 THENCE S89°57'48E 421.61 FEET, THENCE S00°0809"E 551.36 FEET TO THE P.O.B., THENCE EAST 840.03 FEET, THENCE S00°0416E 437.33 FEET, THENCE N89°5011"W 839.55. FEET, THENCE N00°08'09"W 434.93 FEET TO THE P.O.B.; CONTAINING 8.41 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. EXHIBIT "C" RZN 06-2172 PARCEL 3 PARCEL #3: (TO BE REZONED TO C-1) PART OF THE SWI/4 OF THE NEI/4 AND PART OF THE NWI/4 OF THE NE1/4 OF SECTION 12, T16N, R31W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SWI/4, NEI/4 THENCE S89°57'48"E 967.04 FEET TO THE P.O.B., THENCE N00°2309W 137.75 FEET, THENCE S89°5748"E 296.73 FEET, THENCE S00°14'12W 137.71, THENCE S00°04'16"E 550.86 FEET, THENCE WEST 295.91 FEET, THENCE NORTH 551.01 FEET, TO THE P.O.B.; CONTAINING 4.67 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. EXHIBIT "D" RZN06-2172 Close Up View CfIt.1 II�I _. ,n rrx _tee' _. r.f 6JC� nn.y Mi r #try it i��yI,r I '1.1 `n.�W L,+Jf'~I.i�I^lili �L iL.�1_1i W,11'.I Py�1 f�J •• 41 j JFJCJ6i1 I 111.1V[R.LfI—eFAVEP LM-aI �i[atAyI1CR1LI��y �p 1 l 1� 0 • I _ TS %L ©©LOil( rJ e kI LO IRD• 51.�_ U4 ' F ir� 1 .xI Fri 4 Jr_ �I-. 'ls_.11 Ti'IJ,,, i—' I'-. ,.ef J `x/4 - Vf� I k:1. ! Li 14]•n 1 K 1 ��I I KI , I lWthtr1oN o, DUNNERSTOCK sI SUBJECT PROPERTY J75 FL1 ,t 1 r.. E , I :,y t•J:.�2 _______ _ ___SDJri19r? tK } vS Y -'t i C4 t _ v` IIFEIrTtmf,�Tni•� Lir /` `J 1..._._�_...._..__..._. •J 4�i1 f O 1 ' I(`I Legend Overview Overlay Dbeiu FLOODWAY - 500 YEAR — IODYEAR --- LIMIT OF STUDY DaseWe Pro I I Fayetteville [_ Outside CRy { Rzrmam f veor.GD8 FeolpdM2004 FM id 414Cne Ovwlay Di5Nid 0 175 350 700 EXHIBIT "E" Page 1 of 7 BILL OF ASSURANCE FOR DUNNERSTOCK REZONING REQUEST The owner of the property (said property being located west of Rupple Road and south of Bellwood Subdivision Phase 1 and being described on Exhibit A) is currently requesting a rezoning of said property and.is offering this bill of assurance which shall accompany the rezoning. The subject property consists of three parcels as follows; 1) Parcel #I to be rezoned from RSF-1 to RSF-7 and contains 6.89 Acres. This RSF-7 rezoning would allow 48 lots but our plan will limit the lots to 17 (single family). 2) Parcel #2 to be rezoned from R -A & C-2 to RMF-12 and contains 8.41 Acres. This RMF-12 rezoning would allow 100 units. 3) Parcel #3 to be rezoned from RSF-1 to C-1 and contains 4.67 Acres. This C-1 rezoning would allow for neighborhood commercial. More specifically this zoning would allow for a small market district, which would include eating places, shops; professional offices. Each parcel shall be submitted to the City Planning Division for review after it is rezoned. For Parcel #1 this would be standard preliminary plat/final plat process. For Parcel #1 and #2 this would require a Large Scale Development process. This Bill of Assurance shall accompany each parcel of land (#1, 2, &3) and shall include the following; 1) Access to parcel #1 shall be to the north through Bellwood Subdivision Phase I and to Rupple Road through Parcel #3. The street in Parcel I will connect • to Parcel #2 for access. 2) Parcel #2 shall have public access through the property and shall provide connectivity to the west, south and to Rupple Road.• 3) Parcel #2 shall have the buildings arranged to avoid a grid layout or."row" houses. Buildings shall be staggered to help avoid this grid layout. 4) Pedestrian access shall be required in all 3 parcels to provide and encourage residents of this community to walk to the market district. 5) Waterlines & sewerlines will be extended through Parcel #1 to Parcel #2 and 3. Parcels 2 and 3 will also extend their waterline sewer to Rupple Road. 6) . Stonnwater will be detained in Parcel # I and #2 and will be sized for all three parcels. 7)_ Two trees shall be planted on each lot of Parcel #1 by the builder. EXHIBIT "E" Page 2 of.7 8) Architectural design shall be reviewed by the Planning Commission for all three parcels. The review shall include type of material, color, arrangement of windows, doors, etc. Each parcel shall be reviewed separately at the time each parcel is developed. (Parcel #1 will be developed first). 9) The developer of Parcel #1 will provide improvements to Rupple Road as required by the City at the time Parcel #1 is developed. 10) Each parcel shall be compatible with the Wellspring Community to the east. This compatibility shall include architectural design & building arrangement. The City Planning Dept. shall review each development plan to determine that it is compatible with. Wellspring. The owner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Chancery/Circuit Court of Washington County and agrees that if the Owner or Owners' heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The owner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve the owners' rezoning request. • The Owner hereby voluntarily offers assurances that Owner and Owners property shall be restricted as follows IF Owners rezoning is approved by the Fayetteville City Council. The Owner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners, unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Owners' rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, Mark Foster, as the owner, voluntarily offer all such assurances and sign below. • 71*1106 Date • 12b $ . 4ob7 Address .. R jet itsS, A2._ZZ703 M Fos>f- Printed Name Signature EXHIBIT "E" Page 3 of 7 Exhibit "A" LEGAL DESCRIPTION (ENTIRE TRACT): PART OF THE S W I /4 OF THE NE114 /4 AND PART OF THE NW I/4 OF THE NEI/4 /4 OF SECTION 12, T16N, RJ I W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SWI/4, NEI/4 THENCE S89°5748"E 421.61 FEET TO THE P.O.B., THENCE S89°5748"E 545.43 FEET, THENCE N00°23'09"W 137.75 FEET, THENCE S89°57'48"E 296.73 FEET, THENCE S00°14'12"W .137.71 FEET, THENCE S00°04'16"E 988.19 FEET, THENCE N89°50'11"W 839.55 FEET, THENCE N00°08'09"W 986.29 FEET TO THE P.O.B.; CONTAINING 19.98 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. EXHIBIT °E" Page 4 of 7 Exhibit 1 PARCEL #I: (TO BE REZONED TO RSF-7) PART OF THE S W l/4 OF THE NE 1/4 OF SECTION 12, T16N, IC] 1 W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SW 1/4, NEI/4 THENCE S89°5T48"E 421.61 FEET TO THE P.O.13., THENCE S89°5T48"E 545.43 FEET, THENCE SOUTH 551.01 FEET, THENCE WEST 544.12 FEET, THENCE N00°08'09"W 551.36 FEET TO THE P.O.B.; CONTAINING 6.89 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. Mark Foster (Owner) EXHIBIT "E" Page 5o17 Exhibit 2 PARCEL #2: (TO BE REZONED TO RMF-12) PART OF THE SWI/4 I/4 OF THE NE 1/4 OF SECTION 12, T16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BE[NG DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SW 1.14, NEI/4 THENCE S89°57'48"E 421.61 FEET, THENCE S00°08'09E 551.36 FEET TO THE P.O.B., THENCE EAST 840.03 FEET, THENCE S00°04'16"E•437.33 FEET, THENCE N89°50'I I"W 839.55. FEET; THENCE N00°08'09"W 434.93 FEET TO THE P.O.B.; CONTAINING 8.41 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND 4Mau&4�roster OF WAY F RECORD. ( caner EXHIBIT "E" Page 6 of 7 Exhibit 3 PARCEL #3: (TO BE REZONED TO C-1) PART OF THE SW1/4 OF THE NEI/4 AND PART OF THE NW1/4 OF THE NEI/4 OF SECTION 12, T16N, R31W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SWl/4, NEI/4 THENCE S89°57'48"E 967.04 FEET TO THE P.O.B., THENCE N00°2309"W 137.75 FEET, THENCE S89°57'48"E 296.73 FEET, THENCE S00°14'12"W 137.71, THENCE S00°0416"E 550.86 FEET, THENCE WEST 295.91 FEET, THENCE NORTH 551.01 FEET, TO THE P.O.B.; CONTAINING 4.67 ACRES MORE OR L SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. Mark Fost (Owner) r z BILL OF ASSURANCE THAT ACCOMPANIES THIS REZONING NEOUEST STATES THAT EACH PLANNING AREA SHALL BE REVIEWED BY THE PLANNING STAFF 8 PLANNING COMMISSION 8 SHALL BE COMPATIBLE WITH THE WELLSPRING PROJECT TO THE EAST. REFER TO BILL OF ASSURANCE FOR ADDITIONAL DETAILS. EXHIBIT "E,) Page 7 of 7 L -J \ HONEr DRIVE - 125 I I 6 ppl.lO1-0�0 �— (RSF- ) I I Ig Z65Re882 I 9EU.W000 su1J l I ONPHASI 3. 1 I — — — (IM ER ca� RON) •P I S89'5T'E 48 N6 i S)' AZ1. I' i-a--s17 s 65N882400 �j 0T12.� �J 1 23 1 127 1 II 65Na8501 DETENTION 66 (fl -I21 POND I 1221 r05v88829U0 35 w _ 121 1 i I o w 1 1 N I 65118828700 2 ~ I ¢}1421 1 &4Ii. i ' 11 2D 1 � I 0 I I &I I• iss469ntO0 m I @142), 11912 63 1 Ip 1 621 (01-4175040y (RSF-) 1 ' 10 I zas-z<oecaoo (Rsr+) 339'ST46"E 29 r 9 I ;'1^1 o I 1 I a 80' d V A ' 3 F3 0 IC 566.11 ' W T 295.91 p z I ( 'zasi8822-0 I P SIOEWA I IX 15 16 I I 1 e U. ZONING • (RSF-) I 55'RIW 21 of 'ml o of PARCEL#2 128 EI • RETENTION 16&16107-OII I POND (R-01 I a .i.... FX. ZONING (R -A) ZONING=(C-z1J �� L--------------------------- N69O-- -- 639.5 ____ _ __ _ 165-16154000 ---_ 0 RI 1 165�ZKa-001 Z65(C-I) 0D (RO) 1 (c-0 (c4) GRAPHIC SCALE a m 1w m «n ( INFEET ) 1 inch = I00 SL Taye Lt ARKANSAS 125 W. Mountain St. THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: July '° �, �06 Updated July 25, 2006 PC Meeting of July 24, 2006 RZN 06-2172: Rezoning (DUNNERSTOCK, 400): Submitted by JORGENSEN & ASSOCIATES for property located west of Rupple Road, east of Meadowlands Subdivision. The property is zoned RSF-1, Res. Single Family - I unit/acre, R -A, Res. Agricultural, and C-2, Thoroughfare Commercial and contains approximately 19.98 acres. The request is to rezone the subject property to RSF-7 (6.89 acres), RMF-12 (8.41 acres), and C-1 (4.67 acres). Planner: Suzanne Morgan RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings herein. COMMISSION ACTION: lotion: Graves zcond: Trumbo ote: 6-1 ate: July 24, 2006 COUNCIL ACTION: Required YES X Approved ❑ Denied Required YES ❑ Approved ❑ Denied August 15, 2006 (1st reading if recommended) C f1LCl13111 w Property Description: The subject property contains approximately 19.98 acres. The property is located west of Rupple Road, north of Wedington Drive. It is zoned R -A (2.62 acres), RSF-1 (16.77 acres), and C-2 (0.59 acres), compliant with the Future Land Use Plan 2020. Development of the property consists of several single-family dwellings, in addition to accessory buildings for the former agricultural use of the property. Much of the surrounding property is currently under development or planned for development in the near future. These projects include Bellwood Subdivision and Oakbrooke Subdivision to the north and Wellsprings Community Master Development Plan to the east. K:IReporu120061PC Reports107-24-061R7,N 06-2172 (Dunnerstock).doc History: On April 24, 2006, the Planning Commission heard a request to rezone the subject property to RSF-4. The Planning Commission voted 4-4-0 to forward the rezoning request with a recommendation for an RSF-4 zoning district, with Commissioners Anthes, Harris, Bryant, and Ostner voting no. Therefore, the motion failed due to lack of five affirmative votes, and the application for rezoning to RSF-4 was denied. Those who voted against the motion discussed their concerns regarding the low single family density of four units per acre in this location. They recommended that property in close proximity to amenities such as the Boys and Girls Club, a school, a fire station and a future mixed use development to the east should be zoned and developed at a density greater than RSF-4 will permit and potentially allow for more commercial uses. The applicant did not appeal the Planning Commission action. Instead, the applicant submitted a Master Development Plan Residential Planned Zoning District application. Staff reviewed the application and found that the proposal lacked adequate detail for a Planned Zoning District. At this time, the owner only intends to develop a portion of the property as single family. Because the remaining property may be sold, the applicant was hesitant to establish fixed development regulations on the property. Since the proposed uses and densities on the PZD mirrored that of the RSF-7, RMF-12 and C-1 zoning districts, the applicant submitted a request to rezone the property to these three zoning districts in accordance with the comments offered by the Planning Commission. • Proposal: The applicant proposes a rezoning of the 19.98 -acre property/to RSF-7 (6.89 acres), RMF-12 (8.41 acres), and C-1 (4.67 acres). The applicant hasalso submitted a Bill of Assurance with the rezoning request. The items in the Bill of Assurance primarily address,the development of the property. Connectivity, architectural design, compatibility with Wellsprings PZD, improvements • to infrastructure, landscaping, and pedestrian connectivity are established by the Bill of Assurance (see attached). The property zoned RSF-7 is referred to as Parcel #1 and will be adjacent to Willow Springs Phase I, an existing single family residential subdivision, and Bellwood Subdivision, a single family subdivision under construction to the north. Parcel #2 is proposed to be zoned RMF-12. This property is adjacent to a small tract of commercial property and vacant Residential Office property. Parcel #3 is proposed to be zoned C-1 and is located adjacent to Rupple Road and the commercial area within' Wellsprings PZD. Recommendation: Staff recommends approval of the rezoning request with the proposed Bill of Assurance. The proposed zoning districts are compatible with the existing and future land uses within the area, and the residential population will benefit from the many amenities within walking distance of the property. Additionally, these zonings will allow for a complete neighborhood to be established, connected with living and retail opportunities in a compact area. K:IReports120061PC Reports107-24-061RZN 06-2172 (Dunnastock).doc SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North Single family (Bellwood SD under construction) RSF-4 South Vacant property; Electronic Supply Store R-0 & C-2 East Vacant property (future Wellsprings Development) R-PZD West Single family subdivision (Willow Springs SD) RT-12 INFRASTRUCTURE: Streets: The site has access to Rupple Road. Rupple Road is an unimproved 2 -lane paved roadway adjacent to this property. Rupple Road has been identified as a roadway to be improved by the future Transportation Bond Program, though improvements may be required with future development, should it occur prior to the future street improvements. Surrounding Master Street Plan Streets: East: Rupple Road (Principal Arterial) Water: Public water is adjacent to the site. There is a 6" waterline running along the east side of Rupple Road There is also an 8" main located in the adjacent subdivision on the west side of the property. Water service will need to be extended within the property at the time of development. Sewer: Sanitary sewer is not available on the site. There is an 8" sanitary sewer main located to the south of the project on Rupple Road. There is also an 8" main located in the adjacent subdivision on the west side of the property. Improvements to the sewer system may be required dependent upon the demand placed by the development. Sewer service will need to be extended within the property at the time of development. Drainage: Standard improvements and requirements for drainage will be required for the development. Fire: These 20.35 acres are covered by Engine 7 located at 835 N Rupple Road. The property is 0.5 miles from the station with an expected response time of 2 minutes. The Fire Department anticipates 26 (16 EMS — 10 Fire/Other) calls for service per year once the development is completed and maximum build -out has occurred. Measured hydrant flow in the area is 1590 gallons/minute. The service impact of this development will typically take eighteen months after the development is started, and the units begin to be occupied, to occur. There should be no adverse effects on our call volume or response time to this development. K:IReporis120061PC Repons107-24-061RZN 06-2/72 (Dunnersrock).doc Police: It is the opinion of the Fayetteville Police Department that this annexation will not substantially alter the population density and thereby undesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in the area. LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property to RSF-7, RMF-12 and C -I is not strictly compliant with the General Plan 2020, but it will establish land use and density compatible with surrounding uses and approved zoning. FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: In 2004, several hundred acres east and west of Rupple Road were annexed into the City with the annexation of islands. Therefore, it has only been recently that the properties adjacent to Rupple Road have begun to develop. These developments include a residential subdivision zoned.RSF-4 to the north of the property, as well as two approved Planned Zoning Districts to the north and east of the property (Oakbrooke Subdivision and Wellsprings Community) which will permit mixed -use development. The 20.35 -acre tract is currently zoned R -A, RSF-1, and C-2, consistent with the current Land Use Plan. However, the development of this property at a greater density than 0.5 and I unit per 1 acre is appropriate in this area and will result in a more efficient use of existing and planned infrastructure, which includes a fire station, new school and the Boys and Girls Club. Staff initially found that an RSF-4 zoning for single-family residential use was compatible with adjacent and nearby single family residential land use. The request to rezone the property to RSF-4 was denied by the Planning Commission. Those who voted against the RSF-4 zoning identified this area as a prime location for mixed uses and increased residential density. The applicant's proposal for development provides separate areas for single family, multi -family and commercial development rather than having the uses intertwined vertically as with traditional new urban development; nevertheless, these uses, as noted in the submitted Bill of Assurance, will all be connected to one another and the development arranged so as to encourage pedestrian activity. Staff finds that the proposed zoning meets the intent of a mixed development while also providing some compatibility between adjacent zoning and uses. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is justified in order to promote orderly and consistent development patterns making use of existing infrastructure. A development K: IReportsl2006lPC ReportsIO7-24-061R7N 06-2172 (Dunnerslock).doc with density and commercial uses compatible to surrounding subdivisions and Wellsprings PZD could not be developed as it is currently zoned. The recent approval of the Wellsprings PZD encompasses more than 250,000 square feet of commercial space. The proposed commercial development on the 4.7 acres within this property will support the commercial development in Wellsprings PZD and create a commercial node at the intersection of Rupple Road and new east -west street to be built with Wellsprings and proposed through Parcel #3. The 117 residential dwelling units will support the commercial development. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will result in additional traffic on Rupple Road. The following chart shows the average number of vehicle trips generated by each proposed zoning district: Zoning District Average Trips — Weekday. Average Trips — Saturday RSF-7 (17 units) 163 172 RMF-12 (100 units) 586 567 C-1 (63,000 sq. ft.)* 2,705 3,148 *The amount of commercial space is based off of the amount proposed in the PZD application. Neither the C -t zoning district regulations or proposed Bill of Assurance will limit any development on the 4.7 -acre property to 63,000 square feet. Rupple Road is a Principal Arterial street which will be improved to carry large volumes of traffic. A Principal Arterial can serve 17,600 vehicle trips per day and up to 20,600 vehicle trips per day with a left turn bay. The existing traffic signal at Rupple Road and Wedington Drive will aid in facilitating safe traffic movements adjacent to the subject property. The Fayetteville Police Department finds that rezoning this property will not result in an appreciable increase in the level of traffic danger and congestion in the area. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The proposed zoning will substantially increase population density. Under the current zoning, approximately 32 units could be constructed on the subject property. Under the proposed RSF-7 and RMF-12 zoning districts, a total 117 units could be erected on the property. Rezoning the property increases the possible number of residential units and population than that which would be allowed in the current zoning districts. It also provides additional housing options in an area that is close to a school, Boys and Girls Club, and several commercial areas, both existing and proposed. K:IRepons120061PC Reportsl07-24-061RZ,V 06-2172 (Dunnerstock).doc Increased load on public services were taken into consideration and recommendations from Engineering, Fire, and Police Departments are included in this report. 5. If there are. reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A K:IReporis120061PC Reportsl07-24-061RZN 06-2172 (Dormers ock).doc 161.03 District R -A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted uses. Unit I City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 36 Wirelesscommunications facilities (C) Density. Ii Units per acre I One-half (D) Bulk and area regulations. Lot width minimum 200. ft. Lot Area Minimum: Residential: Nonresidential: 2 acres 2 acres Lot area per dwelling unit 2 acres (E) Setback requirements. Front Side Rear 35 ft. 20 ft. 35 ft. (F) Height requirements. There shall be no maximum height limits in the A -I District, provided, however, that any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required setback lines. (G) Building area. None. K: IReports120061PC Reponsl07-24-06 RZN 06-2172 (Dunnerslock).doc 161.05 District Rsf-1, Residential Single - Family= One Unit Per Acre (A) Purpose. A district having single-family detached residences on lots with a minimum size of one unit per acre. The district is designed to permit and encourage the development of very 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 Units Single-family dwellings (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 Unit 36 Wireless communications facilities (C) Density. Units peracre I 1 II (D) Bulk and area regulations. Lot width minimum 150 ft. Lot area minimum 43,560 sq. ft. 1 acre Land area per dwelling unit 43,560 sq. ft. 1 acre (E) Setback requirements. Front Side Rear 3511. 20 ft. 35 ft. (F) Height regulations. II Maximum building height I 35 ft. II (G) Building area. None. 161.08 District Rsf-7, Residential Single - Family — Seven Units Per Acre (A) Purpose. The RSF-7 Residential District is designed to permit and encourage the development of detached dwellings in suitable environments. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings (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 9 Two family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. By Right Conditional Use Single-family dwelling units per acre 7 or less 6.5 Two-family dwelling units per acre -- Option: 15% of the lot, maximum (D) Bulk and area regulations. (1) Lot width minimum. Single-family 60 ft. Two-family 60 ft. Townhouse, no more than two attached 30 ft. (2) Lot area minimum. Single-family 6 000 sq. ft. Two-family 6 000 sq. ft. Townhouse, no more than two attached 3,000 sq. ft. (3) Land area per dwelling unit. Single-family 6,000 sq. ft. Two-family 3,000 sq. ft. Townhouse, no more than two attached 3,000 sq. ft. K: IReports120061PC Reportsl07-24-061RZN 06-2!72 (Dunnawstock). doc (E) Setback requirements. Front Side Rear 2511. aft. 20 ft. (F) Height. Structures in this District are limited to a building height of 45 feet as measured from the lowest point of the structure at the historic grade. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area. 161.11 District Rmf-12, Residential Multi - Family — Twelve Units Per Acre (A) Purpose. The RMF-12 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a moderate 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-famil dwellin s Unit 10 Three-family dwellings Unit 26 Multi -family dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public prot�dtion and utility facilities Unit 4 Cultural and recreational facilities Unit 11 Manufactured home paric Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Ii Units per acre I 4 to 12 II (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home park 50 ft. Single famil 60 ft. Two-family 60 ft. Three and more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a manufactured home ark 4,200 sq. ft. Townhouse: •Development •Individual lot 10,000 sq. ft. 2,500 sq. ft. Single-family 6,000 sq. ft. Two-family 7,000 sq. ft. Three or more 9,000 sq. ft. Fraternity or Sorority 2 acres Professional offices 1 acre (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Apartments: No bedrooms 1,700 sq. ft. One bedroom 1,700 sq. ft. Two or more 2,000 sq. ft. bedrooms Fraternity or Sorority 1,000 sq. ft. per resident 161.17 District C-2, Thoroughfare Commercial (A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Un@ 4 Cultural and recreational facilities Unit 12 Offices, studios and related services Unit 13 Eating laces Unit 14 Hotel, motel, and amusement facilities Unit 15 Neighborhood shopping oods Unit 16 Shopping oods Unit 17 Trades and services Unit 18 Gasoline service stations & drive-in restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, lame sites Unit 25 Professional offices Unit 33 Adult live entertainment club or bar Unit 34 Liquor store (2) Conditional uses. Unit 2 City-wide uses by conditional' use permit Unit 3 Public protection and utility facilities Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 32 Sexually oriented business Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities (E) Setback requirements. (C) Density. None. Front Side Rear 25 ft. 8 ft. 25 ft. Cross reference(s)—Variances, Ch. 156. (F) Height regulations. Any building which exceeds the height of20 feet shall be set back from any side boundary line an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area. None. K: lReporrs120061PC Reporrs107-24-061RZN 06-2172 (Dunnvstock).doc (D) Bulk and area regulations. None. (R) Sethack reoulatinns_ Front 50 ft. Side None Side, when contiguous to a residential district 15 ft. Rear 20 ft. (F) Height regulations. In District C-2 any building which exceeds the height of 20 feet shall be set back from any boundary line of any residential district a distance of one foot for each foot of height in excess of 20 feet. No building shall exceed six stories or 75 feet in height. (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total. area of such lot. July 19, 2006 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, This document is in response to the request for a determination of whether the proposed RZN 06-2172 (Dunnerstock, 400) submitted by Dave Jorgensen for property located NW of Rupple Rd and Hwy 16W Intersection, South of Phase I would substantially alter the population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic danger and traffic congestion. It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population density and thereby undesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in the area. Sincerely, William Brown Captain — Administration Fayetteville Police Department Fayetteville Fire Department To: Suzanne Morgan, Andrew Garner, Jeremy Pate, and Jesse Fulcher Thru: Chief Tony Johnson Asst Chief Bud Thompson From: Captain Dale Riggins Date: July 19, 2006 Re: Zoning Review — Fire Department Comments RZN 06-2172 (Dunnerstock) These 20.35 acres are covered by Engine 7 located at 835 N Rupple Road. The property is 0.5 miles from the station with an expected response time of 2 minutes The Fire Department anticipates 26 (16 EMS — 10 Fire/Other) calls for service per year once the development is completed and maximum build -out has occurred. Measured hydrant flow in the area is 1590 gallons/minute. The service impact of this development will typically take eighteen months after the development is started, and the units begin to be occupied, to occur. There should be no adverse effects on our call volume or response time to this development. Please feel free to contact me if you have any questions Captain Dale Riggins Fayetteville Fire Department !RzwmM ____.ate ,�� OJGj= 2j7j2 _J1J J Dunnerstock Rezoning Summary of Average Vehicle Trip Generation For 17 Dwelling Units of Single Family Detached Housing July 19, 2006 24 Hour 7-9 AM Pk Hour 4-6 PM Pk Hour Two-way Volume Enter Exit Enter Exit Average weekday 163 3 10 11 6 24 hour Peak Hour Two -Way Volume Enter Exit Saturday 172 9 7 Sunday 149 8 7 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS Bellwood Summary of Average Vehicle Trip Generation For 100 Dwelling Units of Residential Condominium / Townhouse June 06, 2006 24 Hour 7-9 AM Pk Hour 4-6 PM Pk Hour Two -Way Volume Enter Exit Enter Exit Average Weekday 586 7 37 35 17 24 hour Peak Hour Two -Way Volume Enter Exit Saturday 567 25 22 Sunday 484 22 23 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS Dunnerstock RZN Summary of Average Vehicle Trip Generation For 63 T.G.L.A. of Shopping Center July 19, 2006 24 Hour 7-9 AM Pk Hour 4-6 PM Pk Hour Two -Way Volume I Enter Exit Enter Exit Average Weekday 2705 40 25 113 123 24 hour Peak Hour Two -Way Volume Enter Exit Saturday 3148 163 151 Sunday 1590 96 100 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS JORGENSEN & ASSOCIATES 1X11 CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX (479) 582-4807 DAVID L. JORGENSEN, P.E., P.L.S. CHRISTOPHER B. BRACKETT, P.E. 7/19/06 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Suzanne Morgan Re: Dunnerstock Dev. Inc. (Mark Foster) Dear Suzanne; RECEIVED JUL 2,0 2006 PLANNING DIV. As you know, we submitted a Master Development Plan for Bellwood Phase.2. After meeting with you and Jeremy and the owner, we would like to proceed as follows; 1) Request three separate standard rezonings (RSF-7, RMF-12, C-1) 2) Along with this rezoning request, the owner will submit a bill of assurance that states that this rezoning will be compatible with the Wellspring Project to the east. This assurance will be attached to the deed. The reason for this request is that Mark Foster is the developer of the RSF-7 portion but not the developer of the other 2 parcels. Also, we will submit a preliminary plat for the RSF-7 portion and install all infrastructure as shown on the attached drawing. Future development of the other two areas will require a detailed review by the Planning Staff and Planning Commission when the Large Scale Developments are submitted for these areas. This review would include conformance of these projects with respect to compatibility with Wellspring. Please review and call concerning any questions you may have. Thank you. Sincerely; David L. Jorgensen, P.E. • STRUCTURAL DESIGN • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING -Ex. 6- WM.. ENGINEER JORGENSEN 8 ASSOCIATES CONSULTING ENGINEERS. INC. 124 WEST SUNBRIDGE SUITE 5 FAYETTEVILLE, AR. 72703 (479) 442-9127 OWNER DUNNERSTOCK DEVELOPMENT. INC. I - ja.II U MARK FOSTER, PRESIDENT P.0. BOX 9087 FAYETTEVILLE. AR. 72703 FAYETTEVILLE, ARKANSAS LEGEN (479) 756-0096 O BOUNDARY CORN. 0 SEWER MANHOLE CENTERLINE 5Th v _ UTILITY EASEMI NOTE: THIS PROPERTY IS NOT AFFECTED BY THE 100 YEAR _ k y'��,�� BUILDING SE TB' FLOOD PLAIN AS PER FIRM #05143C0091 D DATED 7-21-99. 4 (S ao' - IdR B- SEWER LIN %'�' _ _ Ob _WATERLINE LEGAL DESCRIPTION (ENTIRE TRACT):\�vs DRAINAGE PIP ZONING LINE PART OF THE SWI/4 OF THE NEI/4 AND PART OF THE NWI/4 OF THE NEI/4 OF SECTION /2, T16N,--'---- R31W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SWI/4, NEI/4 THENCE S89°57/.8'E 421.61 FEET TO THE P.O.B., THENCE 589°5748'E 545.43 FEET. THENCE N00°2309W 137.75 FEET, THENCE S89°5748'E 296.73 FEET, CURREP THENCE S00°14'12W 137.71 FEET, THENCE S00°0416 -E 988.19 FEET, THENCE N89°5011 -W 839.55 RSF-I, FEET. THENCE N00°0809 -W 986.29 FEET TO THE P.O.B.; CONTAINING 19.98 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. PARCEL #l: (TO BE REZONED TO RSF-7) PART OF THE SWI/4 OF THE NEI/4 OF SECTION 12, TI6N, R31W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SWI/4, NEI/4 THENCE $89°57'48E 421.61 FEET TO THE P.O.B., THENCE S89°57'48'E 545.45 FEET, THENCE SOUTH 551.01 FEET, THENCE WEST 544.12 FEET, THENCE N00°0809'W 551.36 FEET TO THE P.O.B.; CONTAINING 6.89 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. 5-24080-000 PARCEL #2: (TO BE REZONED TO RMF-12) (PS F -)) PART OF THE SWI/4 OF THE NEI/4 OF SECTION 12, T/6N, R31W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SW//b, NE/IL THENCE 589°57'48-E 421.61 FEET, THENCE S00°0809E 551.36 FEET TO THE P.0.8., THENCE EAST 840.03 FEET, THENCE S00004.16 -E 437.33 FEET, THENCE N89°50'11 -W 839.55. FEET, THENCE N00°08'09'W 434.93 FEET TO THE P.O.B.; CONTAINING 8.41 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. PARCEL #3: (TO BE REZONED TO C -I) PART OF THE SWI/4 OF THE NEI/4 AND PART OF THE NW/I!. OF THE NEI/4 OF SECTION I2, TI6N, R3IW IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SWI/4. NEI/4 THENCE S89°57'48 -E 967.04 FEET TO THE P.O.B., THENCE N00°23'09W 137.75 FEET, THENCE S89°5748 -E 296.73 FEET, THENCE S00°l4'12'W 137.71, THENCE S00°04'!6'E 550.86 FEET, THENCE WEST 295.91 FEET, THENCE NORTH 551.01 FEET, TO THE P.O.B.: CONTAINING 4.67 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. 546231-000 (C -r) 'R/W SURROUNDING PROPERTY OWNERS TABLE 765-24084-000 - WANDA JETER - 1385 N. RUPPLE ROAD - FAYETTEVILLE. AR. 72704 765-24080-000 - NOCK INVESTMENTS - ONE EAST CENTER STREET, SUITE 30! - FAYETTEVILLE, AR. 7270! 765-16231-000 - WESTS/DE STORAGE INC. - P.O. BOX 33/8 - FAYETTEVILLE, AR. 72702 765-17440-000 - GARY 8 BARBARA ADAMS - 1163 N. RUPPLE ROAD - FAYETTEVILLE, AR. 72704 765-17440-001 - GARY 8 BARBARA ADAMS - 760 N. 46TH AVE. - FAYETTEVILLE, AR. 72701 765-16234-000 - ROBIN RAHAT 8 SHAHRY KHAJEHAJAFI - P.0. BOX 9945 - FAYETTEVILLE, AR. 72703 76546237-011 - SHAHRY KHAJEHNAJAFI 8 ZH/LA TABATABAI - 14366 DEL WARE DR. - MOORPARK, CA. 93021 765-18824-000 - ANA LOPEZ - 4219 MALLARD LN. - FAYETTEVILLE, AR. 72703 765-18825-000 - JANE BURGGRAF - /296 PLUM TREE OR- - FAYETTEVILLE, AR. 7270/ 765-18826-000 - ELIZABETH 8 RYAN MCDONALD - 3467 VASSAR ST. - FAYETTEVILLE, AR. 72701 765-18827-000 - ALVIN PERRY - 1326 PLUM TREE DR - FAYETTEVILLE, AR. 72704 765-18828-000 - MARK 8 ANITA SILLS - 1342 PLUM TREE DR.•- FAYETTEVILLE. AR. 72704 765-18829-000 - NORMA GABBARD - 1358 PLUM TREE DR. - FAYETTEVILLE. AR. 72704 765-18830-000 - MADELYN SKELTON - 1374 PLUM TREE DR. - FAYETTEVILLE, AR. 72704 765 -18831 -000 -SCOTT RENTALS, INC. - 20981 N. LAKESHORE - SPRINGDALE, AR. 72764 765-18832-000 - KEVIN GARRETT - 1408 N. PLUM TREE DR. - FAYETTEVILLE, AR. 72704 001dl761-000 - DUNNERSTOCK DEVELOPMENT. INC- - 4257 GABLE DR. #F3 - FAYETTEVILLE, AR. 72703 001-11759-000 - DUNNERSTOCK DEVELOPMENT, INC. - 4257 GABLE DR. #F3 - FAYETTEVILLE, AR. 72703 PLAT ti a 0 Planning Commission April 24, 2006 Page 120 RZN 06-2018: Rezoning (FOSTER/BELLWOOD II, 400): Submitted by DAVE JORGENSEN for property located at RUPPLE RD. E OF MEADOWLANDS. The property is zoned RSF-1, SINGLE FAMILY — I UNIT/ACRE, R -A, RESIDENTIAL AGRICULTURAL, C-2, COMMERCIAL THOROUGHFARE and contains approximately 20.35 acres. The request is to rezone the subject property to RSF-4, RESIDNETIAL SINGLE FAMILY, 4 UNITS/ACRE. Anthes: May we have the staff report, please? Morgan: This property is located on Rupple Road. It is located south of preliminary plat for Bellwood Subdivision. That property is currently under construction. The property to the east of this was recently approved as a PZD for Wellsprings Community. It is a mixed -use community. They will have various types of residential and commercial areas within it. With regard to this property, the applicant requests a rezoning from multiple zoning districts -.R-A RSF-I and C-2 - to an RSF-4 zoning district which would allow development of a residential subdivision compatible with that to the north. There are a variety of zoning districts surrounding this property. Staff finds that the RSF-4 zoning district is compatible and will provide a use which is not necessarily a need to those new subdivisions; however, with the variety of residential type uses in this area we find that RSF-4 will be compatible with regards to density. Anthes: Thank you, Suzanne. Would any member of the public like to address this rezoning request? Seeing none, I'll close the public comment. Would the applicant like to make a presentation? Jorgensen: Yes, ma'am. My name is Dave Jorgensen. I am here to answer questions basically. Anthes: Thank you, Mr. Jorgensen. Commissioners? Trumbo: Madame Chair. Anthes: Commissioner Trumbo. MOTION: Trumbo: I would like to go ahead and make a motion for approval... Anthes: Forward? Trumbo: To forward, yes, RZN 06-2018 in agreement with all of staffs' recommendations. Planning Commission April 24, 2006 Page /21 Anthes: Thank you. We have a motion by Commissioner Trumbo. Do I hear a second? Myres: Second. Anthes: Second by Commissioner Myres. Is there further discussion? Ostner: Madame Chair. Anthes: Commissioner Ostner Ostner: I would appreciate a little discussion. I know it is late. This property is one small commercial lot on Wedington Drive. It is currently commercial. It's going to face Wellspring, which is a town. It's going to be larger than Elkins and Farmington put together. I'm not so sure this is good to give up commercial zoning. The gas station to the south of it could easily be absorbed. Large commercial lots are scarce within our city limits. I see part of it looks to be R -A, part of it looks to be R-1. We don't have any delineations visible. Morgan: If you look at the handouts submitted by the applicant in your packet, it should separate the areas of R-1 and... Ostner: So it's a small, maybe an acre of land. Pate: About .49 acres. Ostner: Yeah, okay. So much of it is RSF-1. Is that a "I" or an "P"? Pate: It's a 1. It's one of the islands that was annexed in 2004 when the island annexation did come in. The piece of commercial property was fought for to be rezoned C-2. It is limited under very strict Bill of Assurance, allowing only one business owner of the property. Ostner: Is that the electric company? Pate: Yes. Ostner: I see with a better map. Clark: Madame Chair. Were. you finished Commissioner Ostner? Ostner: 1 guess I'm still concerned that so much homogenous pure 4 units/acre residential gets rezoned so quickly and then everybody wants commercial so lets go out to the .county. I guess that's my concern. This is going Planning Commission April 24, 2006 Page 122 extremely quickly. When I saw it at the back of our packet, this is all I saw. That's my comment. Anthes: Commissioner Clark. Clark: I was initially concerned that this is surrounded by higher density and that we were possibly underzoning this. But since this is across the street from Wellspring, I don't know. We might get a variety of things from PZD to probably a PZD with mixed -use and I would encourage that in this area. I think that Allan makes a very good point about commercial being needed but we can accomplish a very nice mixed development in this area. So I'm not going to and it's late, so if you want RSF-4, you can have it. Anthes: Is there further discussion? Ostner: Yes. Anthes: Commissioner Ostner. Ostner: That's a good point, however land rights are being distributed tonight not in the future. I will probably have to vote no. I just think as a member on this Commission, it is part of our job to think like the citizen. I think a lot of citizens are looking at commercial development and wondering if there are any more larger tracts other than the mall or Rogers. I know this is not a commercial tract, but it is mostly undeveloped and RSF-1 is a very low zoning district. It is an ideal 'carrying zoning district like R -A to stay in the city but difficult to develop potential zones. I don't think we will see this again other than a large scale development with a preliminary plat so I think the decision is being made now. So I'm, going to vote against it. Anthes: I would just like to say that I agree with Commissioner Ostner. I feel that the zoning is too low in this area. It is surrounded by a large RT-12 commercial zonings, residential office, C -I and C-2, and a large PZD that we have seen across the road. With the amount of single-family property that we have rezoned in the west part of Fayetteville I feel like we are missing opportunities for commercial nodes and density in areas so close to other amenities. For that reason, I will also vote to deny this rezoning request. Is there further discussion? Pate: Madame Chair, I just want to remind the commission, both of you mentioned Wellspring which incorporates almost half a million square feet of commercial space which is quite significant for a community especially with a Harp's and commercial area half a mile, three quarters of a mile from here as well. So, that is a pretty significant development that has already been processed for a preliminary plat. • t Planning Commission April 24, 2006 Page 123 Anthes: I agree. It also puts enough residential property on that acreage to support whatever retail they have proposed. In addition, I'm not saying necessarily that this should be commercial or anything else but I just feel like the RSF-4 zoning is too low. It needs to be higher density or something else that remains to be seen. Is there further discussion? Ostner: Yes, ma'am. Anthes: Commissioner Ostnet. Ostner: That's a good point about Wellspring incorporating its own commercial fronts and square footage. The old way to develop commercial land is to buy the dirt and (blanked out on both cassette tape and video tape). Why can't there be a larger grocery store west of Wal-Mart sort of in Farmington because that traffic is backed up so far there aren't any large parcels available. They're all chopped up into tiny pieces. So it's the large parcels that are rare. That's the extent of my comment. Anthes: Any further comment? Will you call the roll, please? Roll Call: The motion to forward RZN 06-2018 fails with a vote of 4-4-0. Ostner: For a point of order, can we hear the process for appealing a failed zoning petition? Pate: The applicant would need to submit a letter of appeal to the City Clerk within 10 business days for this item to be heard. .iui i01a:4.'trs RZN06-2172 DUNNERSTOCK N E RSTOCK Close Up View � � \`_,;, �� I � � e 'e1 o I®'k37' �R2 - ®�'Rr z U"I a' •C 99 99 4J ti wl � r- °. ,,® - RSF-4 - . S�� SUBJECT PROPERTY r.1z RSFY 'x !.'$- z' r' _ Nj.,t <52:r.'t,,.' ^' i' KIi a y.%'s' f", Frv,i'r!E] ^ �i�n. � � 4'i�''lf Yec 'ay'S`i. hl x' w • r ,t RWW 1•J... FlNNc15 :Rr.sz�_ •.00 z:,. f.r'$3-aYSµ Y�1_..0 :. . Rh(F-24 �, x4 n Ii RO .� nc C-2 t I G1 R -D ED i N DR � x J - WEOI"ut NOR k / � RA RO w _ci1. C1 RA • RL D- `• �0RA f � ' 1tRSF-4� -•.� Overview Legend ,,LogoOnda District— aOOOWAY— 500 YEAR m0000 y — 100 VEAR --= LIMIT SNDY — - Base One ne Rofile O Fayetteville 0 Outside Cily RZHe6-2172 -d vedor.GD&Foolpdmt-2004 Hifside-HMW Overlay DisVid O 175 350 700 From: Clarice Pearman - To: Pate, Jeremy Date: 9.12.06 5:03PM Subject: Ords. 4915, 4916, 4918, 4919, 4920 & 4921 Jeremy, Attached are the above ordinances passed by City Council, September 5, 2006. If you have any questions please let know. I am still working on the exhibits for the landscaping. I'm still having trouble getting the WordPerfect graphic to come in. I may for publishing purpose just have to say "graphics may be viewed in city clerk office". I may have to have you bring the jump drive again. I'll let you know. Thanks. Clarice CC: Audit; GIS NORTHWEST ARKANSAS EDITION Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: Ordinance 4915 Was inserted in the Regular Editions: September 19, 2006 Publication Charge: $199.29 Subscribed an sworn to before me This/ 'day of(.2006. Notary Public My Commission Expires: Sharlene D. Williams Notary Public State of Arkansas My Commission Expires October 18, 2014 RECEIVED SEP 22 2006 CITYOFFAYCITY CLERICS FFFICE ORDINANCE NO. 4915 AT DESCRIBED IN APPROXIMATELY ES, TWEST IMATELY 75.88 ES, LOCATED OFUPPLE I S I ). EAST WI MEADOWLANDS UBDIVI• . FROM . RESIDENTIALAGRICUL• ARKANSAS N-A IL. RSF•1, RESIDENTIAL SINGLE FAMILY I UNIT 'FARE COMMERCIAL TO C"1, NEIGHBORHOOD COMMEApp . RMF-12. AND CQL RES. AL MULTI -FAMILY. 12 UNITS PER ACRE. nrRES.IT LV. 7 usteG .i&.. & AND RSFJ. Garunaw... _. _ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS I. Section 1: That the zone class8ica1Wn of the falowmg described property Is hereby changed as follows: Parcel ran, RSF-1, Residential Single Famly, 1 unit par acre to RSF-7, Residential Single f Fanny 7 untper s per acre as shown on Exhth4'Aand Exhibit 'D' attached hereto and made a part hereof. Section 2 That the zone classwcefon of the folowing descrbed property Is hereby changed as follows: Parcel #2 from RSF-1, Residential Single Famlty, I unit per acre, R -A, Reskfential- Agricultural, and C-2, Thoroughfare Commercial to RMF-1 2, Residential Multi-Famly, 12 units per acre as shown on Exhibi'B" and Exhibit 9' attached hereto and made a pan hereof. Snitlon 3: That the zohe aassgiratbn of the following described property is hereby changed as follows: Parcel #3'fmni RSF-1, Residential Single Family, 1 unit per acre to C-1. Neighborhood Commercial as shown on Exhibit 'C' and Exhiba'D" attached hereto and made a part hereof. SecWIon 4: That the rezoning Is subject to the Bill of Assurance offered by the applicant and shown as Exhibi'E'attached hereto and made a pan hereof. Seetlon S: That the official zoning map a the City of Fayetteville, Arkansas Is'hereby amended to reflect the zoning change Provided In Section 1 above. PASSED and APPROVED this 5th day of September, 2036, APPROVED, , I BY/s!DAN.COo DY, Mayor • .ATYEST e 7 By: /s/SONORA SMITH, City Clerk EXHIBIT "A" RZN 062172 PARCEL / PARCEL #1: (TO BE REZONED TO ASE -7) PART OF THE 5W114 OF THE NE114 OF SECTION 12, TIGN, R31W IN WASHINGTON COUNTY ARKANSAS AND BEING DESCRIBED AS FOLLOWS COMMENCING AT THE NW CORNER OF SAID SW114, NE1/4 THENCE S89°5T48'E 421.61 FEET TO THE P.O.B., THENCE S89°57'8 -E 1545.43 FEET, THENCE SOUTH 551.01 FEET, THENCE WEST 544,12 FEET, THENCE TO 551.36 FEETTO THEP,O.5, CONTAINING 6.89 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. E%NIBIT'r RZN 06-2172 PARCEL 2 PARCEL #2: TO BE REZONED TO RMF-12) PART OF THE SW t/4 OF THE NE1/4 OF SECTION 12, T16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SW1/4, NE1/4 THENCE S89°57'48 -E 421.61 FEET THENCE S00°03'W'E 551.36 FEET TO THE P.0.E, THENCE EAST 840.03 FEET, THENCE S00°04'I6'E 437.33 FEET THENCE Pierson 'W 839.55, FEET, THENCE NW°OBVg'W 434.93 FEET TO THE P.O.B.: CONTAINING 8.41 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. EXHIBIT RZN 062172 PARCEL 3 PARCEL 033: (TO BE REZONED TO C -I) PART OFTHE SW1/4 OF THE NE1/4 AND PART OF THE NW 1/4 OF THE NE1/4 OF SECTION 12, T16N, P31W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SWI/4, NE1/4 THENCE S89 -57-48-E 967.04 FEET TO THE P.O.B., THENCE NW'23'09'W 137.75 FEET, THENCE 589°57'48'E 296.73 FEET, 86 JECTT 295 91 FEET ThENTO EE ASEMENTS 551 1 AND FEET, OO T OF WAY OF NTAININGRECORD 4.67 ACRES CMORE E OLESS SUB- III R (Exhibits D 8 E are maps and may be VIeWed In the OilyClerk§ office ECEIVED during nornor mal businoess hours) . 2 2006 SEP 29 CITYOF FAYETTEVILLE CITY CLERKS OFFICE