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HomeMy WebLinkAboutOrdinance 5775Illllllllllllllllllllllllllllllllllllllllllll111111111111111111111111111�Illlll IB293490002 TYPO: REL Ksnd: 02""'Nr Reeorded: 06/15/2015 at 02:29:38 PM SFlashinAton2Cou0ntvaaAA1 a( 2 Kyle Svinester Circuit Clerk Fil82015-00016313 ORDINANCE NO. 5775 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-4965, FOR APPROXIMATELY 642 ACRES, LOCATED AT THE SOUTHERN END OF RUPPLE ROAD FROM R -A, RESIDENTIAL -AGRICULTURE; RSF-1, RESIDENTIAL SINGLE FAMILY ONE UNIT PER ACRE; RSF-4, RESIDENTIAL SINGLE FAMILY FOUR UNITS PER ACRE; and RSF-8, RESIDENTIAL SINGLE FAMILY EIGHT UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION; CS, COMMUNITY SERVICES, UT, URBAN THOROUGHFARE; and R -A, RESIDENTIAL AGRICULTURAL. 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 following described property from R -A, Residential -Agriculture; RSF-1, Residential Single Family One Unit Per Acre; RSF-4, Residential Single Family Four Units Per Acre; and RSF-8, Residential Single Family Eight Units Per Acre to NC, Neighborhood Conservation; CS, Community Services; UT, Urban Thoroughfare; and R -A, Residential Agriculture, as shown on Exhibit "A" attached hereto and made a part hereof 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 this 2nd day of June, 2015. LV2ff4y1"1 ATTEST: By: SONDRA F. SMITH, City Clerk l'rea, µWfftiro T q 1p %y �'KAN of AIX- (('TON o` IIAV RZN 15-49651 SOUTH RUPPLE ROAD REZONING Proposed Zoning a FIO SPUN DR FLAGST:CK OR n $ $ a o e g 77yy RAIL DUST SFWN j a 0 ° OAPSI"ONE DR WEDGE DR F ° ' Y� 0 w? bIFwOR �- �,�pSK •' 1�-� . MOV � �. `•., _ 31 CS jDROv10EN - OGY WA OY' c ' -A r ' NC R -A .........,..........-. ........... ...*.,�. NC' C '• '- NC --------- ' ♦ IY ■ 1 1 ♦• 1, ■ j ♦ ■ f '•.� I.R-A as '♦ 74QQISGYr.AgM. w . I � I ■ 1 ■ 1 , ■ ■ CO'LFAX 1 vOOP ' � rn z 1 PECAA, a ULAC DR 50R�•'. rcU'y< 0 W W O rn �+cC r��.6 Ty -1 I _ ■ � WILSON ST 0 SER-■ �1� R06 ST =O ; T ;: V SAXONY ST 1 ° 1 ■ 4 N 2 a w m �lP pV E v Watt 91 2 n i Rk- ASo- Overview Proposed Rezoning: CS, Community Services 107.3 ACRES Legend NC, Neighborhood Conservation 442.1 ACRES ......... Multi -Use Trail (Existing) R -A, Residential Agricultural 77.3 ACRES Future Trails UT, Urban Thoroughfare 15.3 ACRES RZN15-4965 TOTAL 642 ACRES Fayetteville City Limits Y 0 800 1,200 2,400 3,600 4,800 ---- Planning Area Feet Washington County, AR I certify this instrument was filed on 06/15/2015 02:29:38 PM and recorded in Real Estate File Number 2015- 6 Kyle Sylvester - Ci M�� by E City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2015-0228 Agenda Date: 5/19/2015 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 3 RZN 15-4965 (SOUTH END OF RUPPLE RD./RUPPLE ROAD EXTENSION CORRIDOR) AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-4965, FOR APPROXIMATELY 642 ACRES, LOCATED AT THE SOUTHERN END OF RUPPLE ROAD FROM R -A, RESIDENTIAL -AGRICULTURE; RSF-I, RESIDENTIAL SINGLE FAMILY ONE UNIT PER ACRE; RSF-4, RESIDENTIAL SINGLE FAMILY FOUR UNITS PER ACRE; and RSF-8, RESIDENTIAL SINGLE FAMILY EIGHT UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION; CS, COMMUNITY SERVICES, UT, URBAN THOROUGHFARE; and R -A, RESIDENTIAL AGRICULTURAL 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 following described property from R -A, Residential -Agriculture; RSF-1, Residential Single Family One Unit Per Acre; RSF-4, Residential Single Family Four Units Per Acre; and RSF-8, Residential Single Family Eight Units Per Acre to NC, Neighborhood Conservation; CS, Community Services; UT, Urban Thoroughfare; and R -A, Residential Agriculture, as shown on Exhibit "A" attached hereto and made a part hereof. 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. Cltyo/Fayetteville, Arkansas Page 1 Printed on 511412015 RZN15-49651 SOUTH RUPPLE ROAD REZONING Proposed Zoning 0 ESPUN DR HOMFLAGS , it W '(ICK DR m < o W�❑ C O W O O FRAIL DUST ST fi W >N > > O ..OAPSTONE DR WEDGE DRjj ,+.,`r�� ■ ` 5111 'T�•MOJNtP\N �iFwOf?•�a\\\ PROV10 -__.aS� 41! ist i 1 It It S r �'itl lrt I. ON .....Ir Ir cs �• ''r � 111 �; ,ice_ i -`T I F PEC gN ! M LILAC DR.. rF �L�i i > a ? r NTGU,ii �r 2 W w I rl f,y ... 204 IJ it �p�p� r(�cQ■ m w Q m A "�"'""�..'TT�•M.. m 3.... 1 E _ ■ WILSON STY U SERN5g - ROB ST V SAXONY ST v I Q Q W W a w �\P pJE p PVN 55 t QCo u i Overview Proposed Rezoning: I ICS, Community Services 107.3 ACRES Legend DNC, Neighborhood Conservation 442.1 ACRES Mum -use Trail (Existing)O R -A, Residential Agricultural 77.3 ACRES Future Trails O UT, Urban Thoroughfare 15.3 ACRES O RZN15-4965 TOTAL 642 ACRES Fayetteville City Limits 0 600 7,200 2,400 3,600 4,600 ---- Planning Area Feet City of Fayetteville Staff Review Form 2015-0228 Legistar File ID 5/19/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item City Planning/ Jeremy Pate 5/1/2015 Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: RZN 15-4965: Rezone (SOUTH END OF RUPPLE RD./RUPPLE ROAD EXTENSION CORRIDOR, 478): Submitted by PLANNING STAFF for property located at the SOUTH END OF RUPPLE RD. The property contains approximately 642 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION; CS, COMMUNITY SERVICES; UT, URBAN THOROUGHFARE; and R -A, RESIDENTIAL AGRICULTURAL. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Fund Project Title V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF Sayeevile ARKANSAS MEETING OF MAY 19, 2015 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO FROM: Andrew Garner, City Planning Director DATE: May 1, 2015 SUBJECT: RZN 15.4965: Rezone (SOUTH END OF RUPPLE RDJRUPPLE ROAD EXTENSION CORRIDOR, 478): Submitted by PLANNING STAFF for property located at the SOUTH END OF RUPPLE RD. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL; RSF-8, RESIDENTIAL SINGLE FAMILY EIGHT UNITS PER ACRE; RSF-4, RESIDENTIAL SINGLE FAMILY FOUR UNITS PER ACRE; RSF-1, RESIDENTIAL SINGLE FAMILY ONE UNIT PER ACRE and contains approximately 642 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION; CS, COMMUNITY SERVICES; UT, URBAN THOROUGHFARE; and R -A, RESIDENTIAL AGRICULTURAL. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the property to NC, Neighborhood Conservation; CS, Community Services; UT, Urban Thoroughfare; and R -A, Residential -Agriculture with special consideration given to the environmentally sensitive wet prairie habitat as discussed herein. BACKGROUND: The City will soon begin construction on a major new street connection by extending Rupple Road approximately 1.5 miles south from the existing dead end of Rupple Road adjacent to Owl Creek Elementary to Martin Luther King Junior Boulevard. This road project will also be accompanied by a trail connection along the new corridor. The new road will be built as a Principal Arterial with four lanes and a boulevard. Round -a -bouts will be installed approximately every half mile at the planned east -west Collector Street intersections. Construction is scheduled to begin in 2015 and be completed by the end of 2016. The extension of Rupple Road has been included on the Master Street Plan for at least 15 years dating back to the Master Street Plan adopted in 2000. Rupple Road has long been planned as the major north -south transportation corridor in the city west of 1-49. The completion of this major new infrastructure project will change traffic patterns and open up several hundred acres of farmland for development that currently has no or limited access. Staff has been in consultation with several developers and property owners in the vicinity that are anticipating building new development in this area after the completion of the city's project. With multiple developers discussing potential rezonings and development of various pieces along this corridor, staff is bringing forward a comprehensive zoning proposal for the entire area to better enable staff, Planning Commission, and City Council to think through the rezoning of this property as a whole, Mailing Address: 113 W. Mountain Street www.fayetteville-argov Fayetteville, AR 72701 rather than piecemeal applications from individual property owners. In addition, after the City Council approved the cross-section of Rupple Road to be designed, several council members requested that the mayor ask staff to prepare a zoning proposal for this new corridor, prior to its completion. Property Description: This is a large undeveloped area of approximately 642 acres within the City limits in between Wedington Drive and Martin Luther King Junior commercial corridors to the north and south, the Westside Wastewater Treatment Plant to the west, and the Mountain Ranch/I-49 corridor to the east. The existing zoning of the proposed rezoning area is indicated in Table I and the surrounding land use and zoning is depicted in Table 2. Table 1 Existing Zoning Acres (approximate) RSF-1, Residential Single Family One Unit per Acre 372 R -A, Residential Agricultural 230 RSF-8, Residential Single Family Eight Units per Acre _ RSF-4, Residential Single Family One Unit per Acre 27 13 TOTAL 642 Table 2 Direction Land Use Zoning from Site North Cedar Crest Academy; Katherine's Place (assisted RSF-4; R -A; P-1 living); single family residential; Owl Creek School South Ozark Mountain Smokehouse; undeveloped; RSF-4; R -A Commercial and office East Undeveloped; rural residential; RSF-4; R -A; RSF-1; RMF-24; C-1 Magnolia Crossing Subdivision West Mixed commercial; Walnut Crossing and The Coves R-0; R -A; R-PZD; R -A Subdivisions; Westside Wastewater Treatment Plant Request: The City Planning Division requests to rezone the south Rupple Road Corridor to the following zoning districts listed in Table 3, depicted in the attached rezoning exhibit, and generally described as follows: Table 3 Proposed Zoning Acres (approximate) NC, Neighborhood Conservation 442.1 CS, Community Services 107.3 R -A, Residential Agricultural 77.3 UT, Urban Thoroughfare 15.3 TOTAL 642 Staff recommends that form-based/mixed use zoning be concentrated around the Rupple Road corridor and Collector Street intersections, and that the periphery of the study area adjacent to existing single family dwellings be rezoned for single family dwellings to provide adequate transition and compatibility amongst existing uses. DISCUSSION: April 13, 2015 Planning Commission: This request was discussed at the April 13, 2015 Planning Commission meeting. At that meeting seven members of the public spoke with their comments generally summarized as follows: • Three people spoke primarily about the unique wet prairie habitat of the area. • One person spoke about concerns with the Urban Thoroughfare zoning adjacent to the Magnolia Crossing neighborhood. • One person spoke about the development potential of the area. • One of the land owners in the rezoning area discussed that they have plowed and leveled these fields for farming for the past 50 years. • An adjoining neighbor discussed vehicular access into the Walnut Crossing neighborhood, support for the new Rupple Road, and preservation of the western half of the rezoning area. Prior to the April 27th Planning Commission meeting, staff met with several members of the public to discuss their concerns related to the natural resources on the subject property. As a result of that meeting, an exhibit was provided by the public to the Planning Commission generally indicating an area of this property they felt had the highest quality habitat. This exhibit is attached to the staff report. In addition, the rezoning proposal was modified in the southern portion of the property to provide additional buffer of NC, Neighborhood Conservation zoning between the Walnut Crossing and Magnolia Crossing neighborhoods and the proposed UT, Urban Thoroughfare zoning. April 27, 2015 Planning Commission: On April 27, 2015 the Planning Commission forwarded this item to the City Council with a recommendation for approval by a vote of 7-0-0, making a recommendation for the council to give special consideration to the environmentally sensitive areas discussed at the two Planning Commission meetings. In addition, the commission recommended that the council consider the possibility of a Future Land Use Plan Amendment to recognize sensitive habitat areas and/or a policy decision to accept parkland dedication instead of money for preservation of the sensitive wet prairie habitat as this property develops. One commissioner recommended that the council consider adopting an ordinance for conservation subdivision development patterns in this area. Two members of the public spoke at the April 27th meeting. One person discussed the exhibit of habitat areas and spoke in favor of the option to accept parkland for the wet prairie habitat, and the other person asked about the proximity of the UT zoning to the Magnolia Crossing neighborhood. BUDGET/STAFF IMPACT: N/A Attachments: CC Ordinance Exhibit A Planning Commission Staff Report CITY OF 'Rettville PLANNING COMMISSION MEMO Y ARKANSAS TO: Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director MEETING DATE: April 27, 2015 Updated with Planning Commission results SUBJECT: RZN 15-4965: Rezone (SOUTH END OF RUPPLE RD./RUPPLE ROAD EXTENSION CORRIDOR, 478): Submitted by PLANNING STAFF for property located at the SOUTH END OF RUPPLE RD. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL; RSF-8, RESIDENTIAL SINGLE FAMILY EIGHT UNITS PER ACRE; RSF-4, RESIDENTIAL SINGLE FAMILY FOUR UNITS PER ACRE; RSF-1, RESIDENTIAL SINGLE FAMILY ONE UNIT PER ACRE and contains approximately 642 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION, CS, COMMUNITY SERVICES, UT, URBAN THOROUGHFARE, and R -A, RESIDENTIAL AGRICULTURAL. RECOMMENDATION: Staff recommends forwarding RZN 15-4965 to the City Council. BACKGROUND: • Three people spoke primarily about the unique environmental habitat of the area. • One person spoke about concerns with the Urban Thoroughfare zoning adjacent to the Magnolia Crossing neighborhood. • One person spoke about the development potential of the area. area. Background: The City will soon begin construction on a major new street connection by extending Rupple Road approximately 1.5 miles south from the existing dead end of Rupple Road adjacent Mailing Address: Planning Commission 113 W. Mountain Street wuvAgn da tae-ar.gov Fayetteville, AR 72.701 AgendaItem 6 15-4965 Rupple Rd. Ext. Zoning Page 1 of 29 to Owl Creek Elementary to Martin Luther King Junior Boulevard, This road project will also be accompanied by a trail connection along the new corridor. The new road will be built as a Principal Arterial with four lanes and a boulevard. Round -a -bouts will be installed approximately every half mile at the planned east -west Collector Street intersections. Construction is scheduled to begin in 2015 and be completed by the end of 2016. The extension of Rupple Road has been included on the Master Street Plan for at least 15 years dating back to the Master Street Plan adopted in 2000. Rupple Road has long been planned as the major north -south transportation corridor in the city west of 1.49. The completion of this major new infrastructure project will change traffic patterns and open up several hundred acres of farmland for development that currently has no or limited access. Staff has been in consultation with several developers and property owners in the vicinity that are anticipating building new development in this area after the completion of the city's project. With multiple developers discussing potential rezonings and development of various pieces along this corridor, staff is bringing forward a comprehensive zoning proposal for the entire area to better enable staff, Planning Commission, and City Council to think through the rezoning of this property as a whole, rather than piecemeal applications from individual property owners. In addition, after the City Council approved the cross-section of Rupple Road to be designed, several council members requested that the mayor ask staff to prepare a zoning proposal for this new corridor, prior to its completion. Property Description: This is a large undeveloped area of approximately 642 acres within the City limits in between Wedington Drive and Martin Luther King Junior commercial corridors to the north and south, the Westside Wastewater Treatment Plant to the west, and the Mountain Ranch/l-49 corridor to the east. The existing zoning of the proposed rezoning area is indicated in Table f and the surrounding land use and zoning is depicted in Table 2. Table 1 Existing Zoning Acres (approximate) R -A, Residential Agricultural: 230 RSF-8, Residential Single Family Eight Units per Acre: 27 RSF-4, Residential Single Family Four Units per Acre: 13 372 RSF-1, Residential Single Family One Unit per Acre: TOTAL 642 Table 2 Direction Land Use from Site North Cedar Crest Academy; Katherine's Place (assisted living); single family residential; Owl Creek School South Ozark Mountain Smokehouse; undeveloped; Commercial and office East Undeveloped; rural residential; lu Subdivision Zoning RSF-4; R -A; P-1 RSF-4; R -A RSF-4; R -A; RSF-1; RMF-24; C-1 West Mixed commercial; Walnut Crossing and The Coves R -O; R -A; R-PZD; R -A Subdivisions; Westside Wastewater Treatment Plant Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-4965 RZN South Rupple Rd- April 27, 2015 (Rupple Rd Extension Rezone)\03 Planning Commission\04-27-2015\Comments and Reclines Agenda Item 6 15-4965 Rupple Rd. Ext. Zoning Page 2 of 29 DISCUSSION: Request The City Planning Division requests to rezone the south Rupple Road Corridor to the following zoning district listed in Table 3, depicted in the attached rezoning exhibit, and generally described as follows: Table 3 Proposed Zoning R -A, Residential Agricultural Acres (approximate) 77.3 NC, Neighborhood Conservation 442.1 CS, Community Services _ UT, Urban Thoroughfare 107.3 15.3 TOTAL 642 Staff recommends that mixed use zoning be concentrated around the Rupple Road corridor and Collector Street intersections, and that the periphery of the study area adjacent to existing single family dwellings be rezoned for single family dwellings to provide adequate transition and compatibility amongst existing uses. Specifically, the immediate corridor along Rupple Road is proposed with mixed use form -based zoning districts (CS and UT) that would allow a wide range of housing options and neighborhood - serving retail and services. This includes a variety of single family attached and detached units, multi -family dwellings, and non-residential goods and services. Outside the corridor would be zoned NC, Neighborhood Conservation. NC allows a maximum of 10 single family dwelling units per acre. The procession of zoning districts that allow and encourage a range of neighborhood services in close proximity enables residents the opportunity to walk/bike from surrounding areas. Targeted with this proposal is a maximum %-mile, or a 10 minute walk, which is ideal. Due to the environmental sensitivity of the riparian and wet prairie in the study area, staff recommends that all of the land identified as Natural Area on the Future Land Use Plan be zoned R -A, Residential Agricultural. With a closer look at the extent of these areas in the future, the zoning could be changed in very specific areas, for low impact development patterns, if necessary. Existing Non -conforming situations: All land uses present at the time of rezoning will be protected under UDC Section 164.12 Non -conforming Structures, Uses, and Lots. Existing agricultural and animal husbandry operations may continue subject to the rules of section 164.12. Other than areas currently zoned R -A where agricultural uses are permitted by right, the proposed zoning would expand and increase the residential intensity and density over and above those currently allowed within the existing zonings. Notification and Public Comment: Planning staff sent letters via certified mail to each subject property owner, describing the rezoning process for the their property and noting the public hearing date, time, and location. Staff has spoken with several of the property owners that are proposed to be rezoned with no objections to the proposal. Planning staff has spoken with some surrounding property owners in the rezoning area with no objections to the proposal. Planning Commission G:\ETC\Development Services Reviewt2015\Development Review\15-4965 RZN South Rupple Rd. April 27, 2015 (Rupple Rd Extension Rezone)\03 Planning Commission\04-27-2015\Comments and Redlines Agenda Item 6 15-4965 Rupple Rd. Ext. Zoning Page 3 of 29 INFRASTRUCTURE: Streets: The subject property will have access to the newly constructed Rupple Road (Principal Arterial) extension upon project completion through the center of the study area. The area is also accessed by Broyles Avenue (Minor Arterial) to the west, Martin Luther King Boulevard (Principal Arterial) to the south, Dinsmore Trail (Collector) to the east, and several other street stub -outs from surrounding neighborhoods. Water: Public water is not available to this area. Future development along the Rupple Road corridor will require a 12 -inch water main extension from Martin Luther King Boulevard to the south or Rupple Road to the north. These improvements would be required to be completed by a developer. Sewer: Sanitary sewer is not available to the site. Future development along the Rupple Road corridor will require sewer main extensions from an offsite location. These improvements would be required to be completed by a developer. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. This property contains areas of designated 100 -year floodplain. The property contains protected streams per the Streamside Protection map. Portions of the subject property are located within the Hillside/Hilltop Overlay District. Fire: This development will be protected by Engine 7 located at 835 Rupple Road. It is 0.50 miles from the station to the study area with an anticipated response time of 2 minutes to the beginning of the study area. The Fire Department does not feel this rezoning will affect calls for service or response times. Police: The Police Department discussed that they could see a substantial increase in the demand for police services in the area of the Rupple Road corridor with the proposed construction of a four lane boulevard with three roundabouts. An appreciable increase in calls for service, as well as increase traffic and traffic accidents related to growth may be expected. PLANNING COMMISSION ACTION: Required Date: April 13. 2015 X Tabled O Forwarded O Denied Motion: Chesser Second: Autry Vote: 9-0-0 April 27. 2015 ❑ Tabled ® Forwarded O Denied n: Chesser Motion to forward with a recommendation for approval paying sueciat Id: Selby attention gff environmentally sensitive areas discussed atlhetwo Planning Commission meetings. In addition, a recommendation Lt 7-0-0 the council consider the possibility of Future Land Use Plan amendment and/or accenting park/and for these sensitive upland prairie areas discussed and presented to the commission kit/e uP blic. CITY COUNCIL ACTION: Required Date: Approved ❑ Denied Planning Commission G:\ETC1Developmont Services Review\2015\Development Review\15-4965 RZN South Rupple Rd April 27, 2015 (Rupple Rd Extension Rezone)\03 Planning Commission\04-27-2015\Comments and Redlines Agenda Item 6 15-4965 Rupple Rd. Ext. Zoning Page 4 of 29 CITY PLAN 2030 FUTURE LAND USE PLAN: The City Plan 2030 Future Land Use Plan map (FLUM) identifies this area primarily as a Residential Neighborhood Area, with Natural Area designations along isolated floodplains and riparian corridors and City Neighborhood Area at the intersection of Martin Luther King Boulevard. Almost the entire vicinity is on the Enduring Green Network map because it is largely undeveloped and contains high environmental quality including remnant prairie habitat. This area has been indicated on the FLUM to be developed at moderate to medium density for a number of years. Staff's proposal is to rezone the area to allow an overall residential density of approximately eight dwelling units per acre. This threshold is generally the critical mass needed to support transit and other non-residential services in the immediate neighborhood. The intent is for the build -out to provide the opportunity for a self-sustaining neighborhood where residents can live, work, play and shop for a majority of their daily needs without having to drive long distances. The study area is identified as having a high level of natural resources by the Fayetteville Natural Heritage Association (FNHA), a local non-profit group. Habitat in the study area is classified by the FNHA as prairie remnant and seasonal wetlands'. As a result of the FNHA work and other City staff research, this study area was included on the Enduring Green Network (EGN) map. The EGN map resulted in designation of portions of this area as Natural Area on the FLUM. Staff's rezoning proposal directly responds to the EGN designation as described throughout this proposal. In staffs assessment, it appears that much of upland prairie habitat has been removed or disturbed to accommodate farming and grazing. Remnant prairie in the study area appears to be located particularly along the riparian corridors that have less disturbance. The Woolsey Wet Prairie Sanctuary is a 30 -acre wetland mitigation site located on the City's wastewater treatment plant to the west of the study area. Due to the environmental sensitivity of the study area, staff recommends that all of the land identified as Natural Area be zoned R -A, Residential Agricultural. This zoning should result in conservation along these riparian corridors in exchange for higher density in other areas. - Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single family, multifamily and rowhouses. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhood, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features in the natural environment. Natural Areas consist of lands approximating or reverting to a wilderness condition, including those with limited development potential due to topography, hydrology, vegetation or value as an environmental resource. These resources can include stream and wildlife corridors, as well as natural hubs and cores, as identified in the FNHA study, many of which make up the backbone of the enduring green network. A Natural Area designation would encourage a development pattern that requires conservation and preservation, prevents degradation of these areas, and would utilize the principles of low impact development for all construction, ' Fayetteville Natural Heritage Association Environmental Working Group Map 2008-2009 Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-4965 RZN South Rupple Rd. Ap0127, 2015 (Rupple Rd Extension Rezone)\03 Planning Commission\04-27-2015\Comments and Redlines Agenda Item 6 15-4965 Rupple Rd. Ext. Zoning Page 5 of 29 City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single family to multifamily. Non-residential uses range in size, variety and intensity from grocery stores and offices to churches, and are typically located at corners and along connecting corridors. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. 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; The proposed zoning is compatible with the surrounding mix of primarily residential properties. While the zoning would allow a higher density and intensity than much of the surrounding low density residential use, the perimeter of the study area adjacent is proposed with zoning that only allows single family dwellings by right. This area has been indicated on the FLUM to be developed at moderate to medium density for a number of years. Staff's proposal is to rezone the area to allow an overall residential density of approximately eight dwelling units per acre. This threshold is generally the critical mass needed to support transit and other non-residential services in the immediate neighborhood, consistent with City policy. The intent is for the build -out to provide opportunities for a self-sustaining neighborhood where residents can live, work, play and shop for a majority of their daily needs without having to drive long distances. The immediate corridor along Rupple Road is proposed with a mixed use form -based zoning district that would allow a wide range of housing options and neighborhood -serving retail and services. This includes a variety of single family attached and detached units, multi -family dwellings, and non-residential goods and services. This would provide appropriate transition from the Owl Creek School and other institutional/community uses to the north and regional commercial to the south. Outside the corridor would be zoned NC, Neighborhood Conservation. NC allows a maximum of 10 single family dwelling units per acre consistent with the Residential Neighborhood designation. The proposed zoning is consistent with planning objectives, principles, and policies put forward in the City Plan 2030, the FLUM, and Master Street Plan. The extension of Rupple Road has been included on the Master Street Plan for at least 15 years dating back to the Master Street Plan adopted in 2000. Rupple Road has long been planned as the major north -south transportation corridor in the city west of 1-49. The completion of this major new infrastructure project will change traffic patterns and open up several hundred acres of farmland for development. The proposed zoning is consistent with future growth anticipated by City Council for many years. This rezoning may have the appearance of extending urban sprawl into undeveloped areas. However, because of surrounding development and Planning Commission G:ETC\Development Services Review\2015\Development Review\15-4965 RZN South Rupple Rd April 27, 2015 (Rupple Rd Extension Rezone)\03 Planning Commission\04-27-2015\Comments and Redlines Agenda Item 6 15-4965 Rupple Rd. Ext Zoning Page 6 of 29 need to accommodate long term planned growth, the rezoning is compatible with surrounding areas, been anticipated for a number of years, and is consistent with the primary goals of City Plan 2030. These goals include encouraging planned and orderly growth that is transit oriented, development patterns in traditional form creating great streets and allowing a diversity of uses and dwelling types for complete neighborhoods. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed zoning is justified and needed to accommodate planned and orderly growth areas in the city. The City will be commencing construction of the Rupple Road project in the next few months. The rezoning is needed at this time because of the impending development pressure that will result from this project. A comprehensive proposal and review of the zoning of this entire area at one time is appropriate given the timing of this major infrastructure project. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning of this size will allow a large volume of development that will increase traffic on surrounding roads. However, as discussed earlier in this report, the City's planned road project will be completed in the near future facilitating this planned growth. As individual developments are reviewed, on and off -site street improvements will be reviewed and recommended. One such recommendation for this area may include an assessment for developments to contribute money to the Persimmon Street overpass. This is a planned east -west connection over 1-49 which will alleviate congestion at l-49/Wedington Road interchange. 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 rezoning will substantially increase population density over the current low density zoning that allows approximately 2 units per acre, or about 1,100 residents on the 642 acres. The proposed zoning is intended to result in a net density of approximately eight units per acre yielding approximately 3,210 residents on the 642 acres. The zoning would also allow non-residential services immediately along Rupple Road and the collector street intersections. Development patterns allowed with the proposed zoning would create a significant increase and demand for public services over the existing zoning. However, this increase has been anticipated and is being spurred by the City's development of the Rupple Road project. 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 G:\ETC\Development Services Review12015\Development Review\154965 RZN South Rupple Rd. April 27, 2015 (Rupple Rd Extension Rezone)\03 Planning Commission\04-27-2015\Comments and Redlines Agenda Item 6 15-4965 Rupple Rd. Ext. Zoning Page 7 of 29 a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; 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 BUDGETISTAFF IMPACT: None ATTACHMENTS: • Existing and proposed zoning criteria • Police Department comments • Fire Department comments • Staff's request letter • April 13, 2015 Planning Commission handout from the public • Rezoning exhibit/aerial photo • Current land use map • Close up map • Future land use map • One mile map Planning Commission GAETC\Development Services Review 20151Development Review115-4965 RZN South Rupple Rd. April 27, 2015 (Rupple Rd Extension Rezone)\03 Planning Commission104-27-20151Comments end Redlines Agenda Item 6 15-4965 Rupple Rd. Ext. Zoning Page 8 of 29 161.03 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 1 City-wide uses by right Units Public protection and utility Facilities Unit Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boardins and training (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre I One-hal( (D) Bulk and area regulations Lot width minimum 200 ft. Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres E) Setback requirements Front Side Rear 35 k. 20 ff 35 ff. (F) Height requirements There shall be no maximum height limits in the A-1 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 (Code 1965, App A , Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8- 31-99; Ord. 5028, 6-19-07; Ord. 5128, 4-15-08; Ord 5195, 11-6-08; Ord 5238, 5-5-09; Ord 5479, 2-7-12) Planning Commission G:ETC\Development Services Review\2015\Development Review\15-4965 RZN South Rupple Rd April 27, 2015 (Rupple Rd Extension Rezone)\03 Planning Commission\04-27-2015\Comments and Redlines Agenda Item 6 15-4965 Rupple Rd. Ext. Zoning Page 9 of 29 161.05 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. (C) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (D) Conditional uses. City-wide uses by conditional use permit Public protection and utility facilities Cultural and recreational facilities P Government facilities Home occupations Wireless communications facilities Cottage Housing Development (E) Density. Units oar acre I 1 (F) Bulk and area regulations. Lot width minimum 150 R. Lot area minimum 35,720 5 . Fl. Land area per dwelling unit 35,720 Sq. Ft. (G) Setback requirements. Front Side 1 Rear 35 ft. 20 ft. 35 ft. (H) Building height regulations. Buildin Height Maximum I 45 ft. Height regulations Structures in this District are limited to a building height of 45 feet, Existing structures that exceed 45 feet in height shall be grandfathered In, and not considered nonconforming uses, (ord. # 4858). (I) Building area. None. (Code 1965, §160.44; Ord No. 3792, §4, 5-17-94; Ord No. 4100, §2 (Ex. A), 6-16-98; Ord. 4858, 4-18-06; Ord. 5028, 6-19-07; Ord 5128, 4-15-08; Ord. 5224, 3-3-09; Ord. 5462, 12-6-11) Planning Commission G:\ETC\Development Services Review\2015\Development Review 15-4965 RZN South Rupple Rd April 27, 2015 (Rupple Rd Extension Rezone)\03 Planning Commission\04.27-2015\Comments and Redlines Agenda Item 6 15-4965 Rupple Rd. Ext. Zoning Page 10 of 29 161.07 District RSF-4, Residential Single -Family— Four 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) Permifled uses. Unit 1 City-wide uses by right Unite Sinle-farnily dwellings Unit 41 Accessory dwellings (2) COndlllona) uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility fpcI ties Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit44 Cottage Housing Development (C) Density. Single-family Two-family dwellings dwellings Units Per acre 4 or less 7 or less (D) Bulk and area regulations Single-family Two-family dwellings dwellings Lot minimum width 70 ft. 80 ft Lot area minimum 8,000 sq. ft. 12,000 sq.-ft. Land area per 8,000 sq. ft, 6,000 sq ft dwelling unit Hillside Overlay 60 ft. 70 ft. District Lot minimum width Hillside Overlay 8,000 sq. ft. 12000 sq.-ft District Lot area minimum Land area per 8,000 sq. ft. 6,000 sq ft. dwellin unit (E) Setback requirements Front Side Rear 15 ft. 5f1. 15ft. (F) Building height regulations. Building Flei hl Maximum 45 ft Height regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that exceed 45 feet in height shall be grandfathered In, and not considered nonconforming uses, (ord. # 4858) (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, §160.031; Ord. No 4100, §2 (Ex A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4858, 4-18-06; Ord. 5028, 6-19-07; Ord. 5128, 4-15-08; Ord. 5224, 3-3-09; Ord. 5312, 4-20-10; Ord, 5462, 12-6-11) Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-4965 RZN South Rupple Rd April27, 2015 (Rupple Rd Extension Rezone)\03 Planning Commission\04-27-2015\Comments and Redlines Agenda Item 6 15-4965 Rupple Rd. Ext. Zoning Page 11 of 29 161.09 District RSF-8, Residential Single -Family —8 Units Per Acre (A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single family residential areas with similar lot size, density, and land use as the historical neighborhoods In the downtown area. (B) Uses. (1) Permitted uses. Unit I City-wide uses by right Unit 6 SIngle-family dwellings Unit 41 Accessory dwellings (2) Condlllonal uses Unit2 Cy -wide uses bconditions; use_permit Unit 3 Public protection and utility facifilles Una 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development C Density By Right Single-family dwelling units eracre 8 or less (D) Bulk and area regulations. (1) Lot width minimum ft. Two-family 50 ft. FSingle-family50 Townhouse, no more than two attached 25 ft. 2 Lot area minimum. 51n le -lamp 5.000 sq. It Two-family 5.000 sq. ft. 3) Land area per dwelling unit Single-family 5.000 sq. ft. Two-family 5,000 sq ft. Townhouse, no more than 2,500 sq. ft. two attached (E) Setback requirements JL Front Side Rear 15 ft. 5ft. 5ft. (F) Height regulations Building Height Maximum I 45 ft. (G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total lot area. (Ord. 4783, 10-18-05; Ord. 5028, 6-19-07; Ord. 5128, 4-15-08; Ord. 5224, 3-3-09; Ord. 5312, 4-20-10; Ord, 5462, 12-6-11) Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-4965 RZN South Rupple Rd. April 27, 2015 (Rupple Rd Extension Rezone)\03 Planning Commission\04-27-2015\Comments and Redlines Agenda Item 6 15-4965 Rupple Rd. Ext. Zoning Page 12 of 29 161.19 Community Services (A) Purpose. The Community Services district is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There Is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. 1 Permlftetl uses. Unfit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellln s Unit 10 Three-family dwellings Unit 13 Eating pEatIng jlaces Unit 15 Neighborhood Shopping oods Unit 18 Gasoline service stations and drive- in/drive throw h restaurants Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 44 Cottage housing Development Unit 45 Smolt scale production Note: Any combination of above uses is permitted upon any 1 with pre -approved uses. 121 Conditional uses Unit 2 City-wide usos by conditional usepermit Unit 3 Public protection and until facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation, trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities' Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None (D) Bulk and area regulations. 4 Lot width minimum, Dwatling 18 ft. All others None (2) Lot area minimum. None of within this zone Conditional uses shall need approval when combined t) Setback re9urarlens Front A build -to zone that is located between 10 feet and a line 25 feet from the front property line. Side and rear: None Side or rear, when contiguous to a 15 feet single-family residential district (F) Bufkldng Hai hl Rag orations, Building Height Maximum j 56 ft. (G) Minimum buildable street frontage. 50% of the lot width (Ord 5312, 4-20-10; Ord. 5339,8-3-10; Ord. 5462, 12-6-11; Ord. 5592, 6-18-13; Ord. 5664, 2-18-14, Ord. 5735, 1-20-15) Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-4965 RZN South Rupple Rd April27, 2015 (Rupple Rd Extension Rezone)\03 Planning Commission\04-27-2015\Comments and Redlines Agenda Item 6 15-4965 Rupple Rd. Ext. Zoning Page 13 of 29 161.21 Urban Thoroughfare (A) Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the surrounding communities. This district encourages a concentration of commercial and mixed use development that enhances function and appearance along major thoroughfares. Automobile -oriented development Is prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96: Noise Control, the Urban Thoroughfare district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses (1) Permitted uses Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities UnitS Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating laces Unit 14 Hotel, motel and amusement services Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor store Unit 41 Accessory Dwellings Unit 44 Cottage Housing Development Unit 45 Small scale production Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 28 Center for epllecen rec dlable materials Unit 29 Dance halls Unit 33 Adult live entertainment Club or bar Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 38 Mini -storage units Unit 40 Sidewalk cafes Unit 42 Clean technologies Unit 43 Animal boarding and Iraining (C) Density. None (D) Bulk and area regulations. (1) Lotwidth minimum Single-family dwelling 18 feet All other dwellings None Non-residential None (2) Lot area minimum. None (E) Setback regulations. Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-4965 RZN South Rupple Rd. April 27, 2015 (Rupple Rd Extension Rezone)\03 Planning Commission\04-27-2015\Comments and Redlines Agenda Item 6 15-4965 Rupple Rd. Ext. Zoning Page 14 of 29 Front A build -to zone that is located between 10 feet and a line 25 feet from the front property line. Side and rear: None Side or rear, when contiguous to a 15 feet sin le-faiy residential district: (F) Building height regulations. Building Height Maximum I 56/84 ft.' *A building or a portion of a building that is located between 10 and 15 ft. from the front property line or any master street plan right-cf-way line shall have a maximum height of 56 feet. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of 84 feet. Any building that exceeds the height of 20 feet shall be set back from any boundary line of a single-family residential district, an additional distance of one foot for each foot of height in excess of 20 feet. (G) Minimum buildable street frontage. 50% of the lot width. (Ord. 5312, 4-20-10; Ord. 5339, 8.3-f0; Ord. 5353, 9-7-10; Ord. 5462, 12-6-11: Ord. 5592, 6-18-13; Ord. 5664, 2-18-14; Ord. 5735, 1-20-15) Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-4965 RZN South Rupple Rd. April 27, 2015 (Rupple Rd Extension Rezone)\03 Planning Commission\04-27-2015\Comments and Redlines Agenda Item 6 15-4965 Rupple Rd. Ext. Zoning Page 15 of 29 161.26 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones, Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted uses. Unit I City-wide uses by right Units Single-family dwellin s Unit41 Accessory dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit4 Cultural and recreational facilities Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Limited Business Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cotta a Housing Development (C) Density. 10 Units Per Acre. (D) Bulk and area regulations (1) Lot width minimum. Sin le Famil E 40 ft. Two Famil 80 ft. - Three Family 90 R. (2) Lot area minimum, 4,000 Sq. Ft. (E) Setback regulations Front A build -to zone that is located between the front property line and a line 25 ft. from the front property line Side 5 ft. Rear 5 ft Rear, from center line of 12 ft. an alle (F) Building height regulations. Building Height Maximum I 45 ft. (Ord. 5128, 4-15-08; Ord 5312, 4-20-10; Ord. 5462, 12-6-11; Ord 5592, 6-18-13; Ord. 5664, 2-18-14) Planning Commission G:\ETC\Development Services Review\2015\Development RevievAl5-4965 RZN South Rupple Rd April 27, 2015 (Rupple Rd Extension Rezone)\03 Planning Commission\04-27-2015\Comments and Redlines Agenda Item 6 15-4965 Rupple Rd. Ext. Zoning Page 16 of 29 CITY OF aye ev! le ARKANSAS MEMORANDUM To: Andrew Gamer From: Captain Jamie Fields Date: April 9, 2015 `) Subject: RZN 15-4965 This document is in response to your request for comments on the proposed RZN 15-4965, the Rupple Road South Rezoning Study Area, The Fayetteville Police Department could see a substantial increase in the demand for police services in the area of the Rupple Road corridor with the proposed construction of a four lane boulevard with three roundabouts. It is reasonable to believe the police department will encounter an appreciable increase in calls for service, as well as increased traffic and traffic accidents related to the growth. Please contact me if you have any questions, or if you need additional information. FAYETTEVILLE POLICE DEPARTMENT ion W. Rock Street WWW Fayetteville at gov I .;iyetteville, AR /2/01 6057 Planning Commission April 27, 2015 Agenda Item 6 15-4965 Rupple Rd. Ext. Zoning Page 17 of 29 The City of Fayetteville Fire Department 303 W. Center St. Fayetteville, AR. 72701 Phone (479) 575-8365 Fax (479) 575-0471 To: Andrew Garner From: Jeremy Ashley, Assistant Fire Marshal Date: March 16, 2015 Re: Rezone RZN15-4965 This development will be protected by Engine 7 located at 835 Rupple Road. It is .5 miles from the station with an anticipated response time of 2 minutes to the beginning of the development. The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times. If you have any questions please feel free to contact me. Captain Jeremy Ashley Fayetteville Fire Department Honor, Commitment, Courage; Our people make the difference! Planning Commission April 27, 2015 Agenda Item 6 15-4965 Rupple Rd. Ext. Zoning Page 18 of 29 THE CITY OF FAYETTEVILLE, ARKANSAS CITY PLANNING DIVISION 125 WSA MountaM rayattavlll,AA 73101 City of Fayetteville, City Planning Division Fayetteville, AR 72701 Tracy Hoskins, Chair Fayetteville Planning Commission City of Fayetteville, Arkansas 113 W. Mountain St Fayetteville, AR 72701 Re: Rezone Request of the South Rupple Road Corridor Dear Planning Commission Chair: Please accept this letter as a request to rezone property located along the South Rupple Road corridor generally bounded by Persimmon Street to the north and Martin Luther King Boulevard to the south. The City will be constructing a major new street connection by extending Rupple Road approximately 1.5 miles south from the existing dead end of Rupple Road adjacent to Owl Creek Elementary to Martin Luther King Boulevard. The new road will be built as a Principal Arterial with four lanes and a boulevard. Round -a -bouts will be installed approximately every half mile at the planned east -west Collector Street intersections. Construction is scheduled to begin in 2015 and be completed by the end of 2016. The extension of Rupple Road has been included on the Master Street Plan for at least 15 years dating back to the Master Street Plan adopted in 2000. Rupple Road has long been planned as the major north -south transportation corridor in the city west of 1-49. The completion of this major new infrastructure project will change traffic patterns and open up several hundred acres of farmland for development. Staff has been in consultation with several developers and property owners in the vicinity that are anticipating building new development in this area after the completion of the city's project. With multiple developers discussing potential rezonings and development of various pieces along this corridor, staff is bringing forward a comprehensive zoning proposal for the entire area to better enable staff, Planning Commission, and City Council to think through the rezoning of this property as a whole, rather than piecemeal applications from individual property owners. This is a large undeveloped area of approximately 600 acres within the City limits in the vicinity of the Wedington Drive and Martin Luther King commercial corridors to the north and south, the wastewater treatment plant to the west, and the Mountain Ranch/1-49 corridor to the east. This rezoning may have the appearance of extending urban sprawl into undeveloped areas. However, because of surrounding development and need to accommodate long term planned growth, the rezoning is compatible with surrounding areas, been anticipated for a number of years, and is consistent with the primary goals of City Plan 2030. These goals include encouraging planned and orderly growth that is transit oriented, development patterns in traditional form creating great streets and allowing a diversity of uses and dwelling types for complete neighborhoods. Staff recommends that mixed use zoning be concentrated around the Rupple Road corridor and Collector Street intersections, and that the periphery of the study area adjacent to existing single family dwellings be rezoned for single family dwellings to provide adequate transition and compatibility amongst existing uses. ielemmmumrannns Device for the Deaf 1DD(479)521-1316 113 West Mountain- Fayetteville, AR 12701 Planning Commission April27, 2015 Agenda Item 6 15-4965 Rupple Rd. Ext. Zoning Page 19 of 29 THE CITY OF FAYETTEVILLE, ARKANSAS The City Plan 2030 Future Land Use Plan map (FLUM) identifies this area primarily as a Residential Neighborhood Area, with Natural Area designations along isolated floodplains and riparian corridors. Almost the entire vicinity is on the Enduring Green Network map because it is largely undeveloped and contains high environmental quality including remnant prairie habitat. This area has been indicated on the FLUM to be developed at moderate to medium density for a number of years. Staffs proposal is to rezone the area to allow an overall residential density of approximately eight dwelling units per acre. This threshold is generally the critical mass needed to support transit and other non- residential services in the immediate neighborhood. The intent is for the build -out to be a self-sustaining neighborhood where residents can live, work, play and shop for a majority of their daily needs without having to drive long distances. The Immediate corridor along Rupple Road is proposed with a mixed use form -based zoning district that would allow a wide range of housing options and neighborhood -serving retail and services. This includes a variety of single family attached and detached units, multi -family dwellings, and non-residential goods and services. Outside the corridor would be zoned NC, Neighborhood Conservation. NC allows a maximum of 10 single family dwelling units per acre. It should be noted that gross density in a subdivision is typically much lower than the zoning allows because of the land required for utilities and streets. The study area is identified as having a high level of natural resources by the Fayetteville Natural Heritage Association (FNHA), a local non-profit group. Habitat in the study area is classified by the FNHA as prairie remnant and seasonal wetlands'. In staffs assessment, it appears that much of upland prairie habitat has been removed or disturbed to accommodate farming and grazing. Remnant prairie in the study area appears to be located particularly along the riparian corridors that have less disturbance. The Woolsey Wet Prairie Sanctuary is a 30 -acre wetland mitigation site located on the City's wastewater treatment plant to the west of the study area. Due to the environmental sensitivity of the study area, staff recommends that all of the land identified as Natural Area be zoned R -A, Residential Agricultural. This zoning should result in conservation along these riparian corridors in exchange for higher density in other areas. A rezoning of this size will allow a large volume of development that will increase traffic on surrounding roads. However, as discussed above, the City's planned road project will be completed in the near future to accommodate this planned growth. As individual developments are reviewed, on and off -site street improvements will be reviewed and recommended. One such recommendation for this area may include an assessment for developments to contribute money to the Persimmon Street overpass. This is a planned east - west connection over 1-49 which will alleviate congestion at I-49/Wedington Road interchange. Thank you for time and consideration of this request. Sincerely, Andrew Garner, AICP City Planning Director City of Fayetteville Development Services agamerCUDfavettevill e-ar.aov 479.575.8262 Alt: Rezoning exhibit Cc: Jeremy Pate, Development Services Director Chris Brown, City Engineer 1 Fayetteville Natural Heritage Association Environmental Working Group Map 2008-2009 relecoinmunicmions Device for the Deaf IDD 1479i 521 1316 113 West Mountain -Fayetteville, All 71701 Planning Commission Apri127, 2015 Agenda Item 6 15-4965 Rupple Rd. Ext. Zoning Page 20 of 29 Submitted by a member of the public at 04-13-15 Planning Commission meeting (pg. 1 of 4) Site History • Prairie habitat is one of the rarest habitats found across the United States. Only"'1% of historical prairie remains intact. (1,2) o Virgin prairie habitat (unplowed with evidence of prairie mounds) can be restoredl • Example: Woolsey Wet Prairie Sanctuary Woolsey Wet Prairie Sanctuary (WWPS) o Previously, unplowed agricultural fields, Is now a successfully restored prairie habitat. ■ Over 450 documented plant species, including 7 rare species (3) ■ Over 200 documented bird species, Including 1 state record (4) • 24 documented reptile and amphibian species recorded, including 2 rare species o Designated an Important Birding Area by the National Audubon Society o WWPS has become an important teaching, educational, and public resource Reptiles and Amphibians • Intensive surveys have revealed 24 reptile and amphibian species have colonized WWPS o Documented two species considered AR State Species of Greatest Conservation of Concern: • Graham's Crayfish Snake (Regina grahamii) • Only known population to exist within the Boston/Ozark Mountains • The last documented observation was from over 60 years ago • Over 200 captured within WWPS in 2014 • Crawfish Frog (Lithobates areolatus) • Listed as State Endangered: Indiana and Iowa (6) • Species of Conservation Need: Illinois, Missouri, Kansas (6) • Near Treatened: International Union for Conservation of Nature (IUCN, 6) • Large breeding chorus documented in WWPS and individuals found crossing Broyles Ave from adjacent property Important Considerations for Conserving Reptiles and Amphibians at WWPS and Adjacent Properties. Ephemeral (non -permanent) aquatic habitats (e.g. flooded fields) are important and deserve protection consideration o Permanent farm ponds, retention ponds, and streams are not as important Connectivity between suitable habitats is key! o Amphibians and reptiles have surprisingly large home ranges • e.g. Crawfish frog can migrate up to 400 meters from a breeding wetland (7) o Many species of reptile and amphibian are extremely secretive • e.g. Grahams Crayfish Snake went 60 years without being detected even with an R-1 university only 5 miles away o What might look like an empty grass field might provide important hibernation or post - breeding habitat to many amphibians and reptiles Please keep these consideration In mind when determining future development and habitat protections within In Washington County. With your help we can grow as a city while maintaining our Biodiversity. References Planning Commission April 27, 2015 Agenda Item 6 15-4965 Rupple Rd. Ext. Zoning Page 21 of 29 Submitted by a member of the public at 04-13-15 Planning Commission meeting (pg. 2 of 4) 1. Samson, F. and F. Knopf. 1994. Prairie conservation in North America. Blosclence. 44: 418-421. 2. Gleason, R.A., M.K. Laubhan, N.H. Euliss Jr. (Eds.) 1998. Ecosystem services derived from wetland conservation practices In the United States Prairie Pothole Region with an emphasis on the U.S. Department of Agriculture Conservation Reserve and Wetlands Reserve Programs. U.S. Geological Professional Paper 1745. 3. EcoArkansas 2012. "Master Plant List for Woolsey Wet Prairie." Ecoarkansas.com. Environmental Consulting operations. Accessed 28 Aug 2014. 4. 2014. "Species Count for Woolsey Wet Prairie". Ebird. Available online at hn:J/ebad.or ebadnuts ut(LS02'1d0. Accessed 13 April 2015. 5. 2013. "Important Bird Areas In Arksansas". Available online at http//Jr.audIlbon.oriz/llPIportant-bird-arcas-arkjijs•. Accessed 13 April 2015. 6. 2015. "Rana areolata Conservation Status". Available online at htlp./Jexplarer.nalureservu.or eervlet NauveSi:ve9carchName=Rana+areolata.Accessed 13 April 2015. 7. Heemeyer, J.L. and M.J. Lannoo. 2012. Breeding migrations in crawfish frogs (Litho bates areolatus): long-distance movements, burrow phllopatry, and mortality In a near -threatened species. Copeia. 2012: 440.450. Planning Commission April 27, 2015 Agenda Item 6 15-4965 Rupple Rd. Ext. Zoning Page 22 of 29 Submitted by a member of the public at 04-13-15 Planning Commission meeting (pg. 3 of 4) Planning Commission April 27, 2015 Agenda Item 6 15-4965 Rupple Rd. Ext. Zoning Page 23 of 29 Submitted by a member of the public *o41s,5Planning Commission _kq(gP.4df Planning Commission April r m, Agenda _6 15-4965 le Rd. Ext. _m Page 24 of 29 Submitted by a member of the public at the April 27, 2015 Planning Commission meeting (pg. 1 of 2) Figure 1. Map of proposed area to be developed with areas of Crawfish Frog activity highlighted. A proposed green space that would maintain some connectivity with Woolsey Wet Prairie Sanctuary is drawn. Submitted by a member of the public at the April 27, 2015 Planning Commission meeting (pg. 2 of 2) Figure 2. Zoomed in image of known Crawfish Frog activity and proposed green space. F. rY, hA ver, ar ru ly..,.•\ CS,CarwNr9[IL�. !=t' "I I, ea°f �" n ', is li'' I 'iY��5 F J R/ f� tS! a{i V U it d _ H L y Fct; 111111 h .ew :- I. k:;.'i M° ror A. 15-0965 Rupple Rd. Ext. Zoning Page 26 of 29 RZN15-49651 SOUTH RUPPLE ROAD REZONING Ld �r RG SPUN OR R(FLAGETICk OR Furl RAILOUSTST ,E' y. t5�- ��OAPSTONECR R a 3� i"c W O—•PFAEIMM9NSL d l• • .., r _.. r:- ?.. . r'. VrEwOR MOJ�S�N '.x NC f, fSF.4 L; I; 11= R•Axr i • �`.• NC i p ' Close Up View 11 - ( "!4i ' •• -A i t 1 RP2e i ■ � i .y 1 C�PAX ' ri 1 PECAV N Z y l SweeTGU,V -A - 1 ..I a N 1 , ..7.L ry�.�. yf', •'riN WILSON ST `1 I ROB ST 1 r�} - C'1 CPZO G� 1 lMi 1 pe TROe, L�I y�i Multi -Use Trail (Existin9� a G6 Future Trails }i N i Hillside-K'Ttop Overlay District _..411111ai 2- k RZN15-4965 Fayetteville City Li its Proposed Rezoning: CS, Community Services Footprints 2010 I NC, Neighborhood Conservation r ----•I R -A, Residential Agricultural ! Design Overlay Di trict UT, Urban Thoroughfare Design Overlay Di trict TOTAL 0 600 1,200 2400 3,600 4,800 ------ Planning Area Feet 107.3 ACRES 442.1 ACRES 77.3 ACRES 15.3 ACRES 642 ACRES Planning Commission April 27, 2015 Agenda nem n 15-4965 Rupple Rd. Ext. Zoning Page 27 of 29 RZN15-4965 SOUTH RUPPLE ROAD REZONING Future Land Use HO SPUN DR �tl FLADSTICK OR o g S RAIL DUST S7$ iqq g , tg DAPSTONE DR WEDGE DR aj7 ....may NN"* I MDv� DR Ibg Ii pRDNdFNC�O4' NC r. .._ NC; r 1 5 NC , I V. I: LJ!L. r ' 1 Legend a I 3' PECAN LILAC DRS - r 3 t w�Tcu N sr ^ •' MulEl•Use all (fr�jli t �/u, �B STw y~ i yr ,r }S. = 'E' Future Tra ≥Y a r ..:.. .. ....... RZN75'# ST U SEFi`� - -I r r Fayet IgT ity Limits tfrbWLANDUSE2O3O CEASS a 'Natural Area a PN rpPtNst _ � RuralArea st v Resldenl(al 140%orhood Area i ban Center Area Industrial Complete Neighborhood Civic and Private Open Civic Institutional Non -Municipal Govemm, ROW ---- Planning Area Proposed Rezoning: CS, Community Services 107.3 ACRES NC, Neighborhood Conservation 442.1 ACRES arks R -A, Residential Agricultural 77.3 ACRES UT, Urban Thoroughfare 15.3 ACRES TOTAL 642 ACRES 0 600 1.200 2.400 3.600 4,900 Feet Planning Commission April 27.2015 Agenda tern 15-4965 Rupple Rd. Ext. Zoning Page 28 of 29 RZN15 4965 ISOUTH RUPPLE ROAD REZONING One Mile View I 11G2P LV Ir1 1.Up r r .' 1 ♦ CljbVE4a R4(D' gsFN CL LN r'ta - - �1 i� oJEy�RI RP7p' r MID II tht9 FLAGSflcRDR'�` .Qm r Rata iii ( - R' WEDGED Rw� nno RPxa , - �j j RPW _ • RrlD Rcxo� !-! y. Mr u - 1 ,IIY]?� ':f1 -P1 .P`� Or� ��.�^c i - ..� J flWl Rse.l AF NC y AiF1fRPw B o:o PECAN !'. CY�W �.- I U `' JJ Nay 4I�N u¢D ri w RriQ rtno I' e\ m ui N ¢ is ,•o'1`g '17� •w oc r WILSON ST V pa3ER`i RoxD V. g ROB ST - - Roza. or �� a• xu N I � n1' ICp S y i r"ssv kn \ -' �. R« fir. Overview .t. Proposed Rezoning: RZN 15-4965 _ _ .I •, �� CS. Community Services 107.3 ACRES NC, Neighborhood Conservation 442.1 ACRES HHOD R -A, Residential Agricultural 77.3 ACRES UT, Urban Thoroughfare 15.3 ACRES Planning Area •vL TOTAL 642 ACRES _ _ _; I I Fayetteville �.: 0 0.25 0.5 Mles Planning Commission Agenda Item 6 15-4965 Rupple Rd. Ext. Zoning Page 29 of 29 N Z N— is— y965 o RtAfrth Rom) Sloan Property Summary of Observations 5/13/15: -1-L, 5 -19 -- l 5 6) j • Investigated area of "green space" (as shown on figure presented by individual commenting on proposed rezoning) on May 13, 2015. Weather conditions were cool (58°F) with light rain. • Area appeared to be utilized as a hayfield and would best be described as an "improved pasture/hayfield" that supported the following species: tall fescue (Schedonorus arundinaceus), broom -sedge (Andropogon virginicus), bluegrass (Poo sp.), and orchard grass (Dactylis glomerota). Tall fescue was the dominant species, comprising 50 percent or more of the site, followed by broom -sedge. • Observations were made of small wetland areas within the site, which supported the following species: Caric sedges (Carex sp.), swamp smartweed (Persicorio hydropiperoides), and water primrose (Ludwigia sp.). • No observations were made of herpetofauna, however, habitat was observed that would likely support several species of frogs, including northern crawfish frog (Lithobates areolatus circulosus). A number of crawfish burrows were noted within the area and the general habitat, while not pristine, would likely support the species, especially if a population were known to exist nearby. • The following species of fauna were observed during field observations: Northern Bobwhite, Dickcissel, and Red -winged Blackbird. • In summary, the area supports a hayfield with very little species diversity in regards to the vegetative community; however, it probably supports several species of fauna that are common to the area (and utilize either disturbed habitat or grasslands). In addition, the area likely supports northern crawfish frog considering that the species is known to occur nearby. General view of site. General notes: Crawfish frog is not a protected species. It is not federally listed as threatened or endangered, nor is it a proposed candidate. Globally ranked as G4T4 (species apparently secure, subspecies apparently secure) Crawfish frog is not common in NWA (see species range map below) (Map taken from HerpsOfArkansas.com on 5/14/15) Arkansas state rank S2 (imperiled/very rare within the state) but not listed as Threatened or Endangered by Arkansas Natural Heritage Commission or Arkansas Game and Fish Commission • Missouri state rank 53 (rare to uncommon) Information obtained from HerpsOfArkansas.com and NatureServe.org on 5/14/15. P.O. BOX 1607, FAYETTEVILLE, AR, 72702 • 479-442-1700 • FAX: 479-695-1118 • WWW.NWADG.COM AFFIDAVIT OF PUBLICATION RECEIVED JUN 22 2015 I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the CITY OF FAVET 2015 E Northwest Arkansas Democrat Gazette, printed and published in CITY F FAME OFFICE Washington and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ordinance 5775 Was inserted in the Northwest Arkansas Democrat Gazette on: June 11, 2015 Publication Charges: $90.79 VP/l Cathy Wiles Subscribed and sworn to before me This ►7 day of ) , 2015. otary Public My Commission Expires: **NOTE** Please do not pay from Affidavit.