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.