HomeMy WebLinkAboutOrdinance 5807;� r Null{1111{INIIIII{111111{Illlllllllllfllllll{IIII1{III111111{III{{IIIB111111
Kind: ORDINANCE
Recorded: 10/16/2015 at 02:34:08 PM
.. Fee Amt: $30.00 Pape 1 of 4
{;.•` 5iashlnptcn County. AR
Kyle Sylvester Circuit Clerk. 1
113 West Mountain Street FS162015-0002958 —"
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5807
File Number: 2015-0432
RZN 15-5174 (S. END OF RUPPLE RD./STRIKER DEVELOPMENT):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5174,
FOR APPROXIMATELY 102 ACRES, LOCATED AT THE SOUTHERN END OF RUPPLE ROAD FROM NC,
NEIGHBORHOOD CONSERVATION; CS, COMMUNITY SERVICES; R -A, RESIDENTIAL -
AGRICULTURAL; RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE; AND RSF-2,
RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE TO R -A, RESIDENTIAL -AGRICULTURAL; RSF-2,
RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE; RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS
PER ACRE; NC, NEIGHBORHOOD CONSERVATION AND CS, COMMUNITY SERVICES
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 NC, Neighborhood Conservation; CS, Community Services; R -A, Residential -
Agricultural; RSF-4, Residential Single Family, 4 Units Per Acre; and RSF-2, Residential Single Family, 2 Units
Per Acre To R -A, Residential -Agricultural; RSF-2, Residential Single Family, 2 Units Per Acre; RSF-4,
Residential Single Family, 4 Units Per Acre; NC, Neighborhood Conservation and CS, Community Services as
shown on Exhibits "A" and `B" 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 on 10/6/2015
Attest: FAYFTTEVII L -F.
� '-;ysy. �'kr; NSP •���`•;
Sondra E. Smith, City Clerk Treasurer
Page 1 Printed on 10!//15
EXHIBIT 'A'
15-5174
RZN15-51741 STRIKER DEVELOPMENT
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SUBJECT PROPERTY o 1
RSF4
PROPOSED RSF-4
CVeiJle,,Neighborhood1Pa Trail
Zonina
Existina
Proposed
Natural Surface Trail
R -A
5.52 acres
11.81 acres
RZN15-5174
RSF-2
9.79 acres
10.93 acres
RSF-4
52.25 acres
47.24 acres
Hillside -Hilltop Overlay District
INC
33.93 acres
1934 acres
Fayetteville City Limits
CS
0.22 acres
11.88 acres
- - -;
0 a00 600
Footprints 2010
1,200
1,800 2.400
F�1
EXHIBIT `B'
15-5174
LEGAL DESCRIPTION: (PROPOSED ZONING: RA
A part of the SEI/4 of the NE1/4 and a part of the NEI/4 of the NEI/4 of Section 13,
T16N, R31W and a part of the NW1/4 of the NW1/4 and a part of the SW1/4 of the
NW1/4 of Section 18, TIM R30W in Washington County, Arkansas and being
described as follows: Beginning at the NW Corner of said SEI M, NEI/4, said point
being the POINT OF BEGINNING, thence S87°12'08"E 990.46 feet, thence along a
non tangent curve to the right 144.65 feet, said curve having a radius of 329.70 feet
and chord bearing and distance of N08001'00"E 143.49 feet, thence S66°12'21"E
21.71 feet, thence along a non tangent curve to the left 240.42 feet, said curve having
a radius of 660.00 feet and chord bearing and distance of S76°38'30"E 239.09 feet,
thence S87004'38"E 163.35 feet, thence along a curve to the left 140.34 feet, said
curve having a radius of 565.27 feet and a chord bearing and distance of N85°48'37"E
139.98 feet, thence S11 °27'25"E 224.91 feet, thence S25°07'17"E 182.41 feet, thence
S02019'56"W 88.23 feet, thence N87040'04"W 205.07 feet, thence S02019'56"W
110.00 feet, thence N87°40'04"W 52.82 feet, thence NO2°19'56"E 110.00 feet, thence
N87040'04"W 80.00 feet, thence NO2019'56"E 280.00 feet, thence N87°40'04"W
511.61 feet, thence NO2019'56"E 40.20 feet, thence N87°40'04"W 150.00 feet, thence
S02019'56"W 330.20 feet, thence N87040'04"W 260.66 feet, thence S02°19'56"W
64.94 feet, thence N87°40'04"W 439.48 feet, thence NO2'1 9'56"E 448.19 feet to the
POINT OF BEGINNING: Containing 11.81 acres more or less subject to easements
and right of way of record.
LEGAL DESCRIPTION: (PROPOSED ZONING RSF-2)
A part of the SW1/4 of the NW1/4 and a part of the NW1/4 of the NW1/4 of Section 18,
T16N, R30W in Washington County, Arkansas, and being described as follows:
Commencing at the SW Corner of said SW1/4, NW1/4, thence S87°56'51"E 1,081.92
feet to the POINT OF BEGINNING, thence NO2°19'56"E 36.18 feet, thence
N19046'16"E 385.77 feet, thence NO2019'56"E 453.57 feet, thence S87°40'04"E 198.82
feet, thence along a non tangent curve to the right 237.77 feet, said curve having a
radius of 400.00 feet and chord bearing and distance of N19°44'21 "E 234.29 feet,
thence N36046'06"E 339.97 feet, thence S51014'45"E 25.00 feet, thence N38'45'1 5"E
12.24 feet, thence S51 °14'45"E 181.40 feet, thence S36°46'06"W 416.81 feet, thence
S02003'09"W 902.75 feet, thence N87°56'51 "W 518.83 feet to the POINT OF
BEGINNING: Containing 10.93 acres more or less subject to easements and right of
way of record.
LEGAL DESCRIPTION: (PROPOSED ZONING RSF-4)
A part of the SEI/4 of the NE1/4 of Section 13, T16N, R31 W and a part of the SW1/4
of the NW1/4 and a part of the NW1/4 of the NW1/4 of Section 18, T16N, R30W in
Washington County, Arkansas and being described as follows: Beginning at the SE
Corner of said SE1/4, NE1/4 of Section 13, said point being the POINT OF
BEGINNING, thence N87°18'19"W 31.69 feet, thence NO2'1 9'56"E 818.69 feet, thence
S87040'04"E 82.26 feet, thence NO2° 19'56"E 135.00 feet, thence S87°40'04"E 80.00
feet, thence S02019'56"W 110.00 feet, thence S87040'04"E 52.82 feet, thence
N0201 9'56"E 110.00 feet, thence S87040'04"E 205.07 feet, thence NO2019'56"E 88.23
feet, thence N25007'1 7W 182.41 feet, thence N11°27'25"W 224.91 feet, thence along
a non tangent curve to the left 252.97 feet, said curve having a radius of 565.27 feet
EXHIBITS'
15-5174
and chord bearing and distance of N65°52'39"E 250.86 feet, thence S34009'34"E
22.76 feet, thence N36°44'43"E 306.07 feet, thence N61 °29'33"E 189.51 feet, thence
S53013'54"E 386.46 feet, thence N36046'06"E 15.53 feet, thence S53013'54"E 138.64
feet, thence N38045'1 YE 34.36 feet, thence S51 °14'45"E 181.43 feet, thence
N38045'15"E 5.68 feet, thence along a curve to the left 27.77 feet, said curve having a
radius of 525.00 feet and a chord bearing and distance of N37°14'19"E 27.77 feet,
thence S54016'37"E 132.35 feet, thence S38'45'1 5"W 49.84 feet, thence S51'1 4'45"E
156.43 feet, thence S36°46'06"W 339.97 feet, thence along a curve to the left 237.77
feet, said curve having a radius of 400.00 feet and a chord bearing and distance of
S19044'21W 234.29 feet, thence N87040'04"W 198.82 feet, thence S02019'56"W
453.57 feet, thence S19046'16"W 385.77 feet, thence S02'1 9'56"W 36.18 feet, thence
N87056'51 "W 1,081.92 feet, thence NO2°03'30"E 44.17 feet to the POINT OF
BEGINNING: Containing 47.24 acres more or less subject to easements and right of
way of record.
LEGAL DESCRIPTION: (PROPOSED ZONING NC)
A part of the SE1/4 of the NEI/4 of Section 13, T16N, R31 W and a part of the SW1/4
of the NW1/4 of Section 18, T16N, R30W in Washington County, Arkansas, and being
described as follows: Commencing at the SE Corner of said SE1/4, NE1/4 of Section
13, thence N87018'1 9"W 31.69 feet to the POINT OF BEGINNING; thence
N87018'19"W 715.01 feet, thence NO2°19'56"E 814.16 feet, thence S87°40'04"E
135.66 feet, thence NO2019'56"E 455.20 feet, thence S87°40'04"E 150.00 feet, thence
S02019'56"W 40.20 feet, thence S87040'04"E 511.61 feet, thence S02019'56"W 415.00
feet, thence N87040'04"W 82.26 feet, thence S02019'56"W 818.69 feet to the POINT
OF BEGINNING: Containing 19.84 acres more or less subject to easements and right
of way of record.
LEGAL DESCRIPTION: (PROPOSED ZONING: CS)
A part of the SE1/4 of the NE1/4 of Section 13, T16N, R31W in Washington County,
Arkansas and being described as follows: Beginning at the SW Corner of said SEI/4,
NE1/4, said point being the POINT OF BEGINNING, thence NO2°19'56"E 870.64 feet,
thence S87040'04"E 439.48 feet, thence NO2°19'56"E 64.94 feet, thence S87°40'04"E
260.66 feet, thence S02°19'56"W 100.00 feet; thence S02°19'56"W 25.00 feet, thence
N87040'04"W 135.66 feet, thence S02'19'56'W 814.16 feet, thence N87018'19"W
564.49 feet to the POINT OF BEGINNING: Containing 11.88 acres more or less
subject to easements and right of way of record.
Washington County, AR
I certify this instrument was filed on
10/16/2015 02:34:08 PM
and recorded in state
File Number 201 -000 9581
Kyle Sylvester- irc ' CI
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
I • ..� (479) 575-8323
rn Vit,
.aY Text File
-- File Number: 2015-0432
Agenda Date: 10/6/2015 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 11
RZN 15-5174 (S. END OF RUPPLE RD./STRIKER DEVELOPMENT):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
15-5174, FOR APPROXIMATELY 102 ACRES, LOCATED AT THE SOUTHERN END OF
RUPPLE ROAD FROM NC, NEIGHBORHOOD CONSERVATION; CS, COMMUNITY SERVICES;
R -A, RESIDENTIAL -AGRICULTURAL; RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
ACRE; AND RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE TO R -A,
RESIDENTIAL -AGRICULTURAL; RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE;
RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE; NC, NEIGHBORHOOD
CONSERVATION AND CS, COMMUNITY SERVICES
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 NC, Neighborhood Conservation; CS,
Community Services; R -A, Residential -Agricultural; RSF-4, Residential Single Family, 4 Units Per
Acre; and RSF-2, Residential Single Family, 2 Units Per Acre To R -A, Residential -Agricultural; RSF-2,
Residential Single Family, 2 Units Per Acre; RSF-4, Residential Single Family, 4 Units Per Acre; NC,
Neighborhood Conservation and CS, Community Services as shown on Exhibits "A" and "B" 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.
City of Fayetteville, Arkansas Page 1 Printed on 10/712015
City of Fayetteville Staff Review Form
2015-0432
Legistar File ID
10/6/2015
City Council Meeting Date -Agenda Item Only
N/A for Non -Agenda Item
Jeremy Pate
Submitted By
9/18/2015 City Planning /
Development Services Department
Submitted Date Division / Department
Action Recommendation:
RZN 15-5174: Rezone (S. END OF RUPPLE RD./STRIKER DEVELOPMENT, 478/479): Submitted byJORGENSEN &
ASSOCIATES, INC. for property located at the SOUTHERN END OF RUPPLE ROAD and contains approximately 101.50
acres. The request is to rezone the property to R -A, RESIDENTIAL -AGRICULTURAL; RSF-2, RESIDENTIAL SINGLE
FAMILY 2 UNITS PER ACRE; RSF-4 RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE; NC, NEIGHBORHOOD
CONSERVATION and CS, COMMUNITY SERVICES.
Budget Impact:
Account Number
Fund
Project Number
Project Title
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
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Approval Date:
,Y D
Comments:
CITY OF
Taymi 'RttevtUe
ARKANSAS
MEETING OF OCTOBER 6, 2015
TO: Fayetteville City Council
CITY COUNCIL AGENDA MEMO
FROM: Andrew Garner, City Planning Director
DATE: September 18, 2015
SUBJECT: RZN 15-5174: Rezone (S. END OF RUPPLE RD.ISTRIKER
DEVELOPMENT, 478/479): Submitted by JORGENSEN & ASSOCIATES,
INC. for property located at SOUTHERN END OF RUPPLE RD. The
property is zoned NC, NEIGHBORHOOD CONSERVATION; CS,
COMMUNITY SERVICES; R -A, RESIDENTIAL -AGRICULTURAL; RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE; AND RSF-2,
RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE and contains
approximately 101.50 acres. The request is to rezone the property to R -A,
RESIDENTIAL AGRICULTURAL; RSF-2, RESIDENTIAL SINGLE FAMILY
2 UNITS PER ACRE; RSF-4 RESIDENTIAL SINGLE FAMILY, 4 UNITS
PER ACRE; NC, NEIGHBORHOOD CONSERVATION and CS,
COMMUNITY SERVICES,
RECOMMENDATION:
The Planning Commission and staff recommend approval of an ordinance to rezone the property
to R -A, Residential -Agricultural; RSF-4, Residential Single Family, 4 Units per Acre; RSF-2,
Residential Single Family, 2 Units per Acre; NC, Neighborhood Conservation and CS, Community
Services.
BACKGROUND:
The subject property contains approximately 102 undeveloped acres located south of the
Mountain Ranch Subdivision in west Fayetteville. The western portion of the property was
included in the City -initiated rezoning of the South Rupple Road corridor project approved by City
Council on June 2, 2015 (RZN 15-4965). The existing zoning of the property is listed in Table 1.
This site is primarily flat pasture with floodplain along the north. The eastern portion of the property
is steep hillside in the Hillside Hilltop Overlay District (HHOD), south of the dead end of Mountain
Ranch Boulevard.
The applicant requests to rezone the property as listed in Table 1 and depicted in the attached
rezoning exhibit. The applicant has indicated intention to develop the property with higher density
and intensity closer to Rupple Road (possibly including multi -family and non-residential use), and
transitioning to lower density typical single family neighborhoods to the east across the flat pasture
and larger lots up the hillside. The applicant indicated that the recent South Rupple Road rezoning
does not match up with their exact development plans for the area, and also that portions zoned
R -A should be increased in some areas for additional conservation and decreased in other areas
for more development.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Table 1
Existing and Proposed Zoning
Existing Zoning
Proposed Zoning
R -A, Residential Agricultural
5.52 acres
11.81 acres
RSF-2, Residential Single Family Two Units per Acre
9.79 acres
10.93 acres
RSF-4, Residential Single Family Four Units per Acre
52.25 acres
46.81 acres
NC, Neighborhood Conservation
33.93 acres
20.28 acres
CS, Community Services
0.22 acres
11.88 acres
TOTAL
102 acres
102 acres
Land Use Compatibility:
The proposed zoning is generally compatible with the surrounding residential properties to the
north by proposing similar single family detached zoning and also expanding the R -A zoning along
the northern property line for conservation of floodplain and riparian areas identified by the
applicant in the field. The zoning would introduce 11.88 acres of CS zoning along the western
portion of the site expanding the more intense development anticipated along Rupple Road into
the property, transitioning to lower density NC and RSF-4 districts further east, and finally
transitioning to RSF-2 zoning in steep hillside areas along the eastern boundary.
Land Use Plan Analysis:
The rezoning is generally consistent with planning objectives, principles, and policies put forward
in the City Plan 2030 and the Future Land Use Map (FLUM). The concept for planned
development of this area has been anticipated for many years. Higher density/intensity and form -
based mixed use zoning allows a variety of land uses in one area. This allows development to
reach the required threshold needed for public transit and non-residential goods and services
within walking distance of residential neighborhoods, consistent with City Plan 2030. While the
rezoning of the R -A portion of the site does not exactly match the FLUM's designation of Natural
Areas, the applicant proposes to shift the R -A areas more to the north netting an increase of 6.35
acres of R -A property intended for conservation and/or preservation of sensitive areas. The
applicant's refinement of the zoning lines is expected given that the South Rupple Road rezoning
was completed by City staff at a large scale (642 acres) without information on specific
development proposals or detailed field analysis. The proposal is also consistent with principles
of transect zoning transitioning from rural to urban zones within a defined neighborhood structure.
DISCUSSION:
On September 14, 2015 the Planning Commission forwarded this item to the City Council with a
recommendation for approval by a vote of 9-0-0. No public comment was presented. During the
day of the Planning Commission meeting the applicant revised their request slightly at the City
Planning Division's advice. The published Planning Commission staff report contains acreages
from the original proposal that are slightly different than the request presented at the Planning
Commission meeting and forwarded to the City Council.
BUDGET/STAFF IMPACT:
N/A
Attachments:
Exhibit A
Exhibit B
Planning Commission Staff Report
CITY OF
ay'R5Tttviie PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
FROM: Andrew Garner, City Planning Director
MEETING DATE: September 14, 2015 U dated with Planning Commission results
SUBJECT: RZN 15-5174: Rezone (S. END OF RUPPLE RD./STRIKER
DEVELOPMENT, 478/479): Submitted by JORGENSEN & ASSOCIATES,
INC_ for property located at SOUTHERN END OF RUPPLE RD. The
property is zoned NC, NEIGHBORHOOD CONSERVATION, R -A,
RESIDENTIAL AGRICULTURE, RSF-4, RESIDENTIAL SINGLE FAMILY,
4 UNITS PER ACRE, AND RSF-2, RESIDENTIAL SINGLE FAMILY, 2
UNITS PER ACRE and contains approximately 102 acres. The request is
to rezone the property to NC, NEIGHBORHOOD CONSERVATION, CS,
COMMUNITY SERVICES, R -A, RESIDENTIAL AGRICULTURE, AND
RSF-4 RESIDENTIAL SINGLE FAMILY. 4 UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN 15-5174 to the City Council with a recommendation for
approval except staff recommends the RSF-2 district be retained as it exists.
BACKGROUND:
Background and Property Description: 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 new Rupple
Road will be adjacent to the west of the subject property, but will not be directly accessible from
this site until additional east -west streets provide connection.
The subject property contains approximately 102 undeveloped acres located south of the
Mountain Ranch Subdivision in west Fayetteville. The western portion of the property was
included in the City -initiated rezoning of the South Rupple Road corridor project approved by City
Council on June 2, 2015 (RZN 15-4965). This area of the site is primarily flat pasture with
floodplain along the north. The eastern portion of the property is steep hillside in the Hillside Hilltop
Overlay District (HHOD), south of the dead end of Mountain Ranch Boulevard. 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.
Mailing Address: Planning Commission
113 W. Mountain Street www.fayen fflA b 7 015
Fayetteville, AR 72701 15-5174 Striker Dev.
Page 1 of 16
Table 1
Existing Zoning
Existing Zoning
Acres
(approximate)
R -A, Residential Agricultural
5.52
RSF-2, Residential Single Family Two Units per Acre
9.79
RSF-4, Residential Single Family Four Units per Acre _
52.25
NC, Neighborhood Conservation
33.93
CS, Community Services
0.22
_
TOTAL
102
Table 2
Surrounding Land Use and Zoning
Direction
from Site
Land Use
Zoning
North
Mountain Ranch Subdivision
RSF-4, Residential Single Family Four Units per Acre
South
Undeveloped; rural residential
CS, Community Services; NC, Neighborhood
Conservation; R -A, Residential -Agricultural
RSF-2, Residential Single Family Two Units per Acre
R -A, Residential -Agricultural; NC, Neighborhood
Conservation; Community Services
East
Undeveloped wooded hillside
West
Undeveloped; rural residential;
future Rupple Road corridor
DISCUSSION:
Request: The applicant requests to rezone the property as listed in Table 3 and depicted in the
attached rezoning exhibit. The applicant has indicated intention to develop the property with
higher density and intensity closer to Rupple Road (possibly including multi -family and non-
residential use), and transitioning to lower density typical single family neighborhoods to the east
across the flat pasture and larger lots up the hillside. The applicant indicated that the recent South
Rupple Road rezoning does not match up with their exact development plans for the area, and
also that portions zoned R -A should be increased in some areas for additional conservation and
decreased in other areas for more development. IProposed zonir
Table 3
Proposed Zoning
Acres
Proposed Zoning
R -A, Residential Agricultural
RSF-4, Residential Single Family Four Units per Acre
NC, Neighborhood Conservation
CS. Community Services
TOTAL
Public Comment: Staff has not received public comment.
INFRASTRUCTURE:
11.81
7.74 46.81
20.28
11.88
102 . /
Planning Commission
September 14, 2015
G:\ETC\Development Services Review\2015\Development Review\15-5174 RZN S. End of Rupple Rd. (Striker Dev.) Agenda Item 17
\03 Planning Commission\09-14-2015\Comments and Redlines 15-5174 Striker Dev.
Page 2 of 16
Streets:
The subject property will not have direct access to the newly constructed
Rupple Road (Principal Arterial). Additional streets will be necessary at the
time of development. The area is also accessed by several street stub -outs
from the Mountain Ranch neighborhood to the north-
Water/Sewer:
Both water and sewer mains have been stubbed out of the developments
to the north, but no public utilities currently exist on or near this area. It
shall be the responsibility of the property owner to extend utilities as
needed at the time of development.
Drainage:
Any additional improvements or requirements for drainage will be
determined at time of development. Portions of the subject parcels do lie
within the 100-yr floodplain, and streamside protection areas. The
Hillside/Hilltop Overlay District is present on the easternmost portion of the
property.
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 with the South Rupple Road corridor
rezoning 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.
ACTION: Required
Date: September 14, 2015 O Tabled M Forwarded O Denied
Motion: Chesser
Second: Hoffman
Vote: 9-0-0 Note; Forwarded with a recommendation for approval.
CITY COUNCIL ACTION: Required
Date: O Approved O Denied
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 Rural Area along the steep eastern portion of the property
currently zoned RSF-2 and proposed to be zoned RSF-4. Natural Area designations are also
Planning Commission
September 14, 2015
G:\ETC\Development Services Review\2015\Development Review\15-5174 RZN S- End of Rupple Rd- (Striker Dev.) Agenda Item 17
\03 Planning Commission\09-14-2015\Comments and Redlines 15-5174 Striker Dev,
Page 3 of 16
located along isolated floodplains. Almost the entire area is on the Enduring Green Network map
because it is largely undeveloped and contains high environmental quality including remnant
prairie habitat and steep slopes.
This area has been indicated on the FLUM to be developed at moderate to medium density for a
number of years, except for the hillside areas that were anticipated for low density and minimal
impacts to the hillside/hilltops. The applicant's proposal to rezone the area is generally consistent
with the FLUM designation for preservation of riparian areas and development of increased
density in other areas. However, the applicant's proposal to rezone approximately 9.79 acres of
Rural Area from RSF-2 to RSF-4 conflicts with the adopted land use plan and council's original
intent for low density development and reduced impact to these prominent hillsides.
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. 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 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. The applicant's proposal does not directly follow
the Natural Area designation. However, the applicant indicated to staff that specific study by the
engineer of record for the Rupple Road corridor project (also the applicant) indicated that the
current rezoning proposal more directly follows sensitive environmental areas located in the field
than the Natural Area boundary that follows the FEMA floodplain maps.
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.
• Rural Residential Areas recognize existing low -density, large lot residential
development, but are identified to encourage the conservation and preservation of
woodlands, grasslands, or agricultural lands that are sparsely settled. They may or may
not have adequate street and water infrastructure or public services, such as police and
' Fayetteville Natural Heritage Association Environmental Working Group Map 2008-2009
Planning Commission
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fire, to support urban or suburban densities and development patterns nor should these
services be expanded to accommodate further growth unless they are in line with guiding
principles further outlined in City Plan 2030.
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The proposed zoning is generally compatible with the surrounding
residential properties to the north by proposing similar single family
detached zoning and also expanding the R -A zoning along the northern
property line for conservation of floodplain and riparian areas identified by
the applicant in the field. The zoning would introduce 11.88 acres of CS
zoning along the western portion of the site expanding the more intense
development anticipated along Rupple Road into the property then
transitioning to lower density NC and RSF-4 districts further east on the
property.
The proposal to rezone the RSF-2 property on the eastern is not consistent
with the adjacent zoning and development patterns that are anticipated for
low density and preservation of steep hillsidelhilltop areas. Staff
recommends denial of this portion of the rezoning.
With the exception of the proposal to remove the RSF-2 zoning, the rezoning
is generally consistent with planning objectives, principles, and policies put
forward in the City Plan 2030 and the FLUM. The concept for planned
development of this area has been anticipated for many years. Higher
density/intensity and form -based mixed use zoning allows a variety of land
uses in one area. This allows development to reach the required threshold
needed for public transit and non-residential goods and services within
walking distance of residential neighborhoods, consistent with City Plan
2030.
While the rezoning of the R -A portion of the site does not exactly match the
FLUM's designation of Natural Areas, the applicant proposes to shift the R-
A areas more to the north netting an increase of 6.35 acres of R -A property
intended for conservation and/or preservation of sensitive areas. The
applicant's refinement of the zoning lines is expected given that the South
Rupple Road rezoning was completed by City staff at a large scale (642
acres) without information on specific development proposals or detailed
field analysis.
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 development of this area (also see Finding No. 1). The City will be
commencing construction of the Rupple Road project in the next few
months. The rezoning is needed because of the impending development
pressure that will result from this project. A detailed review and modification
Planning Commission
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of the zoning of the applicant's property is appropriate given that the
applicant has a specific development proposal that was not accurately
accommodated in the recent rezoning of 642 acres also proposed by staff.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: This rezoning will not substantially increase traffic on surrounding roads
over the existing zoning. 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 I-
49 which will alleviate congestion at I-49/Wedington Road interchange. The
extension of approximately 11.88 acres of CS zoning without a direct
connection to Rupple Road will require additional connection points to the
west that will be required at the time of development.
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 would increase population density over the existing
zoning. 11.88 acres of the western portion of the property would change from
R -A and NC to CS zoning. CS allows unlimited density and non-residential
uses. However, development of this area has been anticipated and is being
spurred by the City's development of the Rupple Road project. The
applicant's zoning change would not undesirably increase load on public
services over the existing zoning. -
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted under its
existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even though there
are reasons under b (1) through (4) above why the proposed zoning is not
desirable.
Finding: N/A
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
Existing and proposed zoning criteria
• Staffs request letter
Rezoning exhibit
Current land use map
Close up map
Future land use map
One mile map
Planning Commission
September 14, 2015
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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.
(R) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 3
Public Protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husband
Unit 8
Single-family dwellings
Unit
Two-famIly dwellings
Unit 37
Manufactured homes
Unit 41
Accesso dwellings
Unit 43
Animal boarding 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-hallII
(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
ji 35 ft 1 20ft 351t
(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), 6-1698; 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
September 14, 2015
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161.06 District RSF-2, Residential Single -Family — Two Units Per Acre
(A) Purpose. To provide a single-family dwelling transition zone between single-family neighborhoods that have developed with
larger lot sizes (one acre and over) and areas that have developed with smaller lot sizes {8,000 sq. ft.), and 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.
(C) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
(D) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cottage Housing Development
(E) Density
Units per acre I 2 ii
(F) Bulk and area regulations
Lot width minimum
loon
Lot area minimum
17,860 Sq. Ft.
Land area per dwelling unit
17,860 Sq. Ft.
(G) Setback requirements.
Front Side Rear
30 ft. rWfL 30 h.
(H) Building height regulations,
Builtlinq Height Maximum 145 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 1991, §160.045; Ord. No. 3792, §4. 5-17-94; 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. 5462, 12-6-11)
Planning Commission
September 14, 2015
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161.07 District RSF-4, Residential Single -Family - Four Units Per Acre
(A) Purpose. The RSF- 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.
II Permitted eses.
Unit 1
City-wide uses right
Unit6
Single-familydwellinps
Unit 41
Accessory dwellings
(21 Condifinnaf uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cottage Housing Development
(C) Density
Single-family
dwellings
Two-family
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.
Lard 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.
12,000 sq.-ft.
District Lot area
minimum
Land area per
8,000 sq. ft-
6,000 sq. ft.
dwelling unit
(E) Setbackrequirements.
Side Rear
15ft Sit. 15ft.
(F) Building height regulations
Huildiag 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).
(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
September 14, 2015
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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.
f1 Permitted uses
Unit 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 dwellings
Unit 10
Three-family dwellings
Unit 13
Eating laces
Unit 15
Neighborhood Shopping oods
Unit 18
Gasoline service stations and drive-
in/drive through restaurants
Unit 24
Home occupations
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 44
Cottage Housing Development
Unit 45
Small scale production
Nnfn- Anv rnmhinatinn of ahnve uses is permitted upon anv I
with pre -approved uses.
(2) Conditional uses.
Unit 2
City-wide uses by
conditional use permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping oods
Unit 17
Transportation, trades and services
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting
recyclable materials
Unit 34
Liquor stores
Unit 335
Outdoor music establishments
Unit 36
Wireless communication facilities'
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies _ _ ,_-
of within this zone. Conditional uses shall need approval when combined
(C) Density. None
(D) Bulk and area regulations.
( 1) Lot width minimum
Dwelling 'Tie it
Ali others _______, None
(2) Lot area minimum. None
IL) Setback regulations
Front A build -to zone that is located
between 10 feet and a line 25
feet from the front property line.
Side and real None
Side or rear, when contiguous to a I 15 feet
single-family residential district:
(F) Building Hei ltt Rec uletiens.
ir Building Height Maximum I 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
September 14, 2015
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Page 10 of 16
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 98: Noise
Control, the Neighborhood Conservation district is a residential zone.
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
(2) Conditional uses.
Unit 2
City-wide uses by
conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 12
Limited Business
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 26
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 40 ft.
Two Family Soft.
Three Family ______, 90 ft.
(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
5ft.
Rear
5ft.
Rear, from center line of ` 12 ft
an alley I _
(F) Building height regulations.
Building Height Maximum f45 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
September 14, 2015
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Page 11 of 16
J O RG E N S E N
124 W sunbndRe Drive, suite 5
Fayetteville, AR 72703
O
82,48027
Fax 479 782 4807
r�
+ASSOCIATES
x.479
August 4, 2015
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
Attn: Development Services
Re: Mountain Ranch Rezoning
This letter is in regards to a proposed rezoning and the following required information:
A. The current owner of this site is as follows: Striker Development, Inc
B. Currently this property is zoned R -A, CS, RSF-2, RSF4, and NC. The reason for the requested rezoning
is to re -align current zoning lines to fit more properly within the bounds of the development.
C. The property to the north is RSF-4, on the east on top of the hill is RSF-2, to the west and south,
there is Community Services, R -A, and NC. We feel that realigning the zonings within this property
will be compatible with the surrounding zonings.
D. Existing water and sewer are already at this site (8" Water and Sewer run along Powderhorn).
E. We feel the requested zonings are in line with the goals of the City Plan 2030 for rezoning and
development in the future to be consistent with the recent rezoning along Rupple Road.
F. This rezoning is needed at this time to aid in cleaning up the current zoning lines to allow this
property to develop and coincides with the construction of Rupple Road.
G. This development will not adversely affect the existing or proposed streets in the area.
H. The potential to increase the population density in this area as a result of this rezoning would aid in
supplying a demand to existing commercial uses in the area and the proximity to the existing schools
and Boys & Girls club further support this rezoning request.
I. The current zoning lines do not follow a pattern which would lend itself to an efficient or proper
alignment of lots within the proposed development.
Sincerely;
Jorgensen, P.E.
Planning Commission
September 14, 2015
Agenda Item 17
15-5174 Striker Dev.
Page 12 of 16
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11.81 acres
10.93 acres
47.24 acres
19.84 acres
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"Ir tt, NC 33.93 acres 19.84 acres
CS 0.22 acres 11.88 acres
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O. BOX 1607 FAYETTEVILLE, AR. 72702 • 4'9-442-1700 • FAX: 479-695-1118 - WWW.NWADG.COM
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat Gazette, printed and published in
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
Ord. 5807
Was inserted in the Northwest Arkansas Democrat
Gazette on:
October 15, 2015
Publication Charges: $ 103.76
W
Cathy Wiles
Subscribed and sworn to before me
This Zi day of ()L+ , 2015.
AytLtom-oowt �
Notary PublicO
My Commission Expires: -7 / ZIZS
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
ASHLEY DAVIS
Arkansas - Washington county
Notary Public - Commi 12694247
My Commission Expires Jul 2, 2925
RECEIVED
0CT 82Q15
CITY OF
OFFICE