HomeMy WebLinkAboutOrdinance 5494 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID: 014582290005 Type: REL
Kind: ORDINANCE
Recorded: 05/09/2012 at 12:45:11 PM
Fee Amt: $35.00 Pace 1 of 5
Washincton Countv. AR
Bette Stamos Circuit Clerk
File20i12-0001321 Q V
ORDINANCE NO. 5494
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 12-4042, FOR APPROXIMATELY 4.90 ACRES,
LOCATED AT 1700 OLD WIRE ROAD FROM RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD
CONSERVATION, SUBJECT TO A BILL OF ASSURANCE.
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 RSF-4, Residential Single Family, 4
units per acre to NC, Neighborhood Conservation, 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.
Section 3: That this property is subject to a Bill of Assurance offered by the property
owner and runs with the land, which limits the use of the property to exclude duplexes and multi-
family dwellings and the number of single family lots to 20 as shown in Exhibit "C" attached
hereto and made a part thereof.
PASSED and APPROVED this 17th day of April, 2012.
APPROVED: ATTEST:
By" By � 'mac
�kfQELDJ N, Mayor SONDRA E. SMITH, City Clerk/Trealy
glU°
a��e G\ F°• PC 'z
'FAYETTEVILLE:
h'9•RK0.,1. ?
seNi,�NGe OO,,
tae�G�'aa`a
EXHIBIT "A"
RZN12-4042 COOPER AND WILLIAMS
Close Up View
F! Rafal
R f.
a SUBJECT PROPERTY
�f
r
i
ea%yam
w
BRDADVIEW DR r
O 4�
CALVIN ST :
Legend
............• Oulti-Use Trail (Exis&g) CAIN OR
Future Trails
Fayetteville City Limits
6 ZN12-4042
Footprints 2010
- Hillside-Hilltop Ovi irlay District
Design Overlay Di trict
Design Overlay Di trict
0 125 250 500 750 1,000
------ Planning Area Fre,
EXHIBIT "B"
RZN 12-4042
A PART OF THE S '/z OF THE SE 1/4 OF SECTION 3, AND A PART OF THE N '/� OF
THE NE 1/4 OF SECTION 10, ALL LOCATED IN T-16-N, R-30-W, FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS, DESCRIBED AS COMMENCING AT A STONE
MARKING THE SOUTH-QUARTER CORNER OF SAID SECTION 3, AND CONTINUING
THENCE ALONG THE COMMON BOUNDARY OF SAID SECTION 3 AND 10, S
86°33'51" E 953.19 FEET TO A POINT IN THE CENTERLINE OF OLD WIRE ROAD, AND
CONTINUING ALONG CENTERLINE OF SAID ROAD N 32038' 46" E 159.08 FEET AND
N 340 35' 57" E 118.87 FEET TO A POINT IN THE CENTERLINE OF SAID ROAD, AND
THENCE LEAVING SAID ROAD S 87020' 06" E 136.15 FEET TO A POINT ON THE
NORTH BOUNDARY OF SAID PARCEL OF LAND, SAID POINT BEING AN IRON PIN
AND THE POINT-OF-BEGINNING;
THENCE S 87020'06" E 743.48 FEET TO THE NORTHEAST CORNER OF SAID PARCEL
OF LAND; THENCE ALONG THE EAST BOUNDARY OF SAID PARCEL OF LAND, S
02052'43" W 242.08 FEET TO THE NORTHWEST CORNER OF RAMSEY ADDITION:
THENCE ALONG THE WEST BOUNDARY OF SAID RAMSEY ADDITION S 03017'30"
W 123.51 FEET TO THE NORTHEAST CORNER OF CITY PARK DEDICATION AREA
DESCRIBED ON THE FINAL PLAT OF HIDDEN LAKE ESTATES: THENCE ALONG THE
NORTHERN BOUNDARY OF SAID CITY PARK DEDICATION AREA N 77048'42" W
534.94 FEET,N 52°39'31" W 232.71 FEET, N 22-27'14" W 70.26 FEET AND N 07°58'58" E
81.41 FEET TO THE POINT-OF-BEGINNING, CONTAINING 4.90 ACRES, MORE OR
LESS.
Exhibit "C'
RZN 124042
page 1 of 2
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification, the
owner, developer, or buyer of this property, (hereinafter "Petitioner") W-Bar Investments, LLC,
hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and
contract with the City of Fayetteville, Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to enforce any
and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and
agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of
Assurance, substantial irreparable damage justifying injunctive relief has been done to the
citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville
Planning Commission and the Fayetteville City Council will reasonable rely upon all of the
terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's
rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's
property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville
City Council.
1. The use of Petitioner's property shall be limited to Single Family Detached units.
Multi Family and or Duplex units will not be allowed.
2. Other restrictions including number and type of structures upon the property are
limited to a maximum of 20 single family lots with no more than two stories.
3. Specific activities will not be allowed upon petitioner's property include the
development and or construction of Multi Family and or Duplexes.
4. (Any other terms or conditions)None.
5. Petitioner specifically agrees that all such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by Resolution of the
Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington
County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any
Final Plat or Large Scale Development which includes some or all of Petitioner's property.
Exhibit "C'
M 12-4=
page 2 of 2
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, I, Jackson Williams, as the owner, developer or buyer (Petitioner) voluntarily offer all
such assurances and sign my name below.
3 - iz -- 12-
Date Printed Name
,o, aox 3�
Address �(�7
rG G B V,//e
7;'7 si ure
NOTARY OATH
STATE OF ARKANSAS
'ecrlkon ) .ss
COUNTY OF W* }P } I
And now on this the /� day of 7yI� 201L appeared before me,
�} of42h
.n;r-�_ l� hiG ' a Notary Public, and after being placed upon his/her oath swore
or affirmed that lic/shr agreed d with the terms of the above Bill of Assurance and signed his/her
name above.
NO A Y Pte— UBLIC
My Commission Expires:
/n-31 adr3
ti! °,uErl;;ie
12- Hyde
`.auoeiy iSf l'vsn�o
? Nra'ary Azkansas
Washington County, AR
I certify this instrument was filed on
05/09/2012 12:45:11 PM
and recorded in Real Estate
File Number 2012-00013218
Bette Stamps-Circuit Clerk
by
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
4/3/2012
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
Action Required:
RZN 12-4042: Rezone (1700 OLD WIRE ROAD/COOPER AND WILLIAMS, 369): Submitted by Tim Cooper and
Jackson Williams for property located at 1700 OLD WIRE ROAD. The property is zoned RSF-4, Residential Single
Family, 4 units per acre and contains approximately 4.90 acres. The request is to rezone the subject property to NC,
Neighborhood Conservation, subject to a Bill of Assurance.
Cost of this request Category/Project Budget Program Category/Project Name
f
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
p%?I1/ Previous Ordinance or Resolution#
Department Di ector Date
Original Contract Date:
'f L Original Contract Number:
City Altor p Date
—P—P ('� 3-dS -2417-
Finance and Internal Services Director Date Received in C(4y
Clerk's Office
khiof St Date EII
Received in
Mayor's Office
�M or to
Comments:
Revised January 15,2009
Vel
aye e THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
S
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Andrew Garner, Senior Planner
Date: March 13, 2012
Subject: RZN 12-4042 (1700 Old Wire Road/Cooper and Williams)
RECOMMENDATION
The Planning Commission and staff recommend approval of an ordinance to rezone the subject property from RSF-
4, Residential Single-family, 4 units per acre to NC,Neighborhood Conservation, subject to a Bill of Assurance.
BACKGROUND
The property is zoned Residential Single-Family Four Units Per Acre (RSF-4), and contains 4.9 acres located at
1700 Old Wire. The site is an undeveloped pasture with access off of Old Wire Road and secondary access off of a
long driveway to Old Wire Road that provides access to the adjacent property to the north. The western portion of
the property adjacent to Old Wire Road is located within the floodplain of Niokaska Creek.
On December 20, 2011 the City Council approved RZN 11-3960 (Cooper and Williams) to rezone approximately
8.60 acres to NC, Neighborhood Conservation, subject to a Bill of Assurance. This 8.60-acre site is immediately
adjacent to the east and north of the subject property.
The applicant has submitted an application to rezone the site, approximately 4.9 acres, from RSF-4 to NC,
Neighborhood Conservation. The applicant has stated that the intent is to develop the property for smaller single
family lots than permitted by the underlying RSF-4 zoning. The applicant has offered a Bill of Assurance that would
limit the use to 20 single family residences, multi-family or duplex units will not be allowed.
DISCUSSION
On March 12, 2012 the Planning Commission forwarded this item to the City Council with a recommendation of
approval with a vote of 5-0-0.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 12-4042, FOR APPROXIMATELY 4.90 ACRES,
LOCATED AT 1700 OLD WIRE ROAD FROM RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD
CONSERVATION, SUBJECT TO A BILL OF ASSURANCE.
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 RSF-4, Residential Single Family, 4
units per acre to NC, Neighborhood Conservation, 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.
Section 3: That this property is subject to a Bill of Assurance offered by the property
owner and runs with the land,which limits the use of the property to exclude duplexes and multi-
family dwellings and the number of single family lots to 20 as shown in Exhibit "C" attached
hereto and made a part thereof.
PASSED and APPROVED this day of 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN12-4042 COOPER AND WILLIAMS
Close Up view
y0�
RSF4
-- ASMST=— .
QRA
a 9 SUBJECT PROPERTY
egDRoy
O PI
H
VC
w
i
BROADvI y
Ew DR ; C
CALVINST .�
Legend
........ Multi-Use Trail (Exis&g) Cn1NDa
.,Future Trails
Fayetteville City Limits
L0Xj,RZN12-4042
Footprints 2010
- Hillside-Hilltop Ovi rlay District
Design Overlay Di 5trict
Design Overlay Di trict
0 125 250 500 750 1.000
------ Planning Area Feet
EXHIBIT "B"
RZN 12-4042
A PART OF THE S %2 OF THE SE 1/4 OF SECTION 3, AND A PART OF THE N %2 OF
THE NE 1/4 OF SECTION 10, ALL LOCATED IN T-16-N, R-30-W, FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS, DESCRIBED AS COMMENCING AT A STONE
MARKING THE SOUTH-QUARTER CORNER OF SAID SECTION 3, AND CONTINUING
THENCE ALONG THE COMMON BOUNDARY OF SAID SECTION 3 AND 10, S
86033'51" E 953.19 FEET TO A POINT IN THE CENTERLINE OF OLD WIRE ROAD, AND
CONTINUING ALONG CENTERLINE OF SAID ROAD N 32038' 46" E 159.08 FEET AND
N 340 35' 57" E 118.87 FEET TO A POINT IN THE CENTERLINE OF SAID ROAD, AND
THENCE LEAVING SAID ROAD S 87020' 06" E 136.15 FEET TO A POINT ON THE
NORTH BOUNDARY OF SAID PARCEL OF LAND, SAID POINT BEING AN IRON PIN
AND THE POINT-OF-BEGINNING;
THENCE S 87020'06" E 743.48 FEET TO THE NORTHEAST CORNER OF SAID PARCEL
OF LAND; THENCE ALONG THE EAST BOUNDARY OF SAID PARCEL OF LAND, S
02052'43" W 242.08 FEET TO THE NORTHWEST CORNER OF RAMSEY ADDITION:
THENCE ALONG THE WEST BOUNDARY OF SAID RAMSEY ADDITION S 03017'30"
W 123.51 FEET TO THE NORTHEAST CORNER OF CITY PARK DEDICATION AREA
DESCRIBED ON THE FINAL PLAT OF HIDDEN LAKE ESTATES: THENCE ALONG THE
NORTHERN BOUNDARY OF SAID CITY PARK DEDICATION AREA N 77048'42" W
534.94 FEET,N 52°39'31" W 232.71 FEET,N 22-27'14" W 70.26 FEET AND N 07058'58"E
81.41 FEET TO THE POINT-OF-BEGINNING, CONTAINING 4.90 ACRES, MORE OR
LESS.
Exhibit "C'
RZN 12-4042
page 1 of 2
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE,ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification, the
owner, developer, or buyer of this property, (hereinafter "Petitioner") W-Bar Investments, LLC,
hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and
contract with the City of Fayetteville, Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to enforce any
and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and
agrees that if Petitioner or Petitioner's heirs, assigns,or successors violate any term of this Bill of
Assurance, substantial irreparable damage justifying injunctive relief has been done to the
citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville
Planning Commission and the Fayetteville City Council will reasonable rely upon all of the
terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's
rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's
property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville
City Council.
1. The use of Petitioner's property shall be limited to Single Family Detached rmits.
Multi Family and or Duplex units will not be allowed.
2. Other restrictions including number and type of structures upon the property are
limited to a maximum of 20 single family lots with no more than two stories.
3. Specific activities will not be allowed upon petitioner's properly include the
development and or construction of Multi Family and or Duplexes.
4. (Any other terms or conditions)None.
5. Petitioner specifically agrees that all such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by Resolution of the
Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington
County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any
Final Plat or Large Scale Development which includes some or all of Petitioner's property.
Exhibit "C"
RZN 12.4042
page 2 of 2
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, I, Jackson Williams, as the owner, developer or buyer (Petitioner) voluntarily offer all
such assurances and sign my name below.
3-/2- /z
Date
�j�cicS' £<L.2 71 w._S
Printed Name
L',y_, Box 3Gc
Address
✓. Ile-....lftZ.
7.71 Si . ure
NOTARY OATH
STATE OF ARKANSAS _}
a on } .ss
COUNTY OF AH TON }
And now on this the I2M day of Y/YI(2rah , 2013M appeared before me,
i&pha i;c rZ. 4G , a Notary Public, and after being placed upon his/her oath swore
or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her
name above.
NO'FAftY PUBLIC
My Commission Expires:
Iy-3t �adr3
Stephas;ie R. Hyde
County or C3emon tff
Notavy Ft blis- Arkansas
81,; .,;,. ".. ;,..;, i.Np 10/311!013
Taye'Eettevll1e
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of March 12, 2012
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: March 5,�, 2012 Undated March 14, 2012
125 W. Mountain St.
Fayetteville, AR 72701
phone: (479) 575-8267
RZN 12-4042: Rezone (1700 OLD WIRE ROAD/COOPER AND WILLIAMS, 369): Submitted
by TIM COOPER AND JACKSON WILLIAMS for property located at the 1700 OLD WIRE
ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY FOUR UNITS PER
ACRE and contains approximately 4.90 acres. The request is to rezone the property to NC,
NEIGHBORHOOD CONSERVATION. Planner: Andrew Gamer
BACKGROUND:
Property Description: The property is zoned Residential Single -Family Four Units Per Acre (RSF-
4), and contains 4.9 acres located at 1700 Old Wire. The site is an undeveloped pasture with access
off of Old Wire Road and secondary access off of a long driveway to Old Wire Road that provides
access to the adjacent property to the north. The surrounding zoning and land use is depicted in Table
1. The western portion of the property adjacent to Old Wire Road is located within the floodplain of
Niokaska Creek.
Background: On December 20, 2011 the City Council approved RZN 11-3960 (Cooper and
Williams) to rezone approximately 8.60 acres to NC, Neighborhood Conservation, subject to abill of
assurance. This site is immediately adjacent to the east and north of the subject property and was
rezoned by the same applicant as the subject rezoning request.
Table 1
Surrounding Zoning and Land Use
Direction
from Site
Land Use
Zoning
North
Single family and rural residential
NC, Neighborhood Conservation; RSF-4,
Residential Single -Family Four Units Per
Acre
South
Clarence Craft Park (City arkland
P-1, Institutional
East
Rural residential
NC, Neighborhood Conservation
West
Clarence Craft Park {gy parkland)P-1,
Institutional
G:\ETC\Development Services Review\2012\Development Review\12-4042 RZN 1700 Old Wire (Cooper & Williams)\03
Planning Commission\03-12-2012\Comments and Redlines
Proposal: The request is to rezone the property from RSF- 4, Residential Single Family Four Units
per Acre, to NC, Neighborhood Conservation. The applicant has stated that the intent is to develop
the property for smaller single family lots than permitted by the underlying RSF-4 zoning.
Public Comment: Staff has received an email from a property own in the vicinity who is opposed to
the rezoning.
RECOMMENDATION:
Staff recommends forwarding RZN 12-4042 to the City Council with a recommendation for approval
based on findings stated herein.
INING COMMISSION ACTION: Required YES
March 12, 2012 ❑ Tabled X , Forwarded 0 Denied
n: Earnest Second: Chesser
5-0-0
Recommendation for approval.
COUNCIL ACTION: Required YES
❑ Approved ❑ Denied
INFRASTRUCTURE:
Streets: The site has access to Old Wire Road. Old Wire Road is an unimproved two lane
residential city street. Street improvements will be evaluated at the time of
development.
Water: Public water is not directly available to the property. There is a 6" water main on a
property to the west of this parcel. Public water main improvements will need to be
extended through the property to provide domestic and fire flow for any proposed
development.
Sewer: Sanitary sewer is available to the site. There is a 12" main that runs through this
property. The capacity of the existing sewer may need to be evaluated at the time of
development to ensure adequate capacity.
Drainage: Standard improvements and requirements for drainage will be required for any
development. The design engineer will be responsible for addressing any drainage
G:\ETC\Development Services Review\2012\Development Review\12-4042 RZN 1700 Old Wire (Cooper & Williams)\03
Planning Commission\03-12-2012\Comments and Redlines
issues at this location with the development design. An increase in peak flow will not
be allowed with any development of this property. This property is affected by the
100 -year floodplain and the Streamside Protection Zones associated with Niokaska
Creek.
Police: The Fayetteville Police Department has not expressed concerns with this request.
Fire: The Fayetteville Fire Department has not expressed concerns with this request.
CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan
designates a majority of this site as Residential Neighborhood Area and a small portion of the site
associated with the Niokaska Creek floodplain as Natural Area.
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: Staff finds the proposal is highly consistent with the land use planning objectives,
principles and policies, as evidenced by the number of guiding policies for
Residential Areas this proposal meets including Residential Area Policy F to:
"Site new residential areas accessible to roadway, alternative transportation
modes, community amenities, schools, infrastructure, and retail and
commercial goods and services. "
This site is surrounded by existing roads. The site is in the core of the City and
within walking distance of an elementary school, a church, and close proximity to
downtown.
The proposed rezoning is also highly consistent with the six major goals of City Plan
2030 as follows:
G:\ETC\Development Services Review\2012\Development Review\12-4042 RZN 1700 Old Wire (Cooper & Williams)\03
Planning Commission\03-12-2012\Comments and Redlines
City Plan 2030
RZN 11-3960 Compliance With City Plan 2030
Goals
Goal 1: We will
This proposed rezoning would allow infill in a well -developed area of Fayetteville. The
make appropriate
property is surrounded by existing development and infrastructure within walking distance
infill and revitalization
of an elementary school. Future development of this site permitted under the proposed
our highest priorities,
zoning district would provide the opportunity for improvements and revitalization to
existing infrastructure. The proposal would allow 'appropriate' residential infill compatible
with the surrounding primarily single-family neighborhoods.
Goal 2: We will
By permitting infill development at a slightly higher density than the existing zoning, the
discourage suburban
proposed rezoning discourages suburban sprawl on the perimeter of the City. Future
sprawl.
development allowed because of this rezoning would be able to take advantage of
proximity to existing utility and public infrastructure and services more than a sprawling
development on the periphery.
Goal 3: We will
The NC zoning district is a form -based district with a build -to zone that would require
make traditional town
development in a traditional town form.
form the standard.
Goal 4: We will grow
The requirements under the City's development codes for street connections would
a livable
improve connectivity in this area of the City, providing more options to residents and
transportation
those traveling through the area.
network.
Goal 5: We will
Preservation of greenspace would be reviewed and required during development.
assemble an
enduring green
network.
Goal 6: We will
The variety of lot sizes allowed because of the rezoning could lead to a mixed -income
create opportunities
neighborhood in this area of the City. Consistent with the intent of this goal, the proposed
for attainable
rezoning is not an isolated attainable housing project all under one zoning district, but
housing.
rather reflects the opportunity to create a more traditional urban neighborhood with
households of varying types, sizes, and economic means.
Rezoning the property will accommodate both the future land use plan for
residential uses, and also allow for a variety of uses and housing types, sizes and
development pattern, thus providing more choices for more citizens. The
proposed zoning that would permit single and two-family residences is also
compatible with the existing land uses and zoning in the immediate area.
Adjacent zoning to the north and east is also NC, Neighborhood Conservation,
and the property adjacent to the south is a City park. The NC zoning will allow
for smaller lots than surrounding largely RSF-4 neighborhoods. This zoning will
introduce the potential for variety of residential housing types in this infill
location within walking distance of Root Elementary School. The Charleston
Place neighborhood is approximately 1,500 feet to the northeast of this site and
is developed in a traditional pattern with similar lot sizes as would be allowed in
the proposed NC zoning. The NC zoning is a form -based zoning that requires a
G:\ETC\Development Services Review\2012\Development Review\12-4042 RZN 1700 Old Wire (Cooper & Williams)\03
Planning Commission\03-12-2012\Comments and Redlines
traditional design and the opportunity for narrow lots and houses closer to the
street, consistent with land use planning policies, and common in other
developed areas of the City.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: As discussed in Finding No. 1, the proposed zoning is justified as it is compatible
with the surrounding zoning and land uses and consistent with the City's Future
Land Use Plan. The property could be developed under the existing zoning
regulations, however the NC zoning is justified in order to provide variety in lot
sizes and to meet market demand for smaller lots.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will generate the potential for additional traffic on the
surrounding street system over the existing RSF-4 zoning. The NC zone would
permit a total of 49 single family lots (a density of 10 units per acre), subject to
preliminary plat approval. The street improvements required as part of the
development should be adequate to account for these additional vehicle trips,
but would be evaluated at the time of preliminary plat.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and sewer
facilities.
Finding: The proposed zoning would potentially increase population density. The
proposed zoning would allow for a total of 29 additional single family lots on
this property over the existing zoning. However, this increase in single-family
residences is consistent with land use, zoning, and development patterns in the
immediate vicinity. This site is located within the core of the City with adequate
surrounding infrastructure.
Increased load on public services was taken into consideration and
recommendations from Engineering, Fire, and Police Departments are included
in this report. Significant adverse impacts to public services would not result
with the incorporation of standard improvements as part of the development.
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
G:\ETC\Development Services Review\2012\Development Review\12-4042 RZN 1700 Old Wire (Cooper & Williams)\03
Planning Commission\03-12-2012\Comments and Redlines
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
(; ETC\nevelopncntServicesRevicwQ012\I)evclopmentReview\12-4042 RZN 1700 Old Wire (Cooper&Williams)\03
Planning Conimission�03-12-2012\Conunems and Redlines
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) Permitted uses.
Unit 1
City-wide uses by right
Unit
Single-farmly 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 5
Government facilities
Unit
Two-family dwellings
Unit 12
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(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.
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.
12,000 sq.-ft.
District Lot area
minimum
Land area per
8,000 sq. ft.
6,000 sq. ft.
dwelling unit
(E)
Setback requirements.
Front
Side
Rear
15 ft.
5ft.
15Th
(F)
Building height re trlations.
Building
Height Maximum I 45 ft. jj
Height regulations. Structures in this District are limited to a building height of45 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)
G:\ETC\Development Services Review\20I2\Development Review\12-4042 RZN 1700 Old Wire (Cooper & Williams)\03
Planning Commission\03-12-2012\Comments and Redlines
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 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-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 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
(C) Density. 10 Units Per Acre.
(D) Bulk and area regulations.
(1) Lot width minimum.
Single Family 40 ft.
Two Family 80 ft.
Three Family 90 ft.
(2) Lot area minimum. 4,000 Sq. Ft.
(E) Setback regulations.
Front
The principal facade of
a building shall be built
within 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
12 ft.
of an alley
(F) Minimum buildable street frontage. 40% of lot width.
(G) Height regulations. Maximum height is 3 stories or 45 feet which ever is less.
(Ord. 5128, 4-15-08; Ord. 5312, 4-20-10
G:\ETC\Development Services Review\2012\Development Review\12-4042 RZN 1700 Old Wire (Cooper & Williams)\03
Planning Commission\03-12-2012\Comments and Redlines
Rezoning Request
Written Description
1700 N Old Wire Road
Fayetteville, Arkansas 72703
Parcel Numbers:
765-13428-000
765-14066-000
These two parcels encompassing 4.9 acre MOL are currently owned by
Harry O and Hope Cain Jackson. The property is currently pending purchase
by W -Bar Investments, LLC, Jackson Williams, Member.
The current zoning on these parcels is RSF-4 which the minimums allow for
single family 70 ft / 8000 sq ft / setbacks of 15 front / 5 sides / 15 rear on the
lots. The current estimated development cost coupled with the land cost
premium on such a well located parcel directly dictates the need for a
Neighborhood Conservation zone. Neighborhood Conservation serves to
promote and protect neighborhood character and is duly suited for these
residential parcels. The Neighborhood Conservation zone allows for
minimums on single family 40 ft / 4000 sq ft / setbacks of within 25' in front
/ 5' on the side / 5' in the rear and 12' from the center alley line in the rear.
The NC zone specifically meets the needs and characteristics for the
development plan for this parcel. The current proposed development plan for
this parcel includes only single family detached homes designed for smaller
families who are not interested in having a large yard to maintain; rather
their interest lay in having a well kept small footprint in a highly desirable
location.
These parcels are bordered on the North and East by an 8.5 Acre parcel that
was recently rezoned to a Neighborhood Conservation Zone with a Bill of
Assurance restricting the homes to be single family detached with a
maximum of 50 homes. The Southeast corner of this property abuts two
single family parcels located on Ramsey Street. The South and West borders
join land owned by the City of Fayetteville which contains Clarence Craft
Park.
These parcels are located between the existing Principal Arterial
thoroughfare of Mission Blvd to the South and the existing Collector
thoroughfares of Old Wire Road and Ash Street to the West. The appearance
and signage of this proposed development will mesh with the existing
residential feel and function and will serve to only enhance the desirability
of the area.
There is an existing 12" gravity flow sewer line within the Eastern property
line of these parcels. There is also a 36" sewer line to the West at Old Wire
Road, an 8" line on Ash Street to the North, a 6" line on Charlee Avenue to
the West and a 10" line in the creek to South, all of which are gravity flow.
There is an existing 36" water line located at Old Wire Road, and 8" on both
Ash Street and Charlee Avenue thus there should be no significant or
undesirable increase on the load of the water and sewer facilities.
Neighborhood Conservation by definition is a residential zone and is
compatible with the surrounding properties current uses as well as those
detailed in the Future Land Use 2030 plan as a Residential Neighborhood
Area. The goal of this rezoning matches the existing goals of the current
City Plan 2025 long range master plan in the areas of infill, encompassing
the traditional town form, having a low impact on the existing transportation
system, maintaining a green focus as well as filling a need in Fayetteville for
a smaller, well located home for small families. The location of these subject
parcels are such that there are many opportunities for connectivity to
existing dead end streets, sidewalks and bike paths when coupled with the
existing Neighborhood Conservation Zone parcel to the North and East.
This zoning request is justified and needed at this time as the small families
in Fayetteville have very limited options for small footprint single family
homes located near the Fayetteville City Centers, shopping, entertainment,
schools, art and culture.
When one considers the location of these parcels being adjacent to
Neighborhood Conservation Zone to the North and the East and the goals of
the Fayetteville City Plan 2025, Future land Use Plan and Master Street Plan
the conclusion can be made that this proposed rezoning coupled with the
development plans will stand to support the overall goals of these plans and
NOT appreciably increase traffic danger, congestion, or the load on the
existing schools.
The ever escalating cost of new subdivision infrastructure designed and built
to the thorough City of Fayetteville standards coupled with the premium for
well located, undeveloped infill property dictates the need for a change in
this property's existing zoning classification. The effort set forth in making
this zoning change will benefit and fill a much needed and currently
unfulfilled niche for the smaller families in Fayetteville who choose to live
on a well located smaller footprint in town.
��� (C Ig1J3j I/1 35 1/l 35 I/1 3)
1��T1T'\lam ca.a-ray ,eaa.z n e
or�
r � '
rya.
.1%
VY6///J� 4�• ® 4 C]6Y 3
Po P
� >�• ________
i 9bi
(315/2012) Andrew Garner - Re, 3-12-12 P ing Commission Agenda Page 1
From: Amy Rossetti <ahrmdr@aol.com>
To: <agarner@ci.fayetteviile.ar.us>
Data: 3/5/2012 12:35 PM
Subject: Re: 3-12-12 Planning Commission Agenda
Andrew,
Thank you for the information. The NC regulation says there can be 10 units per acre and also permits 2 -family dwellings. Does a
2 -family dwelling count as 2 units or 1 unit?
I really think this much development in the area is unwise. I plan to oppose the idea and encourage others to as well. There is such
a great traffic problem in the are and this will only make it worse. It will bring a total of 100 units to an already overcrowded portion
of the city. The Parks & Recreation 10 year Master Plan recommends that the city acquire the land adjacent to Clarence Craft Park.
I believe the land being considered for rezoning is adjacent to that park. Isn't it okay to have some green space or is that objective
of the city plan being abandoned?
Amy Rossetti
----Original Message ----
From: Andrew Garner <agarner@ci.fayetteville.ar.us>
To: Amy Rossetti <ahrmdr@aol.com>
Sent: Mon, Mar 5, 2012 12:04 pm
Subject: Re: 3-12-12 Planning Commission Agenda
The Planning Commission only make a recommendation to the City Council. We will publish our formal recommendation on this
request the Thursday. I think we will recommend in favor. See the attached Neighborhood Conservation zoning regulations.
>>> Amy Rossetti <ahrmdr@aol.com> 3/5/2012 10:42 AM >>>
Do you plan to recommend that the Planning Committee approve it?
Please refresh my memory, what does Neighborhood Conservation zoning mean?
Thank you,
Amy Rossetti
-----Original Message —
From: Andrew Gamer <agarner@ci.fayetteville.ar.us>
To: Amy Rossetti <ahrmdr@aol.com>
Sent: Mon, Mar 5, 2012 10:29 am
Subject: Re: 3-12-12 Planning Commission Agenda
Ms. Rossetti,
No, the applicant has not submitted a Bill of Assurance forthis request.
Andrew
Andrew M. Gamer, AICP
Senior Planner
City of Fayetteville
125 West Mountain Street
Fayetteville, Arkansas 72701
(31512012) Andrew Garner - Re: 3-12-12 P1. ng Commission Agenda Page 2
Tel.479.575.8262
Fax.479.575.8202
agarner@dlayetteville.ar.us
www. accessfayetteville. org
Telecommunications Device for the Deaf: (479) 521-1316
>>> Amy Rossetti <ahrmdr@aol.com> 315/2012 9:49 AM >>>
Mr. Gamer.
Is there a Bill of Assurance that accompanies this request?
RZN 12-4042: Rezone (1700 OLD WIRE ROAD/COOPER AND WILLIAMS, 369): Submitted by TIM COOPER AND JACKSON
WILLIAMS for property located at the 1700 OLD WIRE ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY
FOUR UNITS PER ACRE and contains approximately 4.90 acres. The request is to rezone the property to NC, NEIGHBORHOOD
CONSERVATION. Planner: Andrew Garner
Thank you,
Amy Rossetti
a
7, v
Li
�L.
w�.
'`f
i
it
.•,
1:
IIAThIIWS
�
Y
�
1' A
TAJA4
rte'
RZN 12-4042
Close Up View
MI
BROADVIEW DR
P-1
CALVIN ST !!
Legend
,Multi -Use Trail (Exis4g)
•••.„•• /Future Trails
L. _ Fayetteville City Limits
Footprints 2010
Hillside -Hilltop
[_ ! Design Overlay
Design Overlay
------ Planning Area
District
COOPER AND WILLIAMS
z
z
O (3
o O
x
CAIN DR
RSF-4
0 125 250 500 750 1.000
Feet
4
U
RZN 12-4042
Future Land Use
Legend if
II
-"- Multi-Use/Trail (Existing)
emoaov �I1ppVails
_ _ Fayetteville City Limits
FUTURE LAND 1USE 2030
CLASS
i&tu(al Area o
Rur1i31Area
Residential Neighborhood Are4
l!Clty Neighborhood Area
-IUrban Center Area
Omfth(vic and Private Open
Civic Institutional
Non -Municipal Goveml
ROW
O RZN12-4042
Design Overlay District
Design Overlay District
-• Planning Area
COOPER AND WILLIAMS
SUBJECT PROPERTY
6 h�
0 125 250 500 750 1.000
Feet
IAJ
W
NORTHWEST ARKANSAS DEMOCRAPGAZETTE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
�III�.��yl • ♦ S 1 ii E SLLC THE MORNING NEWS S TEMES
BENTOGERS
NORTNWCOUNTY AIILLYARECORD
212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479-442.1700 1 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arkansas, bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
City of Fayetteville
Ordinance 5494
Was inserted in the Regular Editions on:
April 26, 2012
Publication Charges: $ 64.85
Karen Caler
Subscribed and sworn to before me
This p day of �?��, p _ , 2012.
Notary Public
My Commission Expires: 2 'Zo/Zo, 4.
ra+
kfrypT
aa-S .y;
gentnrn + se`
MY Corn" ss26 ?Q %
Fensuarv�_..�---'
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
RECEIVED
APR 3 0 2012
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE