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HomeMy WebLinkAboutOrdinance 5517 ►s►►►i►i►►►h►ii►►i►►i►ilii►iii►►hill►i►►►►iiii►lii►ii►►►►l Doc ID: 014788650003 Type. REL Kind: ORDINANCE Recorded: 09/12/2012 at 09:53:00 AM Fee Amt: $25.00 Pace 1 of 3 Washinaton Countv. AR Bette /'')Stamps Circuit Clerk !� File2012-00027291 ORDINANCE NO. 5517 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 12-4146, FOR APPROXIMATELY 1.80 ACRES, LOCATED AT 4054 AND 4076 WEST STARRY NIGHT VIEW AND 1907 NORTH BEST FRIEND LANE FROM R-PZD 09-3439 OAKBROOKE III TO RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from R-PZD 09-3439 Oakbrooke III to RSF-8, Residential Single-family, 8 Units Per Acre, 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 this 21s`day of August, 2012. APPROVED: ATTEST: By: By: IONELD JO ,Mayor SO RA E. SMITH, City Clerk/Treasurer `�FtYJTR .h :vim A' :FAYETTEVILLE: EXHIBIT "A" RZN12-4146 OAKBROOK 3 Close Up View R. NEW BR�oGE RD SUBJECT PROPERTY °......n.••••.. ............ FlIRM.�f„raunrawwi�r ......................... STARRY NIGHT VW FRONTPORCHVW RPZD 2 J J RUA 0 3 Legend m LL ............. Multi-Use Trail (Existing) m Future Trails - _ Fayetteville City Limits ZN12-4146 Footprints 2010 - Hillside-Hilltop Overlay District Design Overlay Di trict Design Overlay Ditrict 0 75 iso 300 45D 600 ------ Planning Area Feet EXHIBIT `B" RZN 12-4146 4054 Starry Night View Lot 52, Oakbrooke Subdivision Phase II County Parcel Number 765-28209-000 4076 Starry Night View Lot 53,Oakbrooke Subdivision Phase II County Parcel Number 765-28210-000 1907 Best Friend Lane Lot 54, Oakbrooke Subdivision Phase II County Parcel Number 765-28211-000 Washington County, AR I certify this instrument was filed on 09/1212012 09:53:00 AM and recorded in Real Estate File Number 2012-c002le9 Belle Stamps by City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/21/2012 City Council Meeting Date Agenda Items Only Jesse Fulcher Planning Development Services Submitted By Division Department Action Required: RZN 12-4146: Rezone (4054 W. STARRY NIGHT VIEW/OAKBROOKE III PZD, LOTS 52, 53, &54, 361): Submitted by PARADIGM DEVELOPMENT ENTERPRISES, INC. for properties located at 4054 &4076 WEST STARRY NIGHT VIEW AND 1907 NORTH BEST FRIEND LANE. The properties are zoned R-PZD, RESIDENTIAL PLANNED ZONNING DISTRICT(OAKBROOK III) and contain approximately 1.80 acres. The request is to rezone the subject properties to RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item = Budget Adjustment Attached Previous Ordinance or Resolution# Deparlment it cter Dale Original Contract Date: Original Contract Number: City Attorney Date Finance and Internal Services Director Date Received in Cit Clerk's Office ` UAII 8-3- �� Ll - Chief of aff _ Date Rjj I t Received in / Mayor's Office g 3 M or Y ate Gomments: Revised January 15,2009 F Vfre evl le THE CITY OF FAYETTEVILLE,ARKANSAS 1 DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff �,p Jeremy Pate, Development Services Director pR From: Jesse Fulcher, Current Planner Date: August 3, 2012 Subject: RZN 12-4146 (4054 W. Starry Night View/Oakbrooke III PZD, LOTS 52, 53, & 54) RECOMMENDATION Planning staff and the Planning Commission recommend approval of an ordinance to rezone the subject property from R-PZD 09-3439 Oakbrookc III to RSF-8, Residential Single-family, 8 Units Per Acre. BACKGROUND The Oakbrooke development consists of approximately 32 acres, zoned R-PZD Oakbrooke I (3.76 acres) and R- PZD Oakbrooke III (28.62 acres). The subdivision is located between Bridgeport Subdivision and Rupple Road. Oakbrooke III, approved in 2010, contains five (5) planning areas, each with separate phasing schedules. Single-family home construction is ongoing in Planning Areas 1 and 3. No permits have been submitted for development in the remaining three Planning Areas. The owner has four years from the project approval date (January 19, 2014) to obtain construction permits for Planning Areas 4 and 5. The subject property proposed for rezoning is approximately 1.80 acres all located within Planning Area II. The property is currently developed with a single-family home and two adjacent vacant lots (Lots 52-54). This property was proposed to be a cottage style development with 14 single-family dwellings positioned around a common greenspace at a density of 7.6 units per acre. The phasing schedule for Planning Area 2 required that permits be obtained by January 19, 2012. No permits were obtained and consequently this area of development is null and void, and there are no development rights for the property. PZD Revocation: If an approved PZD expires the property does not automatically revert back to the original zoning. The property is unable to be developed or subdivided until the old PZD zoning is revoked and a new, valid zoning district is assigned. In an effort to establish a valid zoning district on the subject property the owners have requested rezoning of the subject properties. Proposal: The owners of the 1.80 acres propose to rezone Planning Area II from R-PZD 09-3439 to RSF-8, Residential Single-family 8 units per acre. The lot width requirement for RSF-8 is 50 feet along the public street. The overall property width will restrict development to four single-family lots, a resulting density of 2.20 units per acre. THE CITY OF FAYETTEVILLE,ARKANSAS DISCUSSION On July 23, 2012 the Planning Commission voted 9-0-0 to forward this request to the City Council with a recommendation for approval. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 12-4146, FOR APPROXIMATELY 1.80 ACRES, LOCATED AT 4054 AND 4076 WEST STARRY NIGHT VIEW AND 1907 NORTH BEST FRIEND LANE FROM R-PZD 09-3439 OAKBROOKE III TO RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE 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-PZD 09-3439 Oakbrooke III to RSF-8, Residential Single-family, 8 Units Per Acre, 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 this day of 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN12-4146 OAKBROOK 3 Close Up View r, l I ll • l�Cti�'`` JJII -Y- it ,t ..- �{{tit R0. _' I 11 1, A i � - I •'1 �I � i I 1 ff ASL iiL L,L .y I I yr _ -�- { i'� r L`-. '�i ,• L rY, ..ti tf: .. 1 � ll' �rJ h���rttocERu �. 1 11 J +•j r 1 SUBJECT PROPERTY , { -•' r,l. �+M�4rir��1 �#twNN�7.ArPs�....r..+r.wwr.r..r• i rw•u..r. q � I 'r STARRY NIGHT VW FRONT PORCH VW RPZD 3 J R6F•t 0 3 F N Legend m ............. Multi-Use Trail (Existing) m Future Trails _ Fayetteville City Limits LUW ,1RZN12-4146 Footprints 2010 - Hillside-Hilltop Overlay District Design Overlay Di strict Design Overlay Di strict 0 75 150 300 450 600 ------ Planning Area Feet EXHIBIT "B" RZN 12-4146 4054 Starry Night View Lot 52, Oakbrooke Subdivision Phase II County Parcel Number 765-28209-000 4076 Starry Night View Lot 53, Oakbrooke Subdivision Phase II County Parcel Number 765-28210-000 1907 Best Friend Lane Lot 54, Oakbrooke Subdivision Phase II County Parcel Number 765-28211-000 4 D) Proposed Development Phasing - ' Oakbrocke 3 is planned in five phases to be constructed over a seven year period. All required permits necessary to complete the construction will be obtained within five years from City Council approval of the PZD. Anticipated timing for construction of public improvements foresch phase is as follows_. ' PA 1 -All permits necessary to complete construction will be obtained within one year from City Council approval.Final Plat approval shall be obtained within two years of Preliminary Plat approval. PA 2-All permits necessary to complete construction will be obtained within two years from City Council approval.Final Plat approval shall be obtained within three years of Preliminary Plat approval. • PA 3-All permits necessary to complete construction will be obtained within three years from City Council approval.Final Plat approval shall be obtained within five years of Preliminary Plat approval.' • PA 4 -All permits necessary to complete construction will be obtained within four years from City Council approval. Final Plat approval shall be obtained within five years of Preliminary Plat approval. • PA 5-All permits necessary to complete construction will be obtained within four years from City Council approval. Certificate of Occupancy shall be obtained within two years of the building permit approval" 'PA3,which the largest of the PAs is divided into three areas; East,Central and West. Due to the size of PA3,in effort to minimize costs and condense construction areas.PA3 could be submitted in three individual Preliminary Plats. t "PA5 will likely be constructed as Large Scale Developments.As we do not expect construction of both areas to occur simultaneously, PA5 J r is made up of two areas which are designated Mixed Use East and Mixed Use West. E) Proposed Planning Areas - Oakbrooke 3 offers several types of residential living, home-based business, neighborhood shopping and eating places(though limited), and open/botanical areas, as depicted on sheet 2,the"Conceptual Site Plan". The community will offer Single Family Residential (attached and detached),Cottage Homes,and Southern Vernacular Homes,along with Neighborhood Mixed Use. }F Proposed Planning Areas- l • _7.C It R q.. I ['.tr ,• .` PA-1 Single Family I yis r FF alar- - - e t RA3 tetNOnEeS ' ,i — ,Pail's:G6ltrL'HO'fntas f OIIk:I�?.0> Yt: F!.^I7:� D 1.C�Ili?Ic' D',STIICT ig I Planning Arra 2-Collage Homes �n (a) permitted I uses. to pa x.p cf a i s unit Single-family milt'd.y right - t a-•- I — - -J UMI 61 Accessory Dwdlirg rr r L� t InemoNMce with/64.9 of fke UDC �r fen - 4'„ y�!4 rE L p{< (b) Contlltlon.l uses. -.. IPe vz l: "('7 �} 77• x` UM12 City-Mcleusss by conn.use pertrit Kea RP PRIM - Unit4 Cultural ant reo,"10 lfadlitba Rrs ah _ - Unit Fbrle a copelions r h4a rte'.i I��s e� I.� � 197 fcl DenslAtyct. a -7.86 Anes �- sail a4= NunbM of dwelling units -M Units Pr: y � I.>nx Density per acre -7.B Max. r.,. r•f 14a 4 Rr krY1 if— - rl:.: r t s i p I IS, li B la a regulations ■ ai:. a-K` r a IE r-� (e) Lor wltlrh minimum Per tlwelling. lrU SinglefemlY -34 f1 p x • To nihO r'6 e -2411 All Over Uses -None (et Lot area minimum per dwelling. (sq-ff.) single-family -3200 sf The Cottage Home planning area is designed to permit and encourage the Towro9mss -2200 s1 developing of new single family homes in a historic village or "cluster" anMuses -None environment; much like the downtown area. Cottage Homes arranged in a more f tine area per dweumg sort. (sq ft) random placement pastern,some could potentially be attached.This arrangement I t Single-tabily -3200 sf typically provides for less consumption of open or green spaces, and reduces TawMemes -2200 at hard surface paving. Homes would be constructed and sold on individual, but aim-UM -None more compact lots of similar size and use, most facing a highly landscaped (g) Setback requirements. (ft) common lawnibolanical area. Etsnt 2"s Beff Fromina AM O n Ig 25 ft' Wfl" W11 street W11 W ft'• W1 Comrontawn 'The principal fKade of a building shall be built within a build-to zone that is located bdween the front property line ern a line 25 it.from line front property lire ^Deladled structures may belecaed A the side property lire,or ^Zero of line"side setback.W'nrnimrm distance belween detached nomas.Does not apply to garages wNch we detadled from"Prim"structure (h) freight regulations- .3211 (r)Building area- -60% Sit*Planning — (%)Landscaping-per Chapter Rl of the UDC (k) Parking.- per Chapter T/2 oflhe UDC (I)Architectural Design Standards- RdM lu secllon C(B)of this booklet. (m) S= As Iraq be be allowed for home ocnpaions or per Chapter 174 of IWUDG (n)Design Requirements- a.All units shall be detsc ad Sng o-farrily dwellings. b,Mmim.helgM"lbe321t. Front setbacks are delineated within a"build to zone"of 0 ft to 25 ft.However,for a Ae snownonrnawnoeples Bile plan all uMta shill nwaa those lots fronting a public street(Lots 1 and 14),it Is the intent for the front of the priawy M oYcorelding of spgran poRW Orellmr dearly structure to be set at 14 ft.from the front property tine.Homes located on interiorodw �cery l to���1�m v wna.rrrsci lots facing the common green located at the cote of PA2 shall be set back 10 ft ,maI haveamMmmtdlmMlslons of aft by6f1- from the property line of Toe coltMpn open space shell be provided getxtaly ep down wilhdinemu,nSOf approxerAdy Tao ft by 130 fl- Homes should incorporate a usable front porch or stoop,and should be oriented a Tia devdopnreM sba'l includes aMldyorodldltg styles. to face the central common lawn. As with all homes located within Clakbrooke, feabfat.^olnrB end site dmignearTems,Tresnmafroolhi;We facades should be designed to address the view from the public street as well. ss�l m,b�to 0� r nM,rnr®un�and ma)ml be 1.At beset 300 sq It of prlvae.COMlguous open spaC68dlarAd Ig Building coverage on individual lots is typically higher than is typical as would-be each dwdllng shall De pievidedwOhatMMmamdirlarsion e}10 fl. rear yard space is transferred to common green space at the front of the homes. g.No feneeshdl exceed tnreafeet intldgM except wherethefMxue is located a leas)W ft fromthe front of lhefagade of the house. ?01iir; DI TI;IC"l Wetteville ARKANSAS PC Meeting of July 23, 2012 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: July 20, 2012 Updated July 24, 2012 RZN 12-4146: Rezone (4054 W. STARRY NIGHT VIEW/OAKBROOKE III PZD, LOTS 52, 53, & 54,361): Submitted by PARADIGM DEVELOPMENT ENTERPRISES, INC. forproperties located at 4054 & 4076 WEST STARRY NIGHT VIEW AND 1907 NORTH BEST FRIEND LANE. The properties are zoned R-PZD, RESIDENTIAL PLANNED ZONNING DISTRICT (OAKBROOK III) and contain approximately 1.80 acres. The request is to rezone the subject properties to RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE. Planner: Jesse Fulcher BACKGROUND: Background and property description: The Oakbrooke development consists of approximately 32 acres, zoned R-PZD Oakbrooke I (3.76 acres) and R-PZD Oakbrooke III (28.62 acres). The subdivision is located between Bridgeport Subdivision and Rupple Road. Oakbrooke III, approved in 2010, contains five (5) planning areas, each with separate phasing schedules. Single-family home construction is ongoing in Planning Areas I and 3. No permits have been submitted for development in the remaining three Planning Areas. The owner has four years from the project approval date (January 19, 2014) to obtain construction permits for Planning Areas 4 and 5. The subject property proposed for rezoning is approximately 1.80 acres all located within Planning Area II. The property is currently developed with a single-family home and two adjacent vacant lots (Lots 52-54). This property was proposed to be a cottage style development with 14 single-family dwellings positioned around a common greenspace at a density of 7.6 units per acre. The phasing schedule for Planning Area 2 required that permits be obtained by January 19, 2012. No permits were obtained and consequently this area of development is null and void, and there are no development rights for the property. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Zoning and Land Use Direction Land Use Zoning North Undeveloped agricultural land R-PZD 05-1599 South Single-family residential R-PZD Oakbrooke III East Undeveloped subdivision lot R-PZD Oakbrooke III West Undeveloped subdivision lot R-PZD Oakbrooke III PZD Revocation: If an approved PZD expires the property does not automatically revert back to the original zoning. The property is unable to be developed or subdivided until the old PZD zoning is revoked and a new, valid zoning district is assigned. In an effort to establish a valid zoning district on the subject property the owners have requested rezoning of the subject properties. Proposal: The owners of the 1.80 acres propose to rezone Planning Area II from R-PZD 09-3439 to RSF-8, Residential Single-family 8 units per acre. The lot width requirement for RSF-8 is 50 feet along the public street. The overall property width will restrict development to four single-family lots, a resulting density of 2.20 units per acre. Public Comment: Staff has not received any comments. RECOMMENDATION: Staff recommends forwarding RZN 12-4146 (Oakbrooke III Lots 52, 53 & 54) to the City Council with a recommendation for approval based on the findings stated herein. PLANNING COMMISSION ACTION: Required YES Date: July 23, 2012 O Tabled 'I Forwarded O Denied Motion: Chesser Second: Cabe Vote: 9-0-0 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: August 21, 2012 CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scales and context, including single family, multifamily, and row -houses. It encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhood. INFRASTRUCTURE: Streets: The site has access to Starry Night View/Best Friend Lane. Both streets were constructed with the development of this subdivision. Water: Public water is available to the property. There are 8" public water mains extended throughout the development. Sewer: Sanitary sewer is available to the site. There are 8" sanitary sewer mains extended throughout the development. Drainage: Standard improvements and requirements for drainage will be required for any development. This property is not affected by the 100 -year floodplain and the Streamside Protection Zones. Police: The Police Department does not find that this rezoning will affect calls for service or response times. Fire: Staff did not receive objections from the Fire Department to this rezoning. 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 that the RSF-8 zoning district is consistent with the Future Land Use designation of Residential Area on the property and the existing and surrounding land uses and infrastructure. The zoning will allow the owners to develop the property similarly to the original layout and approval under Oakbrooke PZD Phase I and II. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is needed at this time as the existing R-PZD zoning has expired and the property is unable to be developed in any manner, including minor applications such as a lot split or single family residence, until the expired PZD zoning is revoked and a new zoning district is assigned. 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. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed rezone would not increase traffic congestion in comparison to the R-PZD. The RSF-8 zoning will result in less density and vehicle trips than the approved cottage development for Planning Area II. 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: Increased load on public services were taken into consideration and recommendations from the Engineering, Fire, and Police Departments and are included in this report. The proposed zoning change to RSF-8 should have no discernable impact on public services. 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: Not applicable. Staff recommends in favor of the request. 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. (I) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit41 Accessory dwellin s (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 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 per acre 8 or less (D) Bulk and area regulations. (1) Lot width minimum. Single-family 50 ft. Two-family 50 ft. Townhouse, no more than two attached 25 ft. (2) Lot area minimum. Sin le -family 5,000 sq. ft. 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 two attached 2,500 sq. ft. (E) Setback requirements. Front Side Rear 15 ft. 5ft. 5ft. (F) Height regufalionn. fiiilding Height Maximum I 45(1, (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. THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT 1 00-A West Rack Street Fayettevllla, AR 72701 P (479) 567-3555 F (479) 597-3522 6/26/12 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Jeremy, This document is in response to the requested comments on proposed RZN-12-4146 (4054 W. Starry Night View / Oakbrook III PZD, lots 52, 53, & 54, 361) submitted by Paradigm Development Enterprises, Inc. for properties located at 4054 and 4076 W. Starry Night View and 1907 N. Best Friend Lane. It is the opinion of the Fayetteville Police Department that this RZN will not alter the population density, and will not create an appreciable or undesirable increase in the load on police services. In addition this will not create an appreciable increase in traffic danger and congestion. Sincerely, Captain Kenny Yates Fayetteville Police Department TelecammuNcatons Device for the Deaf TDD (479) 521-1310 113 West Mrn;nWin- (ayetteville AR 22701 A written description of this request addressing the following items: a. Current ownership information and any proposed or pending property sales. The Property to be rezoned is currently owned by Hoskins Family Limited Partnership and by Simmons First Bank ofNWArkansas. No sales are pending. b. Reason (need) for requesting the zoning change. Changes due to market conditions and the property currently has no development rights due to an expired PZD. c. Statement of how the proposed rezoning will relate to surrounding properties in terms of land use, traffic, appearance, and signage. Proposed Zoning will be very compatible to the existing zoning of the surrounding neighborhood in terms of architecture, uses, setbacks, etc. Under any zoning, the property will be subject to the rules and regulations of the Oakbrooke Subdivision and its Architectural Control Committee. Formerly, the properly was zoned for 14 cottage -style homes on 1.733 acres, or 8 units per acre. Prior to the property being zoned for cottages, the property was zoned and constructed as three lots fronting public streets. The proposed Zoning is RSF8, however we only intend to develop the property as 4 lots total, thereby decreasing density and impact on infrastructure below its former development rights. d. Availability of water and sewer (state size of lines). This information is available from the City Engineering Division. The property is currently served by a recently installed 8" water main along the street frontage (south property line) and 8" sewer main along the north property boundary. Three of the four proposed lots have private services extended to them. We will have to install a single water and single sewer tap for the 4" lot. No other services are required. e. The degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. As the property is under the restrictions of the Oakbrooke Architectural Controls and the Restrictions of the Oakbrooke Covenants, the property will be built out the same as any other lot within Oakbrooke. Oakbrooke is the quintessential model of the city's current land use and zoning policies. f. Whether the proposed zoning is justified and/or needed at the time of the request. The Proposed Zoning is justified and needed as the property currently has no development rights due to the expiration oft/reformer PZD Zoning. g. Whether the proposed zoning will create or appreciably increase traffic danger and congestion. No. We are actually lowering the total of homes which could be built on the property. Traffic danger and associated congestion will not be exacerbated. h. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. No. We are actually lowering the total of homes which could be built on the property. Infrastructure and schools will receive no negative impact. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification. Currently, there are no uses permitted as the property has no development rights. SIMMONS FIRST BANK OF NORTHWEST ARKANSAS MEMBER FDIC May 21, 2012 Mr. Jesse Fulcher City of Fayetteville Fayetteville, Arkansas Re: lots 52 & 53 of Oakbrook subdivision owned by Simmons First Bank Dear Jesse: Simmons First Bank is joining Paradigm Development in requesting the change of zoning of Oakbrook lots 52, 53 & 54 to RSF8. Since Paradigm Development is more familiar with the requirements of the City of Fayetteville, Simmons First authorized Paradigm Development to take necessary steps on Simmons' behalf to obtain this zoning for both Paradigm Development and Simmons First Bank. Thank you for your consideration. v tennis H. Fer son President 3975 W. NEW HOPE RD. / ROGERS, ARKANSAS 72758 / (479]246-0781 www.simmansfirst.com RZN12-4146 OAKBROOK 3 Close Up View 9 I l. 11-l.. M1 I I 1 JI\}_f. I IV`. f''7F. ' 61 1'li-, l- .rl a• y�. r r r�11 _ 11 rl.. hr .. 1 1 z' I,L _ti.r,.l.l 1'!�-.I,,�lII II :, .. , ,. II14..__ r i• .j 7y}}',r . r 11 ..A '.111'1 '.1 1. S NSWea�peERo �I ±._k , i r)iti SUBJECTPROPERTY .r ►u�+vii 1 'pr -11. . -- -�y1 r► qua�.�•_ s�...a.....a..a..a.a I.t STARRY NIGHT VW FRONT PORCH VW RPZD 3 Z ASF-I Q J Legend W a m LL g m ............• Multi -Use Trail (Existirgg) Future Trails : Fayetteville City Limits I R:iA►kP AE Footprints 2010 Hillside -Hilltop Overlay District LT_] Design Overlay Di trict Design Overlay Di trict 0 75 150 300 450 600 ------ Planning Area •Fast �� I r:r 141, ��—rT..T"ri iw�: �I� I *JY ^eel $yam " lla��'fi� y� •lei n li f•iF �.� 1 \� �' It it Ir: I �� •��Y I- T,� I .11 b c J� ' 1 �f �.w I. '�i 1•Ij 1 _ f jne ' _. g. -Y I 1� iAl � IJhI<. l'a� ii,ar h-1 ' L1"�71p1 Lye. �. ti - L ■ I 1 1 Il��A 1 1 .� �.ac 1 '1 F`; I1�'Y.�-�� '� I�. J-. JJ L�I�Iu■u. •-*.ter=LLilr r,...� try. y-fJ ili'q• J I111h r' � fLfL'+ 1 I k Y I M �t •. •_ �_ I h SIP 1 . rI L-- +M1�,1 il, 'V 1 'j -; .. ,I1�FTc_ __. �I •;..r. �IEECLI NORTHWEST ARKANSAS DEMOCRATGAZETE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE ThE MORNING NEWS OF ROGERS NORTHWEST ARKANSAS liMES N�:WSPAPERSLLC BENTON COUNTY DAILYEECO D 212 NORTH EAST AVENUE, FAYETTEVILLE. ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 4734424700 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 5517 Was inserted in the Regular Editions on: September 6, 2012 Publication Charges: $ 77.82 Subscribed and sworn to before me This day of ©�- , 2012. Notary Public My Commission Expires: tj10\fly, CATHY J. WILES Benton County My Commission Expires February 20.2014 **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED 0CT032012 C TI YOCLERWS OFFICE