HomeMy WebLinkAboutOrdinance 5594IIII [I I [ Illlll III Ill I I IIIII IIIII IIIII IINI I I [l 11111 lllll lllll I I Il 11llll IIII Illl
Dac ID: 0i5300750003 Type: REL
Kind: ORDINANCE
Reoorded: 07/19/2013 at 01:50:14 PM
Fee Arnt: $25.00 Pape 1 of 3
Washington CauntY, AR
Kyle Sylvester Circuit Clerk
Fi1e2413-00024620
ORDINANCE NO. 5594
AN ORDINANCE REZONING THE PROPERTY DESCRIBED IN REZONING
PETITION RZN 13-4384, FOR APPROXIMATELY 6.89 ACRES, LOCATED
AT 1315 NORTH RUPPLE ROAD FROM RSF-7, RESIDENTIAL SINGLE-
FAMILY, 7 UNITS PER ACRE, TO RSF-8, RESIDENTIAL SINGLE-FAMILY,
8 UNITS PER ACRE AND RMF-12, RESIDENTIAL MULTI -FAMILY, 12
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 properties from RSF-7, Residential Single -Family,
7 units per acre to RSF-8, Residential Single -Family, 8 units per acre and RMF-12, Residential
Multi -Family, 12 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 changes provided in Section
1.
PASSED and APPROVED this 2nd day of July, 2013.
APPROVED: ATTEST:
By: By.
O ELD .I AN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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EXHIBIT "A"
RZ N 13-4 384 LEISURE HOMES
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... ... ... ... . Multi -Us 11-rail (Existing)
Future Trails
Fayetteville City Limits .1d. 4V
LUa ZN 13-4384
Footprints 2010
Hillside -Hilltop Overlay District
Design Overlay Di strict
Design Overlay Di ;trict
0 150 300 600 900 1,200
------ Planning Area Feet
EXHIBIT "B"
RZN 13-4384
SURVEY DESCRIPTION RSF-7 TO RMF-12:
A PART OF THE SOUTHWEST QUARTER (SW '/4) OF THE NORTHEAST QUARTER (NE
'/4) OF SECTION 12, TOWNSHIP 16 NORTH (T-16-N), RANGE 31 WEST (R-31-W), OF
THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST (NE) CORNER OF SAID 40-ACRE TRACT, SAID
POINT BEING A FOUND R.R. SPIKE IN THE PAVEMENT OF NORTH RUPPLE ROAD;
THENCE N86058'17"W A DISTANCE OF 30.00 FEET TO A SET IRON PIN WITH CAP
"BSI COA 131", SAID PIN BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF
NORTH RUPPLE ROAD (30 FEET WEST OF CENTERLINE); THENCE CONTINUING
N86058'17"W A DISTANCE OF 320.16 FEET TO A FOUND IRON PIN WITH CAP
"JORGENSON", THENCE S02041'06"W A DISTANCE OF 150.00 FEET TO THE POINT OF
BEGINNING; THENCE S02044'44"W A DISTANCE OF 397.49 FEET TO A POINT;
THENCE N87001'27"W A DISTANCE OF 445.34 FEET TO A POINT; THENCE NO2°43'10"E
A DISTANCE OF 396.51 FEET TO A POINT; THENCE S87°09'02"E A DISTANCE OF
445.52 FEET TO THE POINT OF BEGINNING.
SAID TRACT OR PARCEL OF LAND CONTAINING 4.05 ACRES (176,833 SQ. FT.)
SURVEY DESCRIPTION RSF-7 TO RSF-8:
A PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHEAST QUARTER (NE
'/4) OF SECTION 12, TOWNSHIP 16 NORTH (T-16-N), RANGE 31 WEST (R-31-W), OF
THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST (NE) CORNER OF SAID 40-ACRE TRACT, SAID
POINT BEING A FOUND R.R. SPIKE IN THE PAVEMENT OF NORTH RUPPLE ROAD;
THENCE N86058'17W A DISTANCE OF 30.00 FEET TO A SET IRON PIN WITH CAP
"BSI COA 131", SAID PIN BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF
NORTH RUPPLE ROAD (30 FEET WEST OF CENTERLINE); THENCE CONTINUING
N86058'17"W A DISTANCE OF 320.16 FEET TO A FOUND IRON PIN WITH CAP
"JORGENSON" AND THE POINT OF BEGINNING; THENCE S02041'06"W A DISTANCE
OF 150.00 FEET TO A POINT; THENCE N87°09'02"W A DISTANCE OF 445.52 FEET TO A
POINT; THENCE S02043'10"W A DISTANCE OF 396.51 FEET TO A POINT; THENCE
N87001'27"W A DISTANCE OF 100.00 FEET TO A POINT; THENCE N02043'10"E A
DISTANCE OF 546.29 FEET TO A FOUND IRON PIN WITH CAP " JORGENSON";
THENCE S87009'02"E A DISTANCE OF 545.43 FEET TO THE POINT OF BEGINNING.
SAID TRACT OR PARCEL OF LAND CONTAINING 2.79 ACRES (121,461 SQ. FT.)
Washington County, AR
I certify this instrument was filed on
07/19/2013 01:50.14 PM
and recorded In Real Estate
File Number 2013-00024620
Kyle Sylve ya
uit Clerk
by
City of Fayetteville Staff Review Form
Quin Thompson
Submitted By
City Council Agenda Items
and
Contracts, Leases or Agreements
'7/2/2013
City Council Meeting Date
Agenda Items Only
Planning _ Development Services
Division Department
►action
RZN 13-4384: Rezone (1315 N. RUPPLE RD./LEISURE HOMES, 400): Submitted by CIVIL DESIGN ENGINEERS,
INC. for property located at 1315 NORTH RUPPLE ROAD. The property is zoned RSF-7. RESIDENTIAL SINGLE-
FAMILY, 7 UNITS PER ACRE and contains approximately 6.89 acres. The request is to rezone the property to RSF-
8. RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE and RMF-12, RESIDENTIAL MULTI -FAMILY, 12 UNITS
PER ACRE.
Cost of this request
Account Number
Category / Project Budget
Funds Used to Date
Program Category / Project Name
Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
J a I k (_/%, - A, � I - Z413
Department D ctor Date
City Attorney Date
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Finance and Internal Services Director Date
4 /k•
Chief of S ff Date
C
or f Da e
Comments:
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City
Clerk's Office
�N q
Received in '
Mayor's Office
Revised January 15, 2009
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CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Directolff
From: Quin Thompson, Current Planner
Date: June 10, 2013
Subject: RZN 13-4384: Rezone (1315 RUPPLE RD/LEISURE HOMES)
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
RECOMMENDATION: Staff and the Planning Commission recommend approval of an ordinance to rezone the
subject property, consisting of multiple parcels containing approximately 6.89 acres in total, from RSF-7,
Residential Single Family, 7 units per acre, to RSF-8, Residential Single Family, 8 units per acre & RMF-12,
Residential Multi -family, 12 units per acre.
BACKGROUND: The subject property is located north of Wedington Drive and west of Rupple Road. The
property is zoned RSF-7, Residential Single -Family and contains approximately 6.89 acres. As a part of
successful 2006 rezoning of a large acreage in this area, a Bill of Assurance (attached) was offered, which limits
development on this property to a maximum of 17 single-family homes. Should the current rezoning request be
approved, the Bill of Assurance for the 6.89 acres would no longer be applicable.
The property is within the area encompassed by the Wedington Corridor Plan, which reflected a desire for a
variety of housing options in this area, and a transition from the surrounding single-family residential
neighborhoods to the north and west.
WEDINGTON CORRIDOR PLAN: Wedington Corridor Illustrative Plan, approved March 19, 2013 by the
City Council, identifies an area northwest of the Rupple Road & Wedington Drive intersection as the future
`heart' of the west Wedington neighborhood, and encourages a walkable residential and commercial destination
that would serve as a central node in this expanding part of the City.
Wedington Corridor Plan, pg 37:
At the [Wedington Corridor Design] charrette the public overwhelmingly expressed a desire to
see a walkable urban center develop at the intersection of Wedington Drive and Rupple Road.
At this time, a number of sizable parcels of land are undeveloped northwest of this intersection.
The illustrative plan envisions this area as a complete, compact and connected neighborhood
with civic, residential and commercial uses. The utilization of the City's form based zoning
districts will be essential to ensure that the development pattern prescribed here is walkable
and urban. Form based zoning districts are also much more flexible in allowing for a variety of
residential and commercial densities and intensities. This encourages a diverse mixture of
building types, scales and uses that are not separated from each other but instead are co -
mingled to create a unified, sustainable and cohesive whole.
THE CITY OF FAYETTEVILLE, ARKANSAS
COMPATIBILITY: Staff feels that the requested zoning is appropriate for this property in that it maintains the
opportunity for a variety of land uses and will provide a higher density single-family transition between existing
neighborhoods and the higher intensity uses anticipated along Rupple Road.
DISCUSSION: This item was heard at the Planning Commission meeting of June 10, 2013. There was no public
comment. Staff recommended in favor of the proposed zoning. The Planning Commission voted 6-2-0 to support the
rezoning request, with Commissioners Hoskins and Bunch voting in opposition.
BUDGET IMPACT: None.
ORDINANCE NO.
AN ORDINANCE REZONING THE PROPERTY DESCRIBED
IN REZONING PETITION RZN 13-4384, FOR
APPROXIMATELY 6.89 ACRES, LOCATED AT 1315 NORTH
RUPPLE ROAD FROM RSF-7, RESIDENTIAL SINGLE-
FAMILY, 7 UNITS PER ACRE, TO RSF-8, RESIDENTIAL
SINGLE-FAMILY, 8 UNITS PER ACRE AND RMF-12,
RESIDENTIAL MULTI -FAMILY, 12 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 properties from RSF-7, Residential Single -Family,
7 units per acre to RSF-8, Residential Single -Family, 8 units per acre and RMF-12, Residential
Multi -Family, 12 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 changes provided in Section
1.
PASSED and APPROVED this day of , 2013.
APPROVED: ATTEST:
RA
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN134384 LEISURE HOMES
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- -� Fayetteville City Limits
LWaWVZN13-4384
F_ Ozi Footprints 2010
Hillside -Hilltop Overlay District
^_ ! Design Overlay Di 5trict
Design Overlay Di 3trict
------ Planning Area o 1G sao
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RSF-7.
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CONGRESSIONAL ST
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EXHIBIT "B"
RZN 13-4384
SURVEY DESCRIPTION RSF-7 TO RMF-12:
A PART OF THE SOUTHWEST QUARTER (SW '/4) OF THE NORTHEAST QUARTER (NE '/4) OF
SECTION 12, TOWNSHIP 16 NORTH (T-16-N), RANGE 31 WEST (R-31-W), OF THE FIFTH
PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST (NE) CORNER OF SAID 40-ACRE TRACT, SAID POINT
BEING A FOUND R.R. SPIKE IN THE PAVEMENT OF NORTH RUPPLE ROAD; THENCE
N86058'17"W A DISTANCE OF 30.00 FEET TO A SET IRON PIN WITH CAP "ESI COA 131", SAID
PIN BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF NORTH RUPPLE ROAD (30 FEET
WEST OF CENTERLINE); THENCE CONTINUING N86058'17"W A DISTANCE OF 320.16 FEET
TO A FOUND IRON PIN WITH CAP "JORGENSON", THENCE S02°41'06"W A DISTANCE OF
150.00 FEET TO THE POINT OF BEGINNING; THENCE S02°44'44"W A DISTANCE OF 397.49
FEET TO A POINT; THENCE N87°01'27"W A DISTANCE OF 445.34 FEET TO A POINT; THENCE
N02043'10"E A DISTANCE OF 396.51 FEET TO A POINT; THENCE S87009'02"E A DISTANCE OF
445.52 FEET TO THE POINT OF BEGINNING.
SAID TRACT OR PARCEL OF LAND CONTAINING 4.05 ACRES (176,833 SQ. FT.)
SURVEY DESCRIPTION RSF-7 TO RSF-8:
A PART OF THE SOUTHWEST QUARTER (SW '/4) OF THE NORTHEAST QUARTER (NE'/4) OF
SECTION 12, TOWNSHIP 16 NORTH (T-16-N), RANGE 31 WEST (R-31-W), OF THE FIFTH
PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST (NE) CORNER OF SAID 40-ACRE TRACT, SAID POINT
BEING A FOUND R.R. SPIKE IN THE PAVEMENT OF NORTH RUPPLE ROAD; THENCE
N86058'17W A DISTANCE OF 30.00 FEET TO A SET IRON PIN WITH CAP `BSI COA 131", SAID
PIN BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF NORTH RUPPLE ROAD (30 FEET
WEST OF CENTERLINE); THENCE CONTINUING N86°58'17W A DISTANCE OF 320.16 FEET
TO A FOUND IRON PIN WITH CAP "JORGENSON" AND THE POINT OF BEGINNING; THENCE
S02041'06"W A DISTANCE OF 150.00 FEET TO A POINT; THENCE N87°09'02"W A DISTANCE
OF 445.52 FEET TO A POINT; THENCE S02°43'10"W A DISTANCE OF 396.51 FEET TO A POINT;
THENCE N87001'27"W A DISTANCE OF 100.00 FEET TO A POINT; THENCE NO2°43'10"E A
DISTANCE OF 546.29 FEET TO A FOUND IRON PIN WITH CAP " JORGENSON"; THENCE
S87009'02"E A DISTANCE OF 545.43 FEET TO THE POINT OF BEGINNING.
SAID TRACT OR PARCEL OF LAND CONTAINING 2.79 ACRES (121,461 SQ. FT.)
RZN 13-4384:Existing & Proposed Zoning
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41 e PC Meeting of June 10, 2013
NSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Quin Thompson, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: May 22, 2013 UPDATED JUNE 11, 2013
RZN 13-4384: Rezone (1315 N. RUPPLE RD./LEISURE HOMES, 400): Submitted by CIVIL
DESIGN ENGINEERS, INC. for properties located at 1315 NORTH RUPPLE ROAD. The property
is zoned RSF-7, RESIDENTIAL SINGLE-FAMILY, 7 UNITS PER ACRE and contains
approximately 6.89 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE-
FAMILY, 8 UNITS PER ACRE, and RMF-12, RESIDENTIAL MULTI -FAMILY, 12 UNITS PER
ACRE.
Planner: Quin Thompson
BACKGROUND:
Property Description & Background: The subject property is located north of Wedington Drive and
west of Rupple Road. The property is zoned RSF-7, Residential Single -Family and contains
approximately 6.89 acres. As a part of successful 2006 rezoning of this property, a Bill of Assurance
was offered, which limits development on this property to 17 single-family homes.
The property is within the area affected by the Wedington Corridor Plan, which indicates that this site
should be zoned for a variety of housing options, and provide a transition from the surrounding
single-family residential neighborhoods to the north and west. Surrounding land use is shown in
Table 1.
Table 1
Surrounding Zoning and and Use
Direction
Land Use
Zoning
from Site
North
Residential Single -Family
RSF-4, Single -Family Residential, 4 Units
per Acre
South
Undeveloped
RMF-12, Residential Multi -Family, 12
Units Per Acre / R-O, Residential Office
East
Residential Single -Family
C-1, Neighborhood Commercial
West
Residential Single -Family Housing
Rt-12, Residential Two -Family, 12Units
Per Acre
U ETC\Development Services Review\2013\Development Review\13-4384 RZN 1315 N. Rupple Rd. (Leisure Homes)\03
Planning Commission\06-10-2013\Comments and Redlines
Proposal: The request is to rezone approximately 7 acres from RSF-7 to a split zone including 2.84
acres of RSF-8 and 4.05 acres of RMF-12 to allow for the construction of single and multi -family
residential housing.
Public Comment: Staff has not received public comment.
RECOMMENDATION:
Staff recommends forwarding RZN 13 -43 84 with a recommendation of approval based on findings
stated herein.
PLANNING COMMISSION ACTION: Required YES
Date: June 10, 2013 ❑ Tabled X Forwarded ❑ Denied
Motion: WINSTON Second: CHESSER
Vote:
Note: Cmmrs Bunch & Hoskins voted against
CITY COUNCIL ACTION: Required YES
❑ Approved ❑ Denied
Date:
INFRASTRUCTURE:
Streets: The site has access to Corsica Drive. Corsica is a fully improved city street in this
location. Street improvements within the property will be evaluated at the time of
development.
Water: Public water is available to the property. There is an 8" water main stubbed out to
this property on Corsica Drive to the north.
Sewer: Sanitary sewer is available to the site. There is an 8" main stubbed out to this
property on Corsica Drive to the north.
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: Fayetteville Police Department has not expressed concerns with this request.
Fire: The Fayetteville Fire Department has not expressed concerns with this request.
WETC\Development Services Review\2013\Development Review\l3-4384 RZN 1315 N. Rupple Rd. (Leisure Homes)\03
Planning Commission\06-10-2013\Comments and Redlines
WEDINGTON CORRIDOR PLAN: Wedington Corridor Illustrative Plan; approved March 19,
2013 by the City Council, identifies an area northwest of the Rupple Road & Wedington Drive
intersection as the future `heart' of the west Wedington neighborhood, and encourages a walkable
residential and commercial destination that would serve as a central node in this expanding part of the
City.
Wedington Corridor Plan, pg 37:
At the [Wedington Corridor Design] charrette the public overwhelmingly expressed a
desire to see a walkable urban center develop at the intersection of Wedington Drive
and Rupple Road. At this time, a number of sizable parcels of land are undeveloped
northwest of this intersection. The illustrative plan envisions this area as a complete,
compact and connected neighborhood with civic, residential and commercial uses.
The utilization of the City's form based zoning districts will be essential to ensure
that the development pattern prescribed here is walkable and urban. Form based
zoning districts are also much more flexible in allowing for a variety of residential
and commercial densities and intensities. This encourages a diverse mixture of
building types, scales and uses that are not separated from each other but instead are
co -mingled to create a unified, sustainable and cohesive whole.
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 consistent with planning objectives and policies under
the Wedington Corridor Plan, and compatible with adjacent and nearby single-
family residential land uses. The RSF-8 zoning would allow appropriate
transition in allowable height and density between existing single-family
residential use and the proposed RMF-12 zoning district. RMF-12-zoning would
allow up to 12 units per acre, and a maximum height of 60 feet, and would meet
the planning objective of increased density and intermediate residential density
in what has been envisioned as the `heart' of this part of the City. Selections from
the approved plan are included in this packet.
GAEMDevelopment Services Review\2013\Development Review\13-4384 RZN 1315 N. Rupple Rd. (Leisure Homes)\03
Planning Commission\06-10-2013\Comments and Redlines
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 Wedington
Corridor Plan. The proposed zoning is more appropriate and compatible with
current land use objectives than the current zone, which would allow a maximum
density below that recommended by the Wedington Corridor Plan. The proposed
RSF-8 zone creates appropriate transition from existing residential
neighborhoods to anticipated multi -family development in the proposed RMF-12
zone. Furthermore, the Wedington Corridor Plan calls for medium density
housing, which RMF-12 zoning district supports.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning would dramatically increase allowable density in the area,
from the current self-imposed limitation created in the 2006 Bill of Assurance,
which limits development on this site to 17 single-family homes, a density of
approximately 2 units per acre. Access and traffic issues will be considered at
the time of future development, but staff does not anticipate increased traffic
danger or congestion as Wedington Drive, a designated Principal Arterial and
AR State highway is designed to carry large volumes of traffic and Rupple Road,
a designated Principal Arterial Parkway.
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 dramatically increase allowable density in the area,
from the current self-imposed limitation created in the 2006 Bill of Assurance,
which limits development on this site to 17 single-family homes, a density of
approximately 2 units per acre. Staff, however, does not foresee undesirable
impacts on public services.
GAETC\Development Services Review\2013\Development Review\13-4384 RZN 1315 N. Rupple Rd. (Leisure Homes)\03
Planning Commission\06-10-2013\Comments and Redlines
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
GAETC\Development Services Review\2013\Development Review\13-4384 RZN 1315 N. Rupple Rd. (Leisure Homes)\03
Planning Commission\06-10-2013\Comments and Redlines
161.08 District RSF-7, Residential Single -Family — Seven Units Per Acre
(A) Purpose The RSF-7 Residential District is designed to permit and encourage the development of detached
dwellings in suitable environments.
(B) Uses.
(1) Permitted uses.
Unit 1 1 Ci -wide uses by right
Unit 8 1 Sin le-famil 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 9
Two family dwellings
Unit 12
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
_Cottage
Unit 44
Housing Development
(C) Density.
Single-family dwelling
units per acre 1 7 or less
(D) Bulk and area regulations.
(E) Lot width minimum.
Single-family 60 ft.
Two-family 60 ft.
Townhouse, no more than 30 ft.
two attached
(F) Lot area minimum
Single-family 6,000 sq. ft.
Two-family 6,000 sq. ft.
Townhouse, no more than 3,000 sq. ft.
two attached
(G) Land area per dwelling unit.
Single-family 6,000 sq. ft.
Two-family 3,000 sq. ft.
Townhouse, no more than 3,000 sq. ft.
two attached
GAETC\Development Services Review\2013\Development Review\13-4384 RZN 1315 N. Rupple Rd. (Leisure Homes)\03
Planning Commission\06-10-2013\Comments and Redlines
(H) Setback requirements.
Front Side Rear
15fL 5ft 15ft. 11
(I) Building height regulations.
11 Building Nei ht Maximum I 45A
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).
(J) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area.
(Code 1991, § 160.046; 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. 5312, 4-20-10; Ord. 5462, 12-6-11)
Cross reference(s)--Variance, Ch. 156
161.09 District RSF-8, Residential Single -Family — 8 Units Per Acre
(A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to
allow for the development of new single family residential areas with similar lot size, density, and land use as the
historical neighborhoods in the downtown area.
(B) Uses.
(1) Permitted uses.
Unit 1 Ci -wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accesso 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
Government facilities
Unit 9
Two-family dwellings
Unit 12
Limited business
Unit 24
Home occupations
Unit 36 1
Wireless communications facilities
Unit 44 1
Cottage Housing Development
(C) Density.
B Ri ht
Single-family dwelling
units per acre
8 or less
GAEMDevelopment Services Review\2013\Development Review\13-4384 RZN 1315 N. Rupple Rd. (Leisure Homes)\03
Planning Commission\06-10-2013\Comments and Redlines
(D) Bulk and area regulations.
(1) Lot width minimum.
Sin le-famil 50 ft.
Two-family 50 ft.
Townhouse, no more than 25 ft.
two attached
(2) Lot area minimum.
Sin le-famil 5,000 s . ft.
11 Two-family 5,000 s . ft. EE
(3) Land area per dwelling unit.
Sin le-famil 5,000 s . ft.
Two-family 5.000 s . ft.
Townhouse, no more than 2,500 sq. ft.
two attached
(E) Setback requirements.
Front Slde Rear
15ft. 5ft. 5ft.
(F) Height regulations.
1301ding Hei ht Maximum 45.;ft:
(G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a
detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total lot
area.
(Ord. 4783, 10-18-05; Ord. 5028, 6-19-07; Ord. 5128, 4-15-08; Ord. 5224, 3-3-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6-11)
G:\ETC\Development Services Review\2013\Development Review\13-4384 RZN 1315 N. Rupple Rd. (Leisure Homes)\03
Planning Commission\06-10-2013\Comments and Redlines
161.12 District RMF-12, Residential Multi -Family — Twelve Units Per Acre
(A) Purpose. The RMF-12 Multi -family Residential District is designed to permit and encourage the development of
multi -family residences at a moderate density that is appropriate to the area.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellin s
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
Unit 44
Cottage Housing Development
(2) Conditional uses.
Unit 2
City-wide uses lby conditional use permit
Unit 3
Public protection and utilily facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Manufactured home park
Unit 12
Limited business
Unit 24
Home occu ations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
1. iJnits per acre 12 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park
100 ft.
Lot within a manufactured home park
50 ft.
Single family
60 ft.
Two-family
60 ft.
Three and more
90 ft.
Professional offices
100 ft.
(2) Lot area minimum.
Manufactured home park
3 acres
Lot within a manufactured
home park
4,200 sq. ft.
Townhouse:
Development
Individual lot
10,000 sq. ft.
2,500 sq. ft.
Single-family
6.000 sq. ft.
Two-family
7.000 sq. ft.
G:\ETC\Development Services Review\2013\Development Review\13-4384 RZN 1315 N. Rupple Rd. (Leisure Homes)\03
Planning Commission\06-10-2013\Comments and Redlines
Three or more 9.000 sq. ft.
Fraternity or Sorority 2 acres
Professional offices 1 acre
(3) Land area per dwelling unit.
Manufactured home
3,000 sq. ft.
Apartments:
No bedrooms
1,700 sq. ft.
One bedroom
1,700 sq. ft.
Two or more bedrooms
2.000 sq. ft.
FraternitLi or S22LLty
1,000 sq. ft. per resident
(E) Setback requirements.
Front
Side
Rear
The principal
8 ft.
25 ft.
facade of a building
shall be built within
a build -to zone that
is located between
10 feet and a line
25 feet from the
front propegy line.
Cross reference(s)--Variances, Ch. 156
(F) Building height regulations.
11 Building Hei ht Maximum 60.ft.
Height regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary
line of an adjacent single family district, an additional distance of one foot for each foot of height in excess of 20 feet.
(G) Building area. None.
(H) Minimum buildable street frontage. 50% of the lot width.
(Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07; Ord. 5224, 3-3-09; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6-11)
G:\ETC\Development Services Review\2013\Development Review\13-4384 RZN 1315 N. Rupple Rd. (Leisure Homes)\03
Planning Commission\06-10-2013\Comments and Redlines
4�,—
.AEDPj' CIVIL DESIGN ENGINEERS, INC
1 I-�01 err 1 nnr. 1 �1.1e -rrlh'..IIt "' '111 Phone. N"Y) N56. 0111 I '+.v 09)S50 6112
.Irate 6, 2013
City of Fayetteville Planning Division
125 W. Mountain Street
Fayetteville, AR 72701
Phone (479) 575-8267
Fax (479) 575-8202
Re: Request for Rezone
1315 N. Rupple Road
Fayetteville, AR
CDC Project No. 1064
Planning Division.
Please rind enclosed submittal along with the application to request a portion of the property at 1315 N. Rupple
lZoad to be rezoned from ItSF-7 (Residential Single -Family) to ltSF-8 [Residential Singh",,amifvj and RMF-12
(Residential Single Family). The property currently consists of the following zoned areas:
C-I - Neighborhood Commercial 4.67 Acres
RSF-7 — Residential Single Family - Seven units per acre 6,89 Acres
RMF-12 — Residential Multi -Family — Twelve units per acre 8.41 Acres
The property is currently owned by Mohtnna, LLC., of which Mr. Brian Moore of Springdale, Arkansas, is a
Principal. There a pending sales contract for this property between M6huma, I.LC. and Leisure Homes Corp. of
Mountain Home, Arkansas. The sale of this property is contingent upon this request to rezone the RSF-7 area, and
other requirements as listed in the Sales Contract.
hi the future, Leisure Homes Corp, intends to propose a Large Scale Development that will include a mixture of land
use on the residential zoned area of the property. Specifically the land use will focus on middle housing types, which
may include triplex and four -plea buildings with garages, townhomes, condominiums and landscaped courts.
Although final plans for this proposed development is not complete, it has been suggested that we may be able to get
100-units in the total residential zoned 15.30-acre area.
The north easterly 4.67-acre area is zoned C-I Neighborhood Commercial and will not be affected by this request.
Please let me know ifYou have any questions.
Sinccrcly.
Fordi F'ouric. 111.F.
Project I ngincer
EXHIBIT "E"
Page 9 of
BILL OF ASSURANCE
FOR
DUNNERSTOCK REZONING REQUEST
The owner of the Property (said 1"Perty being located west of Rupple Road and south of
Bellwood Subdivision Phase [ and being dcscribcd on Exhibit A) is currently requesting
a rezoning o(said property and is offering this [sill of assurance which shall aeceompany
the rcim ing.
The subject property consists of three.parcels as follows;
1) Parcel #1 to be rezoned frrom RSF-i to RSF-7 and -contains 6 89-Acres_ This
RSF-7 rezoning would allow 48 lots but our plan will limit the lots to 17
(single family).
2) Parcel #2 to be rezoned from R-A & C-2 to RMF-12 and contains 8:41 Acres_
This RMF 2 rezoning would allow 100 units_
3) Parcel #3 to be rezoned froin RSF-I to C-1 acid contains 4-67 Acres_ This C-I
rezoning would allow for neighborhood commercial.. More specifically this
zoning would allow for a st;rall markct district, which would include eating
places, shops; professional offices.
Each parcel shall be submitted to -the City Plaruring Division for review after it is
. mWaed. For Parcel #1 this would be standard preliminary platlftnal plat process. For
Parcel #1 and #2 this would require a I.arge Scale []cvelopmefrt process.
This Bill of Assurance shall accompany each parcel of land (#1, 2, &3) and shall include
the following;
1) Access to parcel € I shall be to the north through Bellwood Subdivision Phase
1 and to Rirpple Road through. -;Parse[ #3_ The street in Parcel. [ will connect
to Parcel #2 for access.
2) Parcel #2 shall have public access through flee property aad shall` provide
connectivity to the west, south actd to Rupple Road_
3) Parcel #2 shall have the buildings arranges[ to avoid a grid layout or."row"
houses. Buildings sitall be staggered to help avoid this grid -layout
4) Pedestrian access shall be reAluircd in all 3 parcels to provide and encourage
residents of this eornrnunity to wallc'to the market distric(.
5) Waterlines & sewerlincs will be extended through -Parcel if I to Parcel #2 and
_i. Parcels 2 and 3 will also extectd their waterline sewer to Rupple Road
G) Stoanwatcr will bs: de(ained in Parcel It and #2 and will be -sized for aft three
parcels.
7). Two trees shall be planted -on each lot of Parcel #I by the builder.
EXHIBIT "E"
Page 2-Qf 7
8) Architectural design shall be reviewed by the Planning Commission for ail
three parcels_ The review shall include type of material, color, arrangement of
windows, doors, etc__ Each parcel shall be reviewed separately at the time
each parcel is developed.. (Parcel #1 will be developed first)_
9) The developer of Parcel # l will provide improvements to Rupple Road as
required by the City at the time Parcel #1 is developed_
10) Each parcel shall be compatible with the- Wellspring Community to. the -east_
This compatibility shall include architectural design & building arrangement;
The City Planning Dept. shall review each development plan to-determiuc that .
it is compatible with. Wellspring_
The owner expressly grants to the City of Fayetteville the right to enforce any and
allof the terms of this HUI of Assurance in the Chancery/Circuit Courtof Washington
.County and agrees that if the Owner or Owners' heirs, assigns, or suceessors violate any
term of this Bill of Assurance, substantial Irreparable damage justifying'injumctive
-relief has been done to the citirmts and City of Fayetteville, Adomms, the owner
acknowledges that the Fayetteville Plaaniog Cormnission and the Fayetteville City
Corureil will reasonalyly rely upon all ofthe terms and conditions within this Bill of -
Assurance in conside6ng whether to approve the owners' rezoning request_
The Owner hereby voluntarily offers assurances -that owner and Owners
property shah- be restricted as follows M Owners rezoning is approved by the Fayetteville
City-CounciL
-The Owirer specifically agrees that ail such restrictions and terms shall "run with the
land add bind all future owners, unless and until specifically released by Resolution of the
.Fayetteville City Council. This Bill of A.ssuraaice shall be filed for record in the
Washington County Circuit Cleric's Qliice after Owners' rezoning is effective and shall
.be noted on ?any Finial flat or Large Scale Development which includes some or all of
property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, Mark Foster, as the owner, voluntarily offer all such assurances and sign below.
14Ah AMA, dos -
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BILL OF ASSURANCE THAT ACCOMPANIES THIS REZONING rcEQUEST STATES THAT EACH PLANNING
AREA SHALL BE REVIEWED BY THE PLANNING STAFF 8 PLANNING COMMISSION 8 SHALL BE
COMPATIBLE WITH THE WELLSPRING PROJECT TO THE EAST. REFER TO BILL OF ASSURANCE FOR
ADDITIONAL DETAILS.
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CONGRESSIONAL ST
tPZD
NORTHWEST ARKANSAS DEMOCRAT-WME
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
THE MORNING NEWS OF ROGERS
SPME16LLC NORTHWEST ARKANSAS TIMES
BENTON COUNTTD
Y DAILY ILY R RECORD
212 NORTH EAST AVENUE, FAYETTEVILLF_ ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479442,1700 1 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Holly Andrews, 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 5594
Was inserted in the Regular Editions on:
July 11, 2013
Publication Charges: $ 71.34
Holly Andrews
Subscribed and sworn to before me
This 20- day of , 2013.
ca�'q' IA�L'
Notary Public
My Commission Expires:�� 1�
f�_
i 5= �a CATMY J. WILES=w Benton County
#{ ` My Commission Expires
? " February 20, 2014
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
RECEIVED
JUL 31 2013
CITYKRY a��
ORDINANCE NO. 5594
AN ORDINANCE REZONING THE PROPERTY
DESCRIBED IN REZONING P1=i1710N RZN V C 13-4384, FOR APPROXIMATELY 6.89 ACRES,
LOCATED AT 1315 NORTH RUPPLE ROAD AHNA k5A5
FROM RSF-7, RESIDENTIAL SINGLE-FAMILY,
7 UNITS PER ACRE, TO RSF4 RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER
ACRE AND RMF-12, RESIDENTIAL MULTI -FAMILY, 12 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 properties from RSF-7,
Residential Single -Family, 7 units per acre to RSF-8, Residential Single -Family, 8
units per acre and RMF-12, Residential Multi -Family, 12 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
changes provided in Section 1.
PASSED and APPROVED this 2nd day of July, 2013.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Exhibits for this ordinance may be viewed in the office of the City ClerklTreasurer.