HomeMy WebLinkAboutORDINANCE 5856Doc ID: 017054140006 Type: REL
Kind: ORDINANCE
K" ti Recorded: 09/09/2016 at 09:17:42 AM
I pf+r.l Fee Amt: $40.00 Page 1 of 6
nr;a' Washington County, AR
Kyle Sylvester Circuit Clerk
File2016-00026306
113 West Mountain
Street Fayetteville,
AR 72701
(479) 575-8323
Ordinance: 5856
File Number: 2016-0085
RZN 15-5293 (701 E. HUNTSVILLE RD./ROSE BAUER):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-
5293 FOR APPROXIMATELY 36.25 ACRES LOCATED AT 701 EAST HUNTSVILLE ROAD FROM
RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS, COMMUNITY SERVICES;
NC, NEIGHBORHOOD CONSERVATION AND R-A, RESIDENTIAL -AGRICULTURAL AND 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the
Planning Department's Agenda Memo From RSF-4, Residential Single Family, 4 Units Per Acre to CS,
Community Services; NC, Neighborhood Conservation and R-A, Residential -Agricultural and subject to a
Bill of Assurance.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 3/1/2016
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FAYETTEVILLE;
Attest: y. • •�
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Sondra E. Smith, City Clerk Treasurer
Page 1 Printed on
312116
15-5293
EXHIBIT 'A'
RZN 15-5293
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SUBJECT PROPERTIES
NC
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15-5293
EXHIBIT 'B'
PARENT TRACT - PER DEED BOOK 966, PAGE 786/PROPERTY NOT SURVEYED
THE WEST HALF OF THE NORTH-EAST QUARTER OF SECTION TWENTY-TWO (22) IN TOWNSHIP SIXTEEN
(16) NORTH, OF RANGE THIRTY (30) WEST OF THE 5TH PRINCIPAL MERIDIAN, EXCEPT THE FOLLOWING
DESCRIBED PARTTHEREOF, TO -WIT: BEGINNING AT THE SOUTH EAST CORNER OF SAID EIGHTY ACRE
TRACT, AND RUNNING, THENCE WEST TWENTY-EIGHT AND ONE-HALF (28 1/2) RODS; THENCE NORTH
THIRTY-FOUR (34) RODS TO THE NORTH LINE OF THE OLD RIGHT OF WAY OF THE PACIFIC & GREAT
EASTERN RAILROAD; THENCE IN AN EASTERLY DIRECTION WITH SAID RIGHT OF WAY TO A POINT ON
THE EAST LINE OF SAID EIGHTY ACRE TRACT WHICH IS FORTY-SIX (46) RODS AND EIGHT (8) LINKS NORTH
OF THE BEGINNING POINT; THENCE SOUTH FORTY-SIX (46) RODS AND EIGHT (8) LINKS TO THE PLACE OF
BEGINNING, BEING 6.07 ACRES, MORE OR LESS, AND LEAVING HEREIN CONTAINED 73.93 ACRES, MORE
OR LESS, LESS AND EXCEPT 40 FEET OF EQUAL UND UNIFORM WIDTH OFF OF THE WEST SIDE OF THE
ABOVE DESCRIBED PROPERTY. ALSO PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST
QUARTER (SE 1/4) OF SECTION 22, TOWNHHIP 16 NORTH, RANGE 30 WEST OF THE 5TH P.M.,
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, AND
RUNNING THENCE SOUTH 61 YARDS, THENCE EAST 12 CHAINS 87 1/2 LINKS, THENCE NORTH 61 YARDS,
THENCE WEST 12 CHAINS 87 1/2 LINKS TO THE POINT OF BEGINNING. SUBJECT TO ALL ROADWAYS AND
EASEMENTS OF RECORD, IF ANY.
TRACT 1
PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, IN TOWNSHIP 16
OF RANGE 30 WEST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT A POINT
WHICH IS THE NORTHWEST CORNER THEREOF, AND RUNNING EAST 307.52'; THENCE S00°04'36"E
407.06'; THENCE WEST 308.06'; THENCE NORTH 407.06' TO THE POINT OF BEGINNING, CONTAINING
2.87 ACRES, MORE OR LESS. SUBJECT TO THE RIGHT OF WAY OF THE PUBLIC ROADS OVER AND ACROSS
THE NORTH AND WEST SIDES THEREOF.
TRACT 2
PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, IN TOWNSHIP 16
OF RANGE 30 WEST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT A POINT
WHICH IS EAST 518.67' OF THE NORTHWEST CORNER THEREOF, THENCE EAST 144.45'; THENCE
S00°00'01"E 76.64'; THENCE 542*32'01"E 93.00'; THENCE S07°24'13"E 132.39'; THENCE S59°56'49"E
53.22'; THENCE S01°26'51"E 226.40'; THENCE SO4°56'15" 74.70'; THENCE S03°51'39"W 91.65'; THENCE
S13°09'26"E 92.37'; THENCE S00°32'38"E 473.74'; THENCE S89°28'54"W 820.64'; THENCE NORTH
859.32'; THENCE EAST 308.06'; THENCE N85°53'00"E 211.15'; THENCE NORTH 391.90' TO THE POINT OF
BEGINNING, CONTAINING 17.91 ACRES, MORE OR LESS. SUBJECT TO THE RIGHT OF WAY OF THE PUBLIC
ROAD OVER AND ACROSS THE NORTH SIDE THEREOF.
TRACT 3
PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, IN TOWNSHIP 16
OF RANGE 30 WEST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT A POINT
WHICH IS EAST 663.12' OF THE NORTHWEST CORNER THEREOF, THENCE NORTH 60.00'; THENCE
S00°00'01"E 53.29'; THENCE S42°32'01"E 88.64'; THENCE S07*24'13"E 121.77'; THENCE S59°56'49"E
121.71'; THENCE S01°26'51"E 251.15'; THENCE S33°40'54"W 91.25'; THENCE S03°51'39"W 63.22';
THENCE S13°09'26"E 90.03'; THENCE S00°32'38"E 480.39'; THENCE S89°28'54"W 60.00'; THENCE
N00°32'38"W 473.74'; THENCE N13°09'26"W 92.37'; THENCE NO3°51'39"E 91.65'; THENCE N04°56'15"W
74.70'; THENCE N01'26'51"W 226.40'; THENCE N59°56'49"W 53.22'; THENCE N07°24'13"W 132.39';
THENCE N42°32'01"W 93.00'; THENCE N00°00'01"W 76.64' TO THE POINT OF BEGINNING, CONTAINING
2.19 ACRES, MORE OR LESS. SUBJECT TO THE RIGHT OF WAY OF THE PUBLIC ROAD OVER AND ACROSS
THE NORTH SIDE THEREOF.
TRACT 4
PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, IN TOWNSHIP 16
OF RANGE 30 WEST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT A POINT
WHICH IS EAST 723.12' OF THE NORTHWEST CORNER THEREOF, THENCE EAST 596.88'; THENCE SOUTH
1254.44'; THENCE S89°28'54"W 439.41'; THENCE N00°32'38"W 480.39'; THENCE N13*09'26"W 90.03';
THENCE NO3°51'39"E 63.22'; THENCE N33°40'54"E 91.25'; THENCE N01°26'51"W 251.15'; THENCE
N59°56'49"W 121.71'; THENCE N07°24'13"W 121.77'; THENCE N42°32'01"W 88.64'; THENCE
N00°00'01"W 53.29' TO THE POINT OF BEGINNING, CONTAINING 13.27 ACRES, MORE OR LESS. SUBJECT
TO THE RIGHT OF WAY OF THE PUBLIC ROAD OVER AND ACROSS THE NORTH SIDE THEREOF.
15-5293
EXHIBIT V
BILL DE 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 is property, (hereinafter "Petitioner")
gag Batte C F. I .a, hereby voluntarily offers this
Bill of Assurance and enters into this 61nding 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 Chancery/
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
zoned areas
NC, CS and RA
2. Other restrictions including number and type of structures upon the
property are limited to Section of property zoned RA shall be deemed a Conservation Area with
minimal disturbance in said area, with the exception of two "2" proposed street crossings and a city trail.
3. Specific activities will not be allowed upon petitioners property
include No development will be allowed in portion of property zoned RA with the exception of
the afore mentioned two "2" street crossings.
4. (Any other terms or conditions)
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
Petition '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.
IN WITNESS WHEREOF and in agreernept with all the rms and
conditions stated above, I, `) � 7i t as the
owner, developer -or buyer (Petitionerl voluntarily of er all such assurances and
sign my name below.
t-j St
Date
Address
RikiedJuLAE Z ��
STATE OF ARKANSAS
COUNTY OF WASHINGTON
C&JZt,_g44-file,
Printed Name C4"V C, s r-rz'1 v f if-`rru
Signature
NOTARY OATH
r�I., 2of�
And now on this the � �� day of rtbgMQ� 269-, appeared
before me, 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.
OTAIiY PU LIC
My C,pmmission Expires:
11h9b, 1?TZ
K. MATLOCK
MY COMMISSION # 12397018
'�' EXPIRES: Febru 13.2024
Washington County, Aft
I certify this instrument was filed on
09/09/2016 09:17:42 AM
and recorded in Real Estate
File Number 20 6-0 026 06
Kyle Sylvester Circ It Ie
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2016-0086
Agenda Date: 3/1/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number. C. 3
RZN 15-5293 (701 E. HUNTSVILLE RWROSE BAUER):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
15-5293 FOR APPROXIMATELY 36.25 ACRES LOCATED AT 701 EAST HUNTSVILLE ROAD
FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS, COMMUNITY
SERVICES; NC, NEIGHBORHOOD CONSERVATION AND R-A,
RESIDENTIAL -AGRICULTURAL AND 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo From RSF-4, Residential Single Family, 4 Units
Per Acre to CS, Community Services; NC, Neighborhood Conservation and R-A,
Residential -Agricultural and subject to a Bill of Assurance.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 31212016
Jeremy Pate
Submitted By
City of Fayetteville Staff Review Form
2016-0085
Legistar File ID
3/1/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
2/12/2016 City Planning /
_ Development Services Department
Submitted Date Division / Department
Action Recommendation:
RZN 15-5293: Rezone (701 E. HUNTSVILLE RD./ROSE-BAUER, 564): Submitted by BLEW & ASSOCIATES, INC. for
properties at 701 E. HUNTSVILLE RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
ACRE and contain approximately 36.25 acres. The request is to rezone the properties to CS, COMMUNITY SERVICES
and NC, NEIGHBORHOOD CONSERVATION, and R-A, Residential -Agricultural subject to a Bill of Assurance.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Fund
Project Title
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
CITY OF
Tii %! ay Ae CITY COUNCIL AGENDA MEMO
ARKNSAS
MEETING OF MARCH 1, 2016
TO: Mayor, Fayetteville City Council
FROM: Quin Thompson, Current Planner
THRU: Andrew Garner, Planning Director
DATE: February 12, 2016
SUBJECT: RZN 15-5293: Rezone (701 E. HUNTSVILLE RD./ROSE-BAUER, 564):
Submitted by BLEW & ASSOCIATES, INC. for properties at 701 E.
HUNTSVILLE RD. The properties are zoned RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 36.25
acres. The request is to rezone the properties to CS, COMMUNITY
SERVICES and NC, NEIGHBORHOOD CONSERVATION, and R-A,
Residential -Agricultural subject to a Bill of Assurance.
RECOMMENDATION:
The Planning Commission and planning staff recommend approval of an ordinance to rezone the
property to R-A, Residential -Agricultural, NC, Neighborhood Conservation, and CS, Community
services as proposed, subject to a Bill of Assurance.
BACKGROUND:
The subject property is a 67 acre parcel located on the southeast corner of Morningside Drive
and Huntsville Road. The parcel is currently zoned RSF-4 Approximately a third of the parcel is
within the Enduring Green Network (EGN). The property is developed with a single-family
residence and several small agricultural buildings, and is currently in agricultural use. The
applicant proposes rezoning the northern 36.25 acres, roughly speaking, the northern half of the
parcel. The request is to rezone the property from RSF-4 to CS (2.87 acres), NC (31.18 acres)
and R-A (2.19 acres) as shown in the following exhibits:
Exhibit `A', rezone map
Exhibit `B', legal description
Exhibit `C', Bill of Assurance
The applicant has indicated that the rezone is being sought in order to allow development of
higher density single-family housing, with potential for future commercial and/or mixed -use
development at the southeast corner of Huntsville Road and Morningside Drive. The applicant
proposes to rezone a riparian corridor that traverses the property from north to south through the
eastern third of the parcel to R-A, Residential -Agricultural subject to a Bill of Assurance. The Bill
of Assurance would limit the R-A portion of this site to open space conservation uses, with the
exception of two road crossings for future development.
Mailing Address:
113 W. Mountain Street www.fayetteville-argov
Fayetteville, AR 72701
Land Use Compatibility: The proposed zoning is generally compatible with the surrounding
mixture of residential and non-residential uses. The immediate area contains a range of single-
family and multi -family development types, but all share a low to moderate densities, where the
proposal of 31 acres NC zoning would allow increased density, encouraging a pattern of
development staff finds compatible with existing properties, including existing single-family homes
that would be surrounded on three sides by this proposal.
Land Use Plan Analysis: The proposed zoning is generally compatible with the Future Land Use
Map (FLUM) for the portion of property designated as City Neighborhood Area. The proposed
zoning is also compatible with that portion designated as Natural Area. Natural Areas are intended
for development that encourages conservation or preservation of these areas, as proposed with
the R-A zoning and Bill of Assurance.
The goals of City Plan 2030 include discouraging urban sprawl and making the traditional town
form the standard. The CS and NC zoning districts have been developed to achieve these land
use goals, in part through the use of increased densities and development forms that create
connected, pedestrian friendly communities. Rezoning the bulk of this parcel to the NC district
should encourage development exhibiting traditional town form. The surrounding buildings are
generally a mix of building types and densities.
DISCUSSION:
On January 11, 2016 the Planning Commission forwarded this item to the City Council with a
recommendation for approval by a vote of 7-2-0, with Commissioners Hoffman and Brown voting
against. At the meeting, one nearby property owner made comment, saying that his preference
for development that would be similar to the residential patterns along Morningside Drive.
BUDGET/STAFF IMPACT:
N/A
Attachments:
■ Exhibit A
■ Exhibit B
■ Application
■ Planning Commission Staff Report
15-5293
EXHIBIT'A'
RZN 15-5293
Close Up View
ROSE- BAU E R
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Legend
RZfN 15-5293
` F Fayetteville City Limits.
Footprints 2010
i_• ! Design Overlay Di
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0 125 250
Sao 750 $.000
------ Planning Area
Feel
15-5293
EXHIBIT 'B'
PARENT TRACT - PER DEED BOOK 966, PAGE 786/PROPE RTY NOT SURVEYED
THE WEST HALF OF THE NORTH-EAST QUARTER OF SECTION TWENTY-TWO (22) IN TOWNSHIP SIXTEEN
(16) NORTH, OF RANGE THIRTY (30) WEST OF THE 5TH PRINCIPAL MERIDIAN, EXCEPT THE FOLLOWING
DESCRIBED PART THEREOF, TO -WIT: BEGINNING AT THE SOUTH EAST CORNER OF SAID EIGHTY ACRE
TRACT, AND RUNNING, THENCE WEST TWENTY-EIGHT AND ONE-HALF (28 1/2) RODS; THENCE NORTH
THIRTY-FOUR (34) RODS TO THE NORTH LINE OF THE OLD RIGHT OF WAY OF THE PACIFIC & GREAT
EASTERN RAILROAD; THENCE IN AN EASTERLY DIRECTION WITH SAID RIGHT OF WAY TO A POINT ON
THE EAST LINE OF SAID EIGHTY ACRE TRACT WHICH IS FORTY-SIX (46) RODS AND EIGHT (8) LINKS NORTH
OF THE BEGINNING POINT; THENCE SOUTH FORTY-SIX (46) RODS AND EIGHT (8) LINKS TO THE PLACE OF
BEGINNING, BEING 6.07 ACRES, MORE OR LESS, AND LEAVING HEREIN CONTAINED 73.93 ACRES, MORE
OR LESS, LESS AND EXCEPT40 FEET OF EQUAL UND UNIFORM WIDTH OFF OF THE WEST SIDE OF THE
ABOVE DESCRIBED PROPERTY. ALSO PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST
QUARTER (SE 1/4) OF SECTION 22, TOWNHHIP 16 NORTH, RANGE 30 WEST OF THE 5TH P.M.,
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, AND
RUNNING THENCE SOUTH 61 YARDS, THENCE EAST 12 CHAINS 87 1/2 LINKS, THENCE NORTH 61 YARDS,
THENCE WEST 12 CHAINS 87 1/2 LINKS TO THE POINT OF BEGINNING. SUBJECT TO ALL ROADWAYS AND
EASEMENTS OF RECORD, IF ANY.
TRACT 1
PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, IN TOWNSHIP 16
OF RANGE 30 WEST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT A POINT
WHICH IS THE NORTHWEST CORNER THEREOF, AND RUNNING EAST 307.52'; THENCE S00°04'36"E
407.06'; THENCE WEST 308.06'; THENCE NORTH 407.06' TO THE POINT OF BEGINNING, CONTAINING
2.87 ACRES, MORE OR LESS. SUBJECT TO THE RIGHT OF WAY OF THE PUBLIC ROADS OVER AND ACROSS
THE NORTH AND WEST SIDES THEREOF.
TRACT 2
PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, IN TOWNSHIP 16
OF RANGE 30 WEST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT A POINT
WHICH IS EAST 518.67' OF THE NORTHWEST CORNER THEREOF, THENCE EAST 144.45'; THENCE
S00°00'01"E 76.64'; THENCE S42°32'01"E 93.00'; THENCE S07°24'13"E 132.39'; THENCE S59'56'49"E
53.22'; THENCE S01°26'51"E 226.40'; THENCE SO4°56'15" 74.70'; THENCE S03°51'39"W 91.65'; THENCE
S13°09'26"E 92.37'; THENCE S00°32'38"E 473.74'; THENCE S89°28'54"W 820.64'; THENCE NORTH
859.32'; THENCE EAST 308.06'; THENCE N85°53'00"E 211.15'; THENCE NORTH 391.90' TO THE POINT OF
BEGINNING, CONTAINING 17.91 ACRES, MORE OR LESS. SUBJECT TO THE RIGHT OF WAY OF THE PUBLIC
ROAD OVER AND ACROSS THE NORTH SIDE THEREOI=.
TRACT 3
PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, IN TOWNSHIP 16
OF RANGE 30 WEST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT A POINT
WHICH IS EAST 663.12' OF THE NORTHWEST CORNER THEREOF, THENCE NORTH 60.00'; THENCE
S00°00'01"E 53.29'; THENCE S42°32'01"E 88.64'; THENCE S07°24'13"E 121.77'; THENCE 559'56'49"E
121.71'; THENCE S01°26'51"E 251.15'; THENCE S33*40'54"W 91.25'; THENCE S03°51'39"W 63.22';
THENCE S13°09'26"E 90.03'; THENCE S00°32'38"E 480.39'; THENCE S89°28'54"W 60.00'; THENCE
NOO°32'38"W 473.74'; THENCE N13°09'26"W 92.37'; THENCE NO3°51'39"E 91.65'; THENCE N04°56'15"W
74.70'; THENCE N01°26'51"W 226.40'; THENCE N59°56'49"W 53.22'; THENCE N07'24'13"W 132.39';
THENCE N42°32'01"W 93.00'; THENCE N00°00'01"W 76.64' TO THE POINT OF BEGINNING, CONTAINING
2.19 ACRES, MORE OR LESS. SUBJECT TO THE RIGHT OF WAY OF THE PUBLIC ROAD OVER AND ACROSS
THE NORTH SIDE THEREOF.
TRACT 4
PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, IN TOWNSHIP 16
OF RANGE 30 WEST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT A POINT
WHICH IS EAST 723.12' OF THE NORTHWEST CORNER THEREOF, THENCE EAST 596.88'; THENCE SOUTH
1254.44'; THENCE S89°28'54"W 439.41'; THENCE N00*32'38"W 480.39'; THENCE N13°09'26"W 90.03';
THENCE NO3°51'39"E 63.22'; THENCE N33°40'54"E 91.25'; THENCE N01°26'51"W 251.15'; THENCE
N59'56'49"W 121.71'; THENCE N07°24'13"W 121.77'; THENCE N42°32'01"W 88.64'; THENCE
NOO°00'01"W 53.29' TO THE POINT OF BEGINNING, CONTAINING 13.27 ACRES, MORE OR LESS. SUBJECT
TO THE RIGHT OF WAY OF THE PUBLIC ROAD OVER AND ACROSS THE NORTH SIDE THEREOF.
15-5293
EXHIBIT'C'
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 is property, (hereinafter "Petitioner")
lsP. hereby voluntarily offers this
Bill of Assurance and enters into this gindino aereernent 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 Chancery/
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
Petiti-oner'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 TNC, CS and RA
zoned areas
2. Other restrictions including number and type of structures upon the
property are limited to Section of property zoned RA shall be deemed a Conseniation Area with
minimal disturbance in said area, with the exception of two "T proposed street crossings and a city trail.
3. Specific activities will not be allowed upon petitioner's property
include No development will be allowed in portion of property zoned RA with the exception of
the afore mentioned two "T street crossings.
4. (Any other terms or conditions)
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.
IN WITNESS WHEREOF and in agreeme tt with all the t rms and
conditions stated above, I, f as the
owner, developer -or buyer (Petitioner voluntarily offer all such assurances and
sign my name below.
Date
Address !+
STATE OF ARKANSAS
COUNTY OF WASHINGTON
Printed Name Cka-r to s , T u' t 13f-
Signature
NOTARY OATH
rr G9l
And now on this thekdayof.--., �+a-t7t°�.. . 299_, appeared
before me, � ?LALA l e. 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.
(NARY PUAIC
My C mmisslon Expires
ROBIN K, MATLOCK
MY COMMISSION # t2397078
EXPIRES: Febtuar7 13, 2024
��'"'�
Nlashinr�lat Cp��nly
CITY OF FAYETTEVILLE, ARKANSAS
REZONING
FOR STAFF USE ONLY FEE: $325.00
DateAp, cation Submitted: Sign Fee: $5.00
Date Accepted as Complete: S-T-R:
Case /Appeal Number: % S PP#:
Public Hearing Date: ! 7-one:
Please fill out this form completely, supplying all necessary information and documentation to support your request.
Your application will not beplaced on the Planning Commission agenda until this information is furnished.
Application:
Indicate one contact person for this request: v
Applicant (person making request):
Name: ail P—r 13aalefk
Address: )417 Aj l'ij�iAJC::,Tr: f r
Phone:
Fax:
Applicant Representative
Representative (engineer, surveyor, realtor, etc.):
Name:
Address:
E-mail:
Phone!
Fax:
Site Address / Location: '7()1 5. /-111 A17f,V ) LL h' �014b
Current Zoning District: P5 F 4
Requested Zoning District: cs gIC3
Assessor's Parcel Number(s) for subject property:-76.6i— 16'0�8 — Q C ' (,
FIAWNCIAL INTERESTS
The following entities and / or people have financial interest in this project:
March 2014
Page I
APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers
herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge
and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation
of application completeness, determination; or approval. I understand that the City might not approve what I am
applying for, or might set conditions on approval.
R'anic (printers), Date:�1:
Signau:rc:)
PROPERTY OTVAER(S) /AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the
owner(s) of the property that is the subject of this application and that I/we have read this application and consent to
its filing. (If signed by the authorized agent, a letter from each property owner must be provided indicating that
the agent is authorized to act on his/her behalf.)
Property Owners of Record (attach additional info if necessary):
Signature: A
Date;
Phone:
Name ({}ri:xted):(`Lf 1L`i`! `, I-i 1 00 Address:
Signature:
Tate:
Rezoning Checklist;
Attach the following items to this application
Phone:
t )
M
(1) Payment in full of applicable fees for processing the application:
$325.00 application fee
$5.00 public notification sign fee
(2) A legal description of the property to be rezoned. A survey may be required if the
property description can not accurately be platted or if it is described by referring to
other deeds.
(3) CD containing a copy of the legal description in MS Word and all required
submittal items should be also included on the CD in PDF format.
(4) A copy of the county parcel map from the Washington County Assessor's office or
from the Washington County website (www.co.washin on.ar.us). The subject
property and all adjacent parcels should be identified on this parcel map. The owner's
name, official mailing address, and the parcel number for every adjacent property shall
be shown on this map.
]March 2014
Page 2
(5) A writtenn description of this request addressing the following items;
a. Current ownership information and any proposed or pending property
sales.
b. Reason (need) for requesting the zoning change.
C. Statement of how the proposed rezoning will relate to surrounding
properties in terms of land use, traffic, appearance, and signage.
d. Availability of water and sewer (state size of lines). This information is
available from the City Engineering Division.
C. The degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and
zoning plans.
f. Whether the proposed zoning is justified and/or needed at the time of
the request.
g. Whether the proposed zoning will create or appreciably increase traffic
danger and congestion.
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.
i. Why it would be impractical to use the land for any of the uses
permitted under its existing zoning classification.
(S) The applicant is responsible for meeting the public notification requirements for a
Rezoning listed on the Notification Requirements pages in this application.
Notice: Resources including current zoning regulations, City Plan 2030, Future Land Use Plan,
Master Street Plan and Zoning maps are available for review on our website,
www.accessfayetteville.org and in the Planning Office.
All applicants should meet with a staff Planner prior to completing a Rezoning application.
March 20.'4
]'age 3
CITY OF
7ayIl
—e
ARKANSAS
TO:
THRU:
FROM:
MEETING DATE:
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Andrew Garner, City Planning Director
Quin Thompson, Current Planner
Feb UPDATED FEBRUARY 10, 2016
SUBJECT: RZN 15-5293: Rezone (701 E. HUNTSVILLE RD./ROSE-BAUER, 564):
Submitted by BLEW & ASSOCIATES, INC. for properties at 701 E.
HUNTSVILLE RD. The properties are zoned RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 36.25
acres. The request is to rezone the properties to CS, COMMUNITY
SERVICES and NC, NEIGHBORHOOD CONSERVATION, and R-A,
Residential -Agricultural subject to a Bill of Assurance
RECOMMENDATION:
Staff recommends approval of RZN 15-5293 based on the findings herein.
BACKGROUND:
The subject property is a 67 acre parcel located on the southeast corner of Morningside Drive
and Huntsville Road. The parcel is currently zoned RSF-4 Approximately a third of the parcel is
within the Enduring Green Network (EGN). The property is developed with a single-family
residence and several small agricultural buildings, and is currently in agricultural use. The
applicant proposes rezoning the northern 36.25 acres, roughly speaking, the northern half of the
parcel.
Surrounding land use and zoning is depicted on Table 1.
Table 1
Surrounding Land Use and
Zoning -
Direction from Site
Land Use
North
Residential
South
Undeveloped
East
Multi -family Residential/ Seven Hills
West
Residential/Senior Housing
Zoning
RSF-4, Residential Single -Family
RSF-4, Residential Single- Family/RMF-24,
Residential Multi -family _
RSF-4, Residential Single-Family/RMF-12,
Residential Multi -family
NC, Neighborhood Conservation/DG,
Downtown General
Request: The request is to rezone the property from RSF-4 to CS (2.87 acres), NC (31.18 acres)
and R-A (2.19 acres), in order to allow development of higher density single-family housing, with
potential for future commercial and/or mixed -use development at the northwest corner of
Huntsville Road and Morningside Drive. The applicant proposes to rezone a riparian corridor that
traverses the property from north to south through the eastern third of the parcel to R-A,
Residential -Agricultural subject to a Bill of Assurance. The Bill of Assurance would limit the R-A
Mailing Address: Planning Commiss
113 W Mountain Street www.fayett&111�1.. 0'016
Fayetteville, AR 72701 Agenda ICem 7
15-5293 Rose-Bau
portion of this site to open space conservation uses, with the exception of two road crossings for
future development.
Public Comment: Staff has received public comment from one resident of Fayetteville, objecting
generally to commercial development in this area.
INFRASTRUCTURE:
Streets: The subject parcel has access to Huntsville Road, a collector street, to the north
and Morningside Drive, a Collector street, to the east. The southern portion of
Huntsville Road has been improved with sidewalk and storm drainage along these
parcel's frontage. Any additional street improvements would be determined at time
of development. Proposed Tracts 1 and 3 would have street frontage along
Morningside Drive to the west. The eastern side of Morningside Drive in this area
is unimproved with open ditches. Construction of curb, gutter, and sidewalk would
be required at time of development to conform to the master street plan in this
area. Improvements will be determined at time of development.
Water: Public water is available to the site. 6" public water mains are located along the
property frontage of both Morningside Drive and Huntsville Road,
Sewer: Sanitary Sewer is available to the proposed Tract 1, an existing 6" public sewer
main is located in Huntsville Road. Sanitary Sewer is available to Tract 3, an
existing 6" public sewer main is located in Morningside Drive. However, sewer is
not currently available to the proposed Tract 2 and offsite extensions would be
required at time of development
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. Portions of proposed Tracts 1, 2, or 3 lie within the 100
year flood hazard area. No portions of these parcels are located in the HHOD.
No protected streams are located within these parcels.
Fire: The Fire Department did not express any concerns with the request.
Police: The Police Department did not express any concerns with this request.
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates
the properties within the proposed rezone as City Neighborhood Area and Natural Area.
• City Neighborhood Areas are more densely developed than residential neighborhood
areas and provide a varying mix of nonresidential and residential uses. This designation
supports the widest spectrum of uses and encourages density in all housing types.
Natural Areas consist of lands approximating or reverting to a wilderness condition,
including those with limited development potential due to topography, hydrology,
vegetation or value as an environmental resource. These resources can include stream
and wildlife corridors, as well as natural hubs and cores, as identified in the FNHA study,
many of which make up the backbone of the enduring green network. A Natural Area
designation would encourage a development pattern that requires conservation and
preservation, prevents degradation of these areas, and would utilize the principles of low
impact development for all construction.
Planning Commiss
G:1BiC\Development Services Review120160evelopment Review\16.5299 RZN 4170 w. MILK February 8, 2016
Blvd. (Calypso Properties) 595103 Planning Comm issionM-08-20161Comments and Redlines Agenda Item 7
15-5293 Rose-Bau
The portion designated on the FLUM as 'Natural Area' has been identified as having high
environmental value by the Fayetteville Natural Heritage Association (FNHA), a local non-profit
group. As a result of the FNHA work and other City staff research, this study area was included
on the Enduring Green Network (EGN) map. The EGN map resulted in designation of portions
of this area as Natural Area on the FLUM Due to the environmental sensitivity of the study area,
staff recommends that land identified as Natural Area be zoned R-A, Residential -Agricultural.
This zoning should result in conservation along these riparian corridors in exchange for higher
density in other areas. The applicant's proposal for R-A zoning along this corridor, along with a
Bill of Assurance, is consistent with the Natural Area designation.
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: Land Use Compatibility: The proposed zoning is generally compatible with
the surrounding mixture of residential and institutional uses. The immediate
area contains a range of single-family and multi -family development types,
but all share a low to moderate densities, where the proposal of 31 acres NC
zoning would allow increased density and some potential for commercial
use, encouraging a pattern of development staff finds compatible with
existing properties, including existing single-family homes that would be
surrounded on three sides by this proposal.
Land Use Plan Analysis: The proposed zoning is generally compatible with
the Future Land Use Map (FLUM) for the portion of property designated as
City Neighborhood Area. The proposed zoning is also compatible with that
portion designated as Natural Area. Natural Areas are intended for
development that encourages conservation or preservation of these areas,
as proposed with the R-A zoning and Bill of Assurance.
The goals of City Plan 2030 include discouraging urban sprawl and making
the traditional town form the standard. The CS and NC zoning districts have
been developed to achieve these land use goals, in part through the use of
increased densities and development forms that create connected,
pedestrian friendly communities. However, rezoning the bulk of this parcel
to the NC district should encourage development exhibiting traditional town
form. The surrounding buildings are generally a mix of building types and
densities,
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The applicant has requested the zoning change in order develop the property
with a variety of residential development. The proposed zoning districts
would beneficially increase residential densities above those allowed under
the current 4 unit per acre limit, thereby discouraging sprawling
development, a goal of the City Plan 2030. The property is located less than
one mile from the city center, and in staff opinion, the pattern of development
Planning Commiss
G:IETC1Development Services Review120161Development Reviewt16-5299 RZN 4170 w. MLK February 8, 2016
Blvd. (Calypso Properties) 595103 Planning Commission102-08-20161Comments and Redlines Agenda Item 7
15-5293 Rose-Bau
should reflect that with increased density and traditional town form as
indicated by the goals of City Plan 2030.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The site has access to Huntsville Road (AR HWY 16 E) and Morningside
Drive, both partially improved `Collector' streets. The rezone that
encourages development would increase traffic on this property, however,
development of the area is unlikely to have significant negative impact on
safety and congestion in the area.
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: Rezoning the property from RSF-4 to a combination of NC and CS would
certainly alter future population density, but should not undesirably affect
load on public services. The Police and Fire Departments have expressed no
objections to the proposal. A significant amount of street improvement
would likely be required to fully develop this site, and would be reviewed in
detail at the time of development.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations Linder 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: NIA
RECOMMENDATION: Staff recommends approval of RZN 15-5293 based on the findings
discussed throughout this report, subject to a Bill of Assurance.
Planning Commiss
G:IETC1Development Services Review120160eveloptnent Review116-5299 RZN 4170 W. MLK February 8, 2016
Blvd, (Calypso Properties) 595M Planning Commissionl02-08-20161Comments and Redlines Agenda Item 7
15-5293 Rose-Bau
PLANNING COMMISSION ACTION: Required YES
Date: February 8, 2016 O Tabled )4 Forwarded O Denied
MOTION #1: HOFFMAN, MOTION TO FORWARD AN AMENDED REQUEST WITH NS ZONING TO REPLACE CS.
SECOND: BROWN
VOTE. 2-7-0, HOSKINS, AUTRY, SELBY, CHESSER, NOBLE, BUNCH, AND COOK VOTED 'NO', MOTION
FAILED.
MOTION 92: CHESSER. MOTION TO FORWARD FORWARD AS PROPOSED BY APPLICANT.
SECOND: AUTRY
VOTE: 7-2-0, HOFFMAN AND BROWN VOTED'NO', MOTION PASSES.
CITY COUNCIL ACTION: Required YES
Date: March 1, 2016 O Approved O Denied
BUDGET/STAFF IMPACT:
None
Attachments:
■ Unified Development Code sections 161.03, 161.07, 161.19, & 161.26
■ Request letter
• Applicant's rezone exhibit
• Bill of Assurance
• One Mile Map, Close -Up Map, Current Land Use Map, Future Land Use Map
Planning Commiss
WETMevelopment Services Review120160evelopment Review116-5299 RZN 4170 W. MLK February 8, 2016
Blvd. (Calypso Properties) 595103 Planning Commissiont02-08-2016\Comments and Redlines Agenda Item 7
15-5293 Rose-Bau
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 8
Sin2le-farnily 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
Unit 44
Cotta e HOU5in Develo meal
(C) Density.
Single-family Two-family
dwellings dwellin s
Units per acre 1 4 or less 7 or less
(D) Bulk and area regulations.
Single-family
Two-family
dwellings
dweifirt s
Lot minimum
70 ft.
80 ft.
width
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.-h,
District Lot area
minimum
Land area per
8,000 sq, ft
6,000 sq ft.
dwelling unit
(E) Setback requirements.
Front Side L Rear
15 ft. 5 ft. 15 ft,
(F) Building height regulations.
11 Building Height Maximum 145 ft.
Height regulations. Structures in this District are
limited to a building height of 45 feet. Existing
structures that exceed 45 feet in height shall be
grandfathered in, and not considered
nonconforming uses, (Ord. # 4858).
(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. n), 6 16 98;
Ord No. 4178, 831-99; Ord. 4858, 4-18-06; Ord, 5028, 6-
19-07; Ord, 5128, 4-15-08; Ord. 5224, 3-3-09; Ord. 5312, 4-
20-10; Ord. 5462, 12-6-11)
Planning Commiss
February 8, 2016
Agenda Item 7
15-5293 Rose-Bau
161.03 District R-A, Residential -
Agricultural
(A) Purposes. The regulations of the agricultural
district are designed to protect agricultural land
until an orderly transition to urban development
has been accomplished; prevent wasteful
scattering of development in rural areas; obtain
economy of public funds in the providing of public
improvements and services of orderly growth;
conserve the tax base; provide opportunity for
affordable housing, increase scenic
attractiveness; and conserve open space.
(B) Uses.
(1) Permitted uses.
Unit 1
City -Wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-familX dwellin s
Unit 9
Two-famil dwellings
Unit 37
Manufactured homes
Unit 41
Accessory dwellings
Unit 43
Animal boarding and trainin
(2) Conditional uses.
Unit 2
City-wide uses bX conditional use permit
Unit 4
Cultural and recreational Facilities
Unit 5
Government facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occupations
Unit 35
Outdoor Music Establishments
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density_
Units per acre One-half
(D) Bulk and area regulations.
Lot width minimum
200 ft.
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwellin unit
2 acres
E) Setback requirements.
Front
Side
Rear
35 ft.
20 ft.
35 ft,
(F) Height requirements. There shall be no
maximum height limits in the A-1 District,
provided, however, that any building which
exceeds the height of 15 feet shall be setback
from any boundary line of any residential district
a distance of 1.0 foot for each foot of height in
excess of 15 feet. Such setbacks shall be
measured from the required setback lines.
(G) Building area. None.
(Code 1965, App, A., Art. 5(1); Ord. No. 1747, 6-29.70;
Code 1991, §160,030; Ord. No. 4100, §2 (Ex. A), 6-16-98:
Ord. No. 4178, 8-31-99; Ord, 5028, 6-19-07; Ord. 5128, 4-
15-08; Ord. 5195, 11-6-08; Ord. 5238, 5-5-09; Ord. 5479, 2-
7.12)
Planning Commiss
February 8, 2016
Agenda Item 7
15-5293 Rose-Bau
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 _ _ CitV wide uses by ri ht
Unit 8 Single-family dwellin s
Unit 41 Accessory dwellinas
(2) Conditional uses.
Unit 2
City-wide uses by
conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 9
Two-family dwellin s
Unit 10
Three-family dwellin s
Unit 12
Limited Business'
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 28
Center for collecting
recyclable materials
Unit 36
Wireless communication facilities
Unit 44
Cottage Housing Development
(C) Density. 10 Units Per Acre-
(D) Bulk and area reggulalions
(1) Lot mid1h mininnum.
Sin le Family 40 ft.
Two Family 80 ft.
Three Family 90 ft
(2) Lot area minimum. 4,000 Sq. Ft.
(E) Setback regulations.
Front
A build -to zone that is
located between the
front property line and a
line 25 ft. from the front
property line.
Side
5 ft.
Rear
5 ft
Rear, from center line
12 ft.
of an alley
(F) Building height regulations.
Building Height Maximum 45 ft,
(Ord, 5128, 4-15-08; Ord 5312, 4-20-10; Ord. 5462, 12-6-
11; Ord. 5592, 6-18-13; Ord. 5664, 2-18-14)
Planning Commiss
February 8, 2016
Agenda Item 7
15-5293 Rose-Bau
CITY OF FAYETTEVILLE UNIFIED DEVELOPMENT CODE
161.19 Community Services
(A) Purpose. The Community Services district is designed primarily to provide convenience goods and personal
services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use
centers located along commercial corridors that connect denser development nodes. There is a mixture of
residential and commercial u3e3 in a traditional urban form with buildings addressing the street. For the purposes
of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning
district is to provide standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted uses.
Unit 1
City -Wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Govemment facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating laces
Unit 15
Neighborhood Sho in nods
Unit 18
Gasoline service stations and drive-
in/drive through restaurants
Unit 24
Home occu ations
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 44
Cottage Housing Development
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval
when combined with pre -approved uses,
(2) Conditional uses.
Unit 2
City-wide uses by
conditional use permit _
Unit 3
Public.protection and utility facilities
Unit 14
Hotel. motel and arnusement services
Unit 16
Shopping goods
Unit 17
Transoortation, trades and services
Unit 19
Commercial recreation: small sites
Unit 28
Center for collecting
recyclable materials
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities'
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(C) Density. None
(D) Bulk and area regulations.
(1) Lot width minimum.
DwellingM:ED
ll others
Planning Commiss
February 8, 2016
Agenda Item 7
15-5293 Rose-Bau
(2) Lot area minitnum. None
(E) Setback regulations.
Front.
A build -to zone that is located
between 10 feet and a line 25
feet from the front property
line.
Side and rear:
None
Side or rear, when contiguous
15 feet
to a single-family residential
district:
(F) Building Height Regulations.
t3uilding Height Maximum 56 ft.
(G) Minimum buildable street frontage. 50% of the lot width.
(Ord. 5312, 4-20.10: Ord. 5339, 8-3-10; Ord. 5462, 12.6-11: Ord. 5592, 6-18-13; Ord. 5664, 2-18-14)
Planning Gommiss
February 8, 2016
Agenda Item 7
15-5293 Rose-Bau
BLEW & ASSOCIATES, PA
CIVIL ENGINEERS & LAND SURVEYORS
February 2, 2016
City of Fayetteville
113 W. Mountain St.
Fayetteville,
SUBJECT:.
To Whom It May Concern:
Current Owner:
Testamentary Trust A, Testamentary Trust B
C/O Curtis E. Houge
75 N. East Ave. Ste. 402
Fayetteville, AR 72701
Pending Property Owner:
Bart Bauer
1417 N. Addington Ave.
Fayetteville, AR 72703
This zoning change is necessary for development of this property to allow a mix of residential developments.
Additionally, the proposed coning NC (31.18 Ac,), a strip of RA (2.19 Ac.) to preserve the natural way and the small
corner of CS (2.87 Ac,) will promote more variable types of transportation, housing and a pedestrian friendly
neighborhoods also a scenic natural way along the existing water way that divides the property . Water is located
along Morningside Dr. (Vand 24" waterlines) and Huntsville Rd. (8" waterline), Sewer is located along Morningside
Dr. (6" Sewer line).
The proposed zoning follows the City Plan 2030 Master Plan, allowing for a more diverse and low intensity
development that is consistent with adjacent property. The zoning is needed to comply with the City Plan 2030 and
to be more consistent with surrounding land uses. With this type of development alternative methods of
transportation are more readily available to the neighborhood, in turn lowering the traffic congestion and danger.
The developer is looking to utilize a smaller lot size that is not permitted under the current zoning, also while
providing a natural area that will split the property and allow for a very unique subdivision.
Sincerely,
Joseph Orr
Blew & Associates, PA
524 W. SYC NIORI�' S'I', Sl11'I'V '% .AI IK.ANSAS • 72703
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February 8, 2016
Agenda Item 7
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AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 5856
Was inserted in the Regular Edition on:
March 10, 2016
Publication Charges $ 91.00
Cathy W&0&
iles
Subscribed and sworn to before me
This 1q day of 2016.
- As,'� �� �n ,
Notary Public
My Commission Expires: `� Z Z S
ASHLEY DAVIS
Lrkansas - Washington County
ary Public - Comm# 12694247
Commission Expires Jul 2, 2025
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 5856
File Number: 2016-0085
RZN 15-5293 (701 E. HUNTSVILLE
RD./ROSE BAUER):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 15-5293 FOR
APPROXIMATELY 36.25 ACRES
LOCATED AT 701 EAST HUNTSVILLE
ROAD FROM RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE
TO CS, COMMUNITY SERVICES; NC,
NEIGHBORHOOD CONSERVATION
AND R-A, RESIDENTIAL -
AGRICULTURAL AND 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
property shown on the map (Exhibit A)
and the legal description (Exhibit B)
both attached to the Planning
Department's Agenda Memo From
RSF-4, Residential Single Family, 4
Units Per Acre to CS, Community
Services; NC, Neighborhood
Conservation and R-A, Residential -
Agricultural and subject to a Bill of
Assurance.
Section 2. That the City Council of the
City of Fayetteville, Arkansas hereby
amends the official zoning map of the
City of Fayetteville to reflect the zoning
change provided in Section 1.
PASSED and APPROVED on 3/1/2016
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
PASSED and APPROVED on 3/1/2016
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
73607003 March 10, 2016
f.,
