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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 O`�k��•�• rRE9S�z�i �.�`C�:••\JY 0c G f. �� • Vic^ FAYETTEVILLE; Attest: y. • •� x. Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 312116 15-5293 EXHIBIT 'A' RZN 15-5293 Close Up view 11i �41 F•8 BEY DR 8 Z5t� 0 � ESA� KE soft O MSC 2 _ Z Legend RZN 15-52g3 - - - Fayetteville City Li Footprints 2010 --. Design Overlay Di ------ Planning Area RUSE -EAU E R. SUBJECT PROPERTIES NC 125 250 500 750 1,000 Feet RSF-4 cp3cslym cr. SVILLE RD iilU.N_ISYlLLE,_ Ro R-0 RA R-A RMFu6 p1P 2 d RMF-12 NC c Es N a C� G FAIRd ANE ST a XRIVA- P-1 1017 PRIV � 1os9 RMF-24 Ct�IRENGE PRIVfATg l3RpRIVAT 1359 1410 ftE 4 * C-1 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 RSF•4 -; a r 4� ARTIN LUTHER u0YA H cr SUBJECT PROPFRT71ES 0, MIRAGE R4�14tc -RPZD �-- HUNTS"" R[] A! - HUNTS'VILLE PC) � HUNTSVILLE u� CS RA R•O ' 2 +� m �+ F�, R-A RMF•6'. FAfRLANE C E RMF-12 `PEVEN Si RMF-18 cr CIS CT � a LuFNC] EL! Lu Lu i U7 - w FAfRLANEST MCCLINTON 8I W uu �r cc cc a PR1VAS11- U NAN IUCKET OR D RANKIE �' R1 1917 PRfVO FRANKIE KELLY C;R: 1099 ua KELLY ORLu 4 _ U) AVOI pG CHESAPEAKE M WAY CLARENCE PRIVATE CRPRIVAP 0 1359 141,110 M5G 0 RMF-24 E 5 fY c°Gi fl "" C-1 Legend RZfN 15-5293 ` F Fayetteville City Limits. Footprints 2010 i_• ! Design Overlay Di trio _ 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 13 1 I 0 N E: 4 7 9- 4 4 3- 4 5 0 6 X 4 1 9- 5 8 2 - 1 8 8 3 Planning Commiss February 8, 2016 Agenda Item 7 15-5293 Rose-Bau ui Q Lij cn cr- C) >< LLI LLJ <c cr� LU Planning Co mia February ry 8, 0 16 Agendla Ite 7 Ig_nIzj se se -Ba LL 11 Lo tv R. 15-5293 Rose-Bau RZN 15-5293 ROSE-BAUER One Mile View LAFAYETTE ST ? oOGV/ooD LN L U 4R v � L'i a� 9F-ARt- 5T y ST r a[i'KSON S.r '' [} SKY�LFNE :•. • k•. lr E t u: r on SAPWR t4 a pF 414 LIFT Y ui MEAD To I� xG 'FPS BLVD �;.•. FRiI/��. � r � q �`�" to � SPINEL s � 1 LtJK NERS7 tT mood `�� . 1 Ck G�P(`RL}•�"�+...;�-•`'' �g%517� R i)ili9iERV ■ oDGERS #3R S i PI AC4�jt ROCK 5 ! V r4 u �GFITS Ott xyp PEPP n h to "UTA,yyF pT /NC OF WOE) _j Q PRIVATE 30 ry ! Y s PRIVATE 4TH Sr 3.99 z SUBJECT PROPERTIES T ?: w g H R€i �VILLE a• U �. � ♦S 0r�. 5T • •y;c FA!r U%NF S1 PR0;p E"JALYN ; f q r 1 + CIR UP 8i #3i11 $T g SANDY OR lLl AJt 1TH _ Sr7 fC '^ Li. r.. �! 0 CI�1I C_I a[a a 1y a� u 4 [� C3 f�.i�7 0 ix.; A. '� J .. U 4 C3a it, I-1 tt i •!i r� 191 i9TH ST PRIVATE ,u No 2 2 Legend 22,yo5•f _. PRWVAT[" ,pt,:+ _ n Y ri .Js�e Paved Trail ?io.3 M STATit]NRC#'P(i r N-Rtr NeiggorhpgMk Trail ,. _ 2 Natur0 Surface Trail lSi UCI> Vi RZN - 5293 overview Hillside -Hilltop Overlay District r 1 DesigA Overlay District y 1 Planni ig Area Fayett Ville 19 LI 0.25 0.5 1 les Planning Co miss Eab Agenda Item 7 15-5293 Rose-Bau 15-5293 Rose-Bau RZN 15-5293 ROSE-BAUER Close Up View PW tint .x, Ati SUBJECT PROPERTIES q w q NC C7 a�a LICCI,wNrr>;.i sr C1 NAr4Tt)CKz, FRANI4IE KELLY C I R a FRANKIE: <ELLY OR [� Q 1 Legend RZN 15-5293 - _ - Fayetteville City L Footprints 2010 ---__j Design Overlay D ---- Planning Area 0 125 250 500 750 1,000 Fe st �r anti . R•A AMF-12 SEVEN HILLS ACT P-1 Planning Commi s February 8. 201 Agenda Itern 15-5293 Rose-Bau RZN 15-5293 Current Land Use ROSE-BAUER SUBJECT PROPERTIES Multi -Family 1UN I'SYLUE RD r r r Y r A Multi Rj— Single Family Family d. I F1 ST NARTU.CK T Oft FR IL AW MLllti-Family-ndy �Lcy 0 Un deve lope d ej- C4ESI\PEAKE $ Rt. ve Ull lu ew RZN1 5-5293 Fayetteville City Li nits Footprints 2010 Design Overlay Di itrict Planning Area 0 -7f Planning Cornmijs February 8, 2011 A-g-33757M Itern 7 15-5293 Rose-Bau NoRTHWESTAmANsAs LLHt('tk"1F;,( 10yu," l -&K��mLyu" ,. , r .., , ..J . I. -P'Y� 1 i h-\ Iii.i'. r; ":�. , i7 J wit--.. 4;9-69,r18 tV vtWA,'F,l.i., _ , r 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.,