HomeMy WebLinkAboutORDINANCE 5877-.��.
Doc ID: 017054290003 Type: REL
Kind: ORDINANCE
ga
Recorded: 09/09/2016 at 09:23:05 AM
Fee Amt: $25.00 Page 1 of 3
Washington County, AR
Kyle SVlvester Circuit Clerk
File2016_00026321
113 West Mountain
Street Fayetteville,
AR 72701
(479) 575-8323
Ordinance: 5877
File Number: 2016-0266
RZN 16-5400 (SOUTHEAST CORNER OF PERSIMMON & BROYLES AVE./CROSS KEYS
SOUTH SD):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-
5400 FOR APPROXIMATELY 1.43 ACRES LOCATED AT THE SOUTHEAST CORNER OF
PERSIMMON AND BROYLES AVENUE FROM R-A, RESIDENTIAL AGRICULTURAL AND NC,
NEIGHBORHOOD CONSERVATION TO NC, NEIGHBORHOOD CONSERVATION AND R-A,
RESIDENTIAL AGRICULTURAL.
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 R-A, Residential Agricultural and NC,
Neighborhood Conservation to NC, Neighborhood Conservation and R-A, Residential Agricultural.
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 6/7/2016
Attest:
Sondra E. Smith, City Clerk Treas,�@�8�,�.f
_ s
_�� FAYF- EVIL'LE:
16-5400
EXHIBIT 'A'
RZN 16-5400
Close Up View
Legend
' Planning Area
Fayetteville City Limits
Trail (Proposed)
Building Footprint
CROSSKEYS SD
NORTH
Q
PERSIMMON ST
1
1
1
1
1,
1
1
1
RSF4 1
1
Subject Property
Feet
0 75 150 300 450
1 inch = 200 feet
R-A
-if
�_ -k
Zoning
RA
RS F-4
NC
PZD
U
16-5400
EXHIBIT'B'
LEGAL DESCRIPTION: (NC TO R-A)
A part of the NW1/4 of the NW1/4 of Section 13, T16N, R31W in Washington County,
Arkansas, and being described as follows: Commencing at the NW Corner of said
NW1/4, NW1/4, thence S02036'53"W 939.48 feet, thence S87°01'01 "E 480.47 feet to
the POINT OF BEGINNING, thence N02058'59"E 193.01 feet, thence S82000'03"E
59.61 feet, thence S83005'34"E 23.10 feet, thence S89055'32"E 22.89 feet, thence
S62005'53"E 13.35 feet, thence S21053'15"E 37.38 feet, thence S33037'49"E 42.58
feet, thence S29057'48"E 47.26 feet, thence S15059'44"E 55.67 feet, thence
S04031'05"E 21.55 feet, thence N87001'01 "W 205.14 feet to the POINT OF
BEGINNING: Containing 0.72 acres more or less subject to easements and right of
way of record.
LEGAL DESCRIPTION: (R-A TO NC)
A part of the NW1/4 of the NW1/4 of Section 13, T16N, R31W in Washington County,
Arkansas, and being described as follows: Commencing at the NW Corner of said
NW1/4, NW1/4, thence S02036'53"W 939.48 feet, thence S87°01'01"E 685.61 feet to
the POINT OF BEGINNING; thence S87001'01"E 211.17 feet, thence S57023'32"E
108.90 feet, thence S76053'57"W 12.14 feet, thence N88°36'11"W 34.73 feet, thence
N84041'18"W 19.17 feet, thence S67056'49"W 78.68 feet, thence S37015'15"W 54.51
feet, thence S09018'09"E 33.40 feet, thence S36043'40"W 13.93 feet, thence
S60043'27"W 18.36 feet, thence S75010'29"W 24.39 feet, thence N79007'37"W 18.34
feet, thence N30035'05"W 23.36 feet, thence N33022'24" W 36.58 feet, thence
N19°45'36"W 26.61 feet, thence N00004'00"W 20.82 feet, thence N27018'40' W 22.66
feet, thence N32057'00"W 30.64 feet, thence N01 051'45"W 43.15 feet, thence
N04031'05' W 13.17 feet to the POINT OF BEGINNING: Containing 0.71 acres more or
less subject to easements and right of way of record.
Washington County, AR
I certify this instrument was filed on
09/09/2016 0913:05 AM
and recorded Real Estate
File Numbe 201 0002 321
Kyle Sylve ter- C rc t erk
by
City of Fayetteville, Arkansas 113 West Mountain Street
` Fayetteville, AR 72701
(479) 575-8323
a
1 YWI X
' Text File
----' File Number: 2016-0266
Agenda Date: 6/7/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: D. 1
RZN 16-5400 (SOUTHEAST CORNER OF PERSIMMON & BROYLES AVE./CROSS KEYS
SOUTH SD):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
16-5400 FOR APPROXIMATELY 1.43 ACRES LOCATED AT THE SOUTHEAST CORNER OF
PERSIMMON AND BROYLES AVENUE FROM R-A, RESIDENTIAL AGRICULTURAL AND NC,
NEIGHBORHOOD CONSERVATION TO NC, NEIGHBORHOOD CONSERVATION AND R-A,
RESIDENTIAL AGRICULTURAL
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 R-A, Residential Agricultural and NC,
Neighborhood Conservation to NC, Neighborhood Conservation and R-A, Residential Agricultural.
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 6/8/2016
Jeremy Pate
Submitted By
City of Fayetteville Staff Review Form
2016-0266
Legistar File ID
6/7/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
5/13/2016 City Planning /
Development Services Department
Submitted Date Division / Department
Action Recommendation:
RZN 16-5400: Rezone (SOUTHEAST CORNER OF PERSIMMON & BROYLES AVE./CROSS KEYS SOUTH SD, 477):
Submitted by JORGENSEN & ASSOCIATES, INC. for properties located at the SOUTHEAST CORNER OF PERSIMMON &
BROYLES AVE. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and NC, NEIGHBORHOD CONSERVATION and
contains approximately 1.43 acres. The request is to rezone the property to NC and R-A.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $ -
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments:
CITY OF
Tay441■e CITY COUNCIL AGENDA MEMO
KANSAS
MEETING OF JUNE 7, 2016
TO: Mayor, Fayetteville City Council
THRU: Andrew Garner, City Planning Director
FROM: Harry Davis, Current Planner
DATE: May 13, 2016
SUBJECT: RZN 16-5400: Rezone (SOUTHEAST CORNER OF PERSIMMON & BROYLES
AVEXROSS KEYS SOUTH SD, 477): Submitted by JORGENSEN &
ASSOCIATES, INC. for properties located at the SOUTHEAST CORNER OF
PERSIMMON & BROYLES AVE. The property is zoned R-A, RESIDENTIAL
AGRICULTURAL and NC, NEIGHBORHOD CONSERVATION and contains
approximately 1.43 acres. The request is to rezone the property to NC and R-A.
RECOMMENDATION:
The Planning Commission and City Planning staff recommend approval of an ordinance to rezone
the properties from R-A to NC and NC to R-A as shown in Exhibits A and B.
13_[y3r1:011LLa
Background and Property Description: The subject property (Cross Keys South) is located at the
southeast corner of Broyles Ave. and Persimmon St. and contains approximately 1.42 acres; two
(2) sites at .71 acres each. The subject property is part of a much larger parcel that has been
approved for future phases of the Cross Keys Subdivision. This property was recently rezoned by
City Council on June 2, 2015 as part of the staff -initiated rezoning of over 600 acres in the new
South Rupple Rd. vicinity.
Request: The applicant requests to rezone the property as depicted in the attached Exhibit A. The
applicant wishes to rezone a portion of land slated to become residential lots from R-A to NC to
allow for their construction. In return, the same amount of property elsewhere within the parcel
will be rezoned from NC to R-A. This proposal is consistent with the concept approved by council
in the South Rupple Rd. area to concentrate areas of dense development in exchange for low
density and conservation in sensitive natural areas. These two sites are described in Exhibits A
and B. The property in question is between lots 8 and 9 as shown on the plat to be a part of lot
96 for the detention pond in the Cross Keys South Subdivision. The applicant has indicated an
intention to rezone 0.71 acres of this property from R-A to NC in exchange for the same amount
of property out of lot 96 to be rezoned from NC to R-A.
STAFF FINDINGS:
The City Plan 2030 Future Land Use Plan map (FLUM) identifies this area primarily as a
Residential Neighborhood Area, currently zoned NC, and Natural Area located along isolated
Mailing Address:
113 W. Mountain Street www,fayetteville-ar.gov
Fayetteville, AR 72701
floodplains, currently zoned R-A. The entire area is on the Enduring Green Network map because
it is largely undeveloped and contains high environmental quality, including remnant prairie
habitat.
The proposed zoning change is generally compatible with the surrounding residential and
natural properties. Rezoning the current R-A to NC would fit with the surrounding NC zoning.
The current NC zoned property would fit the surrounding R-A property.
While the rezoning of the R-A portion of the site does not exactly match the FLUM's designation
of Natural Areas, the applicant proposes to shift the R-A area north, but still adjacent to
surrounding R-A and natural areas. Vice versa, shifting the NC area south and adjacent to other
NC zoned land is appropriate. The applicant's refinement of the zoning lines is expected, given
that the South Rupple Rd. rezoning was completed by City Staff at a large scale (642 acres)
without information on specific development proposals or detailed field analysis.
Staff finds that the proposed zoning is justified and needed to accommodate planned
development of this area. Modification and an equal exchange of the zoning of the applicant's
property is appropriate given that the applicant has a specific development proposal that does not
accommodate the R-A zone, but can provide such space elsewhere in the development.
DISCUSSION:
On May 9, 2016 the Planning Commission forwarded the applicant's request for rezoning R-A
to NC and NC to R-A with a recommendation for approval by a vote of 9-0-0.
PLANNING COMMISSION ACTION: Required
Date: Mav 9, 2016 O Tabled X Forwarded O Denied
Motion: AUTRY
Second: SELBY RECOMMEND APPROVAL AND FORWARDED TO COUNCIL
Vote: 9-0-0
CITY COUNCIL ACTION: Required
Date: June 7, 2016 O Approved O Denied
BUDGET/STAFF IMPACT:
N/A
Attachments:
■ Exhibit A
■ Exhibit B
■ Application
■ Planning Commission Staff Report
16-5400
EXHIBIT 'A'
RZN 16-5400
Close Up View
Legend
Planning Area
Fayetteville City Limits
Trail (Proposed)
Building Footprint
NC
CROSSKEYS SD
Feet
k"1 -..1
PERSIMMON ST
fib' �i �•Yi���I�= ld��:iiI�7
1 inch = 200 feet
NORTH
4
Ill'7
i
i
i
i
w
i
II
f'
I�
I:
i
IS
i
Zoning
RA
RSF-d
NC;
PZD
16-5400
EXHIBIT'B'
LEGAL DESCRIPTION: (NC TO R-A)
A part of the NW1/4 of the NW1/4 of Section 13, T16N, R31W in Washington County,
Arkansas, and being described as follows: Commencing at the NW Corner of said
NW1/4, NW1/4, thence S02036'53"W 939.48 feet, thence S87001'01"E 480.47 feet to
the POINT OF BEGINNING, thence NO2°58'59"E 193.01 feet, thence S82000'03"E
59.61 feet, thence S83005'34"E 23.10 feet, thence S89055'32"E 22.89 feet, thence
S62005'53"E 13.35 feet, thence S21 °53'1 YE 37.38 feet, thence S33037'49"E 42.58
feet, thence S29057'48"E 47.26 feet, thence S15°59'44"E 55.67 feet, thence
S04031'05"E 21.55 feet, thence N87001'01 "W 205.14 feet to the POINT OF
BEGINNING: Containing 0.72 acres more or less subject to easements and right of
way of record.
LEGAL DESCRIPTION: (R-A TO NC)
A part of the NW1/4 of the NW1/4 of Section 13, T16N, R31 W in Washington County,
Arkansas, and being described as follows: Commencing at the NW Corner of said
NW1/4, NW1/4, thence S02036'53"W 939.48 feet, thence S87°01'01 "E 685.61 feet to
the POINT OF BEGINNING; thence S87°01'01"E 211.17 feet, thence S57°23'32"E
108.90 feet, thence S76°53'57"W 12.14 feet, thence N88°36'1 VW 34.73 feet, thence
N84041'18"W 19.17 feet, thence S67°56'49"W 78.68 feet, thence S37015'15"W 54.51
feet, thence S09018'09"E 33.40 feet, thence S36043'40"W 13.93 feet, thence
S60043'27"W 18.36 feet, thence S75°10'29"W 24.39 feet, thence N79°07'37"W 18.34
feet, thence N30°35'05"W 23.36 feet, thence N33°22'24"W 36.58 feet, thence
N19°45'36"W 26.61 feet, thence N00°04'00"W 20.82 feet, thence N27°18'40"W 22.66
feet, thence N32057'00"W 30.64 feet, thence N01 °51'45"W 43.15 feet, thence
N04031'05"W 13.17 feet to the POINT OF BEGINNING: Containing 0.71 acres more or
less subject to easements and right of way of record.
CITY OF FAYETTEVILLE, ARKANSAS
REZONING
FOR STAFF USE ONLY
FEE. $325.00
Date Application Submitted:
Sign Fee: $5.00
Date Accepted as Complete:
S-T-R:
Case I Appeal Number:
PP#:
Public Hearing Date:
Zone:
Please fill out this form completely, supplying all necessary information and documentation to support your request.
Your application will not be placed on the Planning Commission agenda until this information is furnished.
Application:
Indicate one contact person for this request: Applicant X Representative
Applicant (person making request): Representative (engineer, surveyor, realtor, etc.):
Name:Mark Marquess Name:
Riverwood Homes
Address:1533 W. Enterprise Dr Address:
Fayetteville, AR. 72704
E-mail: charlies@riverwoodhomesnwa.comE-mail:
Phone: Phone:
(479)530-4506 ( )
Fax: Fax:
Site Address/Location: SE corner of Broyles and Persimmon
Current Zoning District: R-A Requested Zoning District: NC
Assessor's Parcel Number(s) for subject property: 7 6 5 -16 2 6 9 -10 2
FINANCIAL 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.
Name (printed): Date:
Signature:
PROPERTY OWNER(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 authorizer) 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):
Name (printed):
Sienature:
fate_
Name (printed):
Date_
Rezoning Checklist:
Attach the following items to this application.
Address:
Phone:
Address:
Phone:
(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.washington.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
CITY OF
Tayft Ile
ARKANSAS
TO:
THRU:
FROM:
MEETING DATE
PLANNING COMMISSION MEMO
Fayetteville Planning Commission
Andrew Garner, City Planning Director
Harry Davis, Planner
May 9, 2015 (UPDATED WITH PC MEETING RESULTS)
SUBJECT: RZN 16-5400: Rezone (SE OF PERSIMMON & BROYLES/CROSS
KEYS SOUTH SD, 477): Submitted by JORGENSEN & ASSOCIATES,
INC. for property located SE OF PERSIMMON & BROYLES. The property
is zoned NC, NEIGHBORHOOD CONSERVATION and R-A,
RESIDENTIAL AGRICULTURE. The request is to rezone the property to
NC, NEIGHBORHOOD CONSERVATION and R-A, RESIDENTIAL
AGRICULTURE.
RECOMMENDATION:
Staff recommends forwarding RZN 16-5400 to the City Council with a recommendation for
approval.
BACKGROUND:
Background and Property Description: The subject property (Cross Keys) located off Boyles
contains approximately 1.42 acres located south of the Mountain Ranch Subdivision in west
Fayetteville. The subject property is part of a much larger parcel that has been approved for future
phase of the Cross Keys Subdivision. The surrounding zoning and land use of the area is
indicated in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
from Site
Land Use
Zoning
North
Undeveloped; rural residential
R-A, Residential Agriculture
South
Undeveloped; rural residential
NC, Neighborhood Conservation
East
Undeveloped; rural residential
R-A, Residential Agriculture
West
Undeveloped; rural residential
NC, Neighborhood Conservation
DISCUSSION:
Request: The applicant requests to rezone the property as depicted in the attached rezoning
exhibit. The applicant wishes to rezone a portion of land slated to become residential lots from R-
A to NC to allow for their construction. In return, the same amount of property elsewhere within
the parcel will be rezoned from NC to R-A. The property in question is between lots 8 and 9 as
shown on the plat to be a part of lot 96 for the detention pond in the Cross Keys South Subdivision.
The applicant has indicated an intention to rezone 0.71 acres of this property from R-A to NC in
Mailing Address: annGng Commission
113 W. Mountain Street wwwJayetteville Ma 9, 2016
tem 9
Fayetteville, AR 72701 16-5400 Cross K elys SD
Page 1 of 13
exchange for the same amount of property out of lot 96 to be rezoned from NC to R-A as shown
on the attached rezoning submittal. Once rezoned, the applicant will then add two lots between
lots 8 and 9 at the time of Final Plat
Public Comment: Staff has not received public comment.
INFRASTRUCTURE:
Streets: The subject property will eventually have direct access to Boyles (Minor
Arterial). Additional streets will be necessary at the time of development.
Water/Sewer: Water is accessible along the street frontage of Boyles Ave via a 12" pipe,
but not this this particular area of the parcel. Sewer mains exist across
Boyles or directly north in the adjacent parcel, but do not currently exist in
the parcel and the site in particular. It shall be the responsibility of the
property owner to extend utilities as needed at the time of development.
Drainage: Any additional improvements or requirements for drainage will be
determined at time of development. Portions of the subject parcels do lie
within the 100-yr floodplain.
Fire: The Fire Department did not express any concerns with the request.
Police: The Police Department did not express any concerns with the request.
PLANNING COMMISSION ACTION: Required
Date: May 9, 2015 O Tabled 1 Forwarded O Denied
Motion: Autry
Second: Selby RECOMMEND APPROVAL AND FORWARDED
Vote: 9-0-0 TO CITY COUNCIL
CITY COUNCIL ACTION: Required
Date: June 7, 2016 O Approved O Denied
CITY PLAN 2030 FUTURE LAND USE PLAN:
The City Plan 2030 Future Land Use Plan map (FLUM) identifies this area primarily as a
Residential Neighborhood Area, currently zoned NC, and Natural Area located along isolated
floodplains, currently zoned R-A. The entire area is on the Enduring Green Network map because
it is largely undeveloped and contains high environmental quality including remnant prairie habitat.
This area has been indicated on the FLUM to be developed at moderate to medium density for a
number of years. The applicant's proposal to rezone the area is conflicts with the FLUM
Planning Commission
May 9, 2016
Agenda Item 9
16-5400 Cross Keys SD
Page 2 of 13
designation for preservation of riparian areas and development of increased density in other
areas. However, the applicant's proposal is to essentially have an equal exchange of zoned land
in order to finish their subdivision and final plat process.
The nearby area is identified as having a high level of natural resources by the Fayetteville Natural
Heritage Association (FNHA), a local non-profit group. Habitat in this area is classified by the
FNHA as prairie remnant and seasonal wetlands'. 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. Remnant
prairie in the area appears to be located particularly along the riparian corridors that have less
disturbance. Due to the environmental sensitivity of the study area, staff recommended in a
previous rezone (15-5174) 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 does not directly follow the Natural
Area designation. However, the applicant is moving the R-A zoning to another part of the parcel
and still connected to the riparian corridor, identified natural area, and adjacent to other land
zoned R-A.
Residential Neighborhood Areas are primarily residential in nature and support a variety
of housing types of appropriate scale and context, including single family, multifamily and
rowhouses. Residential Neighborhood encourages highly connected, compact blocks
with gridded street patterns and reduced setbacks. It also encourages traditional
neighborhood development that incorporates low -intensity non-residential uses intended
to serve the surrounding neighborhood, such as retail and offices, on corners and along
connecting corridors. This designation recognizes existing conventional subdivision
developments which may have large blocks with conventional setbacks and development
patterns that respond to features in the natural environment.
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.
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The proposed zoning change is generally compatible with the surrounding
residential and natural properties. Rezoning the current R-A to NC would fit
with the surrounding NC zoning. The current NC zoned property would fit the
surrounding R-A property.
The rezoning is not entirely consistent with the FLUM, but staff finds it
appropriate to make an equal exchange of land between the two areas. The
concept for planned development of this area has been anticipated for many
years.
Fayetteville Natural Heritage Association Environmental Working Group Map 2008-2009
Planning Commission
May 9, 2016
Agenda Item 9
16-5400 Cross Keys SD
Page 3 of 13
While the rezoning of the R-A portion of the site does not exactly match the
FLUM's designation of Natural Areas, the applicant proposes to shift the R-
A area north, but still adjacent to surrounding R-A and natural areas. Vice
versa, shifting the NC area south and adjacent to other NC zoned land is
appropriate.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that the proposed zoning is justified and needed to accommodate
planned development of this area. Modification and an equal exchange of the
zoning of the applicant's property is appropriate given that the applicant has
a specific development proposal that does not accommodate the R-A zone,
but can provide such space elsewhere in the development.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: This rezoning will not substantially increase traffic on surrounding roads
over the existing zoning. The rezone would allow the developer to add in the
already -proposed two residential lots within the development. As individual
developments are reviewed, on and off -site street improvements will be
reviewed and recommended.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The proposed rezoning would not increase population density over the
existing zoning, as the rezone is an equal exchange of zoned land between
NC and R-A.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted under its
existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even though there
are reasons under b (1) through (4) above why the proposed zoning is not
desirable.
Finding: N/A
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Existing and proposed zoning criteria
Staffs request letter
• Rezoning exhibit
• Current land use map
Planning Commission
May 9, 2016
Agenda Item 9
16-5400 Cross Keys SD
Page 4 of 13
Close up map
Future land use map
One mile map
Planning Commission
May 9, 2016
Agenda Item 9
16-5400 Cross Keys SD
Page 5 of 13
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 bX right
Unit 3
Public protect.ion and utility facilities
Unit 6
Agriculture
Unit 7
Animal husband
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
Unit 41
Accessory dwellings
Unit 43
Animal boarding and training
(2) Conditional uses.
Unit 2
City-wide uses by 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 er 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 dwelling 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 Commission
May 9, 2016
Agenda Item 9
16-5400 Cross Keys SD
Page 6 of 13
161.26 Neighborhood Conservation
(A) Purpose The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although
Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings.
Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise
Control, the Neighborhood Conservation district is a residential zone.
(B) Uses
(1) Permitted uses.
Unit 1 City-wide uses by right
Unit 8 Sin te-family dwellings
Unit 41 Accessory dwellin s
(2) Conditional uses.
Unit 2
City-wide uses by
conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 9
Two-family dwellin s
Unit 10
Three-family dwellings
Unit 12
Limited Business'
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 28
Center for collecting
recvclable materials
Unit 36
Wireless communication facilities
Unit 44
Cottage Housing Development
(C) Density. 10 Units Per Acre.
(D) Bulk and area regulations.
(1) Lot width minimum.
Single Family 40 ft.
Two Family 80 ft.
Three Family 90 ft.
(2) Lot area minimum. 4,000 Sq. Ft.
(E) Setback regulations.
Front
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 of
12 ft.
an alley
(F) Building height regulations.
Building Height Maximum 1 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 Commission
May 9, 2016
Agenda Item 9
16-5400 Cross Keys SD
Page 7 of 13
etSuSurteSJORGENrEN Fayetteville,AR 72703
Office
2.9127
�:-e4r79.44 +ASSOCIATEJ Fax:479.582 807
g=isena"i
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March 28, 2016
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Attn: Development Services
Re: Rezoning Cross Keys Subdivision
Attached herewith please find the submittal documents in regards to a rezoning of a piece of the recently
approved Cross Keys Subdivision. When the subdivision was submitted and approved there was a small portion
that was zoned R-A so no lots could be platted at that time. The property in question is between lots 8 & 9 as
shown on the plat to be a part of lot 96 for the detention pond. We are now requesting to rezoning 0.71 acres of
this property from R-A to NC in exchange for the same amount of property out of lot 96 to be rezoned from NC to
R-A as shown on the attached Rezoning submittal. Once rezoned we can then add two lots between lots 8 & 9 at
the time of Final Plat.
We thank you for your consideration of this proposal and please call with any questions,
Thank you.
Sincerely;
Riskin L. Jorgen en, P.E.
Planning Commission
May 9, 2016
Agenda Item 9
16-5400 Cross Keys SD
Page 8 of 13
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M"9, 2016
Agenda Item 9
16-5400 Cross Keys SD
Page 10 of 13
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Planning Con mission
MaA9.2016
Agenda Item 9
16-WO Cross Keys SD
Page 11of13
Agende Item 9
16-5400Cross Keys SO
Page 12 of 13
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JM 9. 2016
Agenda Item 9
16-5400 Cross Keys SD
Page 13 of 13
NORTHWESTARKANsAs
}- Rr X ,I E. ", 2 72702 °
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. 5877
Was inserted in the Regular Edition on:
June 16, 2016
Publi ation Charges $ 78.00
a �&�L
Cathy Wiles
Subscribed and sworn to before me
This ZO day of,u/k,(, 2016.
h CLt_is
Notary Public
My Commission Expires:? %Z zS
ENotary
EY DAVIS
ashington County
Comm# 12694247
Expires Jul 2, 2025
* *NOTE*
Please do not pay from Affidavit.
Invoice will be sent.
REUEI VED
JUN 2 2 2016
CITY
Cl7yCLERKSp LL
Ordinance: 5877
File Number: 2016-0266
RZN 16-5400 (SOUTHEAST CORNER OF
PERSIMMON & BROYLES AVE./CROSS
KEYS SOUTH SD):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 16-5400 FOR
APPROXIMATELY 1.43 ACRES
LOCATED AT THE SOUTHEAST
CORNER OF PERSIMMON AND
BROYLES AVENUE FROM R-A,
RESIDENTIAL AGRICULTURAL AND
NC, NEIGHBORHOOD CONSERVATION
TO NC, NEIGHBORHOOD
CONSERVATION AND R-A,
RESIDENTIAL AGRICULTURAL.
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
R-A, Residential Agricultural and NC,
Neighborhood Conservation to NC,
Neighborhood Conservation and R-A,
Residential Agricultural.
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 6/7/2016
Approved: Attest:
Lioneld Jordan, Mayor
Sondra E. Smith, City Clerk Treasurer
73736529 June 16, 2016