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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 r_` rr; 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 r�A��X��xKk��aa sd_vrJ5k5395��^55� g g q H:,H!,HR XH_ � LL! a a¢3F x I s r F° H J I .F; oa m aU `I1 N a m� $ o0 }� Yli 1 � t331fi3113517�dd jI - da Olt S �Z3w o ¢ �'ry a _m2.$ E �4 wz _ W s7 s="E RZN 16-5400 CROSSKEYS SD Current Land Use A& NORTH Try DUST ST ��� au �. .. t i z PUTT G + -- -, . _ � s� GREEN b 1V�G N Single Family ■' .^ SOAPSTONE DR �_ � '� O • � PERSIM.MoN ST rtrrarrxrr�xrretx'vy -- ' .--•..._.,-_-_ ' _ __ . > r. Long Term Care Facility ,.6 Undeveloped "Oil tooil 1110fttrlirr�ar�r►irir��xttt�j � CC errrerssex4xet ts.�ri 'xr Woolsey W xti' r►M A # Wet Prairie ' a' _ ut l w°. p r .� Undeveloped Legend ssssrss Trail (Proposed) Feet RZN16-5400 0 145 290 580 870 1,160 Planning Area Fayetteville City Limits I Planning Commission M"9, 2016 Agenda Item 9 16-5400 Cross Keys SD Page 10 of 13 RZN 10-5400 CROSSKEYS SD A& Future Lar1d Use NORTH O pT u TRAIL DUST ST c7 I Y i� f� I" PUTTING GREEN Dot rn r/} W 7 2 Lk! E _ N Of SOAPSTONE DR ` O WEDGE PERSiMMoN. ST- a _s- r !4 E r a � f � i 'r a y r - r r � r 11 � r r r a t£ r r r a r; r Legend Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint Feet 0 145 290 580 870 1 inch = 400 feet FUTURE LAND USE 2030 Natural Area Residential Neighborhood Area Civic Institutional 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 RZN 16-5400 C RO S S K E Y S SD A& One Mile View NORTH glx+rrrixrrsssrrlarvs +!I1r 111111/1111111l i Legend 1 ' Planning Area Fayetteville City Limits 111E€ii Trail (Proposed) Building Footprint Planning Area - Fayetteville City Llmits 0.5 Miles r 77 Y ov#r1n; FLF0-FLiM1tiE g C-1 i �xr er rr� w ti§ ti~ 4 4 r n Y by CS O~ GVEL v Zoning of crs '"ST'ao;'T"Planning Co mission 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