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HomeMy WebLinkAboutORDINANCE 5897Ord ` pq RZN 16-5483 Doc ID: 018653780003 Type: REL EXHIBIT �C� Kind: PROTECTIVE COVENANT Recorded: 06/24/2019 at 03:31:13 PM page 1 of 3 Fee Amt : $25.00 Paqe 1 of 3 JL Washington County, AR Kyle Sylvester Circuit Clerk BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS Fi1e201g-00018264 In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") 1 j < i , l.. I ti 1 i , ; b �_.�,_6 / 1,J, ' / t '. J , hereby voluntarily offers this Bill of Assurance and enters into this binding 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 No restrictions are being placed on this pWerty, with the exception of a 60-foot wide _ conservation easement centered on the two stream channels, as generally shown on the attached exhibit. 2. Other restrictions including number and type of structures upon the property are limited to Development within the conservation easements shall be limited to a maximum of 5 ioutd mtility crossiues and trail construction. The Pl:mnim; Commission may Ipprovc I additional cnrssing at the time of preliminary lot. Minor grading along the edge of the easement may be allowed to tie in grading lines. 3. Specific activities will not be allowed upon petitioner's property include 4. (Any other terms or conditions) RZN 16-5483 EXHIBIT'C' page 2RZN 16-5483 EXHIBIT 'C' page 1 of 3 of 3 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 agreement with all the terms and conditions stated above, I, 1��_ `! �, ►"� �• y Tr��:i as the owner, developer or buyer (Petitioner) voYuntarily offer all such assurances and sign my name below. r •L�11------ Y)at Addre / STATE OF ARKANSAS COUNTY OF WASHINGTON Printed Namee,/,a,4S /7 Signature NOTARY OATH And now on this the _ day of 20 lL appeared before me, _— r 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. �I NO ARY PUBLIC My (,ommission Expires: ROBIN K. MATLOCK MY COMMISSION K 1239'7076 �^�. EXPIRES: February 13, 2024 '.'lJ:hillrllMl Cr�unlj. M 56gn RZN 16-5483 EXHIBIT FOR BILL OF ASSURANCE EXHIBIT 'C' page 3 of 3 6-048-94,142 Degrees . NC RSF-8 Washington County, AR I certify this instrument was filed on 0612412019 03'.31 A 3 PM and recorded in Real Estate File Number 2019-000182e k Kyle Sylvester - by 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5897 File Number: 2016-0367 �I��lI�IIIIIIIIII�IIIIIIIIIIlIIIIIINIIIIIIIIIIIIIII �IIII �IIII Iflll Ill!! I!!!!!I! Doc ID: 017054240003 Type: REL Kind: ORDINANCE Recorded: 09/09/2016 at 09:21:17 AM Fee Amt: $25,00 Pape 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File2016-00026316 RZN 16-5483: (NE CORNER OF MORNINGSIDE & 15TH ST./RAUSCH COLEMAN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5483 FOR APPROXIMATELY 36 ACRES LOCATED AT THE NORTHEAST CORNER OF MORNINGSIDE AND FIFTEENTH STREET FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION, 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 NC, Neighborhood Conservation, subject to a Bill of Assurance (Exhibit C to the Planning Department's Agenda Memo). 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. / T Rr- PASSED and APPROVED on 8/16/2016 _ - FAYETTEVI LLE - Approved: Attest: �r� P�' •,tip r� rY'•..••••Q��' s�J� III TO T fC ` Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 8117116 RZN 16-5483 EXHIBIT 'A' RZN 16-5483 EXHIBITS' page 1 of 2 TRACT "A" ALL THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, THAT LAYS NORTH OF THE RIGHT OF WAY OF ARKANSAS STATE HIGHWAY #16, ALSO KNOWN AS 15", STREET AND EAST OF THE EAST RIGHT OF WAY OF MORNINGSIDE DRIVE. LESS AND EXCEPT THE FOLLOWING: COMMENCING AT THE NORTH EAST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 02°47'36" WEST A DISTANCE OF 582.75 FEETTO THE POINT OF BEGINNING; THENCE SOUTH 02°44'15" WEST A DISTANCE OF 663.92 FEET, THENCE NORTH 87°15'49" WEST A DISTANCE OF 470.22 FEET; THENCE NORTH 02'44'15" EAST A DISTANCE OF 6S4.87 FEET; THENCE SOUTH 88'21'58" EAST A DISTANCE OF 470.31 FEET TO THE POINT OF BEGINNING. CONTAINING 29.6 ACRES MORE OR LESS. SUBJECT TO ANY EASEMENTS OF RECORD OR FACT. Washington County, AR I certify this instrument was filed on 09/09/2016 09:21:17 AM and recorded in Real Estate File {dumber 2016 019"125316 Kyle Sylvester - Circ t l� k by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 .: Text File File Number: 2016-0367 Agenda Date: 8/16/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 3 RZN 16-5483: (NE CORNER OF MORNINGSIDE & 15TH ST./RAUSCH COLEMAN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5483 FOR APPROXIMATELY 36 ACRES LOCATED AT THE NORTHEAST CORNER OF MORNINGSIDE AND FIFTEENTH STREET FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION, 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 NC, Neighborhood Conservation, subject to a Bill of Assurance (Exhibit C to the Planning Department's Agenda Memo). 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 8/17/2016 City of Fayetteville Staff Review Form 2016-0367 Legistar File ID 8/16/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item / Jeremy Pate 7/29/2016 City Planning Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: RZN 16-5483: Rezone (NE CORNER OF MORNINGSIDE & 15TH ST./RAUSCH COLEMAN 564): Submitted by RAUSCH- COLEMAN, INC. for property at the NE CORNER OF MORNINGSIDE & 15TH ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 36.00 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION, subject to a Bill of Assurance. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Previous Ordinance or Resolution # Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title $ Approval Date: V20140710 CITY OF Fay7 e CITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF AUGUST 16, 2016 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Planner DATE: July 29, 2016 SUBJECT: RZN 16-5483: Rezone (NE CORNER OF MORNINGSIDE & 15TH ST./RAUSCH COLEMAN 564): Submitted by RAUSCH-COLEMAN, INC. for property at the NE CORNER OF MORNINGSIDE & 15T" ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 36.00 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION, subject to a Bill of Assurance. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the property to NC, Neighborhood Conservation as shown in the attached Exhibits 'A' and 'B' and subject to a Bill of Assurance, Exhibit 'C'. BACKGROUND: The subject property is a 36 acre parcel located on the northeast corner of Morningside Drive and 15th Street. A small portion of the parcel extends to the south side of 15th Street. The parcel is currently zoned RSF-4. The property is undeveloped pasture, and remains in agricultural use. The parcel contains some flood plain, and a string of ponds that become a protected stream immediately to the south. These valuable natural resources are classified as Natural Area on the 2030 Future Land Use Plan, the remainder of the site is classified as City Neighborhood Area. Request: The request is to rezone the property from RSF-4 to NC, Neighborhood Conservation, subject to a Bill of Assurance placing land classified as Natural Area within a Conservation Easement approximately as shown in the attached Exhibit 'C', in order to allow development of higher density single-family housing. The proposed Bill of Assurance allows a maximum of 5 road/utility crossings and trail construction over the area conserved. Land Use Compatibility. The proposed zoning is compatible with the surrounding mixture primarily of residential uses. The immediate area contains a range of single-family and multi -family development types, and all share a low to moderate densities, a residential development pattern that would be continued in the NC zone. Land Use Plan Analysis: A majority of the site is classified as City Neighborhood Area. The proposed zoning for higher density single family development (NC permits 10 units per acre) is Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 generally compatible with the City Neighborhood designation that encourages higher density and a wide spectrum of housing types. The proposed NC zoning is possibly too low of a density with a lack of permitted uses other than single family. However, given the setting of this site adjacent to the Walker Park Neighborhood with similar development patterns the zoning is appropriate. The proposed zoning, as limited by the proposed Bill of Assurance, is also consistent with that portion of the property designated as Natural Area. DISCUSSION: On July 25, 2016 the Planning Commission forwarded the applicant's request rezoning with a recommendation for approval by a vote of 6-0-0, BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A ■ Exhibit B ■ Exhibit C ■ Application ■ Planning Commission Staff Report RZN 16-5483 EXHIBIT'B' page 2 of 2 TRACT "B" PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS. COMMENCING ATTHE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 02°52'58" WEST A DISTANCE OF 27.89 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87°03'55" EAST A DISTANCE OF 849.45 FEET; THENCE SOUTH 02°46'10" WEST A DISTANCE OF 152.24 FEET; THENCE NORTH 87°15'33" WEST A DISTANCE OF 849.75 FEET; THENCE NORTH 02°52'58" EAST DISTANCE OF 155,11 FEETTO THE POINT OF BEGINNING, CONTAINING 2.99 ACRES MORE OR LESS. SUBJECT TO HWY #16 ALONG THE NORTH SIDE AND MORNINGSIDE DRIVE ALONG THE WEST SIDE AND ANY EASEMENTS OF RECORD OR FACT. -14 - RZN 16-5483 EXHIBIT 'C' page 1 of 3 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 this property, (hereinafter "Petitioner") _t ] t 4 , L i' t* k, ' I, � -/n Ltf ,I-. , � ` / i t. � / , hereby voluntarily offers this Bill of Assurance and enters into "binding 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 Petitioners 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 No restrictions are being placed on this property, with the excel2tion of a 60-foot wide _ conservation easement centered on the two stream channels, as generally shown on the attached exhibit. 2. Other restrictions including number and type of structures upon the property are limited to Development within the conservation easements_ shall be limited to a maximum of 5 roadlntility crossings and trail construction. The Planning Commission may i2provc l additional crossing at the time of preliminary lot. Minor grading along the edge of the easement may be allowed to tie in grading lines. 3. Specific activities will not be allowed upon petitioner's property include 4. (Any other terms or conditions) _ _ RZN 16-5483 EXHIBIT'C' page 2RZN 16-5483 EXHIBIT 'C' page 1 of 3 of 3 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 Petitioners 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 agreement with all the terms and conditions stated above, I, { '., "rwr :`f ' ;. Ty'u as the owner, developer -or buyer (Petitioner) voYuntarily offer all such assurances and sign my name below. gate} � t L` Addres t: STATE OF ARKANSAS COUNTY OF WASHINGTON r l Printed Narnel'/a,k S P Signature NOTARY OATH And now on this thf"her day of A 20 �J p, appeared before me, � � �• 4 �Lu S and after being placed upon hiath swore or affirmed that he/she agreed with the terms of the above Bill. of Assurance and signed his/her name above. `4N___�q RYPUBLiC My Commission Expixes: E ROBIN K. MATLOCK MY COMMISSION q 12397078 EXPIRES: l=cliru�ry 13, 2024 vv.::lilPlij€U[I rilkU371y RZN 16-5483 EXHIBIT FOR BILL OF ASSURANCE EXHIBIT'C' page 3 of 3 Nc .iL -.iiiiiiiiiiilik1w r 'r r RSF-4 i 60, (ousel-vatism f:asen;ent q . Centered on Stream M MSC .. s 't` r 4 f (33.048-.94-142 Degrees ' RSF-8 (71TV OF I<AYETTEVILLE, ARKANSAS Ill+ZO NING FOR 87AFT, USE ONL Y FEF.: $325.00 Data Applicallon Submilleet Sign Fee: $5.00 Data• A•cepled as Complete: S-T-R: (.'as•e /Appeal Number: PP#: Publlc hearing Dale: Zone: Please fill out this form completely, supplying all necessary infurmation and documentation to support your request. Your application tvlll not be placetl on the Planning Commission agenda until this information is furnished. Almilolifilm., lndicnte one contact pet -son for this request: Applicant (person making request): Name; Jesse F'ulcher Address: 4058 N. College Avenue `�c�l yetteV111e, AR 7270 — I``.-ntail: jesse.lLItAmi �ruuschcoleman.com f'hmie: t 1 479-301-6639 Applicant Representative Representative (engineer, surveyur, reallor, etc): Name. - Address: F-moil.: Phone: t l Fax, Fav Site Address / Location. Northeast corner of 1 Sih Street and Morningside Parcel 9765-15088-000 4 Currcnl Zoning District: RSF-Requested Zoning District. NC Assessor's Pal ecl Numbet(s) fill- subject propcily: 36 Acres FINANCIAL INTERESTS The Following entities and t or people have financial interest in this project: A9rn rh 20; •1 Yrk= 1 APPLICANT/RF.PRESENTA7711E: I certify under penalty of perjury Ili at the Foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best army knowledge and belief, true and correct- 1 understand that submittal of incorrccr or raise inrorination is grounds for invalidation ofapplication completeness, determination, or approval. t understand that the City might not approve what I am applying For, or might set conditions on approval. n• Name (uticdf. 4 SS4 `lt,)\'� � Date: � 11olt�e PROPERTY OWNER(() /Al/7710RIM) AGENT: 1/we certi fy under penally of pcijury that I am/we are the owner(s) of the property that is the subject of this application and that Uwe have read this application and consent to its liIing (IJ'signed by the authorized agent, a feller from each properly owner must be provided Indicating that the agent is aulhorized to act on his/her behalf.) Property Owners of Record (allach additional bifal if necesvn v)t fvfltm� triatedi � � l f �•.� r � +. �lrlttrG,s I`, / '�•, � j•� �cs tt 1. _J P' it11iJ + �" u+ufri� tiifrurtus4 (f C i r ) i t T 1+JW I 1 phone: — I.cte_fJjl 1 __= Name l rioted): Address: Sibaature. Date: Phone: - - I 1 Rezoning Checklist: A11ach (he/allowing iterns to this uppliculion: (1) Payment in full of applicable ices for processing the application: $325.00 application lee $5.00 public notification sign tee (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 il'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. (d) A copy of the county parcel map from the Washington County Assessor's office or f•rOm the Washington County website(w_4s<<y,�t�,wtisl�iii�h�ntir,.u5). 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, Mold 'aid Poge.. 2 CITY OF • Tay% -Ile PLANNING COMMISSION MEMO ARKANSAS TO: City of Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Current Planner MEETING DATE: July 25, 2016 (Updated with Planning Commission results SUBJECT: RZN 16-5483: Rezone (NE CORNER OF MORNINGSIDE & 15T" ST./RAUSCH COLEMAN 564): Submitted by RAUSCH-COLEMAN, INC. for property at the NE CORNER OF MORNINGSIDE & 15T-1 ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 36.00 acres. The request is to rezone the property :o NC, NEIGHBORHOOD CONSERVATION, subject to a Bill of Assurance. RECOMMENDATION: Staff recommends forwarding RZN 16-5483 to the City Council with a recommendation for approval of NC as proposed, subject to a Bill of Assurance. BACKGROUND: The subject property is a 36 acre parcel located on the northeast corner of Morningside Drive and ,15" Street. A small portion of the parcel extends to the south side of 151 Street. The parcel is currently zoned RSF-4. The property is undeveloped pasture, and remains in agricultural use. The parcel contains some flood plain, and a string of ponds that become a protected stream immediately to the south. These valuable natural resources are classified as Natural Area on the 2030 Future Land Use Plan. On March 1, 2016 the City Council approved a rezone for the northern 34 acre portion of this property. The property was rezoned from RSF-4 to a mixture of Commercial Services (CS), Neighborhood Conservation (NC), and Residential -Agricultural (R-A). The R-A portion was created in an effort to encourage conservation of the connected ponds that cross the property and to provide a green belt connection between natural areas to the north and south of the property. The rezoning configuration was intended to concentrate development more densely onto portions of land away from sensitive environmental resources. The zoning of CS and NC allows for a residential density of more than double that permitted in a typical single family (RSF- 4) zoning_ This provides the opportunity to preserve remaining land zoned R-A for conservation, public and neighborhood use. Although not required under the R-A zoning, one of the benefits of this type of zoning pattern is that it allows a significant amount of greenways and linkages through a neighborhood and access to these amenities for a large number of residents. The R-A zoning is a low density zoning that will reduce impacts to sensitive environmental resources compared to standard zoning districts. Surrounding land use and zoning is depicted on Table 1. Planning Commission Maillnc1 Addtt-o4. Jul 25, 2016 17 W. Mountain s1_reet �rvvawfayettevilleAdkhOltem 5 rayet:eviil M 7 /('l 16-5483 Rausch Coleman Page 1 of 23 Direction from Site North South East West Table 1 Land Use and Zorn Land Use Agricultural Undeveloped City of FayettevillelUndeveloped Residential/Senior Housing Zoning NC, Neighborhood Conservation RSF-8, Residential Single-Family/RMF-24, Residential Multi -family RSF-4, Residential Single-Family/RMF-12, Residential Mufti -family NC. Neighborhood Conservation/DG, Downtown General Request: The request is to rezone the property from RSF-4 to NC, Neighborhood Conservation, subject to a Bill of Assurance placing land classified as Natural Area within a Conservation Easement approximately as shown in the attached exhibit, in order to allow development of higher density single-family housing. The proposed Bill of Assurance allows a maximum of 5 road/utility crossings and trail construction over the area conserved. Public Comment: Staff has not received public comment. INFRASTRUCTURE: Streets: The subject parcel has access to both Morningside Drive, and 151 Street (Hwy 16). Morningside Drive is a partially improved two lane road with curb/gutter and sidewalk along the west side, as well as open ditches along the east. 15" Street is also State Highway 16, and is an unimproved two lane roadway with open ditches on both sides. Any further street improvements would be determined at time of development. Water: Public water is available to the site. A 24" water main exists along the property frontage of Morningside Drive on the east. In addition, a 12" water main exists along the property frontage of 1511 Street on the south. Sewer: Public sewer is not available to the site. GIS indicates the nearest accessible sanitary sewer main to be located approximately 400 feet south of the property on Morningside Drive. An off -site sanitary sewer extension would be required to service the property at the time of development_ Drainage: Any additional improvements or requirements for drainage would be determined at time of development. Portions of this parcel lie within the FEMA designated 100-yr fioodplain. No protected streams are present on this parcel, No portions of this parcel lie within the HHOD. 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 2030 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. Planning Commission I G:\ETC10evelopment Services Review120160evetopment Review"16-5483 R'ZN NE cornet July 25, 2016 Morningside �& 15Ih (Bausch Coleman)101 Planning Commissions07-25-20161Commenls and Agenda Item 5 Redlines 16-5483 Rausch Coleman Page 2 of 23 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. The portion of this site designated on the Future Land Use Map 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 Future Land Use Map. Due to the environmental sensitivity of the study area, Staff recommends in favor of the applicant's proposal that portions of the land identified as Natural Area be placed within a 60 footwideconservation easement that will be centered on the drainage/stream. This easement should result in conservation along #here greenway corridors in exchange for higher density in other areas. 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: Land Use Compatibility: The proposed zoning is compatible with the surrounding mixture of residential and institutional uses. The immediate area contains a range of single-family and multi -family development types, and all share a low to moderate densities, a residential development pattern that would be continued in the NC zone. Land Use Plan Analysis: The proposed zoning with the Bill of Assurance for a conservation easement over land classified as Natural Area is generally compatible with the Future Land Use Map for the portion of property designated as City Neighborhood Area, The proposed zoning, as limited by the proposed Bill of Assurance, is also consistent with that portion of the property designated as Natural Area. 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 moderately dense single -residential neighborhood. The proposed zoning district would beneficially increase residential densities above those allowed under the current 4 unit per acre limit, a goal of the City Plan 2030 for infill in the core of the City. The property is located less than one mile from the city center, and in staff opinion, the pattern of development should reflect that with increased density and traditional town form as indicated by the goals of City Plan 2030. Planning Commission G:%ETMDevelopment Services Reviewl2016iDevelopment Review116-5483 RZN NE corner July 25, 2016 Morningside & 15th (Rausch Coleman)V Planning Commission107-25-2016FComments and Agenda Item 5 Redlines 16-5483 Rausch Coleman Page 3 of 23 A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has access to 15th Street and Morningside Drive. Morningside Drive is a partially improved `Collector' street. 15th Street is an unimproved `Principal Arterial' Street. The rezone encourages development that 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 NC 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 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: NIA RECOMMENDATION: Staff recommends forwarding RZN 16-5483 to the City Council with a recommendation for approval of NC as proposed, subject to a Sill of Assurance. Planning Commission G_tETCOevelopment Services Review120160evelopment Review=16-5483 RZN NE corner July 25, 2016 tvInrningside ,g 15th (Rausch Coleman)t01 Planning CommissionM07-25-2016".Comments and Agenda Item 5 Redlines 16-5483 Rausch Coleman Page 4 of 23 PLANNING COMMISSION ACTION: Required YES Hate: July 25, 2016 © Tabled x Forwarded © Denied Motion: Hoskins Second: Hoffman Vote: 6-0-0 Note: recommend approval CITY COUNCIL ACTION: Required YES Date: August 16, 2016 O Approved O Denied BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code sections 161.03, 161.07 & 161.27 • Request letter ■ Bill of Assurance • Proposed Conservation Easement Area • One Mile Map, Close -Up Map, Current Land Use Map, Future Land Use Map Planning Commission G:lETCTevelopment Services Review1201610evelopment Review116-5483 RZN NE corner July 25, 2016 Momingside 8. 15th {Rausch Coleman}401 Planning Commission107-25-20161Comments and Agenda Item 5 Redlines 16-5483 Rausch Coleman Page 5 of 23 Fayetteville, AR Code of Ordinances Page I of 8 161.03 - 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 1 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 1 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit about:blan Planning Commission July 25, 2016 Agenda Item 5 7!bIAIBI a'nsch Coleman Page 6 of 23 Fayetteville, AR Cade of Ordinances Page 2 of 8 Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 I 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 (D) SulkandArea Regulatlons. Lot width minimum Lot Area Minimum: Residential: Nonresidential: One-half (112) 200 feet 2 acres 2 acres Planning Commission July 25, 2016 Agenda Item 5 about:blank 61 k8 }2�1sch Coleman Page 7 of 23 Fayetteville_ AR Code of Ordinances Lot area per dwelling unit (E) Setback Requirements. Front I Side 8 35 feet 20 feet. [ 2 acres f Rear 35 feet (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. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5-09; Ord, No. 5479, 2-7-12) 161.07 - District RSF-4, Residential Single -Family - Four (4) 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 l City-wide uses by right Unit 8 1 Single-family dwellings about:blank Planning Commission July 25, 2016 Agenda Item 5 7146AT(Usch Coleman Page 8 of 23 Fayetteville, AR Code of Ordinances Page 4 of 8 Unit 41 Accessory dwellings (2) Conditional Uses, Unit 2 ' City-wide uses by conditional use permit Unit 3 I Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 f Two-family dwellings Unit 12 I Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development (C) Density; Units per acre aboutblank Single-family dwellings 4 or less Two (2) family dwellings 7 or less Planning Commission July 25. 2016 Agenda Item 5 'jIklMg8(Jtsch Coleman Page 9 of 23 F'-,wetteville_ AR Code of Ordinances Page 5 of 8 (D) Bulk and /l rea Regulatlons. Lot minimum width Lot area minimum Land area per dwelling unit Hillside Overlay District Lot minimum width Hillside Overlay District Lot area minimum Land area ,per dwelling unit Single-family dwellings 70 feet 8,000 square feet 8,000 square feet i 60 feet 8,000 square feet 8,000 square feet 1 (E) Setback Requirements. Front Side I 15 feet 5 feet about:blank Two (2) family dwellings 80 feet 12,000 square feet 6,000 square feet 70 feet 12,000 square feet i 6,000 square feet Rear 15 feet Planning Commission July 25, 2016 Agenda Item 5 74W8,wiAsch Coleman Page 10 of 23 Fayetteville AR Code of Ordinances Page 6 of 8 (F) Building Height Regulations I Building Height Maximum 45 feet 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. (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. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06, Ord. No. 5028, 6-19-07, Ord, No. 5128, 4-15-08; Ord, No, 5224, 3-3-09; Ord, No, 5312, 4-20-10; Ord. No, 5462, 12-6-11) 161.27 - 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. (8) Uses. (1) Permitted Uses. Unit 1 Unit 8 Unit 41 about:biank City-wide uses by right Single-family dwellings Accessory dwellings Planning Commission July 25, 2016 Agenda Item 5 MOIQ("sch Coleman Page 11 of 23 Fayetteville. A R Code of Ordinances Page 7 of 8 (2) Conditional Uses. Unit 2 I City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit Cultural and recreational facilities Unit 9 Two (2)family dwellings Unit 10 1 Three (3) family dwellings 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, Ten (10) Units Per Acre. (D) Sulk and Area Regulations (1) Lot Width Minimum. Single Family abolit:hlank 40 feet Planning Commission July 25, 2016 Agenda Item 5 761"J%sch Coleman Page 12 of 23 Vn%,.,ttcv ille_AR Code ol'Ordinances f"tr'e 8 o1, 8 Two Family Three Family (2) Lot Area Minimum. 4,000 square Feet (E) Setback Regulations. Front Side Rear Rear, from center line of an alley 80 feet 90 feet A build -to zone that is located between j� the front property lute and a line 25 feet i from the front property line. 5 feet 5 feet. 12 feet (F) 80ding Height Regulations Building Height Maximum 45 feet (Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; ord. No. 5462, 12-6-11; Ord. No, 5592, 6-18-13; Ord. No, 5664, 2-18-14; Ord. No. 5800._§ I (Exh..6).10-6-15) cab(nt1:blaA Planning Commission July 25, 2016 Agenda Item 5 j.6t1DkWa,&sch Coleman Page 13 of 23 FLUM designated 'Natural Area' NNW' INA A ntly l4iarea rece Irezoned to R-A P, M "00 16 proposed conservation easement n. Jul 25.2016 Ag, Item 5 410 205 © 410 Fee, 16-5483 Rausc leman Page 14 of 23 16-5483 RZN Applicant's Request Letter To the Fayetteville Planning Commission: a. The property is currently owned by the Testamentary Trust A. Rausch Coleman Homes has the property under contract. b. We are requesting the rezoning to allow for single-family home development. The increased density allowed under Neighborhood Conservation is more appropriate than RSF-4, given the properties close proximity to schools, parks and downtown Fayetteville, which lest then 1 mile to the west. c. The Neighborhood Conservation zoning district will be very compatible with surrounding land uses, which are primarily residential. Land uses to the west include a church, multi -family housing and single-family housing. Property to the south and east are primarily undeveloped, with the exception of the 7-Hills development adjacent to the east property line. There is a large, single-family residence to the north that was approved for educational services. A small business occupies land at the corner of Huntsville and Morningside. d. There is adequate water and sewer capacity adjacent to this site to serve future development. This includes 6-inch, 8-inch, 12-inch and 24-inch water lines; and 6-inch and 8-inch sewer lines. e. The proposed zoning of Neighborhood Conservation is very consistent with land use planning objectives and policies and with the future land Use Plan. Specifically, the Neighborhood Conservation district is intended to promote and protect neighborhood character. Although much of the adjacent land is undeveloped, the subject property is within reach of the Walker Park Neighborhood Plan and the overall downtown area of Fayetteville. There are many established neighborhoods, primarily consisting of small lot, single-family residences, to the west of this land. The Neighborhood Conservation district allows for smaller, single-family lots that are consistent with the historical context of surrounding neighborhoods. Further, the Future Land Use Plan designates the site as a City Neighborhood Area, which are more densely developed areas, providing fora spectrum of uses and densities in all housing types. The Neighborhood Conservation zoning district allows for a more -dense, single-family development pattern than the existing RSF-4 zoning district, which typically averages less than 3 units per acre. In addition to compliance with the Future Land Use Map and surrounding land uses, the Neighborhood Conservation zoning district will also allow the site to be developed in accordance with all of the goals of City Plan 2030. • Goal 1, The subject property is adjacent to the Walker Park Neighborhood, and in close proximity to downtown Fayetteville. While being a greenfield site, the location most certainly qualifies it for infill development and certainly not suburban sprawl. • Goal 2: As noted above, the proximity of the site to existing public infrastructure, established neighborhoods and downtown make this an infill location. • Goal 3: The neighborhood conservation zoning district provides a build -to zone, which requires a more traditional building placement along the street and sidewalk edge. In addition to building placement, this neighborhood is within walking distance of small- scale commercial uses, churches, parks and jobs. Planning Commission July 25, 2016 Agenda Item 5 16-5483 Rausch Coleman Page 15 of 23 • Goal 4: The subject property is located along and adjacent to Ozark Regional Transit Services and the Fayetteville Trail System. Additionally, interior streets will be designed with short block lengths, narrow travel ways and an eye for slow traffic speeds. • Goal 5: Approximately 2,2 acres of waterways and pools within the overall 73-acre property have already been set aside as preserved greenspace. Additionally, areas within the subject 36-acre property will also be set aside as a riparian buffer and neighborhood park. An overall goal of this development is to preserve and enhance natural drainage features. It Goal 6: Housing within close proximity to downtown Fayetteville is primarily unaffordable for the average family. There is an opportunity with this property to provide new housing, at a price point that is attainable for small families, young professionals, single -parent households, or even baby boomers looking to downsize and who want to live In a location that is close to schools, parks, and jobs, and all of the amenities offered on the Square and Dickson Street. f. Rezoning the property to allow for increased residential density is justified at this time. The property provides an opportunity to create new housing that is compatible with surrounding land uses and place homes in close proximity to jobs and amenities. g. Any development on this property will increase traffic on surrounding streets. However, the site has direct access to Huntsville Road, which is primary collector street that connects into downtown Fayetteville and east to Crossover Road; and 151" Street which is a primary east/west corridor. There is sufficient infrastructure in place to support development of this property. h. Development of the property will increase the population of the area, However, this property is in close proximity to all of these services: Fire Station, Police Station, Happy Hollow Elementary, Commerce Park, Downtown Fayetteville, University of Arkansas, Walker Park and Fayetteville High School, to name a few. i. The land is currently zoned for residential development. However, as has been seen, the RSF-4 zoning district is very inefficient, provided less than 3 units per acre of land, The Neighborhood Conservation zoning district will likely permit approximately 6 units per acre, which is much more in line with traditional development patterns found in Walker Park. Further, increasing the density of this property will allow for an appropriate infill development that will support and be supported by schools, parks, jobs and services that are all within close proximity of the property. Planning Commission July 25, 2016 Agenda Item 5 16-5483 Rausch Coleman Page 16 of 23 a - 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 this property, (hereinafter "Petitioner") , i , � It ' {, -,".- " f I I b. -- hereby voluntarily offers this Bill of Assurance and enters into binding 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 lVo restrictions are being placed on this property, with the exception of a 60-foot wide conservation easement centered on the two stream channels, as generally shown on the attached exhibit. 2, Other restrictions including number and type of structures upon the property are limited to Development within the conservation easements shall be limited to a maximum of 9 road'tatility :rossini;s and trail construction. rite Planning Commission may appro%,e l additional crosspig at the time ofprelirninary lot. viinor grading along the edge ofthe easement may be allowed to tie in grading lines. 3. Specific activities will not be allowed upon petitioner's property include -- 4. (Any other terms or conditions) -- Planning Commission July 25, 2016 Agenda Item 5 16-5483 Rausch Coleman Page 17 of 23 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners artless 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 PIat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above,1, J yr ,r r'w -g='r ' + r as the owner, developer or buyer (Petitioner) vAintarily offer all such assurances and sign my name below. at Printed Name '' f;r, r • t . j •! • 'Yd r� Address, +{ , Signature NOTARY OATH STATE OF ARKANSAS COUNTY OF WASHINGTON ) And now on this the _ day of 2t1p� appeared before me, and after being placed upon his ]-ter oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed Ms/her name above. t NOttRPUBLIC N1�arnrnissiort Expires: —RO?M�!gK 7LM 3MY COMM iSSIOV tl 12J70 EXPIRES. Fvurary lcaCaun Planning Commission July 25, 2016 Agenda Item 5 16-5483 Rausch Coleman Page 18 of 23 EXHIBIT FOR BILL OF ASSURANCE n t I I 4 Yi I f • i r r t I I k �` M ac ! X r I ' f I I I 6,048 -94,142 Degrees I NC R SF-8 iM f 4-'e� "1t• �I�, i Fti r .7. ift f•� C— 1 Planning Commission July 25, 2016 Agenda Item 5 16-5483 Rausch Coleman Page 19 of 23 Agenda Item 5 16-5483 Rausch Coleman Page 20 of 23 Agenda Item 5 16-5483 Rausch Coleman Page 21 of 23 RZN 16-5483 Close Up View ST NANTUCKEi op a v .1 Iliw KEver_Y V]R t CHESAPEAKE 4,VA'r is F)i sr�� RAUSCH COLEMAN 1.1 RSF-8 Legend Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint Feet 0 112.5 225 450 675 1 inch = 300 feet 4 C-1 Restdenba!-Agnc aural J RSF-4 RSF 5 RPIF-24 V I.1 Heavy Commerc,at aad Lght I,dvsv,aV C_, Main Street Cent-, DCrvntovrn Genera. 11111110 Neryht whood Conservation P-1 Planning Co mission 5, 2016 Agenda Item 5 16-5483 Rausch Coleman Paae 22 of 23 RZN 16-5483 Current Land Use '. a F i1 rt+XflNYI}���>R G� I ' iil"11� *7rS IE KELt-Y Vr J 1.. _A_ Retirement Community CFPEpt AKE WAY t r n 0 jUndeveloped f r - .y Y ti ti SUbjeCt Property' Ix , 0 , w .qi 30 k„. Concrete Business ^t - ft. - d Undeveloped 1 �Jill f .; Legend Streets Existing MSP Class COLLECTOR — MINOR ARTFRIA:L a vi: a, PR'NCIPAL-.RTERIAL 11 I 1 Trail (P,.p—d) RCNta•5<83 1 - Plen q Aea Fayert­,,11, C,ly L IT11S 0 145 290 Feet 580 870 1.160 Manufactured Honnes q 71, a _ zl Business a Park �� i ,f ,':zoiSllr�gely Planning Co ission - --I 2016 Agenda Item 5 16-5483 Rausch Coleman Page 23 of 23 NORTHWEST ARKANSAS Democrat -60azeue t' L FA .. T% L F AK. 4. 44_-1700 P, 4 9-C9;; ;ilk, V.'„ k A'J .. ... 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. 5897 Was inserted in the Regular Edition on: August 25, 2016 Publication Charges $ 76.70 Ix kgo Cathy Wiles Subscribed and sworn to before me This � day of ,�(, 2016. Notary Public My Commission Expires: 0,4It��, �P N0TARY ° �0�b PUBLIC **NOTE** i �:�24ois�ory Please do not pay from Affidavit. 'oTord co�.�`� Invoice will be sent. '��r,r,►t�� Ordinance: 5897 File Number: 2016-0367 RZN 16-5483: (NE CORNER OF MORNINGSIDE & 15TH ST./RAUSCH COLEMAN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5483 FOR APPROXIMATELY 36 ACRES LOCATED AT THE NORTHEAST CORNER OF MORNINGSIDE AND FIFTEENTH STREET FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION, 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 NC, Neighborhood Conservation, subject to a Bill of Assurance (Exhibit C to the Planning Department's Agenda Memo). 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 8/16/2016 Approved: Attest: Lioneld Jordan, Mayor Sondra E. Smith, City Clerk Treasurer 73821954 Aug. 25, 2016