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HomeMy WebLinkAboutORDINANCE 5900I 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5900 File Number: 2016-0378 RZN 16-5508 (NORTH OF COLFAX LOOP/THE COVES SD, PH. III): Doc ID: 017123030004 Type: REL Kind: ORDINANCE Recorded: 10/24/2016 at 08:53:18 AM Fee Amt: $30.00 Pape 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk File2016-00031297 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5508 FOR APPROXIMATELY 35.98 ACRES LOCATED NORTH OF COLFAX LOOP FROM AN EXPIRED R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 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 an expired R-PZD, Residential Planned Zoning District 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 9/6/2016 �►x►�tRr���� YO a = ; FAYETTEVILLE' Attest: •' fig,f' l�ION�r�'1'�ti VJ i � .. � �tFf.t.C•f' Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 917116 10-00wo EXHIBIT 'A' RZN 16-5508 Future Land Use Legend COVES - PH III Subject Property Requested Re nl-ng: R-A 4.55 acres Requested Rezoning: NC 30.37 Acres L <:L CO w <!� z UA 2 Jx x z GENTLE <` '%Y i 150 2 O U � P Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint Feet 0 112.5 225 450 675 900 1 inch = 300 feet ,1 C i I ■ AN 51- nQ BUNGALOW DR L 2 q '-'--CAN ST 2 FUTURE LAND USE 2030 Natural Area Residential Neighborhood Area Civic Institutional 16-5508 EXHIBITS' NC Zoning Request PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS. COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 01°56'01" WEST A DISTANCE OF 150.03 FEET TO THE POINT OF BEGINNING, - THENCE SOUTH 86°57'35" EAST A DISTANCE OF 1319.16 FEET; THENCE SOUTH 02°32'08" WEST A DISTANCE OF 877.82 FEET TO THE NORTH BOUNDARY OF THE FINAL PLAT OF THE COVES PHASE 1 AS FILED AT 23A-392; THENCE ALONG SAID NORTH BOUNDARY THE FOLLOWING (15) CALLS. 1. NORTH 89°16'32" WEST A DISTANCE OF 73.17 FEET 2. SOUTH 77°42'53" WEST A DISTANCE OF 74.49 FEET 3. SOUTH 77°13'42" WEST A DISTANCE OF 108.76 FEET 4. 160.47 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 58.00 FEET AND A LONG CHORD OF SOUTH 87°57'54" WEST, 113.97 FEET 5. SOUTH 08°42'07" WEST A DISTANCE OF 10.27 FEET 6. 28.24 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET AND A LONG CHORD OF SOUTH 49°09'34" WEST, 25.96 FEET 7. 9.32 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 170.00 FEET AND A LONG CHORD OF SOUTH 88°02'47" WEST, 9.32 FEET 8. 65.79 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 90.00 FEET AND A LONG CHORD OF NORTH 72°35'03" WEST, 64.33 FEET 9. 21.12 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 210.00 FEET AND ALONG CHORD OF NORTH 54°31'32" WEST, 21.11 FEET 10. SOUTH 38°46'13" WEST A DISTANCE OF 130.60 FEET 11. 389.84 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 355.00 FEET AND A LONG CHORD OF NORTH 82°41'22" WEST, 370.55 FEET 12. 118.89 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 119.10 FEET AND A LONG CHORD OF NORTH 85°33'04" WEST, 114.02 FEET 13. SOUTH 33°02'49" WEST A DISTANCE OF 50.00 FEET 14. 39.04 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 35.00 FEET AND A LONG CHORD OF SOUTH 24°59'52" EAST, 37.05 FEET 15. SOUTH 06°57'26" WEST A DISTANCE OF 100.08 FEET; THENCE LEAVING SAID NORTH BOUNDARY OF THE FINAL PLAT OF THE COVES PHASE 1, NORTH 87°17'55" WEST A DISTANCE OF 69.39 FEET; THENCE NORTH 72°17'15" WEST A DISTANCE OF 86.70 FEET; THENCE NORTH 87°17'55" WEST A DISTANCE OF 104.52 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH 01°56'01" EAST A DISTANCE OF 1172.64 FEET TO THE POINT OF BEGINNING. CONTAINING 30.37 ACRES MORE OR LESS. SUBJECT TO ANY EASEMENTS OF RECORD OR FACT. TRACT "X" PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS. COMMENCING ATTHE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 87°17'55" EAST A DISTANCE OF 104.52 FEET; THENCE SOUTH 72°17'15" EAST A DISTANCE OF 86.70 FEET; THENCE SOUTH 87°17'55" EAST A DISTANCE OF 119.53 FEET TO THE POINT OF BEGINNING; THENCE NORTH 06°57'26 EAST A DISTANCE OF 77.82 FEET; THENCE 49.77 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 35.00 FEET AND A LONG CHORD OF NORTH 47°41'49" EAST, 45.68 FEET; THENCE 66.66 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 169.10 AND A LONG CHORD OF NORTH 77°08'37" EAST, 66.23 FEET; THENCE 131.88 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 305.00 FEET AND A LONG CHORD OF NORTH 78°14'15" EAST, 130.85 FEET; THENCE SOUTH 11°31'38" EAST A DISTANCE OF 142.27 FEET; THENCE NORTH 87°17'55" WEST A DISTANCE OF 107.76 FEET; THENCE SOUTH 76°13'34" WEST A DISTANCE OF 79.18 FEET; THENCE NORTH 87°17'55" WEST A DISTANCE OF 79.86 FEETTO THE POINT OF BEGINNING. CONTAINING 0.68 ACRES MORE OR LESS. SUBJECT TO ANY EASEMENTS OF RECORD OR FACT. RiA Zoning BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS. THENCE SOUTH 86°57'35" EAST A DISTANCE OF 1320.73 FEET; THENCE SOUTH 02°32'08" WEST A DISTANCE OF 150.01 FEET; THENCE NORTH 86°57'35" WEST A DISTANCE OF 1319.16 FEET; THENCE NORTH 01°56'01" EAST DISTANCE OF 150.03 FEET TO THE POINT OF BEGINNING. CONTAINING 4.55 ACRES MORE OR LESS. SUBJECT TO ANY EASEMENTS OF RECORD OR FACT Washington County, AR I certify this instrument was filed on 10/24/2016 08:53:18 AM and recorded in Real Estate File Number 031297 Kyle Syly rOIC-:�Ilrc �Ierk by City of Fayetteville,,Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 r F Text File File Number: 2016-0378 Agenda Date: 9/6/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: D. 2 RZN 16-5508 (NORTH OF COLFAX LOOP/THE COVES SD, PH. III): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5508 FOR APPROXIMATELY 35.98 ACRES LOCATED NORTH OF COLFAX LOOP FROM AN EXPIRED R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 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 an expired R-PZD, Residential Planned Zoning District 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 91712016 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2016-0378 Legistar File ID 9/6/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/19/2016 City Planning/ Development Services Department Submitted Date Division / Department Action Recommendation: RZN 16-5508: Rezone (NORTH OF COLFAX LOOP/THE COVES SD, PH. III, 555): Submitted by RAUSCH COLEMAN HOMES for property NORTH OF COLFAX LOOP. The property is an EXPIRED R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 35.98 acres. The request is to RSF-8, RESIDENTIAL SINGLE-FAMILY EIGHT UNITS PER ACRE and R-A, RESIDENTIAL AGRICULTURAL. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Fund Project Title Remaining Budget I V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF TIlea %y �CITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF SEPTEMBER 6, 2016 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner DATE: August 19, 2016 SUBJECT: RZN 16-5508: Rezone (NORTH OF COLFAX LOOP/THE COVES SD, PH. III, 555): Submitted by RAUSCH COLEMAN HOMES for property NORTH OF COLFAX LOOP. The property is an EXPIRED R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 35.98 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE-FAMILY, EIGHT UNITS PER ACRE, and R-A, RESIDENTIAL AGRICULTURAL. RECOMMENDATION: The City Planning staff recommend approval of an ordinance to rezone the property to RSF-8, Residential Single-family, 8 Units Per Acre, and R-A, Residential Agriculture, as requested by the applicant and as shown in the attached Exhibits 'A' and 'B'. The Planning Commission recommended that the portion of the property proposed to be zoned RSF-8 be zoned NC, Neighborhood Conservation. Staff also recommends in favor of NC zoning on the property. BACKGROUND: The subject property is located north of West Colfax Loop, with its western boundary on the municipal line between the cities of Fayetteville and Farmington. The property was annexed in to the City of Fayetteville in late 2005 as part of a larger3/ of a square mile area. The subject property is undeveloped, with the eastern half wooded and the western half largely devoid of trees. A significant portion of the northern end of the property is encompassed with the floodplain of Goose Creek. The headwaters of Goose Creek lie just to the northeast of the site. The property's Residential Planned Zoning District (R-PZD) designation dates from a Rausch Coleman request approved by the City Council in September of 2007. The subject property was to represent Phase II of The Coves at Walnut Crossing R-PZD, with a Master Development Plan that envisioned approximately 100 lots of single-family housing with a 'coved' street pattern. A condition of the R-PZD's approval was that "construction of Phase II begin no later than 3 years after Planning Commission approval... with completion within 5 years." As this has not occurred, and no extension has been filed, the R-PZD is considered expired. Request: The request is to rezone the subject property from R-PZD (Coves at Walnut Crossing) to RSF-8, Residential Single-family, 8 Units Per Acre (30.37 acres) and R-A, Residential Agricultural (4.55 acres). Mailing Address: 113 W. Mountain Street www.tayetteville-argov Fayetteville, AR 72701 Land Use Compatibility: The proposed zoning is generally consistent with the development and zonings in the vicinity. With the exception of Goose Creek to the north and an elementary school to the west, the entirety of the surrounding area is either single-family residential in current land use, or zoned to permit single-family dwellings. The development possibilities allowed in an NC zoning district by right or by conditional use are highly compatible with both existing and future land uses. Furthermore, the proposed R-A zoning designation for the northern portion of the property can deter development in the Goose Creek floodplain, or if development does occur, at least minimize its impact on the existing riparian corridor. Land Use Plan Analysis: City Plan 2030 designates the portion of the subject property that is within the Goose Creek Floodplain as Natural Area, with the balance of the land designated as Residential Neighborhood Area. The Natural Area designation promotes a development pattern that requires and encourages conservation and preservation. Among the zoning districts in Fayetteville, R-A zoning is the most compatible with these principles, and it is similarly utilized in other sensitive riparian corridors in the area. Although it would be preferable for the entirety of the Goose Creek floodplain to be contained in an area zoned R-A, the applicant's willingness to request the proposed R-A zoning along the waterway may serve to limit the impact of future development. The proposed zoning for the remainder of the subject property is generally compatible with the City's Future Land Use Map designation of Residential Neighborhood Area. The RSF-8 district allows for more dense single-family development than is found in many new residential developments, with a minimum lot size requirement that is roughly 2/3rds the amount found in the RSF-4 zoning district. DISCUSSION: On August 8, 2016 the Planning Commission forwarded the rezoning with a recommendation for NC and R-A on the subject property. Commissioner Hoffman made a motion to amend the applicant's request for RSF-8, Residential Single Family, 8 Units per Acre, and R-A, Residential Agriculture to NC, Neighborhood Conservation, on the portion of the proposed for RSF-8. Commissioners generally noted that incompatible and undesirable development patterns may result from RSF-8. The motion to amend the requested rezoning was approved with a vote of 9- 0-0. The subsequent vote to forward the proposal to the City Council with a recommendation for approval was made with a vote of 8-1-0. Commissioner Quinlan dissented, citing concerns that the area to be rezoned R-A appeared arbitrary, and ought to follow the floodplain and/or its associated soils. BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A ■ Exhibit B ■ Application ■ Planning Commission Staff Report RZN 16-5508 Future Land Use Legend Planning Area �- - - Fayetteville City Limits Trail (Proposed) Building Footprint 16-5508 EXHIBIT 'A' COVES - PH III OUR Subject Property t ' sa ���ti.r �Y ld ��4��.rie OA1 W' 1RMYlf �#li 1 Requested Rezoning: R-A 4.55 acres 4 U W i{ Q SY 0. GENTLE L -7 r� Requested Rezoning: RSF-8 30.37 Acres LEY 476p c o����Co❑� `�o O Z X Z O 9 �'EY 1150 Feet 0 112.5 225 450 675 900 1 inch = 300 feet WAY 4AN ST O BUNGALOW DR O L 2 U PECAN ST 29 FUTURE LAND USE 2030 { Natural Area Residential Neighborhood Area Civic Institutional 16-5508 EXHIBIT 'B' RSF-8 Zoning Request PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS. COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 01°56'01" WEST A DISTANCE OF 150.03 FEET TO THE POINT OF BEGINNING, - THENCE SOUTH 86°57'35" EAST A DISTANCE OF 1319.16 FEET; THENCE SOUTH 02°32'08" WEST A DISTANCE OF 877.82 FEET TO THE NORTH BOUNDARY OF THE FINAL PLAT OF THE COVES PHASE 1 AS FILED AT 23A-392; THENCE ALONG SAID NORTH BOUNDARY THE FOLLOWING (15) CALLS. 1. NORTH 89°16'32" WEST DISTANCE OF 73.17 FEET 2. SOUTH 77°42'53" WEST A DISTANCE OF 74.49 FEET 3. SOUTH 77°13'42" WEST DISTANCE OF 108.76 FEET 4. 160.47 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 58.00 FEET AND A LONG CHORD OF SOUTH 87°57'54" WEST, 113.97 FEET 5. SOUTH 08'42'07" WEST DISTANCE OF 10.27 FEET 6. 28.24 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET AND A LONG CHORD OF SOUTH 49°09'34" WEST, 25.96 FEET 7. 9.32 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 170.00 FEET AND A LONG CHORD OF SOUTH 88°02'47" WEST, 9.32 FEET 8. 65.79 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 90.00 FEET AND ALONG CHORD OF NORTH 72°35'03" WEST, 64.33 FEET 9. 21.12 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 210.00 FEET AND ALONG CHORD OF NORTH 54°31'32" WEST, 21.11 FEET 10. SOUTH 38°46'13" WEST A DISTANCE OF 130.60 FEET 11. 389.84 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 355.00 FEET AND A LONG CHORD OF NORTH 82°41'22" WEST, 370.55 FEET 12. 118.89 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 119.10 FEET AND A LONG CHORD OF NORTH 85°33'04" WEST, 114.02 FEET 13. SOUTH 33°02'49" WEST A DISTANCE OF 50.00 FEET 14. 39.04 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 35.00 FEET AND A LONG CHORD OF SOUTH 24°59'52" EAST, 37.05 FEET 15. SOUTH 06°57'26" WEST A DISTANCE OF 100.08 FEET; THENCE LEAVING SAID NORTH BOUNDARY OF THE FINAL PLAT OF THE COVES PHASE 1, NORTH 87°17'55" WEST DISTANCE OF 69.39 FEET; THENCE NORTH 72°17'15" WEST DISTANCE OF 86.70 FEET; THENCE NORTH 87°17'55" WEST A DISTANCE OF 104.52 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH 01°56'01" EAST A DISTANCE OF 1172.64 FEET TO THE POINT OF BEGINNING. CONTAINING 30.37 ACRES MORE OR LESS. SUBJECT TO ANY EASEMENTS OF RECORD OR FACT. TRACT "X" PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS. COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 87°17'55" EAST A DISTANCE OF 104.52 FEET; THENCE SOUTH 72°17'15" EAST A DISTANCE OF 86.70 FEET; THENCE SOUTH 87°17'55" EAST A DISTANCE OF 119.53 FEET TO THE POINT OF BEGINNING; THENCE NORTH 06°57'26 EAST A DISTANCE OF 77.82 FEET; THENCE 49.77 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 35.00 FEET AND A LONG CHORD OF NORTH 47°41'49" EAST, 45.68 FEET; THENCE 66.66 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 169.10 AND A LONG CHORD OF NORTH 77°08'37" EAST, 66.23 FEET; THENCE 131.88 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 305.00 FEET AND A LONG CHORD OF NORTH 78°14'15" EAST, 130.85 FEET; THENCE SOUTH 11°31'38" EAST DISTANCE OF 142.27 FEET; THENCE NORTH 87°17'55" WEST A DISTANCE OF 107.76 FEET; THENCE SOUTH 76°13'34" WEST A DISTANCE OF 79.18 FEET; THENCE NORTH 87°17'55" WEST A DISTANCE OF 79.86 FEETTO THE POINT OF BEGINNING. CONTAINING 0.68 ACRES MORE OR LESS. SUBJECT TO ANY EASEMENTS OF RECORD OR FACT. R-A Zoning BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS. THENCE SOUTH 86°57'35" EAST A DISTANCE OF 1320.73 FEET; THENCE SOUTH 02°32'08" WEST A DISTANCE OF 150.01 FEET; THENCE NORTH 86°57'35" WEST A DISTANCE OF 1319.16 FEET; THENCE NORTH 01°56'01" EAST DISTANCE OF 150.03 FEETTO THE POINT OF BEGINNING. CONTAINING 4.55 ACRES MORE OR LESS. SUBJECT TO ANY EASEMENTS OF RECORD OR FACT CITY OF FAYETTEVILLE, ARKANSAS REZONING FOR STAFF USE ONL Y 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 supp014your request. Your application will not be placed on the Planning Commission agenda until this information isfurnished, Application: Indicate one contact person for this request: Applicant Representative Applicant (person making request): Representative (engineer, surveyor, realtor, etc.): Name: Jesse Fulcher Name: Address: 4058 N. College Avenue Address: Fayetteville, AR 72703 E-mail: 'jesse.fulcher@rauschcoleman.com Phone: 479-301-6639 [ 1 Fax: Site Address / Location: Coves Ph 3 - North of Alberta E-mail: Phone: f ) Fax: t 1 Current Zoning District: R-PZD Expired Requested 'Zoning District: RSF-8 Assessor's Parcel Numbers) for subject property: 765-16271-400 FINANCIAL INTERESTS The following entities and / or people have financial interest in this project: March 20M Page t APPLICANT/REPRESENTATIVE: 1 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. 1 understand that the City might not approve what 1 am applying for, or might set conditions on approval. Name (printed): Jcsse Fulcher Date: 6-27-16 PROPERTY OWNER(S) /AUTHORIZED AGENT: I/we certify under penalty of peiju y that I am/we are the owner(s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. (If signed by the authorized agent, a feller frorn 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): Rausch Coleman Homes, LLC Address: PO Box 10560 Fayetteville, AR 72703-0044 Signature; � C i'►isr � /Vt�1 Phone: Date: Name .rimed): 6 Signature: Date: I 479-455-9090 M Rezoning Checklist: Attach the, following items to this application: (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 ("iwvv.co.washington.ar.Lis). The subject property and all adjacentparcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel numberforevery adjacent property shall be shown on this map. March told Page 2 CITY OF Il Fay%Zg—e TO: THRU: FROM: MEETING DATE PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Jonathan Curth, Senior Planner August 8, 2016 Updated with Planning Commission Results SUBJECT: RZN 16-5508: Rezone (NORTH OF COLFAX LOOP/THE COVES SD, PH. III, 555): Submitted by RAUSCH COLEMAN HOMES for property NORTH OF COLFAX LOOP. The property is an EXPIRED R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 35.98 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE and R-A, RESIDENTIAL AGRICULTURAL. RECOMMENDATION: Staff recommends forwarding RZN 16-5508 to the City Council with a recommendation for approval based upon the findings herein. BACKGROUND: The subject property is located north of West Colfax Loop, with its western boundary on the municipal line between the cities of Fayetteville and Farmington. The property was annexed in to the City of Fayetteville in late 2005 as part of a larger 3/4 of a square mile area. The subject property is undeveloped, with the eastern half wooded and the western half largely devoid of trees. The property's Residential Planned Zoning District (R-PZD) designation dates from a Rausch Coleman request approved by the City Council in September of 2007. The subject property was to represent Phase I I of The Coves at Walnut Crossing R-PZD, with a Master Development Plan that envisioned approximately 100 lots of single-family housing with a `coved' street pattern. A condition of the R-PZD's approval was that "construction of Phase II begin no later than 3 years after Planning Commission approval... with completion within 5 years." As this has not occurred, and no extension has been filed, the R-PZD is considered expired. Surrounding land use and zoning is depicted on Table 1. Direction from Site 1 North South East West Undeveloped/Agriculture The Coves single-family subdivision Undeveloped/Aoricultu re Williams Elementary School Table 1 Surrounding Land Use and Zoni Land Use Zoning NC, Neighborhood Conservation R-A, Residential -Agricultural R-PZD, Residential Planned Zoning District -8, Residential Single -Family, 8 units per acres NC, Neighborhood Conservation A-1, Agriculture (City of Farmington) Mailing Address: 113 W. Mountain Street www_fayetteville-ar.gov Fayetteville, AR 72701 Request: The request is to rezone the subject property from the expired Coves at Walnut Crossing R-PZD, Residential Planned Zoning District, to RSF-8, Residential Single -Family, Eight Units Per Acre, and R-A, Residential -Agriculture. Public Comment: Staff has received no public comment. INFRASTRUCTURE: Streets: The subject property has access to Colfax Loop to the south. Colfax Loop is an improved public street with concrete, curb/gutter, sidewalk, and storm drainage. Any further street improvements would be determined at time of development. In the property to the east, and paralleling the subject property's eastern boundary line, is a Master Street Plan proposed extension of Holland Drive, which will in turn allow any future development on the subject property to tie in to Broyles Avenue to the northwest, or Rupple Road to the west. Access to the subject property from the north will likely be limited by Goose Creek, while future access to the west is uncertain due to properties there lying in the City of Farmington and their ownership by the Farmington School District. Any additional improvements or requirements would be determined at the time of development. Water: Public water is available to the site. An 8-inch water main is stubbed out at the southern side of the property in two locations. Sewer: Public sanitary sewer is available along the southern edge of the property. However, it will not be feasible to install a gravity sanitary sewer system for this property connected to the existing system. Alternative sewer collection systems will need to be determined at the time of development. Drainage: Any additional improvements or requirements for drainage would be determined at time of development. A portion of this parcel lies within the FEMA designated 100-yr floodplain. In addition, a protected stream flows along the northern edge of the parcel. No part of the parcel lies within the HHOD. GIS indicates the presence of Hydric Soils on site, which can be an indication of wetlands on the property. A statement from a qualified representative regarding the presence of wetlands will be required at the time of development review. Fire: The Fire Department did not express any concerns with this 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 Map designates the property as a Residential Neighborhood Area and a Natural Area. 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. The designation recognizes existing conventional subdivision developments which may have GAETC\Development Services Review\2016\Development Review\16-5508 RZN N. of Colfax Loop (Coves Ph III) 555\03 Planning Commission\08-08-2016 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: 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: In staff's opinion, a rezoning of the subject property from the expired Residential Planned Zoning District to the proposed single-family designations is at the same time compatible with surrounding uses and generally inconsistent with City Plan 2030. Land Use Compatibility: While not surrounded on all sides by single-family neighborhoods, the development pattern and infrastructure improvements in the area of the subject property are either single-family residential in nature and zoning, or complimentary to the development of single-family housing. To the south, southeast, and southwest, are homes in The Coves subdivision, Walnut Crossing subdivision, and the City of Farmington respectively. Immediately to the west is Jerry "Pops" Williams Elementary School of the Farmington School District, which, despite not serving this portion of the City of Fayetteville, is a compatible land use for the single- family housing permitted by -right in an RSF-8 zoning district. With the exception of an area zoned Residential -Agriculture along Goose Creek, all the adjacent land north and east of the subject property is zoned NC, Neighborhood Conservation. Generally, NC zoning is comparable to RSF-8 zoning with regards to the density and placement of single-family dwellings. The RSF-8 zoning designation allows 8 dwelling units or less per acre by right while NC allows 10 units, with the lot width minimums and building setbacks of both zoning districts facilitating somewhat similar development patterns to some degree. Land Use Plan Analysis: City Plan 2030 designates portions of the subject property as Residential Neighborhood Area and others as a Natural Area. This designation supports a wide spectrum of residential uses in traditional neighborhoods along with the low -intensity retail and commercial services that compliment them. The proposed RSF-8 and R-A zoning districts generally accommodate the guiding policies of Residential Neighborhood and Natural Areas. By rezoning the northern 150' of the subject property to R-A, totaling approximately six acres, the applicant has elected to modify their original proposal to take in to consideration the sensitive environmental nature of GAETC\Development Services Review\2016\Development Review\16-5508 RZN N of Colfax Loop (Coves Ph III) 555\03 Planning Cornmission\08-08-2016 Goose Creek. As a tributary to the Illinois River, an Environmental Protection Agency -designated Impaired Waterway, Goose Creek can be considered an important natural resource of both the City and the region. By proposing an R-A zoning, the lowest density and intensity zoning district in Fayetteville, the applicant has effectively committed to limiting the impact of development on this portion of the subject property. Staff feels it would be valuable to commit the entirety of the Goose Creek 100-year floodplain to an R-A zoning, similar to what was done for other sections of Goose Creek and Owl Creek to the north, but feels the proposal largely adheres to the guiding policies of the Natural Area future land use designation. For the balance of the subject property, the proposed zoning of RSF-8 is generally compatible with the Future Land Use Map designation of Residential Neighborhood Area. One of the guiding principles of the Residential Neighborhood Area is the development of compact growth patterns that include reduced setbacks and smaller lots. While the RSF-8 zoning district does not have setbacks that are significantly less than those found in the ubiquitous RSF-4 residential districts elsewhere in the City, the RSF-8 zoning requires lot widths and lot sizes that are approximately one- third smaller than on properties zoned RSF-4. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant has requested the zoning change in order develop the property with a low- to moderately -dense single-family neighborhood. The proposed zoning district and its permitted uses would allow development that is largely compatible with those of the surrounding area. Additionally, development on the subject property can take advantage of adjacent existing City infrastructure. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to RSF-8 will almost certainly result in an increase of traffic in this area as the site develops. That said, the character of development will be single-family residential in nature, or two-family by conditional use, and any growth in traffic will likely not be appreciable, with no significant negative impacts on safety and congestion. Off —site improvements to public infrastructure, if any, will be determined at the time of development. 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: Given the subject properties' undeveloped nature, an approved rezoning and subsequent development will undoubtedly increase the population density. It is unlikely however, to undesirably increase the load on public sewer and water. As mentioned, the site will increase the amount of traffic to the area, and any necessary street improvements will be evaluated at the time of GAETC\Development Services Review\2016\Development Review\16-5508 RZN N. of Colfax Loop (Coves Ph III) 555\03 Planning Commission\08-08-2016 development. The Police and Fire Departments have not expressed objections to the proposal. 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 RECOMMENDATION: Planning staff recommends forwarding RZN 16-5508 to City Council with a recommendation for approval based on the findings discussed throughout this report. PLANNING COMMISSION ACTION: Required YES Date: August 08, 2016 O Tabled ® Forwarded 17 Denied Motion: Hoffman Second: Brown Vote: 9-0-0 Motion: Hoffman Second: Brown Vote: 8-1-0 (Quinlan voted Wo) CITY COUNCIL ACTION: Required YES Date: O Approved O Denied BUDGET/STAFF IMPACT: None Attachments: l ■ Unified Development Code §161.03 (R-A zoning) ■ Unified Development Code §161.09 (RSF-8 zoning) ■ Request Letter ■ Request Map ■ One Mile Map ■ Close -Up Map ■ Current Land Use Map ■ Future Land Use Map 1st Motion: To amend the applicant's rezoning request to replace RSF-8 for NC. 2nd Motion: To forward the rezoning request as amended to the City Council with a recommendation for approval. G:\ETC\Development Services Review\2016\Development Review\16-5508 RZN N. of Colfax Loop (Coves Ph II)) 555\03 Planning Commission\08-08-2016 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 i -- Unit 3 _. Public protectionand utility facilities Unit 6 �� Agriculture Unit 7 Animal husbandry Unit $ 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 I Unit 4 Cultural and recreational facilities f 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 1 (C) Density Units per acre One-half (1/2) (D) Bulk and Area Regulations. ................... _ _ Lot width minimum z 200 feet ........._. ....._.......... ....... ...... ....... _........ _ .3 Lot Area Minimum: Residential-. 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres G:\ETC\Development Services Review\2016\Development Review\16-5508 RZN N of Colfax Loop (Coves Ph III) 555\03 Planning Com mission\08-08-2016 (E) Setback Requirements. Front Side Rear 35 feet 20 feet 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 footforeach 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) 161.09 - District RSF-8, Residential Single -Family - Eight (8) Units Per Acre (A) Purpose The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single family residential areas with similar lot size, density, and land use as the historical neighborhoods in the downtown area. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 ' Two-family dwellings Unit 12 t Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development (C) Density. By Right Single-family dwelling units per acre 8 or less j (D) Bulk and Area Regulations. (1) Lot Width Minimum. GAETC\Development Services Review\2016\Development Review\16-5508 RZN N. of Colfax Loop (Coves Ph III) 555\03 Planning Co m mission\08-08-2016 Single-family 50 feet Two (2) family 50 feet Townhouse, no more than two (2) attached ; 25 feet. (2) Lot Area Minimum. Single-family 5,000 square feet Two-family i 5,000 square feet (3) Land Area Per Dwelling Unit. Single-family 5,000 square feet Two-family ' 5,000 square feet Townhouse, no more than two (2) 2,500 square attached feet (E) Setback Requirements. Front Side { Rear 15 feet 5 feet 5 feet (F) Height Regulations. Building Height Maximurr (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total lot area. (Ord. No. 4783, 10-18-05; 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) G:\ETC\Development Services Review\2016\Development Review\16-5508 RZN N. of Colfax Loop (Coves Ph III) 555\03 Planning Com mission\08-08-2016 16-5508 Request Letter To the Fayetteville Planning Commission: a. The property is currently owned by Rausch Coleman Home, which has developed many of the adjacent subdivisions. b. The property is currently zoned R-PZD for The Coves. However, the PZD approval expired several years ago and there are currently no development rights for this property. The intent is to rezone the property to allow for single-family homes, consistent with all adjacent land uses and zoning. c. The RSF-8 zoning district will be very compatible with surrounding land uses, which are either developed with single-family homes or zoned for single-family uses. The property to the west is developed with an elementary school. Property to the south is developed with single-family homes, and property to the north and east are currently undeveloped. The RSF-8 zoning district is compatible with surrounding zoning, which includes RSF-8 and NC. Further, the property is in close proximity to the new Rupple Road extension, with convenient access to Owl Creek Elementary and the Boys and Girls Club. d. There is adequate water and sewer capacity adjacent to this site to serve future development. This includes 8-inch water lines and 8-inch sewer lines within the Coves subdivision. e. The proposed zoning of RSF-8 is very consistent with land use planning objectives and policies and with the Future Land Use Plan. With the exception of an elementary school, the property is surrounded by single-family development and zoning districts. There are many surrounding neighborhoods, primarily consisting of small lot, single-family residences, south and southeast of this property. Properties to the north and east are zoned for 10 units per acre. Further, the Future Land Use Plan designates the site as a Residential Neighborhood Area, which supports a variety of housing types and densities. f. Rezoning the property to RSF-8 for development of single-family homes is justified at this time. The property provides an opportunity to create new housing that is compatible with surrounding land uses and places development within easy access of Rupple Road, Owl Creek School and the Boys and Girls Club. g. Any development on this property will increase traffic on surrounding streets. However, the site has direct access to Alberta Street, which is primary collector street that connects to Broyles Road, Hwy 16 and the future extension of Rupple Road. 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 a fire station, elementary school and the Boy and Girls Club, as well as shopping. i. The current zoning is expired and all development rights have been removed. Therefore, it is critical that the property be rezoned to a zoning district that is compatible with surrounding land uses and densities. The RSF-8 zoning district is an appropriate classification for this property. 16-5508 ..a. Request map f: From City Staff 34 5 E 4 'r ` RegUested Rezoning: R-A _....- ' 4.55 acres J' 1 �7� ':^ M1��`• '�. fir. � P, f i� . "•RegUested Rezoning: RSF-8 •`• 30.37 Acres b FAIRBAMKS a WAY ; .. COLFAX LEYLoop 4k g7 - Sir a I p.LLEY MAN ST BUNGALClW F'RIHGF `,::. try5Q '• ;. OR-. LL r G.A® /p Al'VA7E 1207, • w i J� GENTLE VALLEY DR - t 2 - _ ` •� �y i k rim, R rGUM LN VA 1295 t� = ALBERTA ST .... - F 0 ANABRAHCN CT lL�,ky Stream r® 310 155 0 310 Feet 100-yr Flood plain ( RZN 16-5508 One Mile View COVES - PH III NORTH 6 � 0 0.125 0.25 0.5 Miles 3 ROB ST =O DNY ST Legend Planning Area a ' Fayetteville City Limits S • • • • •. Shared Use Paved Trail anaaa Trail (Proposed) Building Footprint Planning Area ' Fayetteville City Limits -� 13 zoning EXTRACTION RESIDENTIAL SINGLE-FAMILY -t_! COMMERCIAL as=, rc3 asF- FORM BASED DISTRICT".. RESIDENTIAL IA ULTI-FAMILY W IT 12.e_�_,_ i.,,o_ra Ti.._c •- ��F�o✓raga_Fc PLANN ED ZONING DISTRICTS INDUSTRIAL INSTITUTIONAL T, ,11_ _ R� RZN 16-5508 CAVES - PH III Close Up View NORTH Subject Property r- --- - - - - -- RPAI �c c c w 1 w a is 1 Z a � t ch t it t z U 1 Legend Planning Area feet Fayetteville City Limits o 112.5 225 450 675 soa Trail (Proposed) Building Footprint I inch = 300 feet K-A IN C' Reside n I is I-Agricu Itv ral RSF-8 M Neighborhood Conservation Commercial. Industrial, Residential RZN 15-5508 'COVES - PH III A& Current Land Use NORTH 1� a� + Undeveloped � t Subject Pro[ :J:. fi. AL t Undeveloped I. + p I Undeveloped v.. QGENFLL �..«r„,►:.. ' `� *f Single Family ©rws r c Legend ROW Streets Planned YASP Class rOCLECTOR Streets Existing Feet YASP Clash COLLECIOR Yo,t:'=.aINWOWIi, 0 112.5 225 450 675 900 rr,,,a•saoe Y � s Eayntler+,n Caw €ne� RZN 16-5508 COVES _ PH III A& Future Land Use NORTH Subject Property �., - - .. - aaaaraaaaa i I 8 I Sy { AIRBANKS WA'Y ALLEY 4760 s � 4 r� i i 4 z DENT+ AN ST � BUNGALOW DR i 7EY 1 TSf} ¢¢e '� AN ST iY 6C i Legend FUTURE LAND USE 2030 Planning Area Feet Natural Area i FayettevilleCit Limits yi--—� Residential Neighborhood Area 0 112.5 225 450 675 900 Civic Institutional Trail (Proposed) 1 inch = 300 feet Building Footprint 16-5508 EXHIBIT 'A' RZN 16-5508 Future Land Use Y, Legend,,' �- - - P nning Area ' Fayetteville City Limits Trail (Proposed) Building Footprint COVES - PH III Subject Property wI* Requested Rezoning 30.37 Acres L:A GENTLE O,p Y 4760 0, FORTH 1 1 e \ 1 1 1 \ \ 1 -AIRS WAY 1 1 1 1 Za 1 OZ AN ST BUNGALOW DR vi �xj <�EY 1150*.. CAN ST Feet 0 112.5 225 450 675 900 1 inch = 300 feet FUTURE LAND USE 2030 Natural Area Residential Neighborhood Area Civic Institutional 16-5588 EXHIBIT `B' R5F-8 Zoning Request PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS. NG AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER; NENCE SOUTH 01'56'01" WEST A DISTANCE OF 150.03 FEET TO THE POINT OF BEGINNING, - THENCE SOUT 6'57'35" EAST A DISTANCE OF 1319.16 FEET; THENCE SOUTH 02°32'08; WEST A DISTANCE OF 877.V FEET TO THE NORTH BOUNDARY OF THE FINAL PLAT OF THE COVES PHASE 1 AS FILED AT 23A-392; T€ kNCE ALONG SAID NORTH BOUNDARY THE FOLLOWING (15) CALLS. 1. NORTH 89'16'32" WESTkDISTANCE OF 73.17 FEET 2. SOUTH 77°42'53" WEST A LKSTANCE OF 74.49 FEET 3. SOUTH 77'13'42" WEST A DISTANCE OF 108.76 FEET 4. 160.47 FEET ALONG A CURVET THE LEFT, HAVING A RADIUS OF 58.00 FEET AND A LONG CHORD OF SOUTH 87'57'54" WEST, 113.97 FEET 5. SOUTH 08°42'07" WEST A DISTANCE OF 10.27 FEET 6. 28.24 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET AND A LONG CHORD OF SOUTH 49'09'34" WEST, 25.96 FEET / 7. 9.32 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS�OF 170.00 FEET AND A LONG CHORD OF SOUTH 88°02'47" WEST, 9.32 FEET 8. 65.79 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 90.00 FEET AND A LONG CHORD OF NORTH 72'35'03" WEST, 64.33 FEET 9. 21.12 FEET ALONG A CURVE TO THE RIGHT, HAVINq,A RADIUS OF 210.00 FEET AND ALONG CHORD OF NORTH 54°31'32" WEST, 21.11 FEET 10. SOUTH 38°46'13" WEST A DISTANCE OF 130.60 FEET 11. 389.84 FEET ALONG A CURVE TO THE LEFT, HAVING A RAbtUS OF 355.00 FEET AND A LONG CHORD OF NORTH 82'41'22" WEST, 370.55 FEET 12. 118.89 FEET ALONG A CURVE TO THE RI HT, HAVING A RADIUSOF 119.10 FEET AND A LONG CHORD OF NORTH 85°33'04" WEST, 114.02 FE T 13. SOUTH 33'02'49" WEST A DISTANCE OF 50.00 FEET ` 14. 39.04 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 35\.QO FEET AND A LONG CHORD OF SOUTH 24°59'52" EAST, 37.05 FEET 15. SOUTH 06'57'26" WEST A DIST NCE OF 100.08 FEET; THENCE LEAVING SAID NORT OUNDARY OF THE FINAL PLAT OF THE COVES PHASE 1, NORTH 87°17'55" WEST A DISTAN OF 69.39 FEET; THENCE NORTH 72°17'15" WEST A DISTANCE OF 86.70 FEET; THENCE NORTH 87 7'55" WEST A DISTANCE OF 104.52 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST QU TER OF THE NORTHWEST QUARTER; THENCE NORTH 01*56,01" EAST A DISTANCE OF 1172. FEET TO THE POINT OF BEGINNING. CONTAINING 30. ACRES MORE OR LESS. SUBJECT TO AN EASEMENTS OF RECORD OR FACT. T CT PAR F THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND PART OF THE NO HWEST QUART OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 16 NORTH, MANGE WEST, WASHING ON COUNTY, ARKANSAS. CO ENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST ARTER; THENCE SOUTH 87°17'55" EAST A DISTANCE OF 104.52 FEET; THENCE SOUTH 72°17'15" EAST DISTANCE OF 86.70 FEET; THENCE SOUTH 87°17'55" EAST A DISTANCE OF 119.53 FEET TO THE POINT OF GINNI� THENCE NORTH 06°57'26 EAST A DISTANCE OF 77.82 FEET; THENCE 49.77 FEET ALONG A CUR\EET;THENCE RIGHT, HAVING A RADIUS OF 35.00 FEET AND ALONG CHORD OF NORTH 47°41'49" EAST, 45ENCE 66.66 FEET ALONG A CURVE TO THE L FT,HAVING A RAt]IUS OF 169.10 AND A LONF NORTH 77"08'37" EAST, 66.23 FEET; THE CE 131.88 FEET ALONG A CURVE TO THE RIGA RADIUS OF 305.00 FEET AND A LONG ORD OF NORTH 78°14'15" EAST, 130.85 FEET; UTH 11°31'38" EAST A DISTANCE OF 14 .2.7 FEET; THENCE NORTH 87°17'55" WESTA 07.76 FEET; THENCE SOUTH 76°13/34" WESTA DISTANCE OF 79.18 FEET; THENCE NOR5" EST A DISTANCE OF 79.86 FEET TO THE POINT OF BEGINNING. CONTAINING 0.68 ACRES MORE OR LESS. SUBJECT TO ANY EASEMENTS OF RECORD OR FACT. R-A Z©ni BEGINNING AT THE NORTHWEST CORNER OF THEN THWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 16 NORTH, NGE 31 WEST, WASHINGTON COUNTY, ARKANSAS. THENCE SOUTH 86°57'35" EAST A DISTANCE OF 1320. FEET; THENCE SOUTH 02°32'08" WEST A DISTANCE OF 150.01 FEET; THENCE NORTH 86°57'35" ST A DISTANCE OF 1319.16 FEET; THENCE NORTH 01°56'01" EAST A DISTANCE OF 150.03 FEET TO Th POINT OF BEGINNING. CONTAINING 4.55 ACRES MORE OR LESS. SUBJECT TO ANY EASEMENTS OF RECtIRD OR FACT NoRTHWESTARKANsAs Democrat vonette AFFIDAVIT OF PUBLICATION , "Karen Caler, 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 1. Ordinance: 5900 Was inserted in the Regular Edition on: September 15, 2016 publication Charge: $ 75.40 -r . 21i CA&At-i lkare Caler Subscribed and sworn to before me This ` ` day of 1 '00+ , 2016. Nay Public v My Commission Expires: to geeee1111iJJd! P G,Q ; N©iAFiY` .ape PUBLIC :.�,#1240137.9 ¢ y 1012g1�`y NOTE" GTpN CC �`\a`* Please do not pay from Affidavit e J r t 1 I t e Invoice will be sent. RECEONVIED SEP 2 8 2016 CITY CLERK'S OFFICE Ordinance: 5900 File Number: 2016-0378 RZN 16-5508 (NORTH OF COLFAX LOOP/THE COVES SD, PH. III): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5508 FOR APPROXIMATELY 35.98 ACRES LOCATED NORTH OF COLFAX LOOP FROM AN EXPIRED R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 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 an expired R-PZD, Residential Planned Zoning District 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 9/6/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73846977 Sept 15, 2016 Smith, Lorinda From: Pennington, Blake Sent: Friday, September 30, 2016 10:35 AM To: Smith, Lorinda; CityClerk Subject: FW: Legistar 2016-0378 - Rezoning 16-5508 (Colfax Loop) Attachments: 16-5508 CC EX A.pdf; 16-5508 CC EX B.pdf These are the correct exhibits. Thanks. Blake Blake E. Pennington Assistant City Attorney Tele: (479) 575-8313 rennin tg onkfayetteville-ar.gou From: Mulford, Patti Sent: Wednesday, September 21, 2016 3:15 PM To: Pennington, Blake <bpennington@fayetteville-ar.gov> Subject: FW: Legistar 2016-0378 - Rezoning 16-5508 (Colfax Loop) Lorinda would like a written response that the exhibits attached are the correct revisions. Thanks. Patti From: Curth, Jonathan Sent: Wednesday, September 14, 2016 11:35 AM To: CityClerk <cityclerk@fayetteville-ar.gov> Cc: Garner, Andrew <a_garner@fayetteville-ar.gov>; Mulford, Patti <pmulford@fayetteville-ar.gov>; Smith, Sondra <ssmith@fayetteville-ar.gov>; Pennington, Blake <bpennington@fayetteville-ar.gov>; Williams, Kit <kwiIlia ms@fayetteville-ar.gov> Subject: RE: Legistar 2016-0378 - Rezoning 16-5508 (Colfax Loop) All, Please find attached the revised Exhibits 'A' and 'B' for the rezoning request north of Colfax Loop (Project Number 16- 5508; Legistar Number 2016-0378). Please advise whether further changes need to be made, or if these need to be uploaded to Legistar, and I will be happy to oblige. Thanks, Jonathan Curth Senior Planner City Planning Division City of Fayetteville, Arkansas jcurth@favetteville-ar.gov 479.575.8308 Website I Facebook I Twitter I Youtube From: Garner, Andrew Sent: Tuesday, September 13, 2016 2:00 PM To: Curth, Jonathan <jcurth@favetteville-ar.gov> Subject: FW: Legistar 2016-0378 - Rezoning 16-5508 (Colfax Loop) Jonathan, After consultation with the city attorney and city clerk's offices on this topic they need us to revise exhibits 'A' and 'B' on this item to remove reference to RSF-8 and change it to NC, Neighborhood Conservation and email it to the City Clerk's office. Please cc me on your email. Thanks, Andrew From: Pennington, Blake Sent: Friday, September 09, 2016 2:02 PM To: Garner, Andrew; Williams, Kit Cc: Mulford, Patti; CityClerk; Smith, Sondra Subject: Legistar 2016-0378 - Rezoning 16-S508 (Colfax Loop) Andrew and Kit, Sondra caught an issue with the ordinance for this rezoning. The ordinance does not match up with the map and legal description because the Planning Commission and City Council approved a zoning (NC) that the applicant didn't request. Applicant requested RSF-8 but consented (I think somewhat grudgingly) to the change to NC when it was at the City Council. What that led to was a city council memo and exhibits that reflected the applicant's request but the ordinance included the recommendation of the planning commission. I'm not sure how you want to handle this — whether the current exhibits are modified or if you add alternative Exhibits C and D that reflect the PC recommendation and what the City Council approved. Thanks, Blake Blake E. Pennington Assistant City Attorney 113 W. Mountain St., Suite 302 Fayetteville, Arkansas 72701 Telephone: (479) 575-8313 bpennin_tg onkfayetteville-ar.g_ov { 44 f AY,[ r"w" 5i Facebook I Twitter I Instagram I YouTube