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Home My WebLink AboutORDINANCE 5909113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5909 File Number: 2016-0328 RZN 16-5442 (2514 W. LORI RD./RAZORBACK GOLF COURSE): Doc ID: 017122990007 Type: REL Kind: ORDINANCE Recorded: 10/24/2016 at 08:50:27 AM Fee Amt: $45.00 Page 1 of 7 Washington County,, AR Kyle Sylvester Circuit Clerk File2016-00031293 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5442 FOR APPROXIMATELY 99.10 ACRES LOCATED AT 2514 WEST LORI ROAD FROM R-A, RESIDENTIAL AGRICULTURAL; RSF-1, RESIDENTIAL SINGLE FAMILY, ONE UNIT PER ACRE AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION; R-A, RESIDENTIAL AGRICULTURAL AND NS, NEIGHBORHOOD SERVICES SUBJECT TO THE ATTACHED 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 R-A, Residential Agricultural; RSF-1, Residential Single Family, One Unit Per Acre and RSF-4, Residential Single Family, 4 Units Per Acre to NC, Neighborhood Conservation; R-A, Residential Agricultural and NS, Neighborhood Services subject to the attached Bill of Assurance. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 10/4/2016 Page 1 Printed on 1015116 Ordinance: 5909 File Number: 2016-0328 Attest: Sondra E. Smith, City C1 peMLR« gSLfrr 0 i r 'ram lY' • • �1 r Page 2 Printed on 1015116 `M BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS RECEIVED SEP 0 $'2016 C n►c�ERM oFFicE In order to attempt to obtain approval of a request for a zoning reclassification, the owner developer, or buyer. of this property, (hereinafter "Petitioner") hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressl� 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 Iimited to A maximum of 400 single-family homes shall be permitted on the areas zoned Neighborhood Conservation and Nei{Jiborhood Services. 2. Other restrictions including number and type of structures upon the property are limited to A maximum of 400 sin lca-family homes shall be 12cLTiitted on the areas zoned Neighborhood Conservation and Neighborood Services. 3. Specific activities will not be allowed upon petitioners property include 4. (Any other terms or conditions) 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioners property. IN WITNESS WHEREOF nd i agreement with all the terms and conditions stated above,1, _t Y r': 2 _ , as the owner, developer,or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. r If-7 Printed Name Signature NOTARY OATH STATE OF ARKANSAS COUNTY OF WASHINGTON And now on this the 2s day of 4 20�, appeared before me, fah' 111 I1rl� 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. NOTARY PUBLIC My Commission Eires: SARAH E. JOHNSON� .: .:,. MY COMMISSION # 1232p345 EXPIRES: January 27, 2021 Washinc3lon Counly Rezone Exhibit A 1 1ug067,.TN•if�aPr N ]0`231i' REMAINDER NOTA PART OF REZONING 1 IBO.B �r 4" ;•r+ Y3�17 •lq'�iC, N, I PARCEL 117651665E-020 'nacr, AlA g2an lAI A PART OF THE SOUTH HALF OF THE NORTHEAST QUARTER AND A PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 32, AND A PART OF THE SOU — IT QUARTER OF THE N—INESTOUARTER OF SECTION 33, ALL BEING IN TOWNSHIP 17 NORTH RANGE 30WEST, WASHINGTONCOUNTY ARKANSAS. BEING MORE PARTICULARLYDESCRIBEOAS FOLLOWS, TO -NIT. COMMENCINGAT THE SOUTHEAST CORNER OF SECTON SAID SECTION 32 AND RUNNING THENCE NO3.11-74911E THENCE SM-11'43E329 90: THENCE WV-3E"E 24M 18 TO THETRUE POINTOF BEGINNING ANO RUNNING THENCETHE FOLLO WING TWENTY (M)WORSESAND DISTANCES. S61-57'52'W 305.93E SEI.42M W 305.70E S65' 8WW d18.87, SE5'2620'W 10050E SU-12O9 W 245.44E 553'dd33 W 150.2T, S69.4721 W I15.98E S77'WM W 369.36E S82W'I1 W 276.4.3E S56'ITII' W 339.01: NO '19MWM355', N71.12'dl' E 7121T NBE`3129'E 196 A3', N59-40'37•E 139 91E MM-10'13-E f83 82E N87`4T4 -E 3528Y, MT41'38-E M1.8C MO'23'11-E IM.69', NME 30'10"E 649 65E AND 502'3839W42.14 TOTHEPOINTOFBEGINNING CONTAINING 1159 ACRES MORE OR LESS. AACra(AC�OP APART OFTHE SOUTHEAST OFTHE SOUTHEASTOUARTER AND A PARTOFTHE NORTH HALF OFTHE SOUTHEASTQUARTERANDAPARTOFTHESOUTHEASTQUARTER OFTNENORTHEASTQUARTER IF THESECTION 32ANDAPARTOFTHEWESTHALFOFTR SOUTHWEST, UARTERANDAPARTOFTHE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP E NORTH RANGE 30WEST,EGINNIMSHINGTONCOOINT CHISAS.BEINGMORE1. FROM THELYOESCRSr COSENOFWS SAID SO"T" BEGINNING NO 11SOUTHEAST C2'—TF SAID SOUTHEAST QUARTER, 'E7 1 96! NG THENCE THE FOLLOWING 18 COURSES: NO2'MW 2 7521E N872827 W 19 016 E NO2`31II1 71 96E N1'2W59-W 45673E N9 446E 1114202E I'-3"E I 27319'. NSfi'ITif'E 3IM OIE NBTOTII'E176.13EN7P20'S9'E369.36EN69'4T21'E 115.98'.N53'40'2T 150.23E N81'1239w 29606E'MO N86-1 - W3 6 N' T. 418 8T. NH1 BEGIN IN 70E N61.5T62E 305.93E MORE LESS .IE'ANO NB6'll'A3W J29.80'TO THE POIMOFBEGINNING COMAINING 72.72ACRES, MORE OR LESS IWLTl R4SPONNI m%l APARTOF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 17 NORTH RANGE 30 WEST, WASHINGTON COUNTY, A ANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. TO-W17 BEGINNING AT THE SOUTHEASTCORNER OF SAID SOUTHEAST QUARTER AND RUNNINGTHENCE7--: FOLLOWING5CW SES.NET27'I8WR6.76EN02'31'33'E82402:S87`2827-E785.68ES02`—W 7521'AND 503'11'S7 W 74RII' TO THE POINT OFBEGINNING. CONTAINING I —ACRES, MOREOR LESS 7RAGT1-W6;ZONiNG 1 Y T.59 A— s I 1 I 2 TRACT 2 NC ZONING r 72 72 Acres 3 1 I1A y1+ 1 PARCEL 97W24095 fo �$ 1 f I � 1 i 1 I II rJ TRACT] yN3�ZUIJI7F3 �y lRN A—s X 1 sEcaRL>GR J dEcrKWJ2 ror�H xww",' f sn2'3638' µ ziaDz 1 e aaor_•r > �•3d7a x BLEW &ASSOCIATES, PA CIVIL ENGINEERS &LAND SURVEYORS 524 W. SYCAMORE ST, SUITE 4 FAYETTEVILLE, ARKANSAS 72703 OFFICE: 479.443.4506 FAX: 479.582.1883 www.BLEWINC.coln Ceivficate oFAuthorization N_ 1534 i.,iP1lY CT+�OAt*. P111P[PrfP A' N'F'P'1,1T(;iM ,.•1— 06/20 j2n16 ',G'asliryue);ran Cnunc7' I-Nu:�.i. Ark2nsm RuorhackGoff(: ucac Bars Bauer ti' Blew f=n 4 ; Associates, P.A. r� Civil Engineers Professional Land Surveyors EXHIBIT B 524 West Sycamore St., Suite #4 Fayetteville, Arkansas 72703 479-443-4506 Fax 582-1883 Description of Area(s) to Be Rezoned. TRACT I (RA ZONING AREA) APART OF THE SOUTH HALF OF THE NORTHEAST QUARTER AND APART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 32, AND APART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, ALL BEING 17V TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE SOUTHEAST CORNER OF SECTION SAID SECTION 32 AND R UNNING THENCE NO3 01 F5 T E 749.11, THENCE S8601 1'43 "E 329. 80', THENCE N02036'38"E 2468.18' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE THE FOLLOWING TWENTY (20) COURSESAND DISTANCES: S61 °57'52" W305.9311 S81 °42'20"W 305.70', S65048'05"W 418.87, S85026'2011W 100.50 ; S84 °12'39"W 245.44 , S53 °40'33 "W 150.23 , S69047'21 "W 115.98', S77020'59"W 369. 36' S82 °03'I1 "W 276.43 , S56017'11 " W 339. 01; NO3 °19'05 "W 263. 55 , N71 °12'41 " E 712.17 ; N88 °31 '29 "E 196. 93 , N59 °40'37 "E 139.91; N64010'13 "E 183.82 , N8704649"E 352.82 , N47041 '38 "E 204.89 ; N70023'11 "E 160.68' N88030'1011E 649.651 , AND S0203638"W 42.14' TO THE POINT OF BEGINNING. CONTAINING I1.59 ACRES MORE OR LESS. TRACT 2 (NC ZONING AREA) A PART OF THE SOUTHEAST OF THE SOUTHEAST QUARTER AND A PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SECTION 32 AND A PART OF THE WEST HALF OF THE SOUTHWEST QUARTER AND A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS NO3 °I 1 '57 "E 749.11 ' FROM THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER, AND RUNNING THENCE THE FOLLOWING 18 COURSES: NO2 °3638 "E 75.21; N87°282 7W 785.68 ; NO2 °31 '33 "E 731.96 ; N12021'28"W456.73, N8701446"W1142.02', N03019'05"W273.49; N56017'11"E 339.01', N82003'11 "E 27643, N77°20'59"E 369.36" N69°47'21 "E 115.98; N53°40'33 "E 150. 23 , N84 °12'39 "E 284. 06 ; N86012'19 "E 61. 89 , N65 °48'05 "E 418. 87 , N81 °42'20 "E 305. 70 , N61 °5752 "E 305. 93 ; S02 °3638 "W 2468.18' AND N86011 '43 "W 329. 80' TO THE POINT OF BEGINNING. CONTAINING 72.72 ACRES, MORE OR LESS. TRACT 3 (NS ZONING AREA) A PART OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER, AND RUNNING THENCE THE FOLLOWING 5 COURSES: N87027'18"W 776.76, NO2°31'33'E 824.02, S87028'27 "E 785.68 , S02 °3638 "W 75. 21 ' AND S03 °I1 '57"W 749.11 ' TO THE POINT OF BEGINNING. CONTAINING 14.79 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 10/24/2016 08:50:27 AM and recorded in Real Estate File Number 2016 1293 Kyie Sylvester- irc it 1 r by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2016-0328 Agenda Date: 10/4/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 1 RZN 16-5442 (2514 W. LORI RD./RAZORBACK GOLF COURSE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5442 FOR APPROXIMATELY 99.10 ACRES LOCATED AT 2514 WEST LORI ROAD FROM R-A, RESIDENTIAL AGRICULTURAL; RSF-1, RESIDENTIAL SINGLE FAMILY, ONE UNIT PER ACRE AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION; R-A, RESIDENTIAL AGRICULTURAL AND NS, NEIGHBORHOOD SERVICES SUBJECT TO THE ATTACHED BILL OF ASSURANCE (LEFT ON SECOND READING) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-A, Residential Agricultural; RSF-1, Residential Single Family, One Unit Per Acre and RSF-4, Residential Single Family, 4 Units Per Acre to NC, Neighborhood Conservation; R-A, Residential Agricultural and NS, Neighborhood Services subject to the attached Bill of Assurance. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 101512016 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2016-0328 Legistar File ID 7/19/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/1/2016 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: RZN 16-5442: Rezone (2514 W. LORI RD./RAZORBACK GOLF COURSE, 285): Submitted by BLEW & ASSOCIATES, INC. for properties located at 2514 W. LORI RD. The properties are zoned R-A, RESIDENTIAL -AGRICULTURAL, RSF-1, RESIDENTIAL SINGLE FAMILY ONE UNIT PER ACRE, AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 99.10 acres. The request is to rezone the properties to NC, NEIGHBORHOOD CONSERVATION; R-A, RESIDENTIAL AGRICULTURE; and NS, NEIGHBORHOOD SERVICES. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Fund Project Title Current Budget $ Funds Obligated $ Current Balance Item Cost Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF 7 %Z —Iay le e CITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF JULY 19, 2016 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, City Planning Director FROM: Harry Davis, Planner DATE: June 30, 2016 SUBJECT: RZN 16-5442: Rezone (2514 W. LORI RD./RAZORBACK GOLF COURSE, 285): Submitted by BLEW & ASSOCIATES, INC. for properties located at 2514 W. LORI RD. The properties are zoned R-A, RESIDENTIAL -AGRICULTURAL, RSF-1, RESIDENTIAL SINGLE FAMILY ONE UNIT PER ACRE, AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 99.10 acres. The request is to rezone the properties to NC, NEIGHBORHOOD CONSERVATION; R-A, RESIDENTIAL AGRICULTURE; and NS, NEIGHBORHOOD SERVICES. RECOMMENDATION: The Planning Commission and City Planning staff recommend approval of an ordinance to rezone the properties from R-A, RSF-1, and RSF-4 to R-A, NC, and NS as shown in Exhibits A and B. BACKGROUND: Background and Property Description: The assembled tracts contain approximately 99.10 acres located north of Mount Comfort Road and west of Deane Solomon Road. The property has been used for many years for the Razorback Golf Course that has closed for business. The land has been cleared for many decades for golf greens, fairways and paved golf course paths. There are some mature stands of trees in various areas, several ponds and water features, with the protected stream Clabber Creek and its associated floodplain in the northern portion of the site. The property is zoned RSF-4, Residential Single Family Four Units per Acre; R-A, Residential Agricultural; and RSF-1, Residential Single Family One Unit per Acre. Request. The applicant requests to rezone 72.72 acres to NC, Neighborhood Conservation; 14.79 acres to NS, Neighborhood Services; and 11.59 acres to R-A, Residential Agriculture as depicted in the attached rezoning exhibit. The applicant has indicated the intention to develop a majority of the property with a single-family neighborhood. The portion zoned NS is intended by the applicant to allow greater flexibility of housing density while the portion zoned R-A is for conserving the floodway around Clabber Creek. The proposed NC zoning is a single family zoning district that provides additional variety of lot sizes compared to the predominant RSF-4 pattern in this area and opportunity for increased density up to ten units per acre. NS would allow other housing typologies greater than a single-family home, including two- and three-family dwellings by right. Mailing Address: 113 W. Mountain Street www.tayetteville-ar.gov Fayetteville, AR 72701 STAFF FINDINGS: The City Plan 2030 Future Land Use Plan map (FLUM) identifies this area primarily as a Civic and Private Open Space/Parks Area with Natural Area in the Clabber Creek floodplain area and Residential Neighborhood Area in the south. The site is designated as Civic and Private Open Space/Parks Area because of its historical use as a private golf course. However, this designation does not limit the property from being able to be redeveloped and transition over time into a different land use. For the areas proposed NC, the proposed zoning is compatible with the surrounding residential properties to the north, east, and west by proposing similar single family detached zoning. In staff's opinion, the proposal is not only compatible, it is complimentary and adds to the variety and mix of residential dwelling types. For the area proposed to be NS, the proposed zoning is compatible with nearby zones. The NS portion would be adjacent to the Coyote Trail subdivision zoned RT-12. Like RT-12, NS would allow single-, two-, and three-family dwellings along with limited business that would serve as a low -intensity, walkable area with an underlying purpose as a transition between low- and medium -density areas. The rezoning is consistent with goals and policies of City Plan 2030 to discourage suburban sprawl by encouraging development in an area surrounded by developed neighborhoods and roadways. The proposed use of NC and NS zones are consistent with the goal to make traditional town form the standard. The proposal is also consistent with the Future Land Use map designation of Natural Area on the Clabber Creek floodplain portion of the site, as it appears the proposed rezoning would place R-A zoning on the majority of the floodplain and floodway. Such a zone would better protect and manage the riparian corridor along Clabber Creek. Staff finds that the proposed zoning is justified and needed to accommodate planned development of this area. Paralleling national trends in the golf course industry, Razorback Golf Course endured declining success before going out of business in recent months. Given this site's proximity to existing roads, utility infrastructure, and surrounding development, it is justified to rezone the property for single-family to three-family residential density alongside possible limited business for residents of the area. DISCUSSION: This item was discussed at the June 13, 2016 Planning Commission meeting. At that meeting three members of the public spoke opposed to the rezoning. Primary items of discussion included concerns with increased density, flooding, traffic, and a lack of adequate street infrastructure. The Planning Commission discussed with the applicant a desire for more variety as the entire property was proposed to be rezoned NC, Neighborhood Conservation. The commission also discussed the potential for non-residential services and tabled the item for two weeks. The applicant revised the proposal for the June 27, 2016 meeting in an attempt to address the commission's concerns. On June 27, 2016 the Planning Commission forwarded the applicant's request for rezoning 99.10 acres of R-A, RSF-1, and RSF-4 to R-A, NC, and NS with a recommendation for approval by a vote of 8-1-0, Commissioner Hoskins dissenting. There was no public comment at the June 27'h Planning Commission meeting. Attachments: • Exhibit A ■ Exhibit B ■ Application ■ Planning Commission Staff Report Rezone Exhibit A � R r�'.TdAr F J' REMAINDER NOT A PART OF REZONING 2944-- Yirn'�i. t TRACT 1 -RA ZONING 11: 59 Acres t F T f�. IT .a r: TRACT 2 NC ZONING 72.72 Acres t M11RP Il\'IR#AREAS y` PART OFTHE SOUTH HALF OF P1MF NCa4T1iA5P W4NrfRAf2CA S'ARfiY 7Nb TRkpflf4NtFW SOUTHEAST OUARTER OF SECTION 32. AND A PART OF THE SOUTHWEST CHARTER OF THE AAWIHA/<Sr4MFtRiSJPW scull Nll1 Ail 1w"N4 Tuw,-11 llt 2-.w 3aµ s). WASHING TON COUNTY. ARHANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TpWIT Lf%.111f1hCHtlAP"dDWIfTiY'fMNFWAMSit MIN 3AIGSft'tp0432 AVpAIYA W..ACk NO3'11'S7'E 749 11'. THENCE S66`11 N3"E 329 00'. THENCE NO2'36 36"E 24G916 TO THE TRUE POINT OF BEGINNING ANo RUNNING THENCE THE FOLLO WING TWENTY 120) COURSES AND DISTANCES S61'S7'S2-W30593'.SB1'4220V 570'.S65'4805W41807'.S85'2620"W10050'.S14'1239'W2J541 ESS"lCIS 26355:S61'12Al'E+IS17N83'3)29-EI6YJ!'tfP'Yrl7'El399"N4-1011.1(.]yy2♦. NO3'19'OS"W 26355'NJT'1—E]121]'.NBB'3119'E10693'.N59'40'3 ]'E13991'N64'1913'E 10302'. 49"E 352 02. N4)'41'3B"E 204 BY T f'E NBB'30"10"E 649 65'. AND 502'363BW 4214' TOTHE POINT OFF BEGIBEGINNINGG CONOh TAINING 11 59 ACRES MORE Ok LESS 1ftACllrnt i4TFF4Gw:E4I A PART OF THE SOUTHEAST OF THE SOUTHEAST CUARTER AND A PART OF THE NORTH HALF OF THE _ SOUTHEAST OUARTER AND APART OF THE SOUTHEAST OUARTER OF THE NORTHEAST CHARTER OF THE SECTION 32 AND APART OF THE WEST HALF OF THE SOUTHWEST QUARTER AND A PART OF THE SAID SOUTHEAST OUARTER AND RUNNING THENCE THE FOLLOWING 16 COURSES N5G`1 J'11"E 339 01'. NB203'f 1"E 2J6 43'. N7T'2039"E 3R9 ]6'. NG9 4721 "E 115 9B" N53'�033"E 150 23" NB4 12'39'E 2B4 0G'. N86-12'19'E 61 B9'. N65'4B'OS'E 4161J'. N61'42'20'E J05 70'. NG I'S7'52-E 305 93' S02'36'39-W 246E 18'AND NB6'11'43-W 32960' TO THE POINT OF BEGINNING CONTAINING 72 J2 ACRES. MORE 111 ESS A PAR r THE SO i aplAl A PART OF THE SOUTHEAST OUARTER OF SECTION 32 TOWNSIIIP 17 NORTH RANGE 30 WEST EST ARHANSASNSAS BBEING MORE PAk TICUTARL v DESCR/BED AS FOLLOWS TO Wli OGLOWINGTHE SOUTHEAS T CORNER OF SAID SOUTHEAST OUARTER. AND RUNNING THENCE THE 5COURSES NB 7'2710'W JJ6 J6 N023133"E 02402 S87 2e27"E 705 GB; S02'36'3B•W LESSMkJYW'f l']A'N]J'll'f014CM'Nrd Yl'4iNrtM7 WHfAW1Yd PAN.MME'1 [S PC Cf+ LESS TRACT 3 - NS ZONING 14 79 Acres i 5E CORNER SECTION 32 T1 J-N R-30W 1 BLEW &ASSOCIATES, PA CIVIL ENGINEERS & L'llND SURVEYORS FRS 524 W. SYCAMORE ST, SUITE 4 FAYF.'1 TEVILLE, ARKANSAS 72703 OFFICE: 479.443.4506 FAX: 479.582.1883 XN�vxv.BLEWINC.Con, Catificam of AuihorizaTion N 1534 SGbo 06/20/2016 �� nsh 11l�f Olt C()1I11Iy R-orhack CTOIf Comic Bart Bauer wll'-f Blew ,associates, RrAl Civil Engineers Professional Lend Surveyors EXHIBIT B 524 West Sycamore St., Suite #4 Fayetteville, Arkansas 72703 479-443-4506 Fax 582-1883 Description of Areas) to Be Rezoned: TRACT I (RA ZONING AREA) A PART OF THE SO UTH HALF OF THE NORTHEAST Q UARTER AND A PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 32, AND A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, ALL BEING IN TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT - COMMENCING AT THE SOUTHEAST CORNER OF SECTION SAID SECTION 32 AND R UNNING THENCE NO3 °11 '57 "E 749.11, THENCE S86 °11 '43 "E 329. 80 , THENCE NO2 °36'38 "E 2468.18' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE THE FOLLOWING TWENTY (20) COURSES AND DISTANCES: S61 °57'52" W 305.93, S81 °4220"W 305.70', S65048'05"W 418.87, S85°2620"W 100.50, S8401239"W 245.44, S53040'33"W 150.23 , S69°4721 "W 115.98, S77020'59"W 369.36, S82°03'11 "W 276.43, S56°17'11 " W 339.01, NO3 °19'05 "W 263.55', N71 °1241 " E 712.17, N88 °31 '29 "E 196.93, N59 °40'3 7 "E 139.91" N64010'13"E 183.82; N87046'49"E 352.82, N47°41'38"E 204.89, N70023'11 "E 160. 68', N88 °30'10 "E 649. 65 , AND S02 °36'38"W 42.14' TO THE POINT OF BEGINNING. CONTAINING 11.59 ACRES MORE OR LESS. TRACT 2 (NC ZONING AREA) A PART OF THE SOUTHEAST OF THE SOUTHEAST QUARTER AND A PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SECTION 32 AND A PART OF THE WEST HALF OF THE SOUTHWEST QUARTER AND A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT.- BEGINNING AT A POINT WHICH IS NO3 °11 '57 "E 749.11 ' FROM THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER, AND RUNNING THENCE THE FOLL O WING 18 COURSES: NO2 °3638 "E 75. 21, N8702827"W 785.68, NO2 °31 '33 "E 731. 96 , N12021'28"W 456. 73 , N87°1446"W 1142.02', NO3°19'05"W 273.49', N56°17'11 "E 339.01; N82003'11 "E 276.43, N77020'59"E 369.36, N69047'21 "E 115.98, N53040'33"E 150. 23" N84 °1239 "E 284. 06 , N86 °12'19 "E 61. 89 , N65 °48'05 "E 418. 87 , N81 °42'20 "E 305. 70 , N61 °5752 "E 305. 93 , S02 °36'38"W 2468.18' AND N86°11 '43 "W 329.80' TO THE POINT OF BEGINNING. CONTAINING 72.72 ACRES, MORE OR LESS. TRACT 3 (NS ZONING AREA) A PART OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER, AND RUNNING THENCE THE FOLLOWING 5 COURSES: N87°27'18"W 776.76, NO2°31'33"E 824.02 , S87028'27 "E 785.68 , S02 °36'38 "W 75. 21 ' AND S03 °11 '57"W 749.11 ' TO THE POINT OF BEGINNING. CONTAINING 14.79 ACRES, MORE OR LESS. CITY OF FAYETTENVILLE. A KA SAS REZONING FOR STAFF USE ONLY FEE: $325.00 1 atv Application Submitted: Sign Fee: ,$5.00 Datc Accepted as Complete: S-T-K _ C:ase!Appeal Number: t�� L PPi#:� l'rnl+lic Hearing Date: _ !/ Zone:d,/ , Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda nmtil this information is furnished. AA Ali n : Indicate one contact person for this request: Applicant Representative Applicant (person making request): Representative (engineer, surveyor, realto, etc.): Name: Narne: Bart Bauer Blew and Associates, PA Address: Address: 1417 N Addington Ave 524 W Sycamore St Ste 4 Fayelteyille, AR 72703 Fayelteville, AR 72703 E-mail: E-mail bart.bauer@sheglobal.net engineers@blewlnc.com Phone: Phone: c ) c ) Fax: Fax: Site Address / Location: 2575 Deane Solomon Rd Current Zoning District: R-AIRSF-1 Requested Zoning District: NC Assessor's Parcel Numbers) for subject property: 765-16658-020,765-24D95-M,7sS15865-000,765-24102-000,76S16659-000 FINANCIAL INTERESTS The following entities and / or people have financial interest in this project: Bart Bauer Mardi '014 Page I APPLICANT I REPRESENTATI FE: I certify under penalty of perury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions on approval. �4:ttnc Date: PROPERTY OWNER(S) /AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application acid that I/we have read this application and consent to its tiling. (If signed by the authorized agent, a letter from each property owner must be provided indicating that the agent is authorized to act on his/her behalf.) Property Owners of Record (attach additional info if necessary): Name (printed): r/..yjL? 4 t•�.�r Iddre�s L?. �_ fl�acv �1� r ' r_ °// �� Signature" r -� Phone: Date: S' / / (VI ) Name cintcd): jL1, a t f Sir;naturu: - L Dater �4rldress:-�4 �✓ LUf 5 1 J r Phone: (Q-7q) Z3C® (g D 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 comity parcel map from the Washington County Assessor's office or from the Washington County website (xymy,c:o The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel nutnber for every adjacent property shall be shown on this map. March 2014 Page 2 CITY OF Tay%i r. Y � L PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Harry Davis, Planner MEETING DATE: :W"P-27-, 20T6 UPDATED Wf PC RESULTS SUBJECT: RZN 16-5442: Rezone (2514 W. LORI RD./RAZORBACK GOLF COURSE, 285): Submitted by BLEW & ASSOCIATES, INC. for properties located at 2514 W. LORI RD. The properties are zoned R-A, RESIDENTIAL -AGRICULTURAL, RSF-1, RESIDENTIAL SINGLE FAMILY ONE UNIT PER ACRE, AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately cres. The request is to rezone the properties to NC, NEIGHBO OD CONSERVATION; R-A, RESIDENTIAL AGRICULTURE; and S, NEIGHBORHOOD SERVICES. ERROR ON PART OF ENGINEER TO INCLUDE NORTHERN RECOMMENDATION: SECTION -ACTUAL PROPOSAL IS LOWER 99.10 ACRES Staff recommends forwarding RZN 16-5442 to the City Council with a recommendation for approval of NC, NS, and R-A as proposed. BACKGROUND: The previous request by the current applicant was to rezone 99.10 acres south of Clabber Creek to NC, Neighborhood Conservation. The applicant indicated an intention to develop this area into a single-family neighborhood. This item was tabled at the June 13, 2016 Planning Commission to give the applicant time to meet with staff and revise their request according to comments and concerns by the Planning Commission. The applicant has submitted another revised request as described herein and depicted on the attached rezoning exhibit. As Currently Proposed: The assembled tracts contain approximately t 2 54 acres located north of Mount Comfort Road and west of Deane Solomon Road. The property has been used for many years for the Razorback Golf Course that has closed for business. The land has been cleared for many decades for golf greens, fairways and paved golf course paths. There are some mature stands of trees in various areas, several ponds and water features, with the protected stream Clabber Creek and its associated floodplain in the northern portion of the site. The property is zoned RSF-4, Residential Single Family Four Units per Acre; R-A, Residential Agricultural; and RSF-1, Residential Single Family One Unit per Acre. The surrounding land use and zoning is depicted in Table 1. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 SHOULD INCLUDE CLABBER CREEK RSF-1 & R-A FLOODPLAIN Table 1 Surrounding Land Use and Zo ing Direction Land Use Zoning from Site Cr s SF-4, Residential Single Family Four North Units per Acre R-A, Residential Agricultural; RT-12, South Mobile home park; Bird Haven Subdivision (single family); Coyote Trail Subdivision (two-family) Residential Two and Three Family; RSF-4, Residential Single Family Four Units per Acre East Pines at Springwoods (two- and four -family); horse C-PZD, Springwoods (equivalent to farm; Prairie View Acres; conservation area RSF-4 and RMF-18); R-A, Residential Agricultural West Undeveloped RSF-4, Residential Single Family Four Units per Acre DISCUSSION: 72.72 Request: The applicant requests to rezone_9B-99 acres to NC, Neighborhood Conservation; 14.79 acres to NS, Neighborhood Services; and 16.77 acres to R-A, Residential Agriculture as depicted in the attached rezoning exhibit. The applicant has indicated the intention to develop a majority of the property with a single-family neighborhood. The portion zoned NS is intended by the applicant to allow greater flexibility of housing density while the portion zoned R-A is for conserving the floodway around Clabber Creek. The proposed NC zoning is a single family zoning district that provides additional variety of lot sizes compared to the predominant RSF-4 pattern in this area and opportunity for increased density up to ten units per acre. NS would allow other housing typologies greater than a single-family home. Public Comment from June 13, 2016 Planning Commission Meeting: Staff received public comment in regards to concerns over zoning incompatibility, traffic issues on Deane Solomon Road, accessing property from W Lori Dr., decreased nearby property values from dense development, and flooding. During the meeting, neighbors voiced concerns over traffic issues on Deane Solomon, a lack of services included in the proposal, and increased density. Public Comment for Current Submission: Staff has not received public comment for the current submission. INFRASTRUCTURE: Streets: The subject site has access to Deane Solomon Road. Along the subject parcels' frontage, the eastern half of Deane Solomon Road is fully improved with curb, gutter, sidewalk, and storm drainage. The western half is unimproved with an open earth ditch. The subject parcels also have access to Lori Drive and Emil Drive via existing street stub outs to the southeast. Street construction and dedication of right of way would be required if connections were made here. Improvements to Deane Solomon and other streets/intersections would be evaluated at the time of development. GAETC\Development Services Review\2015\Development Review\15-5240 RZN 2514 W. Lori Rd (Razorback Golf Course) \03 Planning Commission\01-25-2016\Comments and Redlines Water: Public water is available to the site. A 12" public main is located within the Deane Solomon Road right of way and an 8" public main exists along the southernmost parcel line of the subject parcels. Sewer: Sanitary Sewer is available to the site. An 8" public main is located within the Deane Solomon Road right of way and an 8" public main exists along the southernmost parcel line of the subject parcels. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. Clabber Creek runs east -west through the northern portion of these parcels. Clabber Creek is a protected stream per city ordinances and contains FEMA regulated floodways and Zone AE floodplains. Floodplain development permits would be required in these locations. Portions of the site are shown to contain hydric soils, which are indicators of wetland areas. Further information regarding the existence of wetlands may be required at the time of development. No portions of these parcels are located within the HHOD. Fire: This development will be protected by Engine 7 located at 835 Rupple Road. It is 3 miles from the station to the study area with an anticipated response time of 7 minutes to the beginning of the study area. The Fire Department does not feel this rezoning will affect calls for service or response times. Police: The Police Department have not expressed concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: The City Plan 2030 Future Land Use Plan map (FLUM) identifies this area primarily as a Civic and Private Open Space/Parks Area with Natural Area in the Clabber Creek floodplain area. The site is designated as Civic and Private Open Space/Parks Area because of its historical use as a private golf course. However, this designation does not limit the property from being able to be redeveloped and transition over time into a different land use. The study area is identified as having a high level of natural resources by the Fayetteville Natural Heritage Association (FNHA), a local non-profit group. Some habitat in the study area is classified by the FNHA as seasonal wetlands'. As a result of the FNHA work and other City staff research, this study area was included on the Enduring Green Network (EGN) map. The EGN map resulted in designation of portions of this area as Natural Area on the Future Land Use map. However, site specific environmental study of the project area has not been conducted to staff's knowledge. It should be noted that golf courses have had a long reputation of being harmful to the environment because of the use of chemicals (fertilizer, pesticides, herbicides, etc.), water, and other resources to maintain pristine golfing conditions 2 ' Fayetteville Natural Heritage Association Environmental Working Group Map 2008-2009 2 Audobon International. Golf and the Environment Fact Sheet Accessed December 2015, www.a udoboninternational.arg G:\ETC\Development Services Review\2015\Development Review\15-5240 RZN 2514 W Lori Rd. (Razorback Golf Course) \03 Planning Comm ission\01-25-2016\Comments and Redlines The applicant's proposal to rezone 128.54 acres includes two (2) major areas indicated in the FLUM: Civic and Private Open Space/Parks Areas are sites that are permanently dedicated to open space or park land. Guiding Policies for this areas are as follows: a. Encourage parkland dedication and conservation easements for trails that support the Fayetteville Alternative Trails and Transportation Plan, the 10-Year Parks Master Plan and the Enduring Green Network. b. Provide an integrated network of open space areas throughout the City to serve local residents as well as provide a regional asset and visitor attraction. c. Plan for the long-term preservation and enhancement of open space (including undeveloped natural areas, utility corridors, and key scenic corridors) within the Fayetteville green network. d. Conserve open space within the Fayetteville green network through private acquisition and other acceptable conservation methods. e. Encourage the creation of connected trails and walkways between community activity areas and neighborhoods and enhance with kiosks and rest stations. f. Encourage community -based "green" infrastructure such as rain gardens, vegetated drainages and bio-retention facilities. g. Encourage pocket parks, especially in the urban center areas. 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. A third type of area on site is indicated in the Future Land Use map, called Residential Neighborhood Area, is summarized as such: ... These 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. STAFF FINDINGS 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: Surrounding Land Use Compatibility: For the areas proposed NC, the proposed zoning is compatible with the surrounding residential properties to the north, east, and west by proposing similar single family detached zoning. Rezoning the site's middle 72.72 and aortl?ern-24.26-acres for denser single-family residential is compatible with surrounding residential uses and zonings, including multi -family to the east in the Pines at Springwoods development, a neighborhood of duplexes to the south in the Coyote Trail subdivision, and undeveloped land zoned for single family residential zoning to the west. Compatibility does not mean that the zoning has to be identical GAETC\Development Services Review\2015\Development Review\15-5240 RZN 2514 W Lori Rd (Razorback Golf Course) \03 Planning Commission\01-25-2016\Comments and Redlines in terms of the actual zoning district, building typology allowed, or use. It refers to the ability of various zoning districts and uses being able to exist in harmony with surrounding neighborhoods. In staff's opinion, the proposal is not only compatible, it is complimentary and adds to the variety and mix of residential dwelling types. For the area proposed to be NS, the proposed zoning is compatible with nearby zones. The NS portion would be adjacent to the Coyote Trail subdivision zoned RT-12 in the east, a mobile home park zoned R-A in the south, and the Bird Haven Terrace subdivision and undeveloped areas zoned RSF-4 to the southwest and west, respectively. Like RT-12, NS would allow single-, two-, and three-family dwellings along with limited business that would serve as a low -intensity, walkable area with an underlying purpose as a transition between low- and medium -density areas. Compatibility analysis for the proposed R-A is generally simplistic and compatible with every adjacent zone. R-A is not a conservation zoning district, but is used here as such to protect the riparian corridor along Clabber Creek. This part of the proposal is best explained in relation to the Future Land Use map. Land Use Plan and Policy Analysis: The rezoning is generally consistent with planning objectives, principles, and policies put forward in City Plan 2030 and the Future Land Use map. The Future Land Use map designates a majority of this site as Civic and Private Open Space/Parks Areas to recognize the historical use of this site as a private golf course. This designation does not prevent the property from being rezoned and redeveloped for a different land use consistent with overall City policy. The rezoning is consistent with goals and policies of City Plan 2030 to discourage suburban sprawl by encouraging development in an area surrounded by developed neighborhoods and roadways. The proposed use of NC and NS zones are consistent with the goal to make traditional town form the standard. These districts are form -based districts that have a build - to zone for buildings, which help define space along streets. Additionally, denser development with the possibility of mixed -use provides the opportunity for a variety of price points for residents, which in turn creates opportunities for attainable housing and walkable communities. The proposal is consistent with the Future Land Use map designation of Natural Area on the Clabber Creek floodplain portion of the site, as it appears the proposed rezoning would place R-A zoning on the majority of the floodplain and floodway. Such a zone would better protect and manage the riparian corridor along Clabber Creek. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed zoning is justified and needed to accommodate development of this area. Paralleling national trends in the golf course industry, Razorback Golf Course endured declining success before going out of business. Given this site's proximity to existing roads, utility infrastructure, and surrounding development, it is justified to rezone the GAETC\Development Services Review\2015\Development Review\15-5240 RZN 2514 W. Lori Rd. (Razorback Golf Course) \03 Planning Comm ission\01-25-2016\Comments and Redlines property for single-family to three-family residential density alongside possible limited business for residents of the area. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: This rezoning will create the opportunity for development that could substantially increase traffic on surrounding roads over the existing R-A, RSF-1, and RSF-4 zoning districts. Deane Solomon Road is an unimproved two-lane road and will need to be improved with any development. In addition, a bridge over Clabber Creek to the west of this site is indicated on the Master Street Plan and development of this property may need to contribute an assessment towards that offsite improvement. Mount Comfort Road/Porter Road is a Minor Arterial roadway that was improved by the City and Arkansas State Highway and Transportation Department (AHTD), including signalization and interchange improvements at 1-49. Mount Comfort and Deane Solomon Road will serve a large proportion of traffic in and out of this property. With on and off -site improvements required as part of development, an appreciable increase in traffic danger and congestion should not result. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The proposed rezoning would increase the potential population density over the existing zoning, but is unlikely to undesirably increase the load on public services. An analysis of impact to city services has been included under infrastructure, and in the overall recommendation, included throughout this staff report. The Police Department expressed no objections to the proposal. The Fire Department does not feel that this zoning will negatively affect service times to area. The Fayetteville School District is notified of all rezonings by the City but does not typically provide comments and have provided no input on this application. 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: Staff recommends forwarding of RZN 16-5442 to the City Council with a recommendation of approval for NC, NS, and R-A as proposed. GAETC\Development Services Review\2015\Development Review\15-5240 RZN 2514 W. Lori Rd (Razorback Golf Course) \03 Planning Commission\01-25-2016\Comments and Redlines PLANNING COMMISSION ACTION: Required Date: June 27, 2016 O Tabled )7(Forwarded O Denied Motion: HOSKINS MOTION TO FORWARD w/ APPROVAL : Second AUTRY SUCCEEDED Vote: 8-1-0 HOSKINS DISSENTING ICITY COUNCIL ACTION: Required Date: July 19, 2016 O Approved O Denied BUDGET/STAFF IMPACT: None ATTACHMENTS: • Existing and proposed zoning criteria • Applicant's request letter • Rezoning exhibit • Public comment • Current land use map • Close up map • Future land use map ■ One mile map GAETC\Development Services Review\2015\Development Review\15-5240 RZN 2514 W Lori Rd. (Razorback Golf Course) \03 Planning Commission\01-25-2016\Comments and Redlines 161.03 District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Sin2le-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 j Animal boardin and training (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 _ Wireless communications facilities Unit 42 Clean technologies (C) Density Units per acre One-half (D) Bulk and area regulations Lot width minimum 200 ft. Lot Area Minimum: Residential: 2 acres Nonresidential. 2 acres Lot area per dwellinq unit 2 acres E) Setback requirements Front Side Rear 11 35 ft. 20 ft. 35 ft (F) Height requirements There shall be no maximum height limits in the A-1 District, provided, however, that any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required setback lines. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8- 31-99; Ord. 5028, 6-19-07; Ord. 5128, 4-15-08, Ord. 5195, 11-6-08; Ord. 5238, 5-5-09; Ord. 5479, 2-7-12) G:\ETC\Development Services Review\2015\Development Review\15-5240 RZN 2514 W. Lori Rd. (Razorback Golf Course) \03 Planning Commission\01-25-2016\Comments and Redlines 161.05 District RSF-1, Residential Single -Family — One Unit Per Acre (A) Purpose. A district having single-family detached residences on lots with a minimum size of one unit per acre. The district is designed to permit and encourage the development of very low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (C) Permitted uses. Unit 1 City-wide uses by right _ Unit 8 Single-family dwellings Unit 41 Accessory dwellings (D) 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 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development (E) Density. Units er acre 1 1 (F) Bulk and area regulations. Lot width minimum 150 ft. Lot area minimum 35.720 Sq. Ft. Land area per dwellin unit 35,720 S . Ft. 11 (G) Setback requirements. Front Side Rear 35 ft 20 ft. 35 ft. (H) Building height regulations. Buildin Height Maximum 1 45 ft, Height regulations Structures in this District are limited to a building height of 45 feet, Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses, (ord. * 4858). (1) Building area. None. (Code 1965, §160.44; Ord. No. 3792, §4, 5-17-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. 4858, 4-18-06; Ord. 5028, 6-19-07; Ord. 5128, 4-15-08; Ord 5224, 3-3-09; Ord. 5462, 12-6-11) G:\ETC\Development Services Review\2015\Development Review\15-5240 RZN 2514 W. Lori Rd. (Razorback Golf Course) \03 Planning Commission\01-25-2016\Comments and Redlines 161.07 District RSF-4, Residential Single -Family— Four Units Per Acre (A) Purpose The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accesso dwellings 191 (nnrlitinnal u.¢p.¢ Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development (C) Density. [Unft�p::,:�:,acre Single-family dwellings Two-family dwell in s 4 or less 7 or less (D) Bulk and area regulations. Single-family Two-family dwellin s dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 8,000 sq. ft. 12.000 sq.-ft Land area per 8,000 sq. ft. 6,000 sq ft dwellinu unit Hillside Overlay 60 ft. 70 ft. District Lot minimum width Hillside Overlay 8,000 sq. ft. 12,000 sq.-ft. District Lot area minimum Land area per 8,000 sq. ft. 6,000 sq. ft. dwelling unit (E) Setback requirements. Front Side Rear 15ft 5ft. 15ft. 71 (F) Building height regulations. Buildm Hei ht Maximum 45 ft. Height regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses, (ord. # 4858). (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4858, 4-18-06; Ord, 5028. 6-19-07; Ord_ 5128, 4-15-08; Ord. 5224, 3-3-09; Ord. 5312,4-20-10; Ord, 5462, 12-6-11) G:\ETC\Development Services Review\2015\Development Review\15-5240 RZN 2514 W. Lori Rd. (Razorback Golf Course) \03 Planning Commission\01-25-2016\Comments and Redlines 161.26 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accesso 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 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Limited Business' Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting rec clable materials Unit 36 Wireless communication facilities Unit 44 Cottage Housing Development (C) Density. 10 Units Per Acre. (D) Bulk and area regulations. (1) Lot width minimum. M amil 40 ft. mil 80 ft. amil 90 ft. (2) Lot area minimum. 4,000 Sq Ft. (E) Setback regulations. Front A build -to zone that is located between the front property line and a line 25 ft from the front property line. Side 5 ft. Rear 5 ft Rear, from center line of 12 ft. an alley (F) Building height regulations. Buildin Hei ht Maximum r 45 ft. (Ord. 5128, 4-15-08; Ord. 5312, 4-20-10; Ord. 5462, 12-6-11;Ord. 5592, 6-18-13; Ord, 5664, 2-18-14) G:\ETC\Development Services Review\2015\Development Review\15-5240 RZN 2514 W. Lori Rd. (Razorback Golf Course) \03 Planning Commission\01-25-2016\Comments and Redlines 161.16 Neighborhood Services (A) Purpose. The Neighborhood Services district is designed to serve as a mixed use area of low intensity, Neighborhood Services promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control, the Neighborhood Services district is a residential zone. (B) Uses (1) Permitted uses Unit 1 City-wide uses by ri ht Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Limited Business Unit 24 Home occupations Unit 41 Accessory dwelling units Unit 44 Cottage Housing Development Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses Unit 2 City-wide uses by conditional use Unit 3 Public 2rotection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 13 Eating laces Unit 15 Neighborhood shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities` Unit 40 Sidewalk cafes Unit 45 Small scale production (C) Densit IF —Units per acre 10 or less (D) Bulk and Area (1) Lot width minimum Single-family 35 feet Two-family 70 feet Three or more 90 feet All other uses None (2) Lot area minimum Single-family 4,000 sq. ft. Two-family or more 3,000 sq. ft. of lot area per dwelling unit All other permitted and conditional uses None (E) Setback regulations Front: A build -to zone that is located between 10 and 25 feet from the front pro ert line. Side 5 feet Rear 15 feet (F) l3uildin hei ht re ulahons JFBuildirig Height Maximum 1 45 ft (G) Building area, On any lot, the area occupied by all buildings shall not exceed 60% of the total area of the lot, (Ord, 5312, 4-20-10; Ord. 5462, 12-6-11; Ord. 5592, 6-18-13; Ord. 5664, 2-18-14; Ord. 5735, 1-20-15) G:\ETC\Development Services Review\2015\Development Review\15-5240 RZN 2514 W. Lori Rd. (Razorback Golf Course) \03 Planning Commission\01-25-2016\Comments and Redlines IrBie ' � ssocjate , P.A. Professional Land Surveyors 524 W. Sycamore Street Suite 4, Fayetteville, AR 72703 PH: 479-443-4506 * FAX: 479-582-1883 In://www.blewirtc.com To Whom It May Concern, Our chent(s), Lim -on Corp DBA & Bart Bauer, wish to rezone the property at 2514 W. Lori Dr., Fayetteville AR 72703. This consists of parcels 765-16657-000, 765-16658-000, 765- 24102-000, and a portion of parcels 765-16658-011, 765-16658-020, 765-24095-000, & 765- 15865-000. The request is to rezone the property from its current zonings of R-A, RSF-1, and RSF-4 to a NC zoning. The purpose of this rezone is to be able to develop the property into single family residences. Currently many of the surrounding properties are this type of development which makes it a good fit for the area. Also this should be consistent with the future land use plan for the area as well. The property already has access to water and sewer so availability to utilities should not be an issue. We feel that this type of development is consistent with the city's goals and principals as well it will have a positive effect on the community and surrounding properties. If you have any additional questions feel free to contact our office. Thanks, Heath Myers Project Manager Rezone Exhibit a,,,�F I_IxxwYm N2s.Apr... TRACT 2-RA ZONING 16 71 AeTes! ten: V' F2,4CI 1 NK 2OYN'Xir APARTOF THE SOUTH HALOF THE HWEST QUA R TEROF ECdON 31 ALL BEING IN TOWNSHIP RN SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33 ALL BEING INTOWNSHIP Il DESCRIBED SFOLLOWS TO -WIT COMMENCING FROM THESOUTHEASTCORNEROF THE SOUTHEAST QUARTER OF SECTION 32 RUNNING THENCE NO3°11'S)'E T49 11', SB6'11'43-E 329 60 ANO 02-36'38'E 2619 69'TO THE TRUE POINTOF BEGINNING RUNNING THENCE THE FOLLOWING 9 COURSES: SI8"02'44 W 252B OB', NOO-4322'E 23B 44'. NB1.11'30'E 239 40'. N44-22'—IF )2600', NO '5212-E fig 27', 507'2356'E 140605 S02`35'43W 15210',S87'1928-E 33000' AND S02`J63BW 10346 TO THE POINTOF BEGINNING CONTAINING 2426 ACRES. MORE OR LESS Saut!'r Md r�rx24awTEaa A PARTOFTHF NORTHWESTOUARTER OF THE SOUTHEASTOUARTER ANDAPARTOF THE SOUTH THE WASHIN TONCOHWEST NTY.AROFSEC BEING MORE ALL PARTINTOWNSHIP RLY DESCRIBEDA FOLLOWSANGE 30 WEST, C MMEGTON FROM TIHESO THE TCORNOR OF THES UTHEAST DUARTDASF SE TIO.TINWIT 32 COMMENCING CEN03HESOUTHEAST CORNEROFTHESOUTHEASTQUARTER OF SECTION32 RUINING THENCE NB. AND RUNNING T49 11', THENCE THE J29 BO AND 14 COURSES 2468 18' TO THE TRUE POINTOE 20BEGINNING5- -41THENCETHEFOLLOWING 12COURSES'S53-0J330593'. S61-42'201M305 TO'. 565`4005'W 41BB1'. SB6'12'19W 61 643564.1239'W 28406 353.40'J 6 15023', 369°4312E✓11596',STT`244'E266936'.ND S0211W W15'. 5f TOT EP33901', FIE —'OS G3B4 T3'. CGN N T22B' ACRES MORE LAND 502`3638'W 1515Y TO THE POINTOF BEGINNING CONTAINING 16 )T ACRES. IAORE OR LESS aexcarTx.ahva9a errEa R OF THE SOUTHEASTOF 1N 90UTIIFA5Td TETFAIi0AFNR7W FAFE TN MYW IW SOUTHEASTQUARTER AND APART OF TILE SWIWW OVAL MM Oi Be M NFTDp 3f GtTAw?EB M THE SECTION J2 AND APART OF THEWEST HALF OF THE SOUTHWEST QUARTER AND A PARTOF THE SOUTHWEST OUARTER OF THE NORTHWEST QUARTER OF SECTION 33. TOWNSHIP 11 NORTH. RANGE NOT'26 2TW )05 6D', NO2'3133-E )3196', N12"21'2B V/ 456 )3', NBT'14'a6W 1142 02', NO3'19'O5W 2)3 49'. N56"121I'E 339 01'. NB2.0311'E 216 93'. 65-4 '59'E 360 36', BI-42 21'E 11596', N53'40'33'E 150 23'. S-3639'E 2B406. NO6` N-161B9', 32980-TOT91BOl',TOFB GIN BEGINNING MORE'ORL 246E 10'AND NB6'11'43W 329 BO'TO THE POINT OF BEGINNING CONTAINING ]2I2 ACRES, IAORE OR LESS TRACT A fxt 7'YayIGARFw A PART OF THE SOUTHEAST OUARTER OF SECTION 32 TOWNSHIP 17NORTH, RANGE 30 WEST, WASHING TON COUNTY,—ANSAS. BEING MOREPARTICULARLY DESCRIBED AS FOLLOWS TO -WIT BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER AND FUNNING THENCETHE )5 21-AND S03`11'S1-W 749 1"TO THE POINT OF BEGINNING CONTAINING 1419 ACRES MOREOR LESS 7Y.tpl A.I!§!WF'Yw 14 T9 Acros x TRACT 3 NC ZOIIING "orA i iF CYWTLFR SEC PON 32 my RZN 16-5442 RAZORBACK GOLF COURSE Close Up View CRYSTAL DR z p Q TJGEF W I'• I oc } a a Y V VE ST 0 u1 o QUAIL DR iJ Legend Planning Area � 1 Fayetteville City Limits T ° Trail (Proposed) I Design Overlay District Building Footprint w 0 Subject Property IY z 0 E 0 a 1n w z a w M-No n PURPLE PHLOX L r0 1 -7 0.A CRANE CT CPI E) -o � � C P1 ¢:tiil PRIVATE 258�0( ix Ir COYOTE— a. a � 1 LORI DR d LU w re ru EMII: DR z J w PRIVATE 2592 a a Feet 0 220 440 880 1,320 1,760 1 inch = 600 feet !2MI -2J MOORE LN C-2 Resid ential-Agricu Ilu ral RSF-1 RSF-4 RT-12 Residential Two and Three-family RMF-24 1-1 Heavy Commercial and Light Industrial C-2 Commercial, Industrial, Residential P-1 RZN 16-5442 RAZORBACK GOLF COURSE One Mile View NORTH 0 0.125 0.25 0.5 Miles BARITE DR RSF-S> a r. y A C. 0 AUAR DR s+ Subject Property CRYSTAL DN o 2 V x �•:'%D o D p TIGFRYE DR LA SS FM t'-r r�YY { +-FR qMm 'v f RSF4 3 SF-1 r 1 {t •a;,vXrE �4rr R:N F�I4 -9 .Aelt. C} QUAIL DR uu WCWE.. ,TUvE ST QQ R-A lc DOVE DR Ti3ORWE ie T URtiSYiS Sr - s v,"EaDlTvrL.:NN •.. Alvuu,�s�ilii}t5 ,� �, s. re n 2on1°B EXTRACTION Legend _ RESIDENTIAL SINGLE-FAMILY I)ret s'?'Reaee-Fgrcwwal COMMERCIAL i_ _ _ _ _I • ! RSF. 5nlia FCBce Planning Area RSF, c°zee°I,a R F.2 ' — — RSF. �C3 L — — Fayetteville City Limits - RSF.7 FORM BASED DISTRICTS 9 �D° RSF1B �UNanIlrollaugNare ..... Shared Use Paved Trail RESIDENTIAL MULTI-FAMILYe Ma ART-t2 R veenliali..°ane Tare 1i 1V �D° Trail (Proposed) RMFB ®N°se"` RMF-t2 egly°IM1°°tl Selnces R ':Ffi RMF tB '1M�annw Ga4er.Mre Design District - ---- RMF2E PLANNED ZONING DISTRICTS L__—• g y i Planning Area ---- - - '>3UMFm cc�nrrw.>dwr.,l..rw„ „ I r, „ INDUSTRIAL Building Footprint M INSTITUTIONAL Fayetteville City Limits a Y� wae; laetl BMlne�lnal RZN 16-5442 RAZORBACK GOLF COURSE A& Current Land Use NORTH � r e as ��p it r single Family .; V' r f�rfrrf Subject Property �� fr e'. a a'✓ •� Holcomb 0 Elementrary I � , Ilw- W� , ass►►* —�,_ I • r A 1 Zti��t � �...s� V r � '� . �_ xi � Single fY•ILO LO% Family y a C FIA�N CT I- ^ • �f r°x 4 _ �y��:,��r r i3 �}� [k - s;' fit' , 94 14. IV ��p- Undeveloped �` .' Multi iuj F'�y `., Family ()yOiE TR! Q 4. MOOR r M s IX 14 • .. a '— LU VIL OR ssa a � t � Alz b KFTo r a w ,.4Mobile Home Park t jr�ingleily Family 71 A R f w N , j �� "` .'�'0 4 ��5 ', � _} � �.. f•� . ''i'i • - _' � .�7' Legend Streets Planned MSP Class COLLECTOR Streets Existing MSP Class COLLECTOR Feet �FRE—YIEXPRESS- -OR ARTERIAL Gtowd AtlW—Y"1 0 220 440 880 1,320 1,760 7 A [ na�I ,P�nPo�na �RZN165d42 Planning Ama 4 � � Fayellevllle Clly Llmlls RZN 16-5442 RAZORBACK GOLF COURSE Future Land Use o p Subject Property CRYSTAL DR I.IJ w VANIK { - --- 2 1j w rrG�° rE n. -10e j 0 w CO 1�9E ST N U QUAIL DR D Legend Planning Area � 1 ' Fayetteville City Limits L__� Trail (Proposed) Design Overlay District Building Footprint U) w NORTH N$ 1 CURPLE PHLOX ^L� CRANE CT V 77�c'1�� PRi3lATE $� TRL Q4 M C 70RI tD{- a z Q w a w EMILDID ui PRIVATE 2592 Feet 0 220 440 880 1,320 1,760 1 inch = 600 feet MOORE LN r i� i i� r` FUTURE LAND USE 2030 Natural Area Residential Neighborhood Area City Neighborhood Area Civic and Private Open Space/Parks Civic Institutional DEPARTMENTAL. CORRESPONDENCE OFFICE OF THE 1,"rry ATTORNEY TO: Mayor Jordan City Council CC: Andrew Garner, Planning Director Harris Davis, Planner -Current Planning FROM: Kit Williams, City Attorney DATE: July 8, 2016 RE: Razorback Golf Course Proposed Rezoning (Sequel) Kit Williams City Attorney Blake Pettriingtoti Assistanf CityAttgnIc,1, Patti Mulford paralegal I am relieved to inform the City Council that you have your usual broad discretion to determine whether or not it is in the best interests of Fayetteville to approve the rezoning requested by the owner of the former Razorback Golf Course. I see no constitutional or legal issues that would hamper or limit your discretion in this case. Whatever your decision will be, it will be granted great deference by the Courts and cannot be overturned without proof of arbitrary, capricious or unreasonable action. As most of you will remember, the owner of the Razorback Golf Course sought to rezone his property a few months ago. Just like in the current, revised rezoning request, the Planning Department had recommended approval and the Planning Commission followed that recommendation (except for the multi- family portion of the request). The City Council, however, listened to the very significant neighborhood opposition based primarily on the requested density and that impact on Deane Solomon Road and unanimously denied the Razorback Golf Course rezoning on March 1, 2016. The revised rezoning application omitted about 29 acres north of the creek (closest to the neighborhoods adjoining the former golf course along its norther border). That area might not be developed (with a connection to Topaz Drive and/or Nevermore Lane) until the southern 87.5 acres of high density residential is developed. Because the density that the first proposed rezoning would have allowed was a major concern for the neighbors and City Council, I thought you should understand how much increased density this applicant is requesting. The Planning Department's City Council Agenda Memo does not report how much of the 99 acre parcel is currently zoned RSF-1, Residential Single Family, one unit per acre or R-A, Residential Agricultural, one unit per two acres. However, the map on page 23 of the Planner's Memo (also attached here) shows a single, fairly small strip of Residential Single Family, 4 units per acre zoning running along Deane Solomon Road with the vast majority of the property currently zoned Residential Single Family, 1 unit per acre of Residential Agricultural, 1 unit per two acres. The total allowed residential density for the developable land within the 99 acre parcel would likely be under 150 houses. The 87.5 acres of requested Neighborhood Conservation and Neighborhood Services would allow a density of 875 houses (with duplexes and triplexes in the bottom 15 acres). This is almost six times the currently allowed density. The previous rezoning request which was unanimously rejected by the City Council because of density and traffic concerns was limited to 730 residential units by its Bill of Assurance. This newly proposed rezoning would actually authorize 145 more residential units than the one rejected by the City Council in March of this year. Despite allowing more housing units, apartment complexes would not be authorized by this newly proposed rezoning. Even rezoning this 87.5 acres to Residential Single Family, 4 units per acre (which is the predominant zoning west of Deane Solomon Road adjoining this property) would more than double the currently authorized density of this 99 acre parcel to about 350 homes. Such rezoning would appear to make development economically feasible for the property owner. Of course, the property owner could do as before and offer a Bill of Assurance for maximum residential density. But as the proposed rezoning now is presented, the City Council should understand that granting the rezoning is authorizing the construction of 875 housing units (homes, duplexes and triplexes). For your decision whether or not to rezone, you may not rely upon any statements of intent by the property owner. You may only rely upon a signed Bill of Assurance if one is offered. The last discussion about rezoning the Razorback Golf Course land involved substantial concerns about flooding. Although traffic and limited roads have been acknowledged by the Arkansas Supreme Court as legitimate rezoning concerns, I have found no zoning case in which zoning was denied for possible flooding or drainage issues. The City has extensive regulations concerning flooding and drainage that are implemented during actual development. Flooding and drainage problems, floodplain issues and low impact development are development concerns and should not be a major (if any) factor in a rezoning discussion. (It is possible that a potential increased flooding danger might be recognized by the Supreme Court as a legitimate zoning consideration in the future.) Please apply any or all of the zoning considerations that have been sanctioned by A.C.A. § 14-56-403 Purpose of plans or Arkansas Supreme Court decisions. Another summary of these recognized zoning considerations is below. Factors that may be considered in rezoning issues: 1. Compatibility with adjacent zones 2. Public opposition that is logical and reasonable 3. Traffic 4. Safety and Fire protection 5. Good civic design and efficiency 6. Adequacy of public facilities (sewage, water) 7. Noise 8. Litter 9. Decrease in value of adjoining land 10. Appropriate and best use of land 11. 2030 Plan objectives RZN 16-5442 Close Up View CRYSTAL DR z tit IU IL i a I 4 U, z J Q � U UJ 4E ST Iu RAZORBACK GOLF COURSE NORTH Subject Property��{ VANIN a J C V7 W z W RSF-1 R-r1 CRANE CT QUAIL DR r Legend ' Planning Area Fayetteville City Limits Trail (Proposed) _ Design Overlay District Building Footprint PURPLE PHLOX 10 r.A 4 PZD ey; vp [ Zfi^�1 h PRIvArE 25I3I r w 2 a I= TIdL qa a LORI DR its a� ire EMII"oR 1 PRIVATE 2692 Q Feet 0 220 440 880 1,320 1,760 1 inch = 600 feet HNIF-24 MOM: LN C-2 a� R esld a nllal-Agricultural RSF-1 RSFA4 RT-12 Residential Two and Three -Family RMF-24 1-1 Heavy Commercial and Light Industrial 62 M Commercial, Industrial, Residential P-1 Branson, Lisa From: Branson, Lisa Sent: Tuesday, July 19, 2016 12:43 PM To: 'Alan Long (Longward4@gmail.com)'; 'bpennington@fayetteville-ar.gov'; 'citycouncil@matthewpetty.org'; 'dmarr@fayetteville-ar.gov'; 'geads@fayetteville- ar.gov'; 'groberts@fayetteville-ar.gov'; 'kjohnson@fayetteville-ar.gov'; 'kwilliams@fayetteville-ar.gov'; 'Ibranson@fayetteville-ar.gov'; 'Ibroyles@fayetteville- ar.gov'; 'Ijordan@fayetteville-ar.gov'; Mulford, Patti; Norton, Susan; Pate, Jeremy; Smith, Lorinda; 'ssmith@fayetteville-ar.gov'; 'wardl_poll@fayetteville-ar.gov'; 'wardl_pos2 @fayetteville-ar.gov'; 'ward2_posl@fayetteville-ar.gov'; 'ward3_posl@fayetteville- ar.gov'; 'ward3_pos2@fayetteville-ar.gov'; 'ward4_posl@fayetteville-ar.gov'; 'ward4 _post @fayettevi I le-ar.gov' Subject: FW: RZN 16-5442 (Razorback Golf Course Rezoning) Tracking: Recipient Read 'Alan Long (Longward4@gmail.comp 'bpennington@fayetteville-argov' 'citycouncil@matthewpetty.org' 'dmarr@ fayet tevi I I e-a r.g ov' 'geads@fayetteville-ar.gov' 'groberts@fayetteville-ar.gov' 'kjohnson@fayetteville-argov' 'kwilliams@fayetteville-ar.gov' 'Ibranson@fayetteville-ar.gov' 'Ibroyles@fayetteville-argov' 'Ijordan@fayetteville-ar.gov' Mulford, Patti Norton, Susan Read: 7/19/2016 12:43 PM Pate, Jeremy Smith, Lorinda 's s m i th @fayetteville-a r. g ov' 'wardl_posl@fayetteville-argov' 'wardl-post@fayetteville-argov' 'ward 2-posl@fayettevi I le-argov' 'ward3_posl@fayetteville-ar.gov' 'ward3_pos2@fayetteville-ar.gov' 'ward4_posl@fayettevi Ile-argov' 'ward4_pos2@fayetteville-ar.gov' Please see email below regarding Razorback Golf Course. From: Zack Hulett [mailto:zhulett(A- inail.com] Sent: Tuesday, July 19, 2016 9:51 AM To: Gray, Adella <wardl post@favettevllle-ar.Rov>; Marsh, Sarah <wardl past@favetteville-ar.gov>; Kinion, Mark <ward2 posl@fayar.onmicrosoft corn>; Matthew Petty <citycouncil@-mattheewpettv.or >; Tennant, Justin <ward3 posl@fayar.onmicrosoft coat>; Schoppmeyer, Martin <ward3 pos2@fayar.onmicrosoft.coni>; La Tour, John <ward4 post@favetteville-ar.gov>; longward4 gmail.com; Mayor <Mavor@favetteville-ar.gov>; Marr, Don <dmarr@favetteville-ar.gov>; City_Attorney <city attornev@favettevllle-ar.gov>; Garner, Andrew <agarner _favetteville-ar.gov>; Davis, Harry <hdavis@fayetteville-ar.gov> Subject: RZN 16-5442 (Razorback Golf Course Rezoning) Dear Mayor Jordan and City Council Members, My name is Zachary Hulett (address 2570 W. Vanike, Fayetteville, AR 72704) and I'm writing on behalf of myself, my wife Stephanie Hulett, and unborn child (due Dec. 12 of this year!). My wife and I attended and spoke at a number of City Council meetings regarding the rezoning of the Razorback golf course as proposed by Lindsey Property Management, and we celebrated the unanimous vote against that proposal. We felt that The Council heard our concerns and acted in the best interest of the community in the areas of public safety, environmental impact, and current infrastructure capabilities. Unfortunately, we will not be able to attend the meeting tonight (7/19), but we wanted to join our voices with that of John Scott Bull as we share similar concerns with the new proposal that will be discussed this evening. As it is written, this rezoning proposal represents a potential situation that could result in developments to the area that would be far worse for the community than what was unanimously voted down before. We will not belabor these points as they were discussed extensively before, but our viewpoint has not changed between before and now. We would like to make it clear that we are for the development of this golf course, and we see the value in having a wide range of housing options in the name of diversity and community. We LOVE the idea of having some small businesses (neighborhood services like restaurants/cafes, small shops, etc.) in the area to encourage collaboration with our neighbors and give destinations to walk to as this area currently has none. It is for these reasons that we ask that you vote NO for the rezoning proposal unless presented with some form of letter of assurance that the are will be developed responsibly and in the best interest of our community. Thank you, Zack, Stephanie, and baby Hulett Branson, Lisa From: Branson, Lisa Sent: Tuesday, July 19, 2016 12:43 PM To: Alan Long (Longward4@gmail.com); Pennington, Blake; citycouncil@matthewpetty.org; Marr, Don; Eads, Gail; Roberts, Gina; Johnson, Kimberly; Williams, Kit; Branson, Lisa; Broyles, Lana; Jordan, Lioneld; Mulford, Patti; Norton, Susan; Pate, Jeremy; Smith, Lorinda; Smith, Sondra; Gray, Adella; Marsh, Sarah; Kinion, Mark; Tennant, Justin; Schoppmeyer, Martin; La Tour, John; Long, Alan Subject: FW: Razorback golf course re -zone Please see email below regarding Razorback Golf Course. -----Original Message ----- From: Carly Grace [mailto:carly.grace@gmail.comj Sent: Tuesday, July 19, 2016 9:54 AM Subject: Razorback golf course re -zone Hello, I'm writing to document my opposition to the proposed re -zoning. Mr. Bauer's plan is great, but if it falls through (as plans do), the property would be vulnerable to an even higher density than the Lindsey development that we (and you by vote) already opposed. I know you cannot demand a bill of assurance, but without one I certainly hope that you will vote no for this re -zoning. This is a huge piece of property. Im sure you understand that patience is important when considering changing such a large parcel! Please hold strong for Fayetteville. Carly Grace Ward 4 resident 3069 N Night Heron Drive Fayetteville, AR 72704 Branson, Lisa From: CityClerk Sent: Wednesday, July 20, 2016 2:14 PM To: Alan Long (Longward4@gmail.com); Pennington, Blake; citycouncil@matthewpetty.org; Marr, Don; Eads, Gail; Roberts, Gina; Johnson, Kimberly; Williams, Kit; Branson, Lisa; Broyles, Lana; Jordan, Lioneld; Mulford, Patti; Norton, Susan; Pate, Jeremy; Smith, Lorinda; Smith, Sondra; Gray, Adella; Marsh, Sarah; Kinion, Mark; Tennant, Justin; Schoppmeyer, Martin; La Tour, John; Long, Alan Subject: FW: Rezoning Razorback Golf Course Opposition Subject: Rezoning Razorback Golf Course Opposition Good afternoon, I cannot attend tonight's meeting so I will be unable to speak regarding the rezoning of the former Razorback Golf Course. I can support the current applicant's plan as he only wants to put 234 total units on the property. However, it would be irresponsible to support this rezoning. According to the city attorney, the NC/NS zoning on this property would allow for 145 more units than Lindsey's plan did. as you know, that plan was unanimously voted against because of the poor infrastructure, flooding, traffic, safety and wildlife concerns raised by the community members. All of these issues remain the same, except this rezoning allows for even more to be built. Without major infrastructure commitments by the city for new roads, drainage, wildlife conservation, etc., I see no way in which we, as citizens, or you, as our representative, could be for this proposal to rezone the property. Please vote no on this rezoning measure. Thank you for your time. Spencer Smith .DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Andrew Garner, Planning Director FROM: Kit Williams, City Attorney DATE: September 7, 2016 Kit Williams City Attorney Blake Pennington Assislant Cihy Attorney Patti Mulford Paralegal RE: Ordinance reflecting submitted Bill of Assurance from Ron Caviness Assuming that Mr. Caviness is a proper rezoning applicant with authority to submit the Bill of Assurance he apparently signed on August 25, 2016 (that I first received September 6, 2016), I have redrafted the rezoning ordinance (attached) acknowledging this Bill of Assurance. There may be some question about Mr. Caviness' ownership rights or authority to bind the property owner which need to be answered before I can state that the Bill of Assurance is valid and will bind the property owner. In addition, Mr. Caviness will need to confirm that his Bill of Assurance is intended to limit all of his land within both the Neighborhood Conservation and Neighborhood Services districts to a total of 400 single family houses. I believe this is Mr. Caviness' intent, but it is not crystal clear so he needs to clearly state that this 400 house limit will be for all structures that can be built on all of his land (except for the Residential Agricultural property and the northern section north of the creek which is not part of this requested rezoning). Mr. Caviness, of course, needs to provide proof that, if he is not the legal owner of the property, that he has documented proof that he has the legal authority to bind such legal owner by his offer of the Bill of Assurance. ORDINANCE NO. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5442 FOR APPROXIMATELY 99.10 ACRES LOCATED AT 2514 WEST LORI ROAD FROM R-A, RESIDENTIAL AGRICULTURAL; RSF-1, RESIDENTIAL SINGLE FAMILY, ONE UNIT PER ACRE AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION; R-A, RESIDENTIAL AGRICULTURAL AND NS, NEIGHBORHOOD SERVICES SUBJECT TO THE 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 R-A, Residential Agricultural; RSF-1, Residential Single Family, One Unit Per Acre and RSF-4, Residential Single Family, 4 Units Per Acre to NC, Neighborhood Conservation; R-A, Residential Agricultural and NS, Neighborhood Services; subject to a Bill of Assurance the area sought to be rezoned Neighborhood Conservation and Neighborhood Services shall be restricted to a maximum of 400 single family homes. 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 this 20°i day of September, 2016. APPROVED: By: LIONELD JORDAN, Mayor ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer NORTHWESTARKAws "W,*& -6 Democrat AFFIDAVIT OF PUBLICATION I 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 Ord. 5909 Was inserted in the Regular Edition on: October 13, 2016 Publication Charges $ 89.70 Karen taler Subscribed and sworn to before me This 2s"day of (aj-, 2016. Notary Public �, f My Commission Expires: ........... CATI- Y 1V,11LES Arkansas - B rlton coun,y Notary Public - Con' n>i 123�i`l i 13 I, my commission E;;�Iras Feb 20, 2024 ,. *NOTE* *J� r Please do not pay from Affidavit. Invoice will be sent. RECEIVED OCT 2 9 2016 CITY CLAWS OFFICIf Ordinance: 5909 File Number: 2016-0328 RZN 16-5442 (2514 W. LORI RD./RAZORBACK GOLF COURSE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5442 FOR APPROXIMATELY 99.10 ACRES LOCATED AT 2514 WEST LORI ROAD FROM R-A, RESIDENTIAL AGRICULTURAL. RSF-1, RESIDENTIAL SINGLE FAMILY, ONE UNIT PER ACRE AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION; R-A, RESIDENTIAL AGRICULTURAL AND NS, NEIGHBORHOOD SERVICES SUBJECT TO THE ATTACHED 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 R-A, Residential Agricultural; RSF-I, Residential Single Family, One Unit Per Acre and RSF-4, Residential Single Family, 4 Units Per Acre to NC, Neighborhood Conservation; R-A, Residential Agricultural and NS, Neighborhood Services subject to the attached Bill of Assurance. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 10/4/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73886767 Oct. 13, 2016