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HomeMy WebLinkAboutORDINANCE 5924113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5924 File Number: 2016-0494 IIIII IIII III I III I I III I I I I III I IIII II IIII II Doc ID: 017166560006 Type: REL Kind: ORDINANCE Recorded: 11/21/2016 at 09:49:29 AM Fee Amt: $40.00 Pape 1 of 6 Washington County, AR Kyle Sylvester Circuit Clerk File2016-00034465 AMENDMENT TO A BILL OF ASSURANCE (NE CORNER OF MORNINGSIDE & 15TH ST./ RAUSCH COLEMAN): AN ORDINANCE TO AMEND ORDINANCE NO. 5897 BY MODIFYING THE BILL OF ASSURANCE TO PERMIT THE REALIGNMENT OF A PROTECTED STREAM. WHEREAS, Ordinance No. 5897 was passed on August 16, 2016, in reliance upon and subject to the offered Bill of Assurance which provided for the protection and enhancement of two stream channels, including a 60-foot streamside protection zone centered on each stream channel; and WHEREAS, the owner/developer wishes to realign a portion of the westernmost stream. NOW, THEREFORE 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 amends Ordinance No. 5897 by modifying the Bill of Assurance, attached to the Planning Department's Agenda Memo as Exhibit A, only to the extent that the owner/developer may realign a portion of the westernmost stream in accordance with the letters, maps, and drawings attached to the Planning Department's Agenda Memo as Exhibit B. All other terms and conditions of the Bill of Assurance and Ordinance No. 5897, including the 60-foot streamside protection zone centered on the westernmost stream channel as realigned, remain in full force and effect. PASSED and APPROVED on 11/1/2016 Page 1 Printed on 11/2/16 Ordinance: 5924 File Number- 2016-0494 Attest: a rrrr►t►►► Sondra E. Smith, City Clerk Tr%%fir =t�; FAYE7EViLLE • — T ON Page 2 Printed on 1112116 2016-0494 EXHIBIT'A' BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS in order to attempt to obtain approval of a request for a zoning reclassification, th o er, developer, o buyer f this proper , (hereinafter "Petitioner") r'1 1' hereby voluntarily offers this Bill of Assurance and enters into " binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of .Assurance in the Chancery/ Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to The uses permitted within the requested Neighborhood Conservation zone, with the exception that the stream channels on the property will be enhanced and preserved, as described in the attached letter and exhibits. 2. Other restrictions including number and type of structures upon the property are limited to Once the western stream channel has been realigned in conformance with Anny Corp of Engineers regulations and as described in the attached letter, a 60' Streamside Protection Zone shall be centered on each stream channel and recorded with time final plat(s) of the subdivision 7be easamont and channels shall tl;crcaRcr be regulated according to the sin ndards off 68.12 Streamside Protection Zones, 3. Specific activities will not be allowed upon petitioner's property include 4. (Any other terms or conditions) k > a 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. I•N WITNESS WHEREOF and in agreement with all t e terms a d conditions stated above, 1, LeAs as the owner, developer -or buyer (Petitioner) voM ntarily offer at such assurances and sign my name below. !7,� I } Date Printed Nar Addre � Signature NOTARYOATH STATE OF ARKANSAS } COUNTY OF WASHINGTON .And now on this the ! day of 20d� appeared before me, ��. E.. • and after being placed upon his/her oa swore or affirmed that he/she agreed with t f the above Bill of Assurance and signed h' /her name above. ANN ki. H 81H Nototy PublIG•Arkunsd8 Bentmy Comtralss on4Exppes ©5.2"i-201 9 cotraMI Ion R i 2s� i 4 y OTARY il LIC My 0men 2016-0494 EXHIBIT B Mayor and City Council RE: Huntsville Road Bill of Assurance Ordinance No. 5897 October 13, 2016 Please accept this request to be placed on the agenda for the November 1, 2016 City Council meeting. The intent of this request is for an amendment to the Bill of Assurance that was submitted and approved with Ordinance No. 5897, for approximately 36 acres located at the northeast corner of Morningside and 15th Street. In the Bill of Assurance, Rausch Coleman Homes made a commitment to protect and preserve two stream channels on the subject property. Since the meeting in August, our engineers have developed a comprehensive development plan for the overall 68-acre property, and through this exercise we have preserved all of the waterways on the property, with the exception of one small section. The areas preserved include the pond and pools on the north end of the property. The channel that exits the farm pond at the southwest corner runs directly adjacent to an old fence -row and makes two 90 degree turns before it enters a culvert that runs under 15th Street. Based on the pattern of the channel, the location adjacent to a fence row, and some indications from historic aerial photographs, we have concluded that this channel was hand -dug in order to maximum the land that could be farmed. Regardless, however, this drainage channel provides a positive environmental benefit. Additionally, this small channel continues south where it eventually connects to the Town Branch Creek and then the West Fork of the White River, making it a jurisdictional waterway, regulated by the Army Corp of Engineers. The challenge we are facing is not the fact that the channel exists, but rather the two 90-degree bends that were created. As the volume of water increases through this channel, which will occur as part of the overall drainage plan for the project, the water will not be able to remain within the banks as it approaches these two 90 degree turns. Our proposal and the reason for this request is to straighten out this channel, so that drainage will stay within the banks and continue through the existing culvert and on to the West Fork of the White River. In addition to our engineering team, we have a Soil Scientist that conducted a wetland study, and we've meet on several occasions with Scott Kelly from the US Army Corp of Engineers. Our soil scientist will be designing a new stream corridor (something like a streambank restoration project), that will include new vegetation, pools and riffles, so the channel will function more like a stream than a hand -dug channel. The Corp Office has evaluated our preliminary proposal and approval appears likely as long as there is no net loss of stream and the overall project improves the quality of the stream channel. This project will modify approximately 300 feet of the existing channel, but the end result will be an improved water system that will also convey water within the banks. Regards, 0- jt-�-- Jesse Fulcher Director of Land Planning Rausch Coleman Homes Washington County, AR I certify this instrument was filed on 11 /21 /2016 09:49:29 AM and recorded in Real Estate File Number 6-0 034465 Kyle Sylves r- it it eric by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 'r Text File File Number: 2016-0494 Agenda Date: 11/1/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 3 AMENDMENT TO A BILL OF ASSURANCE (NE CORNER OF MORNINGSIDE & 15TH STJRAUSCH COLEMAN): AN ORDINANCE TO AMEND ORDINANCE NO. 5897 BY MODIFYING THE BILL OF ASSURANCE TO PERMIT THE REALIGNMENT OF A PROTECTED STREAM WHEREAS, Ordinance No. 5897 was passed on August 16, 2016, in reliance upon and subject to the offered Bill of Assurance which provided for the protection and enhancement of two stream channels, including a 60-foot streamside protection zone centered on each stream channel; and WHEREAS, the owner/developer wishes to realign a portion of the westernmost stream. NOW, THEREFORE 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 amends Ordinance No. 5897 by modifying the Bill of Assurance, attached to the Planning Department's Agenda Memo as Exhibit A, only to the extent that the owner/developer may realign a portion of the westernmost stream in accordance with the letters, maps, and drawings attached to the Planning Department's Agenda Memo as Exhibit B. All other terms and conditions of the Bill of Assurance and Ordinance No. 5897, including the 60-foot streamside protection zone centered on the westernmost stream channel as realigned, remain in full force and effect. City of Fayetteville, Arkansas Page 1 Printed on 11/2/2016 City of Fayetteville Staff Review Form 2016-0494 Legistar File ID 11/1/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 10/14/2016 City Planning / Development Services Department Submitted By Submitted Date Action Recommendation: Division / Department Amendment to a Bill of Assurance: (NE CORNER OF MORNINGSIDE & 15TH ST./RAUSCH COLEMAN 564): Submitted by RAUSCH-COLEMAN, INC. for property at the NE CORNER OF MORNINGSIDE & 15TH ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION, subject to a Bill of Assurance. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution 4 Original Contract Number: Approval Date; Comments: CITY OF r � � e CITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF NOVEMBER 1, 2016 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Planner DATE: October 14, 2016 SUBJECT: Amendment to a Bill of Assurance: (NE CORNER OF MORNINGSIDE & 15TH ST./RAUSCH COLEMAN 564): Submitted by RAUSCH- COLEMAN, INC. for property at the NE CORNER OF MORNINGSIDE & 15TH ST_ The property is zoned NC, NEIGHBORHOOD CONSERVATION, subject to a Bill of Assurance. RECOMMENDATION: Planning staff recommend approval of an ordinance to amend the existing Bill of Assurance as described by exhibits A and B. BACKGROUND: On August 16, 2016 the City Council approved rezoning this property from RSF-4 to NC, subject to a Bill of Assurance, with a recommendation for approval by a vote of 6-0-0. - The subject property is a 36 acre parcel located on the northeast corner of Morningside Drive and 15th Street. A small portion of the parcel extends to the south side of 15th Street. The property is undeveloped pasture, and remains in agricultural use. The parcel contains some flood plain, and a string of ponds that become a protected stream immediately to the south. These valuable natural resources are classified as 'Natural Area' on the 2030 Future Land Use Plan, and were protected from development according to the terms of a Bill of Assurance. Request: The request is to amend the approved Bill of Assurance, as shown in the attached Exhibits 'A' and '13% in order to allow the applicant to re -align the existing protected drainage. The proposed zoning, as limited by the proposed Bill of Assurance, is also consistent with that portion of the property designated as Natural Area. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B ■ Ordinance 5897 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 2016-0494 EXHIBIT'A' BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, o buyer f this proper , (hereinafter "Petitioner") tit` -U� �' hereby voluntarily offers this Bill of Assurance and enters into thd binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Chancery/ Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 2. The use of Petitioner's property shall be limited to The uses permitted within the requested Neighborhood Conservation zone, with the exception that the stream channels on the property will be enhanced and preserved, as described in the attached letter and exhibits- 2. Other restrictions including number and type of structures upon the property are limited to Once the western stream channel has been realigned in conformance with Army Corp of Engineer's regulations and as described in the attached letter, a 60' Strcamside Protection Zone shall be centered on each stream channel and recorded with the final plat(s) of the subdivision The casement and channels shail thereafter be regulated according to the standards of 168,12 Slreamsidc Protection Zones 3. Specific activities will not be allowed upon petitioner's 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 Petitioner's property. IN WITNESS WHEREO • and in grewith all the terms as d conditions stated above, I, 1 ? �",canent x as the owner, developer -or buyer (Petitioner) vo nh assurances and sign my name below. Date Printed Nardi ,� Addres u4Al �-µ Signature NOTARY OATH STATE OF ARKANSAS } COUNTY OF WASHINGTON ) And now on this the 19 day of 200�, appeared before me, Lt Lt-lr 1� L and after being placed upon his/her oa swore or affirmed that he/she agreed with t f the above Bill of Assurance and signed hhs/her name above. Notary Pt bMC-Atkonsos ' A7y Camml$ on0nfQExplar�s 05 29 2Q i 9 'l C?TARY P I.IC otnn115sYQ{l A l 23 7 k 4 1 2 My OM 2016-0494 EXHIBIT B Mayor and City Council RE: Huntsville Road Bill of Assurance Ordinance No. 5897 October 13, 2016 Please accept this request to be placed on the agenda for the November 1, 2016 City Council meeting. The intent of this request is for an amendment to the Bill of Assurance that was submitted and approved with Ordinance No. 5897, for approximately 36 acres located at the northeast corner of Morningside and 15th Street. In the Bill of Assurance, Rausch Coleman Homes made a commitment to protect and preserve two stream channels on the subject property. Since the meeting in August, our engineers have developed a comprehensive development plan for the overall 68-acre property, and through this exercise we have preserved all of the waterways on the property, with the exception of one small section. The areas preserved include the pond and pools on the north end of the property. The channel that exits the farm pond at the southwest corner runs directly adjacent to an old fence -row and makes two 90 degree turns before it enters a culvert that runs under 15th Street. Based on the pattern of the channel, the location adjacent to a fence row, and some indications from historic aerial photographs, we have concluded that this channel was hand -dug in order to maximum the land that could be farmed. Regardless, however, this drainage channel provides a positive environmental benefit. Additionally, this small channel continues south where it eventually connects to the Town Branch Creek and then the West Fork of the White River, making it a jurisdictional waterway, regulated by the Army Corp of Engineers. The challenge we are facing is not the fact that the channel exists, but rather the two 90-degree bends that were created. As the volume of water increases through this channel, which will occur as part of the overall drainage plan for the project, the water will not be able to remain within the banks as it approaches these two 90 degree turns. Our proposal and the reason for this request is to straighten out this channel, so that drainage will stay within the banks and continue through the existing culvert and on to the West Fork of the White River. In addition to our engineering team, we have a Soil Scientist that conducted a wetland study, and we've meet on several occasions with Scott Kelly from the US Army Corp of Engineers. Our soil scientist will be designing a new stream corridor (something like a streambank restoration project), that will include new vegetation, pools and riffles, so the channel will function more like a stream than a hand -dug channel. The Corp Office has evaluated our preliminary proposal and approval appears likely as long as there is no net loss of stream and the overall project improves the quality of the stream channel. This project will modify approximately 300 feet of the existing channel, but the end result will be an improved water system that will also convey water within the banks. Regards, Jesse Fulcher Director of Land Planning Rausch Coleman Homes Herron Soil Interpretations, LLC October 17, 2016 City of Fayetteville Post Office Box 1086 Phone 479.267.3991 Farmington, Arkansas 72730 Fax 479.267.0079 RE: Huntsville/Morningside Rd Proposed Development, Fayetteville To Whom It May Concern, We are an environmental consulting firm, contracted with Rausch Coleman to conduct wetland delineations based on the US Army Corps of Engineers (USACE) guidelines. In conducting the wetland delineation on the subject property, we determined that the intermittent stream on the west side of the property, and planned to be preserved as part of a conservation area, requires redesigning in order to properly transmit water during heavy rainfall periods. In its current state, during flood events the stream will overflow its banks. If left in this condition, there is the potential for the stream to erode the adjacent soil and flood adjacent properties. We have met with Scott Kelly with USACE to discuss this concept. He verbally supported our plan and has indicated that he will approve a design that improves the stream and adjacent vegetation. We are proposing to deepen and widen the stream, and increase its length by expanding its meanders. As part of the design, we will add riffle pools to slow flow, and establish and maintain for five years suitable vegetation adjacent to the stream. Sincerely, Sheri Herron Principal Soil Scientist Arkansas Registered Soil Classifiers * ARCPACS Certified Soil Scientists Channel Depth Approximately 12 Inches Channel Width Approximately 15 Inches �. i Fence Row- Channel Within Vegetation. �x Aerial of Channel with Realignment y i, - 6.048 -94,142 Degrees RZN 16-5483 EXHIBIT FOR BILL OF ASSURANCE FIN RSF-8 C-1 ` ® c�rarrr,a z R 56 �1 ty �gXApl S'�y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 5897 File Number: 2016-0367 RZN 16-5483: (NE CORNER OF MORNINGSIDE & 15TH ST./RAUSCH COLEMAN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5483 FOR APPROXIMATELY 36 ACRES LOCATED AT THE NORTHEAST CORNER OF MORNINGSIDE AND FIFTEENTH STREET FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION, SUBJECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to NC, Neighborhood Conservation, subject to a Bill of Assurance (Exhibit C to the Planning Department's Agenda Memo). Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map �511111r111/� of the City of Fayetteville to reflect the zoning change provided in Section I. PASSED and APPROVED on 8/16/2016 :I'i1.1'i i VI It Approved: Attest: 1 ftt.�I.'ifCt t.Ts low l.iultald ,iclydan, y4fi3y r Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 8/17116 ;tCity of Fayetteville, Arkansas 113 West Mountain Street 7 ` - Fayetteville, AR 72701 r � t 479)575-8323 . iir[r�rfr 1 Text File - File Number: 2016-0367 Agenda Date: 8/16/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 3 RZN 16-5483: (NE CORNER OF MORNINGSIDE & 15TH ST./RAUSCH COLEMAN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5483 FOR APPROXIMATELY 36 ACRES LOCATED AT THE NORTIIEAST CORNER OF MORNINGSIDE AND FIFTEENTH STREET FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION, SUBJECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to NC, Neighborhood Conservation, subject to a Bill of Assurance (Exhibit C to the Planning Department's Agenda Memo). Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1, City o/Faystleville, Arkansas PaJc 1 Printed on 8/17/2016 City of Fayetteville Staff Review Form 2016-0367 Legistar File ID 8/16/2016 City Council Meeting Date -Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 7/29/2016 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: RZN 16-5483: Rezone (NE CORNER OF MORN INGSIDE & 15TH ST./RAUSCH COLEMAN 564): Submitted by RAUSCH- COLEMAN, INC. for property at the NE CORNER OF MORNINGSIDE & 15TH ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 36.00 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION, subject to a Bill of Assurance. Account Number Project Number Budgeted Item? NA Budget Impact: Fund ----- ---------- -- Project Title Current Budget $ Funds Obligated $ Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Previous Ordinance or Resolution N Original Contract Number; Approval Date: Comments: CITY OF CITY COUNCIL AGENDA MEMO le Fayr� MEETING OF AUGUST 16, 2016 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Planner DATE: July 29, 2016 SUBJECT: RZN 16-5483: Rezone (NE CORNER OF MORNINGSIDE & 15TH STJRAUSCH COLEMAN 564): Submitted by RAUSCH-COLEMAN, INC. for property at the NE CORNER OF MORNINGSIDE & 15T" ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 36.00 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION, subject to a Bill of Assurance. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the property to NC, Neighborhood Conservation as shown in the attached Exhibits 'A' and 'B' and subject to a Bill of Assurance, Exhibit'C'. BACKGROUND: The subject property is a 36 acre parcel located on the northeast corner of Morningside Drive and 15th Street. A small portion of the parcel extends to the south side of 15th Street. The parcel is currently zoned RSF-4. The property is undeveloped pasture, and remains in agricultural use. The parcel contains some flood plain, and a string of ponds that become a protected stream immediately to the south. These valuable natural resources are classified as Natural Area on the 2030 Future Land Use Plan, the remainder of the site is classified as City Neighborhood Area. Request: The request is to rezone the property from RSF-4 to NC, Neighborhood Conservation, subject to a Bill of Assurance placing land classified as Natural Area within a Conservation Easement approximately as shown in the attached Exhibit 'C', in order to allow development of higher density single-family housing The proposed Bill of Assurance allows a maximum of 5 road/utility crossings and trail construction over the area conserved. Land Use Compatibility_ The proposed zoning is compatible with the surrounding mixture primarily of residential uses. The immediate area contains a range of single-family and multi -family development types, and all share a low to moderate densities, a residential development pattern that would be continued in the NC zone. Land Use Plan Analysis: A majority of the site is classified as City Neighborhood Area. The proposed zoning for higher density single family development (NC permits 10 units per acre) is Mailinq Addres<: 1't3 W. NA.0witain iayehevillr, AR 727ol generally compatible with the City Neighborhood designation that encourages higher density and a wide spectrum of housing types. The proposed NC zoning is possibly too low of a density with a lack of permitted uses other than single family. However, given the setting of this site adjacent to the Walker Park Neighborhood with similar development patterns the zoning is appropriate. The proposed zoning, as limited by the proposed Bill of Assurance, is also consistent with that portion of the property designated as Natural Area. DISCUSSION: On July 25, 2016 the Planning Commission forwarded the applicant's request rezoning with a recommendation for approval by a vote of 6-0-0. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A ■ Exhibit B ■ Exhibit C ■ Application ■ Planning Commission Staff Report RZN 16-5483 EXHIBIT 'A' _.. RZN 16-5483 RAUSCH COLEMAN cease U,0 View NORTH 1 •�.• r � q9tj'+ t���,7a�,�.A-�; a en r Yx;�al sp {t' i�.' lt"'Ot f!-_x,-"� ;.: . � !�'.ik .iFz6-y;ll,�_.r'hiri..,,.. r1-.. 1 ��,"ti {,r��i',` 61' "� •i's wf'� �{e4 7]"'r ._ _.- � � i'��:_ �a �1 #711t'��1„�•,C''�'S P...j ��i NANTUCKET fa■ 1 mcnm a. t i d Sd. -S Legend Planning Area Feet Fayetteville City Limits 0 112-5 225 450 675 900 Trail (Proposed) Building Footprint 1 inch = 300 feet RZN 16-5483 EXHIBIT T' page 1 of 2 TRACT "A" ALL THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, THAT LAYS NORTH OF THE RIGHT OF WAY OF ARKANSAS STATE HIGHWAY 1116, ALSO KNOWN AS 15TH STREET AND EAST OF THE EAST RIGHT OF WAY OF MORNINGSIDE DRIVE. LESS AND EXCEPTTHE FOLLOWING: COMMENCING AT THE NORTH EASTCORNER OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER;'THENCE SOUTH 02"47'3.6" WEST DISTANCE OF 582.75 FEETTOTHE POINT OF BEGINNING; THENCE SOUTH 02"44'15" WEST A DISTANCE OF 663.92 FEET; THENCE NORTH 87°15'49" WEST A DISTANCE OF 470.22 FEET; THENCE NORTH 02°44'15" EAST A DISTANCE OF 654.87 FEET; THENCE SOUTH 88'21'58" EAST A DISTANCE OF 470.31 FEET TO THE POINT OF BEGINNING. CONTAINING 29.6 ACRES MORE OR LESS. SUBJECT TO ANY EASEMENTS OF RECORD OR FACT. RZN 16-5483 EXHIBIT'B' page 2 of 2 TRACT "B" PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS. COMMENCING ATTHE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 02'S2'58" WEST A DISTANCE OF 27.89 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87'03'55" EAST A DISTANCE OF 845.45 FEET; THENCE SOUTH 02'46'10" WEST A DISTANCE OF 152.24 FEET; THENCE NORTH 87*15'33" WEST A DISTANCE OF 849.75 FEET; THENCE NORTH 02'52'58" EAST DISTANCE OF 155.11 FEETTO THE POINT OF BEGINNING. CONTAINING 2.99 ACRES MORE OR LESS. SUBJECT TO HWY #16 ALONG THE NORTH SIDE AND MORNINGSIDE DRIVE ALONG THE WEST SIDE AND ANY EASEMENTS OF RECORD OR FACT, r41 R RZN 16-5483 EXHIBIT'C' page 1 of 3 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the oxvner, developer, or buyer of this property, (hereinafter "Petitioner') t y t 1 .. ! • r I, „ i ,.• .1 LL _..__, hereby voluntarily offers this Bill of Assurance and enters into thl -binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Chancery/ Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planting Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council, 1. The use of Petitioner's property shall be limited to . -- No 2, Other restrictions including number and type of structures upon the property are limited to Development within the con servalion easements shall be limited to a maximum oft rUaatuulils ,!is>iu s and trail cogstruction."rhe Plaw!iuyCommissiolt nt:rv:l1prove I additionud chns)n4 at the time of preliminary lot. Minor grading along the edge ofthe easement may be allowed to tie in grading lines. 3_ Specific activities will not be allowed upon petitioner's property :nd ude 4. (Any other terms or conditions) _ RZN 16-5483 EXHIBIT'C' page 2RZN 16.5483 EXHIBIT'C' page 1 of 3 of 3 S. Petitioner specifically agrees that all such restrictions and terms shall runs 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 sl7a[] be noted on any Final PIat or Large Scale Development which includes some or all of Petitioner`s property. IN WITNEss WHEREOF and in agreement with all the terms and conditions stated allover 1, y"t"f -/ sJ'-�✓ Y� atu 1 as the owner, developer,or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. IVate Printed Na3ne(! jto k J. f Signature NOTARY OATH STATE OF ARKANSA.S ) COUNTY OF WASEIINGTON And nasty on this the _C 1-clay of -Y �L�% �0 ��, appeared before me. _�_ (;�G 4t`z = i r �r t,. ¢•�1 au��F - and after being placed upon his her oath swore or affirmed that lte/she agreed with the terms of the above Bill of Assurance and signed his/her name above. qj�A�,j .,� � NO)ARY PUBLIC My C onunission Expires; MY COMMISSION N 12397076 p ; •' •• EXPIRES; FcUmery 13, 2o24 j� _ Ira:€issrjlcg4r.�,�1. RZN 16-5483 EXHIBIT FOR BILL OF ASSURANCE EXHIBIT `C' page 3 of 3 1r ys i r � _ 3 7:w J M All h jw,.l r 3 Ventel-rd lilt Strewn _ e l M Sc r r ri L + ,p ,I 3y 1 rl F { 1 } RSF-8 (1048-94,142 Degrees ' CCTV OF i+AYETTEV-ILL , ARKAN&AS REZONING �PORS xh-1 usrrfrPvl.t flufurPfrltfisM{rar.Sari+ritliferl, Sipr!'ec" 715.60 e kris- rlrCO. luertras t;W)IIlkr@: T.T.H. (Ame l fllrltetril Nurrmhcr: pry: 1hrh1&.• Nearing Owe: 7.sns, Please fill outthis torts wflPtclelq, mipplyin8 01 n9c4sury lufornmtion and dnotimentozlnn In MI(Apart yoni° vagUC3t. Your• opplAcallnu wl)l unl he plared na the plrinalrag Cun)nilsslnrr fagentlri urrflJlhln lrtfifrrnnflnrr tf foritlshol, 111)111-4i9 ), litdicalc one catiNel porSon for Ibis rueptst,, _ Appllcnnt _ Rtpi,ettnlullve .Ilyrfleruu (lrrrvou ruulaing reque5Q. ftrpresonfalive (ertglrieer, surveyor, realfor, efe.); lcssc I�clslter Nnnsc. lame: hddre<s; 4058 N. C.Mluge Avanuc hddt'.rs ; T �f'ayenCvilla; ;Slt 7��T 1�-ittailt;�Cssti'Jbia6sar(�nilrscber'Ictunn.wrm grail: t I t r r yiie Addews f I.nesatton o,3hcast <s?ru�r uC' i tiRh tiffce;.i grad MnrairsgaideP17PsS-15088-0110 ttSr-� C:ul+cn(lstning I)istssl:I _ - Ilcalncstrti lcns#nit 1.7isIriC4. NC Asn.uss n's I'mad Nsoal.ei(t} I'w,?.Fphj t i7,'f peily: - _ _ ., - 36 ACi s r — •-. . FINstfv(114L INT11WEy►:S fltc tolfovriny cni9tlex mod f 0! peupic 11rtvv Im,m't:31 si+trl cm all thts penjctl: ✓IPPLIGANT/ MPRFSENTAT)Vk: I cerll ly under penalry of pelJury that the foregoing stntemcnts tmd enswois herein made all data, information, and evidence Iterewilh snhrnittcd nre in All Pcspecis, to the hest ofmy knowledge and belief, true and col reel_ 1 understand that submittal ot'tucorrvel nr fnfse inforination Is grounds Ibr invalidailou ofapplIcation completeness, delcrminution, m• approval I understimd that the City might not npplove what I am applying for, ui might set conditions on upprovol, Nnnrc tlrnuctll a SSA �t)1A1- R� Dote: PROPERTY OIYNCR(4) /A117'11ORIZEU A61iNTt llwe certi ly under penally of pcijuiy that I am/we are the owncr(s) or the propci ly lh®t is the subject of Ill ix upplic0ion and that Ilwe have read this applicalion and consent to its riling (1j'slgnof/ by the nuthoAzed agent, a letlerftorn encli property uiviler marl be provided hulictlring thnl the ugen!!s nulhorized h, nel on hN ller hehulf,) Properly Owneer of Revord (rithic•rh addhional !nf o lJneeessurv): itirrrrfit ftruliterl l Li.r.f ! f r i i(t, i l t/ •, I • a1il;l3ur. � �, ?' �"s i l y�'t' _ ( i j r l., I' `1`. I,. v.,�a�+.'j rr i} ...., ti�} e �.(+fd.�i 11'r ��✓� �. jz��_ � -. tiil•u•rwn• t +� r iJ 1t Q�"J� .� :J...- .- 1^!neils!i€,led> ;,: tress .. --- - - :' i lip tnt;r r l: Phone: [ 1 Rezoning Checklist: Atioch thefollowinhr iterns to this uppliculion' (1) Payment in l'ulJ ol'upplicablc ices fur processing the application: $325.00 application fcc $5.00 public notificution sign I•ee (2) A legal description of the property to be rezoned, A survey mtly be required if the Properly description Can nut accurately be platted or ifil Is described by referring to 011ie], deeds, (3) CD containing a copy uflhe legal description in MS Word and tall required submittal items should be also included on the CD in I'DF larnaat. (4) A copy of the county parcel map from the Washington County Assessor's office or from the Washington County wehsite (y)4yw.in,wasi�lttbwn,ttr_us). The subject property and all adjacent parcels should be identified on this parcel map. The owner's name;,officialmailingaddress, and th parcel number liar every )ldjacentproperty skill be shown on this map CITY OF Fay%! 1e PLANNING COMMISSION MEMO ARKANSAS TO: City of Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Current Planner MEETING DATE: July 25, 2016 (Updated with Planning Commission results SUBJECT: RZN 16-5483: Rezone (NE CORNER OF MORNINGSIDE & 15TM STJRAUSCH COLEMAN 564): Submitted by RAUSCH-COLEMAN, INC. for property at the NE CORNER OF MORNINGSIDE & 15T-' ST, The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 36.00 acres_ The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION, subject to a Bill of Assurance. RECOMMENDATION: Staff recommends forwarding RZN 16-5483 to the City Council with a recommendation for approval of NC as proposed, subject to a Bill of Assurance. BACKGROUND: The subject property is a 36 acre parcel located on the northeast corner of Morningside Drive and 151" Street. A small portion of the parcel extends to the south side of 15" Street. The parcel is currently zoned RSF-4. The property is undeveloped pasture, and remains in agricultural use. The parcel contains some flood plain, and a string of ponds that become a protected stream immediately to the south. These valuable natural resources are classified as Natural Area on the 2030 Future Land Use Plan. On March 1, 2016 the City Council approved a rezone for the northern 34 acre portion of this property. The property was rezoned from RSF-4 to a mixture of Commercial Services (CS), Neighborhood Conservation (NC), and Residential-Agriculturat (R-A). The R-A portion was created in an effort to encourage conservation of the connected ponds that cross the property and to provide a green belt connection between natural areas to the north and south of the property. The rezoning configuration was intended to concentrate development more densely onto portions of land away from sensitive environmental resources. The zoning of CS and NC allows for a residential density of more than double that permitted in a typical single family (RSF- 4) zoning. This provides the opportunity to preserve remaining land zoned R-A for conservation, public and neighborhood use. Although not required under the R-A zoning, one of the benefits of this type of zoning pattern is that it allows a significant amount of greenways and linkages through a neighborhood and access to these amenities for a large number of residents. The R-A zoning is a low density zoning that will reduce impacts to sensitive environmental resources compared to standard zoning districts. Surrounding land use and zoning is depicted on Table 1. Planning Commission i !,;i!ioatei pca tie ,. Jul 25, 2016 11 f Mo !W i m� Dt(00 :vww fay(.ttcv€ll(Adre�avltem 5 ��ctsf III t , •,z� 16-5483 Rausch Coleman Page 1 of 23 Table I Surrvundina Land Use and Zonin Direction from Site Land Use Zoning North Agricultural NC, Neighborhood Conservation South Undeveloped RSF-8, Residential Single-Family/RMF-24, Residential Multi -family_ East City of FSyettevillelUndeveloped RSF-4, Residential Single-FamilylRMF-12, Residential Multi-famil West Residential/Senior Housing NC, Neighborhood ConservationlDG, Downtown General Request: The request is to rezone the property from RSF-4 to NC, Neighborhood Conservation, subject to a Bill of Assurance placing land classified as Natural Area within a Conservation Easement approximately as shown in the attached exhibit, in order to allow development of higher density single-family housing. The proposed Bill of Assurance allows a maximum of 5 road/utility crossings and trail construction over the area conserved. Public Comment: Staff has not received public comment. INFRASTRUCTURE: Streets: The subject parcel has access to both Morningside Drive, and 15" Street (Hwy 16). Morningside Drive is a partially improved two lane road with curb/gutter and sidewalk along the west side, as well as open ditches along the east. 15t" Street is also State Highway 16, and is an unimproved two lane roadway with open ditches on both sides. Any further street improvements would be determined at time of development. Water: Public water is available to the site. A 24" water main exists along the property frontage of Morningside Drive on the east. In addition, a 12" water main exists along the property frontage of 151 Street on the south. Sewer: Public sewer is not available to the site. GIS indicates the nearest accessible sanitary sewer main to be located approximately 400 feet south of the property on Morningside Drive. An off -site sanitary sewer extension would be required to service the property at the time of development. Drainage: Any additional improvements or requirements for drainage would be determined at time of development. Portions of this parcel lie within the FEMA designated 100-yr floodplain. No protected streams are present on this parcel. No portions of this parcel lie within the HHOD. Fire: The Fire Department did not express any concerns with the request. Police: The Police Department did not express any concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future land Use Plan designates the properties within the proposed rezone as City Neighborhood Area and Natural Area. • City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types. Planning Commission G:tEMDeveiopmenl Services Review120160evelopment Review116-5483 RZN NE corner July 25, 2016 Morningside,& 15th (Bausch Coieman)!01 Planning Commission%07-25-20161Comments and Agenda Item 5 Redlines 16-5483 Rausch Coleman Page 2 of 23 Natural Areas consist of lands approximating or reverting to a wilderness condition, including those with limited development potential due to topography, hydrology, vegetation or value as an environmental resource. These resources can include stream and wildlife corridors, as well as natural hubs and cores, as identified in the FNHA study, many of which make up the backbone of the enduring green network. A Natural Area designation would encourage a development pattern that requires conservation and preservation, prevents degradation of these areas, and would utilize the principles of low impact development for all construction. The portion of this site designated on the Future Land Use Map as `Natural Area' has been identified as having high environmental value by the Fayetteville Natural Heritage Association (FNHA), a local non-profit group. As a result of the FNHA work and other City staff research, this study area was included on the Enduring Green Network (EGN) map. The EGN map resulted in designation of portions of this area as Natural Area on the Future Land Use Map. Due to the environmental sensitivity of the study area, Staff recommends in favor of the applicant's proposal that portions of the land identified as Natural Area be placed within a 60 foot wide conservation easement that will be centered on the drainage/stream. This easement should result in conservation along these greenway corridors in exchange for higher density in other areas_ 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: Land Use Compatibility: The proposed zoning is compatible with the surrounding mixture of residential and institutional uses. The immediate area contains a range of single-family and multi -family development types, and all share a low to moderate densities, a residential development pattern that would be continued in the NC zone. Land Use Plan Analysis: The proposed zoning with the Bill of Assurance for a conservation easement over land classified as Natural Area is generally compatible with the Future Land Use Map for the portion of property designated as City Neighborhood Area. The proposed zoning, as limited by the proposed Bill of Assurance, is also consistent with that portion of the property designated as Natural Area. 2, A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed Finding: The applicant has requested the zoning change in order develop the property with moderately dense single -residential neighborhood. The proposed zoning district would beneficially increase residential densities above those allowed under the current 4 unit per acre limit, a goal of the City Plan 2030 for infill in the core of the City. The property is located less than one mile from the city center, and in staff opinion, the pattern of development should reflect that with increased density and traditional town form as indicated by the goals of City Plan 2030. Planning Commission WET00evelopment $ervices Review120160evelopment RevieMl6-5483 RZN NE corner July 25, 2016 Momingside & 15th 1,Rausch Coleman)101 Planning Comm ission't07-25-2016'',Commarts and Agenda Item 5 Redlines 16-5483 Rausch Coleman Page 3 of 23 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has access to 15th Street and Morningside give. Morningside Drive is a partially improved `Collector' street. 151h Street is an unimproved 'Principal Arterial' Street. The rezone encourages development that would increase traffic on this property, however, development of the area is unlikely to have significant negative impact on safety and congestion in the area. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding. Rezoning the property from RSF-4 to NC would certainly alter future population density, but should not undesirably affect load on public services. The Police and Fire Departments have expressed no objections to the proposal. A significant amount of street improvement would likely be required to fully develop this site, and would be reviewed in detail at the time of development. _ 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Staff recommends forwarding RZN 16-5483 to the City Council with a recommendation for approval of NC as proposed, subject to a Bill of Assurance. Planning Commission GnETMDevelopment Services ReviewQ016Tevelopment Reviewi16-5433 RZN NE corner July 25, 2016 Morningside •& 15th (Rausch Coleman)101 Planning Comm issiont07-25-2Dt61Comments and Agenda Item 5 Redlines 16-5483 Rausch Coleman Page 4 of 23 PLANNING COMMISSION ACTION: Required YES Date• July 25 2016 ❑ Tabled x Forwarded [IDenied Motion: Hoskins Second: Hoffman Vote: 6-0-0 Note: recommend approval CITY COUNCIL ACTION: Required YES Date: August 16, 2016 ❑ Approved ❑ Denied BUDGETISTAFF IMPACT: None Attachments: • Unified Development Code sections 161,03, 161.07 & 161.27 • Request letter ■ Bill of Assurance • Proposed Conservation Easement Area • One Mile Map, Close -Up Map, Current Land Use Map, Future Land Use Map Planning Commission G:iETCTevelopment Services Review\201610evelopment Review 6-5483 RZN NE corner July 25, 2016 Morningside & 15th (Rausch Coleman)401 Planning Commission107-25-2016tComments and Agenda Item 5 Redlines 16-5483 Rausch Coleman Page 5 of 23 Fayetteville, AR Code of Ordinances Page 1 o r S 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 I Unit 1 City-wide uses by right r Unit 3 Public protection and utility facilities Unit 6 1 Agriculture Unit 7 Unit 8 Unit 9 Unit 37 Unit 41 Animal husbandry Single-family dwellings Two-family dwellings Manufactured homes Accessory dwellings Unit 43 Animal boarding and training (2) Conditional Uses Unit 2 City-wide uses by conditional use permit about:b1aI k Planning Commission July 25, 2016 Agenda Item 5 �lbl )"sch Coleman Page 6 of 23 Fayetteville, AR Code of Ordinances Page 2 of 8 Unit 4 Cultural and recreational facilities I Unit 5 Government facilities Unit 20 Commercial recreation, large sites I Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre I One-half (1/2) (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Planning Commission July 25, 2016 abotit:blank; Agenda Item 5 'UTA 4kisch Coleman Page 7 of 23 Fayetteville. Alt Code of Ordinances Page 3 of 8 Lot area per dwelling unit (E) Setbac%Requirements. Front Side I 35 feet 20 feet 2 acres Rear 35 feet (F) Height Requirements. There shall be no maximum height limits in the A-1 District, provided, however, that any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required setback lines. (G) Building area. None. (Code 1965, App. A., Art, 5(1); Ord. No, 1747, 6-29-70; Code 1991, §160,030; Ord, No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-1 S-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5-09; Ord. No. 5479, 2-7-12) 161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Putpose. 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 1 City-wide uses by right Unit 8 1 Single-family dwellings about blank Planning Commission July 25, 2016 Agenda Item 5 7,81g}}e)%sch Coleman Page 8 of 23 Fayetteville. A R Code of Ordinances Page 4 of 8 Unit 41 Accessory dwellings (2) Conditional Use,,. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 B Cultural and recreational facilities Unit 5 Unit 9 Unit 12 Unit 24 Unit 36 Unit 44 (C) Density: Units per acre aboutNank Government facilities Two-family dwellings Limited business Home occupations Wireless communications facilities Cottage Housing Development igle-family vellings )r less Two (2) family dwellings 7 or less Planning Commission July 25, 2016 Agenda Item 5 7bIgASY sch Coleman Page 9 of 23 Fayetteville. AR Code of Ordinances Page 5 of 8 (d) Bulk and Area Regulations, Single-family Two (2) family t dwellings a dwellings i l Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per 8,000 square feet 6,000 square feet dwelling unit b Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet I 6,000 square feet dwelling unit (E) Setback Requirements Front Side Rear Ll 5 feet 5 feet 15 feet ubout:blank Planning Commission July 25, 2016 Agenda Item 5 74 W& Asch Coleman Page 10 of 23 Fayetteville, AR Code of Ordinances Page 6 of 8 (F) Building Height Regulations Building Height Maximum Height Regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (G) Building -Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07, Ord. No. 5128, 4-15-08; Ord, No, 5224, 3-3-09; Ord. No, 5312, 4-20-10; Ord, No. 5462, 12-6-11) 161.27 - Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings about.blank Planning Commission July 25, 2016 Agenda Item 5 M91Q }Usch Coleman Page 11 of 23 Fayetteville, A R Code o [.'Ordinances Page 7 of 8 (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 (2) family dwellings Unit 10 Three (3) family dwellings Unit 12 Limited business* Unit 24 Home occupations Unit 25 Offices, studios, and related services ' Unit 28 Center for collecting recyclable materials I e Unit 36 Wireless communication facilities Unit 44 Cottage Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations (1) Cot Width Minimum. Single Family about:bIank 40 feet Planning Commission July 25, 2016 Agenda Item 5 7ffi5 {j,*sch Coleman Page 12 of 23 Fayetteville. AR Code of Ordinances I Two Family Three Family (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations Front Side Rear Rear, from center line of an alley (F) Suilding Heigrht Regulations Building Height Maximum Page 8 of 8 80 feet 90 feet A build -to zone that is located between the front property line and a line 25 feet from the front property line. 5 feet 5 feet 12 feet 45 feet (Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10: Ord, No. 5462, 12-6-11, Ord. No. 5592, 6-18-13; Ord, No. 5664, 2-18-14; Ord, No. 5800, § 1(Exh. Al, 10-6-151 about:blank Planning Commission July 25, 2016 Agenda Item 5 7,6f 2(gsch Coleman Page 13 of 23 'j area recently lre2oned to R-A ?t; - is� ml•` rly+ . x «, • may, ly�J. 'Fl w Jr, r. c conservation ( ! leasernent RI FLUM designated 'Nalw , I Ai w, ' ��;• r fir,- i or Jug 25, 2016 10 ='i?v 0 410 Fee' Age Item 5 16-5483 Rause leman Page 14 of 23 16-5483 RZ€V Applicant's Request Utter To the Fayetteville Planning Commission: a. The property is currently owned by the Testamentary Trust A. Rausch Coleman Homes has the property under contract. b. We are requesting the rezoning to allow for single-family home development. The increased density allowed under Neighborhood Conservation is more appropriate than RSF-4, given the properties close proximity to schools, parks and downtown Fayetteville, which lest then 1 mile to the west. c. The Neighborhood Conservation zoning district will be very compatible with surrounding land uses, which are primarily residential. Land uses to the west include a church, multi -family housing and single-family housing. Property to the south and east are primarily undeveloped, with the exception of the 7-Hills development adjacent to the east property line. There is a large, single-family residence to the north that was approved for educational services. A small business occupies land at the corner of Huntsville and Morningside. d. There is adequate water and sewer capacity adjacent to this site to serve future development. This includes 6-inch, 8-inch, 12-inch and 24-inch water lines; and 6-inch and 8-inch sewer lines. e. The proposed zoning -of Neighborhood Conservation is very consistent with land use planning objectives and policies and with the Future Land Use Plan. Specifically, the Neighborhood Conservation district is intended to promote and protect neighborhood character. Although much of the adjacent land is undeveloped, the subject property is within reach of the Walker Park Neighborhood Plan and the overall downtown area of Fayetteville. There are many established neighborhoods, primarily consisting of small lot, single-family residences, to the west of this land. The Neighborhood Conservation district allows for smaller, single-family lots that are consistent with the historical context of surrounding neighborhoods. Further, the Future Land Use Plan designates the site as a City Neighborhood Area, which are more densely developed areas, providing for a spectrum of uses and densities in all housing types. The Neighborhood Conservation zoning district allows for a more -dense, single-family development pattern than the existing RSF-4 zoning district, which typically averages less than 3 units per acre. In addition to compliance with the Future Land Use Map and surrounding land uses, the Neighborhood Conservation zoning district will also allow the site to be developed in accordance with all of the goals of City Plan 2030. • Goal 1: The subject property is adjacent to the Walker Park Neighborhood, and in close proximity to downtown Fayetteville. While being a greenfield site, the location most certainly qualifies it For infill development and certainly not suburban sprawl. • Goal 2: As noted above, the proximity of the site to existing public infrastructure, established neighborhoods and downtown make this an infill location. • Goal 3: The neighborhood conservation zoning district provides a build -to zone, which requires a more traditional building placement along the street and sidewalk edge. In addition to building placement, this neighborhood is within walking distance of small-- scale commercial uses, churches, parks and jobs. Planning Commission July 25, 2016 Agenda Item 5 16-5483 Rausch Coleman Page 15 of 23 a Goat 4: The subject property is located along and adjacent to Ozark Regional Transit Services and the Fayetteville Trail System. Additionally, interior streets will be designed with short block lengths, narrow travel ways and an eye for slow traffic speeds. • Goal 5: Approximately 2.2 acres of waterways and pools within the overall 73-acre property have already been set aside as preserved greenspace. Additionally, areas within the subject 36-acre property will also be set aside as a riparian buffer and neighborhood park. An overall goal of this development is to preserve and enhance natural drainage features. e Goal 6: Housing within close proximity to downtown Fayetteville is primarily unaffordable for the average family. There is an opportunity with this property to provide new housing, at a price point that is attainable for small families, young professionals, single -parent households, or even baby boomers looking to downsize and who want to live in a location that is close to schools, parks, and jobs, and all of the amenities offered on the Square and Dickson Street. f. Rezoning the property to allow for increased residential density is justified at this time. The property provides an opportunity to create new housing that is compatible with surrounding land uses and place homes in close proximity to jobs and amenities. g, Any development on this property will increase traffic on surrounding streets. However, the site has direct access to Huntsville Road, which is primary collector street that connects into downtown Fayetteville and east to Crossover Road; and 15" Street which is a primary east/west corridor. there is sufficient infrastructure in place to support development of this property. h. Development of the property will increase the population of the area. However, this property is in close proximity to all of these services: Fire Station, Police Station, Happy Hollow Elementary, Commerce Park, Downtown Fayetteville, University of Arkansas, Walker Park and Fayetteville High School, to name a few. i. The land is currently zoned for residential development. However, as has been seen, the RSF-4 zoning district is very inefficient, provided less than 3 units per acre of land. The Neighborhood Conservation zoning district will likely permit approximately 6 units per acre, which is much more in line with traditional development patterns found in Walker Park_ Further, increasing the density of this property will allow for an appropriate infill development that will support and be supported by schools, parks, jobs and services that are all within close proximity of the property. Planning Commission July 25, 2016 Agenda Item 5 16-5483 Rausch Coleman Page 16 of 23 r BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") t t r- ! v ' " If < 2 - # r hereby voluntarily offers this Bill of Assurance and enters into t binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Chancery/ Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request, Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to No restrictions are being placed on this praperty, with the uxcu tlon of a 60-foot wide - conservation easement centered on the mo stream channels, as Qenerally shown on the attached exhibit. 2. Other restrictions including number and type of structures upon the property are limited to Development within the conservotion cawmcnts ,hall be limited to a maximurn at'S rtaailrutiliry tirassings and trail construction. the Plannin, Commission may :ipprow l additurmti crt ;ssng .it the time of preliminary lot. Minor grading along the edge of the easement may be alloNved to tie in grading lines. 3. Specific activities will not be allowed upon petitioner's property include 4. (Any other terms o. conditions) Planning Commission July 25, 2016 Agenda Item 5 16-5483 Rausch Coleman Page 17 of 23 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council, This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above,l,r_;; , r - - s -' +''_"--. as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. atr _ Printed Namef,�€a./a Addres1 i Signature NOTARY OATH STATE OF ARKANSAS } COUNTY OF WASHINGTON J And now on this the _1. 3 � day of 20 appeared before me, } 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 signehis/her name above. NO ARY PUBLIC lvly ammssort Expires: ROBIN K. MATLOCK MY COMMISSION N 12397078 EXPIRES, Fps` r=nary 18, 2024 - Yda;;hirsgkaei Gdem{y Planning Commission July 25, 2016 Agenda Item 5 16-5483 Rausch Coleman Page 18 of 23 EXHIBIT FOR BILL OF ASSURANCE } 60' 0 iiwn ation I'ammicn17 ' 1 M S r .. ,v Z. f •5 f } 4 c` I RSF-S Planning Commission July 25, 2016 Agenda Item 5 16-5483 Rausch Coleman Page 19 of 23 RZN 16-5483 ofle Mlle View Legend RAUSCH COLEMAN I 0 0.125 025 0.5 !files � 1 � � 1 � i7Vy� ;r Cdl _ ;Subject �s1f. Property V ` k elf i Planning Area t Fayetteville City Limits . • • • • • Shared Use Paved Trail Trail (Proposed) Pfannlntg Araa - - Building Footprint O l ayettevi[e City LIm.l8 i-2 list^-4 It-t D Gs• ry Gs• ry Li 1 Wi G 1101+ at [1REN14u SIgGUEia'u �t,' I�1' ' .s+� .rawrYxEaantrncn QFx�EYi4u +iuR 11.l8VIIY ..,._., .. ,. •:+ KAWNE010 YQ W3 rRicts ••,ou9tw A �f,s llt411�A1, .. . , Planning Ca mission 5, 2016 Agenda Item 5 16-5483 Rausch Coleman Page 20 of 23 Agenda Item 5 16-5483 Rausch Coleman Page 21 of 23 RZN 16-5483 RAUSCH COLEMAN Close Up View MCCLiNTQ1+1 &T OFF NANTUCKET DRY KIE KELLYOR CHESiAPEAKE WAY 0 15TH ST--.__ �. I- I RSF-8 Legend Planning Area Feet Fayetteville City Limits 0 112.5 225 450 675 Trail (Proposed) Building Footprint 1 inch = 300 feet NORTH L45i P-1 ' Res.denLa3-Agnu.;aural RSF-a RSF-8 RMF 24 1-1 Heavy Commerc.a. ano L:gtu Indus€,gar ■ C1 ::', lv4arn Sirae! L:erler 900 I® Dowmown Genera: Neighborhood Conservation P-1 Planning Co mission 5, 2016 Agenda Item 5 16-5483 Rausch Coleman Page 22 of 23 RZN 16-5483 RAUSCH COLEMAN A& Current Land Use NORTH r" r Undeveloped ULU MCCL , FAIRLAM Multi -Family ' IF NIT 1 ?R PR Alp i i.4 'FRA IIE KE=LLY'�- r_Wk a Retirement Community HE9pAKE A. i C YViIY w Subject Property LU 4_. � = � :� l � ��•�.� '- �Manufactured Homes if- i r - - ... s e. G. Concrete Business r ' �f w Undeveloped 1' rA • � G] r - _ Business s ;.. Park Legend Streets Existing MSP Class CO;LEC T O.R M I'JOK ,4RTERIa.L Feet Fhra FR'NCIPkL r.RTERIRL had (,-,.p d� 0 145 290 580 870 1,160 ® RGJ�bS483 � � � Planning ,a rea F�,eneville ai, L A.,, Planning Co ission Jwly „2016 Agenda Item 5 16-5483 Rausch Coleman Page 23 of 23 Ordinance: 5924 File Number: 2016-0494 AMENDMENT TO A BILL OF ASSURANCE (NE CORNER OF MORNINGSIDE & 15TH ST./ RAUSCH COLEMAN): AN ORDINANCE TO AMEND NoRTHwESTARKANsAs ORDINANCE N0. 5897 BY MODIFYING THE BILL OF ASSURANCE TO PERMIT THE REALIGNMENT OF A PROTECTED ®�� �� �� ��� STREAM. �:�/ WHEREAS, Ordinance No. 5897 was passed on August 16, 2016, in reliance >)D. PDX C .. A l I E, i� , 2702 r79-442 "AX: 479-C.,z..-i18 ^ lx ,r,a . _. r `°'`A<<' t upon and subject to the offered Bill of Assurance which provided for the protection and enhancement of two stream channels, including a 60-foot streamside protection zone centered on each stream channel; and AFFIDAVIT OF PUBLICATION WHEREAS, the owner/developer wishes to realign a portion of the westernmost stream. I Karen Caler, do solemnly swear that I am the Legal Clerk of the NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE Northwest Arkansas Democrat -Gazette, and in CIARKANSAs�TTEVILLE, printed published Washington County and Benton County, Arkansas, and of bona fide Section 1: That the City Council of the City of Fayetteville, Arkansas hereby circulation, that from my own personal knowledge and reference amends Ordinance No. 5897 by to the files of said the advertisement modifying the Bill of Assurance, attached publication, of- to the Planning Department's Agenda Memo as Exhibit A, only to the extent that the owner/developer may realign a CITY OF FAYETTEVILLE portion ofthe westernmost stream in Ord. 5924 accordance with the letters, maps, and drawings attached to the Planning Department's Agenda Memo as Exhibit B. All other terns and conditions of the Bill Was inserted in the Regular Edition on: of Assurance and ordinance No. 5897, including the 60-foot streamside November 10, 2016 protection zone centered on the westernmost stream channel as realigned, remain in full force and effect. Publication Charges: $97.50 PASSED and APPROVED on 11/l/2016 Ordinance: 5924 File Number: 2016-0494 Q� c Approved: Lioneld Jordan, Mayor Karen Caler Attest: Sondra E. Smith, City Clerk Treasurer 73924130 Nov. 10, 2016 Subscribed and sworn to before me This-U day of &-/, 2016. otuav, Notary Public My Commission Expires: -Z U120141 CATTY WILES Arkansas - S2nton Counly Notary PUC)1!C . CCSitI n_.? 1.2 97 i i8 ti PviyCurmnlsS,on a1f6s Feb 20, 2024 " * *NOTE* * t: Please do not pay from Affidavit. Invoice will be sent. RECE VED Nn28ZMS