HomeMy WebLinkAboutORDINANCE 5987I
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5987
File Number: 2017-0335
II II I I III I II I II II II VIII II II I II II II II II
Doc ID: 017604300003 Type: REL
Kind: ORDINANCE
Recorded: 08/23/2017 at 09:25:16 AM
Fee Amt: $25.00 Page 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
File2017-00025929
RZN 17-5803: (E. OF OLD MISSOURI RD. & ROLLING HILLS DR. KEENAN):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-
5803 FOR APPROXIMATELY 10.86 ACRES LOCATED EAST OF THE INTERSECTION OF OLD
MISSOURI ROAD AND ROLLING HILLS DRIVE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE TO NS -G, NEIGHBORHOOD SERVICES, GENERAL
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 NS -G, Neighborhood Services, General.
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 7/18/2017
Attest:
Sondra E. Smith, City Clerk Treasurer
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Page 1 Printed on 7/19/17
RZN 17-5803
E E N ►A N
17-5803
EXHIBIT 'A'
Close up view
P-1
Subject Property
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Legend
1 Planning Area
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RSF-4
- - r Fayetteville City Limits
Feet
Residential -Office
Shared Use Paved Trail
P-1
Trail (Proposed)
0
75 150 300 450
600
Building Footprint
1 inch = 200 feet
17-5803
EXHIBIT 'E'
LEGAL DESCRIPTION', REZONE TO NSG)
A part of the SWIA of the NE1i4 of Section 36, T1 7N, R30VV in Washington County, Arkansas, and
being descrlbed as follows: Commencing at the SW Comer of Bald W1/4, NE1/4, thence
547°19'01"W 103.51 feet, thence X112'31'05"VV 460,21 feet to the POINT OF BEGINNING,, thence
N 12$31'05"W 178.01 feet, thence N1 9'*07'T20"VV 288.26 feet, thence N'70"52'39" E 20.00 feet, them
NI 94'07021"W 370.00 feet, thence S87614'50"E 745,99 Feet, thence 502045'10" W 32.12 feet thence
along a non tangent curve to the right 125.32 feet, veld curve having a radlus of 538.59 feet and
-chard hearing and distance of 522°49'33" 1 5.04 feet, thence S29*29'25"' 355.56 feet to a point
of curve to the left264.88 feet, sald curve having a radlus of 608.89 feet and a chord bearing and
distance of S17°01'25"W 262,80 feet, thence 504°33'25"W 28,59 feet, thence S57° 13'38" W 59.92
feet to a point of curve to the right66.83 feet, said curve having a radius of 150.00 feet and a chord
bearing and distance of 579°50'24"V1! 65.2.7 feet, thence N 87" 1 4'50V 84.85 feet to the POINT CSF
BEGINNING, Containing 8.08 acres, more or less, subject to easements and right ofways of record.
Washington County, AR
I certify this instrument was filed on
08/23/2017 09:25:16 AM
and recorded in Real Estate
File Number 2017-005 2
Kyle Sylvester - Circ r
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113 West Mountain Street
City of Fayetteville, Arkansas
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Fayetteville, AR 72701 - Y
b, I Itl (479) 575-8323
Text File
File Number: 2017-0335
Agenda Date: 7/18/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B. 1
RZN 17-5803: (E. OF OLD MISSOURI RD. & ROLLING HILLS DR. KEENAN):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
17-5803 FOR APPROXIMATELY 10.86 ACRES LOCATED EAST OF THE INTERSECTION OF
OLD MISSOURI ROAD AND ROLLING HILLS DRIVE FROM RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE TO NS -G, NEIGHBORHOOD SERVICES, GENERAL
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 NS -G, Neighborhood Services, General.
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 7/19/2017
Andrew Garner
Submitted By
City of Fayetteville Staff Review Form
207-0335
Le,gistar File ID
mm
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
6/16/2017 City Planning /
_ Development Services Department
Submitted Date Division / Department
Action Recommendation:
RZN 17-5803: Rezone (E. OF OLD MISSOURI RD. & ROLLING HILLS DR./KEENAN, 253- 254): Submitted by JORGENSEN
& ASSOCIATES for property EAST OF OLD MISSIOURI RD. & ROLLING HILLS DR. The property is zoned RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 10.86 acres. The request is to rezone
the property to NS -G, NEIGHBORHOOD SERVICES, GENERAL.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $
Funds Obligated $ -
Current Balance I�
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
uA CITY COUNCIL AGENDA MEMO
CITY OF
AYETTEVILLE
ARKANSAS
MEETING OF JULY 6, 2017
TO: Mayor, Fayetteville City Council
THRU: Andrew Garner, Planning Director
FROM: Jonathan Curth, Senior Planner
DATE: June 16, 2017
SUBJECT: RZN 17-5803: Rezone (E. OF OLD MISSOURI RD. & ROLLING HILLS
DR./KEENAN, 253- 254): Submitted by JORGENSEN & ASSOCIATES for
property EAST OF OLD MISSIOURI RD. & ROLLING HILLS DR. The property is
zoned RSF-4,-RESIDENTIAL SINGLE FAMILY, 4 UNITS PERACRE and contains
approximately 10.86 acres. The request is to rezone the property to NS -G,
NEIGHBORHOOD SERVICES, GENERAL.
RECOMMENDATION:
The City Planning staff and Planning Commission recommend approval of an ordinance to rezone
the subject property to NS -G, Neighborhood Services, General, as shown in the attached Exhibits
'A' and 'B'.
BACKGROUND:
The proposed rezoning request is an approximately 11 -acre portion of a larger 50 -acre parcel to
the east of Old Missouri Road, between Rolling Hills Drive to the north and Oakcliff Street to the
south. The property is currently undeveloped and zoned RSF-4, Residential Single-family, 4 Units
per Acre. Along with 11,000 acres of other property on the periphery of the City's boundaries, the
subject property was annexed in to Fayetteville in 1967. To the subject property's north, the City's
Master Street Plan indicates a Planned Principal Arterial link connecting Rolling Hills Drive in the
west with Old Wire and Crossover Roads to the east. Although not identified as being within
Hillside -Hilltop Overlay District, the property is heavily -vegetated with a significant downward
grade from southeast to northwest.
Request: The request is to rezone the property from RSF-4, Residential Single-family, 4 Units per
Acre to NS -G, Neighborhood Services, General, in order prepare the parcel for development.
Land Use Compatibility: The proposed zoning is compatible with surrounding land use patterns
in this area, which includes a mixture of residential and non-residential development. Although
this area of Fayetteville is predominantly detached single-family in character, those properties in
close vicinity to the requested rezoning range from office and institutional uses the west,
undeveloped and school properties to the north, and attached housing to the southwest. The
proposal of NS -G zoning with access to the Collector -classified Old Missouri Road, between a
Collector, Old Wire Road, to the south, and a Principal Arterial, Rolling Hills Drive, to the north
Mailing Address:
113 W. Mountain Street www_fayetteville-ar.gov
Fayetteville, Aft 72701
can take advantage of existing infrastructure and minimize future traffic needing to enter or pass
through low-volume residential streets. Furthermore, by locating potentially low- to medium -
intensity residential and non-residential uses on the subject property, a natural transition can be
created from the aforementioned major transportation routes to future growth on undeveloped
properties to the east.
Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map
(FLUM) and consistent with the Residential Neighborhood Area designation of the subject
property and surrounding area. The location of the requested rezoning is complimentary of the
guidelines of City Plan 2030 for higher intensity non-residential uses along connecting corridors.
As mentioned, the subject property can access the Collector -classified Old Missouri Road, and is
within an 1/8th of a mile of two other major transportation routes: Old Wire Road and Rolling Hills
Drive. Additionally, this rezoning request addresses the future extension of Rolling Hills Drive
eastward as indicated by the Master Street Plan, which will place the subject property on a
potentially significant intersection serving a large area of residential housing.
Among the goals in City Plan 2030, the proposed rezoning represents the potential for appropriate
infill development, development in a traditional town form pattern, and a means of discouraging
suburban sprawl. Although a sanitary sewer extension is likely needed to facilitate development,
other City infrastructure and amenities are already in place and available for access, thereby
reducing the strain on City infrastructure and amenities that would result from similar development
in a sprawl location. Similarly, the requested NS -G zoning district encourages patterns of
development that result in realizing the City's goal of making traditional town form the standard.
This includes the expectation that buildings be located at the street and on corners, thereby
creating an environment appealing to pedestrians and reducing the visual impact of parking areas,
while also limiting permitted uses to those that are complementary to adjacent neighborhoods. A
mixture of residential and commercial uses, which is permitted by the NS -G zoning district, is
typical in a traditional urban form, with buildings addressing the street.
DISCUSSION:
On June 12, 2017, the Planning Commission forwarded the proposal to City Council with a
recommendation for approval passed by a vote of 6-1-0. Commissioner Belden voted `no'.
BUDGET/STAFF IMPACT:
N/A
Attachments:
w Exhibit A
Exhibit B
• Application
■ Planning Commission Staff Report
}
RZN 17-5803
Close Up View
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Legend
R -C
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RI -12
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Planning Area
Fayetteville City Limits
Shared Use Paved Trail
Trail (Proposed)
Building Footprint
Feet
0 75 150 300 450 600
1 inch = 200 feet
17-5803
EXHIBIT 'A'
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RS F-4
Residential -Office
P-1
17-5803
EXHIBIT 'B'
LEGAL OESCRIPTION: (PLEZONE TO NSG)
A part: of the SW1A of the NE 1/4 of Section 36, T1 7N, R30W in Washington County, Arkansas, and:
being described as follows: Commencing at the BVD! Corner of sald SW 1 !4" NEI/4, thence
S47`1 9'01"W 103,81 feet, thence 1 12°31'05"VV 60.21 feet to the POINT OF BEGINNING ; thence
N1203 1'05"W 1° 8.91 feet, thence N 1 9"07'20"W 288.26 feet,: thence N70"82"39"E 20.00 feet, thence
N19007"21"W 370.00 feet, thence S871 4'50"E 748.99 feet, thence O"VV 32.1:2 feet, thence
along a non tangent curve to the right 125.32 feet, said curve having a radius of 538.69 feat and:
chord bearing and distance of S22'49'33"W125.04 feet, thence S29°'29'25"W 355.66 feet to a :point
of cure to the I0264.88 feet, said curve having a radius of 608.69 feet and a chord bearing and
distance of S17°01'25"W 262.80 feet, thence SO4"33'25"VV 28.59 feet„ thence S67°13`38"W 59;92
feet to a point of curve to the rig ht66.83 feet, said curve having a radius of 1, 50. 00 feet and a chord
bearing and distance sof S79'59'24"W 66,27 feet, thenoe-IN157"14'50"W 84.85 feet to the POINT OF
BEGINNING, Containing 8.08 aures, more or less:, subject to easements and right of ways of record.
ARKANSAS
REZONING
1 OR STAT F [I,SI: ONLY
FEE,- 5325,00
.Sign I• e. S5,01
Dcite :,Jpplicolion Submitted:
SME
]]cite jecepted cis Complete:
pp#:
Case i Appeal ..k`mber,'
Public Heating Dale:
or+e.
Please fill out this form completely, supplying all necessary information and documentation to support your request.
Your application wilt not tie placed on the Planning Commission agenda nniil this infornlalion rs furnisher!.
Indicate one ct)ntnet person for this request:
.Applicant (persal) nicking requesiJ:
.k;rit'3a KEcc.r'••t.�
'game:
Site Address; Location.
Applicant.t 13epresentative
Representative (engineer, surveyor, realtor, etc.):
Address:
s••�--
Phonf;: � 1
Pas:
f 1 _
C'ui7ent lonino District' _
Requested Zoning District:
Assessors Parcel cumber(s) for subject property:
1-TVA,V'CIAL 1;VTEREN7S
The Following entities and r or people. have financial interest in dii; project:
,Varck 2014
page r
APPLI('ANTiRL•PRIs:SF_;'v'T,47'1YE: I certity under penalty ofperlury thattlie foregoing tatemems and answer's
herein made all data, information, and evidence herewith sub-iited at•e in all respects, to the best of my knowledge
and belief, true and corrCct. I understand that sit httlitta! of incorrect or false information is grounds f:!r imnlidation
of application cotnpleteness, determination, or approval. I understand that the City might not approve what l an:
applying for, or might set condition, on approval.
1a!n_ ttirintei!}. sv /_ E`� _ %j, �� i° 9 .`` 7'11a lJete:
` i4 tIattire: {` r
L
pR0PERT Y0;F.• E1?(S)1?1 UTHORIZED AGENT 10'wc certify, under penaitp Oi perjury that l arnr' arc the
o-wncr(s} of the pmprrty that is the subject of this ahplicatton and that I?tre have read this application and consent to
Its ftl in=. ([J -signed signed !ry fhc authoriWel agent, a lefter from each properft riaa rrer nrta,sr tie provided indicrifing than
the agent is authorized to act on his/her behalf.)
Property Owners of Record (attach addtu(}fart info LfYtLt'eSsuPt;i:
h'3trce (printed) ri dress:
Si manrrt:. t�?
.~
Gate: I }
Name (printed); - Address:
i c;nature:
Date: ---
Rezoning Checklist:
rltictch 117e folft)win!� hems to itis cipf�lr'catir_>tt
(1) Payment in full of applicable I'm,, for processing the: application:
$325M application fee
S5M public notification sign
(p i A legal description of property to he rezoned. A survey n ay b� required if the
property description can not accurately be piattted or if ii is degcrif eel by referrins to
other deeds.
i ;) CD containing a copy of the legal description in MS Word and all rcquired
submittal items should be also included on the CD in PDF format.
4) A copy o#'tile county) -cel map frost tete �\Iashingtt;n C't,ulity Assessor'S office or
from the Washinatott County website The suble:ct
property and all adjacent parcels s_houltf he identified on this parcel snap. The owner's
name; official mailing address, and the parcel number for every adjacent property shall
be; shown on this map.
V
m
CITY O
FAYETTEVILLE
ARKANSAS
TO:
THRU:
FROM:
MEETING DATE
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Andrew Garner, City Planning Director
Jonathan Curth, Senior Planner
June 12, 2017 (Updated with Planning Commission Results)
SUBJECT: RZN 17-5803: Rezone (E. OF OLD MISSOURI RD. & ROLLING HILLS
DR./KEENAN, 253- 254): Submitted by JORGENSEN & ASSOCIATES
for property EAST OF OLD MISSIOURI RD. & ROLLING HILLS DR. The
property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
ACRE and contains approximately 10.86 acres. The request is to rezone
the property to NS -G, NEIGHBORHOOD SERVICES, GENERAL
RECOMMENDATION:
Staff recommends forwarding RZN 17-5803 to the City Council with a recommendation of
approval, based on the findings herein.
BACKGROUND:
The proposed rezoning request is an approximately 11 -acre portion of a larger 50 -acre parcel to
the east of Old Missouri Road, between Rolling Hills Drive to the north and Oakcliff Street to the
south. The property is currently undeveloped and zoned RSF-4, Residential Single-family, 4 Units
per Acre. Along with 11,000 acres of other property on the periphery of the City's boundaries, the
subject property was annexed in to Fayetteville in 1967. To the subject property's north, the City's
Master Street Plan indicates a Planned Principal Arterial link connecting Rolling Hills Drive in the
west with Old Wire and Crossover Roads to the east. Although not identified as being within
Hillside -Hilltop Overlay District, the property is heavily -vegetated with a significant downward
grade from southeast to northwest. Surrounding land use and zoning is provided on Table 1.
Table 1
Surroundinq Land Use and Zoning
Direction
Land Use
Zoning
North
Undeveloped
RSF-4, Residential Single-family, 4 Units perAcre
South
Undeveloped
RSF-4, Residential Single-family, 4 Units per Acre
East
Undeveloped
RSF-4, Residential Single-family, 4 Units per Acre
West
Good Shepard Lutheran Church
Butterfield Plaza Offices
P-1, Institutional
R-0, Residential Office
Request: The request is to rezone the property from RSF-4, Residential Single-family, 4 Units per
Acre to NS -G, Neighborhood Services, General, in order prepare the parcel for development.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Public Comment: Staff has received comment from one individual who is expressly opposed to
the request. Their opposition stems from a desire to not live next to commercial development or
attached residential housing, both of which are permitted within the NS -G zoning district.
INFRASTRUCTURE:
Streets: The subject portion of this parcel has access to Old Missouri Road, an improved
Collector -classified street with full right-of-way, curb, and gutter. Sidewalk
however, is not present along the subject property's frontage. Any street
improvements required in this area will be determined at the time of development
proposal.
Water: Public water is available to the site. A 6 -inch water main runs along the Old
Missouri Road right-of-way and is available for service. To the east is a large 36 -
inch transmission line within a 40 -foot easement which is not available for
connection.
Sewer: Public sewer is not currently available to the site. The nearest sanitary sewer
access is a 6 -inch sewer main that terminates at the east end of Rolling Hills
Drive. Development of this property will likely necessitate an extension of existing
sanitary sewer mains.
Drainage: Any additional improvements or requirements for drainage would be determined
at the time of development. No portion of the subject property lies within the
FEMA designated 100 -yr floodplain and no protected streams are present on the
subject property. Although no portion of the property is designated as Hillside -
Hilltop Overlay District (HHOD), there are some areas of 15% or greater slope.
Fire: The Fire Department did not express any concerns with this request.
Police: The Police Department did not express any concerns with this request.
CITY PLAN 2025 FUTURE LAND -USE PLAN:- City Plan 2030 Future Land Use Plan designates
the properties within the proposed rezone as Residential Neighborhood Area.
Residential Neighborhood Areas are primarily residential in nature and support a variety of
housing types of appropriate scale and context, including single family, multifamily and row -
houses. Residential Neighborhood encourages highly connected, compact blocks with gridded
street patterns and reduced setbacks. It also encourages traditional neighborhood development
that incur orates low-intensit non-residential uses intended to serve the surrounding neighbor-
hood. such as retail and offices on corners and along connecUqg corridors. This designation
recognizes existing conventional subdivision developments which may have large blocks with
conventional setbacks and development patterns that respond to features in the natural envi-
ronment.
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
GAETC\Development Services Review\2017\Development Review\17-5803 RZN E. of Old Missouri &
Rolling Hills (Keenan) 253-254\03 Planning Commission\6-12-2017
Finding: Land Use Compatibility: The proposed zoning is compatible with
surrounding land use patterns in this area, which includes a mixture of
residential and non-residential development. Although this area of
Fayetteville is predominantly detached single-family in character, those
properties in close vicinity to the requested rezoning range from office and
institutional uses the west, undeveloped and school properties to the north,
and attached housing to the southwest. The proposal of NS -G zoning with
access to the Collector -classified Old Missouri Road, between a Collector,
Old Wire Road, to the south, and a Principal Arterial, Rolling Hills Drive, to
the north can take advantage of existing infrastructure and minimize future
traffic needing to enter or pass through low-volume residential streets.
Furthermore, by locating potentially low -to medium -intensity residential and
non-residential uses on the subject property, a natural transition can be
created from the aforementioned major transportation routes to future
growth on undeveloped properties to the east.
Land Use Plan Analysis: The proposed zoning is compatible with the Future
Land Use Map (FLUM) and consistent with the Residential Neighborhood
Area designation of the subject property and surrounding area. The location
of the requested rezoning is complimentary of the guidelines of City Plan
2030 for higher intensity .non-residential uses along connecting corridors.
As mentioned, the subject property can access the Collector -classified Old
Missouri Road, and is within an. 1/8t" of a mile of two other major
transportation routes: Old Wire Road and Rolling Hills Drive.
Among the goals in City Plan 2030, the proposed rezoning represents the
potential for appropriate infill development, development in a traditional
town form pattern, and a means of discouraging suburban sprawl. Although
a sanitary sewer extension is likely needed to facilitate development, other
City infrastructure and amenities are already in place and available for
access, thereby reducing the strain on City infrastructure and amenities that
would result from similar development in a sprawl location. Similarly, the
requested NS -G zoning district encourages patterns of development that
result in realizing the City's goal of making traditional town form the
standard. This includes the expectation that. buildings be located at the
street and on corners, thereby creating an environment appealing to
pedestrians and reducing the visual impact of parking areas, while also
limiting permitted uses to those that are complementary to adjacent
neighborhoods. A mixture of residential and commercial uses, which is
permitted by the NS -G zoning district, is typical in a traditional urban form,
with buildings addressing the street.
Lastly, this area of the City has many residents living in large numbers of
low- to medium -density single-family homes without ready access to non-
residential goods. The nearest retail and services are along the College
Avenue corridor approximately a mile to the west. This development pattern
has resulted in many residents being required to drive to meet any daily
needs, and contributing to congestion along Rolling Hills Drive and other
routes. The FLUM designation of this area as Residential Neighborhood
recognizes this issue in encouraging appropriate non-residential uses, and
GAETC\Development Services Review\2017\Development Review\17-5803 RZN E. of Old Missouri &
Rolling Hills (Keenan) 253-254\03 Planning Commission\6-12-2017
the applicant's proposal for NS -G along this connecting corridor could help
alleviate the lack of accessible services in the 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 to allow for mixed -uses and
to promote walkable developments, which are generally not permitted by -
right under the existing RSF-4 zoning district. The proposed NS -G,
Neighborhood Services, General, zoning will encourage appropriate
commercial or residential development on a parcel with direct access to
major connecting corridors and in an area that has seen limited provision of
retail and services. The NS -G zoning district is designed primarily to promote
neighborhood businesses that are complementary and compatible in scale,
aesthetics, and use with surrounding land uses.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding- The NS -G zoning district allows a limited range of commercial activity and a
residential density that is greater than that allowed under the current RSF-4-
zoning district. Given the property's undeveloped state, any development
would invariably create the potential for increased traffic in the area. That
said, and as previously noted, the property is located on Old Missouri Road,
a Collector -classified street, and in close proximity to Rolling Hills Drive and
Old Wire Road, Arterial and Collector streets respectively. There are not
currently any signalized intersections in the immediate vicinity of the subject
property, but this may change and be required in association with a
proposed development submittal. While there will be an appreciable increase
in traffic with any development, direct access to Old Missouri Road will likely
limit the intrusion of through traffic into adjacent neighborhoods.
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: Due to the property being currently undeveloped, development under the
current zoning or the proposed zoning will result in an increase in the load
on public services. That said, this increase has the potential to be greater
than under the existing RSF-4 zoning, depending on the type of
development. For example, a non-residential development would not create
any density -nor adversely increase the load on schools compared to single-
family housing, but may place greater demands on public water and sewer.
In the instance of residential housing being developed, a rezoning to NS -G
may increase the population density to an amount greater than the existing
RSF-4. NS -G allows for 18 units per acre, while RSF-4 allows 4 units per acre.
Despite these potential and varying impacts, the subject property has access
to existing infrastructure, and is an area where staff does not feel a
development would have significant adverse impacts on public services or
facilities. Additionally, neither the Police nor Fire Departments have
expressed objections to the proposal.
G1ETC\Development Services Review\2017\Development Review\17-5803 RZN E. of Old Missouri &
Rolling Hills (Keenan) 253-254\03 Planning Commission\6-12-2017
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 17-5803 to the City Council with a
recommendation of approval, based on the findings discussed throughout this report.
PLANNING COMMISSION ACTION: Required YES
Date: June 12, 2017 O Tabled ® Forwarded O Denied
Motion: Quinlan
Second: Brown
I Vote: 6-1-0
CITY COUNCIL ACTION: Required YES
Date: July 6, 2017 (plannedl O Approved O Denied
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.03, RSF-4, Residential Single-family, 4 Units per Acre
o §161.20, NS -G, Neighborhood Services — General
o §162.01, Unit_ 12b, General Business
• Request letter
• Rezone Exhibit
• One Mile Map
Close -Up Map
• Current Land Use Map
• Future Land Use Map
GAETC\Development Services Review\2017\Development Review\17-5803 RZN E of Old Missouri &
Rolling Hills (Keenan) 253-254\03 Planning Commission\6-12-2017
161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments, as well as to protect existing development of these types.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development I
(C) Density.
Single-family Two (2) family
dwellings dwellings
Units per acre 4 or less 7 or less
(D) Bulk and Area Regulations.
Single-family Two (2) family
G:\ETC\Development Services Review\2017\Development Review\17-5803 RZN E. of Old Missouri &
Rolling Hills (Keenan) 253-254\03 Planning Commission\6-12-2017
dwellings
dwellings
Lot minimum
70 feet
80 feet
width
Lot area
8,000 square
12,000 square
minimum
feet
feet
Land area per
8,000 square
6,000 square
dwelling unit
feet
feet
Hillside Overlay
District Lot
60 feet
70 feet
minimum width
G:\ETC\Development Services Review\2017\Development Review\17-5803 RZN E. of Old Missouri &
Rolling Hills (Keenan) 253-254\03 Planning Commission\6-12-2017
w
Hillside Overlay
District Lot
8,000 square
12,000 square
feet
feet
area minimum
Land area per
8,000 square
6,000 square
dwelling unit
feet
feet
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations
Building Height Maximum 45 feet
Height Regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that
exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses.
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord, No 4858, 4-18-06; Ord, No.
5028, 6-19-07; Ord No 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord.
No. 5921 , §1, 11-1-16)
G:\ETC\Development Services Review\2017\Development Review\17-5803 RZN E. of Old Missouri &
Rolling Hills (Keenan) 253-254\03 Planning Commission\6-12-2017
161.19 - Neighborhood Services — General
(A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium
intensity. Neighborhood Service, General 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 right
Unit 8
Single-family dwellings
Unit 9
Two (2) family dwellings
Unit 10
Three (3) and four (4) family dwellings
Unit 12b
General Business
Unit 24
Home occupations
Unit 41
Accessory dwelling units
Unit 44
Cluster Housing Development
i
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
r
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 13
4 Eating places
Unit 16
Shopping Goods
Unit 19
T
Commercial recreation, small sites
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 36 N
Wireless communication facilities*
Unit 40
Sidewalk cafes
Unit 45
Small scale production
(C) Density. Eighteen (18) or less per acre.
(D) Bulk and Area.
(1) Lot Width Minimum.
All Dwellings 35 feet
All other uses None
G:\ETC\Development Services Review\2017\Development Review\17-5803 RZN E. of Old Missouri &
Rolling Hills (Keenan) 253-254\03 Planning Commission\6-12-2017
(2) Lot Area Minimum
Single-family 4,000 square feet
Two (2) family or 3,000 square feet per dwelling
more unit
All other uses None
(E) Setback Regulations.
Front: Side Rear, when contiguous to a single-family
Side -Zero Lot Line i Rear E residential district
A setback of less than five
A build -to -zone that is feet (zero lot line) is
located between the 5 permitted on one interior
front property line and feet side, provided a None 15
a line 25 ft. from the maintenance agreement is feet
front property line. filed. The remaining side
setback shall be 10 feet.
(F) Building height Regulations
Building Height Maximum 45 feet
(G) Minimum Buildable Street Frontage. 50% of the lot width
G:\ETC\Development Services Review\2017\Development Review\17-5803 RZN E. of Old Missouri &
Rolling Hills (Keenan) 253-254\03 Planning Comm ission\6-1 2-2017
162.01 - Establishment/Listing
(L) Unit 12b. General Business.
(1) Description. Unit 12b consists of small-scale establishments offering commercial goods and services that
are accessible for the convenience of individuals living in residential districts, while compatible in size, scale
and appearance with the surrounding neighborhood. These uses shall be subject to the regulations in
Chapter 164. All uses classified under Unit 12b must be within a building containing 8,000 square feet or
less, excluding area dedicated to residential uses.
(2) Included Uses.
G:\ETC\Development Services Review\2017\Development Review\17-5803 RZN E. of Old Missouri &
Rolling Hills (Keenan) 253-254\03 Planning Commission\6-12-2017
• Day care
Personal Services:
• Dry Cleaning
(Maximum gross floor area of 1500
square feet)
• Salon/Barber shop
I • Tailoring
• Antique/home decor
Specialized Retail:
9
sales
(Maximum gross floor area of 2,000
• Apparel
square feet)
. Art/architectural
supplies
• Bakery, Pastry shops
• Bicycle Shops
Bookstore
Coffee
•Coffee shop
?
• Delicatessen
• Drugstore
• Florist -
• Food specialty stores
1 • Grocery
• Hardware
i• Health food store
• Hobby/Craft Stores
• Ice cream
• Meat Market
• Restaurant/cafe
• Small appliance repair
• Stationary Store
• Toy store
• Video rental
Professional Offices:
• Accountant
(Maximum gross floor area of 3000
• Architect
square feet)
• Attorney
G:\ETC\Development Services Review\2017\Development Review\17-5803 RZN E. of Old Missouri &
Rolling Hills (Keenan) 253-254\03 Planning Commission\6-12-2017
• Broker I
• Business/Mgmt
Consultant
• Doctor
GAETC\Development Services Review\2017\Develop ment Review\17-5803 RZN E of Old Missouri &
Rolling Hills (Keenan) 253-254\03 Planning Comm ission\6-12-2017
124 W Sunbridge Drive, Suite 5
' J O R G E N S E N Fayetteville, AR 72703
Office: 479.442.9127
+ASSOCIATES RZN 17-5803 Fax: 479.582.4807
Request Letter
4/13/17
City of Fayetteville
113 W Mountain
Fayetteville, AR. 72701
Att: Planning Dept.
Re: Rezoning Request (Keenan)
Attached please find information pertaining to a rezoning request for James Keenan. This property consists of
10.86 acres and Old Missouri Rd runs along the south boundary. An 8" water line runs along this street. Sewer
is available at the intersection of Rolling Hills and Old Missouri Rd. The existing property is RSF-4 and the
request is to rezone to Neighborhood Services -General. This new zoning will allow a mixed use area of medium
intensity which promotes a walkable development.
Please place this on the agenda for review.
Thank you.
Sincerely;
David L. Jorgensen, P.E.
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Dear Andrew
My name is Tanya Owen and I am writing about a proposed rezoning issue on your
agenda tonight. I have spoken with Jorgensen & Associates and I believe I understand
what is being requested. My home will be approximately iioo ft from this
development.
I am personally very concerned about increasing traffic flow on the already congested
Old Missouri/ Old Wire interchange. Further, I do not see the need for additional
commercial space in Fayetteville, when the center directly across the street from this
proposed rezoning already has multiple places that are usually (as they are now)
unoccupied. Finally and selfishly, I am concerned about bringing additional commercial
traffic to this area, which is so near to Butterfield Elementary. While my children have
aged out of this school, this is our neighborhood school and having commercial entities
so close to the children is entirely unnecessary, given the numerous commercial spaces
for lease in Fayetteville. My husband and I are both small business owners in
Fayetteville and we have numerous choices when looking for office space, such as what
is being proposed. I see no need for more.
Thank you for your consideration.
Tanya
Tanya Rutherford Owen, Ph.D., CRC, CLCP, LPC
Owen Vocational Services, Inc.
113o E Millsap
Fayetteville, AR 72703
(479) 695-1772
Fax (501) 421-6043
NoRTHWESTARKANsm
Democrat
Voavfte
P I~SCt. COT PAVE -I- ti . 2.02 4^79 442--1700 `A ,x VV . si.Af .] CJ"M
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. 5987
Was inserted in the Regular Edition on:
July 27, 2017
Publication Charges: $ 75.40
qDCL-./
Karen Caler
Subscribed and sworn to before me
This 2 day of 19A &I 2017.
d�U IA�,&
Notary Public (� My Commission Expires: ,._,�J f24�
CATHY WILES
Arkansas - Benton County �)
v Public - Cornm# 12397118
Oanmission Expires Feb 20, 2024:
l
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
RECEIVED
AUG 082017
CITY CLERK'S OFFICE
Ordinance: 5987
File Number: 2017-0335
RZN 17-5803: (E. OF OLD MISSOURI
RD. & ROLLING HILLS DR. KEENAN)-
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 17-5803 FOR
APPROXIMATELY 10.86 ACRES
LOCATED EAST OF THE
INTERSECTION OF OLD MISSOURI
ROAD AND ROLLING HILLS DRIVE
FROM RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE TO NS -G,
NEIGHBORHOOD SERVICES,
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 NS -G, Neighborhood Services,
General.
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 7/18/2017
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
74213783 July 27, 2017