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HomeMy WebLinkAboutORDINANCE 600801. fhYf•I�E,. i r. e i. x�JKu 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6008 File Number: 2017-0598 Doc ID: 017816930004 Type: REL Kind: ORDINANCE Recorded: 01/10/2018 at 08:54:23 AM Fee Amt: $30.00 Paqe 1 of 4 Washinqton County, AR Kyle Sylvester Circuit Clerk File2018-00001000 RZN 17-5933 (1324 W. CLEVELAND ST./ARKANSAS LEGACY, LLC): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17- 5933 FOR APPROXIMATELY 3.29 ACRES LOCATED AT 1324 WEST CLEVELAND STREET FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION AND RI -U, RESIDENTIAL INTERMEDIATE -URBAN 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 and RI -U, Residential Intermediate -Urban subject to a Bill of Assurance. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 11/7/2017 APp roy&l: Attest: SondraE. Smith, CityClerkTreasure3 r•.S're ;1--AYET1'EViLU felf,�1��1!1iYi!1 I ,\%�� Page 1 Printed on 11/8/17 17-5933 EXHIBIT'S' EXHfBIT #1 - SURVEY DESCRIPTIONS OF PROPERTY TO BE REZONED WASHINGTON COUNTY PARCEL: 765-02582-000 STREET ADDRESS: 1324 W CLEVELAND ST FAYETTEVILLE, AR 72701 SURVEY DESCRIPTION: A PART OF THE NE 1/4 OF THE SE 1/4 OF SECTION 8, T -16-N, R -30-W, DESCRIBED AS BEGINNING AT A POINT WHICH IS S87'1 1'39"E 315.00 FEET FROM THE SW CORNER OF SAID NE1/4 OF THE SE1/4, SAID POINT OF BEGINNING BEING A CHISELED "X"; THENCE N2020'54"E 164.50 FEET TO A FOUND IRON PIPE; THENCE N86°43'35"W 61.55 FEET TO A SET IRON PIN; THENCE S2°30'33"W 165.00 FEET TO A CHISELED "X"; THENCE S87'1 1'39"E 62.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.23 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. WASHINGTON COUNTY PARCEL: 765-02590-000 STREET ADDRESS: 1326 W CLEVELAND ST FAYETTEVILLE, AR 72701 SURVEY DESCRIPTION: A PART OF THE NE1/4 OF THE SE1/4 OF SECTION 8, T -16-N, R -30-W DESCRIBED AS BEGINNING AT A POINT WHICH IS S87'1 1'39"E 165.00 FEET FROM THE SW CORNER OF SAID NE1/4 OF THE SE1/4, SAID POINT OF BEGINNING BEING A SET IRON PIN; THENCE S87°11 '39"E 88.00 FEET TO A CHISELED "X"; THENCE N2°30'33"E 165.00 FEET TO A SET IRON PIN; THENCE S86043'35"E 61.55 FEET TO A FOUND IRON PIPE; THENCE N2034'33"E 363.50 FEET TO A FOUND IRON PIN; THENCE N86'57'1 0"W 149.82 FEET TO A FOUND IRON PIN; THENCE S2031'32"W 528.63 FEET TO THE POINT OF BEGINNING, CONTAINING 1.58 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. WASHINGTON COUNTY PARCEL: 765-02588-000 STREET ADDRESS: 1338 W CLEVELAND ST FAYETTEVILLE, AR 72701 SURVEY DESCRIPTION: A PART OF THE N1/2 OF THE SE1/4 OF SECTION 8, T -16-N, R -30-W DESCRIBED AS BEGINNING AT THE SW CORNER OF THE NE1/4 OF SAID SE1/4; THENCE S87'1 1'39"E 165.00 FEET TO A SET IRON PIN; THENCE N2°31'32"E 528.63 FEET TO A FOUND IRON PIN; THENCE N87°22'00"W 176.44 FEET TO A SET IRON PIN WHICH IS 11.3 FEET WEST OF THE EAST LINE OF THE NW1/4 OF THE SE1/4; THENCE S3°20'55"W 279.16 FEET TO A FOUND IRON PIPE WHICH IS 15.4 FEET WEST OF THE EAST LINE OF THE NW1/4 OF THE SE1/4; THENCE S2°43'35'W 228.84 FEET TO A FOUND IRON PIN; THENCE S86050'49"E 16.25 FEET TO A SET IRON PIN; THENCE ALONG THE WEST LINE OF SAID NE1/4 OF THE SE1/4, S2030'33"W 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2.17 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. PROPERTY TO BE REZONED FROM RSF4 TO NEIGHBORHOOD CONSERVATION -1.41 ACRES SURVEY DESCRIPTION: A PART OF THE N1/2 OF THE SE1/4 OF SECTION 8, T -16-N, R -30-W DESCRIBED AS BEGINNING AT THE SW CORNER OF THE NE1/4 OF SAID SE1/4; THENCE S87'1 1'39"E 23.75 FEET; THENCE N2043'35"E 275.00 FEET; THENCE S87'1 1'39"E 90.00 FEET; THENCE N2°43'35"E 123.00 FEET; THENCE S8701 1'39"E 142.74 FEET; THENCE N2°43'35"E 130.23 FEET; THENCE N86057'1 0"W 93.34 FEET TO A FOUND IRON PIN; THENCE N87022'00"W 176.44 FEET TO A SET IRON PIN WHICH IS 11.3 FEET WEST OF THE EAST LINE OF THE NW1/4 OF THE SE1/4; THENCE S3°20'55"W 279.16 FEET TO A FOUND IRON PIPE WHICH IS 15.4 FEET WEST OF THE EAST LINE OF THE NW1/4 OF THE SE1/4; THENCE S2°43'35'W 228.84 FEET TO A FOUND IRON PIN; THENCE S86050'49"E 16.25 FEET TO A SET IRON PIN; THENCE ALONG THE WEST LINE OF SAID NE1/4 OF THE SE1/4, S2°30'33"W 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1.41 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. PROPERTY TO BE REZONED FROM RSF4 TO RESIDENTIAL INTERMEDIATE URBAN -1.88 ACRES SURVEY DESCRIPTION: A PART OF THE N1/2 OF THE SE1/4 OF SECTION 8, T -16-N, R -30-W DESCRIBED AS BEGINNING AT A POINT WHICH IS S8701 1'39"E 165.00 FEET FROM THE SW CORNER OF NE1/4 OF THE SE1/4, SAID POINT OF BEGINNING BEING A SET IRON PIN; THENCE S87011 '39"E 88.00 FEET TO A CHISELED "X"; THENCE S87011 '39"E 5.00 FEET; THENCE N2°30'33"E 398.00 FEET; THENCE N87'1 1'39"W 142.74 FEET; THENCE S2°43'35"W 123.00 FEET; THENCE N8701 1'39"W 90.00 FEET; THENCE S2°43'35"W 275.00 FEET; THENCE S8701 1'39"E 141.25 FEET TO THE POINT OF BEGINNING, CONTAINING 1.88 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. 17-5933 EXHIBIT 'C' 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") Arkansas Legacy LLC, hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the 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. In the area proposed to be rezoned to Residential Intermediate - Urban (RI _U), development of the property will be limited to a residential density of no more than 18 units per acre. 2. 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. Washington County, AR I certify this instrument was filed on 01/10/2018 08:54:23 AM and recorded in Real Estate File Nu�V- 0001000 Kyle Sy clerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 it a i_;il (479) 575-8323 Text File File Number: 2017-0598 Agenda Date: 11/7/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C 3 RZN 17-5933 (1324 W. CLEVELAND ST./ARKANSAS LEGACY, LLC): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-5933 FOR APPROXIMATELY 3.29 ACRES LOCATED AT 1324 WEST CLEVELAND STREET FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION AND RI -U, RESIDENTIAL INTERMEDIATE -URBAN 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 and RI -U, Residential Intermediate -Urban subject to a Bill of Assurance. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 1118/2017 Andrew Garner City of Fayetteville Staff Review Form 2017-0598 Legistar File ID 11/7/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/20/2017 City Planning/ Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: RZN 17-5933: Rezone (1324 W. CLEVELAND ST./ARKANSAS LEGACY, LLC. 443): Submitted by COMMUNITY BY DESIGN, INC. for properties at 1324 W. CLEVELAND ST. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains approximately 3.29 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION and RI -U, RESIDENTIAL INTERMEDIATE -URBAN, subject to a Bill of Assurance. Account Number Project Number Budgeted Item? NA Budget Impact: 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 # Original Contract Number: Comments: Fund Project Title Approval Date: V20140710 I ' CITY COUNCIL AGENDA MEMO CITY OF FAYETTE'#fIL .E ARKANSAS MEETING OF NOVEMBER 7, 2017 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, Planning Director FROM: Quin Thompson, Current Planner DATE: October 20, 2017 SUBJECT: RZN 17-5933: Rezone (1324 W. CLEVELAND STJARKANSAS LEGACY, LLC. 443): Submitted by COMMUNITY BY DESIGN, INC. for properties at 1324 W. CLEVELAND ST. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains approximately 3.29 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION and RI -U, RESIDENTIAL INTERMEDIATE -URBAN, subject to a Bill of Assurance. RECOMMENDATION: The City Planning staff and Planning Commission recommend approval of an ordinance to rezone the subject property to NC, Neighborh000d Conservation and RI -U, Residential Intermediate — Urban, subject to a Billl of Assurance, and as shown in the attached Exhibits `A' `B' and `C'. BACKGROUND: The property is located on the north side of Cleveland Street, just east of Razorback Road. The site contains two existing single-family homes that were constructed in the 1920's. The property contains approximately 3.29 acres, and is zoned RSF-4, Residential Single-family. The property is surrounded by a variety of land uses and zoning designations including the University of Arkansas campus across Cleveland Street to the south. The applicant owns a narrow sliver of land adjacent to the east that is undeveloped and currently zoned RMF -24, Residential Multi- family 24 units per acre. Request: The property owner requests to rezone the western 1.41 acres of the property to NC, Neighborhood Conservation and the eastern 1.88 acres of the property to RI -U, Residential Intermediate -Urban, zoning districts as shown on the attached exhibits. The applicant has submitted a Bill of Assurance that will restrict the maximum density within the proposed RI -U portion to a maximum of 18 units per acre. Land Use Compatibility: The proposed zoning is compatible with surrounding land uses, which display a wide range of residential types and densities, from established a low density single- family neighborhood pattern to the west, to a very high density student dormitory across Cleveland to the south. The proposed zoning places higher density multi -family development potential toward the east side of the property, adjacent to exiting multi -family development and RMF -24 zoned land, and begins to taper development potential adjacent to existing single-family Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 properties with the NC zone, in which only single-family residential units are allowed by right, with density capped at 10 units per acre. This strategy places the most intense and dense uses near existing similar uses, and further from single-family homes to the west. Land Use Plan Analysis: The proposal is consistent with the goals of the City Plan 2030 Future Land Use Map, which designates this property as City Neighborhood Area, which anticipates a wide variety of land uses, including dense residential development and commercial uses where appropriate. The proposed zonings allow development patterns that encourage traditional town forms intended to decrease vehicle trips and create walkable environments. In staff opinion, increased residential density adjacent to the UARK campus is likely to result in developments meeting these goals. DISCUSSION: On September 25, 2017, the Planning Commission forwarded the proposal to City Council with a recommendation for approval passed by a vote of 9-0-0. Several commissioners stated on the record that the Bill of Assurance was unnecessary and they recommended the council not accept it. No public comment was made. BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A ■ Exhibit B • Exhibit C ■ Application ■ Planning Commission Staff Report RZN 17-5933 AR. LEGACY, LLC 17-5933 EXHIBIT 'A' Close up View RSF-4 Proposed NC 0 r z U) Proposed RI -U CLEVELAND ST ca w Ix > 4 Y �J > J O f0 PA .J t� 11 PUBLIC 591 A& NORTH Legend FiSF-4 Hillside -Hilltop Overlay District RMF -24 Planning Area ~-- Feet P-1 0 75 150 300 450 600 L _ Fayetteville City Limits Trail (Proposed) 1 inch = 200 feet Building Footprint 17-5933 EXHIBIT 'B' EXHIBIT #1 - SURVEY DESCRIPTIONS OF PROPERTY TO BE REZONED WASHINGTON COUNTY PARCEL: 765-02582-000 STREET ADDRESS: 1324 W CLEVELAND ST FAYETTEVILLE, AR 72701 SURVEY DESCRIPTION: A PART OF THE NE 1/4 OF THE SE 1/4 OF SECTION 8, T -16-N, R -30-W, DESCRIBED AS BEGINNING AT A POINT WHICH IS S87'11 1'39"E 315.00 FEET FROM THE SW CORNER OF SAID NE1/4 OF THE SE1/4, SAID POINT OF BEGINNING BEING A CHISELED "X"; THENCE N2°20'54"E 164.50 FEET TO A FOUND IRON PIPE; THENCE N86°43'35"W 61.55 FEET TO A SET IRON PIN; THENCE S2°30'33"W 165.00 FEET TO A CHISELED "X"; THENCE S87'11 1'39"E 62.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.23 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. WASHINGTON COUNTY PARCEL: 765-02590-000 STREET ADDRESS: 1326 W CLEVELAND ST FAYETTEVILLE, AR 72701 SURVEY DESCRIPTION: A PART OF THE NE1/4 OF THE SE1/4 OF SECTION 8, T -16-N, R -30-W DESCRIBED AS BEGINNING AT A POINT WHICH IS S87'1 1'39"E 165.00 FEET FROM THE SW CORNER OF SAID NE1/4 OF THE SE1/4, SAID POINT OF BEGINNING BEING A SET IRON PIN; THENCE S87°11 '39"E 88.00 FEET TO A CHISELED "X"; THENCE N2°30'33"E 165.00 FEET TO A SET IRON PIN; THENCE S86°43'35"E 61.55 FEET TO A FOUND IRON PIPE; THENCE N2°34'33"E 363.50 FEET TO A FOUND IRON PIN; THENCE N86°57'10"W 149.82 FEET TO A FOUND IRON PIN; THENCE S2°31'32"W 528.63 FEET TO THE POINT OF BEGINNING, CONTAINING 1.58 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. WASHINGTON COUNTY PARCEL: 765-02588-000 STREET ADDRESS: 1338 W CLEVELAND ST FAYETTEVILLE, AR 72701 SURVEY DESCRIPTION: A PART OF THE N1/2 OF THE SE1/4 OF SECTION 8, T -16-N, R -30-W DESCRIBED AS BEGINNING AT THE SW CORNER OF THE NE1/4 OF SAID SE1/4; THENCE S87'1 1'39"E 165.00 FEET TO A SET IRON PIN; THENCE N2°31'32"E 528.63 FEET TO A FOUND IRON PIN; THENCE N87°22'00"W 176.44 FEET TO A SET IRON PIN WHICH IS 11.3 FEET WEST OF THE EAST LINE OF THE NW1/4 OF THE SE1/4; THENCE S3°20'55"W 279.16 FEET TO A FOUND IRON PIPE WHICH IS 15.4 FEET WEST OF THE EAST LINE OF THE NW1/4 OF THE SE1/4; THENCE S2°43'35'W 228.84 FEET TO A FOUND IRON PIN; THENCE S86°50'49"E 16.25 FEET TO A SET IRON PIN; THENCE ALONG THE WEST LINE OF SAID NE1/4 OF THE SE1/4, S2°30'33"W 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2.17 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. PROPERTY TO BE REZONED FROM RSF4 TO NEIGHBORHOOD CONSERVATION - 1.41 ACRES SURVEY DESCRIPTION: A PART OF THE N1/2 OF THE SE1/4 OF SECTION 8, T -16-N, R -30-W DESCRIBED AS BEGINNING AT THE SW CORNER OF THE NE1/4 OF SAID SE1/4; THENCE S87'1 1'39"E 23.75 FEET; THENCE N2°43'35"E 275.00 FEET; THENCE S87°11'39"E 90.00 FEET; THENCE N2°43'35"E 123.00 FEET; THENCE S87'1 1'39"E 142.74 FEET; THENCE N2°43'35"E 130.23 FEET; THENCE N86°57'10"W 93.34 FEET TO A FOUND IRON PIN; THENCE N87°22'00"W 176.44 FEET TO A SET IRON PIN WHICH IS 11.3 FEET WEST OF THE EAST LINE OF THE NW1/4 OF THE SE1/4; THENCE S3°20'55"W 279.16 FEET TO A FOUND IRON PIPE WHICH IS 15.4 FEET WEST OF THE EAST LINE OF THE NW1/4 OF THE SE1/4; THENCE S2'43'35'W 228.84 FEET TO A FOUND IRON PIN; THENCE S86°50'49"E 16.25 FEET TO A SET IRON PIN; THENCE ALONG THE WEST LINE OF SAID NE1/4 OF THE SE1/4, S2°30'33"W 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1.41 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. PROPERTY TO BE REZONED FROM RSF4 TO RESIDENTIAL INTERMEDIATE URBAN - 1.88 ACRES SURVEY DESCRIPTION: A PART OF THE N1/2 OF THE SE1/4 OF SECTION 8, T -16-N, R -30-W DESCRIBED AS BEGINNING AT A POINT WHICH IS S87'1 1'39"E 165.00 FEET FROM THE SW CORNER OF NE1/4 OF THE SE1/4, SAID POINT OF BEGINNING BEING A SET IRON PIN; THENCE S87°11 '39"E 88.00 FEET TO A CHISELED "X"; THENCE S87°11 '39"E 5.00 FEET; THENCE N2°30'33"E 398.00 FEET; THENCE N87'1 1'39"W 142.74 FEET; THENCE S2°43'35"W 123.00 FEET; THENCE N87'1 1'39"W 90.00 FEET; THENCE S2°43'35"W 275.00 FEET; THENCE S87'1 1'39"E 141.25 FEET TO THE POINT OF BEGINNING, CONTAINING 1.88 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. 17-5933 EXHIBIT 'C' 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") Arkansas Legacy LLC, hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terns of this Bill of Assurance in the 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. L. In the area proposed to be rezoned to Residential Intermediate - Urban (RI U), development of the property will be limited to a residential density of no more than 18 units per acre. 2. 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 WITH WHER Fan 1 in greemeit with all the tern-ts and conditions stated above, I, u , as the owner, developer or buyer (Petitioner) voluntarily offer all stick assurances an ci sigh_ xny ai<um below. DrZ Printed Name 4� dcl Fess Signature NOTARY OATH STATE OF OREGON COUNTY OF MARION / And now on this the ,2� day of �,$ � 2017 appeared before me, /4r a /7_ , a Notary Public, mid after being Placed upon his/her oath swore or affirme that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above, ,My Unna m ssioll .Expires: NOTARY PUBLIC +�W OFFICIAL STAMP MARVE THOMPSON NOTARY PUBLIC - OREGON COMMISSION NO. 929203 MY COMMISSION EXPIRES JUNE 09, 2018 CITY OF FAYETTEVILLE, ARKANSAS REZONING FOR STAFF USE ONLY FEE. $325.00 Date Application Submitted: Sign Fee: $5.00 Date Accepted as Complete: S -T -R: Case /Appeal Number: PP#: Public Hearing Date: Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished. Application: Indicate one contact person for this request: Applicant (person making request): Name: Arkansas Legacy LLC ATTN: Paul Jeske Address: 5647 Knox St. Merriam, KS 66203 E-mail: jeske.paul@yahoo.com Phone: ( ) 503.930.6709 Fax: Applicant x Representative Representative (engineer, surveyor, realtor, etc.): Name: Community By Design LLC ATTN: Brian Teague Address: 100 W Center St. Suite 300 Favetteville, AR 72701 E-mail: brian@communitybydesignllc.com Phone: ( ) 479.790.6775 { ) Fax: Site Address/ Location: 1324, 1326, 1338 W Cleveland Street Fayetteville. AR 72701 Current Zoning District: RMF24 & RSF4 Requested Zoning District: RMF24, RI -U, NC Assessor's Parcel Number(s) for subject property: 765-02588-000, 765-02590-000, 765-02582-000 FINANCIAL INTERESTS The following entities and / or people have financial interest in this project: Arkansas Legacy LLC March 2014 Page I APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions on approval. 1 I )Verne (printed): Communl��-Design LLC Brian True date �-� 1 -'— — PROPERTY OWNER(S) /AUTHORCLED AGENT. I/we certify under penalty of perjury that 1 am/we are the owner(s) of the propeny that is the subject of this application and that I/we have read this application and consent to its f l ing. (If signed by the authorized agent, a letter front each property owner mast be provided indicating that the agent is authorized to act an his/her behalf.) Property Owners of Record (attach additional info if necessary): Arkansas Legacy LLC 5647 Knox St. Name rinted): Paul Jeske Manager Address: Merriam KS 66203 Phone: 503.930.6709 Name (printed). Address: Signature: Date: Phone: Rezoning Checklist: Attach thefollowing items to this application: (1) Payment in full of applicable fees for processing the application: $325.00 application fee $5.00 public notification sign fee (2) A legal description of the property to be rezoned. A survey may be required if the property description can not accurately be platted or if it is described by referring to other deeds. (3) CD containing a copy of the legal description in MS Word and all required submittal items should be also included on the CD in PDF format. (4) A copy of the county parcel map from the Washington County Assessor's office or from the Washington County website (��w��_c,�_�.�ashiftL�Ic�i3 anus). The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel number for every adjacent property shall be shown on this map. March 10/4 Page 2 V m CITY OF FAYETTEVILLE ARKANSAS TO: THRU: FROM: MEETING DATE PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Quin Thompson, Planner 061--o er-g - 017 UPDATED 10-10-2017 SUBJECT: RZN 17-5933: Rezone (1324 W. CLEVELAND STJARKANSAS LEGACY, LLC. 443): Submitted by COMMUNITY BY DESIGN, INC. for properties at 1324 W. CLEVELAND ST. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains approximately 3.29 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION and RI -U, RESIDENTIAL INTERMEDIATE -URBAN, subject to a Bill of Assurance. RECOMMENDATION: Staff recommends forwarding RZN 17-5933 to the City Council with a recommendation of approval, based on the findings herein. BACKGROUND: The property is located on the north side of Cleveland Street, just east of Razorback Road. The site contains two existing single-family homes that were constructed in the 1920's. The property contains approximately 3.29 acres, and is zoned RSF-4, Residential Single-family. The property is surrounded by a variety of land uses and zoning designations including the University of Arkansas campus across Cleveland Street to the south. The applicant owns a narrow sliver of land adjacent to the east that is undeveloped and currently zoned RMF -24, Residential Multi- family 24 units per acre. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zonin Direction from Site Land Use Zoning_ North Single-family/Undeveloped RSF-4, Residential Single -Family South UARK Student Housing P-1, Institutional East Fraternity House RMF -24, Residential Multi -Family West Single-family Homes RSF-4, Residential Single -Family DISCUSSION: Request: The property owner requests to rezone the western 1.41 acres of the property to NC, Neighborhood Conservation and the eastern 1.88 acres of the property to RI -U, Residential Intermediate -Urban, zoning districts as shown on the attached exhibits. The applicant has submitted a Bill of Assurance that will restrict the maximum density within the proposed RI -U portion to a maximum of 18 units per acre. Planning Mailing Address: October 912017 113 W. Mountain Street www.fayetteviIleA�WWItem 6 Fayetteville, AR 72701 17-5933 Arkansas Legacy, LLC Page 1 of 25 Public Comment: Staff has received questions from the public, but no comments either in support or against the proposal. INFRASTRUCTURE: Streets: The site has direct access to Cleveland Street. Water: Public water is available to the site. There is a 6 -inch line along Cleveland Street and a 12 -inch line that runs north and south along the west property line. Sewer: Public sewer is available to the site. There is an 8 -inch line along Cleveland Street. Drainage: Standard improvements and requirements for drainage will be required for any development. This property is not affected by the 100 -year floodplain or the Streamside Protection Zones. Fire: This development will be protected by Engine 2 located at 708 N. Garland Avenue. It is 1 mile from the station with an anticipated response time of 3 minutes to the beginning of the development. The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times. Police: The Police Department had no comment. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as City Neighborhood 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, from single family to multi -family. City Neighborhood Areas encourage complete, compact and connected neighborhoods and non-residential uses are intended to serve the residents of Fayetteville, rather than a regional population. While they encourage dense development patterns, they do recognize existing conventional strip commercial developments and their potential for future -redevelopment in a more efficient urban layout. City Neighborhood Guiding Policies: a. Protect adjoining properties from the potential adverse impacts associated with non- residential uses adjacent to and within residential areas with proper mitigation measures that address scale, massing, traffic, noise, appearance, lighting, drainage, and effects on property values. b. Provide non-residential uses that are accessible for the convenience of individuals living in residential districts and where compatibility with existing desirable development patterns occurs. c. Reduce the length and number of vehicle trips generated by residential development by enhancing the accessibility to these areas; encourage walkability as part of the street function. 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. G:\ETC\Development Services Review\2017\Development Review\17-5933 RZN 1324 W. Cleveland St. (Ar. Legacy, Planning Commission LLC) 443\03 Planning Commission\10-09-2017\Comments and Redlines October 9, 2017 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 2 of 25 Finding: The proposal to rezone the property to a mixture of NC and RI -U zoning districts, will allow the property to be developed with medium density residential uses that are consistent with City policies and goals for the neighborhood. Land Use Compatibility: The proposed zoning is compatible with surrounding land uses, which display a wide range of residential types and densities, from established a low density single-family neighborhood pattern to the west, to a very high density student dormitory across Cleveland to the south. The proposed zoning places higher density multi -family development potential toward the east side of the property, adjacent to exiting multi -family development and RMF -24 zoned land, and begins to taper development potential adjacent to existing single-family properties with the NC zone, in which only single-family residential units are allowed by right, with density capped at 10 units per acre. This strategy places the most intense and dense uses near existing similar uses, and further from single-family homes to the west. Land Use Plan Analysis: The proposal is consistent with the goals of the City Plan 2030 Future Land Use Map, which designates this property as City Neighborhood Area, which anticipates a wide variety of land uses, including dense residential development and commercial uses where appropriate. The proposed zonings allow development patterns that encourage traditional town forms intended to decrease vehicle trips and create walkable environments. In staff opinion, increased residential density adjacent to the UARK campus is likely to result in developments meeting these goals. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Given the proximity to the UARK campus, and the high density and intensity of use that this institution generates, staff finds the proposed rezoning from low density suburban zoning to an intermediate density is justified. The proposal will create opportunity for appropriate infill development, the first goal of City Plan 2030. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has access to Cleveland Street, a fully improved two lane street. The proposed zoning would allow uses likely to increase traffic in an area that can be congested at times. Future development is likely to contribute to traffic and potential congestion at this location. Street conditions will be evaluated for traffic danger at the time of development, and improvements required as necessary to mitigate any issues. 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. WETC\Development Services Review\2017\Development Review\17-5933 RZN 1324 W. Cleveland St. (Ar. Legacy, Planning Commission LLC) 443\03 Planning Commission\10-09-2017\Comments and Redlines October 9, 2017 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 3 of 25 Finding: Rezoning the property from RSF-4 to NC and RI -U will allow residential development at significantly higher densities than currently allowed, however that development should not undesirably increase the load on public services. The Police and Fire Departments have expressed no objections to the proposal. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Staff recommends forwarding RZN 17-5933 to the City Council with a recommendation for approval as proposed, subject to a Bill of Assurance. PLANNING COMMISSION ACTION: Required YES Date: October 9, 2017 O Tabled M Forwarded O Denied Motion: JOHNSON, MOTION TO FORWARD TO CITY COUNCIL WITH A RECOMMENDATION FOR APPROVAL. Second: SCROGGIN Note: 9-0-0 (CITY COUNCIL ACTION: Required YES Date: November 20, 2017 O Approved O Denied BUDGET/STAFF IMPACT: None G:\ETC\Development Services Review\2017\Development Review\17-5933 RZN 1324 W. Cleveland St. (Ar. Legacy, Planning Commission LLC) 443\03 Planning Commission\10-09-2017\Comments and Redlines October 9, 2017 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 4 of 25 Attachments: • Unified Development Code: o §161.07, RSF-4, Residential Single-family/4 units per acre o §161.11, RI -U, Residential Intermediate -Urban 0 161.29, NC, Neighborhood Conservation • Fire Department Comments • Request Letter • Proposed Rezoning Exhibit • Bill of Assurance • One Mile Map • Close Up Map ■ Current Land Use Map • Future Land Use Map G:\ETC\Development Services Review\2017\Development Review\17-5933 RZN 1324 W. Cleveland St. (Ar. Legacy, Planning Commission LLC) 443\03 Planning Commission\10-09-2017\Comments and Redlines October 9, 2017 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 5 of 25 UDC SECTIONS 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 dwellings permit Unit 3 Public protection and utility acre facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit Limited business 12a Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single- Two (2) family family dwellings dwellings Units per 4 or less 7 or less acre G:\ETC\Development Services Review\2017\Development Review\17-5933 RZN 1324 W. Cleveland St. (Ar. Legacy, Planning Commission LLC) 443\03 Planning Commission\10-09-2017\Comments and Redlines October 9, 2017 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 6 of 25 (D) Bulk and Area Regulations. (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 45 feet G:\ETC\Development Services Review\2017\Development Review\17-5933 RZN 1324 W. Cleveland St. (Ar. Legacy, Planning Commission LLC) 443\03 Planning Commission\10-09-2017\Comments and Redlines October 9, 2017 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 7 of 25 Single-family Two (2) dwellings family dwellings Lot minimum 70 feet 80 feet width Lot area 8,000 12,000 minimum square feet square feet Land area 8,000 6,000 square per dwelling unit square feet feet Hillside Overlay District Lot 60 feet 70 feet minimum width Hillside Overlay 81000 12,000 District Lot square feet square feet area minimum Land area 8,000 - 6,000 square per dwelling unit square feet feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 45 feet G:\ETC\Development Services Review\2017\Development Review\17-5933 RZN 1324 W. Cleveland St. (Ar. Legacy, Planning Commission LLC) 443\03 Planning Commission\10-09-2017\Comments and Redlines October 9, 2017 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 7 of 25 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. _ ! -, §11, 11-1-16; Ord. No. 5945, §8, 1- 17-17) 161.12 - District RW, Residential Intermediate - Urban (A) Purpose. The RW Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. Government facilities (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit Three (3) and four (4) family 10 dwellings - Unit 41 Accessory dwellings Unit 44 Cluster housing development (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 Limited business 12a Unit 24 Home occupations Unit 26 Multi -family dwellings G:\ETC\Development Services Review\2017\Development Review\17-5933 RZN 1324 W. Cleveland St. (Ar. Legacy. Planning Commission LLC) 443\03 Planning Commission\10-09-2017\Comments and Redlines October 9, 2017 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 8 of 25 Unit 36 1 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling (all types) Lot width minimum 18 feet Lot area minimum None _1 (E) Setback Requirements. (F) Building Height Regulations. Building height maximum 30/45 feet * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of 30 feet. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of 45 feet. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §5(Exh. A), 1-17-17) G:\ETC\Development Services Review\2017\Development Review\17-5933 RZN 1324 W. Cleveland St. (Ar. Legacy, Planning Commission LLC) 443\03 Planning Commission\10-09-2017\Comments and Redlines October 9, 2017 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 9 of 25 Side Side Single Rear Rear, from Front Other & Two Other centerline Uses (2) Uses of an alley Family A build -to zone that is located between the front property, None 5 feet 5 feet 12 feet line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 30/45 feet * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of 30 feet. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of 45 feet. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §5(Exh. A), 1-17-17) G:\ETC\Development Services Review\2017\Development Review\17-5933 RZN 1324 W. Cleveland St. (Ar. Legacy, Planning Commission LLC) 443\03 Planning Commission\10-09-2017\Comments and Redlines October 9, 2017 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 9 of 25 161.29 - We 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 (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) and four (4) family dwellings — Unit Limited business* 12a Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. G:\ETC\Development Services Review\2017\Development Review\17-5933 RZN 1324 W. Cleveland St. (Ar. Legacy. Planning Commission LLC) 443\03 Planning Commission\10-09-2017\Comments and Redlines October 9, 2017 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 10 of 25 Single Family 40 feet Two Family 80 feet J Three Family 90 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. A build -to zone that is located Front between the front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center line 12 feet of an alley (F) Building Height Regulations. Building Height Maximum 45 feet (Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18- 13; Ord. No. 5664, 2-18-14; Ord. No. 5860, § 1(Exh. A), 10-6-15>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§ 5, 7-9, 1-17-17) G:\ETC\Development Services Review\2017\Development Review\17-5933 RZN 1324 W. Cleveland St. (Ar. Legacy, LLC) 443\03 Planning Commission\10-09-2017\Comments and Redlines G:\ETC\Development Services Review\2017\Development Review\17-5933 RZN 1324 W. Cleveland St. (Ar. Legacy, Planning Commission LLC) 443\03 Planning Commission\10-09-2017\Comments and Redlines October 9, 2017 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 11 of 25 The City of Fayetteville Fire Department 3 W. entet- St. `a: /e ::e , AR. 7270 Phone (479) 575-8365 Fax (479) 575-0471 To: Community by Design, Jesse Fulcher From: Will Beeks, Assistant Fire Marshal Date: May 12, 2015 Re: RZ N 15-5066 This development will be protected by Engine 2 located at 708 N Garland. It is 1 miles from the station with an anticipated response time of 3 minutes to the beginning of the development. The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times. If you have any questions please feel free to contact me. Captain Will Beeks Fayetteville Fire Department Honor, Commitment, Courage; Planning Commission Our people make the difference! October 9, 2017 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 12 of 25 community. . _ ' .11 Prro• •..=. ' 1i TOWN PLANNING UnSAN ENGINEERING August 30, 2017 Via Hand Delivery Mr. Andrew Garner Zoning and Development Administrator City of Fayetteville 125 West Mountain Street Fayetteville, Arkansas 72701 RE: Rezoning Request for Properties at 1324, 1326, and 1338 West Cleveland Street Submittal Package Mr. Garner, As a representative of Arkansas Legacy, LLC, owner of 3.98 acres on 3 separate parcels located at 1324, 1326, and 1338 West Cleveland Street, I respectfully request the City of Fayetteville to approve an ordinance to rezone the portions of the subject properties currently zoned Residential Single Family 4 unit per acre (RSF-4) to a combination of Neighborhood Conservation (NC) and Residential Intermediate — Urban (RI -U). The area currently zoned RSF-4 totals approximately 3.29 acres. The proposal is to re -zone the 3.29 acres to 1.41 acres NC and 1.88 acres RI -U in accordance with Exhibit #5 — Proposed Zoning Map. The portion of the property currently zoned RMF -24 will keep this zoning classification. A Bill of Assurance is proposed by the owner that would limit density to no more than 18 units per acre on the property proposed to be rezoned to RI -U. Please find the following documents required for processing the rezoning'request: • One (1) PDF copy of a completed and signed rezoning application. • One (1) PDF copy of Exhibit #] — Survey Description of Property to be Rezoned. • One (1) PDF copy of Exhibit #2 — County Parcel Map. • One (1) PDF copy of Exhibit #3 — Written Description of Request per City of Fayetteville rezoning application. • One (1) PDF copy of Exhibit 44 — Bill of Assurance proposed with this rezoning application. • One (1) PDF copy of Exhibit #5 — Proposed Zoning Map. • One (1) compact disc with PDF copies of the documents listed above. • One (1) check for $330.00 Please let me know if you have any questions or if you need additional information in order to process this request. Sincerely, Brian Teague Community By Design 100 West Center Street Suite 300 Fayetteville, VRnRob-Minmission 479.444 9,2017 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 13 of 25 EXHIBIT #3 - WRITTEN DESCRIPTION OF REQUEST PER THE CITY OF FAYETTEVILLE REZONING APPLICATION a. Current ownership information and any proposed or pending property sales. The subject properties are currently owned by Arkansas Legacy, LLC. There are no proposed or pending property sales b. Reason (need), for requesting the zoning change. The existing zoning does not allow development consistent with the City Plan 2030 or the City Neighborhood Future Land Use designation. This is the primary reason for the zoning change request. According to City Plan 2030, the City Neighborhood Future Land Use designation attached to the property encourages denser development. The existing RSF- 4 zoning district encourages low density development and the large lot size and the street frontage requirements of this district prevent the construction of the unit types as envisioned in the City plan. The proposed Residential Intermediate — Urban (RI -U) and Neighborhood Conservation (NC) zoning districts encourage higher density consistent with City Plan 2030 and the City Neighborhood Future Land Use designation but at a scale that is very similar to that of single-family homes. The zoning change will allow for the highest and best use of the property in a manner consistent with the City's long range planning goals. c. Statement of how the proposed rezoning will relate to surrounding properties in terms of land use, traffic, appearance, and signage. The proposed zoning is designed to be sensitive to the surrounding neighborhood. The area proposed for the zoning change is a unique transitional location. The complexity and special nature of the site is apparent when considering the property from both east to west and north to south perspectives. The zoning requested is a 'transitional approach' from the high density (University use) on the east side to the residential use on the west side. The proposed zoning will create an east to west transition in the neighborhood going from RMF -24 to RI -U to Neighborhood Conservation to RSF-4. This is a very neighborhood friendly approach and ensures that building sizes and density of the units are appropriate to the area. On the north to south axis there is also a transition. Going from a 10 story University dormitory to the south (the equivalent of an RMF -40+ or Downtown Core Zoning) the proposed zoning change would transition to the RSF-4 district to the north. Zoning restrictions on density and height associated with the proposed zoning categories will create density, traffic and appearance that is compatible with and positively contribute to the surrounding neighborhood. �ag,Iof5 a ning Commission October 9, 2017 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 14 of 25 East to West Transition Blue is current zoning, red is proposed zoning. 25 20 15 10 5 0 _�� Series2 Uof A Theta East -,e___ -r — - Seriesl Tau Central West APP ASunset App App South to North Transition Blue is existing zoning, Red is proposed zoning. 60 50 40 30 20 10 0 Reid Hall South Central Series2 Seriesl South &� West North Property Seriesl 11 Series2 Seriesl Series2 d. Availability of water and sewer (state size of lines). Water and Sewer is available. A 12" water main runs north to the south across the property along its west property line. A 6" water main runs west to east in the Cleveland Street Right of Way. An 8" sanitary sewer main also runs west to east in the Cleveland Street Right of Way. Planing Commission October 9, 2017 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 15 of 25 e. The degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. The proposed zoning with the attached Bill of Assurance is highly consistent with the City of Fayetteville Future Land Use Plan and City Plan 2030. As mentioned previously, the City of Fayetteville Future Land Use Plan designates the property as "City Neighborhood". The written goals of this designation suggest a transition away from the lower -density, single -use neighborhoods to the west to a denser type development with a mixture of both residential and nonresidential use. The property was likely given this designation due to its close proximity to the University of Arkansas, Leverett Elementary School, and other jobs / retail that are within a short walk from the property. The locations proximity to multiple walkable amenities and the existing transit stop immediately adjacent to the property will make it possible for development of this property to significantly contribute to the goals and objectives of the City Neighborhood Future Land Use designation. Existing City Planning Goals Cit} Plan 2030 Goal 1 - We will make appropriate infill and revitalization our highest priorities. • Objective d — Promote densest development around logical future transit stops. • Objective g — Encourage new development that supports and complements the unique characteristics and economic values of employment clusters in and around downtown and the U of A. City Plan 2030 Goal 2 - We will discourage suburban sprawl. • Accommodating growth in the center of the city preserves farms and forests on the edge. City Plan 2030 Goal_3 - We will make traditional town form the standard. • Objective a — Require new growth that results in neighborhoods, districts, and corridors that are: 1. compact - via denser housing; meaningful open spaces & preserves; small blocks 2. complete - via varied housing; mixed uses; civic uses; jobs - housing mix in the neighborhoods 3. connected - via street -oriented buildings; interconnected streets; interconnected greenways & trails Objective b — Prepare a transit -worthy community: density in highly walkable areas along logical future transit routes, and anticipate rail, street cars and other alternative transit modes City plan 2030 Goal 4 - We will grow a livable transportation network. • Objective a — Community design should precede and outrank traffic planning. • Objective b — Make walkable, cyclist friendly road designs with slow design speeds, and block and Contributions made by proposed zoning categories The proposed zoning categories would provide housing on relatively undeveloped land. The land is immediately adjacent to the University of Arkansas and adjacent to existing homes. The development would support and complement the existing neighborhood and the housing and social needs of the area. The proposed zoning would encourage use of the existing transit stop. The homes would provide housing for University employees within walking distance. Children living within the master plan could easily walk to nearby Leverett Elementary. Development of a medium density housing at a single- family scale in this location will reduce the need for less dense development further away from the center of the City. The proposed zoning categories will encourage development in a manner consistent with `traditional town form.' The development would be compact and connected via street oriented buildings and interconnected sidewalks. With its walkable location the property lends itself to more dense housing. In addition to the already walkable location, the transit stop immediately adjacent to the property will further encourage residents to be less dependent on the car for transportation. Connected with tree -lined lanes, sidewalks,and pedestrian pathways, planned open spacesfor the property will provide a high quality area for interaction between the neighbors. The location of the property and the medium density design is very pedestrian friendly. The existing transit stop adjacent to the property will be an important asset for residents and offer transportation options that do not include the car. Planing Commission October 9, 2017 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 16 of 25 street layouts the standard; walkability is a part of the street function. Objective f - Commit to evolving a rich menu of transit choices, including citywide and regional mass transit. Objective h - Plan employment in locations with access to walkable amenities and transit rather than in isolated locations. 1 2030 Goal 5 - We will assemble an enduring green network. • Objective a — Vigilantly nurture a continuum of greenspace, including riparian buffer areas, canopy restoration and protection, small neighborhood parks and squares, major parks and recreation facilities, greenways and trails, and large-scale preserves. City Plan 2030 Goal 6 - We will create opportunities for attainable housing • Objective a — Increase housing choices by encouraging a mixture of housing types and sizes and dispersed throughout the city. • Objective c — Establish partnerships with non-profit and private entities to facilitate the development of attainable workforce housing. • Objective d - Make housing relatively more affordable by influencing cost of living items such as utilities and transportation. Complete, compact and connected neighborhoods are pedestrian - friendly and provide everyday services within walking distance, allowing residents to reduce transportation costs, which could positively affect their ability to obtain housing. The proposed zoning will help to create a very livable space within the development and minimize the impact to the surrounding neighborhood. Zoning requirements for preserving existing mature trees and creating `green spaces' will be met or exceeded. Greenways along planned pedestrian pathways will preserve many existing mature trees. A small green space for use by residents of the neighborhood will be provided which will preserve many mature trees. The proposed combination of zoning categories requested creates an opportunity to develop a mixture of housing types and sizes that will allow residents to age in place. The goal is not to create a monoculture, but to build a range of unit types that will provide the opportunity for someone to live out their entire lives in the neighborhood. The proposed zoning and potential development will create attainable housing in two ways. Since there is a range of housing types, smaller houses will be available that will be more affordable simply due to their smaller square footage. On average, residents of Northwest Arkansas pay more for their transportation than they do for their housing. The zoning development will provide the option to significantly reduce and in some cases nearly eliminate the cost of personal auto transportation. No similar neighborhood exists in the area immediately adjacent to the University campus. f. Whether the proposed zoning is justified and/or needed at the time of the request. As stated previously, the existing zoning does not allow development consistent with the City Plan 2030 or the City Neighborhood Future Land Use designation. This is the primary reason for the zoning change request. The proposed zoning is highly consistent with the planning objectives, principles, and policies of the City of Fayetteville Future Land Use Plan and City Plan 2030.The proposed zoning seems justified and needed at this time. g. Whether the proposed zoning will create or appreciably increase traffic danger and congestion. Traffic studies provided for analysis of the approved Project Cleveland (R-PZD 12-4079) showed that it would not have a significant impact to traffic on the surrounding streets and that levels of service on surrounding streets would not be significantly impacted. Separated by only 189 feet from the approved Project Cleveland PZD, The potential development levels associated with these zoning categories is much lower that the Project Cleveland. Given its close proximity and �ag,4of5 a ning Commission October 9, 2017 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 17 of 25 while containing significantly less dwelling units, the requested zoning should not have a significant impact on traffic conditions either. h. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Rezoning the property as requested with a Bill of Assurance would not significantly increase the load to public services. i. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification. If the subject property was developed under the existing zoning classification, then many of the goals, objectives, and principles of the City of Fayetteville Future Land Use Plan and City Plan 2030 could not be met. Rezoning the property to the unique combination of zones would allow the goals, objectives, and principles of the City of Fayetteville Future Land Use Plan and City Plan 2030 to be met. (See discussion of contribution to City goals in part e.) Me, of 5 ning Commission October 9, 2017 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 18 of 25 ciC3jP AAA' 7 6FARINC,5 DERIVED FROM w.,/-- jI�`/[+C y `1���=!¢ �G'C 't :i 1 ATF. PLANE CORDjIJATFS � ••F onrf/ orr f"sn �3 .�s'.p7 2`�. �n'�tsl 0 ' :Yfvan Aria - -�1t— - FrrrrG 17C. ¢a1 r- � a�F 1 -H �7 -. 1Fri5 i5 A ROTFHL'Aw h•UHVEY ONLY ANO NO /n 1 i 1-MPY Ttl 1,pCATC #7N#. L14@6 ANWOR Fit SEARr:a r U71LHY LASEMP•l+7'S HAVE DEEM MADE OY SURVEYOR .0 Ogg, Z. 7I C� r3c' T"3 Fmf ZJ4 r xk{• �I pIr i 0.69 WR =j h AF6 /- 5S � I rs r �41h a � .F..� .36, 017 �� as ': �— F�r�san .- Y r TRACT 1 I ESCRIPTION TRACT 3 DESCRIPTION APART QF T1iE 14112 OF THE SEIM OF SLiTION R, T•15 -N, R.3(I.W OF.SCRIDE'i1 Av DEGFFiHIHG AT TlIF fi1V rf1RNFi4 OF 4! iJ& SIk G5F Ii,A1L1 GE 174; Ti�i#CE h PART OiF TTJ$ we IMOF T}IE 5E' 17d QF-C.Ti{YAI h, T tN PART or' T l] IFi J+sN, 1[-,!$1V pESfRI[i£p qS., pEG9FNiRG AT A P ANT 1T FEE.1 FFIOA# AT E1 15E FQ A FIX1ND IRikp PJTl, THENwE N57'g71Hiyr ly$ 44 FEET TQ A Sr IRON PIN Vy111CH Li 11.3 FEt: r WEST OF THE EAST LRIE LSF' t}fC NW114 OF TI XE SE 1H7; SW O(7RN[R OT SKID NEM F Vi., S i YUTTIT OF 8COWNING DFlN3 A CH1564ED'X- TIJENC,E. 147'20'54'E THVNCE t;.A $n,km%w 719,16 TxF.T to A FOUND IRON PIPE W411CJ1 is IS 4 FLE 1 WEST OF TIDE EAST LINE OF TILE NW 19 OF THC SE 104; ThENC£. 53'4].75}Y FEE 164.W FEE I IU A FOUHLI IFM PIPE: 7HENCE 11*1"Y3514 $1 15 FEET TO 11 -1 IM 1.1 J, THENCE 278 94 X'TO A FOUND IRM FW; THENCE SN5'S0'4VE 15.75 FEET 1. A:Su IRON PIN; PIENCE ALON6 TlIE WEST LINE OF SAID'IE176 OF THE SE 116, sd''A`3rW S7',HY33'W I65 p$ FEET rQA EL�D 7L"; THEY SS; '11•"E $2.0) FEET TO THE POINT OF OEGIHNING ��j Iq CONTAINING $ 73 ACRES, MORE OR 015.=.., FAYpiT'EVILLiE WASHIN4TON COVN TY, ARISANSA5 TRACT 2 DESCRIPTION A PAA F OF F M NIAA CW TN€ SISTA Of $I?t, Tfih}I p, r-1CT H, I#.3p w D[SCH}4ED AS '•3 qty h $ � SM NE114 OF TIE SFIr6. SAID POINT OF OEGrMJIHG RFTNG ASET IRON PIN THENCE- i;9'+'b139'Ed$,$OF@E-F TUACki15FLED'%'_THENCEN7°30'33'✓: 165p$TE€F TOA SET•{ PI.55 FEET TU A FOUND FE; F IRON FE TO '� O` ---- I J i u�� i \ I r- � a�F 1 -H �7 -. 1Fri5 i5 A ROTFHL'Aw h•UHVEY ONLY ANO NO /n 1 i 1-MPY Ttl 1,pCATC #7N#. L14@6 ANWOR Fit SEARr:a r U71LHY LASEMP•l+7'S HAVE DEEM MADE OY SURVEYOR .0 Ogg, Z. 7I C� r3c' T"3 Fmf ZJ4 r xk{• �I pIr i 0.69 WR =j h AF6 /- 5S Al! /7S? X51 "'TAY 7%+7E 4'f rte' -z147AP,g Commission 'x. �� { toter 9, 2017 �� ,�o ends Item 6 1C7r • &�44 4sas Legacy, LLC t rt/N6 WA ;Page 19 of 25 � I rs _ ell Y . JE. r �, „'3LI IlT� `:�/ .F..� .36, 017 �� as ': �— F�r�san .- Y TRACT 1 I ESCRIPTION TRACT 3 DESCRIPTION APART QF T1iE 14112 OF THE SEIM OF SLiTION R, T•15 -N, R.3(I.W OF.SCRIDE'i1 Av DEGFFiHIHG AT TlIF fi1V rf1RNFi4 OF 4! iJ& SIk G5F Ii,A1L1 GE 174; Ti�i#CE h PART OiF TTJ$ we IMOF T}IE 5E' 17d QF-C.Ti{YAI h, T tN PART or' T SOT'l V30"F 165.M FEET TO A SET IRON PIN, rHENCE N7'31'3n 5246}. FEET J+sN, 1[-,!$1V pESfRI[i£p qS., pEG9FNiRG AT A P ANT 1T FEE.1 FFIOA# AT E1 15E FQ A FIX1ND IRikp PJTl, THENwE N57'g71Hiyr ly$ 44 FEET TQ A Sr IRON PIN Vy111CH Li 11.3 FEt: r WEST OF THE EAST LRIE LSF' t}fC NW114 OF TI XE SE 1H7; SW O(7RN[R OT SKID NEM F Vi., S i YUTTIT OF 8COWNING DFlN3 A CH1564ED'X- TIJENC,E. 147'20'54'E THVNCE t;.A $n,km%w 719,16 TxF.T to A FOUND IRON PIPE W411CJ1 is IS 4 FLE 1 WEST OF TIDE EAST LINE OF TILE NW 19 OF THC SE 104; ThENC£. 53'4].75}Y FEE 164.W FEE I IU A FOUHLI IFM PIPE: 7HENCE 11*1"Y3514 $1 15 FEET TO 11 -1 IM 1.1 J, THENCE 278 94 X'TO A FOUND IRM FW; THENCE SN5'S0'4VE 15.75 FEET 1. A:Su IRON PIN; PIENCE ALON6 TlIE WEST LINE OF SAID'IE176 OF THE SE 116, sd''A`3rW S7',HY33'W I65 p$ FEET rQA EL�D 7L"; THEY SS; '11•"E $2.0) FEET TO THE POINT OF OEGIHNING 20 OD FEET TO THE PON T OF 5EGINNWd, CONFAR4r4M, R 17 ACRES, MORE Qk LE SS, FAYETTEVILLE.. WWONGTON CU#.Mrj,, ARIV.NSpLS CONTAINING $ 73 ACRES, MORE OR 015.=.., FAYpiT'EVILLiE WASHIN4TON COVN TY, ARISANSA5 TRACT 2 DESCRIPTION A PAA F OF F M NIAA CW TN€ SISTA Of $I?t, Tfih}I p, r-1CT H, I#.3p w D[SCH}4ED AS BE134NNJNU ATA PO4MT VF!#ICk15 58T'9 L'39"E lA A$ FEPY FFIOM 14#€ SW C6�AH€R 9F � ' " SM NE114 OF TIE SFIr6. SAID POINT OF OEGrMJIHG RFTNG ASET IRON PIN THENCE- i;9'+'b139'Ed$,$OF@E-F TUACki15FLED'%'_THENCEN7°30'33'✓: 165p$TE€F TOA SET•{ PI.55 FEET TU A FOUND FE; F IRON FE TO s } T A FOUND IRON 3ai 90 TECT i0 A FI]13470IRTk6 PIN, r�NCE NH4'ST`t p'Ify 169 S2 FEET TO A FOUHO 149 4 EI TO OUND lR(7N IaIH�TH€RCE'$7",#1'd7Yl 574,.53 FEET TO 714E POINT OF VE04NNVN3. CLNI7AYNN40 Al! /7S? X51 "'TAY 7%+7E 4'f rte' -z147AP,g Commission 'x. �� { toter 9, 2017 �� ,�o ends Item 6 1C7r • &�44 4sas Legacy, LLC t rt/N6 WA ;Page 19 of 25 EXHIBIT #4 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the otivner, developer, or buyer of this property, (hereinafter "Petitioner") Arkansas Legacy LLC, hereby voluntarily offers this Bill of Assurance and enters into this binding ag.reehn.ent and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any anti all of the terms of this Bill of Assurance in the Circuit CotLrt of Washington Count} 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 COL1nCil. 1. In the area proposed to be rezoned to Residential Intermediate - Urban (RI U), development of the property will be limited to a residential density of no more than 18 units per acre. 2. 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 Filial Plat or Large Scale Development which includes some or all of Petitioner's property. Planning Commission October 9, 2017 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 20 of 25 IN WITNFp WHERJEOF '1�1' �[i " (��?JEVTIIetlt Willi A thp terms atid comfiLions a J� -elopc Stated above, 1, . .... ... ,T, dev i -, as thie ownc or buve.i- (Petitioner) voluntarily offer rlll such assurrincos and sign my itarrv., bt-4mv. X2 Minted Name IV-AOSS NOTARY OATH STATE OF OREGON COUNTY OF -NIA RION And now on this the A-1 Gav ol, 2017 app, red before mt,, -,r being placed LIP011 a Notary Public, anci atter swore or affirrneL. agreed with the terms of the above Bill, of Assurance wid signe -d his/her narne above. NOTARY PUBLIC Mx_ (-"0111missio.1.1 ExTires: OFFICIAL STAMP MARVt THOMPSON NOTARY -PUBLIC - OREGON COMMISSION NO, 929203 MY IS-SION EXPIRE$ JUNE 09, 2018 Planning Commission October 9, 2017 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 21 of 25 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 22 of 25 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 23 of 25 RZN 17-5933 AR. LEGACY, LLC Current .� • Use Fig •"y � � d fr�t1 ; •R •' /��Y!�: - _ Y +�. 1 "T j'�y�41,Qy � 9 t yy 1LI1� Y •�"t. Single Family ii.l E Streets Existing MSP Class COLLECTOR "s�sss Trail (Proposed) Planning Area Fayetteville City Limits � .��7d • _ ��f,T' M t .,,r any � , N # I y ice[ Engineering Fraternity a U f U of A m Student Housing`''=�isi� O Q:�� T'' It'll rr PUBLIC 591 FEMA Flood Hazard Data 100 -Year F eaciplai 1 Feet FlomWay 0 75 150 300 450 600 1 inch = 200 feet Planning Car mission 9, 2017 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 24 of 25 RZN 17-5933 AR. LEGACY, LLC A& Future Land Use NORTH VIS oR 044 w ¢ w 0 Legend Planning Area 1 zzz Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint G Y V Q m N PUBLIC 591 Q Feet 0 112.5 225 450 675 900 1 inch = 300 feet CLEVELAND ST LU Q J Q 2 FUTURE LAND USE 2030 Residential Neighborhood Area City Neighborhood Area Urban Center Area Civic Institutional Non -Municipal Government Planning C Qclobe>}9, 2017 Agenda Item 6 17-5933 Arkansas Legacy, LLC Page 25 of 25 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. 6008 Was inserted in the Regular Edition on: November 16, 2017 Publication Charges: $ 78.00 ( 1 Karen Caler Subscribed and sworn to before me This 1'7 day of )1,,/ , 2017. 6w, k�& Notary Public i, (, My Commission Expires: CP,THY UTILES Arkansas - Benton County Notary Public - COMM# 12397118 uhf Commission Expires Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. DEC 12017 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Ordinance: 6008 File Number: 2017-0598 RZN 17-5933 (1324 W. CLEVELAND ST./ARKANSAS LEGACY, LLC): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-5933 FOR APPROXIMATELY 3.29 ACRES LOCATED AT 1324 WEST CLEVELAND STREET FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION AND RI -U, RESIDENTIAL INTERMEDIATE - URBAN 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 RSF4, Residential Single Family, 4 Units per Acre to NC, Neighborhood Conservation and RI -U, Residential Intermediate -Urban subject to a Bill of 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 11/7/2017 Approved: Lioneld Jordan, Mayor Sondra E. Smith, City Clerk Treasurer 74344221 Nov. 16, 2017