HomeMy WebLinkAboutORDINANCE 600801. fhYf•I�E,.
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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
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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
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>
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.
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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.
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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
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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
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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
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(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
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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
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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
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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)
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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)
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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.
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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)
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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
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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