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HomeMy WebLinkAboutORDINANCE 6063113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6063 File Number: 2018-0203 IIIIIII IIIIII II IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 019575170006 Type: REL Kind: ORDINANCE Recorded: 11/30/2020 at 03:41:49 PM Fee Amt: $40.00 Paqe 1 of 6 Washington County, AR Kyle Sylvester Circuit Clerk File202O-00043742 RZN 18-6122: (SE & SW OF RUPPLE RD. & MT. COMFORT RD./HAZEN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18- 6122 FOR APPROXIMATELY 56.02 ACRES LOCATED AT SOUTHEAST AND SOUTHWEST OF RUPPLE ROAD AND MOUNT COMFORT ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE, AND R-A, RESIDENTIAL AGRICULTURAL TO CS, COMMUNITY SERVICES AND R-A, RESIDENTIAL AGRICULTURAL 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, RSF-1, Residential Single Family, 1 unit per acre, and R-A, Residential Agricultural to about 41.8 acres of CS, Community Services and about 13.8 acres of R-A, Residential Agricultural. 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 5/1/2018 Attest: `%����t r►rq�i Sondra E. Smith, City Clerk Treas �.� �.• ��Y OF •GS'�'�. LE• �U •PAYE -EVIL .`—_ KA\ASGo s Page 1 Printed on 512118 RZN 18-6122 - HAZEN RZN 18-6122 Close Up view EXHIBIT 'A' rig R-O 1 Proposed to C-S 1 a 1 Proposed to C-S a Proposed to R-A 1 Proposed to C-S Proposed RSF-4 to R-A IttiF- Proposed to C-S o I I I Proposed to R-A, BRIDGE RPzD i4P PJE A�Q i 41 o _ o Legend ' Planning Area I-__- Fayetteville City Limits ` - - - Feet Shared Use Paved Trail Trail (Proposed) 0 180 360 720 1,080 1,440 Building Footprint 1 inch = 500 feet I N 7` A& NORTH Zoning Total Acreage: R-A = 13.8 acres C-S = 41.8 acres 18-6122 EXHIBIT 'B' LEGAL DESCRIPTION: (PARCEL A RSF-4 TO C-S A part of the NW1/4 of the SW1/4 of Section 6, T16N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the SE Corner of said NW1/4, SW1/4, thence N89059'34"W 176.50 feet, thence N00°00'26"E 27.76 feet, thence along a curve to the left 50.10 feet, said curve having a radius of 215.00 feet and a chord bearing and distance of N06040'04"W 49.98 feet to the end of the curve, said point being the POINT OF BEGINNING, thence N83016'06"W 175.24 feet, thence N67016'00"W 754.49 feet, thence N79051'00"W 525.87 feet, thence N67038'50"W 44.07 feet, thence N79043'00"W 306.10 feet, thence S88020'17W 11.46 feet, thence N51032'47"W 44.52 feet, thence N00°10'53"W 393.48 feet, thence along a non tangent curve to the left 102.09 feet, said curve having a radius of 563.50 feet and chord bearing and distance of N05022'16"E 101.95 feet, thence N00°10'53"E 69.53 feet, thence N84010'51"E 4.81 feet, thence N20018'36"E 33.58 feet, thence N79039'29"E 72.67 feet, thence N77050'56"E 155.60 feet, thence N75046'1YE 124.30 feet, thence N79058'10"E 48.00 feet, thence N85056'54"E 137.61 feet, thence S89048'56"E 381.70 feet, thence S86059'51 "E 245.81 feet, thence S89047'44"E 130.48 feet, thence S44013'42"E 34.31 feet, thence S89047'44"E 2.93 feet, thence South 694.60 feet, thence along a curve to the left 350.93 feet, said curve having a radius of 285.00 feet and a chord bearing and distance of S35016'32"E 329.18 feet, thence S70033'04"E 116.66 feet, thence along a curve to the right 214.67 feet, said curve having a radius of 215.00 feet and a chord bearing and distance of S41056'49"E 205.87 feet to the POINT OF BEGINNING: Containing 26.9530 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (PARCEL B RSF-4 TO R-A) A part of the NW1/4 of the SW1/4 of Section 6, T16N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the SE Corner of said NW1/4, SW1/4, thence N89059'34"W 176.50 feet, thence N00°00'26"E 27.76 feet to the POINT OF BEGINNING, thence N83040'33"W 193.85 feet, thence N67016'00"W 756.00 feet, thence N79051'00"W 517.91 feet, thence N88021'00"W 369.64 feet, thence N62037'11W 13.47 feet, thence N00°10'53"W 131.57 feet, thence S51032'47"E 44.52 feet, thence N88020'17"E 11.46 feet, thence S79043'00"E 306.10 feet, thence S67038'50"E 44.07 feet, thence S79051'00"E 525.87 feet, thence S67016'00"E 754.49 feet, thence S83016'06"E 175.24 feet, thence along a non tangent curve to the right 50.10 feet, said curve having a radius of 215.00 feet and chord bearing and distance of S06040'04"E 49.98 feet to the POINT OF BEGINNING: Containing 2.4645 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (PARCEL C RSF-1 TO R-A A part of the NE1/4 of the SE1/4 of Section 1, T16N, R31W in Washington County, Arkansas and being described as follows: Beginning at the SE Corner of said NE1/4, SE1/4, said point being the POINT OF BEGINNING, thence N89030'32"W 659.85 feet, thence along a non tangent curve to the right 213.83 feet, said curve having a radius of 542.00 feet and chord bearing and distance of N31 °31'21 "E 212.45 feet, thence N43020'43"E 73.21 feet, thence N46039'17"W 12.50 feet, thence N43020'43"E 150.27 feet, thence N39042'50"E 55.22 feet, thence N42058'23"E 308.22 feet, thence along a non tangent curve to the left 29.13 feet, said curve having a radius of 550.00 feet and chord bearing and distance of N41 °49'54"E 29.13 feet, thence S51 °32'47"E 176.14 feet, thence S00010'53"E 538.02 feet to the POINT OF BEGINNING: Containing 6.1032 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (PARCEL D RSF-1 TO C-S) A part of the NE1/4 of the SE1/4 of Section 1, T16N, R31W in Washington County, Arkansas, and being described as follows: Commencing at the SE Corner of said NE1/4, SE1/4, thence N00010'53"W 538.02 feet to the POINT OF BEGINNING, thence N51 °32'47"W 176.14 feet, thence along a non tangent curve to the left 120.03 feet, said curve having a radius of 550.00 feet and chord bearing and distance of N34003'44"E 119.80 feet, thence along a non tangent curve to the left 198.40 feet, said curve having a radius of 563.50 feet and chord bearing and distance of N20038'51 "E 197.38 feet, thence S00°10'53"E 393.48 feet to the POINT OF BEGINNING: Containing 0.5261 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (PARCEL E RSF-1 TO C-S) A part of the NE1/4 of the SE1/4 and a part of the SE1/4 of the SE1/4 of Section 1, T16N, R31W in Washington County, Arkansas, and being described as follows: Beginning at the SW Corner of said NE1/4, SE1/4, said point being the POINT OF BEGINNING, thence N00008'03"W 425.71 feet, thence N67021'40"E 100.84 feet, thence N26027'53"E 86.09 feet, thence N33049'55"E 3.68 feet, thence N59015'27"E 29.79 feet, thence N25013'07"E 34.52 feet, thence N37050'40"E 11.24 feet, thence N57026'48"E 46.44 feet, thence N84024'19"E 158.81 feet, thence N77000'35"E 240.09 feet, thence S81050'03"E 19.48 feet, thence S01047'11"E 166.22 feet, thence S00048'27"E 216.75 feet, thence along a curve to the right 114.77 feet, said curve having a radius of 425.00 feet and a chord bearing and distance of S06055'43"W 114.42 feet, thence along a non tangent curve to the left 389.85 feet, said curve having a radius of 655.50 feet and chord bearing and distance of S19°27'47"W 384.13 feet, thence S02025'30"W 71.50 feet, thence N89041'1YW 492.99 feet, thence N00008'03"W 235.71 feet to the POINT OF BEGINNING: Containing 11.2811 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (PARCEL F RSF-1 TO R-A A part of the NE1/4 of the SE1/4 of Section 1, T16N, R31W in Washington County, Arkansas, and being described as follows: Commencing at the SW Corner of said NE1/4, SE1/4, thence N00°08'03"W 425.71 feet to the POINT OF BEGINNING; thence N00008'03"W 312.67 feet, thence N82027'57"E 307.21 feet, thence N73°05'57"E 88.90 feet, thence N68022'57"E 109.10 feet, thence N46°15'57"E 68.10 feet, thence N85012'57"E 90.24 feet, thence along a non tangent curve to the left 108.50 feet, said curve having a radius of 1,225.00 feet and chord bearing and distance of S00045'04"W 108.46 feet, thence S01047' 11 "E 99.24 feet, thence N81 °50'03"W 19.48 feet, thence S77000'35"W 240.09 feet, thence S84024'19"W 158.81 feet, thence S57026'48"W 46.44 feet, thence S37050'40"W 11.24 feet, thence S25013'07"W 34.52 feet, thence S59015'27"W 29.79 feet, thence S33049'55"W 3.68 feet, thence S26027'53"W 86.09 feet, thence S67021'40"W 100.84 feet to the POINT OF BEGINNING: Containing 2.8416 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (PARCEL G RSF-1 TO R-A) A part of the NE1/4 of the SE1/4 of Section 1, T16N, R31W in Washington County, Arkansas, and being described as follows: Commencing at the SE Corner of said NE1/4, SE1/4, thence N89030'32"W 707.70 feet, thence along a non tangent curve to the right 55.81 feet, said curve having a radius of 595.00 feet and chord bearing and distance of N23002'47"E 55.79 feet, thence N25044'00"E 52.26 feet, thence along a curve to the left 182.35 feet, said curve having a radius of 475.00 feet and a chord bearing and distance of N14044'08"E 181.23 feet to the POINT OF BEGINNING; thence continue Northerly along said curve through a central angle of 04032'43", a distance of 37.68 feet, thence N00048'27"W 217.17 feet, thence N01 047'11 "W 265.88 feet, thence along a curve to the right 29.98 feet, said curve having a radius of 1,175.00 feet and a chord bearing and distance of N01003'19"W 29.98 feet, thence East 50.40 feet, thence North 38.91 feet, thence S44018'07"E 77.56 feet, thence S55039'31"E 15.26 feet, thence S79°48'14"E 78.84 feet, thence S68001'04"E 56.27 feet, thence S76059'25"E 86.03 feet, thence S60042'59"E 74.91 feet, thence S43020'43"W 101.46 feet, thence N46039'17"W 7.15 feet, thence S76001,56"W 51.77 feet, thence S41018'18"W 239.29 feet, thence along a non tangent curve to the left 62.91 feet, said curve having a radius of 41.00 feet and chord bearing and distance of S02039'00"E 56.92 feet, thence S46034'32"E 3.65 feet, thence S43020'43"W 156.49 feet to the POINT OF BEGINNING: Containing 2.3435 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (PARCEL H RSF-1 TO C-S) A part of the NE1/4 of the SE1/4 of Section 1, T16N, R31W in Washington County, Arkansas, and being described as follows: Commencing at the SE Corner of said NE1/4, SE1/4, thence N89°30'32"W 707.70 feet, thence along a non tangent curve to the right 55.81 feet, said curve having a radius of 595.00 feet and chord bearing and distance of N23002'47"E 55.79 feet, thence N25044'00"E 52.26 feet, thence along a curve to the left 220.03 feet, said curve having a radius of 475.00 feet and a chord bearing and distance of N 12°27'47"E 218.07 feet, thence N00048'27"W 217.17 feet, thence N01047'11W 265.88 feet, thence along a curve to the right 29.98 feet, said curve having a radius of 1,175.00 feet and a chord bearing and distance of N01003'19"W 29.98 feet, thence East 50.40 feet, thence North 38.91 feet to the POINT OF BEGINNING; thence North 205.49 feet, thence along a non tangent curve to the right 22.82 feet, said curve having a radius of 95.00 feet and chord bearing and distance of N61 °17'56"E 22.76 feet, thence N68010'46"E 71.00 feet, thence N88042'46"E 361.85 feet, thence S37032'42"E 36.91 feet, thence N84010'51"E 7.27 feet, thence S00°10'53"W 58.28 feet, thence along a curve to the right 343.90 feet, said curve having a radius of 456.50 feet and a chord bearing and distance of S21 °45'48' W 335.83 feet, thence S43020'43"W 10.14 feet, thence N60042'59"W 74.91 feet, thence N76059'25"W 86.03 feet, thence N68001'04"W 56.27 feet, thence N79048'14"W 78.84 feet, thence N55039'31"W 15.26 feet, thence N44018'07"W 77.56 feet to the POINT OF BEGINNING: Containing 3.5184 acres more or less subject to easements and right of way of record. Washington County, AR I certify this instrument was filed on 11/30/2020 03:41:49 PM and recorded in Real Estate File Number 2020-00043742 Kyle Sylvester - Circuit Clerk Y l City of Fayetteville Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0203 Agenda Date: 5/1/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 3 RZN 18-6122: (SE & SW OF RUPPLE RD. & MT. COMFORT RD./HAZEN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18-6122 FOR APPROXIMATELY 56.02 ACRES LOCATED AT SOUTHEAST AND SOUTHWEST OF RUPPLE ROAD AND MOUNT COMFORT ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE, AND R -A, RESIDENTIAL AGRICULTURAL TO CS, COMMUNITY SERVICES AND R -A, RESIDENTIAL AGRICULTURAL 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, RSF-1, Residential Single Family, 1 unit per acre, and R -A, Residential Agricultural to about 41.8 acres of CS, Community Services and about 13.8 acres of R -A, Residential Agricultural. 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 5/2/2018 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2018-0203 Legistar File ID 3/30/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/17/2018 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: RZN 18-6122: Rezone (SE & SW OF RUPPLE RD. & MT. COMFORT RD./HAZEN, 361-362): Submitted by JORGENSEN & ASSOCIATES, INC. for properties SE & SW OF RUPPLE RD. & MT. COMFORT RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE, and R -A, RESIDENTIAL AGRICULTURAL and contain approximately 56.02 acres. The request is to rezone the properties to CS, COMMUNITY SERVICES and R -A, RESIDENTIAL AGRICULTURAL. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ Current Balance $ Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: �' CITY COUNCIL AGENDA MEMO CITY OF FA'YETTEVI LLE ARKANSAS MEETING OF APRIL 17, 2018 TO: Mayor, Fayetteville City Council THRU: Garner Stoll, Development Services Director FROM: Quin Thompson, Planner DATE: March 30, 2018 SUBJECT: RZN 18-6122: Rezone (SE & SW OF RUPPLE RD. & MT. COMFORT RD./HAZEN, 361-362): Submitted by JORGENSEN & ASSOCIATES, INC. for properties SE & SW OF RUPPLE RD. & MT. COMFORT RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE, and R -A, RESIDENTIAL AGRICULTURAL and contain approximately 56.02 acres. The request is to rezone the properties to CS, COMMUNITY SERVICES and R -A, RESIDENTIAL AGRICULTURAL. RECOMMENDATION: Staff and Planning Commission recommend approval of an ordinance to rezone property as depicted in Exhibits `A' and `B'. BACKGROUND: In 2016, the owner requested a similar rezone of the subject property. At the City Council meeting of December 12, 2016,a motion to approve the rezoning failed by a vote of 3-3. The proposed rezoning request is for approximately 56 acres, located on the east and west sides of Rupple Road, south of the intersection of Mount Comfort Road. The property is currently within the RSF-4, RSF-1, and R -A zoning districts, and is in agricultural use with two single-family homes and assorted accessory buildings. Surrounding land use and zoning is depicted on Table 1. Request: The request is to rezone the property to CS, Community Services (41.8 acres) and R- A, Residential Agricultural (13.8 acres). The applicant has indicated the rezoning is needed for the property to be developed. Public Comment: One neighboring landowner spoke in favor of the rezoning at the Planning Commission hearing on March 26, 2018. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Land Use Plan Analysis: The proposed zoning is consistent with the Future Land Use Map (FLUM) of the City Plan 2030. The goals of City Plan 2030 include making the traditional town form the standard. The CS zoning district encourages patterns of development that result in realizing this goal, including an expectation that non-residential buildings will be located close to the street with parking to the side or rear, creating an environment appealing to pedestrians and reducing the visual impact of parking areas. A mixture of residential and commercial uses is typical in a traditional urban form, with buildings addressing the street. This area of the City has a large number of residents, but lacks basic goods and services, requiring those residents to drive long distances to meet their daily needs. The FLUM designation of this area as City Neighborhood recognizes this issue and the applicant's proposal at this future intersection could help alleviate the lack of services in the area. The proposal to rezone the Hamestring Creek riparian corridor to R -A (over 14 acres) as it extends east -west across the site ensures that sensitive environmental areas will either be conserved or developed at a very low density. The proposal would allow higher density and intensity in more developable areas, and conservation and low density in sensitive areas identified as desirable to establishing the City's Enduring Green Network. Land Use Compatibility: The proposed zoning is compatible with surrounding land use in this area, which contains a mixture of church/cemetery uses to the north and east, and medium — high density residential developments to the south, and undeveloped land to the west. The proposed CS zoning would allow in a significant shift in development patterns in this area of west Fayetteville. CS would permit high density residential and non-residential development in a traditional town form pattern. This pattern is different, but can be compatible with and would allow uses, goods, and services that support surrounding neighborhoods. DISCUSSION: On March 26, 2018, the Planning Commission forwarded the proposal to City Council with a recommendation for approval of the applicant's request by a vote of 8-0-0. Public comment is included with the Planning Commission report. BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A ■ Exhibit B Application Planning Commission Staff Report RZN 18-6122 HAZEN 18-6122 Close Up View EXHIBIT W P-1 R -A C'S Legend ' Planning Area Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint RI -12 0 NORTH Zoning Total Acreage: R -A = 13.8 acres Feet 0 180 360 720 1,080 1,440 C -S = 41.8 acres 1 inch = 500 feet 18-6122 EXHIBIT `B' LEGAL DESCRIPTION: (PARCEL A RSF-4 TO C -S A part of the NW1/4 of the SWI/4 of Section 6, T16N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the SE Corner of said NW1/4, SW1/4, thence N89°59'34"W 176.50 feet, thence N00°00'26"E 27.76 feet, thence along a curve to the left 50.10 feet, said curve having a radius of 215.00 feet and a chord bearing and distance of N06°40'04"W 49.98 feet to the end of the curve, said point being the POINT OF BEGINNING, thence N83°16'06"W 175.24 feet, thence N67016'00"W 754.49 feet, thence N79051'00"W 525.87 feet, thence N67°38'50"W 44.07 feet, thence N79°43'00"W 306.10 feet, thence S88'20'1 7"W 11.46 feet, thence N51°32'47"W 44.52 feet, thence N00°10'53"W 393.48 feet, thence along a non tangent curve to the left 102.09 feet, said curve having a radius of 563.50 feet and chord bearing and distance of N05'22'1 6"E 101.95 feet, thence N00'1 0'53"E 69.53 feet, thence N84°10'51"E 4.81 feet, thence N20'1 8'36"E 33.58 feet, thence N79°39'29"E 72.67 feet, thence N77°50'56"E 155.60 feet, thence N75°46'13"E 124.30 feet, thence N79'58'1 0"E 48.00 feet, thence N85°56'54"E 137.61 feet, thence S89°48'56"E 381.70 feet, thence S86°59'51"E 245.81 feet, thence S89°47'44"E 130.48 feet, thence S44'1 3'42"E 34.31 feet, thence S89°47'44"E 2.93 feet, thence South 694.60 feet, thence along a curve to the left 350.93 feet, said curve having a radius of 285.00 feet and a chord bearing and distance of S35'1 6'32"E 329.18 feet, thence S70°33'04"E 116.66 feet, thence along a curve to the right 214.67 feet, said curve having a radius of 215.00 feet and a chord bearing and distance of S41 °56'49"E 205.87 feet to the POINT OF BEGINNING: Containing 26.9530 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (PARCEL B RSF-4 TO R -A) A part of the NW1/4 of the SW1/4 of Section 6, T16N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the SE Corner of said NW1/4, SW1/4, thence N89°59'34"W 176.50 feet, thence N00°00'26"E 27.76 feet to the POINT OF BEGINNING, thence N83°40'33"W 193.85 feet, thence N67'1 6'00"W 756.00 feet, thence N79°51'00"W 517.91 feet, thence N88°21'00"W 369.64 feet, thence N62°37'11 "W 13.47 feet, thence N00'1 0'53"W 131.57 feet, thence S51 °32'47"E 44.52 feet, thence N88'20'1 7"E 11.46 feet, thence S79°43'00"E 306.10 feet, thence S67038'50"E 44.07 feet, thence S79051'00"E 525.87 feet, thence S67016'00"E 754.49 feet, thence S83°16'06"E 175.24 feet, thence along a non tangent curve to the right 50.10 feet, said curve having a radius of 215.00 feet and chord bearing and distance of S06°40'04"E 49.98 feet to the POINT OF BEGINNING: Containing 2.4645 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (PARCEL C RSF-1 TO R -A A part of the NE1/4 of the SE1/4 of Section 1, T16N, R31W in Washington County, Arkansas and being described as follows: Beginning at the SE Corner of said NE1/4, SE1/4, said point being the POINT OF BEGINNING, thence N89°30'32"W 659.85 feet, thence along a non tangent curve to the right 213.83 feet, said curve having a radius of 542.00 feet and chord bearing and distance of N31°31'21"E 212.45 feet, thence N43020'43"E 73.21 feet, thence N46'39'1 7"W 12.50 feet, thence N43°20'43"E 150.27 feet, thence N39°42'50"E 55.22 feet, thence N42°58'23"E 308.22 feet, thence along a non tangent curve to the left 29.13 feet, said curve having a radius of 550.00 feet and chord bearing and distance of N41 °49'54"E 29.13 feet, thence S51 °32'47"E 176.14 feet, thence S00'11 0'53"E 538.02 feet to the POINT OF BEGINNING: Containing 6.1032 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (PARCEL D RSF-1 TO C -S A part of the NE1/4 of the SE1/4 of Section 1, T16N, R31W in Washington County, Arkansas, and being described as follows: Commencing at the SE Corner of said NE1/4, SE1/4, thence N00'1 0'53"W 538.02 feet to the POINT OF BEGINNING, thence N51 °32'47"W 176.14 feet, thence along a non tangent curve to the left 120.03 feet, said curve having a radius of 550.00 feet and chord bearing and distance of N34003'44"E 119.80 feet, thence along a non tangent curve to the left 198.40 feet, said curve having a radius of 563.50 feet and chord bearing and distance of N20038'51 "E 197.38 feet, thence S00°10'53"E 393.48 feet to the POINT OF BEGINNING: Containing 0.5261 acres more or less subject to easements and right of way of record. DESCRIPTION: (PARCEL E RSF-1 TO C -S A part of the NE1/4 of the SE1/4 and a part of the SE1/4 of the SE1/4 of Section 1, T16N, R31W in Washington County, Arkansas, and being described as follows: Beginning at the SW Corner of said NE1/4, SE1/4, said point being the POINT OF BEGINNING, thence N00°08'03"W 425.71 feet, thence N67°21'40"E 100.84 feet, thence N26°27'53"E 86.09 feet, thence N33°49'55"E 3.68 feet, thence N59'1 5'27"E 29.79 feet, thence N25'1 3'07"E 34.52 feet, thence N37°50'40"E 11.24 feet, thence N57°26'48"E 46.44 feet, thence N84°24'19"E 158.81 feet, thence N77°00'35"E 240.09 feet, thence S81 °50'03"E 19.48 feet, thence S01 °47'11 "E 166.22 feet, thence S00048'27"E 216.75 feet, thence along a curve to the right 114.77 feet, said curve having a radius of 425.00 feet and a chord bearing and distance of S06°55'43"W 114.42 feet, thence along a non tangent curve to the left 389.85 feet, said curve having a radius of 655.50 feet and chord bearing and distance of S19027'47"W 384.13 feet, thence S02°25'30"W 71.50 feet, thence N89°41'13"W 492.99 feet, thence N00°08'03"W 235.71 feet to the POINT OF BEGINNING: Containing 11.2811 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (PARCEL F RSF-1 TO R -A A part of the NE1/4 of the SE1/4 of Section 1, T16N, R31W in Washington County, Arkansas, and being described as follows: Commencing at the SW Corner of said NEI/4, SE1/4, thence N00°08'03"W 425.71 feet to the POINT OF BEGINNING; thence N00008'03"W 312.67 feet, thence N82°27'57"E 307.21 feet, thence N73°05'57"E 88.90 feet, thence N68°22'57"E 109.10 feet, thence N46°15'57"E 68.10 feet, thence N85012'57"E 90.24 feet, thence along a non tangent curve to the left 108.50 feet, said curve having a radius of 1,225.00 feet and chord bearing and distance of S00045'04"W 108.46 feet, thence S01'47'1 VE 99.24 feet, thence N81 °50'03"W 19.48 feet, thence S77°00'35"W 240.09 feet, thence S84'24'1 9"W 158.81 feet, thence S57°26'48"W 46.44 feet, thence S37°50'40"W 11.24 feet, thence S25'1 3'07"W 34.52 feet, thence S59'1 5'27"W 29.79 feet, thence S33°49'55"W 3.68 feet, thence S26°27'53"W 86.09 feet, thence S67°21'40"W 100.84 feet to the POINT OF BEGINNING: Containing 2.8416 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION; (PARCEL G RSF-1 TO R-A� A part of the NEI/4 of the SE1/4 of Section 1, T16N, R31W in Washington County, Arkansas, and being described as follows: Commencing at the SE Corner of said NE1/4, SE1/4, thence N89°30'32"W 707.70 feet, thence along a non tangent curve to the right 55.81 feet, said curve having a radius of 595.00 feet and chord bearing and distance of N23°02'47"E 55.79 feet, thence N25°44'00"E 52.26 feet, thence along a curve to the left 182.35 feet, said curve having a radius of 475.00 feet and a chord bearing and distance of N14°44'08"E 181.23 feet to the POINT OF BEGINNING; thence continue Northerly along said curve through a central angle of 04°32'43", a distance of 37.68 feet, thence N00°48'27"W 217.17 feet, thence N01'47'1 I V 265.88 feet, thence along a curve to the right 29.98 feet, said curve having a radius of 1,175.00 feet and a chord bearing and distance of N01 °03'19"W 29.98 -feet, thence East 50.40 feet, thence North 38.91 feet, thence S44°18'07"E 77.56 feet, thence S55°39'31 "E 15.26 feet, thence S79'48'1 4"E 78.84 feet, thence S68°01'04"E 56.27 feet, thence S76°59'25"E 86.03 feet, thence S60°42'59"E 74.91 feet, thence S43020'43"W 101.46 feet, thence N46°39'17"W 7.15 feet, thence S76°01'56"W 51.77 feet, thence S41018'1 8"W 239.29 feet, thence along a non tangent curve to the left 62.91 feet, said curve having a radius of 41.00 feet and chord bearing and distance of S02039'00"E 56.92 feet, thence S46°34'32"E 3.65 feet, thence S43°20'43"W 156.49 feet to the POINT OF BEGINNING: Containing 2.3435 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (PARCEL H RSF-1 TO C -S) A part of the NE1/4 of the SE1/4 of Section 1, T16N, R31W in Washington County, Arkansas, and being described as follows: Commencing at the SE Corner of said NE1/4, SE1/4, thence N89°30'32"W 707.70 feet, thence along a non tangent curve to the right 55.81 feet, said curve having a radius of 595.00 feet and chord bearing and distance of N23°02'47"E 55.79 feet, thence N25°44'00"E 52.26 feet, thence along a curve to the left 220.03 feet, said curve having a radius of 475.00 feet and a chord bearing and distance of N12°27'47"E 218.07 feet, thence N00°48'27"W 217.17 feet, thence N01 °47'11"W 265.88 feet, thence along a curve to the right 29.98 feet, said curve having a radius of 1,175.00 feet and a chord bearing and distance of N01 °03'19"W 29.98 feet, thence East 50.40 feet, thence North 38.91 feet to the POINT OF BEGINNING; thence North 205.49 feet, thence along a non tangent curve to the right 22.82 feet, said curve having a radius of 95.00 feet and chord bearing and distance of N61'1 7'56"E 22.76 feet, thence N68'1 0'46"E 71.00 feet, thence N88°42'46"E 361.85 feet, thence S37°32'42"E 36.91 feet, thence N84°10'51"E 7.27 feet, thence S00°10'53"W 58.28 feet, thence along a curve to the right 343.90 feet, said curve having a radius of 456.50 feet and a chord bearing and distance of S21 °45'48"W 335.83 feet, thence S43°20'43"W 10.14 feet, thence N60°42'59" W 74.91 feet, thence N76°59'25"W 86.03 feet, thence N68°01'04"W 56.27 feet, thence N79°48'14"W 78.84 feet, thence N55°39'31"W 15.26 feet, thence N44°18'07"W 77.56 feet to the POINT OF BEGINNING: Containing 3.5184 acres more or less subject to easements and right of way of record. CITY OF l+AYE1'TFVILLF, ARKANSAS REZONING Please fill out this form completely, supplying all necessary information and documentation to support your request, Your application iuill not lie plreced on the Planning (.70mmission agenda umil this information isfurnished, r'` pplicatioil: Indicate one contact person for this request: Applicant (person'making request); Name: d h•L UA _ _ Applicant V Representative Representative (engineer, survey=or, realtor, etc,): f� ►Ay Marne; � . t"�'?'�'-n SC:�� Address; cr N r i s'�s Address: Phone; G � Fat: Site Address / Location: -a Phone:: ,q Fax c Fri'^ Current Zoning District: � JWIF "1 Requested Zoning District: rL /#- ,y Assessor's Parcel Number(s) for subject property: —1;x, 44' nC!.tr " 'ev FINANCIAL INTERCSIS e-1,1149 The following entities and I or people have financial interest in this project: ktarch 1014 Page i FOR S2;dF1' USE Of4'LY FEE. 0325.O0 Date rlpplicralion Subminecl: Sir�rn Fe 5 - Daze Aceepted as Complete: S -"f' -R: Case I Appeal A`umhe'r.: PPJA- Public Hearing Date: Lane.' Please fill out this form completely, supplying all necessary information and documentation to support your request, Your application iuill not lie plreced on the Planning (.70mmission agenda umil this information isfurnished, r'` pplicatioil: Indicate one contact person for this request: Applicant (person'making request); Name: d h•L UA _ _ Applicant V Representative Representative (engineer, survey=or, realtor, etc,): f� ►Ay Marne; � . t"�'?'�'-n SC:�� Address; cr N r i s'�s Address: Phone; G � Fat: Site Address / Location: -a Phone:: ,q Fax c Fri'^ Current Zoning District: � JWIF "1 Requested Zoning District: rL /#- ,y Assessor's Parcel Number(s) for subject property: —1;x, 44' nC!.tr " 'ev FINANCIAL INTERCSIS e-1,1149 The following entities and I or people have financial interest in this project: ktarch 1014 Page i APPI -IC,-I;"V7'/ REPRESE.V7A TME- I ccrtil% mjdk�i pcnull) ofjjerWv� 01:111 thC 101C'-1L133ti1- St-MUMel'b aMd llc,r-m makle till dam. w,"brolmion, and licrewidl 'iLibmliticd an: m "ill vespects, to 'lie bem ohnY knc),A!Hjr and belhc1,1 crus! alid C.Orre,:[ I kind'n,"twid that subwl[lw mo" NI. "!IkC w appll, align C:omplelcncs,�, dct�-i-minatt1k.m. or -,,ppi-t-, -4- liml [lie Oty tiff_ hl not approv,-, %ihal I alit jppb� inn ter, or pnight 'o C(mdilion� on approal p I? P E Ilk, Y, 0 V N E, R I TH 0 R ED I GA A T_ I e r I I v a I der p c n a p c 1; 11 r 1 111 1 311 VY 0 .1 f L, tilt J owner",S) Orthe prope-l", th,41 Is Illi sublo-,t of "bis <i l3ltlKaLiDit mid oitm Lwe this appli�atiom and to its filing OfsigttedbY (lie alahorizeda"Yelil, a 101(cryont cucf I i properl.v oviiet be provided indicating thin file aVill is` authirized to m I wi hislher helialif.) Property Owners of Record (alfach cidditional inji) ()rit le(f) J) P, 94 4) Ll dr,!,�s- -;—� Fl� Nam(; (prjrn42dl. D Rezoning Checklist: P-1 ;lhf1 '17 ihejollmvivu itenu to this eq)pliculil)w Paymem in 1101 ofapplic,tbk1 fOr Ole ion, (IbliC 11001']Ct461011 Sl -':11 lee A I ep, �Iptloil of (lie properly (c) be rezoneol. A survev be iequired WOW, (2) a I �CSL , 110 t1i ont PrOj)CNV dt�SC3'i Pt I Oil C,1 11 110t Ll CC U r1a t e I y be 1) la 1 ted or i J* it is d escr I b cd by re le rJ n,-, z o other deeds. � -� I k.)) CD containing a cop\ of the L -un! i,h2scriplion in MS \Vord,inn all required submittal -.,hould be ako 11 41deu-, . oil ule CD in PDF 1. (4) A CoPN of the Coul)[N parcel nl1p h0111 the W,lSllMg1O1l COLinty Assessor's ok,lice or )'rorn HIC \VJ,';h1t11-1l011 COL1111\ 'AebSiLe p rop e r i acid aII adj- C c 1) L p a rc e ls S 110 L I I Cl bk�. idn I i llied uta t I i i s j) a rc u, i inap. The o%,vrw%, 1111"I"e. ofrlcj�ll mailliw address. and tile parce" nurnbcr 1'orcvti1,v adl-,"ceni propetivsh',ill be s1lown on this I-11-ap. Ah2k. 11:33! 11 fly: , CITY OF FAYETTEVILLlE ARKANSAS TO: THRU: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director FROM: Quin Thompson, Planner MEETING DATE: '1VPrar&>.2?f,. 018 PDA"T'ED 3'29-2018 SUBJECT: RZN 18-6122: Rezone (SE & SW OF RUPPLE RD. & MT. COMFORT RD./HAZEN, 361-362): Submitted by JORGENSEN & ASSOCIATES, INC. for properties SE & SW OF RUPPLE RD. & MT. COMFORT RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE, and R -A, RESIDENTIAL AGRICULTURAL and contain approximately 56.02 acres. The request is to rezone the properties to CS, COMMUNITY SERVICES and R -A, RESIDENTIAL AGRICULTURAL. RECOMMENDATION: Staff recommends forwarding RZN 18-6122 to the City Council with a recommendation of approval, based on the findings herein. BACKGROUND: In 2016, the owner requested a similar rezone of the subject property. At the City Council meeting of December 12, 2016 a motion to approve the rezoning failed by a vote of 3-3. The proposed rezoning request is for approximately 56 acres, located on the east and west sides of Rupple Road, south of the intersection of Mount Comfort Road. The property is currently within the RSF-4, RSF-1, and R -A zoning districts, and is in agricultural use with two single-family homes and assorted accessory buildings. Surrounding land use and zoning is depicted on Table 1. Table 1 Surroundinq Land Use and Zoninq Direction from Site Land Use Zoning North Residential; agricultural; church; cemetery RSF-1; R -A; CS South Links at Fayetteville golf course; Oakbrooke Subdivision R-PZD (Links at Fayetteville); R-PZD Oakbrooke East Pathway Baptist Church R -O; P-1 West Agricultural R -A Planning Commission -- a1Ao_1 . —6— Mailing Mailing Address: Agenda Item 7 11.3 W. Mountain Street www.fay4 JRRF*. by Fayetteville, AR 72701 Page 1 of 24 Request: The request is to rezone the property to CS, Community Services (41.8 acres) and R- A, Residential Agricultural (13.8 acres). The applicant has indicated the rezoning is needed for the property to be developed. Public Comment: No public comment as of writing this report. INFRASTRUCTURE: Streets: The subject parcels have access to North Rupple Road and West Mount Comfort Rd. North Rupple Road is an unimproved two-lane asphalt street with no sidewalk, no curb and gutter, and no storm drains. West Mount Comfort is an improved four - lane asphalt street with sidewalk, curb and gutter, and storm drains. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the site. There is an existing 12" water main on the south side of Mount Comfort Road and an existing 6" water main on the east side of Rupple Road. Sewer: Sanitary Sewer is available to the site. There is an existing 24" sewer main available running through the properties along Hamestring Creek. There is also an 8" sewer main bisecting the property and another running on the west side of Rupple Road. A 24" sewer force -main also follows Hamestring Creek, but is not available for connections. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. Large portions of these properties are identified as FEMA regulated floodplains and floodways. Floodplain Development permits would be required at time of development. Hamestring Creek is a protected stream that runs east -west through these parcels. No portions of these parcels lie within the Hillside - Hilltop Overlay District. However, large areas of these parcels contain `Hydric soils' which can be an indicator of wetlands. At time of development a wetland delineation would be required to ensure compliance with all Army Corps of Engineers regulations. Fire: The site will be protected by Ladder 7, located at 835 N. Rupple Road. The property is located approximately 1.2 miles from the fire station with an anticipated response time of approximately 3 minutes to the beginning of the development. The Fayetteville Fire Department has a 6 -minute response time goal for all development. Since the response time for this property is less than 6 minutes, the Fire Department does not feel this development will negatively impact response time averages for this area. Police: The Police Department did not express any concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the majority of the property as City Neighborhood Area, with the Hamestring Creek riparian corridor as Natural Area, area south of Hamestring Creek as Civic and Private Open Space/Parks (assumed that the Links at Fayetteville golf course might expand into this area), and a small portion of Residential Area in the southeastern portion of the site. City Plan 2030 generally defines these designations as follows: Planning Commission March 26, 2018 Agenda Item 7 G:\ETC\Development Services Review\2018\Development Review\18-6122 RZN SE & SW of Rupple Rd. 18-6122 Hazen & Mt Comfort Rd. (Hazen) 361-362\03 Planning Commission\03-26-2018\Comments and Redlines Page 2 of 24 Natural Areas consist of lands approximating or reverting to a wilderness condition, including those with limited development potential due to topography, hydrology, vegetation or value as an environmental resource. These resources can include stream and wildlife corridors, as well as natural hubs and cores, as identified in the FNHA study, many of which make up the backbone of the enduring green network. A Natural Area designation would encourage a development pattern that requires conservation and preservation, prevents degradation of these areas, and would utilize the principles of low impact development for all construction. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single family, multifamily and rowhouses. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhood, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features in the natural environment. 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 multifamily. Non-residential uses range in size, variety and intensity from grocery stores and offices to churches, and are typically located at corners and along connecting corridors. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. Civic and Private Open Space/Parks Areas are sites that are permanently dedicated to open space or park land. FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The proposed zoning is compatible with surrounding land use in this area, which contains a mixture of church/cemetery uses to the north and east, and medium — high density residential developments to the south, and undeveloped land to the west. The proposed CS zoning would allow in a significant shift in development patterns in this area of west Fayetteville. CS would permit high density residential and non-residential development in a traditional town form pattern. This pattern is different, but can be compatible with and would allow uses, goods, and services that support surrounding neighborhoods. Land Use Plan Analysis: The proposed zoning is consistent with the Future Land Use Map (FLUM) of the City Plan 2030. The goals of City Plan 2030 include making the traditional town form the standard. The CS zoning district encourages patterns of development that result in realizing this goal, including an expectation that non-residential buildings will be located close to the street with parking to the side or rear, creating an environment appealing to pedestrians and reducing the visual impact of parking areas. A mixture of residential and commercial uses is typical in a traditional urban form, with buildings addressing the street. Planning Commission March 26, 2018 Agenda Item 7 G:\ETC\Development Services Review\2018\Development Review\18-6122 RZN SE & SW of Rupple Rd. 18-6122 Hazen & Mt Comfort Rd. (Hazen) 361-362\03 Planning Commission\03-26-2018\Comments and Redlines Page 3 of 24 This area of the City has a large number of residents, but lacks basic goods and services, requiring those residents to drive long distances to meet their daily needs. The FLUM designation of this area as City Neighborhood recognizes this issue and the applicant's proposal at this future intersection could help alleviate the lack of services in the area. The proposal to rezone the Hamestring Creek riparian corridor to R -A (over 14 acres) as it extends east -west across the site ensures that sensitive environmental areas will either be conserved or developed at a very low density. The proposal would allow higher density and intensity in more developable areas, and conservation and low density in sensitive areas identified as desirable to establishing the City's Enduring Green Network. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed zoning is justified and needed to accommodate development of this area that has been anticipated in the City's comprehensive plan for several years. The proposed CS zoning will encourage appropriate commercial or residential development at a future arterial intersection in an area that has seen intense residential development over the last decade. The CS District is primarily designed to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A CS zoning allows a wide range of commercial activity and unlimited residential density. The proposed rezone would create the potential to substantially increase traffic in the area over the existing zoning. However, with the re -alignment of Rupple Road through the site and the future traffic signal at Mount Comfort/Rupple, increased traffic has been anticipated will be able to be accommodated. Further, non-residential goods and services that would be permitted under the CS zoning would not likely be a regional draw but would primarily accommodate people living in the area. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning a majority of the property to CS could significantly alter population density in the area. CS zoning allows a wide range of commercial activity and unlimited residential density. The rezone request is not likely to undesirably increase load on public services given the existing and anticipated infrastructure improvements, as discussed throughout this report. This rezoning application was sent to the Fayetteville School District, as is every rezoning request. The school district did not provide comment, which is typical of rezoning requests. 5. If there are reasons why the proposed zoning should not be approved in view of Planning Commission March 26, 2018 Agenda Item 7 G:\ETC\Development Services Review\2018\Development Review\18-6122 RZN SE & SW of Rupple Rd. 18-6122 Hazen & Mt Comfort Rd. (Hazen) 361-362\03 Planning Commission\03-26-2018\Comments and Redlines Page 4 of 24 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 18-6122 to the City Council with a recommendation of approval, based on the findings discussed throughout this report. RECOMMENDED MOTION: "I move to forward RZN 18-6122 to the City Council with a recommendation of approval, finding the request compatible with surrounding land uses and consistent with the Future Land Use Map." Planning Commission Action: 0 Forward ~l Tabled O Denied Meeting Date: March 26, 2018 Motion: 1-icrlf I11aft Second: Scroggin Vote: 7-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code sections 161.03 (R -A); 161.05 (RSF-1); 161.07 (RSF-4); 161.20 (CS) ■ Fire Marshal Comments ■ Request letter ■ Rezone exhibit • One Mile Map, Close -Up Map, Current Land Use Map, Future Land Use Map G:\ETC\Development Services Review\2018\Development Review\18-6122 RZN SE & SW of Rupple Rd. & Mt Comfort Rd. (Hazen) 361-362\03 Planning Commission\03-26-2018\Comments and Redlines Planning Commission March 26, 2018 Agenda Item 7 18-6122 Hazen Page 5 of 24 Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the R -A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5-09; Ord. No. 5479, 2-7-12; Ord. No. 594L, , §3, 1-17- 17; Ord. No. 6015, §1(Exh. A), 11-21-17) 161.05 - District RSF-1, Residential Single -Family - One (1) Unit Per Acre (A) Purpose. A district having single-family detached residences on lots with a minimum size of one (1) unit per acre. The district is designed to permit and encourage the development of very low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (C) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (D) Conditional Uses. Unit 2 City-wide uses by conditional use permit Planning Commission March 26, 2016 Agenda Item 7 15-6122 Hazen Page 6 of 24 Unit 3 Public protection and utility facilities i Unit 4 Cultural and recreational facilities I Unit 5 Government facilities — Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (E) Density. Units per acre (F) Bulk and Area Regulations. Lot width minimum 150 feet Lot area minimum Land area per dwelling unit (G) Setback Requirements. 35,720 square feet 35,720 square feet Planning Commission March 26, 2018 Agenda Item 7 18-6122 Hazen Page 7 of 24 Front Side Rear 35 feet 20 feet 35 feet I (H) Building Height Regulations. Building Height Maximum 3 stories (1) Building Area. None. (Code 1965, §160.44; Ord. No. 3792, §4,5-17-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. 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. 5462, 12-6-11; Ord. No. 5921 , § 1, 11-1- 16; Ord. No. 6o 15 , § 1(Exh. A), 11-21-17) 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 i Planning Commission March 26, 2018 Agenda Item 7 18-6122 Hazen Page 8 of 24 permit Unit 3 Public protection and utility 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-family Two (2) family dwellings dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum 70 feet 80 feet width Planning Commission March 26, 2018 Agenda Item 7 18-6122 Hazen Page 9 of 24 Lot area 8,000 square 12,000 square minimum feet feet Land area per 8,000 square 6,000 square dwelling unit feet i feet Hillside Overlay District Lot 60 feet minimum width 70 feet Hillside Overlay 8,000 square 12,000 square District Lot feet feet area minimum Land area per 8,000 square 6,000 square dwelling unit feet feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Planning Commission March 26, 2018 Agenda Item 7 18-6122 Hazen Page 10 of 24 I (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , § 1, 11-1-16; Ord. No. 5945, §8, 1- 17-17; Ord. No. 6015, §1(Exh. A), 11-21-17) 161.20 - District R-0, Residential Office (A) Purpose. The Residential -Office District is designed primarily to provide area for offices without limitation to the nature or size of the office, together with community facilities, restaurants and compatible residential uses. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 12a Limited business Unit 25 Offices, studios, and related services 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 Manufactured home park* Planning Commission March 26, 2018 Agenda Item 7 18-6122 Hazen Page 11 of 24 11 Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit Unit 45 (C) Density. Small scale production Units per acre 24 or less (D) Bulk and Area Regulations. (Per dwelling unit for residential structures) (1) Lot Width Minimum. 100 Manufactured home park feet Planning Commission March 26, 2018 Agenda Item 7 18-6122 Hazen Page 12 of 24 Home occupations 24 Unit Multi -family dwellings 26 Unit Wireless communications facilities* 36 Unit Clean technologies 42 Unit 45 (C) Density. Small scale production Units per acre 24 or less (D) Bulk and Area Regulations. (Per dwelling unit for residential structures) (1) Lot Width Minimum. 100 Manufactured home park feet Planning Commission March 26, 2018 Agenda Item 7 18-6122 Hazen Page 12 of 24 Lot within a manufactured home 50 feet park Single-family 60 feet i r Two (2) family 60 feet Three (3) or more 90 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a manufactured 4,200 square home park feet Townhouses: Planning Commission March 26, 2018 Agenda Item 7 18-6122 Hazen Page 13 of 24 10,000 square Development feet r' 2,500 square Individual lot feet Single-family 6,000 square feet Two (2) family 6,500 square feet Three (3) or more 8,000 square feet Fraternity or Sorority 1 acre Planning Commission March 26, 2018 Agenda Item 7 18-6122 Hazen Page 13 of 24 (3) Land Area Per Dwelling Unit. Manufactured home 3,000 square feet Townhouses & apartments: No bedroom One bedroom Two (2) or more bedrooms Fraternity or Sorority 1,000 square feet 1,000 square feet 1,200 square feet 500 square feet per resident (E) Setback Regulations. 15 Front feet Front, if parking is allowed between the 50 right-of-way and the building feet 15 Front, in the Hillside Overlay District feet 10 Side feet Side, when contiguous to a residential 15 district feet 8 Side, in the Hillside Overlay District feet Planning Commission March 26, 2018 Agenda Item 7 18-6122 Hazen Page 14 of 24 25.. Rear, without easement or alley feet 10 Rear, from center line of public alley feet 15 Rear, in the Hillside Overlay District feet (F) Building Height Regulations. Building Height Maximum 5 stories If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. (Code No. 1965, App. A., Art. 5(x); Ord. No. 2414, 2-7-78; Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-29-70; Code 199 1, § 160.041; Ord. No. 4100, §2 (Ex. A), 6-16- 98; Ord. No. 4178, 8-31-99; Ord. No. 4726, 7-19-05; Ord. No. 4943, 11-07-06; Ord. No. 5079, 11-20-07; Ord. No. 5195, 11-6-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5735 1-20-15; Ord. No. 5800, § 1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 1 l -1-16; Ord. No. 5945, § § 5, 79, 1-17-17; Ord. No. 6015, § 1(Exh. A), 11-21-17) Planning Commission March 26, 2018 Agenda Item 7 18-6122 Hazen Page 15 of 24 PUPPLI. 0 0 - ALBANY LN 9AV 3J-41-10C]Vb -n x E 0 c: RUPPLE RD n 0 SALEM RD JV - 71, N M > 0 0 N U) n 0 M M Z --Pp Z DZ ZN0(D 0 0c/) 1. in --I r- -< Z E 0 100 U) M 0 OD ;a >G M r- I > P 1 0) in( Commission w I 0 G) March 26, 2018 M M Pgends Item 7 M Z U) U) 1 -6122 Hazen age 16 of 24 CITE' OF T ay ev —11'1e ARKANSAS TO: Quin Thompson, Planner CC: Assistant Chief Harley Hunt, Fire Marshal Battalion Chief Brian Sloat, Deputy Fire Marshal FROM: Rodney Colson, Fire Protection Engineer DATE: February 20, 2018 SUBJECT: RZN 18-6122: Rezone (SE & SW of Rupple Rd. & Mt. Comfort Rd./Hazen, 361-362) The Fire Department has no comments regarding the rezoning request. Fire apparatus access, water supply and fire protection will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. The site will be protected by Ladder 7, located at 835 N. Rupple Road. The property is located approximately 1.2 miles from the fire station with an anticipated response time of approximately 3 minutes to the beginning of the development. The Fayetteville Fire Department has a 6 -minute response time goal for all development. Since the response time for this property is less than 6 minutes, the Fire Department does not feel this development will negatively impact response time averages for this area. Planning Commission FAYETTEVILLE FIRE MARSHAL'S OFFICE Agenda Item 7 833 N. Crossover Roast n vv�.fay $tf�� I'c v Faye tev€lle, AR 77701 27(]1 Page 17 of 4 J O R G E N S E N Fa t Banbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 +ASSOCIATES Fax: 479.582.4807 February 14, 2018 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Planning Dept. Re: Rezoning Hazen Property Attached please find information pertaining to the rezoning request for the Hazen property located at the intersection of Rupple Road and Mt. Comfort. This property is currently zoned R -A, RSF-4 and RSF-1. The request is to rezone the property north of the creek to C -S (currently it is zoned RSF-4). We request the property to the south of the creek to be rezoned to R -A. We request the property west of Rupple Road to be rezoned to C -S (south of the creek) with a portion next to the creek to be zoned to R -A. Rupple Road is planned to be relocated to the east and after completion of the new section the old road and right of way will be removed / abandoned. The property to the west of the property is zoned R -A, to the south RPZD, to the north is R -O, RSF-1 and R -A. The property to the east is P-1 and R -O. Water and sewer currently exists on the property. We feet that the requested zonings are in line with goals of the 2030 plan. Utilities are currently available and with the planned improvements to Rupple Road we feel this rezoning request will not adversely impact the existing infi-astructure. Please review and call concerning any questions you may have, Thank you. Sincerely; avis L. foegensen, P.E. Planning Commission March 26, 2018 Agenda Item 7 18-6122 Hazen Page 18 of 24 AWM J +ASSOCIATES " r , Febuary 12th, 2018 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: Hazen Property Rezoning This letter is in regards to a proposed rezoning and the following required information: A. The current owner of this site is as follows: 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 Fax: 479.582.4807 a. 765-13648-000 (James & Judith Hazen) b. 765-13649-000 (James & Judith Hazen) c. 765-24063-000 (James &Judith Hazen) d. 765-24067-000 (James & Judith Hazen) e. 765-24068-000 (James & Judith Hazen) B. Currently these properties are zoned RSF-1, RSF-4, and R -A. The reason for the requested C -S zoning is to allow this property to be developed under C -S conditions. We are also requesting R -A zoning along the creek to help create a natural buffer. C. There are various zoning districts around these properties. The property due west is zoned R -A. The property due south is zoned RPZD (The Links at Fayetteville). The properties due north are zoned R-0, RSF-1, R -A, and the recently rezoned C -S (proposed Dollar General at the NW corner of Salem and Mount Comfort). The properties due east are zoned R-0 and P-1 (Pathway Church). D. Existing water and sewer are already at this site. There is an existing 12 -inch water line on the south side of Mount Comfort and an existing 6 -inch on the east side of Rupple Rd. There is an existing 24 -inch Hobas sewer line and 12 -inch ductile iron pipe available running through the properties along the creek. There is also an 8 -inch sewer bisecting the property and another running on the west side of Rupple Rd. E. We feel the requested zonings are in line with the goals of the City Plan 2030 for rezoning and development in the future to be compatible the adjacent developments. F. Per the city's future land use plan this area is called out to be a City Neighborhood Areas which C -S is a form based zoning under this umbrella. G. Adjacent streets have been or are planned to be improved in the near future allow this area to grow. Mount Comfort was recently widened with traffic signal and the Rupple Road realignment and widening is planned in the near future. H. The potential to increase the population density in this area as a result of this rezoning would not undesirably increase load on public services. The properties at question lie at the intersection of two master planned roads where significant improvements have been or will be made, and will allow for increased loads. Utilities are currently available and at a significant size to where we do not believe any adverse impacts to the existing system would occur. I. R -A is not conducive to any future developments in this area. Sincerely, r J stip L. Jorge sen, PE Planning Commission March 26, 2018 Agenda Item 7 18-6122 Hazen Page 19 of 24 PROJECT TITLE: HAZEN REZONE JORGENSEN A S -C1 AT ES" PROJECT LOCATION; FAYETTEVILLE. AIL RZN18-6122 HAZEN A& One Mile View NORTH I I [? 0.125 0.25 0.5 Miles MCLAREN DR RSf-1 M NG MIST DR {� QItSF4 cc w m W W 0 R -A BRIDGE RSF-8 C-1 "4' RPZD P-1 Legend Planning Area L _ - Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) A Design Overlay District ....... Planning Area tl Building Footprint {-�I ty u Fayetteville CityLims it�J I." EXTRACTION flB8R1EHTdMC6W4LE-PAIiM.Y �F.-t ilfpb.W/Vnlat ril COMMERCIAL IFp'•1 nliol0— W'0 FORM BASED DISTRICTS IN D razsimmL.MtlLTFT miw I.ia�n sneelacemer on "F40 MrWlw, 0 M 71.Fy.N.� Owen ,n General Mur.. �mn.snrvee. B -M pn Ih otl Snry MW .1M AN Neiytih^r d Conservation RMF -M RMF -40 INDUSMAL Fl HMgConimeicial ane ��gi�l lnc�evial INBTCI;� I� 26, 201 - F Ganerall^^°°nal Agenda Item Page 21 of 24 RZN 18-6122 Close Up View P-1 HAZEN 1 R -O Propose)CC-1-S 1 1 Proposed to R-AProposed1 to R -A 11S N 1 V/ f Proposed to C -S f I I I roposed to R -As I I BRIDGE r RPZD I"♦ I� I® PJrG �C2 A - �Q Q R -A Proposed to C -S R SF -4 Legend S Planning Area Fayetteville City Limits Feet Shared Use Paved Trail Trail (Proposed) 0 180 360 720 1,080 1,440 Building Footprint 1 inch = 500 feet Cs RI -12 I NORTH Zoning Total Acreage: R -A = 13.8 acres C -S = 41.8 acres Planning Commissior March 26, 201 Agenda Item i Page 22 of 24 RZN18-6122 HAZEN Current Land Use NORTH ' � k f ,r;; ' .. � �` - ., rF{ 'ft4S,fi I ..i.� �� � � •..� Segj,'1� �' y-: rLOf NO;© IT AM l+.ae' ? _ •'tel l O+� " � CL• r �� Lll�� �l . �-�� ,,,t .�e W -j b Q I i ` r Z. a' r ;m;, oA Church' - Single -Family >• fit' +` pyOU3r ; + UNT COMFORT RD - - Church IO tcr' r t Single-Familyy Single-Family J 1AMr< r- n!I[�t-1T 1yj1t1li• 4V . P � '�»� • f, � it LI; 1� cl S-f 1 C K W • a Multi-Family fl,�rc� ` FAIRF4}I ST of ry1� s tiw �r Ak �r rf i ESS A'yyR 'u1 415: Z BUCKEYE ST [% Streets Planned MSP Class FEMA Flood Hazard Data COLLECTOR 0 PRIN ARTERIAL PKWY Streets Existing 10U-Year Fluadplaln MSP Class Feet,ay � F10`° COLLECTOR MINOR ARTERIAL 0 180 360 720 1 `PRIN ARTERIAL PKWY .I,080 1,440 1111. Tra it(Prnp—d) 1 inch = 500 feet Planning Commissim 1.r Planning Area March 26, 201 1_ , FayeleWle City Limit, Agenda Item Page 23 of 24 RZN 18-6122 Future Land Use D DUCK OR �A HAZE'N LONOKE ST MOUNT COMFORT RC NORTH B Il]GE � c� 10 r° STARRY NIGHT VW ♦, tv ~%, 5 LOOP �a �$A4F 04:�'O STICK 'N O A lO G Legend S Planning Area t t Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint Feet 0 180 360 720 1,080 1,440 1 inch = 500 feet FUTURE LAND USE 2030 Natural Area Residential Neighborhood Area City Neighborhood Area .� Civic and Private Open Space/Parks Civic Institutif9nning Commissior March 26, 201 Agenda Item 1 AIR 199 1 ftp Fir Page 24 of 24 u3 a d J Uj iLL1. z U Q Q ❑ FAIRFAX ST a Q O ESSEX DR Lu Lu W � U [LO w Feet 0 180 360 720 1,080 1,440 1 inch = 500 feet FUTURE LAND USE 2030 Natural Area Residential Neighborhood Area City Neighborhood Area .� Civic and Private Open Space/Parks Civic Institutif9nning Commissior March 26, 201 Agenda Item 1 AIR 199 1 ftp Fir Page 24 of 24 NORTHWEST ARKANSAS jeM0C___A, IrMliazette FdL O. BOY lvd7, =i YETTEL'l E, Af , 72702 > 479 =;2•'_90 , p:AX. 479-6,2S.1118 • i'H Y^1 `���r`v`AUG CU"' AFFIDAVIT OF PUBLICATION I Cathy Wiles, 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 £ CITY OF FAYETTEVILLE Ord, 6063 Was inserted in the Regular Edition on: May 10, 2018 Publication Charges: $ 88.40 &a, W4 Cathy Wiles Subscribed and sworn to before me This?-� day oflylc-y , 2018. jo"�� 4v,4x,-- Notary Public My Commission Expires: Z)12) 2 $ TAMMY RUSHER Notary Public — Arkansas Washington County Commission n 12703120 61v Commission Expires Feb 12. 2028 **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED IJUN 12 2018 Ordinance: 6063 CITY OFF fTNEAbLE2018-0203 CITY CLE WS (DURO& (SE & SW OF RUPPLE RD & MT COMFORT RD./HAZEN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18-6122 FOR APPROXIMATELY 56.02 ACRES LOCATED AT SOUTHEAST AND SOUTHWEST OF RUPPLE ROAD AND MOUNT COMFORT ROAD FROM RSF- 4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE, AND R -A, RESIDENTIAL AGRICULTURAL TO CS, COMMUNITY SERVICES AND R -A, RESIDENTIAL AGRICULTURAL 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, RSF-1, Residential Single Family, 1 unit per acre, and R -A, Residential Agricultural to about 41.8 acres of CS, Community Services and about 13.8 acres of R -A, Residential Agricultural. 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 5/1/2018 Approved: Lioneld Jordan, Mayor Attest Sondra E. Smith, City Clerk Treasurer 74524181 May 10, 2018