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ORDINANCE 6071
113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6071 File Number: 2018-0247 RZN 18-6152 (4005 W. MLK BLVD/DUGGAR): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18- 6152 FOR APPROXIMATELY 23.45 ACRES LOCATED AT 4005 WEST MARTIN LUTHER KING JR. BOULEVARD FROM R -A, RESIDENTIAL AGRICULTURAL TO UT, URBAN THOROUGHFARE AND CS, COMMUNITY SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Amended Agenda Memo from R -A, Residential Agricultural to UT, Urban Thoroughfare for 10.77 acres and to CS, Community Services for 12.88 acres. 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 6/19/2018 A nnrnJd- Attest: Sondra E. 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NI33X1a03 L'91f.CfV 3lY1Stl0N661NI0tl 0!K 10»u 3lor W OIIS 30 a30f 0] 15IiI1a W13xi lY ONN13R'ICa A� O�Ia]630 AtmIIY.IINNd a�N)1'SI3tIYA1N'A1m10] ILD10NH4tlM'311M3ll3AYd'Mrlf'tl'NSIl'9ZNOLLJ35i0 %135311 AIUIN 3H1 dO1ma Y rll V 1191HX3 Z919 -8L NZ2l I I OOf OOZE w004 0 I Niii i' I � jL�� }- �ro-e�eai-cs� � 000 ,ssel-cv, I ��E3$ 4 wzwe ooa-ouaiKu w tir�u�iv r 'r-r�+ili'v RZN 18-6152 EXHIBIT B COMMUNITY SERVICES:.0 S. DESCRIPTION: PARCEL No. 765.96272.009 & 765-16280-000 A PART OF THE N112 OF THE SEI/4 OF SECTION 24, A 80 ACRE TRACT, T -16-N, R -31-W, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE NORTHEAST CORNER OF SAID 80 ACRE TRACT, SAID POINT BEING A STATE MONUMENT FOR THE E 114 CORNER OF SAID SECTION 24; THENCE ALONG THE COMMON RANGE LINE FOR RANGE 30 AND 31, T -16-N, S OOE 48'57" W 163.02 FEET TO A POINT ON THE SOUTHERN RIGHT-OF-WAY ( ROW) OF US HIGHWAY 62; THENCE CONTINUE ALONG SAID RANGE LINE S OOE 48' 57" W 301.64, AND THENCE DEPARTING SAID RANGE LINE S 74E 35' 03" W 262.34 FEET; SAID POINT BEING THE POINT -OF -BEGINNING (POB) OF SAID PROPOSED ECS. ZONING; THENCE S 05E 18'00" E 123.50 FEET; THENCE S 89E 11' 03" E 218.73 FEET TO WESTERN ROW OF HANSHEW ROAD; THENCE ALONG SAID ROW S OOE 48'57 m W 191.50 FEET TO THE SOUTHEAST CORNER OF SAID PROPOSED ■CS. REZONING; THENCE DEPARTING SAID ROW & ZONING CORNER S 69E56'49" W 203.80 FEET; THENCE S 44E 59'05" W 299.84 FEET; THENCE S 05E16' 43" E 21.50 FEET; THENCE N 86E15' 11" W 490.43 FEET; THENCE S 89E 03'3 4" W 512.20 FEET TO THE WESTERN BOUNDARY OF SAID PROPERTY; THENCE ALONG THE WESTERN BOUNDARY N OOE 48'57" E 274.24 FEET; THENCE N 74E 35'03" E 1215.38 FEET TO THE POINT -OF -BEGINNING, CONTAINING 12.68 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO: THE WEST 20' OF HANSHEW ROAD, AND THE VARIOUS COMPONENTS OF THE SOUTHERN PART OF HANSHEW ROAD. PROPOSED UT ZONING• A PART OF THE N112 OF THE SE114 OF SECTION 24, T -16-N, R -31-W, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE NORTHEAST CORNER OF SAID 80 ACRE TRACT, SAID POINT BEING A STATE MONUMENT FOR THE E 114 CORNER OF SAID SECTION 24; THENCE ALONG THE COMMON RANGE LINE FOR RANGE 30 AND 31, T -16-N, S OOE 48'57" W 163.02 FEET TO A POINT ON THE SOUTHERN RIGHT-OF-WAY ( ROW) OF US HIGHWAY 62; THENCE ALONG SAID ROW S 74E 35'03" W 20.83 FEET TO THE POINT -OF -INTERSECTION OF SAID ROW AND THE WESTERN ROW OF HANSHEW ROAD; SAID POINT BEING THE POINT -OF -BEGINNING (POB) OF LANDS DESCRIBED HEREIN AND PROPOSED TO BE RE -ZONED TO wU T. URBAN THOROUGHFARE, AS FOLLOWS; THENCE CONTINUE ALONG SAID WESTERN HANSHEW ROAD ROW S OOE 48'57" W 491.95 FEET TO THE SOUTHEAST CORNER OF PROPOSED rUT. ZONING; THENCE DEPARTING SAID HANSHEW ROW N 89E 11'03" W 218.73 FEET; THENCE N 05E 18'00" W 123.50 FEET; THENCE S 74E 35'03" W 1215.38 FEET T THE WEST BOUNDARY OF SAID PARCELS; THENCE N OOE 48'57" E 312.45 FEET TO THE SOUTHERN ROW OF US 62 HIGHWAY; THENCE NORTHEASTERLY ALONG SAID SOUTHERN ROW US 62 HIGHWAY, AS FOLLOWS; N 74E 35'03" E 52.62 FEET; N 88E 37'03" E 82.50 FEET; N 58E 38'03" E 72.80 FEET; N 74E 35'03" E 600.00 FEET; N 89E 51'43" E 95.38 FEET; N 51E 09'03" E 63.20 FEET; N 74E 35'03" E 485.00 FEET; S 58E 01'03" E 14.10 FEET, AND N 74E35'03" E 6.67 FEET TO THE POB, CONTAINING 10.77 ACRES, MORE OR LESS, FAYETTEVILLE, ARKANSAS. SUBJECT TO: ALL EASEMENTS OF RECORD FILED IN WASHINGTON COUNTY, ARKANSAS. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0247 Agenda Date: 6/19/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 1 RZN 18-6152 (4005 W. MLK BLVD/DUGGAR): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18-6152 FOR APPROXIMATELY 23.45 ACRES LOCATED AT 4005 WEST MARTIN LUTHER KING JR. BOULEVARD FROM R -A, RESIDENTIAL AGRICULTURAL TO UT, URBAN THOROUGHFARE AND CS, COMMUNITY SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Amended Agenda Memo from R -A, Residential Agricultural to UT, Urban Thoroughfare for 10.77 acres and to CS, Community Services for 12.88 acres. 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 6/20/2018 City of Fayetteville Staff Review Form 20180247 Legistar File ID 5/15/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 4/27/2018 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: RZN 18-6152: Rezone (4005 W. MLK BLVD./DUGGAR, 595): Submitted by MILHOLLAND ENGINEERS, INC. for property located at 4005 W. MILK BLVD. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 23.76 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: r4d;POON' CITY COUNCIL AGENDA MEMO CITY CF FAYETTEVI LLE ARKANSAS MEETING OF MAY 15, 2018 TO: Mayor, Fayetteville City Council THRU: Garner Stoll, Development Services Director FROM: Quin Thompson, Planner DATE: April 27, 2018 SUBJECT: RZN 18-6152: Rezone (4005 W. MILK BLVD./DUGGAR, 595): Submitted by MILHOLLAND ENGINEERS, INC. for property located at 4005 W. MLK BLVD. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 23.76 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE. RECOMMENDATION: Planning Staff and the Planning Commission recommend approval of the request to rezone property as depicted in Exhibits 'A' and `B'. BACKGROUND: The subject property is located at 4005 W. Martin Luther King Boulevard and contains approximately 23.76 acres and is zoned R -A, Residential -Agricultural. The overall parcel contains 30.90 acres, however only 23.76 acres of the parcel is proposed for rezoning. Request: The request is to rezone the subject property to UT, Urban Thoroughfare. This proposal would leave approximately 7.14 acres of the overall parcel within the R -A zoning district. Public Comment: Barbara Moorman, a neighbor, opposes the rezoning due to environmental impacts associated with the intense development pattern that the UT zone encourages. Public comment was not provided at the Planning Commission meeting. Land Use Compatibility: The proposed zoning is partially compatible with existing land uses, particularly to the north where small commercial properties exist along Martin Luther King Boulevard. To the east across Hanshew Road, a mix of commercial and residential uses will be compatible with development patterns allowed under the UT zone. To the south, a portion of the lot is to remain within the R -A zoning district, providing a buffer for the very low residential densities found along Hanshew Road. Property adjacent to the west is undeveloped forest within the R -A zoning district. Land Use Plan Analysis: The proposed zoning is consistent with the Future Land Use Map of the City Plan 2030.The goals of City Plan 2030 include making the traditional town form the standard. The UT zoning district encourages patterns of development that result in realizing this goal, Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 including a requirement that buildings will be located close to the street with parking to the side or rear, creating an environment more appealing to pedestrians than the development patterns allowed by a suburban commercial zoning district such as C-1 and C-2, 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. DISCUSSION: At the March 23, 2018 Planning Commission meeting, this request was forwarded by a vote of 8- 1-0 with Commissioner Sharp voting `No'. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN18-6152 DUGGAR 18-6152 dose Up view EXHIBIT 'A' am z J C-1 KNIT -24 c1; Legend Hillside -Hilltop Overlay District - Planning Area L _ Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint Feet 0 112.5 225 450 675 900 1 inch = 300 feet RST -d ('-2 .A& NORTH Zoning Acres UT 23.8 Total 23.8 18-6152 EXHIBIT 'B' GENERAL DESCRIPTION: PARCEL No. 765-16272-001 & 765-16280-000: A PART OF THE N1/2 OF THE SE1/4 OF SECTION 24, A 40 ACRE TRACT, T -16-N, R -31-W, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE NORTHEAST CORNER OF SAID 80 ACRE TRACT, SAID POINT BEING A STATE MONUMENT FOR THE E 1/4 CORNER OF SAID SECTION 24; THENCE ALONG THE COMMON RANGE LINE FOR RANGE 30 AND 31, T -16-N, S OOE 48' 57" W 163.02 FEET TO A POINT ON THE SOUTHERN RIGHT-OF-WAY ( ROW) OF US HIGHWAY 62; SAID POINT BEING THE POINT -OF -BEGINNING (POB) OF SAID PARCEL No. 765-16272-001; THENCE CONTINUE ALONG SAID RANGE LINE S OOE 48'57" W 1148.41 FEET TO THESOUTHEAST CORNER OF SAID NE1/4 OF THE SE 1/4; THENCE DEPARTING SAID 40 -ACRE CORNER N 89E 04'26" W 1322.82 FEET TO A STONE MARKING THE SOUTHWEST CORNER OF SAID NE1/4 OF THE SE1/4 AND PARCEL No. 765-16272-001; THENCE N 89E 04'26" W 96.00 FEET TO THE SWC OF PARCEL No. 765-16280- 000; THENCE DEPARTING SAID SWC OF SAID PARCEL N OOE 48'57" E 743.44 FEET TO THE INTERSECTION OF THE SOUTHERN ROW OF US 62 HIGHWAY; THENCE NORTHEASTERLY ALONG SAID SOUTHERN ROW OF US 62 HIGHWAY, AS FOLLOWS; N 74E 35'03" E 52.62 FEET; N 88E 37'03" E 82.50 FEET; N 58E 38'03" E 72.80 FEET; N 74E 35'03" E 600.00 FEET; N 89E 51'43" E 95.38 FEET; N 51E 09'03" E 63.20 FEET; N 74E 35'03" E 485.00 FEET; S 58E 01'03" E 14.10 FEET, AND N 74E 35'03" E 27.50 FEET TO THE POB ON THE RANGE LINE NEAR THE CENTERLINE OF HANSHEW ROAD, CONTAINING 30.90 ACRES, MORE OR LESS. PROPOSED UT ZONING; A PART OF THE N1/2 OF THE SE1/4 OF SECTION 24, T -16-N, R -31-W, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE NORTHEAST CORNER OF SAID 80 ACRE TRACT, SAID POINT BEING A STATE MONUMENT FOR THE E 1/4 CORNER OF SAID SECTION 24; THENCE ALONG THE COMMON RANGE LINE FOR RANGE 30 AND 31, T -16-N, S OOE 48' 57" W 163.02 FEET TO A POINT ON THE SOUTHERN RIGHT-OF-WAY ( ROW) OF US HIGHWAY 62; SAID POINT BEING THE POINT -OF -BEGINNING (POB) OF LANDS DESCRIBED HEREIN AND PROPOSED TO BE REZONED TO UT COMMERCIAL; THENCE CONTINUE ALONG SAID RANGE LINE S OOE 48'57" W 681.64 FEET TO THE SOUTHEAST CORNER OF PROPOSED UT ZONING; THENCE DEPARTING SAID RANGE LINE S 69E 56'49" W 225.20 FEET; THENCE S 44E 59'05" W 299.84 FEET; THENCE S 05E16' 43"E 21.50 FEET; THENCE N 86E 15'11" W 490.43 FEET; THENCE S 89E 03'34" W 512.20 FEET TO THE WEST SITE BOUNDARY OF PARCEL No. 765-16280-000; THENCE N OOE 48" 57" E 586.69 FEET TO THE SOUTHERN RIGHT-OF-WAY OF SAID US 62; THENCE NORTHEASTERLY ALONG SAID SOUTHERN ROW, AS FOLLOWS; N 74E 35'03" E 52.62 FEET; N 88E 37'03" E 82.50 FEET; N 58E 38'03" E 72.80 FEET; N 74E 35'03" E 600.00 FEET; N 89E 51'43" E 95.38 FEET; N 51E 09'03" E 63.20 FEET; N 74E 35'03" E 485.00 FEET; S 58E 01'03" E 14.10 FEET, AND N 74E 35'03" E 27.50 FEET TO THE POB, CONTAINING 23.76 ACRES, MORE OR LESS, HEREIN DESCRIBED AND PROPOSED TO BE REZONED TO UT COMMERCIAL. IWA 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, April -23.,..201 8 SUBJECT: RZN 18-6152: Rezone (4005 W. MILK BLVD./DUGGAR, 595): Submitted by MILHOLLAND ENGINEERS, INC. for properties located at 4005 W. MLK BLVD. The properties are zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 23.76 acres. The request is to rezone the properties to UT, URBAN THOROUGHFARE. RECOMMENDATION: Staff recommends forwarding RZN 18-6152 to the City Council with a recommendation of approval, based on the findings herein. RECOMMENDED MOTION: "I move to forward RZN 18-6152 to the City council with a recommendation for approval." BACKGROUND: The subject property is located at 4005 W. Martin Luther King Boulevard and contains approximately 30.90 acres and is zoned R -A, Residential -Agricultural. The overall parcel contains 30.90 acres, however only 23.76 acres of the parcel is proposed for rezoning. The surrounding land use and zoning is depicted on Table 1. Table 1 Surrourl Land U Direction from Site Land Use North Commercial South Undeveloped / Residential East Commercial/ Residential West Undeveloped Zoni C-1, Neighborhood Commercial/CS, Commercial Services R -A, Residential/Agricultural C-2, Thoroughfare Commercial/ RSF-4 Residential Single- family R -A, Residential/Agricultural Request: The request is to rezone a portion of the subject property to UT, Urban Thoroughfare. This proposal would leave approximately 7.14 acres of the overall parcel within the R -A zoning district. Public Comment: Barbara Moorman, a neighbor, opposes the rezoning due to environmental impacts associated with the intense development pattern that the UT zone encourages. Mailing Address: Planning Commission 113 W. Mountain Street www.fayetteville-a6003, 2016 Fayetteville, AR 72701 Agenda Item 11 16-6152 Duggar Page 1 of 24 INFRASTRUCTURE: Streets: The subject parcel has access to Martin Luther King Boulevard and Hanshew Road. Martin Luther King Boulevard is an improved four -lane asphalt street with curb, gutter and storm drains, but no sidewalks. Hanshew Road is unimproved two-lane asphalt street with no sidewalk, no curb and gutter, and no 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 parcels. There is an existing 12 -inch main along West Martin Luther King Boulevard. There is also an existing 2 -inch and 6 -inch along South Hanshew Road. Sewer: Sanitary Sewer is limited to the parcels. There is an existing 6 -inch main along South Hanshew Road. The parcel to the west does not have access to sanitary sewer. Drainage: No portion of this property is identified as FEMA regulated floodplains. No part of the parcel lies within the HHOD. There are no protected streams on this parcel. There are hydric soils identified on this parcel. Some areas of the parcels have 15% slope. Any additional improvements or requirements for drainage will be determined at time of development. Fire: The Fire Department did not express concerns with this request. Police: The Police Department did not comment on 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. These 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. 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 partially compatible with existing land uses, particularly to the north where small commercial properties exist along MILK BLVD. To the east across Hanshew Road, a mix of commercial and residential uses will be compatible with development patterns allowed under the UT zone. To the south, a portion of the lot is to remain within the R -A zoning district, providing a buffer for the very low Planning Commission G:\ETC\Development Services Review\2018\Development Review\18-6152 RZN 4005 W. MLK Blvd. (Duggar) April 23, 2018 595\03 Planning Commission\04-23-2018\Comments and Redlines Agenda Item 18-6152 Duggar Page 2 of 24 residential densities found along Hanshew Road. Property adjacent to the west is undeveloped forest within the R -A zoning district. 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 UT zoning district encourages patterns of development that result in realizing this goal, including a requirement that buildings will be located close to the street with parking to the side or rear, creating an environment more appealing to pedestrians than the development patterns allowed by a suburban commercial zoning district such as C-1 and C-2, 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. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning would align the allowable land uses with the City Plan 2030 Future Land Use Map near the intersection of two Principal Arterial streets, Martin Luther King Boulevard and the recently completed Rupple Road extension. The current R -A, Residential Agricultural zoning is no longer appropriate for this increasingly urban location. The proposed zoning provides flexibility with unlimited density that is an appropriate development pattern at this location along a Principal Arterial and near the intersection with Rupple Road, itself a Principal Arterial street and a major north -south connection. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zone is not expected to appreciably increase potential traffic danger or congestion in the area over the current R -A zoning. While the rezone can be expected to lead to dramatically increased traffic to the site, a fully improved Principal Arterial street has adequate capacity to serve this site safely and without significant congestion. Future access points to Hanshew Road will require substantial improvements to that street. 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: The proposed zoning is likely to result in higher density of population, however no undesirable load on public services is anticipated. The Police and Fire Departments have not expressed concerns about the proposed zoning district. 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; Planning Commission GAETC\Development Services Review\2018\Development Review\18-6152 RZN 4005 W MLK Blvd. (Duggar) April 23, 2018 595\03 Planning Commission\04-23-2018\Comments and Redlines Agenda Item 11 18-6152 Duggar Page 3 of 24 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 18-6152 to the City Council with a recommendation of approval, based on the findings discussed throughout this report. Planning Commission Action: X'1 Forward ri Tabled © Denied Meeting Date: April 23, 2018 Motion: AUTRY, MOTION TO FORWARD TO CC W1 RECOMMENDATION FOR APPROVAL Second: JOHNSON Vote: $-1-0, WITH COMMISSIONER SHARP VOTING'NO' BUDGET/STAFF IMPACT: None Attachments: • UDC 161.03 R -A; Residential -Agricultural • UDC 161.24 — UT; Urban Thoroughfare • Fire Marshal Comments • Request letter • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map Planning Commisslon GAETC\Development Services Review\2018\Development Review\18-6152 RZN 4005 W. MILK Blvd, (Duggar) April 23, 2018 595\03 Planning Commission\04-23-2018\Comments and Redlines Agenda Item 11 16-6152 Duggar Page 4 of 24 U 161.27 - Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 ; City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two (2) family dwellings Unit 10 Three (3) family dwellings Unit 12 Limited business* Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 1 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cottage Housing Development (C) Density Ten (10) Units Per Acre (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single Family 40 feet Two Family 80 feet 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. Planning Commission G:\ETC\Development Services Review\2018\Development Review\18-6152 RZN 4005 W. MLK Blvd. (Duggar) ApH123, 2018 595\03 Planning Com miss ion\04-23-2018\Comments and Redlines Agenda Item 11 18-6152 Duggar Page 5 of 24 Side 5 feet Rear 5 feet Rear, from center line of 12 feet 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. 5800, § 1(Exh. A), 10-6-15) Planning Commission G:\ETC\Development Services Review\2018\Development Review\18-6152 RZN 4005 W. MILK Blvd. (Duggar) April 23, 2018 595\03 Planning Comm ission\04-23-2018\Comments and Redlines Agenda Item 11 18-6152 Duggar Page 6 of 24 161.12 - District RI -U, Residential Intermediate - Urban (A) Purpose. The RI -U 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. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 41 ! Accessory dwellings Unit 441 Cluster housing developmciriL (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 Unit 36 Wireless communications facilities Planning Commission GAETC\Development Services Review\2018\Development Review\18-6152 RZN 4005 W. MLK Blvd. (Duggar) April 23, 2018 595\03 Planning Commission\04-23-2018\Comments and Redlines Agenda Item 11 18-6152 Duggar Page 7 of 24 (C) Density. None. (D) Bulk and Area Regulations. Dwelling (all types) Lot width minimum 18 feet Lot area minimum None (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 sheet 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) Planning Commission GAETC\Development Services Review\2018\Development Review\18-6152 RZN 4005 K MLK Blvd (Duggar) April 23, 2018 595\03 Planning Commission\04-23-2018\Comments and Redlines Agenda Item 11 18-6152 Duggar Page 8 of 24 Side Side Rear Rear, from Single & Front Other Other centerline Two (2) Uses Uses of an alley Family A build -to zone that is locatcd between the front i property, line and None 5 feet 5 feet 12 feet 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 sheet 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) Planning Commission GAETC\Development Services Review\2018\Development Review\18-6152 RZN 4005 K MLK Blvd (Duggar) April 23, 2018 595\03 Planning Commission\04-23-2018\Comments and Redlines Agenda Item 11 18-6152 Duggar Page 8 of 24 161.03 - District R -A, Residential -Agricultural (A) Purposes . The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Planning Commission April 23, 2018 Agenda Item 11 18-6152 Duggar Page 9 of 24 Unit 24 Home occupations Unit Outdoor Music Establishments 35 Unit Wireless communications facilities 36 Unit 42 Clean technologies (C) Density. Units per arrP nnP-half ('/) (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: Nonresidential: Lot area per dwelling unit (E) Setback Requirements. 2 acres I 2 acres 2r ac es Planning Commission April 23, 2018 Agenda Item 11 18-6152 Duggar Page 10 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. 5945, §3, 1-17- 17; Ord. No. 6015, § 1(Exh. A), 11-21-17) 161.24 - Urban Thoroughfare (A) Purpose . The Urban Thoroughfare District is designed to provide goods and services for persons living in the surrounding communities. This district encourages a concentration of commercial and mixed use development that enhances function and appearance along major thoroughfares. Automobile -oriented development is prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96: Noise Control, the Urban Thoroughfare district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses . (1) Permitted Uses. Unit City-wide uses by right Unit Cultural and recreational facilities Unit Government facilities Unit Single-family dwellings Planning Commission April 23, 2018 Agenda Item 11 18-6152 Ouggar Page 11 of 24 Unit Two (2) family dwellings 9 Unit Three (3) and four (4) family dwellings 10 Unit 13 Eating places Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation trades and services Unit Gasoline service stations and drive - 18 in/drive through restaurants Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit Offices, studios, and related services 25 Unit 26 Multi -family dwellings Unit 34 Liquor store Unit Accessory Dwellings 41 Unit Cluster Housing Development Planning Commission April 23, 2018 Agenda Item 11 18-6152 Duggar Page 12 of 24 ................ .... _ . 44 Unit 45 j Small scale production Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. City-wide uses by conditional use Unit 2 permit Unit 3 Public protection and utility facilities i Unit Commercial recreation, large sites i 20 Unit 21 Warehousing and wholesale Unit Center for collecting recyclable 28 1 materials Unit Dance halls 29 i Unit Adult live entertainment club or bar 33 Unit Outdoor music establishments 35 Unit Wireless communication facilities 36 Unit Mini -storage units Planning Commission April 23, 2018 Agenda Item 11 18-6152 Duggar Page 13 of 24 t 38- I - Unit 40 Unit 42 Unit 43 Sidewalk cafes Clean technologies Animal boarding and training (C) Density. None (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family dwelling 18 feet All other dwellings None Non-residential None (2) Lot area minimum. None (E) Setback regulations. A build -to zone that is located between 10 Front: feet and a line 25 feet from the front property line. Side and rear: None Side or rear, when 15 feet contiguous to a Planning Commission April 23, 2018 Agenda Item 11 18-6152 Duggar Page 14 of 24 single-family residential district: (F) Building Height Regulations. Building Height Maximum 5 stories/7 stories* * A building or a portion of a building that is located between 10 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or portion of a building that is located greater than 15 feet from the master street plan right- of-way shall have a maximum height of seven (7) 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 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) Minimum buildable street frontage. 50% of the lot width. (Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, § 1(Exh. A), 10-6-15; Ord. No. 5921 , § 1, 11-1-16; Ord. No. 5945 , § § 5, 7, 8, 1-17-17; Ord. No. fi015 , § 1(Exh. A), 11-21-17) Planning Commission April 23, 2018 Agenda Item 11 18-6152 Duggar Page 15 of 24 Quin, ..my comments can be taken as opposition to the urban thoroughfare zoning, When I think of 3030, 1 think of the changes in climate and the global instability that will have occurred by then and of course I think at the same time of the reasons why this will be so. I believe fossil fuels and creation of stripped and paved areas will have contributed. There is no effective compensation, through design, for the loss of long-established prairies, wetlands, creeks, and forests, even older established built neighborhoods, to name only a few of our losses. I also believe most people know this by now but look away because full realization would entail sacrifice, most especially on the part of immediate monetary beneficiaries of Growth. The City pays lip service to reality but churns out plans for the future and approvals for present projects that don't reflect that reality. I won't be here by 3030 to endure the changes of course but younger generations of humans and other denizens of the earth will be. I wish for their sake that the city hadn't taken the turn it's chosen, but at this point I see the relentlessness of it and wish I'd seen it much earlier. Thanks for your understanding and the good work I realize you've put in and are still contributing, and thanks for communicating. Barbara Moorman Planning Commission April 23, 2018 Agenda Item 11 18-6152 Duggar Page 16 of 24 MtLfland Cntpan y nyineerinq C3 Jurveylnq REGISTRATIONS: Melvin l_. Milhollan:d, PE, PLS ARKANSAS: PE & PLS CITY of FAYETTEVILLE MCO Project No. E-928 125 West Mountain Street March 12, 2018 Fayetteville, Arkansas 72701 ATTN: Quin Thomson, Planning Division RE: Part of Parcel No: 765-16272-001; 765-16280-000 MATTER: REZONING 23,759 ACICES REQUEST Mr Quin Thompson: The following information is provided to address the various topics under Item 5 below, to provide the City Staff support for the "U1"" Zoning Application Request; 5.a Current ownership information and any proposed or pending property sales. The current owner is "DUGGAR PROPERTIES, LLC", a limited liability Company, as depicted in Documents of Record filed in public Records of Washington County as Parcel No. 765-16280-000, and No. 765-16272-001. The present Owners have a total of 30.843 acres lying south of Martin Luther King Blvd ( US HWY 62 ), and west of Hanshew Road. During the CU Application process approval by the Planning Commission, the owner was requested by the City Planning Commission with the support of the City Planning Staff, to develop a preliminary layout of the Owner's development intentions for the entire site. Three items were discussed and accepted, pending to proper rezoning and approved improvements, as follows; [1] The approximate 7.142 acres adjacent to the southern and eastern boundaries of the 30.843 acre site, limit any development activity to three potential/proposed residential small sites within the existing grove of timber/trees, AND, preserve the balance of the 8.68 acres as "PRESERVED TREE AREA" limited clearing and grading. The Planning Commission Approved this "PRESERVED TREE" site with the support of the Planning Staff. Owner will provide a Survey of the Tree Preserved area to the City. [2] The Balance of the 30.843 acre site, 23.759 acres, is being requested to be rezoned to "UT", as this matter was discussed with the City Planning staff during the process of CU rezoning! ]3] Pending Property Sales, involves a potential sale of 7.538 acre site to "RESERVE Cad MT KESSLER", for a proposed Upscale Motor Coach RV Park. 5.b. Reason (need) for requesting the zoning change. The simple answer would be to state only that the Owner wants to fully develop the property in time as UT, recognizing the demand for and lack of UT zoning in this area along MLK Blvd. The Owner and the City Planning Commission have agreed with the support of the City Planning Staff, to "Preserve the heaviest area of natural trees" in the southern area of the 30.843 acres, and provide the 23.759 acres of development land with out a need for a "Tree Preservation Survey". ?tanning Commission 205 W Center it; Fayetteville, AR 72701; Phone: (479) 443.024; fax: (479) 4434707; Wet): wwwmMfOellfyom; E-mails:Melrin.Milhullalld sw6ell.net; MCOencrC swheR_eet April 23, 2018 Agenda Item 11 18-6152 Duggar Page 17 of 24 Miliaolland Company &Vlneericacf. t ccrvecdirc� Melvin L. Milholland, PE, PLS REGISTR,T ONS: ARKANSAS: PE & PLS 5.c. Statement of how the proposed rezoning will relate to surrounding properties in terms of land use, traffic, appearance, and signage. The project area is currently zoned RA and is bound along its north and east boundaries by MLK .Blvd and Hanshew Road with Commercial zoned properties, and on its south and west of similarly zoned RA zoned properties sparsely developed and non-developed respectively. The proposed placement of Commercial lots adjoining existing and proposed developments will be very compatible. Traffic as always is a concern to current users of the existing roadway system, Highways &/or as small city street, as well as to the prospective purchaser of a Commercial site, and to the developer marketing the sale of the UT Lots. Naturally, all new development increases traffic flow. The fact is that the adjacent MLK BLVD on the north side of the proposed zoning area has been improved to a five (5) lane US HWY, and allows for additional development along its route. The City design regulations requires a 200 LF separation for accesses off said Highway, which improves traffic safety. On the east side of the proposed rezoning is approximately 675 LF of Hanshew Road with an existing non-standard asphalt surface that accommodates the existing commercial and residential sites along said road. The existing improvement along the east side of Hai ishew Road is mostly commercial and there are a few residential sites further south on top of the mountain. It is a standard city policy to improve non -stand city streets on the half -street adjacent to the developed property only when development occurs. 5.d. Availability of water and sewer ( state size of lines ). This information is available from the City Engineering Division. The City just completed the construction of a new 18" DIP Water Main with fire hydrants along the entire property frontage. No existing sanitary sewer exist on said property, except an existing 6" main exists along said Hanshew Road. There is another 6" sewer main near the west side of the property, and there is an existing 8" sewer main approximate 200 LF north and west of the center of the property. 5.e. The degree to which the proposed zoning is consistent with land use planning objectives, principals, and policies and with land use and zoning plans. Said developable 23.759 acres of land are within the City's Land Use Map, "CITY NEIGHBORHOOD AREA", and this rezoning to UT from RA would make the area on course for development along MLK Blvd. City ".FUTURE LAND USE PLAN 2030" supports the CITY NEIGHBORHOOD AREA. Also, other existing developed sites nearby are Commercial, and a UT zoning would fit in Place with the 2030 LAND USE MAP! Staff's support and recommendation to the City Planning Commission and to the City Council of this rezoning request, is respectfully desired and requested. 5.f. Whether the proposed zoning is justified and / or needed at the time of the request. The Owner presently has several requests for developing his land along US 62 Highway. Planning Commission 20S W Center St; Fayetteville, AR 72701; Phone: (479) 443-4724; Fax: (479) 443-4707; Web: wwWXQengr.com; E-mails: Melvin.h4holland0Swhell.ner N(OenApril 23, 2018 Agenda Item 11 18-6152 Duggar Page 18 of 24 �i�Aw,CC�ad �n►ra!�aasa (f REGISTRATIONS: �T )r.tr°ve�irt REGISTRATIONS: Melvin L. Milnoliand, PF, PLS ARKANSAS: PE & PLS Conversing with the City Planning staff, it recommended the area be re -zoned IJT for the purpose of this re -zoning which would be in accordance with the City's FUTURE LAND USE PLAN. Presently, there is a lack of UT zoning along US 62 Highway. The simple answer is that the Owner wants to rezone his property from RA - Residential Agriculture to UT - Urban Thoroughfare to offer his land for development. 5.g. Whether the proposed zoning will create or appreciable increase traffic danger and congesting. The property proposed to be rezoned is adjacent to the southern Right -of -Way of US 62 Highway, which is a PRINCIPAL ARTERIAL as redesigned by the ARDOT to accommodate current and future traffic flows for existing development and the City's Planned Development areas. City studies have been developed for Growth Patterns, that are relevant to existing and planned traffic patterns Designed by ARDOT (Arkansas Department of Transportation ). The City Studies developed are for reviews as depicted on it 2030 FUTURE LAND USE PLAN. The Study Plans identify areas of classified and organized growth which will permit limited increase in traffic danger and congestion. The Owner's land proposed for UT rezoning falls in one of the area depicted on said City Study .Plan for such. 5.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. Since most of the development will be considered some type of Commercial, Population density would be minimal based on surface area not used as Residential. Also, public schools should not be burdened undesirably due to most of the development will not be residential. Public Services of water and sewer in non-residential ( commercial ) areas would not undesirably increase loads on the City Utility system. The city just constructed and 18" DIP along the entire frontage on this site. Sanitary sewer will increase from what is present, but City Public works required analysis at the LSD approvals. 5.i. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification. The site is an old farm which does not lend itself to long hours of sun light for healthy plant growth, as a farming business. To development as residential site would feasibly impractical to construct streets and homes due to undesirable sub -grade soils, and rough drainage patterns. Proposed UT Zoning would be the most practical method to develop! Respectfully, Melvin l'A hol' 1 and PE, P S cc. file, Land Owner nning Commission 205 W Center St; Fayetteville, AR 71701; Phone: (429)443.4724; Fax: (479) 443.4707; Web: www.Menpr cam; E-mails: MelrtnAlhailan«tvr t! bell.net; M[Oeag 103-whrltnet April 23, zola Agenda Item 11 18-6152 Duggar Page 19 of 24 Ing Commission April 23, 2018 Agenda Item 11 18-6152 Duggar Page 20 of 24 JIM=, ji "lip jig k Ing Commission April 23, 2018 Agenda Item 11 18-6152 Duggar Page 20 of 24 RZN 18-6152 DUG GAR A& One Mile View NORTH G� Z J 0 z ALBERTA P-1 0 0.125 0.25 0.5 Miles Qi. RSF-1 Legend 1 Planning Area S L L Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint RSF-2 tY� F P� 0 RNLI -24 Iz-r 3�dD f: 1,zD RSF-4 -------------- --- I r r 1 Planning Area _ Fayetteville City Limits Zoning EXTRACTION RESIDENTIAL SINGLE-FAMILY ,E -r _ q n�rai 11F I CO MME RCaA once 11F I FORM BASED DISTRICTS an Dnr,nmvrn carx RESIDENTIAL MULTI -FAMILY Ma nnsne lncxnlxie S RT. s�eniial Two — Tnree lamiN JIM n General >� camm�nny sen'mes RMF tB /r Nx r oo an x v a PLANNED ZONINGDISTRICTS nJDUSTRIAL I.1 H c L.ghl—lnal ... cgn,meraar mei:mal Rxa�aem�al INSTITUTIONAL a mm i is aM P-1 Planning C mission Al 23, 2018 Agenda Item 11 18-6152 Duggar Page 21 of 24 Agenda Item 11 18-6152 Duggar Page 22 of 24 Agenda Item 11 18-6152 Duggar Page 23 of 24 Agenda Item 11 18-6152 Duggar Page 24 of 24 OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council CC: Sondra Smith, City Clerk Garner Stoll, Development Services Director Andrew Garner, City Planning Director Quin Thompson, Planner FROM: Kit Williams, City Attorney q(.� DATE: June 19, 2018 RE: Unfinished business, MLK rezoning ordinance Kit Williams City Attorney Blake Pennington Assistant City Attorney Rhonda Lynch Paralegal The applicant who sought to rezone about 23 and a half acres along Martin Luther King, Jr. Boulevard from R -A to Urban Thoroughfare has revised his request pursuant to several comments and suggestions by Fayetteville City Council members. The rezoning request has been modified to place a majority of the proposed rezoning (12.68 acres) that adjoins the R -A on the hillside to Community Services rather than Urban Thoroughfare. The applicant has kept his rezoning request for Urban Thoroughfare for about eleven acres adjoining Martin Luther King, Jr. Boulevard. Please see the applicant's new Exhibit A attached to this memo. If this proposed amendment is what the City Council supports, then please move to amend the current ordinance to the one attached to this memo and change the former plat to the revised plat shown on the new Exhibit A. 756-29294-000 PATRICK H OUDECR REVOCABLE TRUST 1110 NUNIINGTON PI. "ED ER SPRINGS. AR 72513 ZONING UT J LU U N 756-16272-005 MOUNTAIN PASS "c 231 E MILSAP RD, SIL 40C FAYETTEMLLE, AR 72703 ZONING C-1 Itis r� ,91�5'.0P � Jul �r ti DETAIL 1. , BARBARA 0 MOORMAN f NTS REVOCABLE TRUST 3114 W FINGER RD w� 76RIST 4 �- EE-0OJ ,Ng15TINE H TYLER BFNSGN I ary IBB9 SHANSNEW RD 3 a FAYE77E MLLE. AR 77701 ZONING R -A a s AC•.1M B9' �., a z y 0 IDG 'WO 300 I 1 inch - 100 Ipl ti DETAIL 1. , BARBARA 0 MOORMAN f NTS REVOCABLE TRUST 3114 W FINGER RD C FAYEITEMLLE. AR 72701 ZONING R -A 4 �- Z, I' 156-16272-L04 i FARMINGTON. AN 77730 R / / I ZONING G— r 765-16272-000 DO++ALO G!NC,EDINE REVOCABLE TRUST PO 32J� f EtKiNSil+S AR ?2 T2T ZONING C-1 u3 GU 1000 11 11 11 ss � �15 v. 765, If 297-000 WARREN C BEARD 1933 _ HANSHEW RD FARMINGTOIN- AR 72:30 ZONING R -A RZN 18-6152 EXHIBIT A 765-16272-002 BARBARA 0 MOORMAN REVOCABLE TRUST 3114 W FINGER RD C FAYEITEMLLE. AR 72701 ZONING R -A 4 �- ORDINANCE NO. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18-6152 FOR APPROXIMATELY 23.45 ACRES LOCATED AT 4005 WEST MARTIN LUTHER KING JR. BOULEVARD FROM R -A, RESIDENTIAL AGRICULTURAL TO UT, URBAN THOROUGHFARE AND CS, COMMUNITY SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Amended Agenda Memo from R -A, Residential Agricultural to UT, Urban Thoroughfare for 10.77 acres and to CS, Community Services for 12.88 acres. Section". 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 this 19th day of June, 2018. APPROVED: Bv: LIONELD JORDAN, Mayor ATTEST: B y' SONDRA E. SMITH, City Clerk/Treasurer OFFICE OF THE CITY ATTORNEY Handed out at the City Council Meeting 06/19/18. DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council CC: Sondra Smith, City Clerk Garner Stoll, Development Services Director Andrew Garner, City Planning Director Quin Thompson, Planner FROM: Kit Williams, City Attorney DATE: June 19, 2018 RE: Unfinished business, MLK rezoning ordinance Kit Williams City Attorney Blake Pennington Assistant City Attorney Rhonda Lynch Paralegal The applicant who sought to rezone about 23 and a half acres along Martin Luther King, Jr. Boulevard from R -A to Urban Thoroughfare has revised his request pursuant to several comments and suggestions by Fayetteville City Council members. The rezoning request has been modified to place a majority of the proposed rezoning (12.68 acres) that adjoins the R -A on the hillside to Community Services rather than Urban Thoroughfare. The applicant has kept his rezoning request for Urban Thoroughfare for about eleven acres adjoining Martin Luther King, Jr. Boulevard. Please see the applicant's new Exhibit A attached to this memo. If this proposed amendment is what the City Council supports, then please move to amend the current ordinance to the one attached to this memo and change the former plat to the revised plat shown on the new Exhibit A. Handed out at the City Council Meeting 06/19/18. 756- 2029.:- DDD RATRICK L TRUST REVOCABLE GTO. 756-I6212-005 ti 10_SrNNGS PI :i !IAV!l1+VT1 Rm'l6 S TOF ONIN SPRINGS HF 7%543 I "t34 E MILSnF RD 5 500 ZONING: UT ZONIN iCMLLE AR '�2]D] r ZONING 1 J U`S HNN g�� �I J li 111.�It ��U[IC;tirA�Y �7 s Y 5f"R qtcft� C0100j S BS pC Sw ' D,TAIL'A\ , I Anis, / NTS _.� 'N,do' Q1.6 �I � \ � s1°I` r tai R•3° ❑3 Zxo a � � � � J` l J / NEI/4,SE1/4 n r ]s6-1B2n-DD4 YANG S GARNER Pl — +7i•1N A. Ij] DR FARMIMGT.1L AnR, 2CNiNG C -i 161-16112-W. . I J NESCRI DCNnID OiNG.EDin'E REI'0; ARLF TRUS* REM i . 1,BC%a23 I'0 V��� Ei X2]2%VIA zcNmc c- I - PRtlNytli M � - I1 f1 �f 11 � 11 i�rt 1609 5 IAA.VSNEAW RD c W I 111.�It ��U[IC;tirA�Y �7 s Y 5f"R qtcft� C0100j S BS pC Sw RZN 18-6152 EXHIBIT A 165-IL212-O02 BARBARA D RIOORMAN REVOCABLE TRUST C 3444 w FINGER RD FAYEiIEwLiE, AIR '2]01 20NeNG R -A Anis, tR�J(384'C _.� 'N,do' Q1.6 ZONED: RA 6.63 AC _ - a � - �� Pl — +7i•1N REM i . — I2�-tEyi ]LS -1629G -00O (IIRISiINE & inER BEN, i�rt 1609 5 IAA.VSNEAW RD c W I FAYE I11 VILI E. R 22%CI ZONING R -A I ]FS-!EZ92•-ODp WARF.f.N C DEARI �•]� �. - a S r F 1833 c t ANS11Ew RD FARMiNGIW R ]]]"„Ci -- I� I ZGIJING R -A I ..t:N • too 41 RZN 18-6152 EXHIBIT A 165-IL212-O02 BARBARA D RIOORMAN REVOCABLE TRUST C 3444 w FINGER RD FAYEiIEwLiE, AIR '2]01 20NeNG R -A Handed out at the City Council Meeting 06/19/18. ORDINANCE NO. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18-6152 FOR APPROXIMATELY 23.45 ACRES LOCATED AT 4005 WEST MARTIN LUTHER KING JR. BOULEVARD FROM R -A, RESIDENTIAL AGRICULTURAL TO UT, URBAN THOROUGHFARE AND CS, COMMUNITY SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Amended Agenda Memo from R -A, Residential Agricultural to UT, Urban Thoroughfare for 10.77 acres and to CS, Community Services for 12.88 acres. 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 this 19th day of June, 2018. APPROVED: By: LIONELD JORDAN, Mayor ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF [MONTH, DAY YEAR] TO: Mayor and City Council CITY COUNCIL MEMO THRU: Garner Stoll, Development Services Director Connie Edmonston, Parks and Recreation Director Ted Jack, Park Planning Superintendent FROM: John J. Scott, Urban Forester DATE: June 13, 2018 SUBJECT: RZN 18-6152: Rezone (4005 W. MILK BLVD./Duggar, 595): Submitted by Milholland Engineers, INC. The property is zoned R -A Residential Agriculture and contains approximately 30.90 acres. The request is to rezone portions of the property to UT, Urban Thoroughfare, CS, Community Services and keep 7 acres /25% acres in the RA, Residential Agriculture zone. RECOMMENDATION: Urban Forestry Staff recommends approval of the seven (7) acres zoned as RA for a tree preservation easement. This meets the minimum 25 % tree preservation requirement of UDC Chapter 167. BACKGROUND: The Unified Development Code does not require Urban Forestry review of rezoning requests. Urban Forestry staff has been asked to advise on the proposed rezone and clarify the impact this rezone would have on the tree canopy and any future requirements the applicant may have. Milholland Engineers has presented these plans for the rezone and general schematic project to Urban Forestry staff prior to submitting the rezoning request to the city. The tree preservation requirements would be met with the proposed 7 acre / 25% tree preservation easement that is intended to remain zoned as RA. A tree preservation easement would also guarantee long term preservation of the best and most critical canopy on this property. DISCUSSION: Urban Forestry staff has reviewed the site and met onsite with the RV park owners to discuss canopy. The owner indicated additional tree preservation would be considered during the design phase of his project. From the site visit and historical aerial images, the tree canopy located on the property is a mixture of cedar, pine, oak, and hickory. The area proposed for UT and CS rezoned areas was field agriculture in 1980 (Exhibit 1). After 1980, two large pockets were kept as agricultural fields for 20 years. After 2000, the fields went fallow. The area kept as RA, has been forested as Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 far back as 1965 according to the city's aerial imagery. Indicating this is a mature forest for over 50 plus years. Most of the canopy in the proposed UT and CS rezoned areas are young forest. There are couple of small areas around the perimeter of the pond that are older growth trees. The area to remain RA has the largest oldest and most significant trees. In UDC Chapter 167, UT has a 15% minimum tree preservation requirement and CS has a 20% minimum tree preservation requirement. All future projects on this site will be required to provide landscape requirements such as street trees, and parking lot trees. If existing trees are preserved in future proposals, they can count towards some the landscape requirements needed to meet the landscape standards set in UDC Chapter 177. BUDGET/STAFF IMPACT: None Attachments: Exhibit — 1 1980 Aerial Image of the site Exhibit — 2 2000 Aerial Image of the site I 756-29294-000 PATRICK H DUDECK REVOCABLE TRUST 756-16272-005 1110 HUNTINGTON PL I MOUNTAIN PASS LLC HEBER SPRINGS, AR 72543 234 E MILSAP RD, STE 400 ZONING: UT FAYETTEVILLE, AR 72703 ZONING: C-1 U J z w r Zoe p>-OQ �a 'wa Z - JI 0L" 05;� (aQ e3 �wowz coU(QO r,M -Ii I,4 S HWY 62 v� 09 ya � N88"37'03"E / N4r35+0� g 45.52' 36.99' I IJ N89'03'34"E 387.20' as u� m 445.25' TO INTS R/W 134 z J Q J J LU 2i Q DETAIL "A" \ N N 756-16274-000 / NTS SEE Q�p,AL 0 I 2599MEHDZAI FI 2599 N ELIZABETH AVE Oyu \ 5 FAYETTEVILLE, AR 72703 ZONING: C-2 / CD I\ + 3 /4 COR I I � 24-16-31 / 4og5 / 2p g3 / / �o NU LUvv W V11ALE, 727p4 PAR O SET IRON PIN (No. 4 Rebar) d 35g5 � C U M � � 3 I l� 765-14811-000 LLC W STONE \ O� I00 / 756-16272-004 YONG S GARNER � 271 I E; CID ® v co FAYETTEVILLE ZONING: C-2, AR 72701 PROFESSIONALENGINEERS Iz o \ 34 / z 765-14811-001 I 0 GENERAL DESCRIPTION M N O MAN HOLE 1640 S HANSHEW RD I IJ N89'03'34"E 387.20' as u� m 445.25' TO INTS R/W 134 z J Q J J LU 2i Q DETAIL "A" \ 756-16274-000 / NTS SEE Q�p,AL I 2599MEHDZAI FI 2599 N ELIZABETH AVE Oyu \ 5 FAYETTEVILLE, AR 72703 ZONING: C-2 / / W- 0 SPEE vD + 3 /4 COR I I � 24-16-31 / 4og5 / 2p g3 / / � I I NU LUvv W V11ALE, 727p4 PAR O SET IRON PIN (No. 4 Rebar) 4,NE1 4 S-24 35g5 I FON N� C-2 NE1/4,SE1/4 S-24 765-14811-000 LLC ❑ STONE \ O� I00 / 756-16272-004 YONG S GARNER � 271 I Pj ® 11170 PAYNE STEWART DR FARMIMGTON, AR 72730 / / o FAYETTEVILLE ZONING: C-2, AR 72701 PROFESSIONALENGINEERS ZONING: C-1 / / \ 34 / / POB � N 765-14811-001 I / / GENERAL DESCRIPTION M A.G HOLLAIND S O 31.22 PERS-450 W 1/4 COR N631997.87 19-16-30 1 E657905.49 765-16272-000 / E DONALD DINGLEDINE I p� N -J435' REVOCABLE TRUST R �LvO 34,5 323 ELK NPO OS, AR 72727 volNE K\NG " / + 8��✓� \S00'48'571N 14.1' ZONING: C-1 R-�\N �i^$y8op10+ N74'35'03"E 45.0' S MP C115-14809-OOOA�\jpGE U \\ U) \\ 1\ ✓ .0 N89"51'43"E� 95.38' \ 800'0 gE (UT) O� G`�� A A� ��g AC .Ug,$ Ng,EA C? - m z 578 30, 0 35' 03"E POB X44 -/.w CS & CUP 41 10 '�4 sNC coj� A-14 NC P � -54 �Og C :� pg'ON �SOgT P Ag ' g It c S5" 16' 43"E 21.50' l N86" 15' 1 1 "w / 490.43' ZONED: RA 6.63 AC 1i.8�� N85"08'23"W a (F) N89"04'26" W 396.22- 96.00' 96.22 96.00' (DC) / Nri9"04'26"- rE _ YIELD TO STONE ___� RAW SWC NE/SE I 24-16-31 Si4o I 765-16296-000 CHRISTINE & TYLER BENSON w r 1889 S HANSHEW RD o L'L1 3 Q FAYETTEVILLE, AR 72701 I o z ZONING: R -A *z z J aj DC=396.00' Cq Q z 5 TJ NSU' LO Wto z r U00 Ui N 0 100 200 300 I 1 inch = 100 feet I 765-16297-000 WARREN C. BEARD 1833 S HANSHEW RD FARMINGTON, AR 72730 ZONING: R -A p08 v� "P C.I HWY 62 MARTIN LIUTHER4K'NG W 7270 SEE Q�p,AL U x w Oyu ,y'1 5 W 7ON NG: EX-6"SS S5" 16' 43"E 21.50' l N86" 15' 1 1 "w / 490.43' ZONED: RA 6.63 AC 1i.8�� N85"08'23"W a (F) N89"04'26" W 396.22- 96.00' 96.22 96.00' (DC) / Nri9"04'26"- rE _ YIELD TO STONE ___� RAW SWC NE/SE I 24-16-31 Si4o I 765-16296-000 CHRISTINE & TYLER BENSON w r 1889 S HANSHEW RD o L'L1 3 Q FAYETTEVILLE, AR 72701 I o z ZONING: R -A *z z J aj DC=396.00' Cq Q z 5 TJ NSU' LO Wto z r U00 Ui N 0 100 200 300 I 1 inch = 100 feet I 765-16297-000 WARREN C. BEARD 1833 S HANSHEW RD FARMINGTON, AR 72730 ZONING: R -A p08 v� "P C.I HWY 62 MARTIN LIUTHER4K'NG W 7270 SEE Q�p,AL U x w 35g5 \&UE AR C_2 W 7ON NG: EX-6"SS W- 0 SPEE vD R_ 6 7ZO2 1 1.72 VG PL14T O 14814-pp0 GE 8t 7ro5 4 -To 1NG BL Ce NU LUvv W V11ALE, 727p4 PAR O SET IRON PIN (No. 4 Rebar) 35g5 I FON N� C-2 765-14811-000 LLC ❑ STONE WILLIAM J LINDSEY 1640 S HANSHEW RD ® COTTON SPINDLE FAYETTEVILLE ZONING: C-2, AR 72701 PROFESSIONALENGINEERS \ ARKANSAS 34 / BE 765-14811-001 262 OWNER/CLIENT/DEVELOPER: WILLIAM J LINDSEY O MAN HOLE 1640 S HANSHEW RD DUGGER PROPERTIES, LLC FAYETTEVILLE, AR 72701 - ZONING: C-2_ S89°11'03"E 218.73' LOT UN 0 Co c� o H w UT AREA: 1.08 ac � o m m 0 203'80 l�5 20 $P`l � 569o5g 49»�i POB RA S78°34'32"W 49.69' 138.76' N89"02'15"W �7 a (C) a-- 15t.43 i -1322- u U LuPC W (A) (D) 765-14810-000 WILLIAM J LINDSEY 1640 S HANSHEW RD FAYETTEVILLE, AR 72701 ZONING: C-2 765-14788-000 WILLIAM J LINDSEY 1640 S HANSHEW RD FAYETTEVILLE, AR 72701 ZONING: RSF-4 SS INV 0 1265.24 4" SS CONNECT TO EX 6" SS 765-14813-000 WILLIAM J LINDSEY 1640 S HANSHEW RD FAYETTEVILLE, AR 72701 ZONING: RSF-4 NEC NE/SE 24-16-31 R/W - I I r%1 765-14827-000 I BARBARA D MOORMAN REVOCABLE TRUST 765-16272-002 a 3444 W FINGER RD BARBARA D MOORMAN :2 04 FAYETTEVILLE, AR 72701 REVOCABLE TRUST�2 ZONING: R -A CITY MIXJ F-7 3444 W FINGER RD FAYETTEVILLE, AR 72701 11.02 ZONING: R -A SEC NTS N629406.49 24-16-31 g E657868.59 \S Swc gl/ 19-16-30 N629366.04 S-, 9 E657867.93 o--- S S -TO PROPOSED ZONING: CANOPY DATA: CITY COLOR LEGEND REG'D % ZONE AREA % REQ SF REQ AC 25% AC , ► URBAN THOROUGHFARE: UT 15% 10.768 AC 70,358.1 1.62 2.69 1 I1 " COMMUNITY SERVICES: CS 20% 12.678 AC 110,450.7 2.54 3.24 � I RURAL AGRIGULTURE: RA 25% 6.629 AC 72,189.8 1.66 1.66 , SUB TOTAL 30.08 AC 252,998.6 5.82 AC 7.59 AC ,"tb IP PL & ROW CURVE DATA #: (A) CH S16.44'40"W (D) CH N87.07'32"W CITY MONUMENT F-7 37.33' 176.73' PROJECT CITY R=68.01 R=2048.66' COORDINATES COORDINATES + } LC=37.82' LC=136.71' N629457.04 N629484.261 Z1= 31'3'28" L1=03'49'24" E6577858.29 E657861.442 (B) CH S55'37'28"W (E) CH N87'05'19"W 53.04' 98.24' 7 V - R=68.01' R=1444.50' "< LC=54.49' LC=98.26' ,L-45'54'08" L1=03'53'51" (C) CH S86'40'51 "W (F) CH 579'41'50"W 105.30' 123.57' .a.. R=373.43' R=236.20' LC=105.66' LC=124.81' :� r ,L=16'12'39" A=30'19'33" RA ZONING; A PART OF THE N1/2 OF THE SE114 OF SECTION 24, T -16-N, R -31-W, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE NORTHEAST CORNER OF SAID 80 ACRE TRACT, SAID POINT BEING A STATE MONUMENT FOR THE E 1/4 CORNER OF SAID SECTION 24; THENCE ALONG THE COMMON RANGE LINE FOR RANGE 30 AND 31, T -16-N, S 000 48'57" W 844.66 FEET, AND THENCE DEPARTING SAID RANGE LINE S 690 56'49" W 21.40 FEET TO A POINT ON THE WESTERN ROW OF HANSHEW ROAD; SAID POINT BEING THE POB OF EXISTING "RA" ZONING; THENCE ALONG SAID ROW S 000 48'57" W 367.69 FEET TO A PC OF A CURVE TO THE RIGHT WITH A RADIUS OF 68.00 FEET; THENCE CONTINUING ALONG SAID CURVE A CHORD BEARING S 390 41'44" W 85.39 FEET TO THE PT OF SAID CURVE, WITH AN ARC LENGTH OF 92.31 FEET TO A PT; THENCE S 780 34,32„ W 49.69 FEET TOA PC 0 A CURVE RVE TO THE RIGHT WITH A RADIUS OF 373.43 FEET, WITH A CORD BEARING S 860 40'51 " W 105.30 FEET WITH AN ARC LENGTH OF 105.66 FEET, TO A PRC OF A CURVE TO THE LEFT WITH A RADIUS OF 2,048.66 FEET, A CHORD BEARING N 870 07'32" W 136,73 FEET, AND ARC LENGTH OF 136.75 FEET; THENCE N 890 02'15" W 156,43 FEET TO A PC OF A CURVE TO THE RIGHT WITH A RADIUS OF 1444.50 FEET, WITH A CHORD BEARING N 87° 05' 19" W 98.24 FEET WITH AN ARC LENGTH OF 98.26 FEET; THENCE N 850 08'23" W 138.24 FEET TO A PC OF A CURVE TO THE LEFT WITH A RADIUS OF 236.20 FEET, AND A CHORD BEARING S 79° 41' 50" W 123.57 FEET, WITH AN ARC LENGTH OF 124.81 FEET, TO A POINT ON THE SOUTHERN 40 ACRE LINE; THENCE ALONG SAID 40 ACRE -LINE N 80 9 04'26" W 445.25 FEET TO A STONE LOCATED AT THE SOUTHWEST CORNER OF THE NE1/4 OF THE SE 1/4 OF SAID SECTION 24; THENCE N 890 04'26" W 96.00 FEET TO AN IRON PIN AT THE SOUTHWEST CORNER OF LAND PARCEL No. 765-16280-000, WASHINGTON COUNTY, ARKANSAS; THENCE ALONG SAID PARCEL N 000 48'57" E 156.75 FEET; THENCE DEPARTING THE WESTERN BOUNDARY OF SAID LAND PARCEL N 890 0313 4" E 512.20 FEET; THENCE S 86015' 11" E 490.43 FEET; THENCE N 05016'43" W 21.50 FEET; THENCE N 440 59'05" E 299.84 FEET, AND, THENCE N 69056' 49" E 203.80 FEET TO THE POB, CONTAINING 6.63 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. VICINITY MAP PROJECT SITE ��,�rr�.l��rr�r��►���:inr•»��ar�rrr�r��:z���r�r.�►«r.��l�ir:�r.�r��:��a�l�r� A PART OF THE N1/2 OF THE SE1/4 OF SECTION 24, A 80 ACRE TRACT, T -16-N, R -31-W, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE NORTHEAST CORNER OF SAID 80 ACRE TRACT, SAID POINT BEING A STATE MONUMENT FOR THE E 1/4 CORNER OF SAID SECTION 24; THENCE ALONG THE COMMON RANGE LINE FOR RANGE 30 AND 31, T -16-N, S 00° 48'57" W 163.02 FEET TO A POINT ON THE SOUTHERN RIGHT-OF-WAY ( ROW) OF US HIGHWAY 62; SAID POINT BEING THE POINT -OF -BEGINNING (POB) OF SAID PARCEL No. 765-16272-001; THENCE CONTINUE ALONG SAID RANGE LINE S 000 48'57" W 1148.41 FEET TO THE SOUTHEAST CORNER OF SAID NE1/4 OF THE SE 1/4; THENCE DEPARTING SAID 40 -ACRE CORNER N 890 04'26" W 1322.82 FEET TO A STONE MARKING THE SOUTHWEST CORNER OF SAID NE1/4 OF THE SE1/4 AND PARCEL No. 765-16272-001; THENCE N 890 04'26" W 96.00 FEET TO THE SWC OF PARCEL No. 765-16280-000; THENCE DEPARTING SAID SWC OF SAID PARCEL N 000 48'57" E 743.44 FEET TO THE INTERSECTION OF THE SOUTHERN ROW OF US 62 HIGHWAY; THENCE NORTHEASTERLY ALONG SAID SOUTHERN ROW OF US 62 HIGHWAY, AS FOLLOWS; N 740 35'03" E 52.62 FEET; N 880 37'03" E 82.50 FEET; N 58° 38'03" E 72.80 FEET; N 740 5 E 600.00 FEET; N 89' 5 E 95.38 FEET; N 51* , E 63.20 FEET; N 740 35'03" E 485.00 FEET; S 580 01'03" E 14.10 FEET, AND N 74° 3503" E 27.50 FEET TO THE POB ON THE RANGE LINE NEAR THE CENTERLINE OF HANSHEW ROAD, CONTAINING 30.90 ACRES, MORE OR LESS. SUBJECT TO: THE WEST 20' OF HANSHEW ROAD, AND THE VARIOUS COMPONENTS OF THE SOUTHERN PART OF HANSHEW ROAD. PROPOSED UT ZONING; A PART OF THE N1/2 OF THE SE1/4 OF SECTION 24, T -16-N, R -31-W, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE NORTHEAST CORNER OF SAID 80 ACRE TRACT, SAID POINT BEING A STATE MONUMENT FOR THE E 1/4 CORNER OF SAID SECTION 24; THENCE ALONG THE COMMON RANGE LINE FOR RANGE 30 AND 31, T -16-N, S 000 48,571, W 163.02 FEET TO A POINT ON THE SOUTHERN RIGHT-OF-WAY ( ROW) OF US HIGHWAY 62; THENCE ALONG SAID ROW S 740 35'03" W 20.83 FEET TO THE POINT -OF -INTERSECTION OF SAID ROW AND THE WESTERN ROW OF HANSHEW ROAD; SAID POINT BEING THE POINT -OF -BEGINNING (POB) OF LANDS DESCRIBED HEREIN AND PROPOSED TO BE RE -ZONED TO "U T" URBAN THOROUGHFARE, AS FOLLOWS; THENCE CONTINUE ALONG SAID WESTERN HANSHEW ROAD ROW S 000 48'57" W 491.95 FEET TO THE SOUTHEAST CORNER OF PROPOSED "UT" ZONING; THENCE DEPARTING SAID HANSHEW ROW N 890 11'03" W 218.73 FEET; THENCE N 050 18'00" W 123.50 FEET; THENCE S 740 35'03" W 1215.38 FEET T THE WEST BOUNDARY OF SAID PARCELS; THENCE N 000 48'57" E 312.45 FEET TO THE SOUTHERN ROW OF US 62 HIGHWAY; THENCE NORTHEASTERLY ALONG SAID SOUTHERN ROW US 62 HIGHWAY, AS FOLLOWS; N 740 35'03" E 52.62 FEET; N 88° 37'03" E 82.50 FEET; N 580 38'03" E 72.80 FEET; N 740 35'03" E 600.00 FEET; N 890 51'43" E 95.38 FEET; N 510 09'03" E 63.20 FEET; N 740 35'03" E 485.00 FEET; S 58° 01'03" E 14.10 FEET, AND N 74° 35'03" E 6.67 FEET TO THE POB, CONTAINING 10.77 ACRES, MORE OR LESS, FAYETTEVILLE, ARKANSAS. SUBJECT TO: ALL EASEMENTS OF RECORD FILED IN WASHINGTON COUNTY, ARKANSAS. COMMUNITY SERVICES: "C S" DESCRIPTION: PARCEL No. 765-16272-001 & 765-16280-000; A PART OF THE N1/2 OF THE SE1/4 OF SECTION 24, A 80 ACRE TRACT, T -16-N, R -31-W, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE NORTHEAST CORNER OF SAID 80 ACRE TRACT, SAID POINT BEING A STATE MONUMENT FOR THE E 1/4 CORNER OF SAID SECTION 24; THENCE ALONG THE COMMON RANGE LINE FOR RANGE 30 AND 31, T -16-N, S 000 48'57" W 163.02 FEET TO A POINT ON THE SOUTHERN RIGHT-OF-WAY ( ROW) OF US HIGHWAY 62; THENCE CONTINUE ALONG SAID RANGE LINE S 00° 48'57" W 301.64, AND THENCE DEPARTING SAID RANGE LINE S 740 35'03" W 262.34 FEET; SAID POINT BEING THE POINT -OF - BEGINNING (POB) OF SAID PROPOSED "CS" ZONING; THENCE S 050 18'00" E 123.50 FEET; THENCE S890 11'03" E 218.73 FEET TO WESTERN ROW OF HANSHEW ROAD; THENCE ALONG SAID ROW S 000 48'57 " W 191.50 FEET TO THE SOUTHEAST CORNER OF SAID PROPOSED "CS" REZONING; THENCE DEPARTING SAID ROW & ZONING CORNER S 69056'49" W 203.80 FEET; THENCE S 440 59'05" W 299.84 FEET; THENCE S 05016' 43" E 21.50 FEET; THENCE N86015'11" W 490.43 FEET; THENCE S 890 03'3 4" W 512.20 FEET TO THE WESTERN BOUNDARY OF SAID PROPERTY; THENCE ALONG THE WESTERN BOUNDARY N 000 48'57" E 274.24 FEET; THENCE N 740 35'03" E 1215.38 FEET TO THE POINT -OF -BEGINNING, CONTAINING 12.68 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO: THE WEST 20' OF HANSHEW ROAD, AND THE VARIOUS COMPONENTS OF THE SOUTHERN PART OF HANSHEW ROAD. REZONING AFTER 2ND READING ON 6-5-18 L E G E N D R_ 6 7ZO2 1 1.72 VG PL14T O FOUND IRON PIN (No. 4 Rebar) j O SET IRON PIN (No. 4 Rebar) AR ST. MON I�UGG14R PROPZRTIL�'S, LLC ❑ STONE ® COTTON SPINDLE PROFESSIONALENGINEERS FAYETTEVILLE ARKANSAS FIRE HYDRANT BE DATE: 06-12-2018 OWNER/CLIENT/DEVELOPER: "=100' O MAN HOLE DUGGER PROPERTIES, LLC SCALE: 1 -- --- --- -- OLD RIGHT-OF-WAY REVISION DATES: 548 ARBOR ACRES AVE SPRINGDALE, AR 72762 PLAT BOOK PAGE: 595 NEW RIGHT-OF-WAY ----- CENTERLINE AR HWY 62 sAawn1d DRAWN BY: RLA SURVEYING MM (� SPECIALISTS EXISTING ZONING: CHECKED BY: RA -RESIDENTIAL AGRICULTURAL DRAWING N0. I AREA: 30.08 AC. S-2788 BASIS OF BEARINGS: REF: E-928 205 W. Center Phone: (479)443-4724 Fax:(479)443-4707 Range Line Previous Surve 500-16N-31 W-0-24-240-72-0648 Fayetteville, Arkansas MCOEngr®swbell.net Projects. (Not State Plane 500 -16N -31W-0-24-210-72-0648 SHEET NO. 1 OF 1 PAP -' ft* f41d i r • r lop IL IN NIP t 1 J i i7 91 4F 46 1p � - F f . w r it dh • i r AL k ■ ® � Handed out at the City Council Meeting 06/19/18. RESOLUTION NO. A RESOLUTION TO AWARD RFP #18-04 AND AUTHORIZE A CONTRACT WITH RDG SWB, INC. D/B/A RDG PLANNING & DESIGN IN THE AMOUNT OF $153,066.00 FOR THE DEVELOPMENT OF THE HIGHWAY 71B CORRIDOR PLAN, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $46,934.00, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFP #18-04 and authorizes Mayor Jordan to sign a contract with RDG SWB, Inc. d/b/a RDG Planning & Design in the amount of $153,066.00 for the development of the Highway 71 B Corridor Plan, and further approves a project contingency in the amount of $46,934.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED this 19th day of June, 2018. APPROVED: ATTEST: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer RE V E Y rdinance: 6071 File Number: 2018-0247 g 0 3 18-6152 (4005 W. MLK JUL D/DUGGAR): NORTHWEST ARKANSAS CITY OF AN ORDINANCE TO REZONE THAT rx ft DESCRIBED IN REZONING �1'ION CLERK'S CITY CLERK'S 0 IOTY RZN 18-6152 FOR _ APPROXIMATELY 23.45 ACRES LOCATED AT 4005 WEST MARTIN �I_ � ®�� oaze#e LUTHER KING JR. BOULEVARD FROM JjIJ�A�f` R -A, RESIDENTIAL AGRICULTURAL TO UT, URBAN THOROUGHFARE AND CS, COMMUNITY SERVICES BE IT ORDAINED BY THE CITY 11. B10111, ., d - , 442 ' 7., ? 1 1 ;k „ r .° 1r, L G. 1 COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes AFFIDAVIT OF PUBLICATION the zone classification ofthe property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Planning Department's Amended Agenda Memo from R -A, Residential Agricultural Northwest Arkansas Democrat -Gazette, printed and published in to UT, Urban Thoroughfare for 10.77 acres and to CS, Community Services for 12.88 Washin ton Count and Benton County, Arkansas, and of bona fide g y y acres. Section 2. That the City Council of the City circulation, that from my own personal knowledge and reference of Fayetteville, Arkansas hereby amends to the files of said publication, the advertisement of: the official zoning map of the City of Fayetteville to reflect the Zoning change provided in Section 1. PASSED and APPROVED on 6/19/2018 CITY OF FAYETTEVILLE Approved: Lioneld Jordan, Mayor Ord. 6071 Attest Sondra E. Smith, City Clerk Treasurer 74580783 June 28, 2018 Was inserted in the Regular Edition on: June 28, 2018 Publication Charges: $ 72.80 Cathy Wile Subscribed and sworn to before me This Zq day of �w , 2018. jam 11"J", - Notary Public My Commission Expires: '7117-, 2$ **NOTE** Please do not pay from Affidavit. Invoice will be sent. ticar, ?.,.,lic -Arkansas as " on Ccir„y aF crn issicn. Fxn ires Fe'c 12. 202E