HomeMy WebLinkAboutORDINANCE 6077113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6077
File Number: 2018-0340
RZN 18-6239 (NE OF OLDHAM DR. & BROYLES AVE./NORTH LOTS-SLOANBROOKE PH. In:
AN ORDINANCE TO REZONE THOSE PROPERTIES DESCRIBED IN REZONING PETITION RZN
18-6239 FOR APPROXIMATELY 3.58 ACRES LOCATED NORTHEAST OF OLDHAM DRIVE AND
BROYLES AVENUE FROM R -A, RESIDENTIAL AGRICULTURAL TO NC, NEIGHBORHOOD
CONSERVATION AND FROM NC, NEIGHBORHOOD CONSERVATION TO 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 properties shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from R -A, Residential Agricultural to NC,
Neighborhood Conservation and from NC, Neighborhood Conservation to 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 changes provided in Section 1.
PASSED and APPROVED on 8/7/2018
Attest:
Sondra E. Smith, City Clerk Tr"�� T R�gs,�ff
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Page 1 Printed on 818118
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
- File Number: 2018-0340
Agenda Date: 8/7/2018 Version: 1 Status: Passed
In Control: City Council Meeting
Agenda Number: B. 2
File Type: Ordinance
RZN 18-6239 (NE OF OLDHAM DR. & BROYLES AVE./NORTH LOTS-SLOANBROOKE PH.
II):
AN ORDINANCE TO REZONE THOSE PROPERTIES DESCRIBED IN REZONING PETITION RZN
18-6239 FOR APPROXIMATELY 3.58 ACRES LOCATED NORTHEAST OF OLDHAM DRIVE AND
BROYLES AVENUE FROM R -A, RESIDENTIAL AGRICULTURAL TO NC, NEIGHBORHOOD
CONSERVATION AND FROM NC, NEIGHBORHOOD CONSERVATION TO 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 properties shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from R -A, Residential Agricultural to NC, Neighborhood Conservation and from
NC, Neighborhood Conservation to 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 changes provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 81812018
RZN18-6239 NE LOTS SLOANBROOKE PH II
Close Up View
u�
Proposed R -A
Legend
Planning Area
Fayetteville Cit Limits
Y Y
Trail (Proposed)
Building Footprint
RSF-4
RM -1
Proposed NC
Proposed R -A
RPZD
18-6239
EXHIBIT 'A'
Proposed NC
9ft
Feet
0 145 290 580 870 1,160
1 inch = 400 feet
P-1
CS
NI
Zoning Acres
Tract 1
1.6
Tract 3
0.1
Tract 2
0.2
Tract 4
1.7
Total 3.6
18-6239
EXHIBIT 'B'
LEGAL DESCRIPTION: (TRACT 1 NC TO R -A
A part of the NW1/4 of the NW1/4 of Section 13, T16N, R31 W in Washington County,
Arkansas, and being described as follows: Commencing at the NW Corner of said
NW1/4, NW1/4, thence S02036'53"W 939.48 feet, thence S87°01'01"E 199.96 feet to
the POINT OF BEGINNING, thence NO2058'59"E 298.02 feet, thence S87027'52"E
41.49 feet, thence S29055'28"E 12.30 feet, thence S56012'50"E 22.50 feet, thence
S51045'1 8"E 54.93 feet, thence N65013'34"E 19.86 feet, thence N84000'46"E 26.47
feet, thence S59030'20"E 35.53 feet, thence S51 °22'37"E 44.48 feet, thence
S61009'09"E 33.25 feet, thence S69050'01"E 28.12 feet, thence S02058'59"W 193.01
feet, thence N87001'01 "W 280.51 feet to the POINT OF BEGINNING: Containing 1.61
acres more or less subject to easements and right of way of record.
LEGAL DESCRIPTION: TRACT 2 NC TO R -A
A part of the NW1/4 of the NW1/4 and a part of the NE1/4 of the NW1/4 of Section 13,
T16N, R31 W in Washington County, Arkansas, and being described as follows:
Commencing at the NW Corner of said NW1/4, NW1/4, thence S02036'53"W 939.48
feet, thence S87°01'01 "E 896.77 feet, thence S57023'32"E 351.19 feet to the POINT
OF BEGINNING, thence N11°11'41"E 9.97 feet, thence N67°33'03"E 27.28 feet,
thence S77039'47"E 20.39 feet, thence S40007'40"E 21.57 feet, thence S38059'53"E
23.44 feet, thence S56053'24"E 47.69 feet, thence S78001'10"E 29.29 feet, thence
N80050'48"E 27.26 feet, thence N69038'22"E 32.41 feet, thence S83006'56"E 28.82
feet, thence S19°43'44"E 25.82 feet, thence S38012'00"E 20.73 feet, thence
N87037'12"W 136.57 feet, thence N57023'32"W 136.90 feet to the POINT OF
BEGINNING: Containing 0.18 acres more or less subject to easements and right of
way of record.
LEGAL DESCRIPTION TRACT 3 R -A TO NC
A part of the NW1/4 of the NW1/4 of Section 13, T16N, R31W in Washington County,
Arkansas, and being described as follows: Commencing at the NW Corner of said
NW1A NW1A thence S02°36'53"W 939.48 feet, thence S87001'01"E 896.77 feet,
thence S57023'32"E 164.68 feet to the POINT OF BEGINNING; thence S57023'32"E
186.51 feet, thence S11011'41"W 3.29 feet, thence S57012'02"W 14.48 feet, thence
S64018'40"W 24.07 feet, thence N85036'42"W 22.63 feet, thence N40009'21 "W 14.82
feet, thence N05032'35"W 27.04 feet, thence N17014'57"W 26.33 feet, thence
N78043'27"W 30.99 feet, thence S87053'1 7"W 22.58 feet, thence N76006'34"W 32.19
feet, thence N22008'02"W 20.68 feet, thence N14040'44"E 10.01 feet, thence
N31051'42"E 17.77 feet to the POINT OF BEGINNING: Containing 0.12 acres more or
less subject to easements and right of way of record.
City of Fayetteville Staff Review Form
2018-0340
Legistar File ID
7/17/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
/
Garner Stoll 6/29/2018 City Planning
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN 18-6239: Rezone (NE OF OLDHAM DR. & BROYLES AVE./NORTH LOTS-SLOANBROOKE PH. II, 477): Submitted by
JORGENSEN & ASSOCIATES, INC. for properties located NE OF OLDHAM DR. & BROYLES AVE. The properties are
zoned R -A, RESIDENTIAL AGRICULTURAL & NC, NEIGHBORHOOD CONSERVATION and contain approximately 3.58
acres. The request is to rezone R -A to NC and NC to R -A.
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
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Remaining Budget i $ -
Approval Date:
V20140710
.`kI CITY COUNCIL AGENDA MEMO
MEETING OF JULY 17, 2018
TO: Mayor, Fayetteville City Council
THRU: Garner Stoll, Development Services Director
FROM: Quin Thompson, Planner
DATE: June 29, 2018
SUBJECT: RZN 18-6239: Rezone (NE OF OLDHAM DR. & BROYLES AVE./NORTH LOTS-
SLOANBROOKE PH. II, 477): Submitted by JORGENSEN & ASSOCIATES, INC.
for properties located NE OF OLDHAM DR. & BROYLES AVE. The properties are
zoned R -A, RESIDENTIAL AGRICULTURAL & NC, NEIGHBORHOOD
CONSERVATION and contain approximately 3.58 acres. The request is to rezone
R -A to NC and NC to R -A.
RECOMMENDATION:
The Planning Commission and staff recommend approval of the requested rezoning as depicted
in Exhibits 'A' and 'B'.
BACKGROUND:
The subject property is located off Boyles, contains approximately 3.58 acres; four (4) total sites
of approximately 1.6 acres, 0.2 acres, 0.1 acres, and 1.7 acres. Each site is located south of Owl
Creek in west Fayetteville. The subject property is part of a much larger parcel that has been
subdivided in part for different phases of Sloanbrooke Subdivision. The larger property and area
was recently rezoned by City Council on June 2, 2015 as part of the staff -initiated rezoning (15-
5174) of over 600 acres in the new South Rupple Rd. vicinity. In 2016, City Council approved a
rezoning proposal (16-5400) that traded areas zoned NC and R -A similarly to the proposal
outlined below in this report.
Request: The applicant requests to rezone the property as depicted in the attached rezoning
exhibit. The applicant wishes to rezone a portion of land slated to become residential lots from R-
A to NC to allow for their construction. In return, property elsewhere within the area will be rezoned
from NC to R -A. The overall acreage swapped between districts is equivalent to one another and
would allow the creation of approximately six more residential lots. This proposal is consistent
with the concept approved by City Council in the South Rupple Rd. area to concentrate areas of
dense development in exchange for low density and conservation in sensitive natural areas.
Public Comment: Staff has not received public comment on the proposal as of writing this report.
Land Use Plan Analysis: The proposal is mostly compatible with the goals in City Plan 2030,
adopted land use policies, and the future land use designation for this location. The rezoning is
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
not entirely consistent with the FLUM, but staff finds it appropriate to make an equal exchange of
land between the two areas. The concept for planned development of this area has been
anticipated for many years. While the rezoning of the R -A portion of the site does not exactly
match the purpose of Natural Areas, the applicant proposes to shift the R -A area north, but still
adjacent to surrounding R -A and natural areas. The proposed NC is vice versa, with shifting the
NC area south and adjacent to other NC zoned land, which is appropriate. Staff does not
anticipate any significantly adverse impacts to riparian corridors or environmentally -sensitive
areas.
Land Use Compatibility: The proposed zoning is generally compatible with the surrounding
residential and natural properties. Rezoning the current R -A to NC would fit with the surrounding
NC zoning. The current NC zoned property would fit the surrounding R -A property.
The applicant has worked with FEMA to remove the areas proposed to be rezoned from the 100 -
year Floodplain Map. The development team has indicated that rezoning the property is the last
step in preparing said properties for development -level applications and proposals.
DISCUSSION:
At the June 25, 2018 Planning Commission meeting, this item was forwarded with a
recommendation for approval by a vote of 7-0-0.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN18-6239 NE LOTS SLOAN13ROOKE PH II 18-6239
Close Up View EXHIBIT 'A'
. N,
tv
7
Q
0 .- Proposed NC
4U -...
0 Proposed R -A
7.
m + y
RPZU
PERSIMMON ST
Proposed NC
P-1
('s i
Legend
Planning Area
Fayetteville Cit Feet
Y Y Limits
Trail (Proposed) 0 145 290 580 870 1,160
Building Footprint 1 inch = 400 feet
Zoninq Acres
Tract 1 1-6
Tract 3 0.1
Tract 2 0.2
Tract 4 1.7
Total 3.6
18-6239
EXHIBIT 'B'
LEGAL DESCRIPTION: (TRACT 1 NC TO R -A
A part of the NW1/4 of the NW1/4 of Section 13, T16N, R31W in Washington County,
Arkansas, and being described as follows: Commencing at the NW Corner of said
NW 1 /4, NW 1/4, thence S02036'53"W 939.48 feet, thence S87°01'01 "E 199.96 feet to
the POINT OF BEGINNING, thence NO2058'59"E 298.02 feet, thence S87°27'52"E
41.49 feet, thence S29055'28"E 12.30 feet, thence S56012'50"E 22.50 feet, thence
S51 °45'18"E 54.93 feet, thence N65°13'34"E 19.86 feet, thence N84°00'46"E 26.47
feet, thence S59030'20"E 35.53 feet, thence S51 °22'37"E 44.48 feet, thence
S61 °09'09"E 33.25 feet, thence S69°50'01 "E 28.12 feet, thence S02°58'59"W 193.01
feet, thence N87°01'01"W 280.51 feet to the POINT OF BEGINNING: Containing 1.61
acres more or less subject to easements and right of way of record.
LEGAL DESCRIPTION: (TRACT 2 NC TO R -A)
A part of the NW1/4 of the NW1/4 and a part of the NE1/4 of the NW1/4 of Section 13,
T16N, R31 W in Washington County, Arkansas, and being described as follows:
Commencing at the NW Corner of said NW1/4, NW1/4, thence S02°36'53"W 939.48
feet, thence S87°01'01"E 896.77 feet, thence S57°23'32"E 351.19 feet to the POINT
OF BEGINNING, thence N11°11'41"E 9.97 feet, thence N67°33'03"E 27.28 feet,
thence S77°39'47"E 20.39 feet, thence S40007'40"E 21.57 feet, thence S38°59'53"E
23.44 feet, thence S56°53'24"E 47.69 feet, thence S78°01'10"E 29.29 feet, thence
N80050'48"E 27.26 feet, thence N69°38'22"E 32.41 feet, thence S83°06'56"E 28.82
feet, thence S1 9043'44"E 25.82 feet, thence S38'1 2'00"E 20.73 feet, thence
N87037'1 2"W 136.57 feet, thence N57°23'32"W 136.90 feet to the POINT OF
BEGINNING: Containing 0.18 acres more or less subject to easements and right of
way of record.
LEGAL DESCRIPTION: (TRACT 3 R -A TO NC)
A part of the NW1/4 of the NW1/4 of Section 13, T16N, R31W in Washington County,
Arkansas, and being described as follows: Commencing at the NW Corner of said
NW1/4, NW1/4, thence S02°36'53"W 939.48 feet, thence S87°01'01"E 896.77 feet,
thence S57°23'32"E 164.68 feet to the POINT OF BEGINNING; thence S57°23'32"E
186.51 feet, thence S11 °11'41"W 3.29 feet, thence S57°12'02"W 14.48 feet, thence
S64018'40"W 24.07 feet, thence N85°36'42"W 22.63 feet, thence N40°09'21"W 14.82
feet, thence N05°32'35"W 27.04 feet, thence N17°14'57"W 26.33 feet, thence
N78043'27"W 30.99 feet, thence S87'53'1 7"W 22.58 feet, thence N76°06'34"W 32.19
feet, thence N22008'02"W 20.68 feet, thence N14°40'44"E 10.01 feet, thence
N31 °51'42"E 17.77 feet to the POINT OF BEGINNING: Containing 0.12 acres more or
less subject to easements and right of way of record.
LEGAL DESCRIPTION: [TRACT 4 R -A TO NC}
A part of the NE1/4 of the NWI/4 and a part of the SEI/4 of the NW1/4 of Section 13,
T16N, R31W in Washington County, Arkansas, and being described as follows:
Commencing at the NW Corner of said NW1/4, thence S02°36'53"W 939.48 feet,
thence S87°01'01"E 896.77 feet, thence S57°23'32"E 488.09 feet, thence S87°37'12"E
136.57 feet to the POINT OF BEGINNING; thence S87°37'12"E 468.85 feet, thence
S78047'1 VE 107.98 feet, thence S57°55'22"E 113.44 feet, thence S36°29'15"E 113.44
feet, thence S16°05'39"E 113.85 feet, thence S02022'48"W 117.19 feet, thence
N34014'45"W 10.23 feet, thence N65050'21"W 27.64 feet, thence N87°00'39"W 33.01
feet, thence N40056'21 "W 78.13 feet, thence N35°34'01 "W 29.90 feet, thence
N09053'01"W 35.27 feet, thence N32°30'34"W 36.76 feet, thence N33014'06"W 20.99
feet, thence N11 °45'56"W 38.15 feet, thence N16029'46"E 15.30 feet, thence
N43019'05"W 41.83 feet, thence S83005'46"W 21.83 feet, thence N36°20'09"W 36.68
feet, thence N38021'49"W 37.65 feet, thence N75°31'31 "W 27.83 feet, thence
S58036'41"W 18.31 feet, thence S43001'39"W 19.05 feet, thence S28050'15"W 19.82
feet, thence S80002'11"W 15.00 feet, thence N74019'1 9"W 16.21 feet, thence
N41052'1 8"W 22.09 feet, thence N30°26'15"W 29.20 feet, thence N58°43'37"W 25.28
feet, thence N86°55'09"W 46.99 feet, thence N74023'47"W 28.89 feet, thence
N52026'41"W 32.81 feet, thence S83048'40"W 32.33 feet, thence S78°39'44"W 30.97
feet, thence N86009'45"W 26.14 feet, thence N64021'40"W 44.27 feet, thence
S85042'22"W 46.99 feet, thence N84024'01 "W 35.77 feet, thence N62°03'25"W 31.43
feet, therice N38012'00"W 15.72 feet to the POINT OF BEGINNING: Containing 1.67
acres more or less subject to easements and right of way of record.
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Harry Davis, Planner
MEETING DATE: June 25, 2018 UPDATED W PC RESULTS
SUBJECT: RZN 18-6239: Rezone (NE OF OLDHAM DR. & BROYLES AVE./NORTH
LOTS-SLOAN BROOKE PH. II, 477): Submitted by JORGENSEN &
ASSOCIATES, INC. for properties located NE OF OLDHAM DR. &
BROYLES AVE. The properties are zoned R -A, RESIDENTIAL
AGRICULTURAL & NC, NEIGHBORHOOD CONSERVATION and contain
approximately 3.58 acres. The request is to rezone R -A to NC and NC to
R -A.
RECOMMENDATION:
Staff recommends forwarding RZN 18-6239 to City Council, based on the findings contained in
this report.
RECOMMENDED MOTION:
"I move to forward RZN 18-6239 to City Council with a recommendation for approval."
BACKGROUND:
The subject property is located off Boyles, contains approximately 3.58 acres; four (4) total sites
of approximately 1.6 acres, 0.2 acres, 0.1 acres, and 1.7 acres. Each site is located south of Owl
Creek in west Fayetteville. The subject property is part -of a much larger parcel that has been
subdivided in part for different phases of Sloanbrooke Subdivision. The larger property and area
was recently rezoned by City Council on June 2, 2015 as part of the staff -initiated rezoning (15-
5174) of over 600 acres in the new South Rupple Rd. vicinity. In 2016, City Council approved a
rezoning proposal (16-5400) that traded areas zoned NC and R -A similarly to the proposal
outlined below in this report. Surrounding land uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning_
North
Owl Creek Floodplain
R -A, Residential Agricultural
South
Sloanbrooke Subdivision
NC, Neighborhood Conservation
East
Owl Creek Floodplain
R -A, Residential Agricultural
West
Sloanbrooke Subdivision
NC, Neighborhood Conservation
Request: The applicant requests to rezone the property as depicted in the attached rezoning
exhibit. The applicant wishes to rezone a portion of land slated to become residential lots from R-
A to NC to allow for their construction. In return, property elsewhere within the area will be rezoned
from NC to R -A. The overall acreage swapped between districts is equivalent to one another and
would allow the creation of approximately six more residential lots. This proposal is consistent
with the concept approved by City Council in the South Rupple Rd. area to concentrate areas of
dense development in exchange for low density and conservation in sensitive natural areas.
Public Comment: Staff has not received public comment on the proposal as of writing this report.
INFRASTRUCTURE:
Streets: The subject parcels have access to fully constructed public streets. All public
infrastructure was previously installed with the Sloanbrooke II subdivision.
Water: Public water is available to the subject parcels. All public infrastructure was
previously installed with the Sloanbrooke II subdivision.
Sewer: Sanitary sewer is available to the subject parcels. All public infrastructure was
previously installed with the Sloanbrooke II subdivision.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. Some floodplain areas are present on these parcels, but is
in process of a map revision to be removed from the floodplain to accommodate
home construction. No protected streams cross these parcels. No portion of these
parcels lies within the Hillside -Hilltop Overlay District.
Fire: The Fire Department expressed no concerns with this request.
Police: The Police Department expressed no concerns with this request.
CITY PLAN 2030 FUTURE LAND USE PLAN: The City Plan 2030 Future Land Use Plan map
(FLUM) identifies this area primarily as a Residential Neighborhood Area, currently zoned NC,
and Natural Area located along isolated floodplains, currently zoned R -A. This overall area along
the Rupple Road corridor has been indicated on the FLUM to be developed for a number of years.
The overall 600 -acre area is identified as having a high level of natural resources by the
Fayetteville Natural Heritage Association (FNHA), a local non-profit group. Habitat in this area is
classified by the FNHA as prairie remnant and seasonal wetlands. As a result of the FNHA work
and other City staff research, this study area was included on the Enduring Green Network (EGN)
map. The EGN map resulted in designation of portions of this area as Natural Area on the FLUM.
Remnant prairie in the area appears to be located particularly along the riparian corridors that
have less disturbance. Due to the environmental sensitivity of the study area, staff recommended
in a previous rezone of 600 -acres along Rupple Road (15-5174) that land identified as Natural
Area be zoned R -A, Residential Agricultural.
Residential Neighborhood Areas are primarily residential in nature and support a variety of
housing types of appropriate scale and context, including single family, multifamily and row -
houses. Residential Neighborhood encourages highly connected, compact blocks with gridded
street patterns and reduced setbacks. It also encourages traditional neighborhood development
that incorporates low -intensity non-residential uses intended to serve the surrounding neighbor-
hood, 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 envi-
ronment.
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
G:\ETC\Development Services Review\2018\Development Review\18-6239 RZN NE
Of Oldham Dr. & Broyles Ave. (North Lots - Sloanbrooke Ph. II) 477
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.
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Plan Analysis: Staff believes that the proposal is mostly
compatible with the goals in City Plan 2030, adopted land use policies, and
the future land use designation for this location. The rezoning is not entirely
consistent with the FLUM, but staff finds it appropriate to make an equal
exchange of land between the two areas. The concept for planned
development of this area has been anticipated for many years. While the
rezoning of the R -A portion of the site does not exactly match the purpose
of Natural Areas, the applicant proposes to shift the R -A area north, but still
adjacent to surrounding R -A and natural areas. The proposed NC is vice
versa, with shifting the NC area south and adjacent to other NC zoned land,
which is appropriate. Staff does not anticipate any significantly adverse
impacts to riparian corridors or environmentally -sensitive areas.
Land Use Compatibility: The proposed zoning is generally compatible with
the surrounding residential and natural properties. Rezoning the current R-
A to NC would fit with the surrounding NC zoning. The current NC zoned
property would fit the surrounding R -A property.
2. 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
planned development of this area. Modification and an equal exchange of the
zoning of the applicant's property is appropriate given that the applicant has
a specific development proposal that does not accommodate the R -A zone,
but can provide such space elsewhere in the development. This proposal is
similar in nature to the aforementioned proposal RZN 16-5400, which was
approved by City Council in 2016.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: This rezoning will not substantially increase traffic on surrounding roads
over the existing zoning. The rezone would allow the developer to add in a
few additional residential lots within the development. As individual
developments are reviewed, on and off-site street improvements will be
reviewed and recommended.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
WETC\Development Services Review\2018\Development Revie%AA18-6239 RZN NE
Of Oldham Dr. & Broyles Ave. (North Lots - Sloanbrooke Ph. II) 477
Finding: The proposed rezoning would not increase population density over the
existing zoning, as the rezone is an equal exchange of zoned land between
NC and R -A.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN 18-6239 to City Council
with a recommendation for approval.
PLANNING COMMISSION ACTION: Required YES
'Date: June 252018
Motion: Winston
Second: Autry
Vote: 7-0-0
BUDGET/STAFF IMPACT:
None
0 Tabled 0 Forwarded O Denied
Motion to forward to CC w/ recommendation.for approval
Motion passes
Attachments:
• Unified Development Code:
o §161.03 - District R -A, Residential -Agricultural
o §161.29- Neighborhood Conservation
• Request letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
G:\ETC\Development Services Review\2018\Development Review\18-6239 RZN NE
Of Oldham Dr. & Broyles Ave. (North Lots - Sloanbrooke Ph. ll) 477
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
lUnit 6
Agriculture
'Unit 7
Animal husbandry
(Unit 8
Single-family dwellings
'Unit 9
Two- mily dwellings
lUnit 37
(Manufactured homes
'Unit 41
Accessory dwellings
'Unit 43
Animal boarding and training
(2) Conditional Uses
'Unit 2 Cit -wide uses by conditional use permit
lUnit 4 Cultural and recreational facilities
'Unit 5 Government facilities
lUnit 20 Commercial recreation, lar a sites
lUnit 24 Home occupations
lUnit 35 Outdoor Music Establishments
Unit 36Wireless communications facilities
lUnit 42 Clean technologies
C Densi
Units per acre Orre-half%z
(D) Bulk and Area Regulations.
Lot width minimum
200 feet
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwelling unit
:2 acres
E Setback Requirement
Front Side Rear
5 feet 120 feet 135 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)
G:\ETC\Development Services Review\2018\Development Review\18-6239 RZN NE
Of Oldham Dr. & Broyles Ave. (North Lots - Sloanbrooke Ph. ll) 477
161.29 - 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 riqht
Unit 8 Single-family dwellings
Unit 41 jAccessory dwellings
(2) Conditional Uses
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 9
Two 2 family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 12a Limited business*
Unit 24
Home occu ations
Unit 25
Offices, studios, and related services
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communication facilities
Unit 44
Cluster Housing Development
(C) Density. Ton (10) Unite Per Acro.
(D) Bulk and Area Regulations.
1 Lot Width Minimum.
Single Famil 0 feet
Two Family 80 feet
Three Family 90 feet
(2) Lot Area Minimum. 4,000 square feet
(E) Setback Regulations.
F Building Height R ulations .
lBuilding Height Maximum 13 stories
(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>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§ 5, 7-9, 1-17-17; Ord.
No. 6015, §1(Exh. A), 11-21-17)
G:\ETC\Development Services Review\2018\Development Review\18-6239 RZN NE
Of Oldham Dr. & Broyles Ave. (North Lots - Sloanbrooke Ph. II) 477
build -to zone that is located between
F=ront
the front property line and a line 25
feet from the front properly line.
`aide
5 feet
Rear
5 feet
Rear, from
center line of
12 feet
an aIle
F Building Height R ulations .
lBuilding Height Maximum 13 stories
(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>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§ 5, 7-9, 1-17-17; Ord.
No. 6015, §1(Exh. A), 11-21-17)
G:\ETC\Development Services Review\2018\Development Review\18-6239 RZN NE
Of Oldham Dr. & Broyles Ave. (North Lots - Sloanbrooke Ph. II) 477
J O R G E N S E N 124 et Su l lee Drive. Suite 5
Fayetteville, ARAR 72703
Ar'iti, +ASSOCIATES Office: 479.442.9127
Civil Engineering Fax: 479.582.4807IV, Surveying www.jorgensenassoc.com
MIX Landscape Architecture Services
June 4, 2018
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Attn: Development Services
Re: Sloanbrooke Ph 2 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:
a. 765-30633-000 (Riverwood Homes LLC)
B. Currently this property is zoned RA. The reason for the requested N -C zoning is to allow this
property to be suitable for residential lots.
C. The property due west & east are zoned N -C. The property to the north is R -A and due south is N -C.
Zone R -A is a residential- agriculture zoning that is regulated in order to protect agricultural land
until an orderly transition to urban development has been accomplished. This zoning only allows a
minimum of 200' wide lots. The requested N -C is a residential zoning that will allow a minimum of
50' wide lots which is compatible with the other lots that are in Sloanbrooke Ph 1. The proposed
use of Zone N -C will not adversely impact adjacent land uses, as said uses under Zone N -C are
compatible in use.
D. Existing water and sewer already installed to serve these lots.
E. We feel the requested zonings are in line with the goals of the City Plan 2030 for rezoning and
development.
F. N -C is the appropriate zoning for the intended use.
G. W Oldham Road has ample capacity to get cars to Broyles which also ample capacity to handle any
additional traffic.
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.
I. R -A is not the appropriate zoning for residential.
Please review this application and let us know if there are any questions that we may be able to answer.
Thanks.
Jorgensen + Associates
RZN18-6239 NE LOTS SLOANBROOKE PH II
One Mile View N 0 RT H
0.5 Miles
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Zoning EXTRACTION
RESIDENTIALSINGLE-FAMILY m -
Legend
_ __. -
Read—,tl At,,-1ural COMMERCIAL
s Resitlenlial Off—
' 4 Planning Area
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FORM BASED DISTRICTS
' Fayetteville City Limits
t
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— — Shared Use Paved Trail
' Trail (Proposed)
Footprint
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RESIDENTIAL MULTI -FAMILY .'rMein slreel censer
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RZN18-6239 NE LOTS SLOANBROOKE PH II
Close Up View
16 G-4
Proposed 9•A
Ll1
U) L
a
LU
Legend
Planning Area
9
Fayetteville Cit Limits
Y Y
Trail (Proposed)
Building Footprint
V
R-.1
Proposed NC
Proposed R -A
RVZu
PERSIMMON 5T
Proposed NC CS
Feet
0 145 290 580 870 1,160
1 inch = 400 feet
A&
NORTH
Zoning Acres
Tract 1 1.6
Tract 3 0.1
Tract 2 0.2
Tract 4 1.7
Total 3.6
RZN18-6239 NE LOTS SLOANBROOKE PH Ii A&
Current Land Use NORTH
1 11*040- 11��. V#__
50AP5T0NE DRR J
�.+ 1 .►. -- } _A r
WEDGE DR
ol
- -�- - Single Family
1 _iR —; — - — ®.M• PERSIMMON ST-
Undeveloped
IIII __OLDHAN
a:l�I !!l
Ni''w z{ 1 Ik
W �Q
co I
o'l,
I'
- n.m• P.
\ f 1 P. r •�rirr. ��
Undeveloped
,
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_j y ''
7 '� •ice•` V _ J _
7 tl�'
1
1 If_ rti •�CISSFUL DR r
J Single Family '
_ 3
'---ANTHEM DR s
I E 1!
:WALES'DR
n1 (--
Streets Planned FEMA Flood Hazard Data
MSP Class
COLLECTOR
MINOR ARTERIAL
ag 100 -Year FllI
Streets Existing
MSP Class Feet . Floodway
COLLECTOR
MINOR ARTERIAL 0 145 290 580 870 1,160
�1 Trail (Proposed)
t=iPlannircArea 1 inch = 400 feet
L _ I Fayeha ille City Limits
RZN18-6239 NE LOTS SLOANBROOKE PH A&
Future Land Use NORTH
Uj
SOAPSTONE DR Q
x
(0 WEDGE DR
co
v
PERSIMMON ST
OLDHAM DR
2
J
W Z
Q W
Q
Q �C9
co Z 0 Q
Lu Z
J Q
o s
ettSSFUL DR
m C/?OFTO v��P
R
ANTHEM DR
WALES DR
Legend FUTURE LAND USE 2030
._ ' Planning Area Natural Area
_'_'_� Feet Residential Neighborhood Area
Fayetteville City Limits City Neighborhood Area
0 145 290 580 870 1,160
Trail (Proposed) Civic Institutional
Building Footprint 1 inch = 400 feet
RECEIVED
AUG 2 3 1018
CITY OF FAYETTEVILLE
CITY CLERK'S OFF CE
NoRTHwEST ARKANsAs
Democrat _ azette
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 OF FAYETTEVILLE
Ord. 6077
Was inserted in the Regular Edition on:
August 16, 2018
Publication Charges: $ 78.00
4��M] '
Cathy Wiles
Subscribed and sworn to before me
Thial day of&tV , 2018.
Notary Public
My Commission Expires.
* *NOTE* *
Please do not pay from Affidavit -
Invoice will be sent.
—ice "1: .. r .a • _ i •9w+i'
Ordinance: 6077
File Nurrrber: 2018-0340
RZN 18-6239 (NE OF OLDI IAM DR &
13ROYLES AVG,/NORTH LOTS-
SLOANBROOKE 11I-1 ll):
AN ORDINANCE TO REZONE THOSE
PROPERTIES DESCRIBED IN REZONING
PETITION R7_N 18-6239 FOR
APPROXIMATELY 3.58 ACRES LOCATED
NOR"fHEAST OF OLDHAM DRIVE AND
BROYLES AVENUE FROM R -A,
RESIDENTIAL. AGRICULTURAL TO NC,
NEIGI IBORHOOD CONSERVATION AND
I -ROM NC, NEIGHBORHOOD
CONSERVATION TO R -A, RESIDENTIAL.
AGRICULTURAL
BE IT ORDAINED BY THE CITY COUNCIL_
of TILE CITY OF FAYETTEVILLE,
ARKANSAS:
Section I That the City Council of the City of
Fayetteville, Arkansas hereby changes the zone
classification of the properties shown on the map
(Exhibit A) and the Ictal description (Exhibit B)
both attached to the Planning Department's
Agenda Mcmo from R -A, Residential
Agricultural to NC, Neighborhood Conservation
and From NC, Neighborhood Conservation to R-
A, Residential Agricultural
Section 2. That the City Council of the City or
Fayetteville, Arkansas hereby amends the
official zoning map of the City of Fayetteville to
teflecl the zoning changes provided in Section 1.
PASSED and APPROVED on 8/7/2018
Approved:
Lioneld.lordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
74639496 Aug. 16, 2018