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Home My WebLink AboutORDINANCE 624711 .► File Number: 2019-0649 RZN 19-6708 (NW OF RUPPLE RD. & FAITH ST./SLOANBROOKE PH. IV): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19- 6708 FOR APPROXIMATELY 1.63 ACRES LOCATED NORTHWEST OF RUPPLE ROAD AND FAITH STREET FROM R -A, RESIDENTIAL AGRICULTURAL TO NC, NEIGHBORHOOD CONSERVATION, SUBJECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R -A, Residential Agricultural to NC, Neighborhood Conservation, subject to the bill of assurance attached hereto and made a part hereof. 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 10/15/2019 Attest: Lisa Branson, Deputy City TirF4u 1111/yl.� Zle�,�,- rRF •�'. : FAYE7TEVILLE %m= ,v • A. y .Q/rA NSPS•.�``�. ro Page 1 Printed on 10/16/19 ARCHIVED ._. ��_ a ' °�� ' IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III Doc ID: 018882070003 Type: REL Kind: ORDINANCE 113 West Mountain Street Recorded: 11/01/2019 at 10:55:15 AM Fee Amt: $25.00 Page 1 of 3 Fayetteville, AR 72701 Washington County, AR Kyle Sylvester Circuit Clerk (479) 575-8323 File2019_00033547 Ordinance: 6247 File Number: 2019-0649 RZN 19-6708 (NW OF RUPPLE RD. & FAITH ST./SLOANBROOKE PH. IV): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19- 6708 FOR APPROXIMATELY 1.63 ACRES LOCATED NORTHWEST OF RUPPLE ROAD AND FAITH STREET FROM R -A, RESIDENTIAL AGRICULTURAL TO NC, NEIGHBORHOOD CONSERVATION, SUBJECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R -A, Residential Agricultural to NC, Neighborhood Conservation, subject to the bill of assurance attached hereto and made a part hereof. 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 10/15/2019 Attest: Lisa Branson, Deputy City TirF4u 1111/yl.� Zle�,�,- rRF •�'. : FAYE7TEVILLE %m= ,v • A. y .Q/rA NSPS•.�``�. ro Page 1 Printed on 10/16/19 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, Riverwood Homes, LLC the owner and developer of Sloanbrooke Phase IV (hereinafter "Petitioner") hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request to Neighborhood Conservation. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. Petitioner shall construct on the subject property adjacent to Rupple Road: a. A six foot (6') wrought iron style fence; b. Trees and shrubs along fence; c. Irrigation; d. Dressed up rear home elevations facing Rupple Road.(see Exhibit A) IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, Riverwood Homes, LLC, as the owner and developer (Petitioner) voluntarily offer all such assurances and sign my name below. Date 3420 N. Plainview Avenue Fayetteville, Arkansas 72703 Address 4253405.1:006344:00001 Riverwood Homes, LLC J Managing Member Mark Marquess NOTARY OATH STATE OF ARKANSAS } �c�it/ �`-tl t�f } -SS COUNTY O N } And now on this the 1 � � t day of �, 2019, appeared before me, IASL r� ✓j0, -Y a Notary Public, and atter being placed upon hisfher oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. INN# or C. My Commission Fxptreg-.. TAq� •''� Y' ' s y •.,•. UNTY 42,) 405.1.006144M()01 r � R PUBLIC (2- ��Z- N J� EXHIBIT A Petitioner will plant trees and shrubs in a sufficient manner to look meaningful and not sparse and will plant da grass and irrigate it along Rupple Road. It also agrees to put up a six foot (6') wrought iron style metal fence, much the same that it has put up on this subdivision elsewhere on Rupple Road and the same type that is currently being used at the nearby school. In regard to dressing up the rear elevations of the homes facing Rupple Road the Petitioner on these four lots will use combinations of dormers, gables and covered porches with fluted columns and custom made shutters as it suits the particular home to avoid a cookie cutter look but still dress up the elevation facing Rupple Road. 4260174.1:006344:00001 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") Brian Chaisson, a married man as owner of Washington County Parcel # 765-04739-000, Lot 2 of Diamond Acres located in Fayetteville, Washington County, Arkansas, along with his wife Elizabeth Chaisson, hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to single-family homes. 2. Other restrictions including number and type of structures upon the property are limited to: a) The property shall be divided into no more than a maximum of three (3) lots. b) Only one (1) single-family home shall be allowed per lot. c) Said single-family homes must be permanent structures and not manufactured homes, trailers or mobile homes. 3. Specific activities will not be allowed upon petitioner's property include: a) No multi -family properties. b) No more than one (1) single-family home per lot. c) No manufactured housing, trailers, or mobile homes shall be erected on any lot. Bill of Assurance — Brian Chaisson and Elizabeth Chaisson Document classification: NPD Internal Only Page 1 4. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat, Large Scale Development, Survey or Lot Split which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, Brian Chaisson, a married man, as the owner, developer or buyer, and being joined by my wife, Elizabeth Chaisson, (Petitioner) voluntarily offer all such assurances and sign our names below. ZGl's", ck*ltf.SCdln Date Printed Name Address t Brian Chaisson, Owner (011 �- I ,ryy1 CcuSSc�w Date Printed Name srr�eT-em��. AddressJ'�r"'" 1 ` Bill of Assurance — Brian Chaisson and Elizabeth Chaisson Document classification: NPD Internal Only 1 Elizabeth Chaisson, Wife of Brian Chaisson Page 2 t NOTARY OATH STATE OF ARKANSAS COUNTY OF WASHINGTON } BE IT REMEMBERED, that on the Y day of 0c kbt r , 2019 came before the undersigned, a Notary Public within and for the County and State aforesaid, duly commissioned and acting, Brian Chaisson and Elizabeth Chaisson, to me well known or satisfactorily proven, and upon their oath swore or affirmed that they had agreed to the terms of the above Bill of Assurance and had signed their names thereon for the consideration, uses and purposes therein mentioned and set forth. My Commission Expires: .7 -23-2G Bill of Assurance — Brian Chaisson and Elizabeth Chaisson Document classification: NPD Internal Only NOTARY PUBLIC RONALD CALAWAY NOTARY ARKANSAS WASHINGTON COUNTY My Commission Expires 08-23-2026 Commission # 12698667 Page 3 RZN 19-6708 Close Up View SLOANBROOKE PH. 4 Subject Property MC, Legend Shared Use Paved Trail Trail (Proposed) ' 1 Planning Area Feet �___ _ Fayetteville City Limits 0 145 290 580 870 Building Footprint 1 inch = 400 feet 1,160 19-6708 EXHIBIT 'A' RSF-4 NI Zoning Acres NC 1.5 NC 0.1 Total 1.6 19-6708 EXHIBIT 'B' LEGAL DESCRIPTION: (TRACT 1 R -A TO A part of the SW1/4 of the NE1/4 of Section 13, T16N, R31W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SW1/4, NE1/4, thence S02°22'52"W 375.75 feet, thence S73'1 1'37"E 77.44 feet, thence S02022'52"W 43.43 feet, thence S87037'13"E 378.73 feet to the POINT OF BEGINNING; thence S87°37'13"E 5.88 feet, thence S58°03'54"E 197.37 feet, thence along a non tangent curve to the left 275.22 feet, said curve having a radius of 583.00 feet and chord bearing and distance of S18°24'41"W 272.67 feet, thence N29°34'48"W 27.45 feet, thence N73035'27"W 33.46 feet, thence S88°30'39"W 29.42 feet, thence N87'37'1 2"W 27.81 feet, thence N81008'44"W 20.28 feet, thence S62°18'11"W 18.64 feet, thence S65°46'53"W 10.49 feet, thence N25040'42"W 24.03 feet, thence N53049'56"W 27.96 feet, thence N83°02'01 "W 35.80 feet, thence N46°27'36"W 25.23 feet, thence N07018'41 "W 27.16 feet, thence N12'51'20"E 31.14 feet, thence N68016'49"E 14.05 feet, thence N59°44'54"E 36.16 feet, thence N17031'25"E 54.60 feet, thence N26037'22"E 34.97 feet, thence N04044'02"E 31.36 feet, thence N15°35'44"W 22.51 feet, thence N09023'00"E 15.84 feet, thence N69038'50"E 17.54 feet, thence N87036'35"E 20.90 feet, thence N39°41'54"E 46.26 feet, thence N30058'43"E 5.15 feet to the POINT OF BEGINNING: Containing 1.54 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (TRACT 2 R -A TO NC) A part of the SW1/4 of the NE1/4 of Section 13, T16N, R31W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SW1/4, NE1/4, thence S02°22'52"W 375.75 feet, thence S73'1 1'37"E 77.44 feet, thence S02022'52"W 43.43 feet, thence S87°37'1 YE 384.61 feet, thence S58°03'54"E 197.37 feet, thence along a non tangent curve to the left 275.22 feet, said curve having a radius of 583.00 feet and chord bearing and distance of S18°24'41"W 272.67 feet, thence along a curve to the left 6.44 feet, said curve having a radius of 583.00 feet and a chord bearing and distance of SO4°34'16"W 6.44 feet to the POINT OF BEGINNING; thence continue Southerly along said curve through a central angle of 01 052'58", a distance of 19.16 feet, thence S02'22'1 8"W 0.44 feet, thence along a curve to the right 79.94 feet, said curve having a radius of 466.00 feet and a chord bearing and distance of S07'1 7'09"W 79.84 feet, thence along a curve to the left 25.52 feet, said curve having a radius of 522.00 feet and a chord bearing and distance of S10°47'57"W 25.52 feet, thence N88°05'03"W 39.53 feet, thence N18°58'24"kN 26.61 feet, thence N28034'11"E 54.38 feet, thence N63026'47"E 25.22 feet, thence N2201 1'09"E 41.38 feet to the POINT OF BEGINNING: Containing 3,845.04 square feet or 0.09 acres more or less subject to easements and right of way of record. Washington County, AR I certify this instrument was filed on 11/01/2019 10:515 AM and recorded in R al Estate FileNu 20 -00033547 Kyle s -Circuit Clerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File — File Number: 2019-0649 Agenda Date: 10/15/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 7 RZN 19-6708 (NW OF RUPPLE RD. & FAITH ST.ISLOANBROOKE PH. IV): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6708 FOR APPROXIMATELY 1.63 ACRES LOCATED NORTHWEST OF RUPPLE ROAD AND FAITH STREET FROM R -A, RESIDENTIAL AGRICULTURAL TO NC, NEIGHBORHOOD CONSERVATION, SUBJECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R -A, Residential Agricultural to NC, Neighborhood Conservation, subject to the bill of assurance attached hereto and made a part hereof. 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 1011612019 Garner Stoll City of Fayetteville Staff Review Form 2019-0649 Legistar File ID 10/15/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/27/2019 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN 19-6708: Rezone (NW OF RUPPLE RD. & FAITH ST./SLOANBROOKE PH. IV, 477,478): Submitted byJORGENSEN & ASSOCIATES, INC. for properties located NW OF RUPPLE RD. & FAITH ST. The properties are zoned R -A, RESIDENTIAL AGRICULTURAL & NC, NEIGHBORHOOD CONSERVATION and contain approximately 1.63 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION. 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 $ V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 15, 2019 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Andrew Garner, Planning Director FROM: Harry Davis, Planner DATE: September 27, 2019 CITY COUNCIL MEMO SUBJECT: RZN 19-6708: Rezone (NW OF RUPPLE RD. & FAITH ST./SLOANBROOKE PH. IV, 477,478): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located NW OF RUPPLE RD. & FAITH ST. The properties are zoned R -A, RESIDENTIAL AGRICULTURAL & NC, NEIGHBORHOOD CONSERVATION and contain approximately 3.08 acres. The request is to rezone the properties to NC, NEIGHBORHOOD CONSERVATION & R -A, RESIDENTIAL AGRICULTURAL. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the subject property to NC, Neighborhood Conservation, as shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property is located off Rupple Road south of Owl Creek in west Fayetteville and contains approximately 1.63 acres. 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 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. This rezoning proposal did previously pass through Planning Commission in July of this year and made it to City Council, but they forwarded the proposal back down to Planning Commission for more review. The original proposal included rezoning some city -owned land that was dedicated by the applicant for parkland. Request: The applicant has a revised proposal that requests to rezone property completely owned by the applicant as depicted in the attached rezoning exhibit. The rezoning would change 1.63 acres slated to become residential lots from R -A to NC to allow for their construction. This proposal is consistent with the concept approved by City Council in the South Rupple Rd. area to concentrate areas of dense development while conserving sensitive natural areas and floodplain in other areas. Over the last few years, the applicant has successfully revised the floodplain boundary and the currently proposed area for NC zoning is not in the floodplain. 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. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 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 as 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 has dedicated a significant amount of parkland along Owl Creek and adjacent to surrounding R -A and natural areas. Staff does not anticipate any significantly adverse impacts to riparian corridors or environmentally -sensitive areas. DISCUSSION: On September 23, 2019, the Planning Commission forwarded the proposal to City Council with a recommendation for approval by a vote of 8-0-0. No public comment was made. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RKI Legend Shared Use Paved Trail Trail (Proposed) - - - Feet Planning Area L Fayetteville City Limits 0 145 290 580 870 1,160 Building Footprint 1 inch = 400 feet KIIF-.I Zoning Acres NC 1.5 NC 0.1 Total 1.6 19-6708 EXHIBIT 'B' LEGAL DESCRIPTION: (TRACT 1 R -A TO NC A part of the SW1/4 of the NE1/4 of Section 13, T16N, R31W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SW1/4, NE1/4, thence S02°22'52"W 375.75 feet, thence S73'11 1'37"E 77.44 feet, thence S02°22'52"W 43.43 feet, thence S87°37'1 YE 378.73 feet to the POINT OF BEGINNING; thence S87°37'13"E 5.88 feet, thence S58003'54"E 197.37 feet, thence along a non tangent curve to the left 275.22 feet, said curve having a radius of 583.00 feet and chord bearing and distance of S18°24'41"W 272.67 feet, thence N29034'48"W 27.45 feet, thence N73°35'27"W 33.46 feet, thence S88°30'39"W 29.42 feet, thence N87037'12"W 27.81 feet, thence N81°08'44"W 20.28 feet, thence S62018'1 VW 18.64 feet, thence S65°46'53"W 10.49 feet, thence N25040'42"W 24.03 feet, thence N53049'56"W 27.96 feet, thence N83°02'01 "W 35.80 feet, thence N46°27'36"W 25.23 feet, thence N07°18'41"W 27.16 feet, thence N12051'20"E 31.14 feet, thence N68016'49"E 14.05 feet, thence N59°44'54"E 36.16 feet, thence N17°31'25"E 54.60 feet, thence N26°37'22"E 34.97 feet, thence N04044'02"E 31.36 feet, thence N15°35'44"W 22.51 feet, thence N09023'00"E 15.84 feet, thence N69°38'50"E 17.54 feet, thence N87°36'35"E 20.90 feet, thence N39041'54"E 46.26 feet, thence N30058'43"E 5.15 feet to the POINT OF BEGINNING: Containing 1.54 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (TRACT 2 R -A TO NC) A part of the SW1/4 of the NE1/4 of Section 13, T16N, R31W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SW1/4, NE1/4, thence S02°22'52"W 375.75 feet, thence S7301 1'37"E 77.44 feet, thence S02°22'52"W 43.43 feet, thence S87°37'13"E 384.61 feet, thence S58°03'54"E 197.37 feet, thence along a non tangent curve to the left 275.22 feet, said curve having a radius of 583.00 feet and chord bearing and distance of S18°24'41"W 272.67 feet, thence along a curve to the left 6.44 feet, said curve having a radius of 583.00 feet and a chord bearing and distance of SO4°34'16"W 6.44 feet to the POINT OF BEGINNING,- thence EGINNING;thence continue Southerly along said curve through a central angle of 01052,58", a distance of 19.16 feet, thence S02'22'1 8"W 0.44 feet, thence along a curve to the right 79.94 feet, said curve having a radius of 466.00 feet and a chord bearing and distance of S07'1 7'09"W 79.84 feet, thence along a curve to the left 25.52 feet, said curve having a radius of 522.00 feet and a chord bearing and distance of S1 0047'57"W 25.52 feet, thence N88005'03"W 39.53 feet, thence N18°58'24"W 26.61 feet, thence N28°34'11"E 54.38 feet, thence N63026'47"E 25.22 feet, thence N22'1 1'09"E 41.38 feet to the POINT OF BEGINNING: Containing 3,845.04 square feet or 0.09 acres more or less subject to easements and right of way of record. CITY OF IVFAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Harry Davis, Planner MEETING DATE: September 23, 2019 UPDATED W PC RESULTS SUBJECT: RZN 19-6708: Rezone (NW OF RUPPLE RD. & FAITH ST./SLOANBROOKE PH. IV, 477,478): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located NW OF RUPPLE RD. & FAITH ST. The properties are zoned R -A, RESIDENTIAL AGRICULTURAL & NC, NEIGHBORHOOD CONSERVATION and contain approximately 1.63 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION. RECOMMENDATION: Staff recommends forwarding RZN 19-6708 to City Council with a recommendation for approval, based on the findings contained in this report. RECOMMENDED MOTION: "I move to forward RZN 19-6708 to City Council with a recommendation for approval." BACKGROUND: The subject property is located off Rupple Road south of Owl Creek in west Fayetteville and contains approximately 1.63 acres. 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 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. This rezoning proposal did previously pass through Planning Commission in July of this year and made it to City Council, but they forwarded the proposal back down to Planning Commission for more review. The original proposal included rezoning some city -owned land that was dedicated by the applicant for parkland. 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 has a revised proposal that requests to rezone property completely owned by the applicant as depicted in the attached rezoning exhibit. The rezoning would change 1.63 acres slated to become residential lots from R -A to NC to allow for their construction. This proposal is consistent with the concept approved by City Council in the South Rupple Rd. area to concentrate areas of dense development while conserving sensitive natural areas and floodplain in other areas. Over the last few years, the applicant has successfully revised the floodplain boundary and the currently proposed area for NC zoning is not in the floodplain. 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: Drainage improvements were previously installed with the Sloanbrooke IV subdivision, but any additional improvements or requirements for drainage will be determined at the time of development. There are some floodplain areas, Zone AE, present on these parcels in the areas being requested for rezoning. No protected streams cross these parcels. No portion of these parcels lie 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 as 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. Natural Areas consist of lands approximating or reverting to a wilderness condition, including those with limited development potential due to topography, hydrology, vegetation or value as an environmental resource. These resources can include stream and wildlife corridors, as well as natural hubs and cores, as identified in the FNHA study, many of which make up the backbone of the enduring green network. A Natural Area designation would encourage a development pattern that requires conservation and preservation, prevents degradation of these areas, and would utilize the principles of low impact development for all construction. FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use G:\ETC\Development Services Review\2019\Development Services\19-6708 RZN NW of Rupple Rd. & Faith (Sloanbrooke Ph. 4) 477, 478\ 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 as 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 has dedicated a significant amount of parkland along Owl Creek and adjacent to surrounding R -A and natural areas. 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. 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. 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. Finding: The proposed rezoning would increase population density over the existing zoning, but this impact is not expected to undesirably increase the load on public services. 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: 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 GAETC\Development Services Review\2019\Development Services\19-6708 RZN NW of Rupple Rd. & Faith (Sloanbrooke Ph. 4) 477, 478\ RECOMMENDATION: Planning staff recommends forwarding RZN 19-6708 to City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES Date: September 23, 2019 Cl Tabled 7 Forwarded O Denied Motion: Winston Motion to forward to CC recommending approval Second: Belden Motion passes Vote: 8-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.03 - District R -A, Residential -Agricultural o §161.29 - Neighborhood Conservation • Request letter • Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map GAETC\Development Services Review\2019\Development Services\19-6708 RZN NW of Rupple Rd & Faith (Sloanbrooke Ph 4) 477. 478\ 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 9Two-family dwellings Unit 37 Manufactured homes UniEAnimal Accessorydwellings boardin and training 2 Conditional Uses. Unit 2 it -wide uses by conditional use permit Unit 4 ultural and recreational facilities Unit 5 3overnment facilities Unit 20 ommercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 ireless communications facilities Unit 42 JClean technologies C Densit . Units per acre 0ne-halfY2 (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 Requirements. Front ide IRear 35 feet PO feet P5 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\2019\Development Services\19-6708 RZN NW of Rupple Rd. & Faith (Sloanbrooke Ph. 4) 477, 478\ 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 right Unit 8 ISingle-family dwellings Unit 41 jAccessory dwellings 2 Conditional Uses. Unit 2 Cit -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 occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. 1 Lot Width Minimum. Single Family 0 feet Two Family 80 feet Three Family 90 feet (2) Lot Area Minimum . 4,000 square feet (E) Setback Regulations. F Building Height Regulations. IBuilding 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\2019\Development Services\19-6708 RZN NW of Rupple Rd. & Faith (Sloanbrooke Ph. 4) 477, 478\ build -to zone that is located between Front the front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from enter line of 12 feet n aIle F Building Height Regulations. IBuilding 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\2019\Development Services\19-6708 RZN NW of Rupple Rd. & Faith (Sloanbrooke Ph. 4) 477, 478\ JORGENSEN +ASSOCIATES Civil Engineering Surveying Landscape Architecture Services August 15, 2019 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: Rezoning Sloanbrooke Ph 4 Subdivision 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 Fax: 479.582.4807 www.jorgensenassoc.com Attached herewith please find the submittal documents in regards to a rezoning of a piece of the recently approved Sloanbrooke Ph 4 Subdivision. When the subdivision was submitted and approved there was a small portion in the NE corner that was zoned R -A. The property in question is lot 38 & 62 as shown on the approved preliminary plat. We are now requesting to rezoning 1.54 acres of this property from R -A to NC. Once rezoned we can then add those lots back to the Final Plat. We thank you for your consideration of this proposal and please call with any questions, Thank you. Sincerely; a161 alll - Ju tin L. J gensen, P.E. J O R G E N S E N 124 et Sue Drive, Suite 5 Fayetteville, ARAR 72703 +ASSOCIATES Owe Office: 479.442.9127 Civil Engineering Surveying Fax: 479.582.4807 Landscape Architecture Services www.jorgensenassoc.com May 15, 2019 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: Sloanbrooke Ph 4 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. 765-22366-103-000 (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. 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R-:1 SUbtect Property g N TOFIN p �(O (' CS <' .... , WlWrilWifl` J LU a o Ittir-I >RSF-2 ul g J CL z rz Zoning EXTRACTION J - - RESIDENTIAL SINGLE-FAMILY = E-1 Legend Read.m®Lb,� COMMERCIAL �-"" RSFS RaaEenliaLORce RSF 1 RSF.2 ®C.2 Planning Area R F_; mc. 1" ° FORM BASED DISTRICTS — — — - - RSF-e Dw —Ce,. L _ _ r Fayetteville City Limits U- T-1111-1 RESIDENTIAL MULTI -FAMILY M..s 1cem°, W RT -12 R— 1,.1 Tvro ab TM.e f—hy D- G —.1 — — Shared Use Paved Trail Fa MC a nv^,„sary RM FNe91,EanwE Services � R RMF -1B Trail (Proposed) �NegEDZONINGDI TR 1. � _ _ _ _ _ � RMFS. PLANNED ZONING DISTRICTS Planning Area USTRIRMF- W ,a„,,^,N, 1.R..b.aaa -' INDAL INSTITUTIONAL Building Footprint O Fayetteville City Limits • -: D ,aNaaa , l RZN19-6708 SLOANBROOKE PH. 4 Close Up View PERSIMMON ST M N(' 3 0 Legend Shared Use Paved Trail Trail (Proposed) - - - Feet 4 - - _ Planning Area Fayetteville City Limits 0 145 290 580 870 1.160 Building Footprint 1 inch = 400 feet 1ZIII-.1 A& NOH_` RT Zoning Acres NC 1.5 NC 0.1 Total 1.6 RZN 19-6708 Future Land Use z J z Q J W 0 Q e4'SSFUL DR SLOANBROOKE PH. 4 o ANTHEM DR Q o z _ O WALES DR Y Subject Property Q DIVIDE DR z uJ m �•i"""".►+ TOFINO O PERSIMMON ST Legend I Planning Area - - t - - _� Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint Feet 0 145 290 580 870 1 inch = 400 feet FUTURE LAND USE 2030 Natural Area Residential Neighborhood Area Civic and Private Open Space/Parks 1,160 Civic Institutional RECEIVED NOV 0 5 2019 CITY CF IFAYEli 1f EVUE 'CYbY CILEf2K'S OFFVCE NORTHWEST ARKANSAS Democrat Oazette AFFIDAVIT OF PUBLICATION I Cathy Staggs, do solemnly swear that I am the Accounting Manager for 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. 6247 Was inserted in the Regular Edition on: October 20, 2019 Publication Charges: 88.16 Cathy Ss Subscribed and sworn to before me This 31 day of t)d—, 2019. a� Lvici Notary Public My Commission Expires: CATHY WILES Arkansas - Benton County Notary Public - Comm# 12397118 <. My Commission Explres Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6247 File Number: 2019-0649 RZN 19-6708 (NW OF RUPPLE RD. & FAITH ST./SLOANBROOKE PH. IV): AN ORDINANCE TO REZONE THAT (PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6708 FOR APPROXIMATELY 1.63 ACRES LOCATED NORTHWEST OF RUPPLE ROAD AND FAITH STREET FROM R -A, RESIDENTIAL AGRICULTURAL TO NC, NEIGHBORHOOD CONSERVATION, SUBJECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R -A, Residential Agricultural to NC, Neighborhood Conservation, subject to the bill of assurance attached hereto and made a part hereof. 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 10/15/2019 Jordan, Mayor i Branson, Deputy City Clerk 25490 10/20/2019