Loading...
HomeMy WebLinkAboutOrdinance 6316f io 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6316 File Number: 2020-0368 RZN 20-7041 (2340 E. HUNTSVILLE RD./MCCLAIN): I IIIIIII (IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 019244290003 Type: REL Kind: ORDINANCE Recorded: 06/05/2020 at 09:33:51 AM Fee Amt: $25.00 Page i of 3 Washington County, AR Kyle Sylvester Circuit Clerk File2020-00018238 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20- 7041 FOR APPROXIMATELY 1.81 ACRES LOCATED AT 2340 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS, COMMUNITY SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to CS, Community Services. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 5/19/2020 Attest: ��O1 I I I I I ►►rrt K �i *FZ `�. G\T Y 0,� :rG eoio E AYETTEVILLE Kara Paxton, City Clerk Treasurer G'oN11 Page 1 Printed on 5119120 RZN20-7041 Close Up View w Q Pl Q R 11 F-24 z :.1 } W RSF-8 Y U O 0 NS-G NS-1 RI-12 z J W 2 U —LEE ST m W G m RSF-7 HELEN ST MCCLAIN RSF-a Subject Property I Proposed RSF-18 R-() HUNTSVILLE RDA CA R-.a Legend Trail (Proposed) Planning Area Feet Fayetteville City Limits 0 112.5 225 450 675 900 Building Footprint 1 inch = 300 feet 20-7041 EXHIBIT W TU RI%�� CREEK RP"/.D A& NORTH Zoning Acres RSF-18 2.0 Total 2.0 i 20-7041 EXHIBIT 'B' A part of the Northwest Quarter (NW %) of the Northeast Quarter (NE %) of Section Twenty-three (23), Township Sixteen (16) North, Range Thirty (30) West of the 5th P. M., being more particularly described as follows: Beginning at a point which is 800 feet East and 124 feet South of the Northwest corner of said 40 acre tract; thence running South 420 feet; thence West 210 feet; thence North 420 feet; thence East 210 feet to the point of beginning. Washington County, AR I certify this instrument was filed on 06/05/2020 09:33:51 AM and recorded in Real Estate File Number 2020-00018238 Kyle Sylvester - Circuit Clerk City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File 01-- File Number: 2020-0368 Agenda Date: 5/19/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 2 RZN 20-7041 (2340 E. HUNTSVILLE RD./MCCLAIN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7041 FOR APPROXIMATELY 1.81 ACRES LOCATED AT 2340 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO 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 Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to CS, Community Services. 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 512012020 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2020-0368 Legistar File ID 5/19/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/1/2020 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: RZN 20-7041: Rezone (2340 E. HUNTSVILLE RD./MCCLAIN, 439): Submitted by MCCLELLAND ENGINEERS, INC. for property located at 2340 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.81 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance $ - Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 19, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Review Manager DATE: May 1, 2020 CITY COUNCIL MEMO SUBJECT: RZN 20-7041: Rezone (2340 E. HUNTSVILLE RD./MCCLAIN, 439): Submitted by MCCLELLAND ENGINEERS, INC. for property located at 2340 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.81 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: The Planning Commission and City Planning staff recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property includes approximately 1.8 acres on the north side of Huntsville Road/Highway 16 and about 500 feet west of Crossover Road/Highway 265. Development on the property is limited to a single-family house built in 1950. The site is level with an open stormwater channel crossing the southwestern corner of the property and carrying water from a pair of off - site ponds towards Huntsville Road. Request: The request is to rezone the property from RSF-4, Residential Single-family, 4 Units per Acre, to CS, Community Services. The applicant has not shared specific development plans. Land Use Compatibility: Although many of the properties in the area are undeveloped, agricultural, or large lot residential in nature, staff finds the proposed zoning to be generally compatible with the land use patterns and development trends along the wider Huntsville Road corridor. Although this block of land along Huntsville has yet to develop, the proposed zoning district is of a suitable intensity and density that compatibility can be generally assured. Adjoining and nearby properties have densities ranging from 4 units per acre in RSF-4, 24 units per acre in R-O, and density limited by inherent development requirements in CS. Land Use Plan Analysis: Staff finds the proposed rezoning is consistent with many of the goals and tenets of City Plan 2040 and the Future Land Use Map. The CS zoning district permits a wide array of residential and nonresidential uses under broad allowances that can contribute to the establishment of a compact, complete, and connected neighborhood. Additionally, if developed at sufficient density or intensity, the property's use can contribute to the baseline population or Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 activity necessary to support transit. Lastly, the location of the property within a Tier 2 Center, as designated by the City Plan 2040 Growth Concept Map, indicates that greater density and intensity is appropriate and necessary to realize the City's long-term goals for this area. City Plan 2040's Infill Matrix indicates a varying score for the subject property, ranging from five along the northern extents to seven near Huntsville Road. The following elements of the matrix contribute to the score: • Appropriate Future Land Use Map (City Neighborhood Area) • Near an Elementary School (Happy Hollow) • Near ORT Bus Stop (Route 20) • Near Trail (Happy Hollow Trail) • Near Water Main (Huntsville Road) • Near Sewer Main (Huntsville Road) • 4 Minute Fire Department Response time (Fire Station #3, Happy Hollow Road) DISCUSSION: On April 13, 2020, the Planning Commission tabled the item to afford the applicant time to evaluate alternative zoning districts. The applicant's original request was to rezone the property to RSF-18, Residential Single-family, 18 Units per Acre. On April 27, 2020, the Planning Commission forwarded the proposal to the City Council with a recommendation for approval by a vote of 8-0-0. No public comment was made at either meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN20-7041 MCC LAI N 20-7041 Close up view EXHIBIT W w CREEK'6 i RNil 24 RV/D RSF-4 0.' Z .J W Q' O W RSF-8 U N rn O Subject Property p U RI-12 Z J } Proposed RSF-18 S-G W R-n 2 U HUNTSVILLE RD —LEE ST m z M RSF-7 HELEN ST R-A Legend Trail (Proposed) Planning Area Feet Fayetteville City Limits 0 112.5 225 450 675 Building Footprint 1 inch = 300 feet t11 •I8 A& NORTH Zoning Acres RSF-18 2.0 Total 2.0 20-7041 EXHIBIT 'B' A part of the Northwest Quarter (NW %) of the Northeast Quarter (NE %) of Section Twenty-three (23), Township Sixteen (16) North, Range Thirty (30) West of the 5th p. M., being more particularly described as follows: Beginning at a point which is 800 feet East and 124 feet South of the Northwest corner of said 40 acre tract; thence running South 420 feet; thence West 210 feet; thence North 420 feet; thence East 210 feet to the point of beginning. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO Y .. ARKANSAS TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Review Manager MEETING DATE: April 27, 2020 (Updated with Planning Commission Results) SUBJECT: RZN 20-7041: Rezone (2340 E. HUNTSVILLE RD./MCCLAIN, 439): Submitted by MCCLELLAND ENGINEERS, INC. for property located at 2340 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.81 acres. The request is to rezone the property to CS, Commercial Services. RECOMMENDATION: Staff recommends forwarding RZN 20-7041 to City Council with a recommendation for approval. RECOMMENDED MOTION: "I move to forward RZN 20-7041 to City Council with a recommendation for approval." APRIL 13, 2020 PLANNING COMMISSION MEETING: On April 13, 2020, the Planning Commission tabled the item to afford the applicant time to evaluate alternative zoning districts. The Applicant's original request was to rezone the property to RSF-18, Residential Single-family, 18 Units per Acre. BACKGROUND: The subject property includes approximately 1.8 acres on the north side of Huntsville Road/Highway 16 and about 500 feet west of Crossover Road/Highway 265. Development on the property is limited to a single-family house built in 1950. The site is level with an open stormwater channel crossing the southwestern corner of the property and carrying water from a pair of off - site ponds to Huntsville Road. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North RSF-4, Residential Single -Family, 4 Units per Acre South —Undeveloped Large Lot Residential RSF-4, Residential Single -Family, 4 Units per Acre, CS, Community Services East Large Lot Residential RSF-4, Residential Single -Family, 4 Units per Acre West Large Lot Residential RSF-4, Residential Single -Family, 4 Units per Acre; Request: The request is to rezone the property from RSF-4 to CS, Community Services. The applicant has not shared specific development plans. Public Comment: Staff has received no public comment. Planning Commission April 27, 2020 Agenda Item 3 20-7041 McClain Page 1 of 13 INFRASTRUCTURE: Streets: The overall property has frontage to East Huntsville Road. East Huntsville Road is a fully improved Regional Link, High Activity, with asphalt paving, on -street bike lanes, sidewalk, and curb and gutter along the subject area frontage. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject area. An existing 12-inch water main is present along East Huntsville Road. Sewer: Sanitary Sewer is available to the subject area. Existing 8-inch and 18-inch sanitary sewer mains are present along East Huntsville Road. Drainage: While the property is not within the Hilltop -Hillside Overlay District, a FEMA- designated floodplain, or streamside protections zone, hydric soils are present. Any additional improvements or requirements for drainage will be determined at time of development. Hydric soils appear to be in the northeast portion of the subject area. Fire: The property is protected by Station 3, located at 1050 S. Happy Hollow, which is approximately 0.5 miles away with an anticipated drive time of approximately 1 minute using existing streets. The anticipated response time would be approximately 3.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score for the subject property, ranging from five along the northern extents to seven near Huntsville Road. The following elements of the matrix contribute to the score: • Appropriate Future Land Use Map (City Neighborhood Area) • Near an Elementary School (Happy Hollow) • Near ORT Bus Stop (Route 20) • Near Trail (Happy Hollow Trail) • Near Water Main (Huntsville Road) • Near Sewer Main (Huntsville Road) • 4 Minute Fire Department Response time (Fire Station #3, Happy Hollow Road) G:\ETC\Development Services Review\2020\Development Services\20-7041 RZN 2340 E. Huntsville Rd. (McClain) 566\03 PC\04-27-2020 Planning Commission April 27, 2020 Agenda Item 3 20-7041 McClain Page 2 of 13 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: Although many of the properties in the area are undeveloped, agricultural, or large lot residential in nature, staff finds the proposed zoning to be generally compatible with the land use patterns and development trends along the wider Huntsville Road corridor. Although this block of land along Huntsville has yet to develop, the proposed zoning district is of a suitable intensity and density that compatibility can be generally assured. Adjoining and nearby properties have densities ranging from 4 units per acre in RSF-4, 24 units per acre in R-O, and unlimited density in CS. Land Use Plan Analysis: Staff finds the proposed rezoning is consistent with many of the goals and tenets of City Plan 2040 and the Future Land Use Map. The CS zoning district permits a wide array of residential and nonresidential uses under broad allowances that can contribute to the establishment of a compact, complete, and connected neighborhood. Additionally, if developed at sufficient density or intensity, the property's use can contribute to the baseline population or activity necessary to support transit. Lastly, the location of the property within a Tier 2 Center, as designated by the City Plan 2040 Growth Concept Map, indicates that greater density and intensity is appropriate and necessary to realize the City's long-term goals for this area. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Although the applicant has not cited a need for the proposed rezoning, staff finds that the conflict between the existing low -density zoning district and the future land use map provides adequate justification for amending the zoning map as requested. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has direct access to Huntsville Road, a Regional Link, High Activity. Despite the proposed CS zoning district allowing densities greater than the existing RSF-4 zoning district, Huntsville Road is a major transportation route and is appropriate for additional traffic. That being said, staff has advised the applicant that development of the property may include limited access given the extended left turn lane for eastbound traffic on Huntsville and the potential for accidents resulting from left -turns out of the subject property. 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. G:\ETC\Development Services Review\2020\Development Services\20-7041 RZN 2340 E. Huntsville Rd. (McClain) 566\03 PC\04-27-2020 Planning Commission April 27, 2020 Agenda Item 3 20-7041 McClain Page 3 of 13 Finding: Rezoning the property to CS may lead to an increased density over the current RSF-4. However, there are adequate water and sanitary sewer services to support development. Additionally, neither the Police or Fire Departments, nor the Fayetteville Public School District expressed concerns with the rezoning. 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 20-7041 to the City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES Date: April 27, 2020 O Tabled M Forwarded O Denied Motion: Hoffman Second: Brown Vote:8-0-0, Brown absent BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 — RSF-4, Residential Single-family, 4 Units per Acre o §161.22 — CS, Commercial Services • Request letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map GAETC\Development Services Review\2020\Development Services\20-7041 RZN 2340 E. Huntsville Rd. (McClain) 566\03 PC\04-27-2020 Planning Commission April 27, 2020 Agenda Item 3 20-7041 McClain Page 4 of 13 161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses . Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family Two (2) family dwellings dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum 70 feet 80 feet width Lot area 8,000 square 12,000 square minimum feet feet Land area per 8,000 square 6,000 square dwelling unit feet feet Hillside Overlay District Lot 60 feet 70 feet minimum width Hillside Overlay 81000 square 12,000 square District Lot feet feet area minimum Land area per 8,000 square 6,000 square dwelling unit feet feet G:\ETC\Development Services Review\2020\Development Services\20-7041 RZN 2340 E. Huntsville Rd. (McClain) 566\03 PC\04-27-2020 Planning Commission April 27, 2020 Agenda Item 3 20-7041 McClain Page 5of13 (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031, Ord. No. 4100, §2 (Ex. A), 6-16-98, Ord. No. 4178, 8-31-99, Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07: Ord. No. 5128. 4-15-08: Ord. No. 5224, 3-3-09, Ord. No. 5312, 4-20-10, Ord. No. 5462, 12-6-11: Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17: Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15- 2019) G:\ETC\Development Services Review\2020\Development Services\20-7041 RZN 2340 E. Huntsville Rd. (McClain) 566\03 PC\04-27-2020 Planning Commission April 27, 2020 Agenda Item 3 20-7041 McClain Page 6 of 13 161.22 - Community Services (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services 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 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit Three (3) and four (4) family dwellings 10 Unit Eating places 13 Unit Neighborhood Shopping goods 15 Unit Gasoline service stations and drive-in/drive 18 through restaurants Unit Home occupations 24 Unit Offices, studios and related services 25 Unit Multi -family dwellings 26 Unit Sidewalk Cafes 40 Unit Accessory dwellings 41 Unit Cluster Housing Development 44 Unit Small scale production 45 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. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation, trades and services G:\ETC\Development Services Review\2020\Development Services\20-7041 RZN 2340 E. Huntsville Rd. (McClain) 566\03 PC\04-27-2020 Panning Commission April 27, 2020 Agenda Item 3 20-7041 McClain Page 7 of 13 Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities' Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling 18 feet All others None (2) Lot Area Minimum. None. (E) Setback regulations. Front: Side and rear: Side or rear, when contiguous to a single- family residential district: A build -to zone that is located between 10 feet and a line 25 feet from the front property line. None 15 feet (F) Building Height Regulations. Building Height Maximum 5 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. 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, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17, Ord. No. 6223 , §1, 9-3-19) G:\ETC\Development Services Review\2020\Development Services\20-7041 RZN 2340 E. Huntsville Rd. (McClain) 566\03 PC\04-27-2020 Planning Commission April 27, 2020 Agenda Item 3 20-7041 McClain Page 8 of 13 McCLELLAN ffl"CLF�CONSULTING ENGINEERS INC. April 20, 2020 Planning Department City of Fayetteville 125 West Mountain Street Fayetteville, AR. 72701 Re: 2340 E. Huntsville Road — Rezoning Request Mr. Curth, RZN 20-7041 Request Letter 1810 N. College Ave. P.O. Box 1229 Fayetteville, AR 72703/72702 479-443-2377/Fax 479-443-9241 In response to the feedback received at the April 13th Planning Commission meeting, my client Mr. David Dallas, would like to amend his previous rezoning request for the property located at 2340 E. Huntsville Road. In lieu of requesting Single Family Residental-18, he would now like to rezone to Community Services. We are hopeful this request may better align with future City planning objectives and provide more opportunity for diversity when the property is developed. We appreciate your and Planning Commission's feedback on this issue. If you should have any questions or require anything additional, please do not hesitate to reach out to me. Sincerely, Chris Bakunas, PLA Project Manager mce.us.com Planning Commission April 27, 2020 Agenda Item 3 20-7041 McClain Page 9 of 13 Agenda Item 3 20-7041 McClain Page 10 of 13 I,S —LEE ST m X X m RSF-7 HELEN ST Legend ., - - Trail (Proposed) Planning Area Feet Fayetteville City Limits 0 112.5 225 450 675 Building Footprint 1 inch = 300 feet 41111111 A& NORTH Zoning Acres RSF-18 2.0 Total 2.0 Planning ission 2020 Agenda Item 3 20-7041 McClain Page 11 of 13 RZN20-7041 MCCLAIN Current Land Use NORTH Single -Family Residential/ Agricultural T t m m .. a .. a �I Single -Family Residential/ Agricultural Subject Property ti HUNTSVIL'L'E RD, _. <,.�.���.,.,,,� '"'..•++ Single -Family Residential Undeveloped i FEMA Flood Hazard Data 100-Year Floocown Feet E Floodway Trail (Proposed) Planning Area 0 55 110 220 330 440 � - - _; ' ' Fayetteville City Limits 1 inch = 150 feet Y Y Planning Co nmission 27, 2020 Agenda Item 3 20-7041 McClain Page 12 of 13 Undeveloped Agenda Item 3 20-7041 McClain Page 13 of 13 City of Fayetteville Staff Review Form 2020-0368 Legistar File ID 5/19/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 5/1/2020 Submitted By Submitted Date Action Recommendation: CITY PLANNING (630) Division / Department RZN 20-7041: Rezone (2340 E. HUNTSVILLE RD./MCCLAIN, 439): Submitted by MCCLELLAND ENGINEERS, INC. for property located at 2340 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.81 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Fund Project Title i$ _ Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF T.. FAYETTEVILLE ARKANSAS MEETING OF MAY 19, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Review Manager DATE: May 1, 2020 CITY COUNCIL MEMO SUBJECT: RZN 20-7041: Rezone (2340 E. HUNTSVILLE RD./MCCLAIN, 439): Submitted by MCCLELLAND ENGINEERS, INC. for property located at 2340 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.81 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: The Planning Commission and City Planning staff recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property includes approximately 1.8 acres on the north side of Huntsville Road/Highway 16 and about 500 feet west of Crossover Road/Highway 265. Development on the property is limited to a single-family house built in 1950. The site is level with an open stormwater channel crossing the southwestern corner of the property and carrying water from a pair of off - site ponds towards Huntsville Road. Request: The request is to rezone the property from RSF-4, Residential Single-family, 4 Units per Acre, to CS, Community Services. The applicant has not shared specific development plans. Land Use Compatibility: Although many of the properties in the area are undeveloped, agricultural, or large lot residential in nature, staff finds the proposed zoning to be generally compatible with the land use patterns and development trends along the wider Huntsville Road corridor. Although this block of land along Huntsville has yet to develop, the proposed zoning district is of a suitable intensity and density that compatibility can be generally assured. Adjoining and nearby properties have densities ranging from 4 units per acre in RSF-4, 24 units per acre in R-O, and density limited by inherent development requirements in CS. Land Use Plan Analysis: Staff finds the proposed rezoning is consistent with many of the goals and tenets of City Plan 2040 and the Future Land Use Map. The CS zoning district permits a wide array of residential and nonresidential uses under broad allowances that can contribute to the establishment of a compact, complete, and connected neighborhood. Additionally, if developed at sufficient density or intensity, the property's use can contribute to the baseline population or Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 activity necessary to support transit. Lastly, the location of the property within a Tier 2 Center, as designated by the City Plan 2040 Growth Concept Map, indicates that greater density and intensity is appropriate and necessary to realize the City's long-term goals for this area. City Plan 2040's Infill Matrix indicates a varying score for the subject property, ranging from five along the northern extents to seven near Huntsville Road. The following elements of the matrix contribute to the score: • Appropriate Future Land Use Map (City Neighborhood Area) • Near an Elementary School (Happy Hollow) • Near ORT Bus Stop (Route 20) • Near Trail (Happy Hollow Trail) • Near Water Main (Huntsville Road) • Near Sewer Main (Huntsville Road) • 4 Minute Fire Department Response time (Fire Station #3, Happy Hollow Road) DISCUSSION: On April 13, 2020, the Planning Commission tabled the item to afford the applicant time to evaluate alternative zoning districts. The applicant's original request was to rezone the property to RSF-18, Residential Single-family, 18 Units per Acre. On April 27, 2020, the Planning Commission forwarded the proposal to the City Council with a recommendation for approval by a vote of 8-0-0. No public comment was made at either meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN20-7041 MCC LAI N 20-7041 Close up view EXHIBIT 'A' w Q a P-1 TUR�� CREEKS RM F-24 RP7. D RSF-a 0 Z J w O w to RSF-8 Y 0) Subject Property p U RI-12 Z J } Proposed 2 RSF-18 S-G w R-O 2 U I NS-1 —LEE ST c_ m X m RSF-7 HELEN ST HUNTSVILLE RD C- i R-A Legend - - Trail (Proposed) Planning Area Feet Fayetteville City Limits 0 112.5 225 450 675 Building Footprint 1 inch = 300 feet M A& NORTH Zoning Acres RSF-18 2.0 Total 2.0 i f+111rZiZ ii EXHIBIT 'B' A part of the Northwest Quarter (NW %) of the Northeast Quarter (NE %) of Section Twenty-three (23), Township Sixteen (16) North, Range Thirty (30) West of the 5th p. M., being more particularly described as follows: Beginning at a point which is 800 feet East and 124 feet South of the Northwest corner of said 40 acre tract; thence running South 420 feet; thence West 210 feet; thence North 420 feet; thence East 210 feet to the point of beginning. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO 11A,.. ARKANSAS TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Review Manager MEETING DATE: April 27, 2020 (Updated with Planning Commission Results) SUBJECT: RZN 20-7041: Rezone (2340 E. HUNTSVILLE RD./MCCLAIN, 439): Submitted by MCCLELLAND ENGINEERS, INC. for property located at 2340 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.81 acres. The request is to rezone the property to CS, Commercial Services. RECOMMENDATION: Staff recommends forwarding RZN 20-7041 to City Council with a recommendation for approval. RECOMMENDED MOTION: "I move to forward RZN 20-7041 to City Council with a recommendation for approval." APRIL 13, 2020 PLANNING COMMISSION MEETING: On April 13, 2020, the Planning Commission tabled the item to afford the applicant time to evaluate alternative zoning districts. The Applicant's original request was to rezone the property to RSF-18, Residential Single-family, 18 Units per Acre. BACKGROUND: The subject property includes approximately 1.8 acres on the north side of Huntsville Road/Highway 16 and about 500 feet west of Crossover Road/Highway 265. Development on the property is limited to a single-family house built in 1950. The site is level with an open stormwater channel crossing the southwestern corner of the property and carrying water from a pair of off - site ponds to Huntsville Road. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped RSF-4, Residential Single -Family, 4 Units per Acre South Large Lot Residential RSF-4, Residential Single -Family, 4 Units per Acre, CS, Community Services East Large Lot Residential RSF-4, Residential Single -Family, 4 Units per Acre West Large Lot Residential RSF-4, Residential Single -Family, 4 Units per Acre, Request: The request is to rezone the property from RSF-4 to CS, Community Services. The applicant has not shared specific development plans. Public Comment: Staff has received no public comment. Planning Commission April 27, 2020 Agenda Item 3 20-7041 McClain Page 1 of 13 INFRASTRUCTURE: Streets: The overall property has frontage to East Huntsville Road. East Huntsville Road is a fully improved Regional Link, High Activity, with asphalt paving, on -street bike lanes, sidewalk, and curb and gutter along the subject area frontage. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject area. An existing 12-inch water main is present along East Huntsville Road. Sewer: Sanitary Sewer is available to the subject area. Existing 8-inch and 18-inch sanitary sewer mains are present along East Huntsville Road. Drainage: While the property is not within the Hilltop -Hillside Overlay District, a FEMA- designated floodplain, or streamside protections zone, hydric soils are present. Any additional improvements or requirements for drainage will be determined at time of development. Hydric soils appear to be in the northeast portion of the subject area. Fire: The property is protected by Station 3, located at 1050 S. Happy Hollow, which is approximately 0.5 miles away with an anticipated drive time of approximately 1 minute using existing streets. The anticipated response time would be approximately 3.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score for the subject property, ranging from five along the northern extents to seven near Huntsville Road. The following elements of the matrix contribute to the score: • Appropriate Future Land Use Map (City Neighborhood Area) • Near an Elementary School (Happy Hollow) • Near ORT Bus Stop (Route 20) • Near Trail (Happy Hollow Trail) • Near Water Main (Huntsville Road) • Near Sewer Main (Huntsville Road) • 4 Minute Fire Department Response time (Fire Station #3, Happy Hollow Road) G:\ETC\Development Services Review\2020\Development Services\20-7041 RZN 2340 E. Huntsville Rd. (McClain) 566\03 PC\04-27-2020 Planning Commission April 27, 2020 Agenda Item 3 20-7041 McClain Page 2 of 13 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: Although many of the properties in the area are undeveloped, agricultural, or large lot residential in nature, staff finds the proposed zoning to be generally compatible with the land use patterns and development trends along the wider Huntsville Road corridor. Although this block of land along Huntsville has yet to develop, the proposed zoning district is of a suitable intensity and density that compatibility can be generally assured. Adjoining and nearby properties have densities ranging from 4 units per acre in RSF-4, 24 units per acre in R-O, and unlimited density in CS. Land Use Plan Analysis: Staff finds the proposed rezoning is consistent with many of the goals and tenets of City Plan 2040 and the Future Land Use Map. The CS zoning district permits a wide array of residential and nonresidential uses under broad allowances that can contribute to the establishment of a compact, complete, and connected neighborhood. Additionally, if developed at sufficient density or intensity, the property's use can contribute to the baseline population or activity necessary to support transit. Lastly, the location of the property within a Tier 2 Center, as designated by the City Plan 2040 Growth Concept Map, indicates that greater density and intensity is appropriate and necessary to realize the City's long-term goals for this area. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Although the applicant has not cited a need for the proposed rezoning, staff finds that the conflict between the existing low -density zoning district and the future land use map provides adequate justification for amending the zoning map as requested. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has direct access to Huntsville Road, a Regional Link, High Activity. Despite the proposed CS zoning district allowing densities greater than the existing RSF-4 zoning district, Huntsville Road is a major transportation route and is appropriate for additional traffic. That being said, staff has advised the applicant that development of the property may include limited access given the extended left turn lane for eastbound traffic on Huntsville and the potential for accidents resulting from left -turns out of the subject property. 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. G:\ETC\Development Services Review\2020\Development Services\20-7041 RZN 2340 E. Huntsville Rd. (McClain) 566\03 PC\04-27-2020 Planning Commission April 27, 2020 Agenda Item 3 20-7041 McClain Page 3 of 13 Finding: Rezoning the property to CS may lead to an increased density over the current RSF-4. However, there are adequate water and sanitary sewer services to support development. Additionally, neither the Police or Fire Departments, nor the Fayetteville Public School District expressed concerns with the rezoning. 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 20-7041 to the City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES Date: April 27, 2020 O Tabled M Forwarded 173 Denied Motion: Hoffman Second: Brown Vote:8-0-0, Brown absent BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 — RSF-4, Residential Single-family, 4 Units per Acre o §161.22 — CS, Commercial Services • Request letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map G:\ETC\Development Services Review\2020\Development Services\20-7041 RZN 2340 E. Huntsville Rd. (McClain) 566\03 PC\04-27-2020 Planning Commission April 27, 2020 Agenda Item 3 20-7041 McClain Page 4 of 13 161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family Two (2) family dwellings dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum 70 feet 80 feet width Lot area 8,000 square 12,000 square minimum feet feet Land area per 8,000 square 6,000 square dwelling unit feet feet Hillside Overlay District Lot 60 feet 70 feet minimum width Hillside Overlay 81000 square 12,000 square District Lot feet feet area minimum Land area per 8,000 square 6,000 square dwelling unit feet feet G:\ETC\Development Services Review\2020\Development Services\20-7041 RZN 2340 E. Huntsville Rd. (McClain) 566\03 PC\04-27-2020 Planning Commission April 27, 2020 Agenda Item 3 20-7041 McClain Page 5 of 13 (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031, Ord. No. 4100, §2 (Ex. A), 6-16-98, Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06, Ord. No. 5028, 6-19-07, Ord. No. 5128, 4-15-08: Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10, Ord. No. 5462, 12-6-11: Ord. No. 5921 , §1, 11-1-16: Ord. No. 5945 , §8, 1-17-17, Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245 , §2; 10-15- 2019) G:\ETC\Development Services Review\2020\Development Services\20-7041 RZN 2340 E. Huntsville Rd. (McClain) 566\03 PC\04-27-2020 Planning Commission April 27, 2020 Agenda Item 3 20-7041 McClain Page 6 of 13 161.22 - Community Services (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (6) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit Three (3) and four (4) family dwellings 10 Unit Eating places 13 Unit Neighborhood Shopping goods 15 Unit Gasoline service stations and drive-in/drive 18 through restaurants Unit Home occupations 24 Unit Offices, studios and related services 25 Unit Multi -family dwellings 26 Unit Sidewalk Cafes 40 Unit Accessory dwellings 41 Unit Cluster Housing Development 44 Unit Small scale production 45 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. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation, trades and services G:\ETC\Development Services Review\2020\Development Services\20-7041 RZN 2340 E. Huntsville Rd. (McClain) 566\03 PC\04-27-2020 Planning Commission April 27, 2020 Agenda Item 3 20-7041 McClain Page 7 of 13 Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities' Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling 18 feet All others None (2) Lot Area Minimum. None. (E) Setback regulations. Front: Side and rear: Side or rear, when contiguous to a single- family residential district: A build -to zone that is located between 10 feet and a line 25 feet from the front property line. None 15 feet (F) Building Height Regulations. Building Height Maximum 5 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. 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, 7-9, 1-17-17: Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19) G:\ETC\Development Services Review\2020\Development Services\20-7041 RZN 2340 E. Huntsville Rd. (McClain) 566\03 PC\04-27-2020 Planning Commission April 27, 2020 Agenda Item 3 20-7041 McClain Page 8 of 13 McCLELLAN fflirfw�� CONSULTING ENGINEERS, INC. April 20, 2020 Planning Department City of Fayetteville 125 West Mountain Street Fayetteville, AR. 72701 Re: 2340 E. Huntsville Road — Rezoning Request Mr. Curth, RZN 20-7041 Request Letter 1810 N. College Ave. P.O. Box 1229 Fayetteville, AR 72703/72702 479-443-2377/Fax 479-443-9241 In response to the feedback received at the April 13" Planning Commission meeting, my client Mr. David Dallas, would like to amend his previous rezoning request for the property located at 2340 E. Huntsville Road. In lieu of requesting Single Family Residental-18, he would now like to rezone to Community Services. We are hopeful this request may better align with future City planning objectives and provide more opportunity for diversity when the property is developed. We appreciate your and Planning Commission's feedback on this issue. If you should have any questions or require anything additional, please do not hesitate to reach out to me. Sincerely, Chris Bakunas, PLA Project Manager mce.us.com Planning Commission April 27, 2020 Agenda Item 3 20-7041 McClain Page 9 of 13 Agenda Item 3 20-7041 McClain Page 10 of 13 Agenda Item 3 20-7041 McClain Page 11 of 13 RZN20-7041 MCCLAIN _ Current Land Use NORTH i _ f i Single -Family Residential/ Agricultural = Single -Family Residential/ Agricultural 41 Property '� I �� al,l Undevelopeu CT I N T .�; `1 I L L k: _ .. I Single -Family m Undeveloped Residential t, - s m''�"� ,al—, Trail (Proposed) Planning Area Fayetteville City Limits Feet 0 55 110 220 330 1 inch = 150 feet 440 FEMA Flood Hazard Data 100-Year Floodplain Floodway Planning Co mission 27, 2020 Agenda Item 3 20-7041 McClain Page 12 of 13 RZN20-7041 Future Land Use MCCLAIN 4TH ST LU V ; O O to 2; 0 9- Subject Property sE w Q _J f� w U HUNTSVILLE RD m LEE ST ;u 70 m HELEN ST Legend Planning Area t Fayetteville City Limits Trail (Proposed) Building Footprint Feet 0 145 290 580 870 1 inch = 400 feet 1.160 NORTH (URTLE K G�EEK DRi rz Future Land Use Natural Area Residential Neighborhood Area City Neighborhood Area Civic and Private Open Space/Parks Civic Institutional Planning Co mission 27, 2020 Agenda Item 3 20-7041 McClain Page 13 of 13 �N 15 2024 �S OFF C Demon Caete F.G. 3(:Y ;607, ;.' E, , 2. 47c '•17t� F w '9.69� Il?S • WJ' ' .`WADL C011 AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of. Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide ` circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6316 Was inserted in the Regular Edition on: May 31, 2020 Publication Charges: $79.04 S� Brittany Smith Subscribed and sworn to before me This Z day o G?"__ 2020. — a& �� "�w Notary Public My Commission Expires: aI ZS h&5 **NOTE** Please do not pay from Affidavit. Invoice will be sent. (IUlf O�ATHERINE STAGGS s} uoran� MY COMMISSION 284 2025 I 2772 EXH ES: February - 1 Washingion Cam_._ Ordinance: 6316 File Number: 2020-0368 RZN 20-7041 (2340 E. HUNTSVILLE RD./MCCLAIN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7041 FOR APPROXIMATELY 1.81 ACRES LOCATED AT 2340 EAST HUNTSVILLE ROAD FROM RSFA, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO 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 Agenda Memo from RSF- 4, Residential Single Family, 4 Units Per Acre to CS, Community Services. 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 I. PASSED and APPROVED on 5/19/2020 Approved: Lioneld Jordan, Mayor Kara Paxton, City Clerk Treasurer 75276429 May 31, 2020