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Home My WebLink AboutOrdinance 5728 (2)1111111111111� 111 I11�11ti11111�14 lll�l 1111� I1111l1t11 ll�ll lllll �1111 ltlll �111 llll Doc ID: 0180A163a003 Type: REL Klnd: ORDINANCE Recorded: 01Ifl5/2015 at 02:48:12 PM Fee Amt: $25.00 Pale 1 of 3 uashlnAton County, AR Kyle 5vlvester Circuit Clerk File2015—pO646266 ORDINANCE NO. 5728 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4875, FOR APPROXIMATELY 20.54 ACRES, LOCATED AT THE WEST END OF TRUCKERS DRIVE FROM R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT, PARK WEST 05-1796, TO RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE. 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 following described property from R-PZD, Residential Planned Zoning District, Park West 05-1796, to RMF-12, Residential Multi Family, 12 units per acre, as shown on Exhibits "A" and "B" 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 this 16t" day of December, 2014. APPROVED: ATTEST: f By: ------,,By: I. EL 3 DAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ��iliitftrrrr�� +��,`�.■' CITY o ••9�''�. .... F A YE �evit r r-: z1= ��j� �� 1 lN1i ]►��\ EXHIBIT "A" RZN 14-4875 EXHIBITS' 14-4875 REZONING LEGAL DESCRIPTION: A PART OF THE SOUTHEAST QUARTER (SE %) OF THE SOUTHWEST QUARTER (SW'/4), IN SECTION TWENTY-EIGHT (28), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NE %) OF THE SOUTHWEST QUARTER (SW %) OF SAID SECTION 28 BEING A FOUND MAGNAIL IN ASPHALT ROADWAY; THENCE S02°34'52"W A DISTANCE OF 1954.44 FEET TO THE POINT OF BEGINNING; THENCE S87°26'22"E A DISTANCE OF 1315.59 FEET TO A POINT; THENCE S02032'22"W A DISTANCE OF 680.63 FEET TO A POINT; THENCE N87°21'49"W A DISTANCE OF 1316.08 FEET TO A POINT; THENCE NO2°34'52"E A DISTANCE OF 678.89 FEET TO THE POINT OF BEGINNING. SAID TRACT OR PARCEL OF LAND CONTAINING 20.54 ACRES (894,590 SQUARE FEET), MORE OR LESS. Washington County, AR l certify this instrument was filed on 0110512015 02:48:12 PM and recorded in Real Estate File Number 2015- 0268 Kyle Sylvester - rcui I by City of Fayetteville, Arkansas 113 West Mountain Street -; Fayetteville, AR 72701 J •+ i 479-575-8323 TDD - lj� 479-521-1316 Text File File Number: 2014-0554 Agenda Date: 12/16/2014 Version: 1 Status: Passed In Control: City Council File Type: Ordinance Agenda Number: C1. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4875, FOR APPROXIMATELY 20.54 ACRES, LOCATED AT THE WEST END OF TRUCKERS DRIVE FROM R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT, PARK WEST 05-1796, TO RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE 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 following described property from R-PZD, Residential Planned Zoning District, Park West 05-1796, to RMF-12, Residential Multi Family, 12 units per acre, as shown on Exhibits "A" and "B" 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 1211812014 City of Fayetteville Staff Review Form 2014-0554 Legistar File ID 12/16/2014 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate( 11/24/2014 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: RZN 14-4875: Rezone (WEST END OF TRUCKERS DR./LEGACY BANK, 208/209): Submitted by ENGINEERING SERVICES, INC. for property located at WEST END OF TRUCKERS DR. The property is zoned RPZD-RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 20.54 acres. The request is to rezone the property to RMF- 12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance [ $ - Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ - V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF Fa y VlI'l e ARKANSAS MEETING OF DECEMBER 16, 2014 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, Planning Director FROM: Quin Thompson, Current Planner DATE: November 24, 2014 SUBJECT: RZN 14-4875: Rezone (WEST END OF TRUCKERS DR./LEGACY BANK, 208/209): Submitted by ENGINEERING SERVICES, INC. for property located at WEST END OF TRUCKERS DR. The property is zoned RPZD-RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 20.54 acres. The request is to rezone the property to RMF- 12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE. RECOMMENDATION: The Planning Commission and City Planning Staff recommend approval of an ordinance to rezone the property to RMF-12, Residential Multi -family, 12 units per acre. BACKGROUND: The subject property is zoned R-PZD, Residential Planned Zoning District /Park West (05-1796) and contains 20.54 acres west of Arkansas HWY 112 at the north end of Truckers Drive. On January 17, 2006 the City Council rezoned the Park West property from R-A Residential Agricultural to R-PZD, Residential Planned Zoning District/Park West. The Park West project was a master plan development for 856,000 square feet of commercial space and 1,712 dwelling units. The R-PZD zoning expired in 2011 and the property is effectively without a zoning designation at this time. Surrounding Land Use Compatibility: In staff's opinion, this property is compatible with surrounding uses to the north and south. The property to the north has recently been rezoned and a large church facility has received approval (LSIP 14-4821). The property to the south contains an institutional memory care facility. RMF-12 allows residential uses and densities that will be compatible with these existing and planned facilities. Land Use Plan Analysis: City Plan 2030 Future Land Use Plan designates this site as City Neighborhood Area. This designation supports the widest spectrum of uses and encourages density in all housing types. Development patterns allowed under the proposed RMF-12 zoning district are generally compatible with this designation. Property to the west is currently undeveloped and the Future Land Use Map designates this area as Residential Neighborhood Area, which may be developed with housing ranging from single-family to multi -family developments in the future. Property to the east is undeveloped and designated as City Neighborhood Area, and likely to be developed with Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gav Fayetteville, AR 72701 a higher intensity commercial use based upon its location along Arkansas Highway 112. Property to the north has recently been re -zoned to CS, Community Services, and is in the process of being developed with a large church facility. In staff's opinion, the proposed RMF-12 zoning is well suited to act as an appropriate transitional buffer between higher intensity future developments to the east and lower density residential developments to the west, and is an appropriate zoning between the existing CS to the north and C-PZD to the south. DISCUSSION: On November 24, 2014 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 9-0-0. Discussion at the Planning Commission included concerns with a single point of access to this site from Truckers Drive, and potential for a second fire access road that may be required at the time of development. BUDGET/STAFF IMPACT: N/A Attachments: CC Ordinance Exhibit A Exhibit B Planning Commission Staff Report CITY OF Tay p IVI e�+ ARKANSAS TO: THRU: FROM: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Quin Thompson, Current Planner MEETING DATE: November 24, 2014 SUBJECT: RZN 14-4875: Rezone (WEST END OF TRUCKERS DR./LEGACY BANK, 208/209): Submitted by ENGINEERING SERVICES, INC. for property located at WEST END OF TRUCKERS DR. The property is zoned RPZD-RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 20.54 acres. The request is to rezone the property to RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE. RECOMMENDATION: Staff recommends approval of RZN 14-4875. BACKGROUND: The subject property is zoned R-PZD, Residential Planned Zoning District /Park West (05-1796) and contains 20.54 acres west of Arkansas HWY 112 at the north end of Truckers Drive. On January 17, 2006 the City Council rezoned the Park West property from R-A Residential Agricultural to R-PZD, Residential Planned Zoning District/Park West. The Park West project was a master plan development for 856,000 square feet of commercial spaces and 1,712 dwelling units. The R-PZD zoning expired in 2011 and the property is effectively without a zoning designation at this time. Surrounding land use and zoning is depicted on Table 1. Table 1 Surroundin Land Use and Zoning Direction from Site Land Use Zoning North Undeveloped RPZD, Residential Planned Zoning District South Institutional/Clarity Pointe Memoryare CPZD, Commercial Planned Zoning District East Undeveloped/Agricultural RPZD, Residential Planned ZoningDistrict West Undevelo ed/A ricultural R-A, Residential Agricultural Request: The request is to rezone the property from RPZD, Residential Planned Zoning District to RMF-12, Residential Multi -Family /12 units per acre. The applicant plans to develop the property with a retirement community. Public Comment: Staff has not received any public comment. Mailing Address: Planning Commission 113 W. Mountain Street www.fayettc*NW1"g$. 2014 Fayetteville, AR 72701 Agenda Item 7 14-4875 Legacy Bank Page 1 of 16 INFRASTRUCTURE: Streets: The subject parcel has access to Truckers Drive. Truckers Drive is a newly constructed collector street. This road would have to be extended into the property for the frontage of any proposed development. Any required improvements for this street will be determined at time of development. Public water is accessible to the subject parcel. An 8" public water main exists in Truckers Drive and stubs out at the south property line of the subject parcel. Sanitary sewer is available to the site. A 48" trunk line exists parallel to the southern property line of the subject parcel in a public easement. Additionally, a 12" sewer main runs along the western edge of this parcel. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. This property is not affected by the 100-year floodplain. This parcel contains a protected stream per the Streamside Protection map. Fire: This development will be protected by Engine 2 located at 708 N Garland. It is 2 miles from the station with an anticipated response time of 4 minutes to the beginning of the development. The Fire Department anticipates 45 calls for service each year after the development is completed and maximum build -out has occurred. Typically, this type of development usually takes 12 — 18 months, after the development is started, before maximum build -out and the service impact to occur. The Fayetteville Fire Department feels this development could affect our calls for service or our response times. Police: The Police Department did not express any concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as City Neighborhood Area. City ^, ! ,- 1-7!,orhood Areas are more densely developed than residential neighborhood areas and p1 uvide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single-family to multi -family. City Neighborhood Areas encourage complete, compact, and connected neighborhoods and are intended to serve the residents of Fayetteville, rather than a regional population. While they encourage dense development patterns, they do recognize existing conventional strip commercial developments and their potential for future redevelopment in a more efficient urban layout. DISCUSSION: FINDINGS OF THE STAFF RECOMMENDATION: Staff recommends approval of RZN 14-4875 based on the findings discussed herein, that the rezoning is compatible with existing and anticipated uses in the surrounding area and is consistent with the Future Land Use Plan. Planning Commission G A.-TC\Development Services Review\2014\Development Review\14-4875 RZN West end of Truckers Dr. (Legacy Bank)\03 November 24, 2014 Planning Commission\11-24-2014\Comments and Redlines Agenda Item 7 14-4875 Legacy Bank Page 2 of 16 PLANNING COMMISSION ACTION: Required YES Date: November 24, 2014 O Tabled O Forwarded O Denied Motion: Second: Vote: CITY COUNCIL ACTION: Required YES ,Dale: December 16, 2014 O Approved n Denied 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: Surrounding Land Use Compatibility: In staff's opinion, this property is compatible with surrounding uses to the north and south. The property to the north has recently been rezoned and a large church facility has received approval (LSIP 14-4821). The property to the south contains an institutional memory care facility. RMF-12 allows residential uses and densities that will be compatible with these existing and planned facilities. Land Use Plan Analysis: City Plan 2030 Future Land Use Plan designates this site as City Neighborhood Area. This designation supports the widest spectrum of uses and encourages density in all housing types. Development patterns allowed under the proposed RMF-12 zoning district are generally compatible with this designation. Property to the west is currently undeveloped and the Future Land Use Map designates this area as Residential Neighborhood Area, which may be developed with housing ranging from single-family to multi -family developments in the future. Property to the east is undeveloped and designated as City Neighborhood Area, and likely to be developed with a higher intensity commercial use based upon its location along Arkansas Highway 112. Property to the north has recently been re -zoned to CS, Community Services, and is in the process of being developed with a large church facility. In staffs opinion, the proposed RMF-12 zoning is well suited to act as an appropriate transitional buffer between higher intensity future developments to the east and lower density residential developments to the west, and is an appropriate zoning between the existing CS to the north and C-PZD to the south. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Planning Commission G:\ETC\Development Services Review\2014\Development Review\14-4875 RZN West end of Truckers Dr. (Legacy Bank)\03 November 24, 2014 Planning Commission\11-24-2014\Comments and Redlines Agenda Item 7 14-4875 Legacy Bank Page 3 of 16 Finding: In staff's opinion, the requested RMF-12 zoning district is justified as this time, as the property is currently within an expired Planned Zoning Development (PZD) and effectively has neither zoning nor development rights attached to it. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property RMF-12 will not likely increase traffic danger or congestion. The site has access to Trucker's Drive, a new "Collector" street with access to Highway 112 and Interstate 49. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from PZD to RMF-12 will increase the potential population density, but is unlikely to undesirably increase the load on public services. The Police Department expressed no objections to the proposal. The Fire Department has said that the zoning may negatively affect service times to area. 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 BUDGET/STAFF IMPACT: None Attachments: ■ Unified Development Code section 161.12 ■ Park West R-PZD Master Plan ■ Fayetteville Fire Department comments ■ Request Letter ■ City Plan 2030 — Future Land Use Plan map ■ Current Land Use Map ■ Close Up Map ■ One Mile Map Planning Commission G:\ETC\Development Services Review\2014\Development Review\14-4875 RZN West end of Truckers Dr. (Legacy Bank)\03 November 24, 2014 Planning Commission\11-24-2014\Comments and Redlines Agenda Item 7 14-4875 Legacy Bank Page 4 of 16 161.12 District RMF-12, Residential Multi -Family — Twelve Units Per Acre (A) Purpose. The RMF-12 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a moderate density that is appropriate to the area. (B) Uses. (1) Permitted uses. Unit 1 Cit -wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellin s Unit 26 Multi -family dwellings Unit 44 Cottage Housing Development (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12 Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. I!_ Units per acre 12 or less � I (D) Bulk and area regulations (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home park 50 ft. Single family 60 ft. Two-family 60 ft. Three and more 90 ft. Professional offices 100 ft. Planning Commission G:\ETC\Development Services Review\2014\Development Review\14-4875 RZN West end of Truckers Dr. (Legacy Bank)\03 November 24, 2014 Planning Commission\11-24-2014\Comments and Redlines Agenda Item 7 14-4875 Legacy Bank Page 5 of 16 (2) Lot area minimum. Manufactured home 3 acres park Lot within a 4,200 sq. ft. manufactured home �ITownhouse: I Development 10,000 sq. ft. 'ividual lot 2,500 sq. ft. o, le-famil y 6,000 sq. ft. Two-family 7,000 sq. ft. Three or more 9,000 sq. ft. Fraternity or Sorority 2 acres Professional offices 1 acre (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Apartments: No bedrooms 1,700 sq. ft. One bedroom 1,700 sq. ft. Two or more 2,000 sq. ft. bedrooms Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear A build -to 8 ft. 25 ft. zone that is located between the front property line and a line 25 feet from the front property line. Cross reference(s)--Variances, Ch. 156 (F) Building height regulations. Building Height 30/45 ft.* Maximum 11 Planning Commission G \ETC\Development Services Review\2014\Development Review\14-4875 RZN West end of Truckers Dr. (Legacy Bank)M November 24, 2014 Planning Commission\11-24-2014\Comments and Redlines Agenda Item 7 14-4875 Legacy Bank Page 6 of 16 *A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of 30 feet. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of 45 feet. Any building which exceeds the height of 20 feet shall be set back from any side boundary line of an adjacent single family district, an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area. None. (H) Minimum buildable street frontage. 50% of the lot width. (Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07; Ord. 5224, 3-3-09; Ord. 5262, 8-4-09; Ord. 5312, 4- 20-10; Ord. 5462, 12-6-11; Ord. 5592, 6-18-13; Ord. 5664, 2-18-14) Planning Commission G:\ETC\Development Services Review\2014\Development Review\14-4875 RZN West end of Truckers Dr. (Legacy Bank)\03 November 24, 2014 Planning Commission\11-24-2014\Comments and Redlines Agenda Item 7 14-4875 Legacy Bank Page 7 of 16 Z � 6 AeML15I H I M11111111118- Una. LO 00 '71- N 0 CL 0 2 l- Planning Commission November 24, 2014 Agenda Item 7 14-4875 Legacy Bank Page 8 of 16 The City of Fayetteville Fire Department 303 W. Center St. Fayetteville, AR. 72701 Phone (479) 575-8365 Fax (479) 575-0471 To: Engineering Services, Quin Thompson From: Will Beeks Assistant Fire Marshal Date: October 27, 2014 Re: 14-4875 This development will be protected by Engine 2 located at 708 N Garland. It is 2 miles from the station with an anticipated response time of 4 minutes to the beginning of the development. The Fire Department anticipates 45 calls for service each year after the development is completed and maximum build -out has occurred. Typically, this type of development usually takes 12 -18 months, after the development is started, before maximum build -out and the service impact to occur. The Fayetteville Fire Department feels this development could affect our calls for service or our response times. If you have any questions please feel free to contact me. Captain Will Beeks Assistant Fire Marshal Fayetteville Fire Department Honor, Commitment, Courage; Our people make the difference! Planning Commission November 24, 2014 Agenda Item 7 14-4875 Legacy Bank Page 9 of 16 ENGINEERING SERVICES INC.. 1207 S. Old Missouri Rd. • P.O. Box 282 • Springdale, Arkansas 72765-0282 October 14, 2014 Development Services Department City of Fayetteville, Arkansas 125 West Mountain Fayetteville, AR 72701 RE: Rezoning Petition - RPZD to RMF-12 Parcel Number 765-15830-000 Dear Mr. Sir or Ma'am, Ph:479-751-8733 9 Fax:479-751-8746 This letter is intended to serve as a narrative to accompany the rezoning petition for a parcel located in the City of Fayetteville. The property is currently zoned RPZD (Residential Planned Zoning District), and the request is to change the zoning of the property to RMF-12 to allow a retirement community to be built on the subject property. Enclosed, please find the following required materials: - Completed, Signed Application for Rezoning - Check to City of Fayetteville for $330 ($325.00 Application Fee + $5.00 Sign Fee) - Legal Description of the Property to be Rezoned - Exhibit Showing County Parcel Map and Adjacent Property Owner information - CD with Legal Description, application, exhibit and adjacent property owner information of Property to be Rezoned. The following paragraphs address the items required by the rezoning application instructions: A) The property is currently owned by Legacy National Bank. The mailing address for the property owner is P.O. Box 6490, Springdale, AR 72766. The property is under contract to be sold pending rezoning. B) The property was rezoned to RPZD in 2007 by a former owner during an attempt to develop the property. The RPZD zoning had a time restriction which has since lapsed, and the approved development plan and RPZD zoning have expired. Any proposed development of the property would therefore require rezoning of the property prior to development. C) The proposed rezoning will be consistent with the uses of neighboring properties. The property being rezoned is a portion of an approximately 80 acre tract of land, as shown in the enclosed exhibit. The 80 acre parent tract is vacant pasture land. If the portion of the parent tract not currently being rezoned is developed in the future, it would most likely be developed for commercial use. The adjacent properties across Highway 112 to the east are zoned C-2 (Thoroughfare Commercial), and include the 112 Drive -In movie theater and a car dealership. These properties are commercial uses. M i ENGINEERING SERVICES INC. Jerry W. Martin, P.E. res Philip C. Humbard, PE.,E., P.L.S. Brian J. Moore, P.E. I Tim J. Mays, P.E. IChairman of the Board 11—ident Vice Pident Secretary TreaSOrCr Consulting Engineers and Surveyors www.engineeringservices.com Planning Commission November 24, 2014 Agenda Item 7 14-4875 Legacy Bank Page 10 of 16 Fayetteville Development Services Department October 14, 2014 Page 2 The properties south of the tract to be rezoned are within a commercial subdivision along Truckers Drive, and are within a CPZD (Commercial Planned Zoning District). These include vacant commercial lots and a recently completed commercial Large Scale Development. Properties to the west are within the R-A (Residential -Agricultural) zoning district. The property to the north is zoned CS (Community Services), and will be the site of a church which is currently under development. The majority of properties along Highway 112 near the west end of the parent tract are commercial uses. The property north of the parent tract will be a church, and the property south of the tract to be rezoned is within a commercial PZD. The remainder of the parent tract is vacant, but if it is developed in the future, it would most likely be developed for commercial use. Given the commercial nature of these adjacent properties, no conflict with adjacent properties regarding land use is anticipated. The property will be accessed by extending Truckers Drive, which connects to Arkansas State Highway 112, a major north -south transportation route. The proposed rezoning is not anticipated to adversely impact traffic conditions. The proposed rezoning will not change the appearance of the subject property or adjacent property, and will also not alter signage on the subject property or adjacent properties, although signage in line with City of Fayetteville ordinances may be included as part of a later site plan for development of the property. D) There are existing water and sewer lines in the area which can serve the property. A 10" gravity sewer main running north to south crosses the west end of the property, and a 48" gravity sewer main is located along the south line of the property. There is an 8" water line along the east side of Truckers Lane with a fire hydrant located near the end of Truckers Lane which can be extended to serve the property being rezoned. E) The Future Land Use 2030 information on the City of Fayetteville's GIS site which indicates the property is intended to be used for a "City Neighborhood Area", which is intended to provide a mix of residential and low -intensity uses. The intended use for the property following development is as a retirement community, with mixed housing types for seniors, including single family residential units, duplexes, and multi -unit residential structures. The proposed use of the property is consistent with the intent of the City Neighborhood Area designation. F) Any proposed development of the property will require the rezoning of the property. The rezoning is justified now in order to facilitate future development or sale of this property. G) The parent tract property is located along State Highway 112, a major north -south route through northwest Arkansas providing an alternative to Highway 71B and Interstate 49. There are several commercial uses already located along this section of the Hwy. 112, and the proposed rezoning is not anticipated to appreciably increase traffic danger or congestion on Highway 112. The property is access via Truckers Drive, which is a commercial subdivision with several existing Jerry W. Martin, P.E. I Philip C. Humbard, P.E., P.L.S. Brian J. Moore, P.E. Tim J. Mays, P.E. Chairman of the Board Ir President Vice President Secrerary , Treasurer ENGINEERING SERVICES INC. Consulting Engineers and Surveyors www.engineeringservices.com Planning Commission November 24, 2014 Agenda Item 7 14-4875 Legacy Bank Page 11 of 16 Fayetteville Development Services Department October 14, 2014 Page 3 commercial developments within it. The proposed rezoning is not anticipated to adversely impact traffic danger or congestion on Truckers Drive. H) The proposed rezoning is not anticipated to undesirable increase the load on public services such as schools, water, or sewer. Information regarding the availability of water and sewer infrastructure in the area is included above. The rezoning will not result in high -density residential development which would potentially affect schools because the primary occupants of the development will be retirees. I) The property is currently zoned RPZD, but the time limit on development under the approved zoning/development plan has expired. Therefore, any potential development of the property would require the property to be rezoned. Please do not hesitate to contact me if you have any questions regarding this application or need anything further. Thank you, f— �&�_ Brian Dore, P.E. Vice President Enclosures Jerry W. Martin, P.E. J Philip C. Humbard, RE.,P.L.S. Brian J. Moore, P.E. I Tim J. Mays, P.E. Chairman of the Board I President Vice President Secretary !Treasurer ENGINEERING SERVICFS INC. Consulting Engineers and Surveyors www.engineeringservices.comANk Planning Commission November 24, 2014 Agenda Item 7 14-4875 Legacy Bank Page 12 of 16 14-4875 Legacy Bank Page 13 of 16 RZN14-4875 Current Land Use ? t ' SINGLE FAMILY 1 i % r LEGACY BANK SINGLE FAMILY ' SUBJECT PROPERTY I f A03 ASSISTED LIVING , tl_)t SINGLE FAMILY ,�• ,J T`'�I: .ter Its, J Multi -Use Trail (Existing) , MENTAL HEALTH FACILITY--' . ,- � � •. .� RETAIL �� .: Future Trails + 4, ; ZN14-4875 L - - - Fayetteville City Li nits Footprints 2010 Hillside -Hilltop Overlay District Design Overlay Di strict 0 175 350 700 1,050 1,400 Planning Area FE Planning Commi sion November 24, 2 14 14-4875 Legacy Bank Page 14 of 16 14-4875 Legacy Bank Page 15 of 16 Overview I Legend R� Subject Property Boundary -'r r _q 0 0.25 0.5 les Planning Co mission November 2 . 2014 Agenda Item 7 14-4875 Legacy Bank Page 16 of 16 Exhibit A was Revised 12/10/14 RZN 14-4875 Close Up View SALEM RD LEGACY BANK 11 L&gend Multi-umfTrail (Existing) Future Trails RZN 14-4875 vervIe,v,Fayetteville City Limits - Footprints 2010 Hillside -Hilltop Ov rlay District Design Overlay Di trict Design Overlay Di trict Planning Area 0 175 350 700 1,050 1,400 Fee Exhibit A was Revised 12/10/14 REZONING LEGAL DESCRIPTION: A PART OF THE SOUTHEAST QUARTER (SE %) OF THE SOUTHWEST QUARTER (SW %), IN SECTION TWENTY-EIGHT (28), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NE %) OF THE SOUTHWEST QUARTER (SW %) OF SAID SECTION 28 BEING A FOUND MAGNAIL IN ASPHALT ROADWAY; THENCE S02°34'52"W A DISTANCE OF 1654.44 FEET TO THE POINT OF BEGINNING; THENCE S87°26'22"E A DISTANCE OF 1315.59 FEET TO A POINT; THENCE S02°32'22"W A DISTANCE OF 680.63 FEET TO A POINT; THENCE N87°21'49"W A DISTANCE OF 1316.08 FEET TO A POINT; THENCE NO2°34'52"E A DISTANCE OF 678.89 FEET TO THE POINT OF BEGINNING. SAID TRACT OR PARCEL OF LAND CONTAINING 20.54 ACRES (894,590 SQUARE FEET), MORE OR LESS. Revised Exhibit A 12/10/14 EXHIBIT "A" RZN 14-4875 Revised Exhibit B 12/10/14 EXHIBITS' 14-4875 REZONING LEGAL DESCRIPTION: A PART OF THE SOUTHEAST QUARTER (SE'/4) OF THE SOUTHWEST QUARTER (SW'/4), IN SECTION TWENTY-EIGHT (28), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NE %,) OF THE SOUTHWEST QUARTER (SW'/4) OF SAID SECTION 28 BEING A FOUND MAGNAIL IN ASPHALT ROADWAY; THENCE S02°34'52"W A DISTANCE OF 1954.44 FEET TO THE POINT OF BEGINNING; THENCE S87°26'22"E A DISTANCE OF 1315.59 FEET TO A POINT; THENCE S02032'22"W A DISTANCE OF 680.63 FEET TO A POINT; THENCE N87°21'49"W A DISTANCE OF 1316.08 FEET TO A POINT; THENCE NO2°34'52"E A DISTANCE OF 678.89 FEET TO THE POINT OF BEGINNING. SAID TRACT OR PARCEL OF LAND CONTAINING 20.54 ACRES (894,590 SQUARE FEET), MORE OR LESS. NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTAR�SAS THE MORNING NEWS OF SPRINGDALE S-PM--EIRSLLC THE MORNING NEWS OF ROGERS NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479.442.1700 ( WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville - Ordinance 5728 Was inserted in the Regular Editions on: December 24, 2014 Publication Charges: $ 117.00 &4�t' W2 Cathy Wiles Subscribed and sworn to before me This day of vR0"I, 201 rS— Notary Public My Commission Expires: 1`0 2 ©a3 \\\ BE�PkABdde� � `s : �OTAR), PUBOCI •' FXPIR�`' '�.� • Q' **NOTE**�' � ••�?'31'2�2•• /�''� l0N COUN�A Please do not pi,�ifp ,}�y%A1\1iavit. Invoice will be sent. NCEIVED JAI 2915 CiITYCCLERKSU�CE