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HomeMy WebLinkAboutOrdinance 6457I IIIIIII (IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID 020066170006 Type. REL Kind ORDINANCE Recorded- 08/17/2021 at 03 26.12 PM Fee Amt $40.00 Pape 1 of 6 Washington County, AR Kyle SVlvester Circuit Clerk File2021-00031671 File Number- 2021-0424 113 West Mountain Street Fayetteville AR 72701 (479) 575-8323 Ordinance: 6457 ARCHIVED APPEAL RZN 2020-028 (EAST OF W. MICHAEL COLE DR & W. WEDINGTON DR/KIDDER)- AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-028 FOR APPROXIMATELY 5.1 ACRES LOCATED ON WEST WEDINGTON DRIVE EAST OF MICHAEL COLE DRIVE FROM R-A, RESIDENTIAL AGRICULTURAL TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN AND NS-L, NEIGHBORHOOD SERVICES -LIMITED 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 RI-U, Residential Intermediate -Urban and NS-L, Neighborhood Services -Limited subject to a Bill of Assurance 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 7/20/2021 Page 1 Printed on 7/21/21 Ordinance 6457 File Number 2021-0424 Approve Attest: ```IjIlIfirrriif� �� \-ERK! ��.• GITY'• e". •.9J,: AYE :�= Lioneld JoCan,>M'y'or Kara Paxton, City Clerk Treasurer . • EV 44 ' M` ,oN ;'�1w.�. Page 2 Printed an 7121121 RECEIVED SEP 16 2021 CITY OF FAYETTEVI`` E CITY CLERK'S OFFICE BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, AR In order to attempt to obtain approval of a request for a zoning reclassification (RZN 20-000028 at Michael Cole and Wedington Drive), the owners, developers or buyers of this property, (hereinafter called "Petitioners") Aria Holdings, LLC, hereby voluntarily offers this Bill of Assurance and enters in 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 the Petitioners or Petitioners' 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 Petitioners acknowledge 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 Petitioners' rezoning request. Petitioners hereby voluntarily offer assurances that Petitioners and Petitioners' property shall be restricted as follows IF Petitioners' rezoning is approved by the Fayetteville City Council. 1. The area proposed to be rezoned to Neighborhood Services — Limited (NS-L), shall have commercial and not be developed as solely residential. 2. The area proposed to be rezoned to Residential Intermediate — Urban (RI-U),shall be developed as townhomes similar to the photos and plat previously submitted by Petitioners and made part of the Council's packet and record. 3. Petitioners specifically agree that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. The Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioners' rezoning is effective and shall be noted on any Final Plat or Large Scale Development, which includes some or all of Petitioners' property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, David Fender and Johnny Smith, as the owners, developers or buyers (Petitioners) voluntarily offer all such W ur names below. David Fender, Member Aria oldings, LLC J ny Smith Member A . Holding , LLC 8-20 Z I Date 4944410 1:008942 00001 NOTARY OATH STATE OFARKANSAS COUNTY OF WASHINGTON And now on this the day o 2021, appeared before me David Fender and Johnny Smith, and after being placed upon their o h swore or affirmed that they agreed with the terms of the above Bill of Assurance and signed their names above. My Commission Expires: (seal) 4944410.1:008942.00001 ry Nblic KAYLA A RODRIGUEZ NOTARY PUBLIC - ARKANSAS 11 BENTON COUNTY MY COMMISSION EXPIRES 11-04-2025 COMM. # 12696573 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, AR In order to attempt to obtain approval of a request for a zoning reclassification (RZN 20-000028 at Michael Cole and Wedington Drive), the owners, developers or buyers of this property, (hereinafter called "Petitioners") Aria Holdings, LLC, hereby voluntarily offers this Bill of Assurance and enters in 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 the Petitioners or Petitioners' 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 Petitioners acknowledge 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 Petitioners' rezoning request. Petitioners hereby voluntarily offer assurances that Petitioners and Petitioners' property shall be restricted as follows IF Petitioners' rezoning is approved by the Fayetteville City Council. 1. The area proposed to be rezoned to Neighborhood Services — Limited (NS-L), shall have commercial and not be developed as solely residential. 2. The area proposed to be rezoned to Residential Intermediate —Urban (Ri-U),shall be developed as townhomes similar to the photos and plat previously submitted by Petitioners and made part of the Council's packet and record. 3. Petitioners specifically agree that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. The Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioners' rezoning is effective and shall be noted on any Final Plat or Large Scale Development, which includes some or all of Petitioners' property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, David Fender and Johnny Smith, as the owners, developers or buyers (Petitioners) voluntarily offer all such assurances and sign ouLmarries below. David FAdVr,Member Aria Holdings, LLC Jo ny Smith mber A is He Holdings, LLC qndh Date 4944410. 1008942.00001 NOTARY OATH STATE OF ARKANSAS COUNTY OF WASHINGTON And now on this the _ 3 day of 5J_� 2021, appeared before me David Fender and Johnny Smith, and after being placed upon their oath swore or affirmed that they agreed with the terms of the above Bill of Assurance and signed their names above. IV. Notary Public My Commission Expires:�$.� (seal) COLTON W BAAMALL Notary Public — Arkansas Washington County Commission k 12701646 My Commisslan Expires Aug 18, 2027 4944410.1 008942.00001 RZN-2020-000028 Kidder EXHIBIT'A' Close Up View I RZN-2020-000028 16 RI-12 -- _--- --—----------- ---- —LM— __ -- - ------------ ----------- -._- -------------------------------- ---WII- ---I----DR Proposed —---- NS-L I Proposed 14 N 11.-v — Regional Link ■ ■ Planned Residential Link — — — Shared -Use Paved Trail - Trail (Proposed) Planning 9 Area Fayetteville City Limits Building Footprint Subject Property I I Feet 0 1125 225 450 675 900 1 inch = 300 feet NORTH Zoning Acres RMF-18 5 1 Tota 1 51 EXHIBIT'B' RZN-2020-000028 Legal Descriptions LEGAL DESCRIPTION (R-A TO RI-U) A part of the NW1/4 of the SW1/4 and a part of the NE1/4 of the SW1/4 of Section 11, T16N, R31 W in Washington County, Arkansas, and being described as follows Commencing at the NW Corner of said NW1/4, SW1/4, thence East 270 00 feet, thence South 23 89 feet, thence N86012'36"E 100 22 feet to the POINT OF BEGINNING, thence N86012'36"E 56 03 feet, thence N89054'27"E 649 55 feet, thence S85°47'50"E 150 33 feet, thence S89036'43"E 189 28 feet, thence South 219 19 feet, thence West 1,044 66 feet, thence North 226 74 feet to the POINT OF BEGINNING Containing 5 47 acres more or less subject to easements and right of way of record LEGAL DESCRIPTION. (R-A TO NS-L) A part of the NW1/4 of the SW1/4 of Section 11, T16N, R31 W in Washington County, Arkansas, and being described as follows Commencing at the NW Corner of said NW1/4, SW1/4, thence East 270 00 feet, thence South 23 89 feet to the POINT OF BEGINNING, thence N86°12'36"E 100 22 feet, thence South 226 74 feet, thence West 100 00 feet, thence North 220 11 feet to the POINT OF BEGINNING Containing 0 51 acres more or less subject to easements and right of way of record Washington County, AK I certify this instrument was filed on 08/17/2021 03 26 12 PM and recorded in Real Estate File Number 2021-00031671 Kyle Sylvester - Circuit Clerk b �- City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0424 Agenda Date: 7/20/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.1 APPEAL RZN 2020-028 (EAST OF W. MICHAEL COLE DR & W. WEDINGTON DR./KIDDER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-028 FOR APPROXIMATELY 5.1 ACRES LOCATED ON WEST WEDINGTON DRIVE EAST OF MICHAEL COLE DRIVE FROM R-A, RESIDENTIAL AGRICULTURAL TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN AND NS-L, NEIGHBORHOOD SERVICES -LIMITED 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 RI-U, Residential Intermediate -Urban and NS-L, Neighborhood Services -Limited subject to a Bill of Assurance. 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 7/21/2021 HALL ESTILL VIA E-MAIL eitvclerk(u favetteville-ar.g)Lv Kara Paxton, City Clerk City of Fayetteville 113 W. Mountain Street, Rm. 308 Fayetteville, Arkansas 72701 RECEIVED MAY 13 2021 U1 i Y OF FAYETTEVILLE CITY CLERK'S OFFICE May 13, 2021 Re: RZN 2020-000028 Kidder Rezoning Dear Ms. Paxton - Robert K. Rhoads 75 N. East Avenue, Suite 500 Fayetteville, AR 72701-5388 Direct Dial: (479) 973-5202 Facsimile: (479) 973-0520 rrhoads@hallestill corn The above referenced rezoning request was heard before the Planning Commission on May 10, 2021. The Planning Commission voted to not recommend the rezoning to the City Council; therefore I write you this letter on behalf of the Petitioners to formally appeal that decision and ask that the appeal of the rezoning be put on the next scheduled appropriate City Council Agenda. I thank you for your consideration concerning this request and if this letter is lacking anything to be officially considered a formal request please let me know immediately. The Petitioners believes the Planning Commission's refusal to recommend approval of the rezoning was in error and contrary to Unified Development Code 154.03 in that the rezoning request was compatible with neighboring property in light of the future plans of the City and recommendation of the Planning Department. The applicants will submit additional reasons why they believe the City Council should approve the rezoning when this request is placed on the Agenda. I thank you in advance. Sincerely yours, Robert K. Rhoads RKR:slt Cc: Justin Jorgenson Clients Jonathan Curth Kit Williams v Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. Tulsa • Oklahoma City • Northwest Arkansas • Denver www.hallestill.com CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 15, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: May 28, 2021 CITY COUNCIL MEMO SUBJECT: RZN 2020-000028: Rezone (EAST OF W. MICHAEL COLE DR & W. WEDINGTON DR./KIDDER, 436): Submitted by JORGENSEN & ASSOCIATES, INC. for property located EAST OF W. MICHAEL COLE DR. & W. WEDINGTON DR. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 5.10 acres. The request is to rezone the properties to RI-U, Residential Intermediate — Urban and NS-L, Neighborhood Services — Limited. RECOMMENDATION: City Planning staff recommends approval and Planning Commission recommends denial of the request to rezone the subject property as described and shown in the attached Exhibits `A' and ,B, BACKGROUND: The property, parcel, 765-16221-000, is in west Fayetteville, at the corner of W. Wedington Drive and W. Michael Cole Drive, just east of N. Double Springs Road. Containing approximately 5.0 acres, the property is undeveloped, zoned R-A, Residential -Agricultural, and has approximately 1100 feet of frontage along W. Wedington Drive. The applicant previously submitted a request to rezone the property to RMF-18, Residential Multi -Family, 18 Units per Acre, which was denied by Planning Commission. The applicant appealed that denial to City Council, where an amended request was submitted. City Council remanded the item to Planning Commission for a full review and recommendation. At the April 26, 2021 Planning Commission meeting, Commissioners voted to table the item at the applicant's request. At the May 10, 2021 Planning Commission meeting, Commissioners voted to deny the item with a 4-5-0 vote. More information about that meeting is below. Request: The request is to rezone the property to RI-U, Residential Intermediate — Urban and NS-L, Neighborhood Services — Limited. The applicant has not submitted any formal development plans, but has indicated an intent to develop townhomes on the property. Public Comment: Staff received a petition expressing opposition to the original request of RMF- 18 containing 50 signatures from neighbors. Staff received a phone call inquiry regarding the updated proposal, but no specific comment was issued in support or opposition to the updated request. No public comment was issued on the item previously at City Council; one member of Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 the public spoke in opposition to the request at the May 10, 2021 Planning Commission meeting. Staff has since received a phone call inquiry about the project's status, but no formal opposition or support was offered. Land Use Compatibility: The surrounding property is characterized by low -density residential, and is primarily zoned R-A, Residential -Agricultural. Additional residential development appears to be on the rise in the area, with duplexes in RMF-6, Residential Multi -Family, 6 Units per Acre zoning to the west, and RI-12, Residential Intermediate, 12 Units per Acre to the northeast. There are few non-residential services available nearby, especially within close walking distance. Given the available infrastructure, including street frontage along W. Wedington Drive and available water and sewer, staff recognizes that rezoning to a higher density is merited at the site. The provision of limited services at the corner through a request to NS-L, Neighborhood Services — Limited for this area could help mitigate concerns about the availability of walkable services. While RI-U does not have a stated density maximum, it does place limits on the types of dwellings permitted, such as single-family to 4-family, and would not permit larger, out of scale apartment buildings. RI-U also has a height maximum of 3 stories, which also places limitations on the potential for a large, out -of -scale apartment building. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The area is designated as a Residential Neighborhood Area, which encourages a wide variety of housing types, so staff recognizes the city's goal for additional housing and supportive services in the area, rather than the land remaining agricultural. It is worth noting that the infill score for this neighborhood is low, which would demonstrate that the area is not currently ready for higher density housing, especially housing which would not necessarily be developed to support compact, complete, and connected neighborhoods. Understanding that rooftops help bring services to an area, staff would support a request to a district such as RI-U, Residential Intermediate — Urban, to support an increase in density to the area, but through the limited housing types of single-, two-, three-, and four -family dwellings. Further, staff finds that a consideration of the potential provision of a walkable service at the corner of W. Michael Cole Drive through a consideration for NS-L, Neighborhood Services — Limited, would lead the site in the direction towards a more connected neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 5 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 7, 835 N. Rupple Road) • Near Sewer Main (North side of W. Wedington Drive; Southeast side of subject property) • Near Water Main (South side of W. Wedington Drive) • Near City Park (Harmony Pointe Park) • Near Paved Trail (W. Wedington Drive) DISCUSSION: At the May 10, 2021 Planning Commission meeting, and following a failed vote to table the request, a motion to forward the item recommending approval failed with a vote of 4-5-0; Commissioner Winston made the motion and Commissioner Canada seconded. During the applicant's presentation, they elected to share conceptual plans for attached residential housing. Commissioners in opposition to the request identified issues with the illustrative plans that were submitted by the applicant, including conflicts and inconsistencies with both zoning and development codes. The Assistant City Attorney clarified that the submitted plans were not legally bound to the rezoning request, and city staff clarified that the plans had not been reviewed for any form of code compliance. Other Commissioners opposed to the item suggested that the density of the request was still too high for the area compared to the previous request and were concerned that the proposal still represented sprawl. Commissioners in support of the rezoning request appreciated the form -based nature of the zoning districts, and were encouraged that the use of RI-U would require buildings to be placed along W. Wedington. One member of the public offered comment at the meeting in opposition to the proposal citing concerns with the low infill score and wondered if this was the highest and best use for the land in this area. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2020-000028 Close Up View ------- Kidder RSF-4 EXHIBIT 'A' RZN-2020-000028 L •---•- - - - - - - - - - L -----•---- - - - - -- - - - - - --� NGTO I iwii—�' ----------------- W'WEDN-DR 1----------------------NGTO NS-L RMF-6 I'. ------- P 1 — Regional Link ■ Planned Residential Link — — — Shared -Use Paved Trail - - - Trail (Proposed) : Planning Area �- - -i Fayetteville City Limits Building Footprint Subject Property R-A\ Feet 0 112.5 225 450 675 1 inch = 300 feet '• 1 NORTHI Zoning Acres RMF-18 5.1 Total 5.1 EXHIBIT 'B' RZN-2020-000028 Legal Descriptions LEGAL DESCRIPTION: (R-A TO RI-U A part of the NW1/4 of the SW1/4 and a part of the NE1/4 of the SW1/4 of Section 11, T16N, R31 W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said NW1/4, SW1/4, thence East 270.00 feet, thence South 23.89 feet, thence N86°12'36"E 100.22 feet to the POINT OF BEGINNING, thence N86°12'36"E 56.03 feet, thence N89054'27"E 649.55 feet, thence S85047'50"E 150.33 feet, thence S89036'43"E 189.28 feet, thence South 219.19 feet, thence West 1,044.66 feet, thence North 226.74 feet to the POINT OF BEGINNING: Containing 5.47 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (R-A TO NS-L A part of the NW1/4 of the SW1/4 of Section 11, T16N, R31W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said NW1/4, SW1/4, thence East 270.00 feet, thence South 23.89 feet to the POINT OF BEGINNING, thence N86°12'36"E 100.22 feet, thence South 226.74 feet, thence West 100.00 feet, thence North 220.11 feet to the POINT OF BEGINNING: Containing 0.51 acres more or less subject to easements and right of way of record. CITY OF ti FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: May 10, 2021 Updated with PC hearing results from 5/10/2021 SUBJECT: RZN 2020-000028: Rezone (EAST OF W. MICHAEL COLE DR & W. WEDINGTON DR./KIDDER, 436): Submitted by JORGENSEN & ASSOCIATES, INC. for property located EAST OF W. MICHAEL COLE DR. & W. WEDINGTON DR. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 5.10 acres. The request is to rezone the properties to RI-U, Residential Intermediate — Urban and NS-L, Neighborhood Services — Limited. RECOMMENDATION: Staff recommends forwarding RZN-2020-000028 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2020-000028 to City Council with a recommendation of approval." BACKGROUND: The property, parcel, 765-16221-000, is in west Fayetteville, at the corner of W. Wedington Drive and W. Michael Cole Drive, just east of N. Double Springs Road. Containing approximately 5.0 acres, the property is undeveloped, zoned R-A, Residential -Agricultural, and has approximately 1100 feet of frontage along W. Wedington Drive. The applicant previously submitted a request to rezone the property to RMF-18, Residential Multi -Family, 18 Units per Acre, which was denied by Planning Commission. The applicant appealed that denial to the City Council, where an amended request was submitted. City Council recommended the item be sent back to Planning Commission for a full review and recommendation. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single -Family Residential R-A, Residential -Agricultural; RSF-4, Residential Single -Family, 4 Units per Acre; RI-12, Residential Intermediate, 12 Units per Acre South Undeveloped/Single-Family Residential R-A, Residential -Ag ricultural East Single -Family Residential R-A, Residential -Agricultural West Two -Family Residential RMF-6, Residential Multi -Family, 6 Units per Acre Request: The request is to rezone the property to RI-U, Residential Intermediate — Urban and NS-L, Neighborhood Services — Limited. The applicant has not submitted any additional development plans, but has indicated an intent to develop townhomes on the property. Public Comment: Staff received a petition containing 50 signatures from neighbors expressing Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 1 of 34 opposition to the original request of RMF-18. The specific concerns and full signatures are attached to this report. Staff received a phone call inquiry regarding the updated proposal, but no specific comment was issued in support of opposition to the updated request. No public comment was issued on the item at City Council. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage to W. Wedington Drive, which is a fully improved Regional Link with asphalt, curb, gutter, and trail. The property also has frontage to W. Michael Cole Drive, which is classified as a Residential Link Street, with asphalt, but no curb, gutter, greenspace, or sidewalk. Any street improvements required in these areas would be determined at the time of development proposal, as well as any requirements for drainage. Water: Public water is available to the subject area. An existing 2-inch water main that segues into an 8-inch water main is present along the north side of W. Wedington Drive and an existing 18-inch water main is present along the south side of W. Wedington Drive. An existing 6-inch water main is also present along the west side of W. Michael Cole Drive. Sewer: Sanitary sewer is available to the subject area. An existing 6-inch sanitary sewer main is present on the north side of W. Wedington Drive and existing 6-inch sanitary sewer main is present in the southeast corner of the subject property. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 7, located at 835 N. Rupple Road, protects the site. The property is located approximately 1.7 miles from the fire station with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time would be approximately 6.2 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. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portion of the property is within the Hillside -Hilltop Overlay District. The property does not lie within a FEMA floodplain, nor is there a protected stream in the area. Hydric Soils appear to be present along the Southeast side of the subject property. Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It's important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 2 of 34 property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required. Tree Preservation: The proposed zoning district of RI-U, Residential Intermediate — Urban requires 15% minimum canopy preservation, and the proposed zoning district of NS-L, Neighborhood Services - Limited has a 10% minimum canopy preservation. The current zoning district of R-A, Residential- Agricultural requires 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 5 for this site, with a weighted score of 4.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 7, 835 N. Rupple Road) • Near Sewer Main (North side of W. Wedington Drive; Southeast side of subject property) • Near Water Main (South side of W. Wedington Drive) • Near City Park (Harmony Pointe Park) • Near Paved Trail (W. Wedington Drive) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The surrounding property is characterized by low - density residential, and is primarily zoned R-A, Residential -Agricultural. Additional residential development appears to be on the rise in the area, with duplexes in RMF-6, Residential Multi -Family, 6 Units per Acre zoning to the west, and RI-12, Residential Intermediate, 12 Units per Acre to the northeast. There are few non-residential services available in the area, especially within close walking distance. Given the available infrastructure, including street frontage along W. Wedington Drive and available water and sewer, staff does find that a rezoning to a higher density is merited at the site. The provision of limited services at the corner through a request to NS-L, Neighborhood Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 3 of 34 Services — Limited for this area could help mitigate concerns about the availability of walkable services. While RI-U does not have a stated density maximum, it does place limits on the types of dwellings permitted, such as single-family to 4-family, and would not permit larger, out of scale apartment buildings. RI-U also has a height maximum of 3 stories, which also places limitations on the potential for a large, out -of -scale apartment building. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The area is designated as a Residential Neighborhood Area, which encourages a wide variety of housing types, so staff recognizes the need for an upzone for additional housing and supportive services in the area, rather than the land remaining agricultural. It is worth noting that the infill score for this neighborhood is low, which would demonstrate that the area is not currently ready for higher density housing, especially housing which would not necessarily be developed to support compact, complete, and connected neighborhoods. Understanding that rooftops help bring services to an area, staff would support a request to a district such as RI-U, Residential Intermediate — Urban, to support an increase in density to the area, but through the limited and more compatible housing types of single-, two-, three-, and four -family dwellings. Further, staff finds that a consideration of the potential provision of a walkable service at the corner of W. Michael Cole Drive through a consideration for NS-L, Neighborhood Services — Limited, would lead the site in the direction towards a more connected neighborhood. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: A rezone to a higher density than R-A, Residential -Agricultural is justified, given its proximity to a Tier 3 center, and the future land use plans designating this area as Residential Neighborhood. The request to RI-U and NS-L allows for an incremental increase in density in the area, while still being compatible with overall future land use plans. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to RI-U and NS-L at this site would increase traffic at this site, though staff does not find that it would be out of scale or create a dangerous traffic condition in the area. W. Wedington Drive has a typical vehicle count of 11,000 vehicles per day, and is an improved Regional Link with a service volume of 17,600 vehicles per day. Staff also finds that the site is located 1000 feet east of a Tier 3 center (W. Wedington Drive and N. Double Springs Road). 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 R-A to RI-U and NS-L would certainly have the Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 4 of 34 potential to increase population density in this area. However, the available infrastructure, water and sewer, and the service volume of W. Wedington Drive, would likely support an increase in population density. The school district did not comment on this request. 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 approval of RZN-2020-000028. PLANNING COMMISSION ACTION: Date: May 10, 2021 O Tabled (Motion: Winston (Second: Canada Required YES O Forwarded Iq Denied (Motion #2 to table failed for lack of second) JVote: 4-5-0 (Commissioners Garlock, Johnson, Sharp, Wiederkehr, Sparkman BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.03 - District R-A, Residential -Agricultural o §161.12 - District RI-U, Residential Intermediate - Urban o §161.18 - NS-L, Neighborhood Services- Limited • Applicant Request Letter • Applicant Provided Exhibit • Public Comment • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 5 of 34 161.03 - 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 Unit 7 Unit 8 [nit 9 Agriculture Animal husbandry �ingle-family dwellings Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Wireless communications facilities Clean technologies Unit 36 Unit 42 (C) Density. Units per acre One-half ('/) (D) Bulk and Area Regulations. Lot width minimum I200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback Requirements. Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 6 of 34 Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5- 09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17) Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 7 of 34 161.12 - District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single- family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 Unit 8 Unit 9 Unit 10 Unit 41 Unit 44 (2) Unit 2 Unit 3 Unit 4 Unit 5 Unit 12a Unit 24 Unit 26 Unit 36 City-wide uses by right Single-family dwellings Two (2) family dwellings Three (3) and four (4) farr Accessory dwellings Cluster housing developrr Conditional Uses. City-wide uses by conditional use permit Public protection and utility facilities Cultural and recreational facilities Government facilities Limited business Home occupations Multi -family dwellings ' Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling (all types) Lot width minimum r18 feet FLot area minimum rNone (E) Setback Requirements. 7 Front A build -to zone that is located between the front property, line any a line 25 feet from the front propert line. (F) Building Height Regulations. Side Side Single Rear Rear, from Other & Two (2) Other centerline of an Uses Family Uses alley None 5 feet 5 feet 12 feet Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 8 of 34 Building height maximum 2 stories/3 stories* * 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 two (2) stories. 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 three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §5(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19) Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 9 of 34 161.18 - NS-L, Neighborhood Services - Limited (A) Purpose. The NS-L Neighborhood Services - Limited district is designed to serve as a mixed use area of low intensity. Neighborhood Services promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control, the Neighborhood Services district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12a Limited Business Unit 24 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development 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 Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities* Unit 45 Small scale production (C) Density. Units per acre Ten (10) or less (D) Bulk and Area. (1) Lot Width Minimum. Single-family 35 feet Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 10 of 34 Two (2)family Three or more FAII other uses (2) Lot Area Minimum. 35 feet 35 feet None Single-family 4,000 square feet FTwo (2) family or more 3,000 square feet of lot area per dwelling unit FAII other permitted and None conditional uses (E) Setback Regulations. Front: A build -to zone that is located between 10 and 25 feet from the front property line. F—T feet Rear 15 feet (F) Building Height Regulations. r Building Height Maximum 3 stories (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of the lot. Accessory ground mounted solar energy systems shall not be considered buildings. (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. 5735, 1- 20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 6, 8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6245 , §2, 10-15-19) Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 11 of 34 JORGENSEN +ASSOCIATES Civil Engineering Surveying February 1, 2021 Kara Paxton, City Clerk City of Fayetteville 113 W Mountain Street, Room 308 Fayetteville, AR 72701 Re: RZN 2020-000028 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 www,jorgensenassoc.com Established 1985 Please accept this appeal of the decision of the Planning Commission on January 251", 2021, to deny the rezoning request for RZN 2020-000028. Our original request at Planning commission was to rezone this to RMF- 18 but after discussion with the city and the owner it was our desire to hear discussion from Planning Commission and change our request to RI-U and NS-L as noted in the staff report which they stated they would support. We requested to table this item so we could discuss options with staff, but we were denied that opportunity so that is the reason for this appeal. This appeal is made pursuant to Section 155.05 of the Uniform Development Code. We understand that Planning Commission has to make a lot of tough decisions and we certainly appreciate their hard work and time. However, in this instance, we feel that the applicant has presented a reasonable zoning request that is in conformity with the surrounding properties. We are kindly asking that the City Council please place this item on the next agenda, so that we can further discuss this matter. Sincerely; Justin Jorgensen Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 12 of 34 r- 0 3AIMa N019N1a3M ISM Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 13 of 34 t io'. L 1.1 j N N U U E 0 I a Iza� � • ; v # fA N N cn C � a D _�� + t I x L •C T' a••' 4-J ( 0j Planning Commission May 10, 2021 t r `Il`6 Agenda Item 5 RZN-21-000028 Kidder f Page 14 of 34 Z7 ling Commission May 10, 2021 Agenda Item 5 1-000028 Kidder Page 15 of 3 "4 Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 16 of 34 LO O W C� _0 c � J = cn CO a - F- N U W E 4 O (i z U O C Y O � � O U cm 0) W c: 0 W O O ,, W OC N uu U J = o Q� Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 17 of 34 04 - I ------------- I anning Commission May 10, 2021 Agenda Item 5 N-21-000028 Kidder Page 19 of 34 ling Commission May 10, 2021 Agenda Item 5 1-000028 Kidder Page 20 of 3 LJ L a) ry L T C O U, Q1 U) 0 a D a v 0 u 0 U- Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 21 of 34 v 0 0 a D a ra O n a u o Planning Commission u May 10, 2021 8 Agenda Item 5 LL RZN-21-000028 Kidder Page 22 of 34 W W J C O U a) V) r c O a u � [ n j c Ll Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 23 of 34 o U LL 1* w Iq (.0 00 M � lt7 bo M 4-1 N N V� O O M w a-41 w- NC C NC cn O M M +' i 0 0 S cn 0 0 C 0 0 U_ t t • � cn -1 4-1 m 0 Q m 70 Q � � 0. 0 000 3r m �� 1111111«ll�l��ll CL Lnc ` a J VW � 'S c- 3� Go a O v V •� �t 1 V ax ti n0 3; o 0, rI Planning Commission cn May 10, 2021 C Agenda Item 5 �RZN-21-000028 Kidder a Page 24 of 34 ZD 00 c .5 m i Q ZD N 00 C m v E O c 0 I— ru v o Planning Commission May 10, 2021 o Agenda Item 5 LL RZN-21-000028 Kidder Page 25 of 34 C O +_j M u +_j D M O �U C f6 L O O I +, a) 3 _O M O 0 ra to N Q ro U to N L ro C f� Ul E L Q) m �i- d tp Q v u o Planning Commission May 10, 2021 o Agenda Item 5 LL RZN-21-000028 Kidder Page 26 of 34 Petition opposing Rezone Request for West Wedington Drive The undersigned are all City of Fayetteville residents and respectfully oppose a rezone request by Aria Holdings, LLC David Fender, for 5.15 acres on West Wedington Drive, Fayetteville, AR. All signatures on this petition are of property owners and/or residents who either adjoin this property in consideration for rezone, or who live in close proximity. All of us could be negatively affected for this high density development on Wedington Drive. This rezone request is to be considered at the Planning Commission meeting which is virtual by Zoom on January 25, 2021 at 5:30 pm. We stron gly a ppose rezone of 5.15 acres ❑n Wed in tan Drive from RA to RMFIB for the fol I owi Ing reasons: 1. Negative traffic impact and safety concerns for car, pedestrian, and bike traffic. 2. Potential drainage problems onto Wedington Drive that could negatively impact nearby properties. 3. Increase of problems with the water and sewage system which is already inefficient and problematic at times for neighborhood residents with the recent housing growth and construction in this area. 4. Possibility of reduced adjoining and area property values. 5. Safety concerns for domestic animals and livestock on adjoining or nearby properties. 6. Weariness of years long construction traffic, trash, noise, and other negative impacts in our neighborhood from Creek View development to the south, Woodridge Subdivision to the north, and Brooke Drive construction to the west, which have all been simultaneous and all remain ongoing and are within close proximity to this property considered for rezone. 7. Increased potential for excessive noise and litter in the neighborhood which has already been an issue. It seems to us that The Planning Commission and The Fayetteville City Council created a prescedent for rezone for high density in this neighborhood at this time with rejection of a very similar high density rezone request at 6040 and 6074 West Wedington within the last 6 months. The property under current rezone request is just across Wedington from those properties which were denied rezone to RMF-18 or RMF-12 in the last six months of 2020. The Planning Commission (July, 2020) and the City Council (Sept. 2020) both carefully considered and thoughtfully discussed the past rezone request and appeal with respect to the long term growth plan as well as united neighborhood opposition to any high density at this time. A rezone to RMF-18 at this property appears to us to be in conflict with the RA Code 161.03 section of "orderly transition of growth." We appreciate and agree with council member's remarks from past rezone considerations that concentrated high density in our neighborhood does not blend with the long term growth "hamlet" approach and is "too much, too fast." The lack of services in this area was also a factor of concern. We hope that the Commission will appreciate and consider the limitations to communicate because of Covid 19. We respectfully ask the Planning Commission to consider our opposition. Please know that not all residents who have signed this petition have internet access to join the meeting in Zoom format. If our signature is on this petition, we state that our absence from the 1/25/21 Zoom meeting does not signify a lack of interest and/or lack of strong opposition to this rezone request. Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 27 of 34 We, the undersigned, oppose the rezone request for 5.15 acres on Wedington Drive with our signatures, addresses, and/or phone or email contact information. This rezone request is to be decided by the City of Fayetteville Planning Commission on 1/25/21. /7AR 1 v✓ im � 6,�C4j �6 � LQZ - V- V-�3 �A/ O.Zf 390Cc& q7q- -V6�-2)1d 41 o ff � - � Lit -'7/-)� P—?C SAS w, rVj 2 G O -73 � i Ad Cd e �� 3 I L rr 0 -f<-;) N� Z ) 2�0 � G� � L1 7 q �ZZ� IL - I t7L1L[ - \QA Planning Commission 2 May 10, 2 Agenda Item RZN-21-000028 Kidder Page 28 of 34 We, the undersigned, oppose the rezone request for 5.15 acres on Wedington Drive with our signatures, addresses, and/or phone or email contact information. This rezone request is to be decided by the City of Fayetteville Planning Commission on 1/25/21. A U . � �U'1 C ?'1 r11C � 5 � 1" LJ'` � Y� � 2 �� [.` C � _._.._..._�7 Q11 , �Il1 bkd j 41.k c l C--CJ - C �JdZ `I, 441C)-(,�0wve,.n (Ai 6Q, 5qub M �l[ LOie Dr C. n ►J�I� 4 evc�axl Celle dr _UO-ji-e- q 7 q 9'7,?2 -5-ot ��,kj�t� 4�G� 2��5q?s I2�� s��fih �V uC'\ �. j ['��U S�5 j 3 C� l2-] ly jai �'' �'� q79 -qys - -7_5- 16z— iv qGI -5 ')\ 5�0 — —) —3 �J( ,,k. r (b } (,7 , . Fa., t Planning Commission 3 May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 29 of 34 We, the undersigned, oppose the rezone request for SAS acres on Wedington Drive with our signatures, addresses, and/or phone or email contact information. This rezone request is to be decided by the City of Fayetteville Planning Commission on 1/25/21. ��rrir�r.���r�:�rN►��h�`i��1if►r �r� ��y ��r��� �►�h[���irLi:«'�LL��Ir�f� �... • :V-i-l�-' L(-Z.lo --C) Z-y`1 Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 30 of 34 RZN-2020-000028 Kidder NORTH One Mile View 0 0.125 0.25 0.5 Miles ' ——-- -T1 ; W— II 1 Z 1 RSF-4 1 1 ■ II N 1 1 Z t 1 1 � 1 1 ■ ■ ■ ■ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 RI-U 1 I 1 W I la— W R1-12 - W Q z ,.r I LW., d NO Subject Property - I I RMF-6 RSF-8 � I RSF-1 i r--— Zoning L2 Generel InMateal RESIDENT IALSINGLE-FAMILY EXTRACTION 11G E-1 COMMERCIAL Regional Link RL,2 Read—.I-Grtce NSL M. C-, — �Reaieantlal-AgewlWrel 11111IC-2 Neighborhood Link R. =`' - R. FORM BASED DISTRICTS - RSF-2 Downtown Care Planned Neighborhood Link RSF-° g"'are RSF-] Main —t Center RSF-fi � Downtown Gener9 Planned Residential Link RSF-1fi Cemrrunity S—,— RESIDENTIAL MULTIFAMILY Neigbbemooe Servaea NeigbbaMooe Conservaeen 1 Planning Area r r _ _ _ - _ • - - - - -1 RMF-,2 PLANNED ZONING DISTRICTS .RMF-,fi Cemmarcial, Ineuateal, Reaieenrlai 1 _ _ , ; Planning Area - r-- � 1 1- - - 1 Fayetteville City Limits Fayetteville City Limits _ =F_ooINSTITUTIONAL INDUSTRIAL Nea Cem a alaneLight lneuaNai Planning Co m 0, ssion 2021 Agenda Item 5 RZN-21-000028 Kidder Page 31 of 34 RZN-2020-000028 Close Up View Kidder LAtg-----------i----7----------j--- ------- wm� WU ________j _________- ------------- ---- W'WEDI------ � -- ------------ Proposed — — — —' NS-Lj Proposed Subject Property RMF-6 R-A — Regional Link ■ Planned Residential Link — — — Shared -Use Paved Trail - - - Trail (Proposed) : Planning Area �- - -i Fayetteville City Limits Building Footprint Feet 0 112.5 225 450 675 1 inch = 300 feet NORTH Zoning Acres RMF-18 5.1 Total 5.1 Planning n ssion 2021 Agenda Item 5 RZN-21-000028 Kidder Page 32 of 34 RZN-2020-000028 Kidder Current Land Use A& NORTH w wi Single -Family Residential/ °,n' l Agricultural w . _ Single -Family Residential — - i- — — — — — °WEDINAli GTON Subject Property [Duplexes pi aS , - F -- - - - - - - -- �. r_ :. - - - Single-Family Residential * h, Single -Family Residential - ".1,• 4 W, -.. y- MICHAEL COLE DR Y.:. 44����• •. �i �T Yy� ,... ' 2`} ;T - T ice_ >+�'A; . xLi S g� FEMA Flood Hazard Data 100-Year Floodplain Regional Link Feet 0 Floodway ■ ■ Planned Residential Link Planning Area 0 75 150 300 450 600 � _ _ _; Fayetteville City Limits 1 inch = 200 feet Planning Conlmission �114%, 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 33 of 34 RZN-2020-000028 Future Land Use .... ■ wgW'adi m ■ ■ ■ ■ .1 Residential i i i i i i i ------------------ Residential Neighborhood Subject Property WWEDIIVGTONDR ___— —_-77S-Z ---- mm WL oed' Kidder ■ ■ M W Q . 1 LLJ IQ ■ _ ■ z NORTH i i —----------------•--- Proposed-----------------�..--- RI-U f Natur Civic -and ' Private - - ' Open Space Regional Link i Planned Residential Link Planning Area L Fayetteville City Limits Building Footprint Feet 0 180 360 720 1,080 1 inch = 500 feet City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 1,440 Residential Neighborhood Il Rural Residential Urban Center ssion 2021 Agenda Item 5 RZN-21-000028 Kidder Page 34 of 34 Received 6/9/21 3:27 PM from Robert Rhoads f GRAPHIC SCALE WES -------------- LLJJ II m II I — —� - - III— -- — — — —w. wewxoENNA ixsaxwnr se E��oNa�unH _ — — — — — __j------- ---- — —� —_—_ ---. ------------ —IL a a a II I �I- '"I _-_-- _-_ El CityClerk From: RRhoads@HaIIEstill.com Sent: Wednesday, June 9, 2021 3:27 PM To: CityClerk Subject: Wedington/Kidder RZN Appeal 2020-028 Attachments: Kidder Concept.pdf Categories: Completed, Saved File, Forwarded CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Lisa, pls send this to council et al as additional info and as a replacement for the site plan that appears on page 31 of the planning commission packet. As always thanks for your help! RKR HALL ROBERT K RHOADS I SHAREHOLDER ESTILL. 75 N. East Ave. I Suite 500 1 Fayetteville, AR 72701 Office: 479-973-5202 1 Cell: 479-236-1414 1 Bio \1 Iti'IiNI1�, 11I L M\ This e-mail message and any attachment thereto is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the recipient or reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this a -mail communication in error, please notify us immediately by sending a reply e-mail message to the sender. Thank you. 1 Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Amy Strobel Address or Ward* Address Ward Locate Your Ward Number Ward * Ward 4 Phone Number 479-518-1481 Email atstrobel@yahoo.com Meeting Body* City Council Agenda Item Session B1 Number/Subject Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position Comment Only Comments Concerns about proposed rezoning at Wedington & Michael Cole Dr: there is commercial property/neighborhood services only blocks away that is now mostly vacant; paving the property could cause runoff to the south and cause flooding for the property owners. Attachments PDF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Amy Strobel Address or Ward* Address • Ward Locate Your Ward Number Ward * Ward 4 Phone Number 479-518-1481 Email atstrobel@yahoo.com Meeting Body* City Council Agenda Item Session B1 Number/Subject Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position Opposed Comments Correction to previous submission —should have marked `opposed" to rezoning Attachments PDF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, AR In order to attempt to obtain approval of a request for a zoning reclassification (RZN 20-000028 at Michael Cole and Wedington Drive), the owners, developers or buyers of this property, (hereinafter called "Petitioners") Aria Holdings, LLC, hereby voluntarily offers this Bill of Assurance and enters in 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 the Petitioners or Petitioners' 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 Petitioners acknowledge 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 Petitioners' rezoning request. Petitioners hereby voluntarily offer assurances that Petitioners and Petitioners' property shall be restricted as follows IF Petitioners' rezoning is approved by the Fayetteville City Council. 1. The area proposed to be rezoned to Neighborhood Services — Limited (NS-L), shall have commercial and not be developed as solely residential. 2. The area proposed to be rezoned to Residential Intermediate — Urban (RI-U),shall be developed as townhomes similar to the photos and plat previously submitted by Petitioners and made part of the Council's packet and record. 3. Petitioners specifically agree that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. The Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioners' rezoning is effective and shall be noted on any Final Plat or Large Scale Development, which includes some or all of Petitioners' property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, David Fender and Johnny Smith, as the owners, developers or buyers (Petitioners) voluntarily offer all such assurances and sign ou ames below. David reKkr,member Aria Holdings, LLC JoOa�!Holdlngs, ny Smith ember A LLC :4— g-� Date 4944410.1:008942.00001 NOTARY OATH STATE OF ARKANSAS COUNTY OF WASHINGTON And now on this the 13 day of �J� 2021, appeared before me David Fender and Johnny Smith, and after being placed upon their oath swore or affirmed that they agreed with the terms of the above Bill of Assurance and signed their names above. c&4*n I/v • R'02�'� Notary Public My Commission Expires:��'� (seal) COLTON W SRAMALL Notary Public — Arkansas Washington Caunty Commission A 12701646 My Commisslan Expires Aug 18, 2027 4944410.1:008942.00001 MODERN & LUSH THE LIFE AT KIDDER PLACE A crafted townhome community designed for neighbors, friends, and families seeking convenience and solace. 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Q O - Lower Level unit 1 unit 2 w* 3 unit A unit 5 wit G Iz For Conceptual Purposes Only N 'D Z v N =3 7 o 7 D cfl o co 0 o m n> () o n � o Co N O X — a N N Y. d 0 N• Second Level Second Level Stoop _ _ IL Q www.houseplans pro Living © www houuseplaru.pra 15x15 Garage 10 x 19 1 1 Kitchen 0 0 TO Nd Dining Off ice a 10x10 11 x9 Entry - i I Stoop Dade Ian S-747 N Z F N � 7 OCc O N N n OO N QK 00 N O x —_ a www.houseplans.pro Bedroom 1 YX I I" Bedroom 11 x11 Total sq. ft.: 1,338 Upper Floor sq. ft: 584 Main Floor sq. ft: 564 Lower sq. ft.: 190 Bedrooms: 2 Bathrooms: 2.5 Rear Facing Garage Stalls: 1 Width: 96' 0" Depth: 34' 0" Ridge Height: 38' 6" 1 T. / | t Jill. �t a d, == / Received 7/18/21 12:52 PM Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Virginia Martin Address or Ward* Address • Ward Locate Your Ward Number Ward * Ward 4 Phone Number (479) 466-3788 Email Vleemar@yahoo.com Meeting Body* City Council Agenda Item B1/ Micheal Cole Rezone Number/Subject Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position Opposed Comments It is my understanding the City Council will vote on zoning the property on Wedington Just one block East of Double Springs Road which is just behind my home. I have lived at 5870 W. Michael Cole since 1992. Apparently, the party in question has plans to build apartments, townhouses or condos which could house several people, I feel it would not be in the best interest of the neighborhood or Fayetteville at the present time. My reasons are as follows: 1. The traffic on Wedington appears to be a disaster at the present time especially during early morning and evening. Also whenever there is a sports activity at the U of A. There is a bottleneck between Airways and Catfish hole as there is no turning lane. To build housing which would invite several other drivers would only add to a currently serious problem. 2. Apparently the interested parties intend to include a "coffee shop." Only one block west are several EMPTY facilities available for occupancy. Several business' have come and gone with the latest Penquin Ed's. Even with increased population there is no guarantee a "coffee shop" would survive. 3. My backyard serves as a sort of sanctuary for birds. There are presently four sets of cardinals the year round and as many of fourteen sets whenever a storm is brewing. There are also several other birds who feed here. This is my own personal entertainment and perhaps selfish but it important to me. I am 87 years old and do not get out much. Please do not take away a home for these birds or my entertainment. It is my opinion to that invite more traffic on Wedington would be like putting the cart before the horse. Fix the problems first, do not add to them. Thank you for your time. Virginia Martin. Attachments PDF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display Received 7/18/21 12:52 PM Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Virginia Martin Address or Ward* Address • Ward Locate Your Ward Number Ward * Ward 4 Phone Number (479) 466-3788 Email Vleemar@yahoo.com Meeting Body* City Council Agenda Item B1/ Micheal Cole Rezone Number/Subject Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position Opposed Comments It is my understanding the City Council will vote on zoning the property on Wedington Just one block East of Double Springs Road which is just behind my home. I have lived at 5870 W. Michael Cole since 1992. Apparently, the party in question has plans to build apartments, townhouses or condos which could house several people, I feel it would not be in the best interest of the neighborhood or Fayetteville at the present time. My reasons are as follows: 1. The traffic on Wedington appears to be a disaster at the present time especially during early morning and evening. Also whenever there is a sports activity at the U of A. There is a bottleneck between Airways and Catfish hole as there is no turning lane. To build housing which would invite several other drivers would only add to a currently serious problem. 2. Apparently the interested parties intend to include a "coffee shop." Only one block west are several EMPTY facilities available for occupancy. Several business' have come and gone with the latest Penquin Ed's. Even with increased population there is no guarantee a "coffee shop" would survive. 3. My backyard serves as a sort of sanctuary for birds. There are presently four sets of cardinals the year round and as many of fourteen sets whenever a storm is brewing. There are also several other birds who feed here. This is my own personal entertainment and perhaps selfish but it important to me. I am 87 years old and do not get out much. Please do not take away a home for these birds or my entertainment. It is my opinion to that invite more traffic on Wedington would be like putting the cart before the horse. Fix the problems first, do not add to them. Thank you for your time. Virginia Martin. Attachments PDF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display 1 Democrat aet�e P.- 3CA i607. =„' ET7E'.1LL= hP. 7270 - - P c . ? a - r, COM 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 6457 Was inserted in the Regular Edition on: July 25, 2021 Publication Charges: $91.20 Brittany Smith Subscribed and sworn to before me This 26 day of , 2021. (�� A� Notary Public I My Commission Expires: 241,)2-�' **NOTE** Please do not pay from Affidavit. Invoice will be sent. Cathy Wiles Benton COUNTY NOTARY PUBLIC - ARKANSAS My Commission Expires 02-20-2024 Commission No.12397118 Ordinance:6457 File Number: 2021-0424 APPEAL RZN 2020-028 (EAST OF W. MICHAEL COLE DR & W. WEDINGTON DR./KIDDER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-028 FOR APPROXIMATELY 5.1 ACRES LOCATED ON WEST WEDINGTON DRIVE EAST OF MICHAEL COLE DRIVE FROM R-A, RESIDENTIAL AGRICULTURAL TO RI-U, RESIDENTIAL INTERMEDIATE - URBAN AND NS-L, NEIGHBORHOOD SERVICES -LIMITED 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 RI-U, Residential Intermediate -Urban and NS- L, Neighborhood Services -Limited subject to a Bill of Assurance. 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 N20/2021 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75444839 July 25, 2021