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HomeMy WebLinkAboutOrdinance 6518 OF FAYETrF 1111111111111111111111111111111111111111111111 `� Doc I70005 Type. R � o. m Kind: ngio,, , Wiihiglgilly15;46 /2022 at 03:37:46PM�ANn. 0 Page 1ofInty, AR Kyle Sylvester Circuit clerk 1 './j�7 4 RKANSPS 2022--0000 i V i3 File 113 West Mountain Street Fayetteville,AR 72701 (479)575-8323 ARCH I V E Ordinance: 6518 File Number: 2021-1032 RZN-2021-079(2978 N. OLD MISSOURI RD./KEENAN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-079 LOCATED AT 2978 NORTH OLD MISSOURI ROAD FOR APPROXIMATELY 4.88 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES-GENERAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville,Arkansas hereby changes the zone classification of the property shown on the map(Exhibit A)and the legal description(Exhibit B)both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family,4 Units Per Acre to NS-G,Neighborhood Services-General. 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 1/4/2022 Page 1 Printed on 1/5/22 Ordinance. 6518 File Number. 2021-1032 Attest: IRK Kara Paxton. City Clerk Treasurcr IgyEnEOLCE;� Page 2 Printed on 115122 RZN-2021-000079 Close Up View p_I ` O S U) G R-O OqK t c�lFF'ST NS-G K/HS•pL RI-12 i �\ o►-O W I RE RO Neighborhood Link - - - Trail (Proposed) _ Planning Area Fayetteville City Limits Y Keenan Subject Property Remain RSF-4 RSF-4 Feet 0 75 150 300 450 600 1 inch = 200 feet N-2021-000Q EXHIBIT W Zoning Acres NS-G 1.1 RSF-4 3.6 Total 4.7 RZN-2021-000079 EXHIBIT 'B' LEGAL DESCRIPTIONS PARCEL #765-16065-018 A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, ALL IN SECTION 36 TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, AND RUNNING S47°39'53"W 934.56 FEET AND S47°19'01"W 108.42 FEET TO THE POINT OF BEGINNING, AND RUNNING THENCE S47°19'01"W 927.89 FEETTO THE NORTHEASTERN RIGHT OF WAY OF OLD MISSOURI ROAD, AND RUNNING ALONG SAID RIGHT OF WAY THE FOLLOWING 3 COURSES: N11°30'52"W 191.94 FEET; N13°31'05"W 242.54 FEET; N14°27'45"W 35.17 FEET; THENCE LEAVING SAID RIGHT OF WAY ALONG A CURVE TURNING TO THE RIGHT, THROUGH AN ANGLE OF 75°00'11", HAVING A RADIUS OF 25.00 FEET, AND WHOSE LONG CHORD BEARS N39°58'50"E 30.44 FEET; THENCE N77°28'55"E 485.33 FEET; THENCE ALONG A CURVE TURNING TO THE LEFT, THROUGH 29°58'42", HAVING A RADIUS OF 175.00 FEET, AND WHOSE LONG CHORD BEARS N62-29'34"E 90.52 FEET; THENCE N47'30'13"E 157.03 FEET; THENCE S42°29'47"E 142.81 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 4.96 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. AREA TO BE RE -ZONED AS NS-G: A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, ALL IN SECTION 36, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, BEING MORE PAR5TICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, AND RUNNING S47°39'53"W 934.56 FEET; S47°19'01"W 108.42 FEET; N42°29'47"W 142.81 FEET; S47°30'13"W 157.03 FEET; ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 175.00 FEET AND A CHORD BEARING AND DISTANCE OF 362°29'34"W 90.52 FEET; AND S77°28'55"W 266.98 FEET TO THE TRUE POINT OF BEGINNING, AND RUNNING THENCE ALONG A CURVE TURNING TO THE LEFT, THROUGH AN ANGLE OF 00-23'24", HAVING A RADIUS OF 1364.56 FEET, AND A CHORD BEARING AND DISTANCE OF S12°53'45"W 9.29 FEET, THENCE S10°16'42"W 100.98 FEET; THENCE S08°47'24"W 52.15 FEET; THENCE ALONG A CURVE TURNING TO THE RIGHT, THROUGH AN ANGLE OF 12°37'42", HAVING A RADIUS OF 968.96 FEET, AND A CHORD BEARING AND DISTANCE OF S16°06'17"W 213.13 FEET; THENCE S28°43'07"W 40.89 FEET; THENCE S22°50'03"W 27.37 FEET; THENCE S23'36'51"W 55.19 FEET TO THE EASTERN RIGHT OF WAY OF OLD MISSOURI ROAD, AND RUNNING ALONG SAID RIGHT OF WAY THE FOLLOWING 3 COURSES: N11°30'52"W 138.64 FEET; N13°31'05"W 242.54 FEET; N14°27'45"W 23.77 FEET; THENCE LEAVING SAID RIGHT OF WAY S87'14'50"E 83.57 FEET; THENCE ALONG A CURVE TURNING TO THE LEFT, THROUGH AN ANGLE OF 25°31'32", HAVING A RADIUS OF 150.00 FEET, AND A CHORD BEARING AND DISTANCE OF N79°59'24"E 66.27 FEET; THENCE N67°13'38"E 59.92 FEET; THENCE N04°33'25"E 28.59 FEET; THENCE ALONG A CURVE TURNING TO THE RIGHT, THROUGH AN ANGLE OF O1°39'55", HAVING A RADIUS OF 608.69 FEET, AND A CHORD BEARING AND DISTANCE OF N05-23'23"E 17.69 FEET; THENCE N77°28'55"E 22.49 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 1.12 ACRES OR 48,858 SQUARE FEET, MORE OR LESS. AREA TO REMAIN RSF-4: A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, ALL IN SECTION 36, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, BEING MORE PARSTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, AND RUNNING S47°39'53"W 934.56 FEET AND 547-19'01"W 108.42 FEET TO THE TRUE POINT OF BEGINNING, AND RUNNING THENCE S47°19'01"W 927.89 FEET TO THE EASTERN RIGHT OF WAY OF OLD MISSOURI ROAD, AND RUNNING ALONG SAID RIGHT OF WAY Nl1°30'52"W 53.30 FEET; THENCE LEAVING SAID RIGHT OF WAY N23'36'51"E 55.19 FEET; THENCE N22°50'03"E 27.37 FEET; THENCE N28°43'07"E 40.89 FEET; THENCE ALONG A CURVE TURNING TO THE LEFT, THROUGH AN ANGLE OF 12°37'42", HAVING A RADIUS OF 968.96 FEET, AND A CHORD BEARING AND DISTANCE OF N16°06'17"E 213.13 FEET; THENCE N08'47'24"E 52.15 FEET; THENCE N10'16'42"E 100.98 FEET; THENCE ALONG A CURVE TURNING TO THE RIGHT, THROUGH AN ANGLE OF 00°23'24", HAVING A RADIUS OF 1364.56 FEET, AND A CHORD BEARING AND DISTANCE OF N12-53'45"E 9.29 FEET; THENCE N77°28'55"E 266.98 FEET; THENCE ALONG A CURVE TURNING TO THE LEFT, THROUGH AN ANGLE OF 29°58'42", HAVING A RADIUS OF 175.00 FEET, AND A CHORD BEARING AND DISTANCE OF N62°29'34"E 90.52 FEET; THENCE N47°30'13"E 157.03 FEET; THENCE S42°29'47"E 142.81 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 3.60 ACRES OR 156,962 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1032 Agenda Date: 1/4/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.3 RZN-2021-079 (2978 N. OLD MISSOURI RD./KEENAN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-079 LOCATED AT 2978 NORTH OLD MISSOURI ROAD FOR APPROXIMATELY 4.88 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES -GENERAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to NS-G, Neighborhood Services -General. 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 11512022 City of Fayetteville Staff Review Form 2021-1032 Legistar File ID 1/4/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 12/17/2021 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2021-000079: Rezone (2978 N. OLD MISSOURI RD./KEENAN, 253/254): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 2978 N. OLD MISSOURI RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 4.88 acres. The request is to rezone 1.12 acres to NS G, NEIGHBORHOOD SERVICES. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 4, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff FROM: Jonathan Curth, Development Services Director DATE: December 17, 2021 CITY COUNCIL MEMO SUBJECT: RZN-2021-000079: Rezone (2978 N. OLD MISSOURI RD./KEENAN, 253/254): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 2978 N. OLD MISSOURI RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 4.88 acres. The request is to rezone 1.12 acres to NS-G, NEIGHBORHOOD SERVICES. RECOMMENDATION: The Planning Commission and City staff recommend approval of the request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The proposed rezoning request is for approximately 1.12 acres of a larger 4.88 parcel located in northeast Fayetteville, one lot north of N. Old Missouri Road's intersection with E. Old Wire Road. The property is largely undeveloped, with its defining feature being the Keenan Treehouse, an 80-foot house visible above the site's tree canopy. A less -apparent characteristic of the property is a 36-inch water main that bisects the property from north to south. The property's low -density single-family zoning designation appears to have been in place since the property's 1967 annexation, and exists today as RSF-4, Residential Single-family, 4 Units per Acre. Request: The request is to rezone a portion of the property, totaling approximately 1.12 acres, from RSF-4, Residential Single-family, 4 Units per Acre to NS-G, Neighborhood Services — General. The intent is to use the extents of the existing NS-G zoning to the north as a guide and the large, buried water transmission line as a boundary between densities and land uses. That said, the applicant has not shared a specific plan other than to develop this area similarly to property zoned NS-G to the north, which is itself currently undeveloped. Public Comment: Staff has received inquiries about the request, but no comment in opposition or favor of the proposal. Land Use Compatibility: Staff finds the proposed zoning to be compatible with the variety of surrounding land uses, both existing and potential. The NS-G zoning district is intended to serve as both a means to encourage small-scale mixed use into residential areas and to introduce purely nonresidential or medium density residential developments in to existing or single use neighborhoods. NS-G allows residential structures of no more than three stories, no more than Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 four attached units, and heightened setbacks when adjacent to a single-family property. Similarly, nonresidential units are subject to the same height and setback standards while also being limited to 8,000 square feet for commercial uses. On the subject property, these standards will encourage development closer to N. Old Missouri Road where it can complement the nonresidential, institutional, and attached residential housing already present on the street. Land Use Plan Analysis: The proposed zoning is consistent with the Future Land Use Map designation of this property as a City Neighborhood Area. The NS-G zoning district at this location will encourage a pattern of development that includes an expectation that buildings will address the street and non-residential uses be located along major corridors. A mixture of residential and commercial uses is typical in the traditional urban pattern that informs the City Neighborhood Area designation, and NS-G offers this at a smaller scale and lower intensity more fitting for an established part of Fayetteville. In an infill area like the subject property, it is appropriate to establish entitlements that promote compact, complete, and connected neighborhoods as a foundation to reducing vehicle trips and leveraging existing infrastructure. Staff finds rezoning to NS-G will encourage an environment that is appealing to pedestrians and reduce the visual impact of parking areas. Further, as a property outside the Hillside -Hilltop Overlay district, with no hydric soils, no protected streams, and no FEMA floodplain, the site presents an ideal opportunity for appropriately scaled development outside of designated sensitive areas. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6-7 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #5, 2979 N. Crossover Rd.) • Near Sewer Main (E. Wilkins PI.) • Near Water Main (N. Old Missouri Rd.) • Near School (Butterfield Elementary) • Near City Park (Gulley Park) • Near Paved Trail (Niokaska Trail) • Appropriate Future Land Use (City Neighborhood) DISCUSSION: At the December 13, 2021 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Belden made the motion and Commissioner Canada seconded. Commissioners commented on the large numbers of homes in the area with limited access to goods and services without driving to College. Additionally, it was asserted that developing the property may improve overall walkability in the area. No public comment was made at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Planning Commission Staff Report RZN-2021-000079 Close Up View O 4 3 NN O R-O O � � HS•PL - NS-G OP WIRE RD , Neighborhood Link Trail (Proposed) Planning Area ;- - - Fayetteville City Limits Keenan Subject Property Remain RSF-4 Feet 0 75 150 300 450 1 inch = 200 feet RSF-4 M. N-2021-000079 EXHIBIT 'A' NORTH Zoninq Acres NS-G 1.1 RSF-4 3.6 Total 4.7 RZN-2021-000079 EXHIBIT 'B' LEGAL DESCRIPTIONS PARCEL #765-16065-018 A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, ALL IN SECTION 36 TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, AND RUNNING S47°39'53"W 934.56 FEET AND S47°19'01"W 108.42 FEET TO THE POINT OF BEGINNING, AND RUNNING THENCE S47°19'01"W 927.89 FEET TO THE NORTHEASTERN RIGHT OF WAY OF OLD MISSOURI ROAD, AND RUNNING ALONG SAID RIGHT OF WAY THE FOLLOWING 3 COURSES: N11°30'52"W 191.94 FEET; N13°31'05"W 242.54 FEET; N14°27'45"W 35.17 FEET; THENCE LEAVING SAID RIGHT OF WAY ALONG A CURVE TURNING TO THE RIGHT, THROUGH AN ANGLE OF 75°00'11", HAVING A RADIUS OF 25.00 FEET, AND WHOSE LONG CHORD BEARS N39°58'50"E 30.44 FEET; THENCE N77°28'55"E 485.33 FEET; THENCE ALONG A CURVE TURNING TO THE LEFT, THROUGH 29°58'42", HAVING A RADIUS OF 175.00 FEET, AND WHOSE LONG CHORD BEARS N62-29'34"E 90.52 FEET; THENCE N47°30'13"E 157.03 FEET; THENCE S42°29'47"E 142.81 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 4.96 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. AREA TO BE RE -ZONED AS NS-G: A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, ALL IN SECTION 36, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, BEING MORE PAR5TICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, AND RUNNING S47°39'53"W 934.56 FEET; S47°19'01"W 108.42 FEET; N42°29'47"W 142.81 FEET; S47°30'13"W 157.03 FEET; ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 175.00 FEET AND A CHORD BEARING AND DISTANCE OF 362°29'34"W 90.52 FEET; AND S77°28'55"W 266.98 FEET TO THE TRUE POINT OF BEGINNING, AND RUNNING THENCE ALONG A CURVE TURNING TO THE LEFT, THROUGH AN ANGLE OF 00°23'24", HAVING A RADIUS OF 1364.56 FEET, AND A CHORD BEARING AND DISTANCE OF S12°53'45"W 9.29 FEET; THENCE S10°16'42"W 100.98 FEET; THENCE S08°47'24"W 52.15 FEET; THENCE ALONG A CURVE TURNING TO THE RIGHT, THROUGH AN ANGLE OF 12°37'42", HAVING A RADIUS OF 968.96 FEET, AND A CHORD BEARING AND DISTANCE OF S16°06'17"W 213.13 FEET; THENCE S28°43'07"W 40.89 FEET; THENCE S22°50'03"W 27.37 FEET; THENCE S23°36'51"W 55.19 FEET TO THE EASTERN RIGHT OF WAY OF OLD MISSOURI ROAD, AND RUNNING ALONG SAID RIGHT OF WAY THE FOLLOWING 3 COURSES: N11°30'52"W 138.64 FEET; N13°31'05"W 242.54 FEET; N14°27'45"W 23.77 FEET; THENCE LEAVING SAID RIGHT OF WAY S87°14'50"E 83.57 FEET; THENCE ALONG A CURVE TURNING TO THE LEFT, THROUGH AN ANGLE OF 25°31'32", HAVING A RADIUS OF 150.00 FEET, AND A CHORD BEARING AND DISTANCE OF N79°59'24"E 66.27 FEET; THENCE N67°13'38"E 59.92 FEET; THENCE N04°33'25"E 28.59 FEET; THENCE ALONG A CURVE TURNING TO THE RIGHT, THROUGH AN ANGLE OF 01°39'55", HAVING A RADIUS OF 608.69 FEET, AND A CHORD BEARING AND DISTANCE OF N05°23'23"E 17.69 FEET; THENCE N77°28'55"E 22.49 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 1.12 ACRES OR 48,858 SQUARE FEET, MORE OR LESS. AREA TO REMAIN RSF-4: A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, ALL IN SECTION 36, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, BEING MORE PARSTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, AND RUNNING S47°39'53"W 934.56 FEET AND S47°19'01"W 108.42 FEET TO THE TRUE POINT OF BEGINNING, AND RUNNING THENCE S47°19'01"W 927.89 FEET TO THE EASTERN RIGHT OF WAY OF OLD MISSOURI ROAD, AND RUNNING ALONG SAID RIGHT OF WAY N11°30'52"W 53.30 FEET; THENCE LEAVING SAID RIGHT OF WAY N23°36'51"E 55.19 FEET; THENCE N22°50'03"E 27.37 FEET; THENCE N28°43'07"E 40.89 FEET; THENCE ALONG A CURVE TURNING TO THE LEFT, THROUGH AN ANGLE OF 12°37'42", HAVING A RADIUS OF 968.96 FEET, AND A CHORD BEARING AND DISTANCE OF N16°06'17"E 213.13 FEET; THENCE N08°47'24"E 52.15 FEET; THENCE N10°16'42"E 100.98 FEET; THENCE ALONG A CURVE TURNING TO THE RIGHT, THROUGH AN ANGLE OF 00°23'24", HAVING A RADIUS OF 1364.56 FEET, AND A CHORD BEARING AND DISTANCE OF N12°53'45"E 9.29 FEET; THENCE N77°28'55"E 266.98 FEET; THENCE ALONG A CURVE TURNING TO THE LEFT, THROUGH AN ANGLE OF 29°58'42", HAVING A RADIUS OF 175.00 FEET, AND A CHORD BEARING AND DISTANCE OF N62°29'34"E 90.52 FEET; THENCE N47°30'13"E 157.03 FEET; THENCE S42°29'47"E 142.81 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 3.60 ACRES OR 156,962 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. 1p".- - TO: FROM: CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS MEETING DATE City of Fayetteville Planning Commission Jonathan Curth, Development Services Director December 13, 2021 (Updated with Planning Commission Results) SUBJECT: RZN-2021-000079: Rezone (2978 N. OLD MISSOURI RD./KEENAN, 253/254): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 2978 N. OLD MISSOURI RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 4.88 acres. The request is to rezone 1.12 acres to NS-G, NEIGHBORHOOD SERVICES. RECOMMENDATION: Staff recommends forwarding RZN-2021-000079 to the City Council with a recommendation of approval, based on the findings herein. RECOMMENDED MOTION: "I move to forward RZN-2021-000079 to City Council with a recommendation for approval." BACKGROUND: The proposed rezoning request is for approximately 1.12 acres of a larger 4.88 parcel located in northeast Fayetteville, one lot north of N. Old Missouri Road's intersection with E. Old Wire Road. The property is largely undeveloped, with its defining feature being the Keenan Treehouse, an 80 foot house visible above the site's tree canopy. A less -apparent characteristic of the property is a 36-inch water main that bisects the property from north to south. The property's low -density single-family zoning designation appears to have been in place since the property's 1967 annexation, and exists today as RSF-4, Residential Single-family, 4 Units per Acre. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped NS-G, Neighborhood Services, General; RSF-4, Residential Single -Family, 4 Units per Acre South Oak Manor Christian Church RSF-4, Residential Single -Family, 4 Units per Acre East Oak Manor Christian Church RSF-4, Residential Single -Family, 4 Units per Acre First Church of the Nazarene; R-O, Residential Office; West Two-family Residential RSF-4, Residential Single-family, 4 Units per Acre; RI-12, Residential Intermediate, 12 Units per Acre Request: The request is to rezone a portion of the over all property, totaling approximately 1.12 acres, from RSF-4, Residential Single-family, 4 Units per Acre to NS-G, Neighborhood Services — General. The intent is to use the extents of the existing NS-G zoning to the north as a guide and the large, buried water transmission line as boundary between densities and land uses. That Planning Commission December 13, 2021 Agenda Item 22 RZN-21-000079 Keenan Page 1 of 15 said, the applicant has not shared a specific plan other than to develop this area similarly to property zoned NS-G to the north, which is itself currently undeveloped. Public Comment: Staff has received inquiries about the request, but no comment in opposition or favor of the proposal. INFRASTRUCTURE: Streets: The subject area has frontage along N. Old Missouri Road, a partially improved Neighborhood Link street with asphalt paving, curb and gutter and sidewalk along the west side of the street. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject area. An existing 6-inch water main is present on the west side of N. Old Missouri Road. Additionally, a 36-inch transmission main crosses the property, but is not accessible for connection. Sewer: Sanitary Sewer is not immediately available to the subject area. The nearest sanitary sewer main is approximately 200 feet to the southwest. Drainage: No part of the parcel lies within the Hillside Hilltop Overlay District (HHOD), a FEMA designated floodplain, a Streamside Protection Zone, or in an area of hydric soils. Any additional improvements or requirements for drainage will be determined at time of development. Fire: Station 5, located at 2979 N. Crossover Road, protects this site. The property is located approximately 1.3 miles from the fire station with an anticipated drive time of approximately 3 minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. This is within the response time goal of 6 minutes for an engine and the 8-minute response time goal for a ladder truck. Police: The Police Department did not express any concerns with this request. Tree Preservation: The proposed zoning district of NS-G, Neighborhood Services -General requires 20% minimum canopy preservation. The current zoning district of RSF-4, Residential Single-family, 4 Units per Acre 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 primarily as a City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single family to multi -family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. Planning Commission December 13, 2021 Agenda Item 22 RZN-21-000079 Keenan Page 2 of 15 CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a mixed score of 6-7 for this site, with a weighted score of 7_5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #5, 2979 N. Crossover Rd.) • Near Sewer Main (E. Wilkins PI.) • Near Water Main (N. Old Missouri Rd.) • Near School (Butterfield Elementary) • Near City Park (Gulley Park) • Near Paved Trail (Niokaska Trail) • Appropriate Future Land Use (City Neighborhood) • Within Master Plan Area (Fayette Junction Neighborhood Plan) 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: Staff finds the proposed zoning to be compatible with the variety of surrounding land uses, both existing and potential. The NS-G zoning district is intended to serve as both a means to encourage small-scale mixed use into residential areas and to introduce purely nonresidential or medium density residential developments in to existing or single use neighborhoods. NS-G allows residential structures of no more than three stories, no more than four attached units, and heightened setbacks when adjacent to a single-family property. Similarly, nonresidential units are subject to the same height and setback standards, and are limited to 8,000 square feet for commercial uses. On the subject property, these standards will encourage development closer to N. Old Missouri Road where it can complement the nonresidential, institutional, and attached residential housing already present on the street. Land Use Plan Analysis: The proposed zoning is consistent with the Future Land Use Map designation of this property as a City Neighborhood Area. The NS-G zoning district at this location will encourage a pattern of development that includes an expectation that buildings will address the street and non- residential uses be located along major corridors. A mixture of residential and commercial uses is typical in the traditional urban pattern that informs the City Neighborhood Area designation, and NS-G offers this at a smaller scale and lower intensity more fitting for an established part of Fayetteville. In an infill area like the subject property, it is appropriate to establish entitlements that promote compact, complete, and connected neighborhoods as a foundation to reducing vehicle trips and leveraging existing infrastructure. Staff finds rezoning to NS-G will encourage an environment that is appealing to pedestrians and reduce the visual impact of parking areas. Further, as a property outside the Hillside -Hilltop Overlay district, with no hydric soils, no protected streams, and no FEMA floodplain, the site presents an ideal opportunity for appropriately -scaled development outside of designated sensitive areas. Planning Commission December 13, 2021 Agenda Item 22 RZN-21-000079 Keenan Page 3 of 15 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff believes that there is sufficient justification for rezoning the property to NS-G. The compatibility of the request with adjacent properties and the general alignment of the request with the Future Land Use Map and City Plan 2040's goals suggest a rezoning to allow limited nonresidential and more diverse residential development at this location is suitable and justified. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The property's location between multiple streets that connect to nearby major corridors suggests traffic to and from this property will be dispersed, thereby limiting congestion. Similarly, four accidents have been reported between 2015-2019 along this property's approximately 500-foot frontage of N. Old Missouri Road. Expanding further, none of the accidents reported over the same period, from E. Rolling Hills Drive to the north to N. Old Wire Road in the south have indicated injury. Combined, these factors suggest to staff that there is not a present traffic danger nor reason to anticipate one. 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 RSF-4 to NS-G undoubtably carries an associated potential to increase population density, as NS-G increases the allowed density from four to 18 units per acre. With immediate access to water and sanitary sewer in near proximity, staff does not anticipate a need for lengthy main extensions that may pose a heightened maintenance issue into the future. Additionally, staff has received no comment from the Fayetteville School District. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2021-000079 to the City Council with a recommendation of approval. Planning Commission December 13, 2021 Agenda Item 22 RZN-21-000079 Keenan Page 4 of 15 PLANNING COMMISSION ACTION: Required YES Date: December 13, 2021 O Tabled ® Forwarded O Denied (Motion: Belden, recommending approval (Second: Canada j Vote: 9-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 — RSF-4, Residential Single-family, 4 Units per Acre o §161.19 — Neighborhood Services -General • Request letter • Zoning Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission December 13, 2021 Agenda Item 22 RZN-21-000079 Keenan Page 5 of 15 161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 1 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per 8,000 square feet 6,000 square feet dwelling unit Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit Planning Commission December 13, 2021 Agenda Item 22 RZN-21-000079 Keenan Page 6 of 15 (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 13 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15- 19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Planning Commission December 13, 2021 Agenda Item 22 RZN-21-000079 Keenan Page 7 of 15 161.19 NS-G, Neighborhood Services - General (A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium intensity. Neighborhood Services, General 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-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12b I General business Unit 24 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 1 Eating places Unit 16 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. Eighteen (18) or less per acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 35 feet All other uses None Mailing Address: Planning Commission 113 W. Mountain Street www.fayette9flfW_V.�d� , 2021 Fayetteville, AR 72701 Agenda Item 22 RZN-21-000079 Keenan Page 8 of 15 (2) Lot Area Minimum. Single-family 4,000 square feet Two (2) family or more 3,000 square feet per dwelling unit All other uses None (E) Setback regulations. Front Side Side -Zero Lot Line* Rear Rear when contiguous to a single-family residential district A build -to zone that is 5 feet A setback of less than 5 None 15 feet located between the feet (zero lot line) is front property line and a permitted on one line 25 feet from the interior side, provided a front property line. maintenance agreement is filed**. The remaining side setback(s) shall be 10 feet. (F) Building Height Regulations. Building Height Maximum 13 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945, §7(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6427 , §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Planning Commission December 13, 2021 Agenda Item 22 RZN-21-000079 Keenan Page 9 of 15 JORGENSEN +ASSOCIATES Civil Engineering Surveying November 23, 2021 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: Kennan Rezoning RZN-2021-000079 Request Letter This letter is in regards to a proposed rezoning and the following required information: A. The current owner of this site is as follows: 124 W Sunbrldge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 Fax: 479.582.4807 www.jorgensenassoc.com a. 765-16065-018 (JTK Trust) 4.88 acres but we are looking to rezone only 1.20 acres. B. Currently this property is zoned RSF-4. The reason for the requested NSG (Neighborhood Services General) zoning is to develop the site similar to the NSG north of it. C. The properties to the north are zoned NSG, to the east is RSF-4, South is RSF-4, and to the west there are numerous properties nearby that are zoned RI-12, RSF-4 & R-o FF-24 which are similar zonings in use and intensity. We feel the proposed use of NSG will not adversely impact adjacent land uses and is in close proximity to adequate roads for ingress and egress. It would be an adequate use for this area. D. Existing water and sewer already installed to serve these lots. E. We feel the requested zoning is in line with the goals of the City Plan 2030 for rezoning and development. F. NSG fits in to similar properties in the area. G. Numerous Roads in close proximity and will have ample capacity to carry the traffic. H. The potential to increase the population density in this area as a result of this rezoning would not undesirably increase load on public services. I. NSG is an appropriate zoning for this area. Please review this application and let us know if there are any questions that we may be able to answer. Thanks. Jorgensen + Associates Planning Commission December 13, 2021 Agenda Item 22 RZN-21-000079 Keenan Page 10 of 15 N Z N 0 O (p 3 (Q 4 Q CD C CID CID W O 7 3 NO N N N 1. CURRENT ZONING: NS-G & RI 2. PARCEL NUMBER: 765-1609-018. 3. OWNER & DEVELOPER: JTK MUST; JAMES T. & JAMES F. KEENAN -2978 NORTH OLD MISSOURI ROAD, FAWIFTENMU, ARE 4. ROTATION BASED ON ARKANSAS STALE PLANE GRID NORTH ZONE (NAD83). 5. BOUNDARY BASED ON CONCURRENT PLAT FOR JAMES KEENAN FILED AS INSTRUMENT #024A-00000251. 6. THIS PROPERTY IS NOT AFFECTED BY ME 100 YEAR ROOD PLAIN AS PER FIRM #05143CO210F DATED MAY 16, 2008. 7. CITY PLAT BOOK PAGE 253 & 254 RZN-2021-000079 Zoning Exhibit N GRAPHIC SCALE ( IN FEET ) W E 1 inch = 50 ft S F 765-16065-020 (ZONING: RSF4) 765-16065-020 (ZONING: RSF-4) NE CORNER SW 1/4, NE 1/4 36-17-30 FOUND STONE POINT OF COMMENCEMENT ALL DESCRIPTIONS Qom- a/ PARCEL#765-16065-018 37 765-16665-020 & AREA TO REMAIN RSF-4 P` L: (ZoxING: RSF-4) R: 17^a/ / 75.05.00' (ZO9-000 Pl'98' (ZONING: flSF-4) 765-16065-120 I (N 77 28.5'4 a 'y (ZONING: NI 2249. POINT OF BEGINNING P AREA TO BE RE -ZONED NS-G PL' L=9.29' a L=1].69' R=1364.56' P�P19586R=608.fi9' �m / 'n t1\ L: 32.73' R=15000 5' S9< / 'Lp�'11 R: 25.00' lON\N SbN \335 I TOWER a \q 4 71' I GPSFx '..I n d4: N14 2 'a5"W F9�i°i4'Sa'u9 g 3]'' 35.17' ��mf \1is IO` A 765-11111-000 1 u (ZONING: RI & R-0) t ]65-160fi0 R- (ZONING'. RSF-0d R-O) G p 9\1!j AWN 1 7 v f _ 1 p e y\Y O A 765-16061-1261 I (ZONING: RT-12) A Propoed to NS-G I ]OWING: 1-100 1 (ZONING: RT-12) 1/1X`/S' ]fi5-1fi061-101 (ZONING; RT-12) 1 36-17-30 Part Of 765-16059-ON NE 1/4 SW 1/4 X (ZONING: RSH) SWCORNER ' SW1/4, NE1/4 3'I7-30 FOUND STONE 765-16051-U00 S BONING: RSF4) PARCEL #765-16065-018 215,929 SO. FEET± 4.96 ACRES -_ 765-16059-OW (ZONING: RSFA) PARCEL #765-16065-018 APART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, PART OFTHE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST OUARTER OF THE SOUTHWEST QUARTER, ALL IN SECTION 36 TOWNSHIP 17 NORTH, RANGE 3O WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AN FOLLOWS: COMMENCING ATTHE NORTHEAST CORNER OF THE SAID SCUTHV/EST QUARTER OFTHE NORTHEAST QUARTER, AND RUNNING S4T'39'SM 934.56 FEET AND S4719'01N! 108.42 FEET TO THE POINT OF BEGINNING, AND RUNNING THENCE 54i19015V ENS9 FEET TO THE NORTHEASTERN RIGHT OF WAY OF OLD MISSOURI ROAD, AND RUNNING ALONG SAID RIGHT OF WAY ME FOLLOWING 3 COURSES; N111052W 191.94 FEET; N13'31'C5'W 242 54 FEET: N142745W 35.1] FEET: THENCE LEAVING SAID RIGHT OF WAY ALONG A CURVE TURNING TO THE RIGHT, THROUGH AN ANGLE OF 75'OV11', HANNG A RADIUS OF 25.00 FEET, AND WHOSE LONG CHORD BEAR$ N39'H50"E UG44 FEET; THENCE N771855"E 485.33 FEET; THENCE ALONG A CURVE TURNING TO THE LEFT, THROUGH 29-5642, HAVING A RADIUS OF 175.00 FEET, ANO WHOSE LONG CHORD BEARS N6219N'E 90.52 FEET; THENCE N47-30'13E 15].03 FEET; THENCE S4219'47'E 142.81 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 4.96 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. AREA TO BE HEZONEDAS NS-G: APART OF THE SOUTHWEST QUARTER OF THE NORTHEAST OUARTER, A PART OF THE NORTHEAST QUARTER OF ME SOUTHWEST QUARTER AND APART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, ALL IN BECTON 36, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, BEING MORE PAR5TICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE NORTHEAST CORNER OF THE SAID SOUTHWEST QUARTER OFTHE NORTHEAST DUARTER, AND RUNNING S4rM'S3V 934.56 FEET; S47'1901'W 100 42 FEET; N4219'47'W 142.81 FEET', S47'30'1 NW 157,03 FEFT; ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 175.00 FEET AND A CHORD BEARING AND DISTANCE OF-29'34'4N 90.52 FEET; AND 577-2855"W 266.98 FEET TO THE TRUE POINT OF BEGINNING, AND RUNNING THENCE ALONG A CURVE TURNING TO THE LEFT, THROUGH AN ANGLE OF 00-2324" HAVING A RADIUS OF 1364.56 FEET, AND A CHORD BEARING AND DISTANCE OF SI2'53'45"W 929 FEET; THENCE SI016'42"W 100.98 FEET; THENCE S08"4724W 52.15 FEET; THENCE ALONG A CURVE TURNING TO THE RIGHT, THROUGH AN ANGLE OF 12'3T42', HAVING A RADIUS OF 968.96 FEET. AND A CHORD BEARING AND DISTANCE OF S16°06'17W 213.13 FEET; THENCE 52W4397V 40.89 FEET; THENCE 522'5G03"W 27.37 FEET; THENCE 523"3651 V/ 5519 FEET TO THE EASTERN RIGHT OF WAY OF OLD MISSOURI ROAD, AND RUNNING ALONG SAID RIGHT OF WAY THE FOLLOWING 3 COURSES: N11'30'S2"W 138.64 NET, El Y31.05V 242.54 FEET; N14'2745"W 2-FEET THENCE LEAVING SAID RIGHT OF WAY SB7°14'S9E 83.57 FEET; THENCE ALONG A CURVE TURNING TO THE LEFT THROUGH AN ANGLE OF 25-3132", HAVING A RADIUS OF 150.00 FEET, AND A CHORD BEARING AND DISTANCE OF N79S924'E 66.27 FEET; THENCE N67-1338E 59.92 FEET; THENCE N0413'25E 28.59 FEET; THENCE ALONG A CURVE TURNING TOME RIGHT, THROUGH AN ANGLE OF 01-3955", HAVING A RADIUS OF 608.69 FEET, AND A CHORD BEARING PND DISTANCE OF N05-23231 17,69 FEET; THENCE N77-28'55"E 22.49 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 1.12 ACRES OR 48,858 SQUARE FEET. MORE OR LESS. AREA TO REMAIN RSF.4: A PART OF THE SOUTHWEST QUARTER OF THE NOR EAST QUARTER, A PART OF THE NORTHEAST OUARTER OF THE SOUTHWEST QUARTER AND A PART OF THE SOUTHEAST GUARTER OF THE NORTHWEST QUARTER ALL IN SECTION 36 TOWNSHIP 17 NORTH RANGE 30 WEST WASHINGTON COUNTY BEING MORE PAR5TICULADLY DESCRIBED AS FOLLOWS'. COMMENCING AT THE NORTHEAST CORNER OF THE SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, AND RUNNING S4T39'53W 934.56 FEET AND G4 9-01'W 108.42 FEET TO THE TRUE POINT OF BEGINNING, AND RUNNING THENCE S47.19.01 V 927 89 FEET TO THE EASTERN RIGHT OF WAY OF OLD MISSOURI ROAD, AND RUNNING ALONG END RIGHT OF WAY N11°3052"W 53.30 FEET; THENCE LEAVING SAID RIGHT OF WAY N23'36511E 55.19 FEET', THENCE N22-5903-E 27.37 FEET; THENCE N28'43O7'E 40.89 FEET; THENCE ALONG A CURVE TURNING TO ME LEFT, THROUGH MANGLE OF 121742', HAVING A RADIUS OF 968,96 FEET, AND A CHORD BEARING AND DISTANCE OFN16°O6'1TE 213.13 FEET; THENCE N08°4)R4'E 52.15 FEET; THENCE N10'16'42-E 100.98 FEET; THENCE ALONG A CURVETURNING TO THE RIGHT, THROUGH AN ANGLE OF OV23'24', HAVING A RADIUS OF 1364.56 FEET, AND A CHORD BEARING AND DISTANCE OF N12-63'RST 9.29 FEET; THENCE N-855-E 266.98 FEET; THENCE ALONG A CUM TURNING TO THE LEFT, THROUGH MANGLE OF 29'5842", HAVING A RADIUS OF 175.00 FEET, AND A CHORD BEARING AND DISTANCE OF N62°29'34'E 90.52 FEET; THENCE N47'3913'E 157.03 FEET', THENCE S42-2947E 142.81 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 3.60 ACRES OR 156,962 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. RZN-2021-000079 One Mile View ROLLING jt ILLS DR Keenan 0 0.125 0.25 0.5 Miles TOWNSHIP ST Regional Link Neighborhood Link Planned Neighborhood Link — — — Shared -Use Paved Trail - - - Trail (Proposed) �- - -, Fayetteville City Limits Planning Area Planning Area Fayetteville City Limits ■ ■ RSF-4 NORTH 1 Y } ARE RD f. QLU O�O o� I a� 1 m 1 / 'd I AlI Subject Property / RPZD / O / N ! N Z O n do i op o. Zoning RESIDENTIAL SINGLE-FAMILY Y Genera In .-I EXTRACTION NI-G E-1 Ri-u COMMERCIAL Ritz Res noe�ofnae W NB-L C Resitlentiel-ggriaulturel title C- RSF-.5 �C3 RSF-t FORM BASED DISTRICTS RSF-Y Co re RBF4 ur rougnfnre RSF-1 �Mal�n 9Treet Center RSF-s �oowmown Generni RSF-ta cororonmry servmes RES ID ENTIAL MULTIFAMILY Neignoomootl Services Nel:'—ftotl Conservntlon tl PLANNED ZONING DISTRICTS RIF-24 .ro rnn I tln ,W R-tlent. INS R.F-4o PITUTIONAL INDUSTRIAL Planning Co ro ronI— Lgntntl,WW m 3. ssion 2021 Agenda Item 22 RZN-21-000079 Keenan Page 12 of 15 RZN-2021-000079 Keenan Close Up View Subject Property] �'FIC• n � t Proposed RSF-4 N S-G PL ti RI-1 2 t OLD WIRE Rp` Neighborhood Link Trail (Proposed) Planning Area ;- - - Fayetteville City Limits Feet 0 75 150 300 450 1 inch = 200 feet RSF-4 M. A& NORTH Zoninq Acres NS-G 1.1 RSF-4 3.6 Total 4.7 Planning n,. ssion 2021 Agenda Item 22 RZN-21-000079 Keenan Page 13 of 15 RZN-2021-000079 Current Land Use Institutional Keenan NORTH Undeveloped Subject Property^^. Single Family Residential D WIRE R� Single Family Residential it Neighborhood Link Planned Neighborhood Link Feet - - - Trail (Proposed) 0 112.5 225 450 675 Planning Area 1 inch = 300 feet L — — ' Fayetteville City Limits FEMA Flood Hazard Data too -Year Floodplain Floodway Planning Conlmission ^ p1owbop13, 2021 Agenda Item 22 RZN-21-000079 Keenan Page 14 of 15 RZN-2021-000079 Future Land Use FURMAN ST— ROLLING HILI QgkC41, N Q 2 O 2 )Q Q 2 C.) OQ U �Q Neighborhood Link Planned Neighborhood Link Planning Area �- - -, Fayetteville City Limits Trail (Proposed) Civic and Private Open Space 0 145 290 Keenan ♦' Residential Neighborhood F r z STRAVV. O?,1 OLD WIRERO \STANWYK�D I OR �•( GROVE CIRBONNE O � r m Feet 580 870 1,160 1 inch = 400 feet NORTH Natural City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center ssion 2021 Agenda Item 22 RZN-21-000079 Keenan Page 15 of 15 MAROW Demomt � P,r-' 3CJX!607,rA-"ET LVILLL,AP,72702-j79-442-17OC-FAlS:,179.895.1118,- WWW.NV,ADG.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 6518 Was inserted in the Regular Edition on: January 9, 2022 Publication Charges: $89.68 & S- Brittany'Smith Subscribed and sworn to before me This 1-0 day of �,�, 2022. cazxl' / 1• I/ Notary Public v V - �� My Commission Expires: **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: 6518 Fite Number: 2021-1032 RZN-2021-079 (2978 N. OLD MISSOURI RD./KEENAN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-079 LOCATED AT 2978 NORTH OLD MISSOURI ROAD FOR APPROXIMATELY 4.88 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES - BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Departments Agenda Memo from RSF- 4, Residential Single Family, 4 Units Per Acre to NS-G, Neighborhood Services - Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 1/42022 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer Paid for byThe City Clerk -Treasurer of the City of Fayetteville, AR Amount paid: $89.68. 75505774 Jan 9,2022 OF FAYE,TF � L 1 4 _ • i� G li 441 ANSPS 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6518 File Number: 2021-1032 RZN-2021-079 (2978 N. OLD MISSOURI RD./KEENAN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-079 LOCATED AT 2978 NORTH OLD MISSOURI ROAD FOR APPROXIMATELY 4.88 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES -GENERAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to NS-G, Neighborhood Services -General. 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 1/4/2022 Page 1 Printed on 115122 Ordinance: 6518 File Number: 2021-1032 Approved: Lioneld Jordan, Mayor Page 2 Attest: Kara Paxton, City Clerk Treasurer Printed on 115122 This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount paid: $ 89.68