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HomeMy WebLinkAboutOrdinance 66600 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6660 File Number: 2023-685 RZN-2023-0008: REZONING (W. OF W. GEYSER STMENDERSON, 437) DIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 230004 Type: FEL Kind: ORDINANCDIWNCE Recorded: 30.00 Pace at 02:62:27 PN Fee Washington $30.00 Pape 1 of 6 Kyle Sylvester County, HF Kyle Sylvester Circuit Clark F13e2023-00013193 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN-2023-008 LOCATED WEST OF WEST GEYSER STREET IN WARD 4 FOR APPROXIMATELY 5.14 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE AND R-A, RESIDENTIAL AGRICULTURAL 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-12, Residential Intermediate, 12 Units Per Acre and R-A, Residential Agricultural. 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 May 2, 2023 Page 1 Attest: Kara Paxton, City Cleft Treasurer RZN-2023-0008 Exhibit 'B' OVERALL DESCRIPTON (WASHINGTON CO. PARCEL NO. 765-1619-001) PURSUANT TO AN ON THE GROUND RETRACEMENT OF THE DESCRIPTION PRESENTED WITH THE WARRANTY DEED RECORDED AS DOCUMENT 9401SS38 IN THE REAL ESTATE RECORDS OF WASHINGTON COUNTY, ARKANSAS. THE BASIS OF NORTH & WEST BOUNDARIES OF SAID DESCRIPTION SOURCES TO THE PLAT OF SURVEY RECORDED AS REAL ESTATE FILE ODR3-00000018. A PART OF THE NORTHWEST QUARTER (NW/4) OF THE SOUTHEAST QUARTER (SE/4) OF SECTION 11, TOWNSHIP 16 NORTH (T16N), RANGE 31 WEST (R31W) OF THE FIFTH PRINCIPAL MERIDIAN (5TH PM), CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST (NE) CORNER OF SAID NW/4 OF THE SE/4, AN UN -MARKED POINT ACCORDING TO ARKANSAS HIGHWAY COMMISSION RIGHT-OF-WAY JOB NO. 040423; THENCE NORTH 87°45'S7" WEST (DEED RECORD WEST) ALONG THE NORTH LINE OF SAID NW/4 OF THE SE/4, A DISTANCE OF 356.54 (DEED RECORD 354.6) FEET; THENCE SOUTH 02°29'20" WEST (DEED RECORD SOUTH) ALONG THE EAST LINE OF LOT 2 OF KJELDSEN'S SUBDIVISION AND THE PROJECTION THEREFORE, FOR A DISTANCE OF 35.08 FEET PASSING THE NE CORNER OF SAID LOT 2 AND CONTINUING AN ADDITIONAL DISTANCE OF 16.77 FEET PASSING A 2-INCH DIAMETER ALUMINUM CAPPED REBAR EMBOSSED LS1201 AT THE SOUTH RIGHT-OF-WAY OF HIGHWAY 16 PER ARKANSAS HIGHWAY COMMISSION JOB NO. 040423 AND CONTINUING FOR A TOTAL DISTANCE OF 335.36 (DEED RECORD 335.75) FEET TO THE SOUTHEAST (SE) CORNER OF SAID LOT 2 AND THE POINT OF BEGINNING; THENCE SOUTH 02°26'40" WEST (DEED RECORD SOUTH) PARALLEL TO THE EAST LINE OF AFOREMENTIONED SURVEY IN REAL ESTATE FILE ODR3-00000018 AS RETRACED, FOR A DISTANCE OF 743.78 (DEED RECORD 743.0) FEET TO THE THALWEG OF OWL CREEK AS SURVEYED ON 15 FEBRUARY 2023; THENCE UPSTREAM WITH SAID THALWEG OF OWL CREEK AND THE SOUTH BOUNDARY OF HEREIN DESCRIBED TRACT THE FOLLOWING TWELVE (12) CALLS: 1) NORTH 61°28'43" WEST, 9.67 FEET; 2) NORTH 60°15'33" WEST, 24.36 FEET; 3) SOUTH 86°18'21" WEST, 27.67 FEET; 4) NORTH 85°47'40" WEST, 42.43 FEET; 5) SOUTH 51°58'03" WEST, 16.98 FEET; 6) SOUTH 76°56'11" WEST, 19.61 FEET; 7) SOUTH 59°58'15" WEST, 12.54 FEET; 8) SOUTH 85°01'05" WEST, 21.10 FEET; 9) NORTH 77°20'12" WEST, 48.18 FEET; 10) SOUTH 67°39'25" WEST, 38.62 FEET; 11) SOUTH 88°06'52" WEST, 45.70 FEET; 12) SOUTH 67°23'37" WEST, 9.24 FEET; THENCE LEAVING OWL CREEK NORTH 02°26'40" EAST (DEED RECORD NORTH) PARALLEL TO THE EAST LINE OF AFOREMENTIONED SURVEY IN REAL ESTATE FILE ODR3-00000018 AS RETRACED, FOR A DISTANCE OF 769.94 FEET PASSING A 4" DIAMETER STEEL FENCE CORNER POST AND CONTINUING FOR A TOTAL DISTANCE OF 770.21 (DEED RECORD 784.28) FEET TO THE SOUTH LINE OF AFOREMENTIONED KJELDSEN'S SUBDIVISION; THENCE SOUTH 87°39'30" EAST (DEED RECORD EAST), PASSING A FOUND REBAR BELOW A TREE ROOT FOR THE SE CORNER OF LOT 3 KJELDSEN'S SUBDIVISION AT A DISTANCE OF 199.93 FEET AND CONTINUING FOR A TOTAL DISTANCE OF 299.98 (DEED RECORD 300.0) FEET TO THE POINT OF BEGINNING AND CONTAINING 5.14 ACRES MORE OR LESS, SUBJECT TO THE PERIODIC CHANGES OF OWL CREEK. PER RECORD DEED: SUBJECT TO SEWER LINE EASEMENTS ACROSS THE NORTH AND SOUTH SIDES AND SUBJECT TO THE FLOODING OF OWL CREEK. SUBJECT TO ALL PUBLIC PRIVATE ROADS AND EASEMENTS. THE SOUTH BOUNDARY IS RIPARIAN AND IS ONLY ACURATE AT THE DATE OF FIELD SURVEY, 15 FEBRUARY 2023, AND IS SUBJECT TO THE PERIODIC STREAM CHANGES OF OWL CREEK. BEARINGS BASED ON ARKANSAS STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 83 HORIZONTAL DATUM DETERMINED BY GPS OBSERVATION ON THE CITY OF FAYETTEVILLE CONTROL MONUMENTS USING THEIR PUBLISHED VALUES. Washington County, AR I certify this instrument was filed on 05/25/2023 02:4227 PM and recorded in Real Estate File Number 2023-00013193 Kyle Sylvester- Circuit Clerk by'=rl _....._. CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF MAY 2, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner DATE: CITY COUNCIL MEMO 2023-685 SUBJECT: RZN-2023-0008: Rezoning (W OF W GEYSER ST/HENDERSON, 437): Submitted by CRAFTON TULL for property located W OF W. GEYSER ST in WARD 4. The property is zoned R-A, RESIDENTIAL AGRICULTURAL, and contains approximately 5.14 acres. The request is to rezone 4.01 acres of the site to RI-12, RESIDENTIAL INTERMEDIATE, TWELVE UNITS PER ACRE. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is south of W. Wedington Drive, between N. 54th and N. Broyles Avenues. The site contains approximately 5.14 acres and is zoned R-A Residential Agricultural. The surrounding area is mostly zoned R-A except for adjacent developments to the east and west which are occupied by two-family dwellings. To the west along W. Clevenger Drive are 10 existing two-family structures which were developed in the early 1970s; the Roczen Duplex project borders to the east is currently under development and were issued building permits in July of 2022. Owl Creek runs through the property near its southern property line. Its associated floodplain encumbers roughly'/4 of the site. Request: The request is to rezone 4.01 acres of the property from R-A, Residential Agricultural to RI-12, Residential Intermediate, 12 Units per Acre. Public Comment: Staff have not received any public comment on this item. Land Use Compatibility: Staff finds the request to be mostly compatible with the surrounding mix of uses. Properties in the vicinity are mostly large -lot, low -density residential dwellings however, two-family dwellings also border the subject property to the east and west. Access to the site is limited, with W. Geyser Street being the only public street extending to the site. There may be opportunity to tie into W. Clevenger Drive, a private street to the west, but that will require an access easement to be granted from the adjoining property owner and may require fill to be placed within the Owl Creek floodplain. Opportunities for cross -connectivity are limited to adjacent properties due to the presence of Owl Creek to the south and private residential properties elsewhere. Despite the limited access staff finds the increase in density could be supported otherwise. The site Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 is near W. Wedington Drive and N. Broyles Avenue which are prominent thoroughfares that will not noticeably be impacted by additional density. Rezoning to RI-12 expands the variety of housing types, ranging from single- up to four -family dwellings by -right. Cluster housing developments are also permitted by -right in RI-12 zoning where they are a conditional use in R-A. Staff also finds that the bulk and area regulations are suitable and not out of context with the surrounding properties — particularly those developed under RI-U and RMF-6 to the east and west, respectively. Single family developments are permitted the smallest lot size with 50-foot minimum widths and 5,000 square foot minimum areas. Two-family dwellings have the same minimum lot width but require an additional 2,260 square feet in area, and three-family dwellings and above require 90-foot lot widths and 10,890 square foot lots. Structures are limited to three stories in RI-12 zoning which is less than the maximum height allowed in R-A zoning. R-A zoning does not have a maximum height limitation but buildings or portions thereof exceeding one story must have an additional setback from property lines equal to the difference between the height of that portion of the building and one story. Land Use Plan Analysis: Staff finds the proposal to be mostly consistent with the goals in City Plan 2040 and the future land use designation for this location. Staff finds that the request is consistent with the Future Land Use Map designation and goals of City Plan 2040. The area is designated as a Residential Neighborhood Area, which calls for a mix of housing types in appropriate areas. Limited access to the site suggests certain incongruencies in terms of appropriateness but the applicant is also proposing for the portion of the site designated as a Natural Area to remain R-A which aligns with conservation principles set forth in the Future Land Use Plan. Staff finds two-, three-, and four -family dwellings as a permitted use is consistent with the future land use designation. Rezoning from R-A to RI-12 serves to contribute towards City Plan 2040 goals #2 — Discourage Suburban Sprawl and 6 — Create Opportunities for Attainable Housing. The site scores low on the Infill Scoring Matrix but it could be characterized as an infill site given its access to basic infrastructure necessities such as water, sewer, and street access. The proposed rezoning would put additional residential density on a property close to high -capacity streets and trail along W. Wedington Drive. Rezoning to RI-12 also aligns with Goal #6 because it allows a range of single- to four -family dwellings which may provide opportunities for affordable options beyond what a strictly single-family development would allow. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a range of two to four attributes for this site that may contribute to appropriate infill and one, floodplain, that detracts. The following elements of the matrix contribute positively: • Adequate Fire Response (Station #7, 835 N. Rupple Road) • Near Sewer Main (6" sewer main, N. of the site; 10" sewer main, S. of the site) • Near Water Main (8" water main, W. Geyser Street) • Near Paved Trail (W. Wedington Drive side path trail) The following attribute contributes negatively: • 100-year floodplain (Owl Creek) DISCUSSION: At the April 10, 2023 Planning Commission meeting, a vote of 8-1-0 forwarded the request to City Council with a recommendation of approval. Commissioner Holcomb made the motion and Commissioner McGetrick seconded. Commissioners discussed the potential of a possible connection to W. Clevenger Drive, a private drive, which would require adjacent owner consent and may possibly require adding fill in a portion of floodplain. Commissioner Garlock, who was opposed, acknowledged the site's low infill score and remoteness from Tier Centers identified in the Growth Concept Map as the basis for his opposition. Commissioner McGetrick expressed concerns about the lack of connectivity but suggested the issue could be worked out at Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 the development stage. She discussed a lack of housing available in northwest Arkansas and felt the request would contribute towards addressing the issue. Commissioner Sparkman supported the rezoning, finding the request was similar to entitlements on adjacent properties. She seconded Commissioner McGetrick comments about lack of attainable housing. Commissioner Madden echoed concerns about connectivity and voiced concerns about the ambiguity of what may come with a future development under RI-12 zoning. She ultimately said increasing housing supply superseded those concerns. Commissioner Winston was ambivalent about the request and questioned if limited street frontage would result in future variances. No members of the public spoke during the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF, Exhibit A, Exhibit B, Planning Commission Staff Report Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ® City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-685 RZN-2023-0008: Rezoning (W OF W GEYSER ST/HENDERSON, 437): Submitted by CRAFTON TULL for property located W OF W. GEYSER ST in WARD 4. The property is zoned R-A, RESIDENTIAL AGRICULTURAL, and contains approximately 5.14 acres. The request is to rezone 4.01 acres of the site to RI-12, RESIDENTIAL INTERMEDIATE, TWELVE UNITS PER ACRE. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN- 2023-008 LOCATED WEST OF WEST GEYSER STREET IN WARD 4 FOR APPROXIMATELY 5.14 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE AND R-A, RESIDENTIAL AGRICULTURAL 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-12, Residential Intermediate, 12 Units Per Acre and R-A, Residential Agricultural. 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. Page 1 City of Fayetteville Staff Review Form 2023-685 Item ID 5/2/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 4/14/2023 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2023-0008: Rezoning (W OF W GEYSER ST/HENDERSON, 437): Submitted by CRAFTON TULL for property located W OF W. GEYSER ST in WARD 4. The property is zoned R-A, RESIDENTIAL AGRICULTURAL, and contains approximately 5.14 acres. The request is to rezone 4.01 acres of the site to RI-12, RESIDENTIAL INTERMEDIATE, TWELVE UNITS PER ACRE. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? No Item Cost $ - Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Previous Ordinance or Resolution # Approval Date: V20221130 REZONE TRACT 1 A PART OF THE NORTHWEST QUARTER (NW/4) OF THE SOUTHEAST QUARTER (SE/4) OF SECTION 11, TOWNSHIP 16 NORTH (T16N), RANGE 31 WEST (R31W) OF THE FIFTH PRINCIPAL MERIDIAN (5TH PM), CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST (NE) CORNER OF SAID NW/4 OF THE SE/4, AN UN -MARKED POINT ACCORDING TO ARKANSAS HIGHWAY COMMISSION RIGHT-OF-WAY JOB NO. 040423; THENCE NORTH 87°45'S7" WEST ALONG THE NORTH LINE OF SAID NW/4 OF THE SE/4, A DISTANCE OF 356.54 FEET; THENCE SOUTH 02°29'20" WEST ALONG THE EAST LINE OF LOT 2 OF KJELDSEN'S SUBDIVISION AND THE PROJECTION THEREFORE, FOR A DISTANCE OF 35.08 FEET PASSING THE NE CORNER OF SAID LOT 2 AND CONTINUING AN ADDITIONAL DISTANCE OF 16.77 FEET PASSING A 2-INCH DIAMETER ALUMINUM CAPPED REBAR EMBOSSED LS1201 AT THE SOUTH RIGHT-OF-WAY OF HIGHWAY 16 PER ARKANSAS HIGHWAY COMMISSION JOB NO. 040423 AND CONTINUING FOR A TOTAL DISTANCE OF 335.36 FEET TO THE SOUTHEAST (SE) CORNER OF SAID LOT 2 AND THE POINT OF BEGINNING; THENCE SOUTH 02°26'40" WEST PARALLEL TO THE EAST LINE OF A SURVEY IN REAL ESTATE FILE ODR3- 00000018 AS RETRACED, FOR A DISTANCE OF 582.37 FEET; THENCE NORTH 87°50'15" WEST, A DISTANCE OF 299.98 FEET; THENCE NORTH 02°26'40" EAST PARALLEL TO THE EAST LINE OF AFOREMENTIONED SURVEY IN REAL ESTATE FILE ODR3-00000018 AS RETRACED, FOR A DISTANCE OF 583.04 FEET PASSING A 4" DIAMETER STEEL FENCE CORNER POST AND CONTINUING FOR A TOTAL DISTANCE OF 583.31 FEET TO THE SOUTH LINE OF AFOREMENTIONED KJELDSEN'S SUBDIVISION; THENCE SOUTH 87°39'30" EAST, PASSING A FOUND REBAR BELOW A TREE ROOT FOR THE SE CORNER OF LOT 3 KJELDSEN'S SUBDIVISION AT A DISTANCE OF 199.93 FEET AND CONTINUING FOR A TOTAL DISTANCE OF 299.98 FEET TO THE POINT OF BEGINNING AND CONTAINING 4.01 ACRES MORE OR LESS. BEARINGS BASED ON ARKANSAS STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 83 HORIZONTAL DATUM DETERMINED BY GPS OBSERVATION ON THE CITY OF FAYETTEVILLE CONTROL MONUMENTS USING THEIR PUBLISHED VALUES. REZONE TRACT 2 A PART OF THE NORTHWEST QUARTER (NW/4) OF THE SOUTHEAST QUARTER (SE/4) OF SECTION 11, TOWNSHIP 16 NORTH (T16N), RANGE 31 WEST (R31W) OF THE FIFTH PRINCIPAL MERIDIAN (5TH PM), CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST (NE) CORNER OF SAID NW/4 OF THE SE/4, AN UN -MARKED POINT ACCORDING TO ARKANSAS HIGHWAY COMMISSION RIGHT-OF-WAY JOB NO. 040423; THENCE NORTH 87°45'S7" WEST ALONG THE NORTH LINE OF SAID NW/4 OF THE SE/4, A DISTANCE OF 356.54 FEET; THENCE SOUTH 02°29'20" WEST ALONG THE EAST LINE OF LOT 2 OF KJELDSEN'S SUBDIVISION AND THE PROJECTION THEREFORE, FOR A DISTANCE OF 35.08 FEET PASSING THE NE CORNER OF SAID LOT 2 AND CONTINUING AN ADDITIONAL DISTANCE OF 16.77 FEET PASSING A 2-INCH DIAMETER ALUMINUM CAPPED REBAR EMBOSSED LS1201 AT THE SOUTH RIGHT-OF-WAY OF HIGHWAY 16 PER ARKANSAS HIGHWAY COMMISSION JOB NO. 040423 AND CONTINUING FOR A TOTAL DISTANCE OF 335.36 FEET TO THE SOUTHEAST (SE) CORNER OF SAID LOT 2; THENCE SOUTH 02°26'40" WEST PARALLEL TO THE EAST LINE OF A SURVEY IN REAL ESTATE FILE ODR3-00000018 AS RETRACED, FOR A DISTANCE OF 582.37 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 02°26'40" WEST PARALLELTO THE EAST LINE OF AFOREMENTIONED SURVEY AS RETRACED, FOR A DISTANCE OF 161.41 FEET TO THE THALWEG OF OWL CREEK AS SURVEYED ON 15 FEBRUARY 2023; THENCE UPSTREAM WITH SAID THALWEG OF OWL CREEK AND THE SOUTH BOUNDARY OF HEREIN DESCRIBED TRACT THE FOLLOWING TWELVE (12) CALLS: 1) NORTH 61°28'43" WEST, 9.67 FEET; 2) NORTH 60°15'33" WEST, 24.36 FEET; 3) SOUTH 86°18'21" WEST, 27.67 FEET; 4) NORTH 85°47'40" WEST, 42.43 FEET; 5) SOUTH 51°58'03" WEST, 16.98 FEET; 6) SOUTH 76°56'11" WEST, 19.61 FEET; 7) SOUTH 59°58'15" WEST, 12.54 FEET; 8) SOUTH 85°01'05" WEST, 21.10 FEET; 9) NORTH 77°20'12" WEST, 48.18 FEET; 10) SOUTH 67°39'25" WEST, 38.62 FEET; 11) SOUTH 88°06'52" WEST, 45.70 FEET; 12) SOUTH 67°23'37" WEST, 9.24 FEET; THENCE LEAVING OWL CREEK NORTH 02°26'40" EAST PARALLEL TO THE EAST LINE OF AFOREMENTIONED SURVEY IN REAL ESTATE FILE ODR3-00000018 AS RETRACED, FOR A DISTANCE OF 186.90 FEET; THENCE SOUTH 87°50'15" EAST, A DISTANCE OF 299.98 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.13 ACRES MORE OR LESS, SUBJECT TO THE PERIODIC CHANGES OF OWL CREEK. THE SOUTH BOUNDARY IS RIPARIAN AND IS ONLY ACURATE AT THE DATE OF FIELD SURVEY, 15 FEBRUARY 2023, AND IS SUBJECT TO THE PERIODIC STREAM CHANGES OF OWL CREEK. BEARINGS BASED ON ARKANSAS STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 83 HORIZONTAL DATUM DETERMINED BY GPS OBSERVATION ON THE CITY OF FAYETTEVILLE CONTROL MONUMENTS USING THEIR PUBLISHED VALUES. CITY OF FAYETTEVILLE %PF ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner MEETING DATE: April 10, 2023 (Updated with Planning Commission Results) SUBJECT: RZN-2023-0008: Rezoning (W OF W GEYSER ST/HENDERSON, 437): Submitted by CRAFTON TULL for property located W OF W. GEYSER ST. The property is zoned R-A, RESIDENTIAL AGRICULTURAL, and contains approximately 5.14 acres. The request is to rezone 4.01 acres of the site to RI-12, RESIDENTIAL INTERMEDIATE, TWELVE UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2023-0008 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2023-0008 to City Council with a recommendation of approval." BACKGROUND: The subject property is south of W. Wedington Drive, between N. 54' and N. Broyles Avenues. The site contains approximately 5.14 acres and is zoned R-A Residential Agricultural. The surrounding area is mostly zoned R-A except for adjacent developments to the east and west which are occupied by two-family dwellings. To the west along W. Clevenger Drive are 10 existing two-family structures which were developed in the early 1970s; the Roczen Duplex project borders to the east is currently under development and were issued building permits in July of 2022. Owl Creek runs through the property near its southern property line. Its associated floodplain encumbers roughly'/4 of the site. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-FamilyResidential R-A, Residential Agricultural South Undeveloped/Rural Residential R-A, Residential Agricultural East Two -Family Residential RI-U, Residential Intermediate -Urban West Rural Residential/Two-Family Residential R-A, Residential Agricultural; RMF-6, Residential Multi - Family, 6 Units per Acre Request: The request is to rezone 4.01 acres of the overall property from R-A, Residential Agricultural to RI-12, Residential Intermediate, 12 Units per Acre. Public Comment: Staff has not received any public comment on this item. Planning Commission April 10, 2023 RZN-2023-0008 (HENDERSON) Page 1 of 16 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along stub outs of W. Geyser Street and W. Clevenger Drive. W. Geyser Street is a fully -improved Residential Link Street with asphalt paving, curb and gutter, and six foot sidewalks along both sides of the street. W. Clevenger Drive is a private drive with asphalt paving and open ditches. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is not available to the subject area. An 8-inch water main is shown to be extended to the west property line in the W. Geyser Street right-of-way in the grading permit document documents for the Roczen Duplex project. Sewer: Sanitary Sewer is available to the subject area. An existing 6-inch sanitary sewer main is present on the north side of the subject property and an existing 10-inch main is present on the south side of the subject property. Fire: Station 7, located at 835 N. Rupple Road protects this site. The property is located approximately 1.3 miles from the fire station with an anticipated drive time of approximately three minutes using existing streets. The anticipated response time would be approximately 5.2 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. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Police: The Police Department expressed no concerns with this request. Drainage: No portion of the property is within the Hillside -Hilltop Overlay District. A portion of the subject area lies within a FEMA floodplain, has hydric soils, and a protected stream is present in the area. The portion of the subject area within the FEMA floodplain will necessitate a floodplain development review at the time of permit or plan submittal. This will restrict the type of development and impact allowed in flood zones and may require additional documentation such as flood studies or elevation certificates depending on the type of development. If a development impacts a floodplain, those impacts may require review and approval from FEMA. Floodplain is present through a slim depression that roughly follows the unnamed tributary of the Farmington Branch near the west property line. Hydric soils are also present on the subject property. They 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 is 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 Planning Commission April 10, 2023 RZN-2023-0008 (HENDERSON) Page 2 of 16 of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required at the time of development submittal. Hydric soils are present throughout the entirety of the subject property. A protected stream is present in the subject area. Streamside Protection Zones generally consist of a protected area on each side of a stream or creek. This protected area is meant to preserve woody vegetation and natural areas along stream corridors to improve/protect stream health. At a minimum, the protected area will be 50 feet wide as measured from the top of bank but, depending on the shape and extent of the floodway, it could be substantially more. Certain construction activities such as trails and some utilities are allowed in these zones, but in general, improvements such as parking lots or buildings are prohibited. The streamside protection area is present on the west side of the subject property. Any additional improvements or requirements for drainage will be determined at time of development. Tree Preservation: The proposed zoning district of RI-12, Residential Intermediate, 12 Units per Acre requires 20% 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 a Residential Neighborhood and Natural 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. Natural Areas consist of lands approximating or reverting to a wilderness conditions, including those with limited development potential due to topography, hydrology, vegetation, or value as an environmental resource. These resources can include stream and wildlife corridors, as well as natural hubs and cores, many of which are identified in the generalized enduring green network. A Natural Area designation would encourage a development pattern that requires conservation and preservation, prevents degradation of these areas, and would utilize the principles of low impact development stormwater infrastructure for all developments. Natural Areas are prime candidates for conservation subdivision design and/or clustered development patterns. CITY PLAN 2040 INFILL MATRIX: City Plan 2O4O's Infill Matrix indicates a score of 2-4 for this site, with a weighted score of 3_5 at the highest. The following elements of the matrix contribute to the score: Planning Commission April 10, 2023 RZN-2023-0008 (HENDERSON) Page 3 of 16 • Adequate Fire Response (Station #7, 835 N. Rupple Road) • Near Sewer Main (6" sewer main, N. of the site; 10" sewer main, S. of the site) • Near Water Main (8" water main, W. Geyser Street) • Near Paved Trail (W. Wedington Drive side path trail) 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 request to be mostly compatible with the surrounding mix of uses. Properties in the vicinity are mostly large -lot, low -density residential dwellings however, two-family dwellings also border the subject property to the east and west. Access to the site is limited, with W. Geyser Street being the only public street extending to the site. There may be opportunity to tie into W. Clevenger Drive, a private street to the west, but that will require an access easement to be granted from the adjoining property owner and may require fill to be placed within the Owl Creek floodplain. Opportunities for cross -connectivity are limited to adjacent properties due to the presence of Owl Creek to the south and private residential properties elsewhere. Despite the limited access staff finds the increase in density could be supported otherwise. The site is near W. Wedington Drive and N. Broyles Avenue which are prominent thoroughfares that will not noticeably be impacted by additional density. Rezoning to RI-12 expands the variety of housing types, ranging from single- up to four -family dwellings by -right. Cluster housing developments are also permitted by - right in RI-12 zoning where they are a conditional use in R-A. Staff also finds that the bulk and area regulations are suitable and not out of context with the surrounding properties — particularly those developed under RI-U and RMF-6 to the east and west, respectively. Single family developments are permitted the smallest lot size with 50-foot minimum widths and 5,000 square foot minimum areas. Two-family dwellings have the same minimum lot width but require an additional 2,260 square feet in area, and three-family dwellings and above require 90-foot lot widths and 10,890 square foot lots. Structures are limited to three stories in RI-12 zoning which is less than the unlimited maximum height allowed in R-A zoning. Land Use Plan Analysis: Staff finds the proposal to be mostly consistent with the goals in City Plan 2040 and the future land use designation for this location. Staff finds that the request is consistent with the Future Land Use Map designation and goals of City Plan 2040. The area is designated as a Residential Neighborhood Area, which calls for a mix of housing types in appropriate areas. Limited access to the site suggests certain incongruencies in terms of appropriateness but the applicant is also proposing for the portion of the site designated as a Natural Area to remain R-A which aligns with conservation principles set forth in the Future Land Use Plan. Staff finds two-, three-, and four -family dwellings as a permitted use is consistent with the future land use designation. Rezoning from R-A to RI-12 serves to contribute towards City Plan 2040 goals #2 — Discourage Suburban Sprawl and 6 — Create Opportunities for Attainable Housing. The Planning Commission April 10, 2023 RZN-2023-0008 (HENDERSON) Page 4 of 16 site scores low on the Infill Scoring Matrix but it could be characterized as an infill site given its access to basic infrastructure necessities such as water, sewer, and street access. The proposed rezoning would put additional residential density on a property close to high -capacity streets and trail along W. Wedington Drive. Rezoning to RI-12 also aligns with Goal #6 becaue it allows a range of single- to four -family dwellings which may provide opportunities for affordable options beyond what a strictly single-family development would allow. 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 RI-12; including diversifying the mix of residential uses, allowing varied lot sizes, and bringing residential density to the site that generally aligns with the Future Land Use designation. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to RI-12 may increase traffic at this location above the potential of the current zoning district, though the impact is not expected to be detrimental to danger and congestion. Once routed through the newly built Residential Link Street in the adjacent subdivision to the east, vehicles will have close access to prominent north/south and east/west corridors. Staff finds the moderate size of the development will also limit the amount of additional traffic to a level that is safe and appropriate for a property that will likely have a single access point. Very few accidents were reported from 2017 to 2021 near where N. Crater Avenue now accesses Wedington but that data does not account for the Roczen duplexes development. 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 to RI-12 would increase the load on public services above the potential of the current zoning district, but the impact is not expected to be significant or undesirable. 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: Finding: N/A 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. Planning Commission April 10, 2023 RZN-2023-0008 (HENDERSON) Page 5 of 16 RECOMMENDATION: Planning staff recommends approval of RZN-2023-0008. PLANNING COMMISSION ACTION: Date: April 10, 2023 O Tabled Motion: Holcomb Second: McGetrick Vote: 8-1-0 BUDGET/STAFF IMPACT: None Required YES 01 Forwarded Recommending approval. O Denied Attachments: • Unified Development Code: o §161.03 District R-A, Residential Agricultural o §161.11 District RI-12, Residential Intermediate — 12 Units per Acre • Applicant Request Letter • Applicant Site Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission April 10, 2023 RZN-2023-0008 (HENDERSON) Page 6 of 16 161.03 District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training Unit 46 Short-term rentals (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 Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre I One-half ('/2) (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback Requirements. Front 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 Planning Commission April 10, 2023 RZN-2023-0008 (HENDERSON) Page 7 of 16 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; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6625 , §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427 (Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section." Planning Commission April 10, 2023 RZN-2023-0008 (HENDERSON) Page 8 of 16 161.11 District RI-12, Residential Intermediate, Twelve (12) Units Per Acre (A) Purpose. The RI-12 Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a development potential between low density and medium density with less impact than medium density development, to encourage the development of areas with existing public facilities and to encourage the development of a greater variety of housing values. (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 41 Accessory dwellings Unit 44 Cluster Housing Development 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 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre 1 12 (D) Bulk and Area Regulations. Single- Two (2) family Three (3) family family Lot width 50 feet 50 feet 90 feet minimum Lot area 5,000 square 7,260 square 10,890 square minimum feet feet feet. (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Uses & Two (2) Uses Single family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 2 stories/3 stories* Planning Commission April 10, 2023 RZN-2023-0008 (HENDERSON) Page 9 of 16 * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of 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 50% 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. (Code 1965, App. A., Art. 5(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20- 10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§4, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6427 , §§l (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 April 10, 2023 RZN-2023-0008 (HENDERSON) Page 10 of 16 300 North College, Suite 317 Crafton Tu 11 Fayetteville, AR 72701 479.455.2207 ® architecture I engineering I surveying craftontull.com March 9, 2023 City of Fayetteville Development Services 125 West Mountain Street Fayetteville, AR 72701 To whom it may concern, Please let this letter serve as a narrative to accompany a rezoning request for Washington County Parcel ID 765-16191-001, which is located south of W Wedington Drive, between N Crater Avenue and N 541n Avenue. The parcel is located directly west of two recent rezoning requests (Wedington West and Roczen Duplexes) and also a multifamily project to the west of this subject property, along W Clevenger Dr. This property is currently owned by Troy Lee & Charlotte Henderson, and is under contract pending a successful rezone. The parcel is approximately 5.14 acres in size. This property is currently zoned Residential -Agricultural (R-A) with a request to rezone to Residential Intermediate 12 units per acre (RI-12). To the east of this property are the two aforementioned recent zoning requests, which are predominately Residential Intermediate — Urban (RI-U). The property west of the subject property along W Clevenger Dr. is currently zoned Residential Multi -Family — 6 Units Per Acre (RMF-6). All of these properties contain duplexes and multifamily. The rezone request from R-A to RI-12 would serve as a good transitional zoning request from the higher density developments utilizing RI-U to the RMF-6 district. Of the 5.14 acres of the subject property, 4.01 are requested to be rezoned to RI-12, while the remaining 1.13 acres would remain as R-A. This is ideal with the floodplain along the southern property line. No new development or grading is anticipated within the existing floodplain boundaries. With the proposed rezoning request, a maximum of 48 residential units could theoretically be built on the subject property, which is reasonable in scope when compared to the adjacent properties. Please let me know if you have any questions. Thanks, Blake Murray, P.E., CFM Project Manager Planning C sion April 2023 RZN-2023-0008 (HENDERSON) Paqe 11 of 16 RSF-4 717-U RSF-4 R-A * RM F-6 lot lines RI-U Line L RMF-6 Exhibit SFHA/ Flood Zone Boundary CS _ R-A - NS-G Fayetteville, AR RSF-4 R-A * NS-G * * RI-U * RI-U * RSF-4 0.04 0.06 0.08 mi 1 The data contained herein was compiled from various sources for the sole use and benefit of the City of Fayetleville Geographic Information System and the public agencies it s. Any use of the data by anyone other than the City of Fayetteville Is at the sole risk of the user; and by acceptance of this data, the user does hereby agree to indemnify the City of Fayetleville and hold the City of Fayetteville harmless from and without liability for any rntiras, actions, cost for damages of any nature, including the art" cost of defense, s.erted by user or by another arising from the use of this data. The City of Fayetteville makes no express or Implied warantess with reference to the data. No word, phrase, or clause found herein shall be construed to waive that tort immunity set forth under Arkansas law. Created: M4I2023 Credits; FEMA, City of Fayetteville, AR, 2022 Imagery I EagleVlsw Technologies I Surdex Corporation Planning Commissio RZN-2023-0008 (HENDERSON) Page 12 of 16 RZN-2023-0008 W. WE D I N GTO N DR & W. AL One Mile View GEYSER ST NORTH 0 0.13 0.25 0.5 Miles — — — — RSF-4 IIL ' — — — — — — — 1 v I 1 I 1 1 � 1 , 1 RI-U 1 I � 1 1 RI-12 W Q F.. Subject Property U) WFDINGTANIDR- - -W) — — — - R Ajjjj1�jjjI ' I RMF-6 L t _ - I W t �O t -g PERSIMMON ST RSF-1 gggg� Regional Link gggg� Neighborhood Link — Unclassified — Alley — Residential Link E I Planned Neighborhood Link 11111110 Planned Residential Link — — Shared -Use Paved Trail — Trail (Proposed) j — M Fayetteville City Limits r Planning Area I I I I I I Planning Area Fayetteville City Limits i Zoning �I-2 General Intlas , RESIDENTIAL SINGLE-FAMILY EXTRACTION COMMERCIAL RI-12 ResltleniiaFOfice �ResltleMlal-�OWIW21 ,�G-2 RSF-s Ica RSF-1 FORM BASED DISTRICTS RSF-2 own—n Core RSF-0 human Thomaghrare RSF-] ,Mein Sireat Center RSF-8 Osxniown General RSF-18 ,�Cemmanlry Services RESIDENTIAL MULTI -FAMILY Neighdomood Services RMF-8 Neighdomood Con Mion RMF-tz PLANNED ZONING DISTRICTS RMF-18 ,i Commercial, Intla—I, Resldentlal ii RMF-2a INSTITUTIONAL ii RMF-00 INDUSTRIAL I-1 Heavy Comm .1 and Light lii-t al annlnq Commission April 10, 2023 RZN-2023-0008 (HENDERSON) Page 13 of 16 April 10, 2023 RZN-2023-0008 (HENDERSON) Page 14 of 16 RZN-2023-0008 W. WEDINGTON DR & W. AAk Current Land Use GEYSER ST N O RT H r• AT , <k W& Zone_AE Residential Multi -Family Regional Link Neighborhood Link Unclassified Residential Link — — — Trail (Proposed) r _ _i Planning Area _ _1 Fayetteville City Limits aq t w Residential- Agricultural Subject Property MN g F'. V-Residential- Agricultural Feet 0 112.5 225 450 1:3,600 675 ••• .:a Residential- Agricultural FEMA Flood Hazard Data 100-Year Floodplain Floodway April 10, 2023 RZN-2023-0008 (HENDERSON) Page 15 of 16 RZN-2023-0008 W. WE D I N GTO N DR & W. Ak Future Land Use GEYSER ST NORTH Iz LAV_A OLOOP a '------------------------------' o oO LU a �PJPv w a I-- w w a �, a� ---------- -----� • - Regional Link City Neighborhood Neighborhood Link Civic Institutional Civic and Private Open Space Unclassified Industrial Residential Link Feet Natural Planning Area Non -Municipal Government 0 145 290 580 870 1,160 Residential Neighborhood �- - -� Fayetteville City Limits Rural Residential - - - Trail (Proposed) 1:4,800 Urban Center April 10, 2023 RZN-2023-0008 (HENDERSON) Page 16 of 16 NORTHWEST ARKAw-os RECEIVED DeM0CMt (1 aZft MAY 1710D CRYOFF fNLLE ICE PO xG>• GI"-I-L. oq� 1 ?yW,i,'.NWADG,C0M 20B3 85 OF W. IPERTY GESCIUBEO M REZONING 1TION R2N-2023-W8 LOCATED WE: WEST GEYSER STREET EV WARD 4 t APPROXM&irMLY SA4 ACRES AFFIDAVIT OF PUBLICATION DmSPER ACRF AND R-A, Y RESIDENTIAL AGRICULTURAL BEITORDA BYTBECITY 1, Anna Hernandez, do solemn) swear that I am the Accounting Legal Clerk of th Y g g COUNCIL OF THE CITY OF FAYETTEVILLE, ARXANSAS: Northwest Arkansas Democrat -Gazette, a daily newspaper printed and Seelwn L Than Me City Conned onhe City published in said County, State of Arkansas; that I was so related to this ofFayelteville, Askas hereby cM1nneo the aore elsionficatiorn of Me paopaty sho,.n on ublication at d during the publication the annexed legal advertisement P ang P on og Mae raw (Exhibit A) and Me legal Momption (Ubt B) both Waohed to the Kenning the matter of Notice in the Court, in said County, and at the dates Dep""nenrs Agenda Memo horn R-A. pending of the several publications of said advertisement stated below, and that during said Residemial Agneubmd to Rl-12. Residmtiel Intermediate, 13 Units Per Acre and R-A, periods and at said dates, said newspaper was printed and had a bona fide ®ieultn. Residential AN saenon 2. Tnal me Ciry Coaneil orme City circulation in said County; that said regularly IY newspaper r P Pe had beenPrinted and ofFayedeedle, A aar sat hereby anends me oBimalacnin8mapofthe Cdyof Fayeneadl, published in said County, and had a bona fide circulation therein for the period of �� the inning stairs Mantra] in one month before the date of the first publication of said advertisement; and that PASSED and "PROVED on May 2, 2023 said advertisement was published in the regular daily issues of said newspaper delnraan. Mayor as stated below. AMs'_ City of Fayetteville- Clerks Office amVr°R ;gym orme Ordinance 6660 Arleen. Amount paid :$81W 75692579 May 6, 2023 Was inserted in the Regular Edition on: May 6, 2023 Publication Charges: $81.90 s.�sC� Anna Hernandez Subsc 'bed and sworn to before me This 1rrday of NNXIJ , 2023. Notary w My Commission Expires: Qy-�' **NOTE** Please do not pay from Affidavit. Invoice will be sent.