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1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR (479) Legislation Text File #: , Version: 1 RZN (714 S. COLLEGE AVE./CAMERON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN FOR APPROXIMATELY 0.25 ACRES LOCATED AT 714 SOUTH COLLEGE AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE-URBAN 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 NC, Neighborhood Conservation to RI-U, Residential Intermediate-Urban. 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 of 1 Printed on 5/24/2018 powered by Legistar

2 Garner Stoll Submitted By City of Fayetteville Staff Review Form Legistar File ID 6/5/2018 City Council Meeting Date Agenda Item Only N/A for Non Agenda Item 5/18/2018 Submitted Date Action Recommendation: City Planning / Development Services Department Division / Department RZN : Rezone (714 S. COLLEGE AVE./CAMERON, 563): Submitted by FLINTLOCK LTD, INC. for property located at 714 S. COLLEGE AVE is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.25 acres. The request is to rezone the property to RI U, RESIDENTIAL INTERMEDIATE URBAN. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ Current Balance $ Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Previous Ordinance or Resolution # Remaining Budget $ Must Attach Completed Budget Adjustment V Original Contract Number: Approval Date: Comments:

3 MEETING OF JUNE 5, 2018 TO: THRU: FROM: Mayor, Fayetteville City Council Garner Stoll, Development Services Director Quin Thompson, Planner DATE: May 18, 2018 SUBJECT: RZN : Rezone (714 S. COLLEGE AVE./CAMERON, 563): Submitted by FLINTLOCK LTD, INC. for property located at 714 S. COLLEGE AVE is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.25 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE- URBAN. note: The parcel at 849 S. Washington was withdrawn from consideration at the request of the applicant at the meeting. RECOMMENDATION: The and staff recommend approval of the requested rezoning as depicted in Exhibits A and B. BACKGROUND: The subject property includes lots totaling 0.25 acres is located at 714 South College Avenue. The parcel is zoned NC, Neighborhood Conservation, and contains Lots original plat of Glenwood Park Subdivision, recorded in The property at 714 S. College is currently vacant, following demolition of a single-family home several years ago. The property is surrounded on three sides by single-family homes in the Neighborhood Conservation zoning district. The City Council adopted the Walker Park Neighborhood Plan in That plan states that the neighborhood should have a balance of non-residential uses and housing. Stakeholders wanted zoning and other city regulations to reflect and encourage that balance while conserving the existing single-family fabric where it is intact. This means the neighborhood will retain and develop a variety of housing types for different income levels and retain and develop neighborhood commercial nodes that serve the neighborhood residents as well as the nearby employment centers. There is also an emphasis on connectivity and walkability. Connection of the street grid and improved pedestrian mobility between key destinations will unify the neighborhood, making it sustainable over time. City Council Direction in Walker Park: Over the last two years the city council has approved five rezonings in the Walker Park Neighborhood Plan Area allowing fourplex and/or multiplex housing in mid-block locations adjacent to small single family homes. Staff interprets these decisions as

4 policy direction from the council for the Walker Park Neighborhood and has incorporated this direction into this rezoning recommendation. Public Comment: City staff has not received public comment regarding this request. Land Use Compatibility: The proposed zoning would allow single, two-, three-, and four-family dwellings up to three stories tall at a mid-block site adjacent to single family homes. The applicant has made valid points in the request letter about compatibility between adjacent and nearby lots. It is possible to develop attached residential housing permitted under the proposed zoning in a manner that is compatible and complimentary to existing detached single family housing. The maximum building mass and minimum lot size allowed under the proposed zoning would be much different than surrounding buildings. However, the recent city council decisions approving approximately five similar rezonings in this neighborhood leads staff to the conclusion that council deems this type of zoning proposal compatible in this location. Land Use Plan Analysis: The Walker Park Neighborhood Plan encourages a variety of housing types while conserving the existing single-family fabric where it is intact. As stated earlier in this report, the City Council has approved five rezonings over the last two years in this neighborhood allowing fourplex and/or multiplex housing in mid-block locations surrounded by single family dwellings. These recent decisions are viewed by staff as a shift in the Walker Park Neighborhood Plan polices guiding staff to recommend that the current rezoning request is in line with land use policies of the City Council. DISCUSSION: At the meeting, this item was forwarded with a recommendation for approval by a vote of (Commissioner Niederman recused). BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Staff Report 2

5 RZN Close Up View J. CAMERON EXHIBIT 'A' 7TH ST DG WILLOW AVE subject property COLLEGE AVE RI-U Proposed 9TH ST P-1 NC WASHINGTON AVE RSF-18 N Legend Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint Feet inch = 200 feet Zoning Acres N/A 0.4 Total 0.4

6 EXHIBIT 'B'

7 TO: THRU: FROM: City of Fayetteville Andrew Garner, City Planning Director Quin Thompson, Planner MEETING DATE: SUBJECT: RZN : Rezone (714 S. COLLEGE AVE./CAMERON, 563): Submitted by FLINTLOCK LTD., INC. for property located at 714 S. COLLEGE AVE and 849 S. WASHINGTON AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.39 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE-URBAN. RECOMMENDATION: Staff recommends forwarding RZN to the City Council with a recommendation for approval. RECOMMENDED MOTION: I move to forward RZN to the full City Council as recommended by staff. BACKGROUND: The subject property includes lots totaling 0.39 acres is located at 714 South College Avenue and 849 S. Washington Avenue. These parcels are zoned NC, Neighborhood Conservation, and contains Lots and of the historic and original plat of Glenwood Park Subdivision, which was recorded in The property at 714 S. College is currently vacant, following demolition of a single-family home several years ago. The property at 849 S. Washington contains a 2,075 square-foot home built in As listed in Table 1 the property is surrounded on 3 sides by single-family homes in the Neighborhood Conservation zoning district. In July of 2008, the subject property, along with approximately 300 acres of the wider Walker Park Neighborhood, were rezoned in accordance with the Walker Park Neighborhood Master Plan. Among other changes, this rezoning removed the existing RMF-24, Residential Multi-family, 24 Units per Acre, designation on the subject property, and replaced it with the current NC, Neighborhood Conservation, zoning district. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Single-Family Residential NC, Neighborhood Conservation South Single-Family Residential NC, Neighborhood Conservation East Single-Family Residential NC, Neighborhood Conservation West Walker Park P-1, Institutional Page 1 of 18

8 Request: The request is to rezone the parcel from NC, Neighborhood Conservation to RI-U, Residential Intermediate-Urban. The applicant stated the rezoning is needed to allow flexibility in lot widths to create opportunities for affordable housing. Public Comment: City staff has not received public comment regarding this request. INFRASTRUCTURE: Streets: Water: Sewer: Drainage: Fire: Police: The subject parcels have access to Washington Avenue and to South College Avenue, both improved local streets with curb/gutter, sidewalk at back of curb, and storm drainage. Any street improvements required in these areas would be determined at the time of development proposal. Public water is available to the property. There are existing 6-inch mains along the western side of the Washington Avenue right of way and on the western side of S. College Avenue. Sanitary Sewer is available to the site via an existing 6-inch main within the alley to between the properties, and an 8-inch sewer main along Washington Avenue. No portion of this property is identified as FEMA regulated floodplains. No part of the parcel lies within the HHOD. There are no protected streams on this parcel. There are hydric soils identified on this parcel. Any additional improvements or requirements for drainage will be determined at time of development. The Fire Department expressed no concerns with this request. The Police Department expressed no concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as a Complete Neighborhood Plan Area associated with the Walker Park Neighborhood Plan. A central goal of the plan was to preserve single-family neighborhoods while encouraging additional housing types and a mix of uses. Walker Park neighborhood adopted a plan in That plan states that the neighborhood should have a balance of non-residential uses and housing. Stakeholders wanted zoning and other city regulations to reflect and encourage that balance while conserving the existing single-family fabric where it is intact. This means the neighborhood will retain and develop a variety of housing types for different income levels and retain and develop neighborhood commercial nodes that serve the neighborhood residents as well as the nearby employment centers. There is also an emphasis on connectivity and walkability. Connection of the street grid and improved pedestrian mobility between key destinations will unify the neighborhood, making it sustainable over time. CITY COUNCIL POLICY DIRECTION IN WALKER PARK: Over the last two years the city council has approved five rezonings in the Walker Park Neighborhood Plan Area allowing fourplex and/or multiplex housing in mid-block locations adjacent to small single family homes. Staff interprets these decisions as policy direction from the council for the Walker Park Neighborhood and has incorporated this direction into this rezoning recommendation. G:\ETC\Development Services Review\2018\Development Review\ RZN 714 S. College Ave. (J. Cameron) 563\03 \ \Comments and Redlines Page 2 of 18

9 FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The proposed zoning would allow single, two-, three-, and four-family dwellings up to three stories tall at a mid-block site adjacent to single family homes. The applicant has made valid points in the request letter about compatibility between adjacent and nearby lots. It is possible to develop attached residential housing permitted under the proposed zoning in a manner that is compatible and complimentary to existing detached single family housing. The maximum building mass and minimum lot size allowed under the proposed zoning would be much different than surrounding buildings. However, the recent city council decisions approving approximately five similar rezonings in this neighborhood leads staff to the conclusion that council deems this type of zoning proposal compatible in this location. Land Use Plan Analysis: The Walker Park Neighborhood Plan encourages a variety of housing types while conserving the existing single-family fabric where it is intact. As stated earlier in this report, the City Council has approved five rezonings over the last two years in this neighborhood allowing fourplex and/or multiplex housing in mid-block locations surrounded by single family dwellings. These recent decisions are viewed by staff as a shift in the Walker Park Neighborhood Plan polices guiding staff to recommend that the current rezoning request is in line with land use policies of the City Council. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Based on the applicant s perspective, the requested rezoning is justified and needed to allow redevelopment of the parcels for greater flexibility in meeting the City s future housing needs. The existing NC zoning district only permits single-family dwellings by right, and 2-, 3-, and 4-family dwellings by conditional use. The proposed RI-U zoning district will allow single-, 2-, 3-, and 4-family dwellings by right, and on lots as narrow as 18 feet. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to RI-U, with its lack of density requirements, has the potential to increase traffic in this area as the property redevelops. Given the size of the property, allowing increased densities is not expected to appreciably increase traffic and congestion as a result of development on these sites. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. G:\ETC\Development Services Review\2018\Development Review\ RZN 714 S. College Ave. (J. Cameron) 563\03 \ \Comments and Redlines Page 3 of 18

10 Finding: N/A 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: Staff finds that the zoning and existing 25-foot wide lots provide reasonable infill development potential without the need for the requested zoning district. RECOMMENDATION: Planning staff recommends forwarding of RZN , finding that the City Council has, by approving similar requests in this neighborhood recently, provided policy guidance to staff for requests such as this. PLANNING COMMISSION ACTION: Required YES Date: Tabled Forwarded Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None Attachments: Unified Development Code sections: o RI-U, Residential Intermediate Unlimited o NC, Neighborhood Conservation Fire Department memorandum Request letter Rezone exhibit One Mile Map Close-Up Map Current Land Use Map Future Land Use Map G:\ETC\Development Services Review\2018\Development Review\ RZN 714 S. College Ave. (J. Cameron) 563\03 \ \Comments and Redlines Page 4 of 18

11 District RI U, Residential Intermediate Urban (A) (B) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. Uses. (1) Permitted Uses. Unit 1 Unit 8 Unit 9 City wide uses by right Single family dwellings Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 41 Unit 44 Accessory dwellings Cluster housing development (2) Conditional Uses. Unit 2 Unit 3 Unit 4 Unit 5 City wide uses by conditional use permit Public protection and utility facilities Cultural and recreational facilities Government facilities Unit 12a Limited business Unit 24 Unit 26 Unit 36 Home occupations Multi family dwellings Wireless communications facilities Page 6 of 18

12 (C) (D) Density. None. Bulk and Area Regulations. Dwelling (all types) Lot width minimum Lot area minimum 18 feet None (E) Setback Requirements. Front Side Other Uses Side Single & Two (2) Family Rear Other Uses Rear, from centerline of an alley A build to zone that is located between the front property, line and a line 25 feet from the front property line. None 5 feet 5 feet 12 feet (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Page 7 of 18

13 Buildings or portions of the building set back greater than 10 feet from the master street plan right-ofway shall have a maximum height of three (3) stories. (G) (H) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945, 5(Exh. A), ; Ord. No. 6015, 1(Exh. A), ) Neighborhood Conservation (A) (B) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. Uses. (1) Permitted Uses. Unit 1 Unit 8 Unit 41 City wide uses by right Single family dwellings Accessory dwellings (2) Conditional Uses. Unit 2 Unit 3 Unit 4 Unit 9 Unit 10 City wide uses by conditional use permit Public protection and utility facilities Cultural and recreational facilities Two (2) family dwellings Three (3) and four (4) family dwellings Unit 12a Limited business* Page 8 of 18

14 Unit 24 Unit 25 Unit 28 Unit 36 Unit 44 Home occupations Offices, studios, and related services Center for collecting recyclable materials Wireless communication facilities Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single Family Two Family Three Family 40 feet 80 feet 90 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. Front A build to zone that is located between the front property line and a line 25 feet from the front property line. Side Rear 5 feet 5 feet Page 9 of 18

15 Rear, from center line of an alley 12 feet (F) Building Height Regulations. Building Height Maximum 3 stories (Ord. No. 5128, ; Ord. No. 5312, ; Ord. No. 5462, ; Ord. No. 5592, ; Ord. No. 5664, ; Ord. No. 5800, 1(Exh. A), >; Ord. No. 5921, 1, ; Ord. No. 5945, 5, 7 9, ; Ord. No. 6015, 1(Exh. A), ) Page 10 of 18

16 TO: CC: FROM: Quin Thompson, Planner Assistant Chief Harley Hunt, Fire Marshal Battalion Chief Brian Sloat, Deputy Fire Marshal Rodney Colson, Fire Protection Engineer DATE: May 8, 2018 SUBJECT: RZN : Rezone (714 S. College Ave./J. Cameron, 563) The Fire Department has no comments regarding the rezoning request. Fire apparatus access, water supply and fire protection will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. The site will be protected by Ladder 1, located at 303 W. Center Street. The property is located approximately 0.9 miles from the fire station with an anticipated response time of approximately 4 minutes. The Fayetteville Fire Department has a 6-minute response time goal for all development. Since this site is within the Fire Department s response time goal, the Fire Department does not feel this development will negatively impact response time averages for this area. Page 11 of 18

17 April 2, 2018 Re-zoning request: 714 s college ave TO: The Fayetteville City and The Fayetteville City Council Garden District LLC requests that the zoning designation of parcel be changed from Neighborhood Conservation to Residential Intermediate Urban. The zoning change is requested now to allow reasonable development of the site in line with the City s 2030 Goals. The parcel is 75 wide, disallowing a lot split under its current Neighborhood Conservation zoning (which requires a 40 minimum lot width. At about a quarter acre in size, the cost of the home that would need to be built on the property would be out of scale with the adjacent homes and with the median income of the city. Re-zoning the property to RI-U will allow a reasonable lot split and yield smaller, more affordable homes that are more in line with both the existing character of the neighborhood and the housing needs of the city. The property is along a busy stretch of South College Ave, facing Walker Park, with a range of historic businesses along side it. A home with what appears to have been an early accessory dwelling unit was on the site until the mid 1990s. The lot has been vacant since then. Historic aerial photographs show that this block had active auto repair shops and gas stations until just a few years ago. In addition to rezoning allowing a more affordable development of the property, this mix of existing and historic uses and buildings is more compatible with the purpose and design of RI-U, which reads as follows: The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. The requested zoning change may have a small impact on surrounding properties in terms of land-use, traffic, and appearance as the lot has been vacant for many years and neighbors may have grown accustomed to it s underutilization. Development under the current zoning designation might have a similar impact, however, as RI-U is still a purely residential district. The maximum buildable height in both districts is the same (3 stories), with some additional height restrictions imposed by the requested zoning district. RI-U additionally limits the lot open space, while NC does not. So while the zoning change adds the ability to provide more homes on smaller lots or a small 2-4 family dwelling unit, the requested zone provides additional massing and lot coverage protections for neighbors above what the current zoning requires. Water and sewer are available in adequate quantities adjacent to the site. A 6 water line exists in S. College and a 6 sewer line in the rear alley right of way W CENTER STREET #4, FAYETTEVILLE AR Page 12 of 18

18 It is my opinion that the proposed zoning change is entirely consistent with both land use planning objectives, principles, and policies and is consistent with the history of the neighborhood. The re-zoning will allow the property to be developed directly in line with the City s 2030 Goals to make appropriate infill our highest priority, to make traditional town form the standard, and to create attainable housing. The proposed zoning change is not expected to increase traffic danger or congestion above what would be expected by development of the site under the existing Neighborhood Conservation Zoning. The number of bedrooms, and thus total driving age residents of the site, is not expected to significantly increase as developed under the proposed zoning designation. The use of the site as currently zoned is impractical both for the owner, and for the city s stated goals of increasing the amount and type of attainable housing available to its residents. As currently zoned, the site would have to be developed as a large, expensive house with limited appeal to residents at the median income. There have been many of these size and cost home developed in recent years in Fayetteville, with a longer than average time on the market reflecting the low demand for high price point large homes. Smaller homes and units in 2-4 family dwellings, however, are highly in demand. This demand, coupled with the limited supply, is increasing housing costs for all Fayetteville residents. The requested re-zoning of the property would allow the more needed housing type in Fayetteville to be developed, in keeping with our city s goals as well as residents housing needs, with minimal impact on adjacent neighbors. Respectfully, FLINTLOCK LTD CO Allison Thurmond Quinlan AIA RLA LEED AP Principal Architect W CENTER STREET #4, FAYETTEVILLE AR Page 13 of 18

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20 Shared CHURCH AVE 5TH ST 4TH ST EAST AVE COLLEGE AVE Subject Property 7TH ST RZN J. CAMERON N Future Land Use WASHINGTON AVE COMBS AVE MARTIN LUTHER KING BLVD WILLOW AVE HUNTSVILLE RD 9TH ST BLOCK AVE WASHINGTON AVE MCCLINTON ST 11TH ST 12TH PL 12TH ST 13TH PL WOOD AVE SCRIMSHAW CV Legend Planning Area Fayetteville City Limits Use Paved Trail Trail (Proposed) Building Footprint Feet ,160 1 inch = 400 feet FUTURE LAND USE 2030 Residential Neighborhood Area Complete Neighborhood Plan Page 15 of 18

21 RZN One Mile View J. CAMERON N Miles DC RMF-24 R-O ARCHIB ALD YELL BLVD Subject Property RSF-4 MARTIN LUTHER KING BLVD MARTIN LUTHER KING BLVD CS SCHOOL AVE COLLEGE AVE RSF-18 WOOD AVE RPZD HUNTSVILLE RD MORNINGSIDE DR P-1 DG NC 15TH ST MSC R-A C-2 I-1 RSF-8 Legend Planning Area Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint Planning Area Fayetteville City Limits Zoning RESIDENTIAL SINGLE-FAMILY Residential-Agricultural RSF-.5 RSF-1 RSF-2 RSF-4 RSF-7 RSF-8 RSF-18 RESIDENTIAL MULTI-FAMILY RT-12 Residential Two and Three-family RMF-6 RMF-12 RMF-18 EXTRACTION RMF-24 PLANNED ZONING DISTRICTS RMF-40 Commercial, Industrial, Residential INDUSTRIAL INSTITUTIONAL I-1 Heavy Commercial and Light Industrial P-1 I-2 General Industrial E-1 COMMERCIAL Residential-Office C-1 C-2 C-3 FORM BASED DISTRICTS Downtown Core Urban Thoroughfare Main Street Center Downtown General Community Services Neighborhood Services Neighborhood Conservation Page 16 of 18

22 RZN Close Up View J. CAMERON 7TH ST DG WILLOW AVE Subject Property COLLEGE AVE RI-U Proposed Proposed 9TH ST P-1 NC WASHINGTON AVE RSF-18 N Legend Zoning N/A 0.4 Acres Planning Area Fayetteville City Limits Feet Trail (Proposed) Building Footprint inch = 200 feet Total 0.4 Page 17 of 18

23 RZN Current Land Use EAST AVE 5TH ST J. CAMERON WASHINGTON AVE WILLOW AVE MARTIN LUTHER KING BLVD N Subject Property Walker Park COLLEGE AVE 7TH ST Single Family Single Family BLOCK AVE 9TH ST Single Family WASHINGTON AVE 11TH ST 12TH PL WOOD AVE Streets Existing MSP Class COLLECTOR Trail (Proposed) Planning Area Fayetteville City Limits Feet inch = 300 feet Page 18 of 18