HomeMy WebLinkAboutOrdinance 4557ORDINANCE NO.4557
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04-02.00 AS SUBMITTED BY
GEOFF BATES OF KEYSTONE CONSULTANTS ON BEHALF
OF DAVID CHANCE AND JOHN TUGGLE FOR PROPERTY
LOCATED AT WEST TACKETT AND GENEVIEVE AVENUE
CONTAINING APPROXIMATELY 7.94 ACRES FROM R-A,
RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL
SINGLE FAMILY, FOUR UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the zone classification of the following described property is hereby changed
as follows:
From R-A, Residential Agricultural to RSF-4, Residential Single -
Family, 4 Units Per Acre as shown in Exhibit "A" attached hereto
and made a part hereof.
Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby
amended to reflect the zoning change provided in Section 1 above.
PASSED and APPROVED this the 20`h day of April, 2004.
APPROVED:
'FAYETTEVILLE; 5 By:
ATTEST: TON O;;�`��
"wuu"Jnu� W
By: at
SONDRA SMITH, ity Clerk
I IIIIIII (IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Doc ID: 007275470002 Tvoe: REL
Recorded: 05/21/2004 at 08:16:44 AM
Fee Amt: $11.00 Pace 1 of 2
Mashlnoton Countv. AR
Bette Stamps Circuit Clerk
F11e2004-00019665
EXHIBIT "A"
RZN 04-02.00
A PART OF THE E1/2 OF THE SWIA OF SECTION 11, TOWNSHIP 16 NORTH,
RANGE 31 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY,
ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A RAILROAD SPIKE FOUND AT THE SOUTHEAST CORNER OF
THE SE1A OF THE SW 1/4 OF SAID SECTION I I, TOWNSHIP 16 NORTH, RANGE 31
WEST; THENCE ALONG THE SOUTH LINE OF SAID SE1/4 OF THE SWIA
N87039'25"W 160.50 FEET; THENCE NO2°20'35"E 642.21 FEET; THENCE N87°49'02"W
282.63 FEET TO THE POINT OF BEGINNING; THENCE N87°49'02"W 132.22 FEET TO
A FOUND IRON PIN; THENCE S02°16'33"W 104.68 FEET TO A FOUND IRON PIN;
THENCE N87041'06"W 410.65 FEET TO A FOUND IRON PIN; THENCE NO2°20'10"E
502.74 FEET; THENCE ALONG AN EXISTING FENCE S86°49'44"E 142.49 FEET;
THENCE ALONG AN EXISTING FENCE N02031'47"E 295.19 FEET TO THE
CENTERLINE OF TACKETT ROAD; THENCE ALONG SAID CENTERLINE THE
FOLLOWING FOUR (4) COURSES: S74°18'47"E 141.67 FEET; S62°35'47"E 116.78
FEET; S48°39'47"E 129.79 FEET; S61 °06'47"E 62.08 FEET; THENCE DEPARTING SAID
CENTERLINE S02025'12"W 499.04 FEET TO THE POINT OF BEGINNING,
CONTAINING 7.94 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS,
COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
0
Washington County, AR
I certify this instrument was filed on
05/21/2004 08:16:44 AM
and recorded in Real Estate
File Number2004-00019865
Bette Stamps - Circuit Clerk
by
0 •
NAME OF FILE: Ordinance No. 4557
w/Ex. A
CROSS REFERENCE:
Item # Date Document
1
03/18/04
memo to mayor & city council
2
draft ordinance
3
02/24/04
memo to Planning Commission
4
copy of §161.07
5
01/28/04
copy of letter from Keystone Consultants to Warrick
6
copy of Planning Commission minutes
7
copy of Close Up View
8
copy of One Mile View
9
copy of Future Land Use
10
03/24/04
Staff Review
11
11/18/04
memo to Planning Commission
12
11/18/04
copy of letter to Dawn Warrick
13
04/23/04
memo to Dawn Warrick
14
05/04/04
Affidavit of Publication
15
16
17
18
19
20
21
22
23
24
25
NOTES:
05/21/04 filed with Wash. Co. Circuit Clerk
City Council lGleeting of April 06, 2004
Agenda Item Number
l �/off
y 557
CITY COUNCIL AGENDA MEMO RuN dy,
To: Mayor Coody and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administrator &
Date: March 18, 2004
Subject: Rezoning request for Chance & Tuggle (RZN 04-02.00)
Planning Staff recommends approval of an ordinance rezoning approximately 7.94 acres
of property from R-A, Residential Agricultural to RSF-4, Residential single family 4
units/acre.
Property description: The subject 7.94 acre vacant tract of land is located in west
Fayetteville, at W. Tackett and Genevieve Avenue, west of 54"' Street. The developer
proposes a residential subdivision on the property, not to exceed 4 units per acre. The
subject property has twice been before the Planning Commission for rezoning requests.
Staffs recommendation on both requests, the first from R-A to RT-12 and the second
from R-A to R-PZD 04-03.00 with 50 units on 25 lots, were for denial, based on
incompatibility with surrounding land use and density. In both cases, the applicant
withdrew the request. At this time, the developer is requesting a rezoning from R-A to
RSF-4, a density that is far more suitable and compatible with surrounding
neighborhoods than previous requests.
Proposal: The applicant proposes to rezone the 7.94 acre tract in anticipation of the
development of a single family residential subdivision. The requested zoning will
provide for additional residential development at a maximum density of 4 units per acre.
On November 24, 2003, the applicant withdrew a rezoning request from R-A to RT-12
based on a recommendation for denial by staff and Planning Commission concerns. The
second application for rezoning was also withdrawn by the applicant, based on similar
recommendations and comments made by the Subdivision Committee, on January 15,
2004. On March 08, 2004, the Planning Commission voted 9-0-0 to forward this item to
the City Council with a recommendation for approval of the rezoning.
BUDGETIMPACT
None.
i
•
ORDINANCE NO,
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 04-02.00 AS SUBMITTED BY GEOFF BATES OF KEYSTONE
CONSULTANTS ON BEHALF OF DAVID CHANCE AND JOHN TUGGLE FOR
PROPERTY LOCATED AT WEST TACKETT AND GENEVIEVE AVENUE
CONTAINING APPROXIMATELY 7.94 ACRES FROM R-A, RESIDENTIAL
AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS
PER ACRE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS: �'�
Section 1: That the zone classification of the following described
property is hereby changed as follows:_\�
From R-A, Residential Agricultural to\RSF-4, Residential Single -Family, 4
Units Per Acre as shown'in Exhibit "A" attached hereto and made a part hereof.
Section 2. That the official zoning map of the City of Fayetteville,
Arkansas, is hereby amended to; reflect the/zoning change provided in
Section 1 above.
PASSED AND APPROVED this day of 12004,
7
APPROVED:
ATTEST:
By:
Sondra Smith, City Clerk
By:
DAN COODY, Mayor
EXHIBIT "A"
RZN 04-02,00
A PART OF THE EI/2 OF THE SWIA OF SECTION 11, TOWNSHIP 16 NORTH,
RANGE 31 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY,
ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A RAILROAD SPIKE FOUND AT THE SOUTHEAST CORNER OF
THE SE1/4 OF THE SW 1/4 OF SAID SECTION 1I, TOWNSHIP/16 NORTH, RANGE 31
WEST; THENCE ALONG THE SOUTH LINE OF SAID SE1/4 OF THE SWIA
N87039'25"W 160.50 FEET; THENCE N0.2°20'35"E 642.21 FEET; THENCE N87°49'02"W
282.63 FEET TO THE POINT OF BEGINNING; THENCE N87°49�021W 132.22 FEET TO
A FOUND IRON PIN; THENCE S02°16'33"W 104.68vFEET TO AvFOUND IRON PIN;
THENCE N87041'06"W 410.65 FEET TO A FOUND IRON PIN; THENCEN02°20'10"E
502.74 FEET; THENCE ALONG AN EXISTING FENCE S86°49'44"Ev142.49 FEET;
THENCE ALONG AN EXISTING FENCE NO2°31'47"E 295.19 FEET TO THE
CENTERLINE OF TACKETT ROAD; THENCE ALONG SAID CENTERLINE THE
FOLLOWING FOUR (4) COURSES: S74°18'47"E'141.67 FEET; S62°35'47"E 116.78
FEET; S48°39'47"E 129.79 FEET; S61 °06'47"E 62.08 FEET; THENCE DEPARTING SAID
CENTERLINE S02025'12"W 499.04''FEET TO TH&\POINT OF BEGINNING,
CONTAINING 7.94 ACRES, MORE,OR.LESS. SUBJECT,TO/ANY EASEMENTS,
COVENANTS OR RESTRICTIONS OFRECORD 'OR FACT./
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of March 08, 2004
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Associate Planner
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: February 24, 2004
RZN 04-02.00: Rezoning (Chance & Tuggle, pp 436) was submitted by Geoffrey Bates of
Keystone Consultants, Inc. on behalf of David Chance and John Tuggle for property located at
W. Tackett and Genevieve Avenue. The property is zoned R- A, Residential Agricultural, and
contains approximately 7.94 acres. The request is to rezone the subject property from R-A, .
Residential Agricultural, to RSF-4, Residential Single-family, 4 units per acre. Planner: Jeremy
Pate
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings included as
part of this report.
COMMISSION ACTION:
March 08, 2004
COUNCIL ACTION:
April 06, 2004
BACKGROUND:
Required YES
4Approved O Denied
a1-o-o
Required YES
O Approved O Denied
Property description: The subject property, located in west Fayetteville, is currently vacant.
Immediate surrounding properties are all single family and agricultural in nature. Lot size/density
for surrounding neighborhoods varies from 1 and 2 acre lots to larger, with the exception of the
RMF-6 zoning .5 miles to the west and RT-12 zoning consisting of single family homes on small
lots north of Wedington Drive.
Proposal: The applicant has indicated the intent to develop a single-family residential
subdivision on the subject property consisting of approximately 25 residences (a density of 3.15
DU/Acre)
Request: The request is to rezone the property RSF-4, Residential Single family, 4 Units per
L)
Acre.
History: The subject property has been before the Planning Commission twice before with
rezoning requests. The first request, in November of 2003, was to rezone the property RT-12, for
development of a two-family subdivision. This request was withdrawn at the Planning
Commission meeting of November 24, with a motion to deny on the table. The applicant then
submitted plans and applications to rezone the property to R-PZD 04-03.00, allowing for 50 units
on 25 lots. Based on comments received at Subdivision Committee in January of 2004, and
staffs recommendation of denial for the request, the applicant again withdrew the rezoning
request, to meet with staff to determine a compatible land use for this area.
SURROUNDING LAND USE AND ZONING
Direction
Land Use
Zoning
North
Single
Family homes
RSF-4, Res. Single
Family, 4 DU/Acre
South
Vacant / Agricultural
R-A, Residential Agricultural
East
Single
Family homes
RSF-4, Res. Single
R-A, Residential A
Family, 4 DU/Acre
'cultural
West
Single
Family homes / Agricultural
R-A, Residential Agricultural
INFRASTRUCTURE:
Streets: Access and street frontage is along Tackett Drive to the north and Genevieve
Avenue along a portion of the western boundary of the site. Both are classified as
Local Streets on the Master Street Plan, but are not built to that standard.
At the time of development on this site, both Tackett Drive and Genevieve Avenue
would need to be improved to City Standards including pavement, curb and gutter,
storm drains and sidewalks.
Water: The property currently has access to a 2" waterline along Genevieve Avenue. An
8" water line exists along 54`" Avenue, but is not contiguous to the subject site
property boundaries.
An extension of the water main will be required to provide water supply with any
development on this property. The development will have to loop between these
two existing mains to provide dual feed for the development.
Sewer: A 6" sewer main is accessible along Genevieve Avenue.
Sewer will need to be extended to serve development on this site. Calculations
may be required to show that there is adequate capacity in these 6" lines to
handle the additional loading. If capacity is not available, offsite improvement
will be required to provide capacity.
Fire: The subject property is located 1.7 miles from the proposed Fire Station #7 on
Rupple Road. Normal driving time is 3 min. 5 seconds. Water supply will be
necessary for this property to develop. Street improvements to allow for necessary
fire apparatus ingress/egress will also be required.
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to RSF-4 is consistent with the land use plan and is compatible with surrounding single family
land uses in the area.
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: The proposed zoning for a single family residential land use is compatible
with adjacent and nearby single family residential and agricultural uses.
The General Plan designates this area for residential uses, which is
compatible with the proposed RSF-4 zoning. Access and provision of
adequate services must be considered as this site is at the outskirts of the city
and located on a street which needs improvement.
A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is justified in order to promote orderly and consistent
development patterns making use of existing infrastructure. The rezoning is
needed for the development of a single family residential subdivision as
proposed by the applicant. A subdivision with this density in the R-A district
could not be developed as it is currently zoned. A higher density than the R-
A zoning district allows is appropriate in this area, and the 4 units per acre
allowed by the requested density would provide compatibility with adjoining
developments.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will potentially create additional traffic on Tackett
Drive, Genevieve Avenue and other streets in the area. Several of the streets
in the area are too narrow for emergency vehicle access, therefore off -site
improvements would likely be necessary in order to provide safe access to
this site.
E
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: The proposed zoning would increase population density. The 7.94 acre tract
under an R-A, Residential Agricultural designation would allow for a
maximum of 3 dwelling units (1 per 2 acres). With the proposed RSF4
designation, 31 dwelling units would be permitted. This increases the
possible number of residential units, however is in keeping with existing land
uses and density in the surrounding area.
Engineering - The property currently has access to a 2" water line along Genevieve Avenue.
An existing 8" water line is located along 54th Avenue to the east. An extension of the water
mains will be required to provide water supply within any development on this property.
The development will have to loop between these two existing mains to provide dual feed
for the development.
The site currently has access to a 6" sewer main along 541h Avenue and a 6" sewer main
along Genevieve Avenue. Sewer will need to be extended within the development.
Calculations may be required to show that there is adequate capacity in these 6" lines to
handle the additional loading. If there is not capacity, offsite improvement will be required
to provide capacity.
Access will be provided along Genevieve, and Tackett. At the time of development, it will
be recommended that these roadways be improved to current City of Fayetteville standards
along the project frontage.
Fire - Water supply with fire hydrants is needed to serve development on this site. The
new fire station on Rupple Rd. will serve this site once it is constructed. Response time
from the new station (#7) will be 3 minutes 05 seconds (1.7 miles).
Police - Projects existing in this area already receive police services. The same level of
service will be provided to this site as is currently applied to the existing city subdivisions to
the north and the west. No additional equipment or personnel is needed to provide service
to this area.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning
even though there are reasons under b (1) through (4) above why
the proposed zoning is not desirable.
Finding: N/A
161,07 District RSF4, Residential Single- (G) Building area. On any lot the area occupied
Family — Four Units Per Acre by all buildings shall not exceed 40% of the total
area of such lot.
(A) Purpose. The RSF4 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
Ci
-wide uses by right
11 Unit
1 Single-family
dwelling
(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
Two-family dwellings
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Single-family
dwellings
Two-family
dwellin s
11 Units E2r acre
1 4 or less
7 or less
(D) Bulk and area regulations.
Single-family
dwellings
Two-family
dwellin s
Lot minimum width
70 ft.
80 ft.
Lot area minimum
8,000 s q. ft.
12,000 sq. ft.
Land area per
dwelling unit
8,000 sq. ft.
6,000 sq. ft.
(E) Setback requirements.
Side
1
Rear
IiFront
Ii 25 ft.
8 ft.
li 20 ft.
(F) Height. None.
9 •
E E
ISIII1hdIItS, rI>«.
Civil Engineering, Planning 8: Design
January 28, 2004
Ms. Dawn Warrick, AICP
Zoning & Development Administrator
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
RE: Sundance Subdivision (Formerly Chance & Tuggle)
Dear Ms. Warrick,
This letter is to request that the property owned by Susan Todd be rezoned from R-A to
RSF-4. Ms. Todd is planning on selling the property to David Chance and John Tuggle to
develop the property into a single-family residential subdivision consisting of 25 homes.
The rezoning will be similar to the RSF-4 zoning in the surrounding area. Also, both water
and sewer are available to the site. However, an 8" water main will have to be extended
along West Tacket to connect to the main along 54's Street.
If you have any questions or require additional information, please feel free to call.
Sincerely
Keystone
Consultants, Inc
Geoffrey H. Bates, P.E.
President / Partner
3tI'l%I 2 G ?fin/t
Office:479-750-2920 Fax:479-750-0953
5571 Bleaux Ave. Ste. A, Springdale, AR 72762 • P.O. Box 6485 Springdale, AR 72766
Planning Commission• •
March 8, 2004
Page 65
RZN 04-02.00: Rezoning (Chance & Tuggle, pp 436) was submitted by Geoffrey Bates
of Keystone Consultants, Inc. on behalf of David Chance and John Tuggle for property
located at W. Tackett and Genevieve Avenue. The property is zoned R-A, Residential
Agricultural, and contains approximately 7.94 acres. The request is to rezone the subject
property from R-A, Residential Agricultural, to RSF-4, Residential Single-family, 4 units
per acre.
Hoover: Item number eleven is RZN 04-02.00 for property located at West Tackett
and Genevieve Avenue.
Pate: The Commissioners may recognize this property has been before us
several times in a couple of different requests. The current request is to
rezone the subject 7.94 acres from R-A to RSF-4, Single Family
Residential, four units per acre. Just as a reminder, the property is located
in west Fayetteville. It is currently vacant. Surrounding neighborhood
varies from one to two acre lots to larger with the exception of a couple of
different zonings within the vicinity that is a little more dense, RMF-6 and
RMF-12 north of Wedington Drive. The applicant has indicated the intent
to develop a single family residential subdivision on the subject property.
Again, the request is to rezone the property to RSF-4. The first request in
November, 2003 was to rezone the property to RT-12. The second request
was an R-PZD allowing for 50 units. Based on comments at Subdivision
Committee at that time the applicant withdrew that request and has now
submitted the current request. Access to the site is provided by 541s
Avenue and Tackett Drive and Genevieve Avenue are surrounding streets.
Both of which are substandard and will likely be recommended for
improvements at the time of development of the subject parcel. Staff is
recommending approval of this rezoning request. It is consistent with the
land use plan in this area as a residential use and it is also more consistent
with the existing surrounding land uses.
Hoover: Thank you Jeremy. Would the applicant come forward?
Bates: Good euening''Commissioners, I'm...Geoff Bates, an engineer with
Keystone Consultants. As Jeremy pointed out, we have been before you
about three times now. The first time was RT-12 and we still wanted 50
units, it would've been 25 duplex lots but RT-12 allowed for 90 and that
made everybody uncomfortable. We went back with a PZD for 25 duplex
lots which would've been 50 units and staff thought that was too much
and none of the adjoining property owners wanted duplexes anywhere
near them so we scrapped the duplex idea, we cut the project in half to 25
single family lots and hopefully we can move forward this time. We have
met with staff, showed them our concept plan, we've met with adjoining
property owners, showed them our concept plan and talked with them and
here we are. If you have any questions I would be more than happy to
answer them.
Planning Commission •
March 8, 2004
Page 66
Hoover: Thank you. At this time we will open up this rezoning to public comment.
Is there anyone who would like to address this one?
Wonnacott: Hi, my name is Melissa Wonnacott, I live at 655 Genevieve. Jeremy had
said that 54`s Street, Genevieve and Tackett would be improved. Do you
know the time schedule on that? Right now one of my fellow neighbors
went and measured the road and 54`s Street is only 16', the narrowest spot
is 16' so I was just curious as to when that might be upgraded. That is my
biggest concern because right now people's kids come around on 54's
Street to Tackett, they are only required to do their frontage which would
no address the stop sign. There have been times when I've almost hit little
children coming around the stop sign because it is kind of blind and it is
all covered with canopy. I have no problems with single family homes, it
is much better than their initial idea but until the city has a grand scheme
of widening 540' Street I don't understand how anyone could see that it
would be safe to do this. I don't have a problem with the subdivision as a
whole but you're not looking at the whole scheme. You can't require
them to fix 54'" Street.
Hoover: Jeremy, can you respond to that?
Pate: At the time of development Engineering staff and Planning staff make a
recommendation to the Planning Commission. Most likely we'll see a
Preliminary Plat for a subdivision in this area. At that time offsite
improvements are recommended to the Planning Commission who will
ultimately make that determination. The person who just spoke is right.
Typically those offsite improvements are adjacent to the property to allow
for access. I believe the Engineering staff, with this rezoning we don't
make recommendations for street improvements. However, there are
basic requirements that we look at to ensure that there is access to the site.
I believe there has been a recommendation that for instance we would look
at an asphalt overlay or some type of improvement to get to 541h Beyond
that, I don't believe we've looked at anything else. Ir
Hoover: Is there any other member of the public?
Hisell: I'm Don Hisell, I own two parcels of land that adjoins all of this
development. If any of you all would like to see these pictures. That is
the picture of the 54 ° that we see from Tackett Road right there looking
north and we're trying to get out on the road. It is 16' at the narrowest
part. If you get down to the bridge it is 30' wide and then it goes back to
18' all the way up to Hwy. 16. I've been there somewhere close to 15
years or better and my wife has been involved in two accidents on 541h.
Both times she was hit. Cars cannot pull out on 54'h from a side street and
get on their side of the road but drivers seem to think they can. I don't
Planning Commission • •
March 8, 2004
Page 67
have too much problem at all with expanding. I, myself see that that is the
coming future. I would also like to go to New York in a big limo rather
than ride on a motorcycle. We've got acre to two acre lots. All the people
that are living there have wide open spaces and it seems like we are kind
of jammed up if we have this expansion done. The main thing I have in
my mind is what's going to come in the future if we do this. I've got one
picture that I'd like for you to look at and I don't think you really want to
see it from too close up. It brings tears to my eyes. This is my son who
was killed in 1992 hit by a car. This is the main thing we need to keep in
mind. I've got an I I year old boy. He rides his bicycle down that street.
I have rode my bicycle down that street. You do not want to be caught in
the middle between that bridge and Tackett Road. It puts you in harm's
way.
Hoover: Thank you. Is there any other member of the public that would like to
address this rezoning? Seeing none, I will bring it back to the
Commission.
Ostner: Staff, I understand we're not requiring certain improvements at this time
but on page 11.2 the staff report says "At the time of development on this
site both Tackett and Genevieve would need to be improved to city
standards." Is that the entire length of Genevieve or just the adjoining?
Warrick: That's not been determined. Again, we talk a lot about what will happen
when a property develops when we are talking about zoning because we
know that typically that is going to be the follow up request. That is what
we are going to consider if the Council decides to change the land use
available on a piece of property. What we also have to consider is that
there are certain deficiencies existing in our community right now that we
can't rely on one or two particular developments to cµre. The Planning
Commission is charged with placing the requirement for improvements on
and off site for development projects but those improvements have to bear
some sort of nexus or rough proportionality with the amount of impact that
is being caused by that development.. That is the balance that we always
have to try and strike when we are dealing with new development verses
existing conditions. Improvements upon existing conditions very well
may be necessary and required because of additional development and
additional impact but it has to bear a rational nexus to the amount of
impact that's being caused by a particular development. We will review
that. We do look at that very seriously when projects come into the
development review cycle and we bring forward to you, the Planning
Commission, our best recommendations for what we feel is appropriate
for infrastructure improvements.
Ostner: Thank you.
Planning Commission • •
March 8, 2004
Page 68
Hoover: Are there other comments?
Bunch: This reminds me of a development that we saw not too long ago on Mt.
Comfort Road where one of the conditions of approval for the
development was the widening of several streets off site to bring them up
to a minimum width. I think it had to do with Rupple, Mt. Comfort
intersection and considerable length of Mt. Comfort that I believe at that
time it was bringing it up to a minimum 18' width. I know on this
particular project we saw it before as a PZD so we had a greater amount of
plans in front of us. This is just a rezoning. I will just remind the
Commissioners that as this does come back we have in the recent past
seen plans for considerable off site work that may have been quite a few
linear feet but may not have been that much asphalt because we are
looking at changing something from 16' to guaranteeing a minimum of
18'. That is the observation I wanted to bring forward at this time.
Hoover: Are there other comments?
Ostner: Madam Chair, the first time I saw this project the baby wasn't even here
yet. I am ready to approve it. I would like to make a motion that we
forward RZN 04-02.00 with a recommendation of approval to the City
Council.
Bunch: Second.
Hoover: There is a motion by Commissioner Ostner and a second by
Commissioner Bunch, is there more discussion? I guess I just want to
make one comment just so the neighbors understand that when the
Preliminary Plat comes through that's when they are going to discuss
these improvements and we hope that you are involved then because
you've made some good points. Right now we are just looking at density
in general. Are there any other comments? Renee?
_Roll Call: Upon the completion of iroll call the motion to recommend hpproval of
RZN 04-02.00 to the City Council was approved by a vote of 9-0-0.
Thomas: The motion carries nine to zero.
Hoover: Thank you. We have an announcement.
Church: As of Friday I
will be moving out of the city
limits
of Fayetteville so I will
have to resign
my position a couple of weeks
early
because of that.
Hoover: Thank you for your service.
Announcements
RZN04-02.00 CHANCE & T U G G L E
Close Up View
Overview
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Subject Property Boundary Master Street Plan
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outside city 0000 wswdc c0oecw
0 0.1 0.2 0.4 0.6 01
files
Overview Legend Boundary
Subject Property
RZN01-02.00 �i Planning Area Master Street Plan
0 o ��, Freeway/Expressway
o Overlay District
oo_o_o
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^� Minor Arterial
Existing Outside City
.. - s , i Collector
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- �** Historic Collector
0 200 400 800 1,200 1,600
Feet
STAFF MEW FORM - NON -FINANCIAL OPGATION
AGENDA REQUEST
For the Fayetteville City Council Meeting of:
FROM:
Dawn Warrick
fnni-
Planning
Division
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
VWX1110
CP&E
Department
RZN 04-02.00: Rezoning (Chance & Tuggle, pp 436) was submitted by Geoff Bates of Keystone Consultants,
Inc. for property located at W. Tackett and Genevieve Avenue containing approximately 7.94 acres. The
request is to approve an ordinance rezoning the subject property from R-A, Residential Agricultural to RSF-4,
Residential Single Family, four units per acre.
STAFF RECOMMENDATION
Department Director
Finance & Internal Services Dir.
Approval.
p Received in Mayor's Office 3 v�
Date Date �,O
Date
IM
Cross Reference:
Previous Ord/Res#:
Date Orig. Contract Date:
y
Date
3 D
ate
Orig. Contract Number:
New Item:
Yes No
•
H
FAYETTEVILLE
THE CITY OF FAYE7TEVMLE, ARKANSAS
PC Meeting of November 24, 2003
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 501-575-8202
ENGINEERING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Matt Casey, Staff Engineer
DATE: November 18, 2003
RZN 03-35.00: Rezoning (Chance & Tuggle, pp 436) was submitted by Geoffrey Bates of
Keystone Consultants, Inc. on behalf of David Chance and John Tuggle for property located
at West Tackett and Genevieve Avenue. The property is currently zoned R-A, Residential
Agricultural and contains approximately 10.06 acres. The request is to rezone the property
RT-12, Residential Two and Three-family: Planner: Jeremy Pate
• A determination as to whether the proposed zoning would create or appreciably
increase traffic danger and congestion
• 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.
The property currently has access to an 8" water line along 54`h Avenue and a 2" water
line along Genevieve Avenue. An extension of the water main will be required to
provide water supply within any development on this property. The development will
have to loop between these two existing mains to provide dual feed for the development.
The site currently has access to a 6" sewer main along 54`h Avenue and a 6" sewer main
along Genevieve Avenue. Sewer will need to be extended within the development.
Calculations may be required to show that there is adequate capacity in these 6" lines to
handle the additional loading. If there is not capacity, offsite improvement will be
required to provide capacity.
Access will be provided along Genevieve, Tackett and 54th Avenue. At the time of
development, it will be recommended that these roadways be improved to current City
of Fayetteville standards along the project frontage.
Name Matt Casey Department Engineering
K-IReponsl20031PCREPOR73111-241R7N 03-35.00 (Ownce & Tuggle)IEnginemng Cbm ents.doc
ti
Nov V! 03 04:13p Dwa Farrar
(5* 444-3447 p.2
FAYETTEVILLE
FIRE MARSHAL'S OFFICE
THE CITY OF FAYETTEVILLE, ARKANSAS
From Fire Prevention Bureau
To: Planning Division
Date
REZONING ✓ ANNEXATION
REZONING#03: ,OD OWNERNanecllgr4le _
ANNEXATON# OWNER
LOCATION OF
PROPERTY f/(% ���i ft✓/tVG
NEAREST FIRE STATION AND
LOCATION , ,,,,s a �j ¢Yjgy1 �f 7 inn/ �i9fP `
RESPONSE TIME FROM FIRE STATION # 7 TO
LOCATION OF
PROPERTY 3 MINUTES D S SECONDS.
TRAVEL MILES FROM FIRE STATION # % TO LOCATION OF
PROPERTY__(,?.,
COMMENTS ON FIRE DEPT.
ACCESS/ROADWAYS raaalyAy 1�p—[bu1 gt, 5t{f,~ •T Mee
c.,a lk S4c rYl�,� i2e+0u r.c4
EXISTING FIRE DRANTS? IF SO
LOCATION
ATER SUPPLY WITH HYDRANTS
COMMENTS
MAIN OFFICE ( l SUBSTATION
115 SOUTH CHURCH ST. v
(501) 444-3448 / (501) 444-3449 N.W.A. MALL
FAX (501) 575-8272 (501) 575-8271
FAX (501) 575-8272
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
November 18, 2003
Dawn Warrick
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Warrick,
P
This document is in response to the request for a determination of whether the proposed
RZN 03-35.00 Rezoning (Chance & Tuggle, pp 436) submitted by Geoffrey Bates of
Keystone Consultants, Inc. on behalf of David Chance and John Tuggle for property
located east of College Ave, north of Township on Brophy Circle would substantially
alter the population density and thereby undesirably increase the load on public services
or create an appreciable increase in traffic danger and traffic congestion.
It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially alter the population density and thereby undesirably increase the load on
police services or create an appreciable increase in traffic danger and traffic congestion.
Sincerely,
edteri rows n
Fayetteville Police Department
POLICE DEPARTMENT
'AYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701
?O. BOX 1988 JAIL: 140-A WEST ROCK STREET 72701
FAYETTEVILLE, ARKANSAS 72702-1988 PHONE: 501-587-3555 FAX:501-5873522
FAYETTEV&LE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearmanz
City Clerk Division
Date: April 23, 2004
Re: Ordinance No. 4557
Attached is a copy of the above ordinance passed by the City Council April 20, 2004, authorizing
rezoning, RZN 04-02.00, property located at West Tackett and Genevieve Avenue owned by
David Chance and John Tuggle. This ordinance with attachments will be recorded in the city
clerk's office and microfilmed.
If anything else is needed please let the clerk's office know.
/cbp
attachments
A Democrat " � s`SlSa'
AFFIDAVIT OF PUBLICATION
I, do solemnly swear that I am
Leg I Clerk of the Arkansas Democrat-Gazette/Northwest.Arkansas
Times newspaper, printed and published in Lowell, Arkansas, and that
from my own personal knowledge and reference to the files of said
publication, that advertisement of:
was inserted in the regular editions on
PO# c(LL���
** Publication Charge: $ i oS 0 'q
Subscribed and sworn to before me this
04 day of /tifay , 2004.
Notary Public
My Commission Expires: 021d 5-/101�?
** Please do
not
pay
from Affidavit.
An invoice
will
be
sent.
Official Seal
SEAN-MICHAEL ARGO
Notary Public -Arkansas
WASHINGTON COUNTY
My Commission Expires 07.25,2013
RECEIVED
MAY 0 5 2004
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 9 (501) 442-1700
ORDINANCE NO. {EN7
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
C LE FOR PROPERTY LOCATED AT
ST TACKETT AND GENEVIEVE AVENUE CONTAINING~,' al F"
ApppGXNMTELY 7.94 ACRES FROM R-A, RESIDENTIAL
AGfBCIATURAL TO RSF4. RESIDENTIAL SINGLE FAMILY. (OUR LOTS PERACRE
BE, FT OIIDANIED EY THE CRY COI)mcjL OF THE CRY OF IAVETTUVRAR, ANNANSWA
Section 1: T1u1 the zone dMetkoti?n of the Uawi g dffio* d Mpamy *06eoy changed as 1010�
Frog! R.A. Res001bal AgdCLAIN& IU RSF4, ReslOWAIN Stele-Fw*' 4 !kite Pat Atao ae ehdwn In
E tim -A- attached hereto and meth a Pert betel/.
Section 2. Thai the olRtiel Zoning meP Of the City 01 Fe/taly le, Ar4nces. is hereby WrWK d to reAeat
the xcN1g large pm4KW in SOCtlon 1 eho+e.
PAWED wW APPROVED this the 20th day of API. 2004.
APPROVED:
EXHIBITOR'
RZN 04-02.00
A PART OF THE E1/2 OF THE SW 1/4 OF SECTION 11, TOWNSHIP 19 NORTH. RANGE 31 WEST OF
THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS. AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A RAILROAD SPIKE FOUND AT THE SOUTHEAST CORNER OF THE SE1/4 OF THE
ST; THENCE ALONG THE
SOUTHF SAID LINEOF SAID SEAM OF ECTION Al. HE SW114 NB7
THT39'25-W 160,50 FEEET, THENCE NOE'2035-E
M2.21 FEET: THENCE N87049'02'W 282.63 FEET TO THE POINT OF BEGIIY411M THENCE
A �� Wini
RF21
TUNE S02925'121W 499.04
�E OR LESS. SUBJECT TO
FACT.