HomeMy WebLinkAboutOrdinance 4569ORDINANCE NO.4569
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04-04.00 AS SUBMITTED BY
MICHELE HARRINGTON ON BEHALF OF GARY BRANDON
ENTERPRISES, INC. FOR PROPERTY LOCATED SOUTH OF
ALBRIGHT ROAD ON GEORGE ANDERSON ROAD CONTAINING
APPROXIMATELY 9.99 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 4`h day of May, 2004.
APPROVED:
Eci• p
;FAYETTEVILLE•
ATTEST: 488 : �- 9
SONDRA SMITH, City Clerk Doc ID: 007275540002 Tvoe: REL
Recorded: 05/21/2004 at 08:24:07 AM
Fee Amt: $11.00 Pace 1 of 2
Mashlncton Countv. AR
Bette Stamos Circuit Clerk
File2004-00019672
0
EXHIBIT "A"
RZN 04-04.00
A PART OF THE SOUTHEAST QUARTER (SE '/4) OF THE SOUTHEAST QUARTER
(1/4) OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE
TWENTY-NINE (29) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
COMMENCING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, SAID
POINT BEING IN ALBRIGHT ROAD AND FROM WHICH A REFERENCE IRON SET
ON THE SOUTH RIGHT OF WAY OF SAID ROAD BEARS S02039'0719W -18.94 FEET;
THENCE S2034107" W-330.06 FEET ALONG AN EXISTING FENCE ON THE
OCCUPIED WEST LINE OF SAID 40 ACRE TRACT TO THE POINT OF BEGINNING,
THENCE S87024'24"E 660.00 FEET, THENCE S87024107"E-658.59 FEET TO A POINT
ON THE EAST LINE OF SAID 40 ACRE TRACT, THENCE ALONG SAID EAST LINE
S2031' 12"W - 330.00' TO A POINT IN GEORGE ANDERSON ROAD FROM WHICH A
REFERNECE IRON SET ON THE WEST RIGHT OF WAY OF GEORGE ANDERSON
ROAD BEARS N87024'03"W - 31.82 FEET, THENCE N87024303"W - 658.95 FEET,
THENCE N87024'46" W - 659.92 FEET TO A POINT ON THE OCCUPIED WEST LINE
OF SAID 40 ACRE TRACT, THENCE ALONG AN EXISTING FENCE ON SAID
OCCUPIED WEST LINE N2034107" E - 330.06 FEET TO THE POINT OF BEGINNING.
CONTAINING 9.99 ACRES, MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
05/21 /2004 08:24:07 AM
and recorded in Real Estate
File Number 2004-00019672
Bette Stamps - Circuit Clerk
by
• 0
NAME OF FILE: Ordinance No. 4569
wlEx. A
CROSS REFERENCE:
Item # Date Document
1 04/15/04 memo to mayor & city council
2 draft ordinance
3 04/08/04 memo to Planning Commission
4 copy of § 161.07
5 04/05/04 letter to Dawn Warrick
6 04/05/04 memo to planning
7 copy of Close Up View
8 copy of One Mile View
g copy of Future Land Use
10 04/12/04 copy of Planning Commission minutes
11 05/04/04 Staff Review Form
12 05/12/04 memo to Dawn Warrick
13 05/13/04 Affidavit of Publication
NOTES:
05/21/04 Ifiled w/Wash. Co. Circuit Clerk
• City CounciReeting of May 04, 2004
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
1�17'lv o y-owls'
Thru: Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administrator N4�
Date: April 15, 2004 !''
Subject: Rezoning request for Harper/Brandon (RZN 04-04.00)
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 9.99 acres
of property from R-A, Residential Agricultural to RSF-4, Residential Single-family, 4
units per acre.
BACKGROUND
The subject property is 9.99 acres and located east of Crossover Road (principal arterial),
north of Copper Creek Phase I1, and south of Springdale city limits. It is adjacent to the
city limits along its southern boundary where it abuts the Copper Creek Phase I1, an
approved preliminary plat. The north, east, and south boundaries are not contiguous to
the City limits. Although the tract of land will result in the expansion of a peninsula, it
will create a city boundary that will extend to the Planning Area boundary. Connectivity
and off -site improvements will be evaluated at the time of development
Proposal: The applicant proposes to rezone the 9.99 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 April 12, 2004, the Planning Commission voted 8-0-0 to forward this rezoning
request to the City Council with a recommendation for approval with an accompanying
annexation request.
BUDGETIMPACT
None.
16 7 ] 1C"►to) Do►`[1a
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 04-04.00 AS SUBMITTED BY MICHELE HARRINGTON ON
BEHALF OF GARY BRANDON ENTERPRISES, INC. FOR PROPERTY
LOCATED SOUTH OF ALBRIGHT ROAD ON GEORGE ANDERSON ROAD
CONTAINING APPROXIMATELY 9.99 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: ,v\1 ��
Section 1: That the zone' classification of the following described
property is hereby changed as follows:
From R-A, Residential Agricultural to RSF74, 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 I above.
PASSED ANWAPPROVED this day of v 12004.
APPROVED:
, 1. ; > \ By.
i
ATTEST\ \
By:
Sondra Smith, City Clerk
DAN COODY, Mayor
EXHIBIT "A"
RZN 04-04.00
A PART OF THE SOUTHEAST QUARTER (SE'/<) OF THE SOUTHEAST QUARTER
(1/4) OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE
TWENTY-NINE (29) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
COMMENCING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, SAID
POINT BEING IN ALBRIGHT ROAD AND FROM WHICH A'REFERENCE IRON SET
ON THE SOUTH RIGHT OF WAY OF SAID ROAD BEARS'S02039107"W -18.94 FEET;
THENCE S2034707" W-330.06 FEET ALONG AN <EXISTING\FENCE ON THE
OCCUPIED WEST LINE OF SAID 40 ACRE TRACT/TO THE POINT OF BEGINNING,
THENCE S87024'24"E 660.00 FEET, THENCE S87,5 24'07"E-658.59 FEETTO A POINT
ON THE EAST LINE OF SAID 40 ACRE TRACT; THENCE ALONG SAIDEAST LINE
S203I' 12"W - 330.00' TO A POINT IN GEO,RGE ANDERSON ROAD FROM WHICH A
REFERNECE IRON SET ON THE WEST RIGHT OF\WAYOF,GEORGE ANDERSON
ROAD BEARS N87024903"W - 31.82 FEET, THENCE N87024903"W - 658.95 FEET,
THENCE N87024346" W - 659.92 FEET TO A POINT ON THE OCCUPIED WEST LINE
OF SAID 40 ACRE TRACT, THENCE, -ALONG AN EXISTING FENCE ON SAID
OCCUPIED WEST LINE N2034107" E -`:330.06 FEET TO THE POINT OF BEGINNING.
CONTAINING 9.99 ACRES, MORE ORS -LESS/
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6
9
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of April 12, 2004
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Associate Planner
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: April 8, 2004
RZN 04-04.00: Rezoning (Harper/Brandon, pp 61) was submitted by Michelle Harrington of
Harrington, Miller, Neihouse & Krug, P.A. on behalf of Craig and Karyn Harper and Gary
Brandon for property located at Albright Road and George Anderson Road. The property is
zoned R-A, Residential Agricultural and contains approximately 9.99 acres. The request is to
rezone the subject property to RSF-4, Residential Single-family, 4 units per acre. Planner:
Suzanne Morgan
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein,
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
April 12, 2004
CITY COUNCIL ACTION:
Date: May 04, 2004
BACKGROUND:
Required YES
O Approved O Denied
Property description: The subject property contains to tracts of property equaling 9.99 acres of
vacant property located east of. Crossover Rd. (principal arterial), north of Copper Creek Ph. II,
and south of Springdale city limits. The property is adjacent to the city limits along its southern
boundary where it abuts the Copper Creek Ph. II (PPL under construction) from which
connectivity will be provided to the north.
Proposal: The developer's intent is to develop a single family residential subdivision as an extension
of Copper Creek Ph. II.
Request: The applicant is requesting the property be rezoned from R-A, Residential Agricultural, to
RSF-4, Residential Single Family, 4 dwelling units per acre, should the preceding Annexation
request be approved.
When property is annexed into the City, it is annexed as R-A, Residential Agricultural. If annexation
request ANX 04-05.00 is recommended for approval to City Council, the applicant would like to
rezone the 9.99 acres to RSF-4, Residential Single -Family, 4 units per acre.
Recommendation: Staff recommends approval of the rezoning request based on the findings
included in the staff report. Future development on this site will be regulated by the City to
ensure adequate services, infrastructure, connectivity and consistent development within the
surrounding area.
SURROUNDING LAND USE AND ZONING:
Direction
Land Use
Zoning
North
Single-family
City of Springdale
South
Vacant (PPL Copper Creek Ph.
II under constructionper
RSF-4, Residential Single Family, 4 units
acre
East
Single-family
Planning Area
West
Vacant
Planning Area
INFRASTRUCTURE:
Streets: George Anderson Road is not an improved roadway. At the time of development,
street improvements will be recommended for the property frontage to widen the
street to 14' from centerline including storm drains, curb and gutter, pavement and
sidewalks. The east side of the roadway will be in the county, and will need to be
improved to current county standards.
Surrounding Master Street Plan Streets:
North: Albright Rd. (no classification)
South: Zion Rd (collector)
East: George Anderson Rd. (collector) and Howard Anderson Rd. (collector)
West: Copper Creek Dr. (local)
Water: The property will have access to an 8" looped water main system that is being
installed with Copper Creek Phase 2 subdivision. An extension of the water main
will be required to provide water supply and fire protection within any
development on this property.
Sewer: The site will have access to an 8" sewer main that is being installed with Copper
Creek Phase 2 subdivision. Sewer will need to be extended within the
development. The developers engineer will need to provide calculations to show
that there is adequate capacity in the Copper Creek 2 lift station and the
Stonewood lift station. Upgrades to these stations and/or force mains may be
required.
Fire: The subject property is located 4.7 miles from the Fire Station #4. Normal driving
time is 8 min. 27 seconds. The property is located 5.7 miles from Station #5 at
833 Crossover Rd with a response time of 9 minutes 28 seconds.
Police: It is the opinion of the Fayetteville Police Department that this annexation and
rezoning will not substantially alter the population density and thereby
undesirably increase the load on police services or create and appreciable increase
in traffic danger and congestion in the area.
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to RSF-4 is consistent with the land use plan and compatible with surrounding land uses in the
area.
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: The proposed zoning for a single family residential subdivision is compatible
with the proposed land use to the south. Adjacent property to the east and
west are within the Planning Area. The land to the east is utilized for single
family residential and agricultural uses, with vacant property to the west.
Springdale city limit creates the northern property boundary and is
developed for single family use. 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 streets which need improvement.
2. 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. A higher
density than the R-A zoning district allows for development of a subdivision
with density appropriate in this area, and would provide compatibility with
the adjoining development. In order to develop a residential subdivision on
this property in a manner that is consistent with the future land use plan, a
residential zoning district is needed.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
• 0
Finding: The proposed zoning will provide additional traffic on Zion Rd to the south,
George Anderson Rd to the east, and the infrastructure both existing and
being constructed within Copper Creek Phases I and II. Off -site
improvements would likely be necessary in order to provide safe access to
this site.
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 9.99 acre tract
under an R-A, Residential Agricultural designation would allow for a
maximum of 4 dwelling units (1 per 2 acres). With the proposed RSF-4
designation, 39 dwelling units would be permitted. This increases the
possible number of residential units substantially, but is consistent with land
use and zoning in the immediate vicinity.
Engineering - George Anderson Road is not an improved roadway. At the time of
development, street improvements will be recommended for the property
frontage to widen the street to 14' from centerline including storm drains,
curb and gutter, pavement and sidewalks. The east side of the roadway will
be in the county, and will need to be improved to current county standards.
The property will have access to an 8" looped water main system that is
being installed with Copper Creek Phase 2 subdivision. An extension of the
water main will be required to provide water supply and fire protection
within any development on this property.
The site will have access to an 8" sewer main that is being installed with
Copper Creek Phase 2 subdivision. Sewer will need to be extended within
the development. The developers engineer will need to provide calculations to
show that there is adequate capacity in the Copper Creek 2 lift station and
the Stonewood. lift station. Upgrades to these stations and/or force mains
may be required.
Fire - The subject property is located 4.7 miles from the Fire Station #4. Normal
driving time is 8 min. 27 seconds. The property is located 5.7 miles from
Station #5 at 833 Crossover Rd with a response time of 9 minutes 28 seconds.
Po/ice - It is the opinion of the Fayetteville Police Department that this annexation
and rezoning will not substantially alter the population density and thereby
undesirably increase the load on police services or create and appreciable
increase in traffic danger and congestion in the 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 RSF-4, Residential Single -
Family — Four Units Per Acre
(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 8 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 9
Two-famil dwellin s
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Single-family
dwellings
Two-family
dwellin s
11 Units per acre
1 4 or less
1 7 or less
(D) Bulk and area regulations.
Single-family
dwellin s
Two-family
dwellin s
Lot minimum width
70 ft.
80 R.
Lot area minimum
8,000 sq. ft.
f 2,o00 s . ft.
Land area per
dwellin unit
8,000 sq. ft.
6,000 sq. R.
(E) Setback requirements.
Front
Side
Rear
ll 25 ft.
8 ft.
1 20 ft.
(F) Height. None.
(G) Building area. On any lot the area occupied
by all buildings shall not exceed 40% of the total
area of such lot.
(Code 1991, § 160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
417818-31-99)
FAYEt TEVILLE RECEIVED
THE CITY OF FAYETTEVILLE, ARKANSAS
April 53 2004
Dawn Warrick
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Warrick,
APPe
P LA N N I iv u U I V• POLICE DEPARTMENT
This document is in response to the request for a determination of whether the proposed
ANX 04-05.00 Annexation (Harper/Brandon, pp 61) and RZN 04-04.00 Rezoning
(Harper/Brandon, pp 61) submitted by Michelle Harrington on behalf of Craig and
Karen Harper and Gary Brandon for property located at Albright Road and George
Anderson Road 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 annexation and rezoning
will not substantially alter the population density and thereby undesirably increase the
load on police services nor create and appreciable increase in traffic danger and traffic
congestion.
Si cerely,
Lieutenant William Brown
Fayetteville Police Department
FAYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701
P.O. BOX 1988 JAIL: 140-A WEST ROCK STREET 72701
FAYETTEVILLE, ARKANSAS 72702-1988 PHONE: 501-587-3555 FAX:501-587-3522
Apr 05 04 03:13p D�j Farrar
(SW 444-3447 p.2
FAYETTEVILLE
FIRE MARSHAL'S OFFICE
THE CITY OF FAYETTEVILLE, ARKANSAS
From: Fire Prevention Bureau
To: Planning Division
Date oy-OS-&
REZONING c/' ANNEXATION
REZONING # A?WdY4*0 OWNER
i'llNEXATON0.
• --- - -- -
LOCATION OF
PROPERT
NEAREST FIRE STATION AND
LOCATION s%/i4��i�-.>
RESPONSE TIME FROM FIRE STATION # To
LOCATION OF
PROPERTY F MINUTES Z? SECONDS.
TRAVEL MILES FROM FRIE STATION W—Y TO LOCATION OF
PROPERTY
COMMENTS ON FIRE DEPT,
ACCESS/ROAD WAYS
WATER SUPPLY WITH HYDRANTS
NEEDED?.. /zj(,e_
ADDITIONAL
MAIN OFFICE
115 SOUTH CHURCH ST.
(501) 444-3448 / (501) 444-3449
FAX (501) 575-8272
SUBSTATION
N.W.A. MALL
(501) 575-8271
FAX (501) 575-8272
_\ N :1 :3 :41:i :IFAA i I pie
RZN04-04.00 HARPER/ B RA N D O N
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Overview Legend
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Planning Commission • •
April 12, 2004
ANX 04-05.00: Annexation (Harper/Brandon, pp 61) was submitted by Michelle
Harrington of Harrington, Miller, Neihouse & Krug, P.A. on behalf of Craig and Karyn
Harper and Gary Brandon for property located at Albright Road and George Anderson
Road. The property is in the Planning Area and contains approximately 9.99 acres. The
request is to annex the subject property into the City of Fayetteville.
RZN 04-04.00: Rezoning (Harper/Brandon, pp 61) was submitted by Michelle
Harrington of Harrington, Miller, Neihouse & Krug, P.A. on behalf of Craig and Karyn
Harper and Gary Brandon for property located at Albright Road and George Anderson
Road. The property is zoned R-A, Residential Agricultural and contains approximately
9.99 acres. The request is to rezone the subject property to RSF-4, Residential Single-
family, 4 units per acre.
Ostner: The next item on our agenda is ANX 04-05.00 for Harper/Brandon.
Morgan: I will review the Annexation request along with the Rezoning request
together.
Warrick: They will require separate votes but since they are the same property you
might want to hear them together.
Ostner: Ok, so we are going to hear the rezoning and discuss it and then we will
hear the annexation and discuss it and vote on them separately.
Morgan: I will review the annexation first. The subject property contains two tracts
of property equaling 9.99 acres. This property is vacant and it is located
east of Crossover Road, a principal arterial, and north of Copper Creek
Phase II, an approved Preliminary Plat. It is also south of the Springdale
city limits. The property is adjacent to the city limits along it's southern
boundary for approximately 1,300 feet and this is where it abuts Copper
Creek Phase II. The applicant is proposing the Annexation of the property
into the City of Fayetteville. We noted a rezoning request has been
submitted for this property. Staff has reviewed this and made some
findings. The requested annexation will extend an existing peninsula to
the north. The extension, however, will create an appropriate boundary
that will extend to the Planning Area boundary limits. No island
completely surrounded by a municipality will be created by annexing this
subject property. In addition, this area does not consist of a defined
subdivision or neighborhoods. However, future development plans may
include the extension of the Copper Creek subdivision and proposed
boundaries for property lines. Current conditions result in a fire response
time of just over eight minutes from Fire Station #4 and over nine minutes
from Fire Station #5. Any development in this area would necessitate
installation of hydrants and other such infrastructure improvements to the
area. The Police Department reports that current levels of service would
not be compromised and that coverage in this area can be provided.
Planning Commission
April 12, 2004
Annexations into the city automatically are zoned R-A and the applicant is
requesting to rezone to RSF-4. I will review the findings that staff has
made for that request for a rezoning. The proposed zoning is for single
family residential and is compatible with the proposed land use to the
south. The land use to the east is utilized for single family residential and
agricultural uses with the property to the west vacant. A higher density
than the R-A district allows for development of a subdivision with density
appropriate in this area and would provide compatibility to the south.
With those findings, staff is recommending approval of the requested
Annexation and Rezoning.
Ostner: Thank you Ms. Morgan. Is the applicant present? Could you introduce
yourself?
Harrington: My name is Mickey Harrington, I'm the attorney for the Brandons and the
Harpers. With me tonight is the engineer on the project, Brian Moore of
ESI and Mr. and Mrs. Brandon. If you have any questions we are here to
answer them. I don't think there is anything to present that staff has not
already told you about. We do request approval of both the Annexation
and the Rezoning.
Ostner: Thank you. At this point I will open it up for public comment. If you
would like to come forward and tell us your name and give us your
comments.
Stewart: I am Alan Stewart, I live on George Anderson Road. Some of us here live
on single houses on multiple acres and we are a little bit concerned about
having 40 houses jammed on 10 acres. We are concerned about traffic,
we are concerned about drainage, we are concerned about the width of
Albright Road, which is already very narrow. The other person eluded to
the fire coverage, we are also concerned about that. I would like to have
these questions answered. None of us, as far as I know, has yet seen a plat
of this property and we would like to have some of these questions
answered. Thank you.
Ostner: We'll try to do that tonight.
Nooncaster: My name is John Nooncaster, my property abuts this. I have a map of this
if you wouldn't mind taking a look at this. It is kind of a long story. I'll
try to make it short and not burden you too much. The pink color on this
map is Albright Road is here, this is the City of Springdale. The City of
Fayetteville is along the western portion of this map. The City of
Fayetteville also continues to the south of the Harper property, which is
the brownish, orange property located here. I own the two tracts of
property that are colored in yellow here. In this area bounded by George
Anderson Road there are approximately 40 acres that are still county
Planning Commission • •
April12, 2004
property. Out of this you are having an Annexation request for 10 acres
tonight. Two weeks from now I have an application for an Annexation of
the southern 20 acres that I own in this area as well. I had discussions
with Ms. Warrick about a year ago and I was getting her opinion on staff s
recommendation of bringing in both tracts of property that I own in this
area. She said that there was a concern by the Planning Department that
the blue tract here, which is approximately a three acre tract, would create
an island if I brought my Annexation without that property. After much
time and effort I decided it was better to bring an application for only the
20 acre tract and not for the 7 acre tract that is north of that because I felt
that at some time in the future there would be a request for this Harper
property to be brought into the city and they would face the same issue
that I was facing, the creation of an island. If you read the General Plan
2020 it says one of the guiding principles is that annexations of existing
islands and peninsulas should be formed. It says we should not annex
areas that would create an island or a peninsula. Developers are often
accused of trying to circumvent the rules and trying to get loop holes. If
you read the finding that staff has it says no island, a tract of county
property completely surrounded by a municipality will be created by
annexing the subject property. That statement is totally true but the item
that is glossed, over in that statement is the fact that it will not be
surrounded by a municipality. There will be 30 acres in this area that will
be completely surrounded by the municipalities of Fayetteville and
Springdale. In my reading of that it says an island. It does not say an
island that is surrounded by one municipality, it says an island. That is
why I have chosen when I had my chance to make an application for the
20 acres that I did not brim the seven acres in because I had a discussion
with Mr. Pate on March I I and he also voiced similar concerns about the
creation of an island with this three acres of property. Apparently, if you
create a three acre island it seems to be a trouble, you create a 30 acre
island apparently there is not trouble with it. That was the comments I
had. If anybody has any additional questions I would be happy to answer
them.
Ostner: Are there other members of the audience who would like to comment on
both the Annexation and Rezoning?
Rothenberger: My name is Andrea Rothenberger. My husband and I also own acreage
wit all of the folks in our row on George Anderson Road and we have not
been approached at all, unlike some of the others I've heard tonight, by the
applicant at all, Mr. Brandon or Mr. Harper in regard to what the plans are
for the residential rezoning. I would like to know and I think others of us
would just like to know a little bit more and have more information in
general about what the intent is on the square footage of the homes and in
general what would be planned for homes there.
Planning Commission • •
April 12, 2004
Ostner: Thank you. Are there other members of the public who would like to
comment on this issue?
Stewart: My name is Catherine Stewart and I also own property on George
Anderson Road. My question is George Anderson Road is currently a
gravel road. Is the plan to pave this or maintain it as a gravel road and
what would be the implication of additional traffic on a gravel road during
the winter and the summer when there is a lot of dust?
Ostner: Are there other members of the public who would like to comment on
these two items? Seeing none, I will close it to the public and bring it
back to the Commission for discussion with the applicant.
Anthes: I wondered if staff might talk to the neighbors on George Anderson Road
and tell them when in the process they will be privy to the development
plans.
Warrick: The process is just getting started at this point in time. We are considering
annexing 9.99 acres into the city limits of Fayetteville and should that be
approved by the City Council the request is for that property to then be
zoned for single family residential use with no more than four units per
acre. Once that is in place, should the Council approve those two requests,
the applicant would then be able to submit a development proposal to the
city showing a Preliminary Plat to layout a subdivision showing street
connections, how many lots, what size lots, where detention is, and what
improvements would be going along with that particular development.
That will go again through the Planning Commission review process. It
will be heard at two public hearings through the Planning Commission
process prior to approval. That is a secondary action once this particular
request and it's accompanying rezoning request are through the process.
Should the Council choose not to annex the property or zone it we would
not see a development proposal unless the applicant chose to develop a
project in the city's Planning Area, which would not be required to meet
certain development criteria of the city.
Moore: I'm Brian Moore with Engineering Services. Copper Creek Phase II abuts
George Anderson Road. In Copper Creek Phase II we are making
improvements to our side of George Anderson Road to the city standards
and the other side, the east side, to the county standards. I would assume
that it would be the same. The development of this acreage we would end
up doing the same thing.
MOTION:.
Anthes: By annexing
the property we are able
to, as
a city,
require a
higher level of
standards for
that street development
than
if the
property
remains in the
Planning Commission • •
April 12, 2004
county. Knowing that, I would like to move to send ANX 04-05.00 to the
City Council with a recommendation for approval.
Shackelford: I will second.
Ostner: We have a motion and a second. Is there any other discussion on this
issue?
Trumbo: Mr. Nooncaster's concern about the island, I was wondering if the staff
could comment on that.
Warrick: Staff believes that what is being created here, while it will be a 30 acre
tract of land that is surrounded on all four sides by incorporated properties,
on three sides by the City of Fayetteville and on the north by the City of
Springdale, with regard to the Annexation policy, we are not creating an
island that the city would then have the ability to control by annexing it
through ordinance as we could if that piece of property were surrounded
on all four sides by the City of Fayetteville. I believe what we have here
is a timing issue. It is a situation where the property to the east has come
before, the Nooncaster property, which is slated for your agenda on the
26`h. With regard to whether the three acre Kelly tract is then of issue, that
is something that we have to weigh the Annexation policy against. In
reality, should the Council choose to annex this 10 acres that we are
considering tonight, I believe it makes the case even stronger for the
Nooncaster and Kelly properties to be annexed into the City of
Fayetteville because they are surrounded on three sides by the City of
Fayetteville. They are within the City of Fayetteville Planning Area,
which is the designated boundary that we feel will become annexed to the
city within a 25 to 30 year span. Therefore, being suitable to be annexed
into the city. It is a timing issue and what we see first, second and last is
really based on when applicants propose to go into the process. The city is
not actively reaching out and annexing by election at this point in time.
There are other communities in Northwest Arkansas that are choosing to
do that right now but it is not something that the City of Fayetteville
desires to do. We look for people to petition to annex into the city and
then once we have the application in process and understand what's being
requested, we analyze that against our adopted policies to make a
recommendation to you and to the City Council on that request.
Ostner: Thank you. Is there any other discussion? Renee, can you call the roll
please?
Roll Call: Upon the completion of roll call the motion to forward ANX 04-05.00 to
the City Council with a recommendation for approval was approved by a
vote of 8-0-0.
Planning Commission
April 12, 2004
Thomas: The motion carries eight to zero.
Ostner: The next item is tandem to this, RZN 04-04.00 for Harper Brandon, the
same parcel and the same project we have already been talking about. We
have already heard a presentation. Commissioners, do you have
discussion on this Rezoning?
Shackelford: Based on what we just did, the request was an annexation. The property
comes in under bylaw as zoned Agricultural. On the 2020 Plan and
looking at adjoining neighborhoods, it makes a lot more sense I think to
be zoned RSF-4 with a maximum of four units per acre. Based on staff's
findings and those two points of fact, I will make a motion that we
recommend approval to the City Council of RZN 04-04.00.
Anthes: I will second. I would also like to encourage the developers to have a
meeting with the neighbors as you develop your recommendations for the
plan.
Ostner: Thank you. We have a motion by Commissioner Shackelford and a
second by Commissioner Anthes. I would just like to reiterate that this is
merely a land use decision and the development will come back before us
and the public will have an opportunity at that point to talk about the
details, the nuts and bolts that they want to hear about with this piece of
property. Is there further discussion?
Clark: I think that is a very important determination to make very clear. I think
that this Commission will follow the development of this property very
closely especially with regard to the concerns of the neighbors in the
surrounding area so I would follow up on the suggestion that the
developers work closely with the neighbors because there obviously, are a
lot of concerns with what now happens to this property. Because it has
been annexed and we are about to take the next vote, it gives you much
more voice in the whole process.
Ostner: Thank you Ms. Clark. Is there further discussion on RZN 04-04.00?
Renee?
Roll Call: Upon the completion of roll call the motion to forward RZN 04-04.00 to
the City Council with a recommendation for approval was approved by a
vote of 8-0-0.
Thomas: The motion carries eight to zero.
STAFF WIEW FORM - NON -FINANCIAL OOGATION
AGENDA REQUEST
For the Fayetteville City Council Meeting of: May 4, 2004
FROM:
Dawn Warrick Planning
Name Division
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
CP&E
Department
RZN 04-04.00: Rezoning (Harper/Brandon, pp 61) was submitted by Michele Harrington on behalf of Gary
Brandon Enterprises, Inc. for property located south of Albright Road on George Anderson Road. The newly
annexed property is currently zoned R-A, Residential Agricultural and contains approximately 9.99 acres. The
request is to rezone the subject property to RSF-4, Residential Single Family, 4 units per acre.
STAFF RECOMMENDATION
Department Director
Approval.
1-//1(,0/6y
Date
Date
AZ&Lr..+� 542 e .
Finance & Internal Services Dir. Date
y`2
Chi5fXdministrative Officer Date
Mayor Date
Received in Mayor's Office
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
New Item: Yes No
FAYETTEVILLE
THE CITY OF FAYETTEVIEEE, ARKANSAS
DEPARTMENTAL CORRESPON
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: May 12, 2004
Re: Ordinance No. 4569
Attached is an executed copy of the
above ordinance passed
by the City Council, May 4, 2004,
approving
RZN 04-04.00 of property
located south of Albright
Road on George Anderson Road
containing
approximately 9.99 acres.
This ordinance will be recorded in the city clerk's office and microfilmed. If anything else is
needed please let the clerk's office know.
Attachment(s)
cc: John Goddard, IT
Scoff Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
Ma.
I ` I
AFFIDAVIT OF PUBLICATION
I, JL, 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:
v Y�14� was inserted in the regular editions on
PO# 0�-s it ** Publication Charge: $ 12911q
Subscribed and sworn to before me this
3 day of A(4 2004.
Notary Public
My Commission Expires: o7/23'laof�
Please do not pay from Affidavit.
An invoice will be sent.
Official Seal RECEIVED
SEAN-MICHAEL ARGO
Notary Public -Arkansas
WASHINGTON COUNTY MAY 14 2N4
My Commission Expires 07-25-2013 - CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETT'EVILLE, ARKANSAS 72702 • (501) 442-1700
ORDINANCE NO. ASSD
AN ORDINANCE REZONINGTHATPROPERTY DESCRIBED IN
REZONING PETITION RZN"04-04.00 AS SUBMITTED BY
MICHELE HARRINGTON, G(j9EHALF OF-GARY BRANDONWkk
ENTERPRISES, INC. FOR PRGPEERTY LOCATED SOUTH OF �yA�
ALBRIGHT ROAD ON GEORGE ANDERSON ROAD FOye"evOs
CONTAINING APPROXIMATELY 9.99 ACRES FROM R-A,
RESIDENTIAL AGRICULTURAL, TO R$F3,lRESIDENTIAL SINGLE-FAMILY, FOUR UNITS PEA ACRE
Off IT ORDAINED SY ME CRV COUNCIL OF THE WITY OF FAYERE 11LL09 ARKANSAS:
Section 1: That sna zxx a Classification of the f tlowWg aescnbea property s hereby c)lergae a9 faiov a:
From R-A, Residents AgrIW NtBT to P.SF-4, Resiclamiel Skgle-FerNy, 4 Urits per sae as shown In
Exhibit -A- Ettached hereto and made a pen hereof.
PASSED aM APPROVED the the 4N.day of May, 2004.
LRT OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (114) OF SECTION
HTEEN (18). TOWNSHIP SEVENTEEN (17) NORTH. RANGE TWENTY-NINE (29) WEST,
iHINGTON COUNTY. ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO.
4MENCING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT SAID POINT BEING IN
RIGHT ROAD AND FROM WHICH A REFERENCE IRON SET ON THE SOUTH RIGHT OF WAY OF
) ROAD BEARS 31 239'07^ - 18.94 FEET THENCE S2'34'07' W-330.06 FEET ALONG AN
TING FENCE ON THE OCCUPIED Wt LINE OF SAID 40 ACRE TRACT TO THE POINT OF
9NMNG, THENCE S87T4'24'E 660.00 FEET THENCE S87R4'07'E-658.59 FEET TO A POINT
THE EAST LINE OF SAID 40 ACRE TRACT THENCE ALONG SAID EAST LINE S2691' 121N -
N87.24203`W-658.95 FEET, THENCE N87 24'46' W-659.9TFEET TO A POINT ON "FHEOCCURED
WEST UNE OF SAID 40 ACRE TRACT, THENCE ALONG AN tMSTNG FENCE ON SAO OCCUPIED
WEST ME NT34'07' E- 330.06 FEET TO THE PONT OF f3EGANING. CONTANNG 9.95 ACRES,
MORE OR LESS. I,