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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/ V\ i 1 U r] 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 One Mile View On I i — — -- — -fri" _ I RO i__. _ I I I R# G I sr I SUBJECT PROPERTY RSFI a G AD. aLBRIGRD RA TI I � ( - LAKE AE'IEEEVILLE 1 I iL, a5rEren 'f" ------ __aRttag a Li WA -�-�-_' w""ttR°� 1 RSF-1 I 1 a. 1- � ,ZIIONAD +r RA °PI IFAL PL 1 { }ram R-O R� -Za R-0II RA E RMF F RSF# �r _u ��— RMF1-Ztl q —TI R-0 R9 ill =z: '_ _ - y /� I�•. F RA of r(jl-li i R-24 # I> RSFJ i Overview Legend ....... Subject Property Boundary Master Street clan RZN04-04.00 to—N.i Planning Area 4;�!Freeway/ ;IoIssmIy Streets oofi-_0 o Overlay District Fdriapai Arterial L Mina Maul Existing _ I Ctty Limits �� , Coiledor y1*FIannW Outside CRY ••• Historic CMecbr 0 0.1 0.2 0.4 0.6 0. files i A & '11110 I M4 :A ml Inkil Mmi Mkl±l k 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,