HomeMy WebLinkAboutOrdinance 4577ORDINANCE NO.4 5 7 7
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04-08.00 AS SUBMITTED BY
RAY SMITH ON BEHALF OF NOONCASTER VINEYARDS, INC.
FOR PROPERTY LOCATED EAST OF CROSSOVER AND NORTH
OF HEARTHSTONE DRIVE CONTAINING APPROXIMATELY
20.01 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 18`h day of May, 2004.
APPROVED:
FAYETTEVILLE' = By:
ATTEST:
Ilplllllllllllllllllllllllllillllllllllllllllllllllllllllllllllllllllllllllllll
Recorded: 08/25/200402
tT11:16:37 AM
Fee Amt: $11.00 Paae 1 of 2
WashiatonBetten3tamaeoClrcult untv RClerk
F11e2004-00025132
EXHIBIT "A"
RZN 04-08.00
A PART OF THE SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST QUARTER
(SE %4) AND A PART OF THE SOUTHEAST QUARTER (SE'/4) OF THE SOUTHWEST
QUARTER (SW '/4) ALL IN SECTION EIGHTEEN (18). TOWNSHIP SEVENTEEN (17)
NORTH, RANGE TWENTY-NINE (29) WEST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID
SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST QUARER (SE '/4), SAID
POINT BEING AN EXISTING NAIL IN A FENCE CORNER POST; THNCE
N87010'45"W ALONG AN EXISTING FENCE 1320.09 FEET TO A SET IRON ON THE
EAST BOUNDARY LINE OF STONEWOOD ADDITION, AN ADDITION TO THE
CITY OF FAYETTEVILLE, ARKANSAS; THENCE NO2°31'40"E 644.76 FEET TO AN
EXISTING IRON AT THE NORTHEAST CORNER OF SAID ADDITION; THENCE
S87031'29"E 9.46 FEET TO A SET IRON ON THE WEST LINE OF SAID SOUTHWEST
QUARTER (SW '/4) OF THE SOUTHEAST QUARTER (SE'/4); THENCE N02024'04"E
6.59 FEET TO AN EXISTING IRON AT THE NORTHWEST CORNER OF THE SOUTH
HALF (S %2) OF SAID SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST
QUARTER (SE ''/4), THENCE N02024'0499E ALONG THE WEST LINE OF SAID
SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST QUARTER (SE 1/4 ) 8.80
FEET TO A SET IRON IN LINE WITH AN EXISTING FENCE; THENCE ALONG SAID
FENCE, THE FOLLOWING BEARINGS AND DISTANCES:
S87009931"E 354.14 FEET TO A SET IRON;
S87021558"E 289.92 FEET;
S8700311"E 407.46 FEET;
S87013'24"E 259.66 FEET TO A SET IRON ON THE EAST LINE OF
SAID SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST QUARTER (SE '/4);
THENCE S02034'21"W 1.01 FEET TO AN EXISTING IRON AT THE NORTHEAST
CORNER OF THE SOUTH HALF (S 1 /2) OF SAID SOUTHWEST QUARTER (SW '/4) OF
THE SOUTHEAST QUARTER (SE'/4); THENCE S02034'2I"W 660.33 FEET TO THE
POINT OF BEGINNING, CONTAINING 20.01 ACRES, MORE OR LESS,
WASHINGTON COUNTY, ARKANSAS.
Washington County, AR
Ii,Cekify this Instrument was filed on
08/25/2004 11:16:37 AM
and recorded in Real Estate
File Number 2004 0 25132
Bette Stamps - c t Clerk
by
6
L
NAME OF FILE: Ordinance No.4577
w/Ex. A
CROSS REFERENCE:
Item # Date Document
1
04/29/04
memo to mayor & city council
2
draft ordinance
3
04/21/04
memo to Planning Commission
4
copy of § 161.07
5
copy of Close Up View
6
copy of One Mile View
7
copy of Future Land Use
8
04/26/04
minutes of Planning Commission
9
05/03/04
Staff Review Form
10
05/24/04
memo to Dawn Warrick
.it
05/25/04
Affidavit of Publication
12
13
14
15
16
17
18
19
20
21
22
23
24
25
NOTES:
City Councipeeting of May 18, 2004 /1916
Agenda Item Number
[L AGENDA MEMO
To: Mayor and City Council IVM-1I646ter
V1neY ands
Thru: Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
Date: April 29, 2004
Subject: Rezoning for Nooncaster (RZN 04-08.00)
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 20.01 acres
of property from R-A, Residential Agricultural to RSF-4, Residential single family 4
units/acre.
BACKGROUND
The subject property is 20.01 acres and located in north Fayetteville. The property is
surrounded on three sides by developed or approved Fayetteville subdivisions zoned
RSF-4, Residential Single Family, 4 units per acre: Stonewood Gardens to the west,
Copper Creek Phase I to the south and Copper Creek Phase II to the east. To the north is
one intervening County property south of the Springdale city limits. The subject property
has been anticipated for growth by surrounding development; infrastructure has been
stubbed out on all three sides to provide street connectivity and looped utility service for
development on the 20-acre tract.
Proposal: The applicant proposes to rezone the 20.01 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 26, 2004, the Planning Commission voted 6-0-0 to forward this item to the City
Council with a recommendation for approval with an accompanying rezoning request.
BUDGETIMPACT
AT'
By:
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04-08.00 AS SUBMITTED BY
RAY SMITH ON BEHALF OF NOONCASTER VINEYARDS,
INC. FOR PROPERTY LOCATED EAST OF CROSSOVER AND
NORTH OF HEARTHSTONE DRIVE CONTAINING
APPROXIMATELY 20.01 ACRES FROM R-A, R TIAL
AGRICULTURAL TO RSF-4, RESIDENTIAL SII F LY,
FOUR UNITS PER ACRE. &
BE IT ORDAINED BY THE
FAYETTEVILLE, ARKANSAS:
Section 1: That the
property is hereby changed as
From R-A, Residential ricultural to
Units Per Acre as shown i it "A" ;
PASSED
Sondra Smith,
Section 2. That 1
Arkansas, is hereby
THE CITY OF
of the
Residential Single -Family, 4
breto and made a part hereof.
"of the City of Fayetteville,
zoning change provided in
this da. , of , 2004,
By:
DAN COODY, Mayor
EXHIBIT "A"
RZN 04-08.00
A PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER
(SE 1/4) AND A PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHWEST
QUARTER (SW 1/4) ALL IN SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17)
NORTH, RANGE TWENTY—NINE (29) WEST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID
SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST I I R (SE '/4), SAID
POINT BEING AN EXISTING NAIL IN A FENCE a ER POST; THNCE
N87010'45"W ALONG AN EXISTING FENCE 1320.09 F - SET IRON ON THE
EAST BOUNDARY LINE OF STONEWOOD ADDIT �N, A DITION TO THE
CITY OF FAYETTEVILLE, ARKANSAS; THENC 2 1940"E 6 FEET TO AN
EXISTING IRON AT THE NORTHEAST CO SAID ADD � N; THENCE
S87031929".E 9.46 FEET TO A SET IRON ON WEST INE OF SAID - 4 HWEST
QUARTER (SW '/4) OF THE SOUTHEAST ER (S ' 4); THENCE 410411E
6.59 FEET TO AN EXISTING IRON AT THE NO RNER OF • SOUTH
HALF (S ''/2) OF SAID SOUTHWEST QUARTE %4) OF THE SOUTHEAST
QUARTER (SE '/4); THENCE N °24'04"E ALON HE WEST LINE OF SAID
SOUTHWEST QUARTER (SW '/4) a ' E SOUTHEAST a UARTER (SE 1/4 ) 8.80
FEET TO A SET IRON IN LINE WIT S ING FENC NCE ALONG SAID
FENCE, THE FOLLOWING BEARIN AN APICES-
S8700993I"E 4.14 FEE k- A SET IN;
S87°21'58" = 8- .92 FEET;
S87003' = 07.46 FEET;
S87013'24"E 2 - : 6 FEET TO SET IRON ON THE EAST LINE OF
SAID SO ST sFER t: 4) + THE SOUTHEAST QUARTER (SE '/4);
THEN( 02� 4" "W 1. EET TO EXISTING IRON AT THE NORTHEAST
CO R OF THE , ®a TH H S 1/2) OF SAID SOUTHWEST QUARTER (SW '/4) OF
OUTHEAST TER 4); THENCE S02034'21"W 660.33 FEET TO THE
PO F BEG , C(7NTAINING 20.01 ACRES, MORE OR LESS,
WAS HIN SON COUNTY; ARKANSAS.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of April 26, 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: Avril 21, 2004
RZN 04-08.00: Rezoning (Nooncaster, pp 61) was submitted by Raymond Smith, Attorney, on
behalf of Nooncaster Vineyards, Inc. for property located east of Crossover Road and north of
Hearthstone Drive (Stonewood S/D.) The property is currently zoned R-A, Residential
Agricultural, and contains approximately 20.01 acres. The request is to rezone the subject
property 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 herein.
Date: April 26, 2004
COUNCIL ACTION:
1ON: Required YES
4Approved O Denied
600-0
Required YES
O Approved O Denied
May 18, 2004
BACKGROUND: Please reference the associated ANX 04-03.00 staff report for additional
background information.
Property Description: The subject property is 20.01 acres of vacant property located in north
Fayetteville. The property is surrounded on the west, south and east by platted subdivisions, currently
in various phases of development. To the west is Stonewood Subdivision and to the south and east is
Copper Creek Subdivision, Phases I and II, respectively. Right-of-way is stubbed from each of the
three developments for future access and street connections. Single family residences are located
north of the subject property along Albright Road.
Proposal: The applicant intends to develop a single family residential subdivision.
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
E
request be approved.
Related Issues: When property is annexed into the City, it is annexed as R-A Residential
Agricultural. If the annexation is recommended for approval to City Council, the applicant would
like to rezone the 20.01 acres to RSF-4, Residential Single Family, 4 Units per Acre. The annexation
request, ANX 04-03.00, is an accompanying item to this rezoning request.
Recommendation: Staff recommends approval of the rezoning request. Future changes or
additional development on this site will be regulated by the city allowing for a more uniform and
consistent development pattern.
SURROUNDING LAND USE AND ZONING:
Direction
Land Use
Zoning
North
Single family residential
In county, no zoning.
South
Copper Creek S/D, Phase I
RSF-4, Res. Single Family, 4 DU/Acre
East
Copper Creek S/D, Phase II
RSF-4, Res. Single Family, 4 DU/Acre
West
Stonewood Subdivision
RSF-4, Res. Single Family, 4 DU/Acre
INFRASTRUCTURE:
Streets: Currently three streets are constructed or are being constructed to allow future
access to development on the subject property. Stonewood Subdivision to west,
Copper Creek I to the south and Copper Creek II to the east were all required to
stub out street connections through the development review process to allow for
future access to this property. With development of the subject property, the
developer will be required to tie in to these street connections, allowing for
connectivity through the subdivision. Additionally, connectivity to the north will
be reviewed at that time.
Water: The property will have access to an 8" looped water main system that was
installed with the Copper Creek Phase I Subdivision and Stonewood 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 was installed with the Copper
Creek Phase Subdivision and Stonewood Subdivision. Sewer will need to be
extended within the development. The developer's engineer will need to provide
calculations to show that there is adequate capacity in the Stonewood lift station.
Upgrades to this station and/or force mains may be required.
Fire: The subject property is located 3.9 miles from Fire Station #4 on Plainview.
Normal driving time is 6 min. 03 seconds. Water supply will be necessary for this
property to develop.
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 adjacent and nearby single family residential land 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
is currently being extended with the development of adjacent properties.
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. The rezoning is
needed for the development of a single family 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 would provide compatibility
with adjoining developments that are zoned RSF4 and currently being
developed with residential subdivisions. In order to provide the connectivity
and network of public infrastructure with adjacent residential subdivisions
in a manner that is consistent with the future land use plan and guiding
policies of annexation, a residential zoning district is needed.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will provide additional traffic on Local and Residential
streets in the area. Most streets in this area are newly constructed or are
being constructed to city specifications. The Fayetteville Police Department
finds that rezoning this property will not result in an appreciable increase in
the level of traffic danger and congestion in the area.
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 20.01 acre
tract under an R-A, Residential Agricultural designation would allow for a
maximum of 10 dwelling units (1 per 2 acres). With the proposed RSF-4
designation, 80 dwelling units would be permitted. This increases the
possible number of residential units, but is consistent with land use and
zoning in the immediate vicinity.
Engineering - The property will have access to an 8" looped water main system that was
installed with the Copper Creek Phase I Subdivision and Stonewood 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 was installed with the Copper Creek Phase
Subdivision and Stonewood Subdivision. Sewer will need to be extended within the
development. The developer's engineer will need to provide calculations to show that there is
adequate capacity in the Stonewood lift station. Upgrades to this station and/or force mains may
be required.
Currently three streets are constructed or are being constructed to allow future access to
development on the subject property. Stonewood Subdivision to west, Copper Creek'I to the
south and Copper Creek II to the east were all required to stub out street connections through the
development review process to allow for future access to this property. With development of the
subject property, the developer will be required to tie in to these street connections, allowing for
connectivity through the subdivision. Additionally, connectivity to the north will be reviewed at
that time.
Fire - The subject
property is located 3.9
miles from
Fire
Station #4 on Plainview. Normal
driving time is 6 min. 03 seconds. Water
supply into
the
property will be necessary.
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 in the vicinity.
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.
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 -
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 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-family dwellin s
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Single-family
dwellin s
Two-family
dwellings
11 Units er acre
4 or less
7 or less
(D) Bulk and area regulations.
Single-family
dwellings
I Two-family
I dwellin s
Lot minimum width
70 ft.
1 80 ft.
Lot area minimum
8,000 sq. ft.
12,000 sq. R.
Land area per
dwelling unit
81000 sq. ft.
6,000 sq. ft.
(E) Setback requirements.
I Side
Rear
jiFront
l 25 ft.
1 8 ft.
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.
4178, 8-31-99)
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Planning Commission
April26, 2004
ANX 04-03.00: Annexation (Nooncaster, pp 61) was submitted by Raymond Smith,
Attorney, on behalf of Nooncaster Vineyards, Inc. for property located east of Crossover
Road and north of Hearthstone Drive (Stonewood S/D.) The property is in the Planning
Area and contains approximately 20.01 acres. The request is to annex the subject
property into the City of Fayetteville.
RZN 04-08.00: Rezoning (Nooncaster, pp 61) was submitted by Raymond Smith,
Attorney, on behalf of Nooncaster Vineyards, Inc. for property located east of Crossover
Road and north of Hearthstone Drive (Stonewood S/D.) The property is currently zoned
R-A, Residential Agricultural, and contains approximately 20.01 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 04-03.00 for Nooncaster. Can we
have the staff report please?
Pate: I am going to review items nine and ten simultaneously. They are both on
the same property. The first item is for the Annexation of the subject
property and the second is to rezone that potential annexation to RSF-4.
Ostner: Jeremy, let me interrupt you. If someone can get our sixth Commissioner
it would help. Thank you.
Pate: This property is 20.01 acres of vacant property located in north
Fayetteville. The property is surrounded on the west, south and east by
platted subdivisions currently in various phases of development from fully
built out to just beginning construction. To the west is the Stonewood
Subdivision. To the south and east is Copper Creek Phases I and II
respectively. Right of way and city services including water and sewer are
stubbed out from each of these three developments for future access and
street connections to the subject property. Single family residents are
located north of the subject property also along Albright Road. Portions
of that property are in the county and portions are in the City of
Springdale. The applicant is requesting with the first request to be
annexed into the city limits. When a property is annexed into the city
limits it is automatically zoned R-A, Residential Agricultural. If this
annexation is recommended for approval the applicant is requesting that
the property be designated RSF-4, Residential Single -Family, four units
per acre. The property that is subdivided in the planning area outside of
the city limits does not allow for enforcement of many of the regulations
required within the city. Thereby allowing for uniform and consistent
standard of development. When property that is consistent with the
General Plan 2020 and the city's guiding policy of annexation is
incorporated into the city undeveloped it allows for many things that we
do not actually see such as grading and drainage review, detention, tree
preservation review, parks land, code enforcement. There is always
confusion of protection for public safety with regard to police and fire and
Planning Commission
April26, 2004
who responds to that. The ability to require the same level of
infrastructure improvements for new development as required within the
city limits. That is important because in this specific property this area has
been anticipated for future development as is on page 8.13 obvious with
the stub outs of streets from the west, south and the east and the stub out
of utilities to service this particular property. With regard to findings,
obviously improvements will have to occur on this subject property to
develop a single family subdivision. The timing of the requested
annexation is sufficient. It is following essentially the development of the
property surrounding it. It is under pressure to develop. Surrounding
subdivisions did anticipate the development of this tract and subsequently
have been required to provide access for public infrastructure should the
property be annexed and developed. The Fire Department and Police
Department say they do already adequately respond with the same level of
service as in the city to these areas. There are issues with a lift station in
this area which could potentially need to be upgraded with future
development of the property. Those are things that I believe the applicant
is aware of already and we have been in contact with the Engineering staff
and the applicant on these issues with subsequent development proposals.
Staff is recommending in favor of the annexation request based on those
findings and also in favor of the rezoning request based on the findings
found in item number nine of your staff report. 1 will leave that for any
questions you may have.
Ostner: Thank you. Is the applicant present?
Smith: I'm Ray Smith representing Nooncaster Vineyards, Inc. and with me here
this evening is John Nooncaster of Nooncaster Vineyards, Inc. I think
Jeremy covered the main points there as far as both the annexation and the
rezoning is concerned. This property is south of Albright Road and the
property just to the north of this property is in the Springdale Planning
area. This property is in the Fayetteville Planning area. The 20 acres will
probably at this stage be developed somewhere between 40 and 50 lots all
together. They will be single family dwellings compatible with the
housing that is located both to the west and to the south of this. If there
are any other questions I can answer on their behalf or if Mr. Nooncaster
can answer we would be glad to answer them.
Ostner: Thank you Mr. Smith. Is there anyone from the public who would like to
comment on this topic, the annexation and rezoning. We are discussing
two at the same time for Nooncaster. I'm going to close it to the public
and bring it back to the Commission. A question for staff. Is this property
kitty comer to another property that we saw two weeks ago?
Pate: Yes it
is.
If you
remember the HarperBrandon
annexation
rezoning
request
that
was at
the last Planning Commission
meeting.
That was
PJ
Planning Commission
April26, 2004
northeast of the subject property. If you go to the east that is a part of
Copper Creek Phase 11 and directly north of that property the Planning
Commission did recommend approval of that and I believe it is at the
Council level at this time.
Ostner: Thank you.
MOTION:
Trumbo: I would like to make a motion to approve ANX 04-03.00.
Vaught: I will second.
Ostner: In the discussion of this I see this as
a little bit different from the
last issue
we just saw. This is practically an
infill annexation.
On three
sides it is
developed and on the west side it is
platted and streets
are being
cut. This
seems like a good density fit for
the neighborhood
and I am
going to
support the annexation and the
rezoning. Do we have any other
discussion?
Allen: 1 would agree with the chair that those are the reasons that this is
significantly different than the last rezoning.
Anthes: 1 would say that it is different than what we are going to hear later this
evening for several reasons. One is that it is surrounded on three sides.
There are stub outs for utilities and streets to this property from three
different directions. Approving this annexation would be consistent with
our recommendations from the property nearby and would be consistent
with the development pattern that surrounds the property on three sides.
Thank you.
Ostner: We have a motion on the annexation and a second. Is there further
discussion? Renee?
Roll Call: Upon
the completion
of roll call the
motion to
recommend approval of
ANX
04-03.00 by the
City Council was approved
by a vote of 6-0-0.
Thomas: The motion carries six to zero.
Ostner: Do we have a motion for the accompanying item, RZN 04-08.00?
MOTION:
Anthes: 1 will move to forward RZN 04-08.00 with a recommendation for approval
to City Council.
E
Planning Commission
April26, 2004
Trumbo: Second.
Ostner: Is there any further discussion? Renee?
Roll Call: Upon
the completion
of roll call
the motion to
recommend approval of
RZN
04-08.00 by the
City Council
was approved
by a vote of 6-0-0.
Thomas: The motion carries six to zero.
STAFF FIVIEW FORM - NON -FINANCIAL ORIGATION
x AGENDA REQUEST
For the Fayetteville City Council Meeting of: May 18, 2004
FROM:
Dawn Warrick
Name
Planning
Division
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
CP&E
Department
RZN 04-08.00: (Nooncaster, pp 61) was submitted by Raymond Smith, Attorney, on behalf of Nooncaster
Vineyards, Inc. for property located east of Crossover Road and north of Hearthstone Drive (Stonewood
Subdivision) containing approximately 20.01 acres. The newly annexed property will be zoned R-A,
Residential Agricultural. The request is to rezone the subject property to RSF-4, Residential Single-family, 4
units per acre.
STAFF RECOMMENDATION: Approval.
A . U
Di-4sion Head
A;
Department Director
Finance & Internal Services Dir.
WIALd(:�Received in Mayor's Office
D to
l30 0
Date
Cross Reference:
Date
Previous Ord/Res#:
Date Orig. Contract Date:
yD�
Date
Orig. Contract Number:
New Item:
30•G4
Date
Yes No
FAYETT&ILLE 0
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: May 24, 2004
Re: Ordinance No. 4577
Attached is a copy of the above ordinance passed by the City Council, May 18, 2004, approving the
rezoning petition, RZN 04-08.00, for property located east of Crossover and north of Hearthstone Drive.
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
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
Aikansas Democ= IV 05aziette
AFFI
PUBLICATION
I, f� do solemnly swear that I am
Legal(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
pp
PO# -0�0
Publication Charge: $ ILZA(a
Subscribed and sworn to before me this
day of , 2004.
My Commission Expires: O ,,b13
** Please do
not
pay
from Affidavit.
An invoice
will
be
sent.
SEAN%Official Seal RECF-' i i ' ,
ICHAEL ARGO
Notary Public -Arkansas MAY 2 2004
WASHINGTON COUNTY
My Commission Expires 07-25.2013 C17YOFFAYETTEVILLE
CITY CLERMS OFFICE
212 NORTH EAST AVENUE 9 P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
OKDINANCIS NO. {IS77
REZONINGTHAT PROPERTY DESCRIBED IN
RON RZN 04-OB.00 AS SUBMITTED BY RAV
ALF OF NOONCASTER NNEVAADS. INC. FOR
ATED EAST OF CROSSOVER AND NORRI OF ram, Of
RN DE CONTAININGAr
gPPPRO OLVRSF4,
r a�i..�......-.._. Or r�yIS7 MVILLE* •NKAKbrra'
ONDNNISD By THIS CITY COUNCIL Or THIS Cm
11: That the Zate dessificeliat of the,ofi, ng deschbed ProlpdY Is herebY changed se follows:
S.q, Reddential AghwlNral to RSF-4, fla5lderNal Single-FarnIN• 4 Units Per Acre as shwm In
; -A- etta hod hereto ISM made a Pert hereof.
n 2: That the olfldal Z rlg Meo of Ne City of FeyeogAlle. Afkairtes, Is hereby amended to reBacl
Wing chenge Prohded In Section 1 at W13
NID .0 APrNOYISD the 1 Bth day of MeY, 2004.
AN
AN
Q.
354.14 FEET TO A SET 280.92 FEET,
401.46 FEET:
9 nh M FEET TO A SET
OF
OF
iE 1/4)1
FENCE.
Ordinance No.4577
1
04/29/04
memo to mayor & city council
2
draft ordinance
3
04/21/04
memo to Planning Commission
4
copy of § 161.07
5
copy of Close Up View
6
copy of One Mile View
7
copy of Future Land Use
8
04/26/04
minutes of Planning Commission
9
05/03/04
Staff Review Form
10
05/24/04
memo to Dawn Warrick
11
05/25/04
Affidavit of Publication
12
13
14
15
16
17
18
19
20
21
22
23
24
25