HomeMy WebLinkAboutOrdinance 4599ORDINANCE NO, 4599
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 04-1084 AS
SUBMITTED BY BOB ESTES ON BEHALF OF PAUL
AND SUELLEN MARINONI FOR PROPERTY LOCATED
SOUTH OF THE FAYETTEVILLE BOYS AND GIRLS
CLUB ADJOINING THE FUTURE EXTENSIONS OF
RUPPLE ROAD AND PERSIMMON STREET
CONTAINING APPROXIMATELY 78.84 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 3`d day of August, 2004.
APPROVED:
FAYErrEVILLE: 3
By
ATTEST: "udwun"'
By:
90NDRA SMIT , City Clerk
Doc ID: 007653850002 Type: REL
Recorded: 09/09/2004 at 02:27:59 PM
Fee Amt: $11.00 Pace 1 of 2
Nashinaton Countv. AR
Bette Stamps Circuit Clerk
Fi1e2004-00037309
i(
EXHIBIT "A"
RZN 04-1084
THE FRACTIONAL EAST HALF (FRL. E 'h) OF THE FRACTIONAL NORTHEAST
QUARTER (FRL. NE'/4) OF SECTION 13, TOWNSHIP 16 NORTH, RANGE 31 WEST,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT AN IRON PIN AT THE NORTHEAST CORNER OF SAID
FRACTIONAL EAST HALF (FRL. E %z) OF THE FRACTIONAL NORTHEAST
QUARTER (FRL. NE'/4) AND RUNNING THENCE N89 DEGREES 20' W ALONG AN
EXISTING FENCE 1303.67 FEET, THENCE S00 DEGREES Ol' W 2635.27 FEET,
THENCE S89 DEGREES 37' E 1304.31 FEET, THENCE NORTH ALONG AN
EXISTING FENCE 2632.02 FEET TO THE POINT OF BEGINNING, CONTAINING
78.84 ACRES, MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
09/09/2004 02:27:59 PM
and recorded in Real Estate
File Number 2004-00037309
Bette Stamps. Circuit Clerk
by
o�
City Council Ivil ling of July 20, 2004
Agenda Item Number Rz/V o-It ,
CITY COUNCIL AGENDA MEMO �Yj,�,ettoni
To: Mayor Coody and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administrator UV
Date: June 29, 2004
Subject: Rezoning request for Marinoni (RZN 04-1084)
RECOMMENDATION
Planning Staff recommends approval of the requested rezoning for Marinoni. This action
will rezone a 78.84-acre tract of land from R-A, Residential Agricultural to RSF-4,
Residential Single Family, 4 DU/Acre. The request is to rezone the property to RSF-4.
BACKGROUND
Property Description: The subject property contains approximately 78.84 acres located
south of the Fayetteville Boys & Girls Club and adjoins an extension of Persimmon
Street and Rupple Road as reflected on the City's Master Street Plan. The property is
adjacent to city limits to the east and the north. Approximately 240 acres to the west have
been recommended by the Planning Commission for annexation to the City Council.
Rezoning requests for those particular properties have been tabled.
Proposal: The applicant intends to develop a single family residential subdivision, in
conjunction with several hundred adjacent acres already within the city limits.
Development of the land will most likely be in the form of a Planned Zoning District, as
densities for single family homes will likely vary significantly, depending upon terrain,
floodplain, tree canopy, available and constructed access, among other factors. A
conceptual masterplan for the property in question, along with other adjacent properties
the applicant controls, has been submitted to staff and the Planning Commission for
review. Single family use, with a mixture of density, is the developer's primary intent for
land use in this area, along with supporting facilities developing both on the applicant's
property and on adjacent properties. The remainder of the applicant's property already
lies within the City of Fayetteville limits. One of the guiding policies for Annexation
states:
11.6. o Designate zoning districts for the property during the annexation process.
The applicant is requesting an RSF-4 zoning district along with the associated annexation
request, knowing that the desired development for the property is single family
residential dwelling units, at some density to be determined, not to exceed 4 units per
acre. The intended use is not to be for primarily agricultural purposes, as the default
zoning district of R-A, Residential Agricultural, designates.
• City Council Aing of July 20, 2004
Agenda Item Number
DISCUSSION
On June 28, 2004, the Planning Commission voted 5-4-0 to forward this item to the City
Council with a recommendation for approval of the rezoning request, with
Commissioners Anthes, Clark, Allen and Ostner voting no.
BUDGETIMPACT
None.
11: ►:►GA►C1a
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04-1084 AS SUBMITTED BY
BOB ESTES ON BEHALF OF PAUL AND SUELLEN MARINONI
FOR PROPERTY LOCATED SOUTH OF THE FAYETTEVILLE
BOYS AND GIRLS CLUB ADJOINING THE JUTURE
EXTENSIONS OF RUPPLE ROAD AND PERSIMMQN`S.TREET
CONTAINING APPROXIMATELY 78.84 ACRES,FROM R-A,
RESIDENTIAL AGRICULTURAL TO RSF 4;, RESIDENTIAL
SINGLE FAMILY, FOUR UNITS PER ACRE.
BE IT ORDAINED BY THE ;CITYw COUNCILv OF'HE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the zone classifications 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 thcu official z`oriing.map of the City of Fayetteville,
Arkansas„s hereby amended to reflect the zoning change provided in
,Section 1 above.
PASSED AND APPROVED this - - day of 12004.
APPROVED:
By:
a DAN GOODY, Mayor
ATTEST:
By:
Sondra Smith, City Clerk
EXHIBIT "A"
RZN 04-1084
THE FRACTIONAL EAST HALF (FRL. E %) OF THE FRACTIONAL NORTHEAST
QUARTER (FRL. NE'/4) OF SECTION 13, TOWNSHIP 16 NORTH, RANGE 31
WEST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO
WIT: BEGINNING AT AN IRON PIN AT THE NORTHEAST CORNER OF SAID
FRACTIONAL EAST HALF (FRL. E %) OF THE FRACTIONAL NORTHEAST
QUARTER (FRL. NE'/4) AND RUNNING THENCE N89 DEGREES 20' W ALONG
AN EXISTING FENCE 1303.67 FEET, THENCE S00 DEGREES 01' W 2635.27 FEET,
THENCE S89 DEGREES 3T E 1304.31 FEET, THENCE NORTH ALONG AN
EXISTING FENCE 2632.02 FEET TO THE POINT OF BEGINNING, CONTAINING
78.84 ACRES, MORE OR LESS.
is \
/
i •
1 •
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of June 28, 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: June 23.2004
RZN 04-1084: Rezoning (MARINONI, 478): Submitted by BOB ESTES for property located
at THE SE END OF RUPPLE ROAD. The property is zoned R-A, Residential Agricultural and
contains approximately 78.84 acres. The request is to rezone the subject property from R-A,
Residential Agricultural, to RSF-4, Residential Single-family, 4 units per acre.
Property Owner: PAUL & SUELLEN MARINONI Planner: JEREMY PATE
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
COMMISSION ACTION:
June 28, 2004
CITY COUNCIL ACTION:
Date: July 20, 2004
;
R quired YES
C3 Approved O Denied
S64�1 ofl"Aaytt'. S-4
Required YES
O Approved O Denied
BACKGROUND: Please reference the associated ANX 04-1083 staff report for additional
background information.
Property Description: The subject property contains approximately 78.84 acres located south of
the Fayetteville Boys & Girls Club and adjoins an extension of Persimmon Street and Rupple
Road as reflected on the City's Master Street Plan. The property is adjacent to city limits to the
east and the north. Approximately 240 acres immediately adjacent to the west is currently on the
Planning Commission agenda for consideration to annex and rezone in the same manner. This
configuration does not create an island of unincorporated property within the City limits, is
contiguous to city limits, is adjacent to land newly developed and approved for development and
thus meets these policies set forth by the Annexation Guiding Policies in the General Plan 2020.
Proposal: The applicant intends to develop a single family residential subdivision, in conjunction
K:IReports120041PC Repora106-28-041RZN 04-1084 (MARINONI).doc
1 • •
with several hundred adjacent acres already within the city limits. Development of the land will most
likely be in the form of a Planned Zoning District, as densities for single family homes will likely
vary significantly, depending upon terrain, floodplain, tree canopy, available and constructed access,
among other factors. A conceptual masterplan for the property in question, along with other adjacent
properties the applicant controls, has been submitted to staff and the Planning Commission for
review. Single family use, with a mixture of density, is the developer's primary intent for land use in
this area, along with supporting facilities developing both on the applicant's property and on adjacent
properties. The remainder of the applicant's property already lies within the City of Fayetteville
limits. One of the guiding policies for Annexation states:
11.6. o Designate zoning districts for the property during the annexation process.
The applicant is requesting an RSF4 zoning district along with the associated annexation request,
knowing that the desired development for the property is single family residential dwelling units, at
some density to be determined, not to exceed 4 units per acre. The intended use is not to be for
primarily agricultural purposes, as the default zoning district of R-A, Residential Agricultural,
designates.
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.
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 requests
the 78.84 acres be rezoned toRSF-4, Residential Single Family, 4 Units per Acre. The annexation
request, ANX 04-1083, 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 Boys & Girls Club R-A, Residential Agricultural
South Agricultural fields Planning Area
East Vacant, undeveloped R-A, Residential Agricultural
West Vacant; Sloan annexation requests Planning Area
INFRASTRUCTURE:
Streets: Currently the site only has access to Rupple Road at the northwest corner of the
property. At the time of development, Rupple Road and Persimmon Street will
need to be constructed along the property frontage for these roadways.
K. IRepora120041PC Reponvl06-28-04IRZN 04-1084 (Af4RINONI).doc
Surrounding Master Street Plan Streets:
North: Persimmon St. (planned collector)
West: Rupple Road (minor arterial)
Water: The property currently has access to a 12" water main along Rupple Road north of
the site. 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 currently has access to an 8" sewer line along the north side of this
property. A sewer main extension will need to be constructed to provide service
to any development on this site. A capacity analysis may need to be conducted to
verify line capacity before the extension will be allowed. Also, approval of
additional units added to the sewer system in this area will be dependant upon the
remaining capacity in the Owl Creek lift station.
Fire: The subject property is located 0.493 miles from future Fire Station #7 on Rupple
Road. Normal driving time is 1 minute. Water supply will be necessary for this
property to develop. Anticipated service calls are projected to be 72 per year at
full build -out with 4 units per acre.
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 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.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
K. IReportA20041PC Reporaft-28-04VZZN 04-1084 (M4RINON/).do
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 default R-A zoning district allows is appropriate in this area,
and would provide compatibility with adjoining developments that are zoned
RSF4, R-PZD 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: Development with the proposed zoning will provide additional traffic on
streets in the area. Most streets in this area are undeveloped and will require
full construction to city specifications. Rupple Road is the only currently
constructed street in the vicinity, recently built with a 28-foot width. Three
approved developments, Persimmon Place Subdivision, Cross Keys PZD and
the Rupple Row PZD, along with developments to the west of the subject
property, will combine to construct Persimmon Street west of Rupple Road.
A traffic signal has also recently been installed and is in operation at the
intersection of Rupple Road and Wedington Drive, currently the most likely
means of access to the property. 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 in the area.
Currently the property is vacant, undeveloped and virtually uninhabited,
yielding no significant population. The 78.84 acre tract under an R-A,
Residential Agricultural designation would allow for a maximum of 39
dwelling units (1 per 2 acres) if fully developed. With the proposed RSF-4
designation, 315 dwelling units could be permitted, if fully developed. This
increases the possible number of residential dwelling units, however public
service providers' assessments indicate that with public infrastructure
provided by the developer in the construction of water, sanitary and storm
sewer lines, streets and street lights, the increase in population density will
not undesirably increase the load on public services.
K: MeporaL?004PC Reporu106-28-04V?ZN 04-1084 (MARINONl).do
Engineering - Currently the site only has access to Rupple Road at the northwest corner of
the property. At the time of development, Rupple Road and Persimmon
Street will need to be constructed along the property frontage for these
roadways.
The property currently has access to a 12" water main along Rupple Road
north of the site. An extension of the water main will be required to provide
water supply and fire protection within any development on this property.
The site currently has access to an 8" sewer line along the north side of this
property. A sewer main extension will need to be constructed to provide
service to any development on this site. A capacity analysis may need to be
conducted to verify line capacity before the extension will be allowed. Also,
approval of additional units added to the sewer system in this area will be
dependant upon the remaining capacity in the Owl Creek lift station.
Fire: The subject property is located 0.493 miles from future Fire Station #7 on
Rupple Road. Normal driving time is 1 minute. Water supply will be
necessary for this property to develop. Anticipated service calls are projected
to be 72 per year at full build -out with 4 units per acre.
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.
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
K. IReportv12004PC ReporuI06-28-04LUN 04-1084 (AMR1NON1).do
10
,10
161.07 District RSFA, Residential Single -
Family — Four Units Per Acre
(A) Purpose. The RSFA 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.
11 Unit 1 1 City-wide uses by right
11 Unit 1 Single-family dwelling
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protecfion 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
dwellings
Two-family
dwellin s
11 Unitsperacre
I 4 or less
7 or less
(D) Bulk and area regulations.
Single-family
dwellings
Two-family
dwellings
Lot minimum width
70 ft.
80 ft.
Lot area minimum
8,000 sq. ft.
12,000 sq. ft.
Land area per
dwellin unit
8,000 sq. ft.
6,000 sq. ft.
(E) Setback requirements.
Front
I Side
Rear
25 ft.
I aft.
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)
K. IReports12004WC ReporiA06-28-04PZN 04-1084 (M4RINONI).doc
1 1 • )' • -
LAW OFFICE OF BOB ESTES
ONE EAST CENTER STREET, SUITE 200, FAYETTEVILLE, AR 72701-5302
TELEPHONE (479) 5214900
FAX (479) 587-0700
c=il bobet @arkan .=t
May 12, 2004
Mrs. Dawn T. Warrick
Zoning and Development Administrator
City of Fayetteville
125 West Mountain
Fayetteville, AR 72701 HAND DELIVERED
Re: Marinoni Rezoning
Dear Dawn:
Please accept this letter as Mr. and Mrs. Marinoni's written description of their Rezoning
Request addressing the following items.
Current fee simple ownership of the property is Paul A. Marinoni, Jr. and Suellen M. Marinoni,
husband and wife. The reason for the requested zoning change is for a residential subdivision
with anticipated three lots per acre density.
The property will relate to surrounding properties in terms of land use, traffic and appearance in
that the property will provide future access, be compatible with the residential development
occurring to the west and is consistent with the General Plan 2020.
Water and sewer are currently available on the perimeter of the property requested to be rezoned,
and will be extended for any development. Should you have any questions concerning this
rezoning request, please let me know and I will answer your questions.
With warmest regards.
Yours truly,
1 �
Bob Estes L.�
BE:jb
MAY 12 2004
05/17/2004
00:30
479-57E. )02
ENGINEERING C.0,
PAGE
F.
LEGAL IIESCRIPTION WRFC'
A y / ,> Fb
?j 00
The Fractional East Half (Fri. E %) of the Fractional Northeast QdS t(Frl. NE
y<) of Section 13, Township 16 North, Range 31 West, and b . more
particularly described as follows, to -wit: Beginning at an iron pin at the Northeast
comer of said Fractional East Half (Fri. E %_) of the Fractional Northeast Quarter
(Fri. NE %4) and running thence N 89 degrees 20' W along an existing fence
1303.67 feet, thence S 00 degrees 01' W 2615.27 feet, thence S 89 degrees 37' E
1304.31 feet, thence North along an existing fence 2632.02 feet to the point of
beginning, contabiimg 78.84 acres, more or less, situated in Washington County,
Arkansas.
R�NOU - 1083
3.1.
6 F//
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EXH1131T "A"
PROPERTY TO BE REZONED
BMITTED BY THE APPLICANT
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Overview
Legend
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Boundary
Master Street Plan
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Planning Commission
June 28, 2004
Page 75
Ostner: The tandem request
is
RZN 04-1084
for Marinoni. We have heard the
staff report already.
Mr.
Estes, do you
have any further presentation?
Mr. Chairman, the reason that you are seeing this rezoning request in
tandem with the annexation request is that your 2002 annexation policy
guide requires that when you consider an annexation you also consider
density and land use. Density and land use is rezoning. It is for that reason
that your applicants would request that you assign a zoning designation to
this property. This property, unlike and different from the previous
matters that you have heard on your agenda, has no non -conforming use
and the request is to rezone to RSF-4. It is more probable than not that
you will see a PZD for the property that you have just recommended to the
City Council be annexed and the accompanying property owned by the
applicants which is now in front of you. When you see that PZD it is
more likely than not that your density will be less than the requested RSF-
4. The reason for that is that if you will look at the material that is
provided in your packet on 8 % x I I's you will see that there is greenspace
and there is parkland. There will also be infrastructure, streets and curbs.
With those additions you are going to see something of a mix closer to
RSF-3. You are going to see an alternative to your standard RSF-4. It is
more likely than not that what you are actually going to see in this mix in
this particular area and perhaps the area to the immediate east, to your
immediate right, is going to be something more kin to an RSF-3. The
request for a rezoning comes to you with staff recommendation. The
proposed zoning for a single family residential subdivision is compatible
with adjacent and nearby single family residential land use. Your General
Plan 2020 designates this for residential use, which is certainly compatible
with RSF-4. 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. The increase in population density will
not undesirably increase the load on public services is the finding of your
staff. As we have discussed, the property has access to a 12" water main
and 8" sewer line and is within what is estimated to be a one minute drive
time to the new Fire Station #7. Your applicants would request that you
assign a zoning designation and that zoning designation be the requested
RSF-4. I am going to yield the floor to public comment and be available
to answer any questions that you may have.
Thank you Mr. Estes. Would anyone like to comment about this issue?
Linda Ralston. I just have a quick question. If Rupple Road ultimately is
not developed all the way through, which would be certainly I feel key to
what we have already discussed here tonight, I don't know if eminent
domain comes in if someone doesn't want to sale their property or develop
it if that is a possibility that Rupple doesn't go through because it is not
Planning Commission •
June 28, 2004
Page 76
driven all the way through by development. I would be very concerned.
That is just a thought. Goodnight.
McGuire Bowman: Dr. Kathy McGuire Bowman again. Hopefully this will be the end
of all of this Westside stuff for a little while and we can all take a break.
In terms of Mr. Ostner's comment about the city not being able to afford
to put in Rupple Road and so we are depending on developers to help us.
I know you also expressed your concerns about that. I do want to speak
up on behalf of the citizens who are dreading the extension of Rupple
Road through their forest preserved land which they have made into
conservation easements and other things. Everybody is not waiting for
developers to come and develop everything so we can get Rupple Road to
go through. I know Mr. Ostner understands that as well but I felt someone
should speak to that issue.
Ostner: Thank you. Is there further public comment? I am going to close it to the
public and bring it back to the Commission.
Estes: On behalf of the applicant, if I may comment on the Rupple Road issue.
As you look at the Master Street Plan today Rupple Road was shown as a
dashed mark. It is not shown in its entirety on the Master Street Plan.
What you have before you on these boards and the material in your packet
shows a concept plan of connecting Rupple through 6 h Street. The reason
for that is that one thing that is of concern to us are our east/west corridors.
We have two primary east/west corridors. We have Wedington and we
have 6 h Street. For those to be effective there needs to be some
connectivity. The construction of Rupple Road through to 61h Street is not
on the CIP listing and there is no indication that we are going to see it on
the CIP at anytime in the near future. There are two ways that it is going
to get done. One is private developers and the second is a private,
sometimes called improvement district. Either way, it is not feasible nor
pragmatic nor practical to ask that the city at anytime in the near future
provide connectivity from Wedington to 6 h Street. Yet on the other hand
we have to look toward the traffic that we are going to deal with and we
need connectivity. The only way that we are going to get that Rupple
Road built with private funds is with private developers. The only way
that private developers are going to build that road is if they have their
project in place. Let me speak specifically to the request that is before you
this evening. That is that it is more probable than not that when you see
this again you are going to see a proposal to build Rupple Road at least
half way through the 80 acre tract and perhaps extending south to the
southwest boundary. The applicants that I represent before you this
evening do not own the property to extend Rupple Road down to 6'h Street
and do not have the capacity to do that. What they would have the
capacity to do is to complete Rupple Road and Persimmon through the
first 40 acres.
Planning Commission • •
Jame 28, 2004
Page 77
Ostner. Commissioners?
Anthes: This piece of property and the concept plan and where it is located to me
speak to something that I can be more ready to look at and find a zoning
for. It is a beautiful piece of property. I'm glad to see that it looks like
there will be some conservation easements or parkland dedication through
it. It is in an area that is close to commercial, service and civic use node
with the Boys and Girls Club, with the C-I zoning with the fire station and
with the commercial activity that is on Wedington. I'm looking at the
development proposal and in our staff report it talks about the proposal
coming through with single family use with a mixture of density. What I
would hate to see is this be all single family with that proximity to those
uses and would like to see a mixture of uses and mixture of housing types
in addition to the standard stand alone single family home. The amount of
development that you can put on this property can stand a very wide range
of uses and if indeed, a school does happen that nearby I would like to be
able to have that school and those other uses be accessible to a greater
number of people at a greater number of income levels. Therefore, when
I'm looking for appropriate zoning for this property I'm looking for a
mixed use zoning. We don't happen to have one in this city unless it is a
PZD. The closest thing to that is probably an R-O. We are looking at
Nock's property across the street which 1 believe is 6.7 units per acre. 1
see that an RSF-7 density makes some sense but again, the biggest mix of
housing we would get in there would be a single family dwelling by right
and a two family dwelling by conditional use. We are still not getting that
kind of attached housing and mixed housing types. We have other
residential zonings that encourage a greater variety of housing values but
again, I think that to blanket this with an RT-12 doesn't necessarily send
the right signal either. I would encourage you to come back with a PZD
and I would welcome any other Commissioner's thoughts on the zoning.
Ostner: I would like to completely agree that the Boys and Girls Club is a terrific
opportunity to offer alternatives to the standard market price home in
Fayetteville. That concerns me. I'm not sure how to get there. Not to
overstate the obvious, but these drawings are suggestions again, like the
golf course and if everything went down the tubes we have rezoned to
RSF-4. That's what counts tonight.
MOTION:
Shackelford: Back on some points that I made earlier. I understand your comments and
I understand Commissioner Anthes' comments. We are challenged to
look at a rezoning and annexation recommendation to City Council. I
think that the RSF-4 is as compatible as our options are at this point. I am
Planning Commission • •
June 28, 2004
Page 78
going to go ahead and make a motion that we recommend RZN 04-1084
subject to all staffs findings.
Vaught: I will second.
Ostner: Is there further comment?
Anthes: For the record, the reason that I am going to vote against this is not
because I feel like this is not sufficiently dense. It is because I feel like
that we really need to look at something more comprehensively and I just
want that to be on the record. Thank you.
Ostner: Is there further comment? Could you call the roll Renee?
Roll Call: Upon the completion of roll call the motion to recommend approval of
RZN 04-1084 was approved by a vote of 5-4-0 with Commissioners
Ostner, Anthes, Allen and Clark voting no.
STAFF REA FORM - NON -FINANCIAL OBLIWION
x AGENDA REQUEST
For the Fayetteville City Council Meeting of: July 20, 2004
FROM:
Dawn Warrick
Name
Planning
Division
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
CP&E
Department
RZN 04-1084: (Marinoni, pp , pp 478) was submitted by Bob Estes, Attorney, on behalf of Paul and Suellen
Marinoni for property located at the southeast end of Rupple Road containing approximately 78.84 acres. The
request is to rezone the subject property from R-A, Residential Agricultural, to RSF-4, Residential Single-
family, 4 units per acre.
STAFF RECOMMENDATION: Approval.
Department Director
Finance & Internal Services Dir.
n/
Chief dministrativ5
�0�tt
Mayor
7IL/40� Received in Mayor's Office CA L
a ee — Date
Date
Date
Cross Reference:
Previous Ord/Res#:
Date Orig. Contract Date:
/,)`
Date
�'�c/
Date
Orig. Contract Number:
New Item:
Yes No
PROPOSED ANNEXATION
WEDINGTON
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MARINONI NX
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Terminella 8 Associates Inc.
Marinoni Mountain — A Masterplanned Community June 28, 2004
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ANNEXATION AND
ADJACENT LAND USES
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Marinoni Mountain - A Masterplanned Community June 28, 2004 12W `- J
ZONING DESIGNATIONS
AND DEVELOPMENT
AMENITIES
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Terminella 8 Associates Inc.
Marinoni Mountain - A Masterplanned Community June 28, 2004
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Cole & Associates Inc.
Qualifications
Kevin E. Riggs, P.E. Professional Summary:
Executive Vice President
Mr. Riggs has over 14 years of civil engineering experience He spent 8 years at Stock and As-
sociates prior to joining Cole & Associates as Executive Vice President of the firm. As such,
he is responsible for overseeing the entire engineering department, as well as corporate duties.
Education:
University of Missouri - Rolla, Areas of Expertise:
Bachelor of Science Degree in
Mechanical Engineering in 1991. • Stormwater Management and Simulation Models • Storm Channels
• Sanitary Pump Stations and Force Mains • Flood Plain Studies
Professional Affiliations: • Municipal and Governmental Affairs • Storm and Sanitary Systems
National Council of Examiners a Erosion and Sediment Control Analysis and Design • Construction Inspection
for Engineering and Surveying • Road/Highways • Geotechnical Analysis
(NCEES)
Project Experience:
Lambda Alpha International
- Honorary Land Economics I50,000 sq. ft. office complex, Miramar, Florida, Lucent Technologies:
Society Design and permit stormwater quantity and water quality system.
Missouri Society of Baltimore Ravens Practice Facility, Baltimore, Maryland: Project manager for a new facil-
Professional Engineers (MSPE) ity for Ravens NFL franchise. Design and permitting of stormwater management and water
quality systems.
American Society of Engineers Rock -Cranbury Development, Cranbury, New Jersey: Project manager for 250 acres of
(ASCE) commercial and industrial development housing a 1,000,000 sq. ft. warehouse for Pearson
Education. Design and permit stormwater management facility and water quality system.
Registrations:
Professional Civil Engineer in Sweetheart Cup Development, Carrol County, Maryland: Project manager on a 100 acre
the states of Missouri, Illinois, development containing a 1,000,000 sq. ft. warehouse for Sweetheart Cup. Design stormwater
Kansas, Ohio, Kentucky, Indiana, management facility and water quality system.
New Jersey, New York, Pennsyl- Keaton Corporate Parkway, O'Fallon, Missouri: Design and permit
vania, Hawaii, Maryland, Colo- approximately 1/2 mile of new road to serve an 80 acre industrial commercial development.
rado, Arizona, and Nebraska.
Gateway Commerce Center, Madison County, Illinois: Analyze, simulate and design a
stormwater management system for 4,500 acre commercial and industrial development.
Park 370, Hazelwood, Missouri: Analyze, simulate and design a stormwater management
system for a 500 acre commercial and industrial development.
Moms -Cranbury Development, Cranbury, New Jersey: Project manager on a 150 acre
commercial and industrial development. Design and permit stormwater management and
water quality systems.
The Gap, Fishkill, New Jersey: Project manager on a 250 acre development housing a
1,800,000 sq. ft. warehouse for Old Navy, an 800,000,sq. ft. warehouse for Banana Republic
and a 400,000 sq. ft. warehouse for Gap Inc. Design and permit a stormwater management
system and water quality systems.
Schmalbaeh Lubeea, Columbia, South Carolina: Project manager for a 300,000 sq. It.
manufacturing facility. Design and permit a 1/2 mile road extension, railroad extension and
stormwater management facility.
Villages at Springhurst, O'Fallon, Missouri: Project Executive on an 800 unit residential
mixed use plan.
Jeremy Don Roach,ASLA
Senior Land Planner
Education:
Kansas State University
Bachelor of Landscape
Architecture, 1992
Certificate in Regional and
Community Planning, 1992
Professional Affiliations:
American Society of Landscape
Architects (ASIA)
President of Saint Louis Chapter,
2003-2004
Registrations:
Registered Landscape Architect
in the state of Missouri
Col & Associates Inc.
Qualifications
Professional Summary:
Mr. Roach has over 12 years of landscape architecttral experience. He spent over 7 years with
HOK Inc. prior to joining Cole and Associates as Senior Land Planner. As such, he is respon-
sible for project work from conceptual master planning phases through construction documen-
tation.
Areas of Expertise:
• Master Planning
• Community/Land Use Planning
• Planting Design
• Construction Documentation
• Urban Design
• Site Specific Landscape Architecture
• Sustainable Design Coordination
Selected Project Experience:
Perdido Key Resort — Pensacola, Florida. Masterplan for the 250 acre, multi -use resort
including condominiums, lofts and golf course villas. The project also included 350,000 SF of
retail, five restaurants, three marina's, 4 hotels, spa and 6 acre pool complex.
University of Oklahoma Research Campus — Norman, Oklahoma. Masterplan for the 200
acre campus including research and development, lab, structured parking, residential, commer-
cial, hotel, conference center and open space design.
International Swimming Hall of Fame — Fort Lauderdale, Florida
Project consisted of two waterfront sites totaling 18 acres, master planned to encompass new
swimming facilities, a residential tower, medium density housing, parking structures and a
beachfmnt park into a traditional urban design.
Wrigley Innovation Center — Chicago, Illinois. Masterplan for 7.4 acre site with 300,000 SF
Global Innovation Center adjacent the Chicago River.
Eli Lilly Tippecanoe — Lafayette, Indiana. Programmatic masterplan for additional space at
existing 2300 acre manufacturing facility including 210,000 SF office and laboratory, 30,000
SF of specialty space, 122,000 SF of warehouse and manufacturing and an redesign of both the
main entries and service approaches.
Eli Lilly Prince William — Manassas, Virginia. Masterplan for 150 acre manufacturing and
office facility including landscape plan within VDOT ROW.
Wells Fargo Home Mortgage Jordan Creek Campus — West Des Moines, Iowa - Master
planning, schematic design and sustainable design coordination including alternative storm
water conveyance and storage solutions for the 170 acre, 1,000,000 square foot campus.
Washington University Learning and Teaching Center — Saint Louis, Missouri - Site
Development portion of 35,000,000 dollar project. The Center was a critical component of the
integration of the BJC medical campus and the Washington University School of Medicine.
Key elements of coordination included emergency access due to street closing, streetscape de-
sign encompassing a Euclid Avenue lighting study and accessible access to raised main level.
Col& Associates Inc.
Qualifications
Jeremy Don Roach, ASLA Highway 141 Corridor Enhancement Study —Town and Country, Missouri - Strategic
Senior Land Planner visioning for the Highway corridor east of Interstate 40-61, including master planning of pre-
dominant and tangential commercial properties. The plan coordinated multiple corridor design
strategies with applicable landscape, traffic, phasing, implementation and funding strategies.
Effort received an ASLA Merit Award.
William Rainey Harper College — Palatine, Illinois - 235 acre campus master plan illustrat-
ing the preferred direction for facilities growth beyond the existing 922,000 square feet includ-
ing new building organization, spatial definition, landscape treatment, vehicular circulation and
parking.
SC Johnson Wax Commercial Products Headquarters — Racine, Wisconsin - 250,000
square foot office and laboratory facility on approximately 40 acres. Site design included wa-
ter recharge zones within the parking lot, an 11 acre lake with constructed wetlands, indige-
nous plantings including a fruit orchard. The project was selected by the AIA as one of 1998's
Top Ten Green Projects.
Chicago Shakespeare Theater English Garden — Chicago, IDinois - English Garden
designed in concert with 7 story Shakespeare Theater complex on Chicago's Navy Pier. The
approximately 2500 square foot garden follows traditional English garden motifs and planting
characteristics.
Marsa As' Sayah — Muharraq, Bahrain - Masterplan for an approximately 1260 Acre Land
Reclamation including 460 acres of a variety of residential densities, 20 acre commercial park,
25 acre harbor, 25 acre resort hotel parcel, 200 acre golf course. 40 acres of public beach and
waterfront promenade, 50 acres of parks and public open space, 180 acres of roadways and 260
acres of inland watercourses.
Centennial City — Manila, Philippines - Masterplan and development program for a new
urban district in Manila including a landscape plant material guide, urban artifacts, graphics
and signage document for the 1500 hectare land reclamation in Manila Bay.
Changying Residential Development — Beijing, China - New Town master plan of approxi-
mately 4 hectares. Project included high rise residential, commercial, civic and community
facilities and open spaces. Key elements of coordination included vehicular and pedestrian
circulation, landscape, conceptual lighting, parking, playground and pavilion design.
Dubai Marina — Dubai, United Arab Emirates - Phase I municipal landscape design of
public roadways, main entrances, plazas and waterfront promenade of project encompassing 6
residential towers and multiple villas constructed on dual podium structures. Overall project is
intended to house approximately 90,000 expatriate workers upon full build out.
Lake Town — Maharashtra, India - Masterplan for the main entry into a 9,000 acre Hill
station, or new resort town. Design reflected overall developments organic urban pattern while
responding to the sites dramatic topography. Key elements of coordination included bus access
and staging, gated entrances, sales office, hotel and retail facilities.
FAYETTEALLE •
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: August 9, 2004
Re: Ordinance No. 4599
Attached is a copy of the above ordinance passed by the City Council, August 3, 2004, approving RZN 04-
1084, which rezones property located at south of the Fayetteville Boys & Girls Club and future extensions
of Rupple Road and Persimmon Street, containing approximately 78.84 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
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
RECEIVED
AUG 16 2004
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
AFFIDAVIT OF PUBLICATION
I, do solemnly swear that I am
Lega 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:
r�' d /1C2./1 �,L �i�JG� was inserted in the regular editions on
W -�
Po#
** Publication Charge: $ 10�1.33
Subscribed and sworn to before me this -
l day of a 2004.
- vW / e
Notary1
My Commission Expires: 0/'&S/),o(?
** Please do
not
pay
from Affidavit.
An
invoice
will
be
sent.
Official Seal
SEAN-MICHAEL ARGO
Note ry Public -Arkansas
WASHINGTON COUNTY
My commission Expires 07.25 2013
ORDINANCE NO. •ELIY
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN e ��evlile
REZONING PETITION RZN 04,1084 AS SUBMDEED.BY BOB
EMS ON BEHALF OF PAUL AND SUR I EN MARINONI FOR
PROPERTY LOCATED SOUTH OF THE FAYETTEVILLE BOYS ARKANSAS
AND GIRLS CLUB ADJOINING THE FUTURE EXTENSIONS OF
RUPPLE ROAD AND PERSIMMON STREET CONTAINING APPROMMATELY 78.84 ACRES FROM R- I
A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER ACRE
BE R ORDAINED BY THE CRY COUNCLL OF THE Cm OF FAYETTEVILLE, ARILANWT
Oe officsd zatlrg moo of tre pry of Feyofts,,Ce, Arkansas, Is hereby
ge Provided In Sedon / above.
APPROVED this 3rd day of August, 20D4.
THE FRACTIONAL EAST HALF (FRL E 12) OF THE FRACTIONAL NORTH
1/4) OF SECTION 13, TOWNSHIP 18 NORTH, RANGE 31 WEST AND BEIr
DESCRIBED AS FOLLOWS, TO WIT' BEGINNING AT AN IRON PIN AT THEI
SAID FRACTIONAL EAST HALF (FRL E 12) OF THE FRACTIONAL NORTH
1/4) AND RUNNING THENCE N89 DEGREES 20' W ALONG AN OaSTIt•
THENCE SOO DEGREES 01' W 2038.27 FEET, THENCE S89 DEGREES 37'
NORTH ALONG AN EXISTING FENCE 2632.02 FEET TO THE POINT OF 1
78.84 ACRES, MORE OR LESS.
I
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700