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HomeMy WebLinkAboutOrdinance 4607ORDINANCE NO.4607 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1091 AS SUBMITTED BY JIM MCCORD ON BEHALF OF HAYS FAMILY DEVELOPMENT, LLP FOR PROPERTY LOCATED WEST OF 54T" AVENUE ADJOINING THE EXTENSION OF PERSIMMON STREET CONTAINING APPROXIMATELY 49.40 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 17`" day of August, 2004. APPROVED: By: Nam. � Y; �G, .:P ATTEST: , - • G�j �F ' c ,FAYETiEVILLE; 04 SONDRA SMITH, City Clerk %9sIYIA 6, 0 (3J IIIIIII (IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 007653930002 Tvoe: REL Recorded: 09/09/2004 at 02:29:18 PM Fee Amt: $11.00 Paoe 1 of 2 Mashinoton Countv. AR Bette stemos Circuit Clerk File2004-00037316 L i EXHIBIT "A" RZN 04-1091 PART OF THE NW '/4, NW '/4 AND PART OF THE NE'/4, NW '/4 OF SECTION 14, T16N, R31 W IN WASHINGTON COUNTY ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID NW '/4, NW '/4 THENCE N8905911199E 995.13 FEET TO THE P.O.B., THENCE N89059'1l9E 665.91 FEET, THENCE S8802617"E 165.07 FEET, THENCE S8905511791E 825.00 FEET, THENCE SOUTH 904.23 FEET, THENCE WEST 835.88 FEET, THENCE S00041'19"W 146.47 FEET, THENCE N89049' 12"W 825.49 FEET, THENCE N0002Y31 "E 1053.60 FEET TO THE P.O.B, CONTAINING 37.30 ACRES, MORE OR LESS, SUBJECT TO R/W AND EASEMENTS OF RECORD. oil PART OF THE SW '/4, SW '/4 AND PART OF THE SE'/4, SW '/4 ALL IN SECTION 11, T16N, R31 W IN WASHINGTON COUNTY ARKANAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SW '/4, SW IATHENCE N89059'119'E 995.13 FEET TO THE P.O.B., THENCE N0002313157E 817.95 FEET, THENCE EAST 331.47 FEET, THENCE S0000510"E 47.93 FEET, THENCE S89058104"E 330.03 FEET, THENCE S0000513717W 769.66 FEET, THENCE S89059'1199W 665.91 FEET TO THE P.O.B., CONTAINING 12.1 ACRES MORE OR LESS SUBJECT TO R/W AND EASEMENTS OF RECORD. 0 ' Washington County, A was filed on i certify ihi4 in02 rum 8 PM 29. eal state 091091200ded in RE and rgGO 4 00037316 File Number 200 Clerk Bette Stamps' Circuit by 0 NAME OF FILE: Ordinance No. 4607 CROSS REFERENCE: Item # Date Document 1 08/17/04 Ord. 4607 w/Ex. A 2 06/29/04 memo to mayor & city council 3 draft ordinance 4 letter from police dept. 5 statement of support 6 Exhibit A 7 copy of email to Planning Division 8 copy of Close Up View 9 copy of Order of Annexation 10 copy of One Mile View 11 copy of Future Land Use 12 copy of preliminary map 13 original of preliminary map 14 Staff Review Form 15 letter to City Council from Jim McCord 16 draft ordinance 17 memo to Dawn Warrick 18 Affidavit of Publication 19 20 21 22 23 24 25 26 27 28 29 30 X117/,0y City Council Je ing of July 20, 2004 yzoV-7 Agenda Item Number 4Z4)d�/6S fVay5 , CITY COUNCIL AGENDA MEMO IL✓t/ectutQ. To: Mayor Coody and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administrator Date: June 29, 2004 Subject: Rezoning request for Hays (RZN 04-1091) RECOMMENDATION Planning Staff recommends approval of the requested rezoning for Hays. This action will rezone a 49.40-acre tract of land from R-A, Residential Agricultural to RSF-4, Residential Single Family, 4 DU/Acre. The request is to rezone the subject property to RSF-4. BACKGROUND Property Description: The subject 49.40 acre tract of land is located west of 541h Street, adjoining the extension of W. Persimmon St. as reflected on the Master Street Plan and south of Tackett Dr/Genevieve Avenue. Approval of the preceding request to annex 37.30 acres into the City of Fayetteville is required for the subject 49.40 acres to be considered for rezoning to RSF-4. The difference in tract size is made up of an additional 12.1 acres already within the city limits, zoned R-A, Residential Agricultural, north and west of the 37.30-acre tract. Proposal: The applicant requests a rezoning from R-A to RSF-4 to allow for development of single family homes at a maximum density of four (4) dwelling units per acre. The applicant(s) are a consortium of land owners within the Planning Area that have collectively requested their respective properties be annexed and rezoned. 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, Ostner, Clark and Allen voting no. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1091 AS SUBMITTED BY JIM MCCORD ON BEHALF OF HAYS FAMILY DEVELOPMENT, LLLP FOR PROPERTY LOCATED WEST OF 54T" AVENUE ADJOINING THE EXTENSION OF PERSIMMON STREET CONTAINING APPROXIMATELY 49.40 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 4Residential Single -Family, 4 Units Per Acre as shown inTxhibit "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'reflectr"the zoning change provided in Section_ I_ above. PASSED AND APPROV.ED.this day of 92004. APPROVED: ATTEST By: Sondra Smith, City Clerk By: DAN COODY, Mayor EXHIBIT "A" RZN 04-1091 PART OF THE NW '/4, N W '/4 AND PART OF THE NE '/4, N W %4 OF SECTION 14, T16N, R31 W IN WASHINGTON COUNTY ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID NW Y4, NW '/4 THENCE N89059'11"E 995.13 FEET TO THE P.O.B., THENCE N89059111"E 665.91 FEET, THENCE S88026' 17"E 165.07 FEET, THENCE S89055' 1791E 825.00 FEET, THENCE SOUTH 904.23 FEET, THENCE WEST 835.88 FEET, THENCE ;S00°41' 19"W 146.47 FEET, THENCE N89°49' 12"W 825.49 FEET, THENCE N00°23'31 "E 1'053.60 FEET TO THE P.O.B. CONTAINING 37.30 ACRES, MORE OR LESS, SUBJECT TO R/W AND EASEMENTS OF RECORD. And / PART OF THE SW %4, SW '/4 AND PART OF -THE SE ''/ SW 'AALL IN SECTION II, T16N, R31 W IN WASHINGTON COUNTY ARKANAS AND\BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF,SAID SW %4, SW 'ATHENCE N8905951l"E 995.13 FEET TO THE P.O.B., THENCE N00023'31"E 817.95 FEET, THENCE EAST 331.47 FEET, THENCE S00005' 10".Ey -47.93 FEET, THENCE S89058'04"E 330.03 FEET, THENCE S00005'37"W 769.66FEET, THENCE S89059'11"W 665.91 FEET TO THE P.O.B., CONTAINING/12.1 ACRES MORE OR LESS SUBJECT TO R/W AND EASEMENTS/OF RECORD. ) • 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: Craig Camagey, Senior Planner THRU: Dawn Warrick, AICP, Zoning & Development Administrator DATE: June 23, 2004 RZN 04-1091: Rezoning (HAYS): Submitted by JAMES MCCORD for property located WEST OF 54s' AVE. ADJOINING EXTENSION OF W. PERSIMMON ST (AS REFLECTED ON M.S.P.) The property is zoned R-A, Residential Agricultural, and contains approximately 49.40 acres. The request is to rezone the property from R-A to RSF-4, Residential Single Family, 4 DU/Acre. Property Owner: HAYES FAMILY DEVELOPMENT, LLLP Planner: CRAIG CARNAGEY 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 Required YES ("pproved O Denied s-�- Required YES O Approved O Denied BACKGROUND: Please reference the associated ANX 04-1090 staff report for additional background information. Property Description: The subject property contains approximately 49.40 acres located west of 54'h Avenue, and adjoins an extension of west Persimmon as reflected on the City's Master Street Plan. A 37.30-acre portion of the overall tract is the subject of the associated request for annexation into the city limits. The remaining 12.1 acres is currently within the City limits. The property is adjacent to city limits to the east and the north. This configuration does not create an island of unincorporated property within the City limits. 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 request be approved. 12.1 acres of this property are currently within the city, and zoned R-A. Related Issues: When property is annexed into the City, it is annexed as R-A Residential Agricultural. If the preceeding annexation is recommended for approval to City Council, the applicant would like to rezone the entire 49.40 acres to RSF-4, Residential Single Family, 4 Units per Acre. The annexation request, ANX 04-1090, 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 RSF-4, Residential Single Family, 4 units/acre South Single family residential Planning Area East Vacant R-A, Residential Agricultural West Vacant Planning Area INFRASTRUCTURE: INFRASTRUCTURE: Streets: Currently the site has access to Persimmon Street and 540s Avenue at the northeast comer of the property and County Road 649 along the east property line. At the time of development, Persimmon Street will need to be constructed through the development. County Road 649 will need to be brought up to current standards along the property frontage. Off -site improvements to 54 s Avenue will be considered at the time of the development of the property. Surrounding Master Street Plan Streets: North: Persimmon St. (planned collector) South: Dot Tipton Road. (unimproved collector) East: 54`s Avenue. (unimproved collector) West: Double Springs Road (minor arterial) Water: The property has access to an 8" water main along Persimmon Street and 54", Avenue. 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 does not have access to sanitary sewer. An off -site sewer main extension will be required to serve this development. 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 1.97 miles from future Fire Station #7 on Rupple Road. Normal driving time is 4 -6.5 minutes. Water supply will be necessary for this property to develop. 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 rezoning is proposed. Finding: The proposed zoning is justified in order to promote orderly and consistent development patterns making use of existing infrastructure. 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 RSF-4 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 unimproved 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 49.40 acre tract under an R-A, Residential Agricultural designation would allow for a maximum of 24 dwelling units (1 per 2 acres). With the proposed RSF-4 designation, 197 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 - Currently the site has access to Persimmon Street and 54`s Avenue at the northeast corner of the property and County Road 649 along the east property line. At the time of development, Persimmon Street will need to be constructed through the development. County Road 649 will need to be brought up to current standards along the property frontage. Off -site improvements to 541' Avenue will be considered at the time of the development of the property The property has access to an 8" water main along Persimmon Street and 54ei Avenue. 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 does not have access to sanitary sewer. An off -site sewer main extension will be required to serve this development. 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 1.97 miles from future Fire Station #7 on Rupple Road. Normal driving time is 4 -6.5 minutes. Water supply will be necessary for this property to develop. 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. If there are reasons why the proposed zoning should not be approved in view of �0 A 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 1 • ,0 161.07 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 If 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 Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family dwellin s Two-family dwellin s 11 Units er acre 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 dwelling unit 8,000 sq. ft. 6,000 sq. ft. (E) Setback requirements. Front Side Rear 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-I6-98; Ord. No. 417818-31-99) FAYE[tEVILLE '• THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT June 18, 2004 Dawn Warrick Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Warrick, This document is in response to the request for a determination of whether the proposed Annexation ANX 04-1090 (Flays Family Development, LLLP, pp 475) and Rezoning RZN 04-1091 (Flays Family Development, LLLP, pp 475) submitted by James McCord for property located west of 541n Ave. Adjoining extension of W. Persimmon St (As reflected on M.S.P.) 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 or create and appreciable increase in traffic danger and congestion in the area. Sincerely, Z% 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 N N N N N ZNNZN: S Z Z Z Z Z X Z Z X Z h o 0 0 0 0 0 0 0 0 0 A A A J j j j j > 0 0 0 0 t > A W N O O A w C O (D N U CD 6 ID a:[ N G) D 0 `Z ? CO a)_ w. N .� p'� y w w O C y i O Q Q O O O O O C G > D1 O w W v 0 f00 W 0 1 C C C C C Tc TTT C -nC C C tom ��ur - tom a > T[ n N> T A T T l U1 Ul CO (1) U W Ut V V O N W O O W A N > C J W> W W W V i0 W 3 3.. 3 3 N N 0 m N N N (U cc w w w w w w w w w w W Oo W N A 3 3 3 3 3. 3 A 3 3 3 c C C G C C C S C C C N N (D N w fD C fD (D O1 w w w N w N w w w ut Oo W Oo fJ Ut A > O 0 S 4 N N Ut A> ut A W N V 3E3 3vJ 3 3 C C C C C C w N 1�/1 w W fD w N N m W V O m O O N A N fD N d N y N N N W N W m N O N N C 3 J w c c . . n_ u D m x m 0 I 1 D �m p a I O 00 M_ I j T _ I I m i T O — m w E w 6 � m 0 0 3 I O .'O 9 m m w O o � m m � m ~ ro m i v D-1 � i � m m tmi I c O � O m i C 3 9 V c 3 m m m � _m m m C 3 m ^ m 0 m_ v Q x 00 _ m m m m C 3 w n T +m 9 x z m o c b P e rr rr c 3 u y a 3 o m y x w `o n O c 0 m m c 3 m a n STATEMENT IN SUPPORT OF REZONING APPLICATION BY HAYS FAMILY DEVELOPMENT, LLLP et al. (From R-A to Rsf-4) 5(a). Current ownership information and any proposed or pending property sales. Current ownership information is provided accurately on the Rezoning Application including the attached ownership cards from the office of the Washington County Assessor. There are no proposed or pending property sales at this time. (b). Reason (need) for requesting the zoning change. Rsf-4 zoning is requested (needed) for a residential subdivision, with approximately 3 lots per acre, consisting of single family dwellings proposed for development on the Hays property to meet a housing demand in the area. (c ). Statement of how the property will relate to surrounding properties in terms of land use, traffic, appearance, and signage. The proposed use of the property is single family dwellings compatible with surrounding properties and is the land use recommended by the 2020 General Plan for the City of Fayetteville. Legacy Pointe subdivision is located shortly west of the subject property. Other surrounding land uses are single family residential and agricultural. Additional residential subdivisions are proposed for the area. When development occurs, Persimmon Street will have to be constructed to City street standards. The proposeddevelopment would add traffic to Wedington Drive via 50 Street, Rupple Road and Double Springs Road. Any signage would conform to the Fayetteville sign ordinance. (d). Availability of water and sewer (state size of lines). An 8" water line is available to the property from 54"' Street. A 6" sewer line runs along 50 Street north of the property and would have to be extended by the developer. May 21 04 04:27 P _ p.2 85/21/2604 13:59 479-57 2�ENGINEEP.ING C.O.F.' �! •� PAGE 02 A BI "A" BX RZN 04-1091 PART OF THE NW %,, NW '/, AND PART OF THE NE '/., NW % OF SECTION 14, T16N, R31 W IN WASHINGTON COUNTY ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW.CORNER OF SAID NW ''/,, NW '/, THENCE N89059'l I"E 995.13 FEET TO THE P.O.B., THENCE N89059'1I"E 665.91 FEET, THENCE S88026'1711E 165.07 FEET, THENCE S89055'1791E 825.00 FEET, THENCE SOUTH 904.23 FEET, THENCE WEST 835.88 FEET, THENCE S00041719"W 146.47 FEET; THENCE N89°49112"W 825.49 FEET, THENCE N00023'3I "E 1053.60 FEET TO THE P.O.B, CONTAINING 37.30 ACRES, MORE OR LESS, SUBJECT TO R/W AND EASEMENTS OF RECORD. And PART OF THE SW %, SW`/4 AND PART OF THE SE '/., SW / ALL IN SECTION II, T16N, R31W IN WASHINGTON COUNTY ARKANAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SW '/,, SW '/, THENCE N8905911 I"E 995.13 FEET TO THE P.O.B., THENCE N00°23'3I"E 917.95 FEET, THENCE EAST 331.47 FEET, THENCE S00005' 101E 47.93 FEET, THENCE S89°58'04"E 330.03 FEET, _ THENCE S0000533711W 769.66 FEET, THENCE S89059'I171W 665.91 FEET TO THE P.0.6., CONTAINING 12.1 ACRES MORE OR LESS SUBJECT TO R/W AND EASEMENTS OF RECORD. Ov\ EXHIBIT "A" PROPERTY TO BE REZONED AS S MITTED BY THE A.PP Li ' NIT Applicants Signeure —� From: Planning To: Carnagey, Craig; Morgan, Suzanne; Pate, Jeremy; Warrick, Dawn Date: Thursday, June 17, 2004 11:25AM Subject: Fwd: ANX 04-1090 and RZN 04-1091 >>> PAULA THOMPSON <mspjdaisy@sbcglobal.net> 06/16/04 07:37PM >>> This is in response to the second notice I have gotten as an adjoining property owner regarding actions before the Planning Commission. The first was 30 acres to my west, now 37 acres to my north, all to be rezoned for 4 units per acre. Please, please, urge the planners and the commission to drive to these sites over any of the roads that will get you here. The city streets and county roads are barely two lane ... in places not even that ... and you are considering allowing the erection of some 268 residences, with an average of probably 3 or more cars each? Annex the land, but please do not rezone for that density unless you have surplus funds in reserve to upgrade the roads that will be handling all those cars. We already have terrible congestion on HWY 16W, accidents on an all too regular basis, and all the other ills that come with growth that outstrips the infrastructure and resources of the area. Please, you are the only protection we have ... and the last best hope for prairie wildlife that has been here since Peter Van Winkle came to this spot of ground in the 1840s. If you don't care about the native critters, please care about the two -legged road kill this will bring. Paula Thompson 5790 W. Dot Tipton Road Fayetteville, AR 72704 0 KI- NU4-1 � HAYS FAMILY DEVELOPMENT, LLLP One Mile View R# `y NnrHoaW h l �Y' L RA ca i 0 R.0 F I l i RSF# � Y R# R# 71 r I In-„ C `'r�i o{v r W 4f'+ r �✓ >� .l +` "CS•- Y100LSEY FMttRD ,..__:,�.dh'".fir Overview Legend _ - Subject Property Boundary Master Street Plan RZN00-1091 .. Planning Area' FrtpwaYPessxaY . ooao$ I%, Rmipal Adana! Streets 000000 Overlay District �, Mmor ARatat 1 . Edswq L _ _t CM hats . Cwav Outside City 00 *R H¢IONc CaOeclor 0 0.1 0.2 0.4 0.6 0.a files RZN04-1091 HAYS FAMILY DEVELOPMENT, LLL Future Land Use RSF- .............. .......... ....................... Resi ..........................................:.... ......... Residential.......... .............. _....._..................................... .......... .............................. I Overview I Legend Boundary Subject Property � Planning Area 0 Master Street Plan ME RZN04-1091 0 oog Overlay District 412Vag Freeway/Expressway 000000 ° 4"a Streets L _ t Cily Limits d Principal Arterial �� Existing Outside City *`iilliils, Minor Arterial Planned 40 % 0 Collector 00%. Historic Collector 0 200 400 800 1,200 1,600 Feet ...... .............. LEGACY POINTE PHASE S '-- ---- ---i r--- ---- ------- . i —I-r------ _I 2 i L — — — — — r— .x'I y I ? E a al L J _ _., �' �___________ -- ---- -- I I ' i I „ A , I ' II C C C S C C L __Noz No,— i i t l i i '--;- -- PIN II : JORGENSEN & ASSOCIATES CIVIL ENGINEERS , SURVEYORS f m s a LEGACY POINTE PHASE 3 I I - --- ---- -- i I L--- ---- ---- - --- ---- -- F--- ---- ---- - u- . I --- --F --- ---- -- - F-. „----------- I I I I I I i I ,I I ,I I I I I L----� '-- --- ---J -- ---- ----� r----- ---- ---- --- --- --- . -- _J L_ 5 -- ---- ----� r--------,�; --,, -- ---- ----J 1; r-------- I 1 I » l I » 1 r < � • 1 V ` N BLllE MTS WTE BEYISEB fIECBFB BY: BBABH BY: BJI m JORGENSEN & ASSOCIATES aTE a B ✓ mm�uunwl CIVIL ENGINEERS SURVEYORS PRELIMINARY LAYOUT j STAFF REVIEW FORM - NON -FINANCIAL OBLI TION x AGENDA REQUEST For the Fayetteville City Council Meeting of: Julv 20.2004 FROM: Dawn Warrick Planning CP&E Name Division Department ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: RZN 04-1091: (Hays, pp 478) was submitted by James McCord, Attorney, on behalf of Hays Family Development, LLP for property located west of 54th Avenue adjoining the future extension of Persimmon Street containing approximately 49.40 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 Department Director Approval. � Date 17`r1/0 `f Date Date Finance & Internal Services Dir. Date Received in Mayor's Office Cross Reference: Previous Ord/Res#: Orig. Contract Date: Orig. Contract Number: New Item: Date Yes No • SOH • JAMES N. McCORD ArNX . 04- wno ,Attorney at Law 11 N. WEST SUITE #202 FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (479) 695-1134 RZ dy 1 FACSIMLE (479) 695-1135 jimmccordlaw@aiitel.net To: Fayetteville City Council From: James N. McCord 911A Attorney for HaysTamily Development, LLLP et al. CApplicants') Date: July 14, 2004 Re: Annexation and Rsf-4 rezoning of property adjoining extension of Persimmon St reflected on Fayetteville Master Street Plan (ANX 04-1090; RZN 04-1091) SUMMARY OF FACTS SUPPORTING ANNEXATION AND Rsf4 REZONING (Detailed memorandum attached) (1) City Planning Staff and the Fayetteville Planning Commission recommend • approval of the annexation and Rsf4 rezoning. (2) The annexation is consistent with the City's Annexation Guiding Policies. (3) Future Fire Station No. 7 will be located 1.97 miles from the property and can Provide emergency response to the property in approximately 4-6.5 minutes. (4) The Fayetteville Police Department is of the opinion that annexation and Rsf-4 zoning (a) will not undesirably increase the load on police services, and (b) will not create an appreciable increase in traffic danger and congestion in the area. (5) Adequate water and sewer lines are available to serve the property (6) Rsf4 zoning is compatible with the City Land Use Plan (General Plan 2020). (7) Rsf-4 zoning is compatible with nearby properties in terms of land use. (8) Rsf4 zoning is justified by the demand for attainable housing in the area. A less dense zoning classification would make development -of a subdivision with attainable housing economically unfeasible. pc: Hon. Dan Coody, Mayor Sondra Smith, City Clerk 40 J.B. Hays • JAMES N. McCORD Attorney at taw • 11 N. WEST AVE. SUITE #202 FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (479) 695-1134 FACSIMLE (479) 695-1135 jimmccordlaw@alitel.net To: Fayetteville City Council From: James N. McCord)A#V Attorney for Hays amily Development, LLLP et al. ("Applicants") Date: July 14, 2004 Re: Annexation and Rsf-4 rezoning of property adjoining extension of Persimmon St reflected on Fayetteville Master Street Plan (ANX 04-1090; RZN 04-1091) ANNEXATION Applicants are requesting annexation of 37.30 acres located at the southwest is of the intersection of 54 Avenue. and Persimmon Street. The property lies south of the westerly extension of Persimmon Street reflected on the Fayetteville Master Street Plan. (See attached vicinity map.) Facts supporting annexation are: (1) City Planning Staff recommends approval of the annexation; (2) The Fayetteville Planning Commission recommends approval of the annexation; (3) The annexation is consistent with the City's Annexation Guiding Policies - (a) Annexation will not create an island or peninsula of unincorporated property; (b) The property is contiguous to the city limits; (c) The area will not divide a subdivision or neighborhood; (d) The proposed boundaries follow property lines ; 0 n LJ (e) Public services can be provided efficiently to the area- (i) Future Fire Station will be located 1.97 miles from the property and can provide emergency services to the property in approximately 4-6.5 minutes; (ii) The Fayetteville Police Department is of the opinion that the annexation will not undesirably increase the load on police services or create an appreciable increase in traffic danger and congestion in the area. (f) The area is currently served by utilities- (i) An 8" water line is available to the property from 54t6 Ave.; (ii) A 6" sewer line runs along 54tb Ave. north of the property and can be extended by the developer when development occurs. (The recent city-wide wastewater capacity study does not conclude that development in this area should be be put on hold. When development of this property is proposed, the capacity of the Own Creek lift station will be examined.) (g) The.property is a larger annexation with reasonable boundaries avoiding the creation of islands or peninsulas. REZONING Applicants request rezoning from R-A to Rsf-4 for the 37.30 acres proposed for annexation plus an adjoining 12.10 acres to the north which is already within the city limits and is owned by Hays Family Development,1.1.1 .(See attached vicinity map.) Of the total 49.4 acres, the property owned by Hays entities (45.93 acres) is proposed for development. A single family residential subdivision compatible with the area is proposed. Rsf4 zoning allows 4 single family dwellings per acre, but the actual density for the 45.93 acres can only be approximately 2.8 units per acre, because of the land area required for streets and utilities (45.93 acres x 2.8 units per acre = 128 total units. Two existing houses are on the property.) Facts supporting Rsf-4 zoning are: (1) City Planning Staff recommends approval of the rezoning; (2) The Fayetteville Planning Commission recommends approval of the rezoning; 0 (3) The City Land Use Plan (General Plan 2020) designates this area for residential use. Rsf-4 zoning is compatible with this designation; (3) Rsf-4 zoning is compatible with nearby properties in terms of land use. Subdivisions with Rsf-4 zoning have been, and are being, developed in the area; (4) RsfA zoning is justified by the demand for attainable housing in the area. A less dense zoning classification would make the development of a subdivision with attainable housing economically unfeasible; (5) An 8" water line is available to the property from 54" Ave and a 6" sewer line along 54's Ave can be extended to the property by the developer; (6) The Fayetteville Police Department is of the opinion that Rsf4 zoning will not undesirably increase the load on police services or create an appreciable increase in traffic danger and congestion in the area. A traffic signal has been installed at the intersection of Wedington Drive and Rupple Road. (7) Future Fire Station No. 7 will be located 1.97 miles from the property • and can provide emergency services to the property in approximately 4-6.5 minutes. (8) At the time of development, the developer will construct Persimmon St. to City standards through the property and may be required to upgrade the adjoiinn County road. Cost -sharing by the developer for improvements to 54 Ave. may be considered. CONCLUSION For the above reasons, Applicants respectfully request the Fayetteville City Council to annex their 37.30 acres and to rezone their 49.4 acres from R-A to Rsf-4. pc: Hon. Dan Coody, Mayor Sondra Smith, City Clerk J.B. Hays • • .N W E S PROPERTY OWNERS MASON W. 8 LARISSA E. NALL 1826 CROSSOVER RD. SUITE I FAYETTEVILLE, AR. 72701 MARVIN G. 8 FRANCES A. HOUSTON 4268 WAGON WHEEL RD. SPRINGDALE. AR. 72762 TRACY L. 8 HOLLY A. THOMAS 425 N. 54TH AYE. FAYETTEVILLE. AR. 72704 RANDALL G. 8 PEGGY J. LYNCH P.O. BOX 124 FARMINGTON. AR. 727300 HAYS FAMILY DEV. LLP HAYS FAMILY INVESTMENTS. LLP 2025 GREEN ACRES ROAD FAYETTEVILLE, AR. 72703 ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1091 AS SUBMITTED BY JIM MCCORD ON BEHALF OF HAYS FAMILY DEVELOPMENT, LLP FOR PROPERTY LOCATED WEST OF 54T" AVENUE ADJOINING THE EXTENSION OF PERSIMMON STREET CONTAINING APPROXIMATELY 49.40 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 17'hday of August, 2004. ATTEST: By: SONDRA SMITH, City Clerk ..O T - I: 0 • ED- DAN COODY, Mayor FAYETTEIALLE 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-Pearmanw r City Clerk Division Date: August 23, 2004 Re: Ordinance No.4607 Attached is a copy of the above ordinance passed by the City Council, August 17, 2004, approving the rezoning petition RZN 04-1091 located west of 54" Avenue adjoining the extension of West Persimmon Street containing 37.30 acres and owned by the Hays Family Development, LLP. 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 AFFIDAVIT OF PUBLICATION I, do solemnly swear that I am Leg I Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: was inserted in the regular editions on ** Publication Charge: $ 49 9 Subscribed and sworn to before me this day of _ —2 Notary• • ORDINANCE REZONING THAT P-1091 Y' �A 3CRIBEDORDINANCE IN REZONING PETTION. RZN O4-1091 AS r(`J/ 1 3MIITED BY JIM MCCORD ON BEHALF OF HAYS FAM- DEVELOPMENT, LLP FOR PROPERTY LOCATED WEST f 54TH AVENUE ADJOINING THE EXTENSION OF PER-. ARKANSA: IMON STREET CONTAINING APPROXIMATELY 49.40 TES MOM R-A, RESIDENTIAL AGRICULTURAL TO RSF4, RESIDENTIAL SINGLE FAMILY, DB R ORDAIN® By THE CRY COUNCIL OF THE CRY OF FAVETT•VILLE, ARKANLB; My Commission Expires: o7/dS/d 013 section :That he zone classification of that following described property is he, reby clanged as follows.. From R-0. Residential Agrla4Wra1 to RSF-4, Reskientlel Single-Famfiy, 4 Unds Per Acra as eftown Ir Bdlibe'A- anachecl hereto and made a. pert hereof. ** Please do not pay from .Affidavit. An invoice will be sent. Official Seal SEAN-MICHAEL ARGO Notary Public -Arkansas WASHINGTON COUNTY My Commission Expires 07-25-2013 212 NORTH EAST AVENUE • P.O. BOX 1607 • tion 2: That the official zoning map of the City of Fayedayt%, Arkaru^as, Is hereby amended to reflect zoning charge provided in Seaton 1 acc ee. DEED and APPROVED ris 17M day. of August, 2004, mtwcn. EXHIBIT 'A' RZN 04-1091 NW 1/4, NW 1/4 AND PART OF THE NE 1/4, NW 1/4 OF SECTION 14. T16N,. R3 I COUNTY ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING OF SAID NW 1/4, NW 1/4 THENCE NS9059'11'E 995.13 FEET TO THE P.O.B.. TH 365.91 FEET, THENCE S88°26'17"E 165.07 FEET, THENCE S89055'17'E 825:00 TH 904.23 FEET, THENCE WEST 835.88 FEET, THENCE S00°41'1WW 146.47 49'12 W 825.49 FEET, THENCE NOD623'31'E 1053.60 FEET TO THE P.O.S. COP TES, MORE OR LESS, SUBJECT TO RAN AND EASEMENTS OF RECORD. SW 1/4. SW 1/4 AND FART OF THE BE 1/4, SW 1/4 ALL IN SECTION It, T16N. R3 I COUNTY ARKANAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING A OF SAID SW 1/4,SW 1/4 THENCE N89659.1 I-E 995.13 FEET TO THE P.O.B., TH 117.95 FEET, THENCE EAST 331.47 FEET, THENCE S00005'10'E 47.93 FEET, TH 130.03 FEET, THENCE 300'05'37Y 769.66 FEET, THENCE S89-59.11'W 665.91 .. CONTAINING 12.1 ACRES MORE OR LESS SUBJECT TO RAN AND EASEMEN