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
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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
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KI- NU4-1 � HAYS FAMILY DEVELOPMENT, LLLP
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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