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HomeMy WebLinkAboutOrdinance 4626• Doc, 007827810002 TVDe: REL Recorded: 11,02/2004 at 08:51:35 AM Fee Amt: $11.00 Pace 1 of 2 Was naton Countv, AR Bette Stamps Circuit Clerk ORDINANCE NO, 4626 F13e2004-00045124 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1167 AS SUBMITTED BY RAYMOND SMITH ON BEHALF OF BRYAN MCBRYDE AND SLOAN PROPERTIES FOR PROPERTY LOCATED WEST OF RUPPLE ROAD, SOUTH OF PERSIMMON CONTAINING APPROXIMATELY 5.01 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the zone classification of the following described property is hereby changed as follows: From R-A, Residential Agricultural to RSF-4, Residential Single -Family, 4 Units Per Acre as shown in Exhibit "A" attached hereto and made a part hereof. Section 2: That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this 19'hday of October, 2004. By: ATTEST: G�TY�Oc oG^r By: �� � 'c U* FAYE TEVILLE & SONDRA SMITH, City Clerk 5,; L ;; I EXHIBIT "A" RZN 04-1167 PART OF THE NW '/< OF THE NE'/< OF SECTION 13, T 16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NW CORNER OF SAID NW '/a , NE 'ATHENCE S87004320"E 742.90 FEET, THENCE S02050' 19"W 53.70 FEET, THENCE S400131061W 352.55 FEET, THENCE N870099419W 526.26 FEET, THENCE N02023133"E 335.02 FEET TO THE P.O.B.; CONTAINING 5.01 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. 0 Washington County, AR I certify this instrument was filed on 11/02/2004 08:51:35 AM and recorded in Real Estate File Number 2004- Q0045124 Bette Stamps-�CihcM Clerk by NAME OF FILE: Ordinance No. 4626 CROSS REFERENCE: Item # Date Document 1 09/17/04 memo to mayor & City Council 2 draft ordinance 3 letter from Police Dept. to Dawn Warrick copy of Current Ownership Information & any proposed or 4 pending property sales 5 copy of Planning Commission minutes 6 copy of Close Up View 7 copy of One Mile View 6 copy of Future Land Use 9 Staff Review 10 memo to Dawn Warrick 11 Affidavit of Publication 12 Affidavit of Publication 13 14 15 16 17 18 19 20 21 22 23 24 25 NOTES: 1/2/04 filed at Wash. Co. Circuit Clerk office 10 • i� � City Council Meetil0of October 05, 2004 40" Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administratow Date: September 17, 2004 Subject: Rezoning request for McBryde (RZN 04-1167) RECOMMENDATION Planning Staff recommends approval of an ordinance rezoning approximately 5.01 acres of property from R-A, Residential Agricultural to RSF-4, Residential Single Family — 4 units per acre. The City Council passed Ordinance 4597 on August 03, 2004 thereby annexing 80 acres of property south of Persimmon Street. In the absence of a formal rezoning request, the property was given a zoning designation of R-A, Residential Agricultural. The applicant requests to rezone the northern 5.01 acres of the 80 acre property. The property is currently vacant. Persimmon Place, Cross Keys R-PZD, and Rupple Row R-PZD are located north of the subject property. The applicant requested the property be rezoned from R-A, Residential Agricultural, to RSF-2, Residential Single Family, 2 dwelling units per acre. The applicant's intent is to develop large single family residential lots south of Persimmon Street. Staff recommended approval of a rezoning to RSF-4 for the subject property. Rezoning the property to RSF-4 will increase the density, allowing for more intense residential use of the property and allow for development compatible to surrounding residential subdivisions. This item was heard by the Planning Commission on September 13, 2004. The Planning Commission voted 8-0-0 to forward this rezoning request to the City Council with a recommendation for approval to rezone the subject property RSF-4. BUDGETIMPACT None. ,c.e o, /.Ptnta�ii9y /O/s/0S1 • AT, By: ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1167 AS SUBMITTED BY RAYMOND SMITH ON BEHALF OF BRYAN MCBRYDE AND SLOAN PROPERTIES FOR PROPERTY LOCATED AT THE END OF RUPPLE ROAD, SOUTH OF PERSIMMON CONTAINING APPROXIMATELY 5.01 ACRES FROM R-A, RESITIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINd E FAMILY, FOUR UNITS PER ACRE. /iE BE IT ORDAINED BY THE FAYETTEVILLE, ARKANSAS: e Section 1: That the property is hereby changed as From R-A, Residential cAgricultural to Units Per Acre as shown inEkhibit "A" : Section 2. That 1 Arkansas, is hereby PASSED AND APPRC Sondra Smith, City Clerk By: of the THE CITY OF I Single -Family, 4 made a part hereof. 'of the City of Fayetteville, zoning change provided in of 92004. DAN COODY, Mayor • • EXHIBIT "A" RZN 04-1167 PART OF THE NW'/a OF THE NE %a OF SECTION 13, T16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NW CORNER OF SAID NW '/a , NE '/a THENCE S87004'20"E 742.90 FEET, THENCE S02050' 19"W 53.70 FEET, THENCE S40013'06"W 352.55 FEET, THENCE N87009'41"W 526.26 FEET, THENCE N02023133"E 335.02 FEET TO THE P.O.B.; CONTAINING 5.01 ACRES MORE OIL ESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. / FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of September 13, 2004 125 W. Mountain St. Fayetteville, AR 72701 Telephone:(479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Associate Planner THRU: Dawn Warrick, AICP, Zoning & Development Administrator DATE: September 8, 2004 RZN 04-1167: Rezoning (MCBRYDE, 478): Submitted by RAYMOND SMITH for property located at THE END OF RUPPLE ROAD, S OF PERSIMMON. The property is zoned R-A, RESIDENTIAL -AGRICULTURAL and contains approximately 5.02 acres. The request is to rezone the subject property from R-A, Residential Agricultural, to RSF-2, Residential Single- family, 2 units per acre. Property Owner: C BRYAN MCBRYDE Planner: SUZANNE MORGAN RECOMMENDATION: Staff recommends rezoning of subject property to RSF-4 based on previous findings for RZN 04-09.00 (McBryde/Sloan) and those found herein. Approved Datc: September 13, 2004 October 05, 2004 BACKGROUND: YES O Denied At the regular Planning Commission meeting of April 26, 2004, a proposal to annex and rezone a 80 acre tract was tabled upon request of the applicant. The annexation and rezoning proposals were brought before the Planning Commission again on June 28, 2004, at which the annexation was forwarded to the City Council with a recommendation of approval and the rezoning request was tabled at the request of the applicant. The City Council passed Ordinance 4597 on August 03, 2004 thereby annexing the 80 acres of property. In the absence of a formal rezoning request, the property was given a zoning designation of R-A, Residential Agricultural. (Please reference background information of RZN 04-I 166 for minutes.) Property description: The subject property currently vacant and contains approximately 5.01 acres located south of Persimmon Street and west of Rupple Rd. The property consists of part of an 80 acre tract recently annexed into the City and zoned R-A, Residential Agricultural. Persimmon Place, Cross Keys R-PZD, and Rupple Row R-PZD are located north of the subject property. Request: The applicant is requesting the property be rezoned from R-A, Residential Agricultural, to RSF-2, Residential Single Family, 2 dwelling units per acre. The applicant's intent is to develop large single family residential lots south of Persimmon Street. Recommendation: Staff recommends approval of a rezoning to RSF-4 as previously recommended by staff for the subject property based on the findings included in the staff report. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Vacant (Persimmon Place, Rupple Row, and Cross Keys PPL under construction) RSF-4, Residential Single Family, 4 units/acre R-PZD 04-02.00 Cross Keys R-PZD 04-06.00 Rupple Row South Vacant R-A, Residential Agricultural East Vacant R-A, Residential Agricultural West Vacant R-A, Residential Agricultural INFRASTRUCTURE: Streets: This site will access to the future extension of Persimmon Street that will be constructed as part of the Rupple Row Subdivision. This roadway will be a newly constructed street meeting all of the requirements of the current street standards. Surrounding Master Street Plan Streets: . North: Persimmon St. (future collector) and 46`h Street (local) South: Sellers Rd. (future minor arterial) East: Rupple Rd. (future minor arterial) West: Broyles Rd. (collector) Water: The property does not have access to public water. A 12" water main will be extended along the north property line with the construction of Rupple Row subdivision that is currently underway. Sewer: The site currently has access to a 10" sanitary sewer main that runs through the property along Owl creek. 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 1.53 miles from the future Fire Station #7. Normal driving time is approximately 4-5 minutes to the subject property and 4-6 minutes at full build -out, assuming no access to Rupple Road with this development. Police: It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population density and thereby undesirably increase the load on police services. However, it will place an increased load on police services. The rezoning will not create and appreciable increase in traffic danger and congestion in the area. However, it will create some increase in traffic congestion. Individually, each of these annexations and rezonings do not necessarily . substantially alter the population density, nor do they create and appreciable increase in traffic danger and congestion. The sum total presented over the years,. however, has had a substantial impact on the demand for police services and has caused an appreciable increase in traffic congestion. Without the addition of police patrol personnel, these areas may see a lack of traffic enforcement or may experience situations where officers are delayed in answering many calls for service because of call volume exceeds the number of officers available to respond in a timely manner. LAND USE PLAN: General Plan 2020 designates the site as Residential. Unlike RSF-4, rezoning this property to RSF-2 is not 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 of 2 units per acre for a single family residential development is not consistent with existing zoning and density to the north of the subject property. Development of Persimmon Place Subdivision has been approved to the northwest of the property. It is zoned RSF-4 and developed at 2.65 units per acre. The preliminary plat for Cross Keys R-PZD 04-02.00 was approved for development with a density of 2.81 units per acre. Finally, property to the northeast of the property is zoned R-PZD (Rupple Row) with a density of 6.24 units per acre. Property to the east, south, and west is vacant and within the R-A zoning district. Alternatively, rezoning the property to RSF4 will increase the density, allowing for more intense residential use of the property and allow for development compatible to surrounding residential subdivisions. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning will result in a residential development which will fail to promote orderly and consistent development patterns. However, a higher density than the RSF-2 zoning district allows for development of a subdivision with density appropriate in this area, and would provide compatibility with the adjoining and surrounding approved developments. In order to develop a residential subdivision on this property in a manner that is consistent with the future land use plan, a residential zoning district is needed. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Development of large single family homes with individual access onto a collector street may create a dangerous traffic situation. The police department has determined this rezoning will place an increased load on police services. The rezoning will not create and appreciable increase in traffic danger and congestion in the area. However, it will create some increase in traffic congestion. 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 approximately 5.01 acre tract under an R-A, Residential Agricultural designation would allow for a maximum of 2 dwelling units (1 per 2 acres). With the proposed RSF-2 designation, density requirement would allow development of 10 dwelling units, contrasted to the potential 20 units if rezoned to RSF4. Rezoning the property to either RSF-2 or RSF4 increases the possible number of residential units substantially, yet a zoning classification of RSF4 is consistent with land use and zoning within the City of Fayetteville and developing areas to the north. The following is a review of available services: Engineering — The property does not have access to public water. A 12" water main will be extended along the north property line with the construction of Rupple Row subdivision that is currently underway. The site currently has access to a 10" sanitary sewer main that runs through the property along Owl creek. 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. This site will access to the future extension of Persimmon Street that will be constructed as part of the Rupple Row Subdivision. This roadway will be a newly constructed street meeting all of the requirements of the current street standards. Fire - The subject property is located 1.53 miles from the future Fire Station #7. Normal driving time is approximately 4-5 minutes to the subject property and 4-6 minutes at full build -out, assuming no access to Rupple Road with this development. Police - The police department has determined this rezoning will not substantially alter the population density and thereby undesirably increase the load on police services. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A 1• 161.03 District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitred uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Tm-fannily dwellings Unit 37 Manufactured homes (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unil4 Cultural and recreational facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 36 Wireless communications facilities C Density. 11 Units per acre One-half D) Bulk and area regulations Lot width minimum 200 ft. Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area r dwelltn unit 2 acres (E) Setback requirements. 11 Front 1 Side 1 Rear 35 ft. 1 20 ft. 1 35 ft. (F) Height requirements. There shall be no maximum height limits in the A -I District, provided, however, that any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required setback lines. (G) Building area. None. 161.06 District Rsf-2, Residential Single -Family — Two Units Per Acre (A) Purpose. To provide a single-family dwelling transition zone between single-family neighborhoods that have developed with larger lot sizes (one acre and over) and areas that have developed with smaller lot sizes (8,000 sq. ft.), and 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) Permilted uses. 11 Unit 1 1 Ci -wide uses by right 11 Unit 8 1 Sin le-famil dwellin s (2) Conditional uses. Unit 2 City-wide uses by conditional use ennit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre 1 2 (D) Bulk and area regulations. Lot width minimum 100 ft. Lot area minimum 21,780 s . ft. Land area r dwellin unit 21,780 s . ft. (E) Setback requirements. Front Side Rear 30 ft. 15 ft. 30 fL (F) Height regulations. If Buildin2 height maximum 1 35 ft. (G) Building area. None. * 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 1 City-wide uses by right ' 11 Unit 8 1 Single-family dwelling (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two-family dwellings Unit 24 Home occu ations Unit 36 Wireless communications facilities (C) Density. Single-family dwellings Two-family dwellin s Unitsperacre 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 s . ft. Land - area per dwelling unit 8,000 sq. fL 6,000 sq. ft. E Setback re uirements. 11 Front I Side I Rear 25 ft. 1 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. FAYE'f 'EVILLE THE CITY OF FAYETTEVILLE, ARKANSAS September 7, 2004 Dawn Warrick Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Warrick, C' ";VED SE10 10 2004 PLANNING DIV. POLICE DEPARTMENT This document is in response to the request for a determination of whether the proposed rezoning RZN 04-1167 (McBryde, pp 478) submitted by Raymond Smith for property located end of Rupple Road, South of Persimmon 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 rezoning will not substantially alter the population density and thereby undesirably increase the load on police services. However, it will place an increased load on police services. The rezoning will not create and appreciable increase in traffic danger and congestion in the area. However, it will create some increase in traffic congestion. Individually, each of these annexations and rezonings do not necessarily substantially alter the population density, nor do they create and appreciable increase in traffic danger and congestion. The sum total presented over the years, however, has had a substantial impact on the demand for police services and has caused an appreciable increase in traffic congestion. Without the addition of police patrol personnel, these areas may see a lack of traffic enforcement or may experience situations where officers are delayed in answering many calls for service because of call volume exceeds the number of officers available to respond in a timely manner. Sin erely, ieutenant Willi own 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: 479-587-3555 FAX: 479-587.3522 � ika ika f;$)/§k7 ƒk� (k�� �I cc Q !§kkk .«a ƒW,2 ]k |) < §/5k)S OD §09 /dkM .fr Mz \\� \ E \ \� //�\ \ \\\ \iz \ §\\ \ `) I<> § ( § ) \ CURRENT OWNERSHIP INFORMATION AND ANY PROPOSED OR PENDING PROPERTY SALES Assessor's Parcel Number 001-11772-000, p/o NW'/. NE% & p/o SW'/. NE'/., S13, T16N, RIOW 80.00 acres, more or less. There are no proposed or pending property sales for this property. REASON FOR REQUESTED ZONING CHANGE Parcel Number 00 1 - 11772-000 is currently zoned A-1 and will be annexed into the City of Fayetteville and zoned as R-A, It is proposed to re -zone the 5.02 acres of the parcel to RSF-2 for development into a single family residential subdivision. LAND DEVELOPMENT The development of this property is consistent with the land use of the residential areas surrounding the proposed development with slight increase in vehicle traffic. WATER/SEWER ACCESS The property will have access to an 8" sewer line located near the Northwest portion of the property, and an 8" water line that will be extended from the nearby Cross Keys Subdivision.. DEGREE TO WHICH THE PROPOSED ZONING IS CONSISTENT WITH LAND USE PLANNING OBJECTIVES, PRINCIPLES AND LAND USE AND ZONING PLANS The proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. WHETHER THE PROPOSED ZONING IS JUSTIFIED AND/OR NEEDED AT THE TIME THE REZONING IS PROPOSED The proposed rezoning is justified at this time in that it is in keeping with the policies and adopted plans of the City of Fayetteville. Zoning this property as RSF-4 is consistent with surrounding subdivision. WHETHER THE PROPOSED ZONING WOULD CREATE OR APPRECIABLY INCREASE TRAFFIC DANGER AND CONGESTION The proposed zoning will not create or appreciably increase traffic danger and congestion. WHETHER THE PROPOSED ZONING WOULD ALTER THE POPULATION DENSITY AND THEREBY UNDESIRABLY INCREASE THE LOAD ON PUBLIC SERVICES INCLUDING SCHOOLS, WATER, AND SEWER FACILITIES This increase is not expected to undesirably increase the load on public services including schools, water and sewer facilities. Improvements planned to the Fayetteville overall wastewater treatment system and the coming on line of the new wastewater treatment facility on the western side of Fayetteville should adequately provide services to the sub- division. WOULD IT BE IN PRACTICAL TO USE THE LAND FOR ANY OF THE USES PERMITTED UNDER ITS EXISTING ZONING CLASSIFICATION This property is presently in the county but within the Fayetteville Growth Area. It would be impractical to maintain the A -I or R-A zoning since it would be inconsistent with the surrounding areas already zoned as residential subdivisions, Planning Commission • �• June 28, 2004 Page 66 ANX 04-02.00: Annexation (McBRYDE/SLOAN, pp 477) was submitted by Raymond Smith, Attorney, on behalf of C. Bryan McBryde for property located SE of the intersection of 46th and Persimmon. The property is in the Planning Area and contains approximately 80.0 acres. The request is to annex the subject property into the City of Fayetteville. RZN 04-09.00: Rezoning (MCBRYDE/SLOAN, pp 477) was submitted by Raymond Smith, Attorney, on behalf of C. Bryan McBryde for property located SE of the intersection of 46th and Persimmon. The property is currently zoned R-A, Residential Agricultural, and contains approximately 80.0 acres. The request is to rezone the subject property to RSF-4, Residential Single-family, 4 units per acre. Ostner: The next item on our agenda is ANX 04-02.00 for McBryde/Sloan. Can we have the staff report please? Morgan: This subject property contains approximately 80 acres of vacant property located south of Persimmon Street. It is located just east of the 160 acres we just discussed. The approved Preliminary Plats for Persimmon Place and Cross Keys R-PZD as well as Rupple Row are located to the northwest of the subject property. The property is adjacent to the city limits to the north and west should the City Council approve the preceding annexation. The applicant proposes annexation of this property into the City of Fayetteville. Staff recommends approval of the proposed annexation. Again, as with the previous item, the applicant is requesting RSF-4 zoning and again, a Bill of Assurance did mention this property limiting the density to 1.5 units per acre. The General Plan 2020 identifies this area as residential and staff is recommending approval of the rezoning. Ostner: Thank you. Is the applicant present? Sloan: I'm Charlie Sloan representing the McBrydes. This is Ray Smith. Smith: This is a request to annex approximately 80 acres there that is located at the intersection of 46`h Street and Persimmon. I believe it is shown on the drawing that Mr. Sloan provided to you in our discussion of the Greenwood property. Ostner: Thank you. At this point I am going to open it up to the public. Is there anyone who would like to comment on this issue? McGuire -Bowman: I'm back, I'm Dr. Kathy McGuire Bowman. I don't mean to be hostile to Mr. Sloan but I like to have things out on the table and know what is going on. I think that we make the best decisions if we know what is going on. I am confused. I think that the 20 acre plot or the relocated Planning Commission • • June 28, 2004 Page 67 Jefferson School is in this 80 acres but I don't know because it is not being talked about. I don't think we can make a decision without knowing that if in the future that's coming up. I think you should know that as you are making your consideration. Maybe it's important in terms of the rezoning than the annexation but you would certainly want to know if there is going to be a large scale development with a 1,100 student school. If this is going to get passed as RSF-4 and then in two weeks they are going to come back and say what we really needed was a Large Scale Development here. I am just confused and I would like to ask the developer does this 80 acre plot contain the 20 acres that Mr. Sloan has actively negotiated with Bobby New of the school district to purchase the Jefferson relocated 1,100 student school? -If so, why isn't he including that in the request with the zoning this Large Scale Development request? Maybe this will come up maybe more at rezoning. Of the commission I would wonder can you deny this request for annexation and rezoning, especially the rezoning if you and I know that this Large Scale Development is included in it and it has not been brought up. It is not like it is going to be a new idea. It seems to be happening. I guess that is my concern that it is a totally different thing to be dealing with a Large Scale Development that is a school with the traffic congestion and density impact that that is going to have. If that is what is happening that is what we as planners all of us together, need to know is happening. I have a question for the developer. Is the Jefferson School 20 acres in this plot of 80 acres? Ostner: We will get to that answer momentarily. Let's go ahead and hear from the public. Ralston: I'm Linda Ralston. I will be very brief. I would concur with what Dr. Bowman just mentioned. I have been to a lot of meetings of the school district and we have been made aware of the 20 acres in the northeast comer of this property is what is being proposed. We know that the school district is awaiting annexation and rezoning on this particular plat. Thank you. Ostner: Is there any further comment on this annexation proposal? Gray: My name is Michael Gray. I'm the associate superintendent for Fayetteville schools. Dr. Bobby New sends his apologies that he cannot be here. He is out of state at an educational training conference. He sent me instead. We wanted to talk just a little bit because we have been in discussions with the owner and developer of this property for a site for the new school. We get from the Planning Department each time a development comes to you in every stage there is also a plat made with my name on it and it comes to the school. We have been getting that almost two years. It has been a very valuable tool. We do have a person on our staff that primary job is growth projections and trying to guide us into Planning Commission • • June 28, 2004 Page 68 knowing when we need schools and where. We have to try to determine where those populations are and where they are coming for selection of the school site or school additions. We feel even with this area, if this area were not zoned for Residential and the growth, the growth that is on the north side of Persimmon that is clearly in Fayetteville city limits all the way north of Holcomb Elementary School there are over 2,500 rooftops in plat right now in the existing Holcomb Elementary zone. We are scrambling to try to keep up with the growth that is already there. I need to explain to you that our school district boundaries are larger than the city's. We go from the east all the way to the Madison County line. That is 10 or 11 miles on the other side of Goshen and then into Farmington city limits. As a matter of fact, where the old Farmers & Merchant's bank there on Hwy. 62, right now it is a realty company, that is the boundary. We have to by our law serve those students. For the most part we are talking about serving students that are in the city limits of Fayetteville. Of course we can't build a school without sewer and we can't get sewer without being in the city. We are a little bit bound. We would encourage you to consider annexation for this property so that we can take advantage of Rupple Road extended south from Wedington. There is a new light there and it has got good access. There is a state of the art Boys and Girls Club that is second to none in the nation. For us to be able to partner with the city and the Boys and Girls Club and to give the parents of those students that benefit that is really what we need. We would encourage you to support this and lend us support that way. Thank you. Ostner: Thank you Mr. Gray. Is there any other public comment? Seeing none, I am going to close it to the public and bring it back to the Commission. I believe our largest question by the public has been answered. Yes this is the parcel that the school district is looking for. Vaught: I would just like to say that the annexation and rezoning are something separate from giving the school district to build on this land. That will have to come as a separate proposal. I'm assuming they are bound like the city that have to bring Large Scale Developments for this type of project? Warrick: If the property is in the city it must comply with zoning and development regulations. Vaught: We will see this again if that is what happens. That is part of our consideration. I think we are looking at should this be part of the city and what should it be zoned. That is the simple question before us right now. Ostner: That is a good point. I believe if memory serves me well that schools are not allowed by right in an RSF-4 but they are a Conditional Use. Planning Commission • `� June 28, 2004 Page 69 Warrick: Schools are a Conditional Use in most zoning districts and all residential zoning districts because of the impacts that were mentioned by one of the speakers earlier. You are talking about a traffic generator. You are talking about safety and traffic issues and just whether or not it is compatible in that particular location. Under an R-A district or under an RSF-4 district a school would be required to have a Conditional Use approval. If it was part of a PZD it would be looked at at that time when land use was determined for the tract. Ostner: I just wanted to make it clear that that is another layer of scrutiny that rezoning this parcel tonight does not allow a school. I want to make that clear. It simply annexes and rezones to a single family residential. MOTION: Shackelford: Based on all of the comments that have been made here tonight and in an effort to move this on to the rezoning request I am going to make a motion that we recommend approval of ANX 04-02.00 based on staff findings. Vaught: Second. Ostner: Is there further discussion? Anthes: I just want to state for the record that this piece of property has a tremendous amount of floodplain and floodway on it. I would consider this a highly environmentally sensitive area and I want the city engineers and staff to be able to look at grading and drainage in a very serious way on this piece of property. Therefore, I am going to support annexation. Ostner: Thank you. Is there further discussion? Will you call the roll Renee? Roll Call: Upon the completion of roll call the motion to recommend approval of ANX 04-02.00 was approved by a vote of 9-0-0. Thomas: The motion carves by a vote of nine to zero. Planning Commission • • June 28, 2004 Page 70 Ostner: The tandem item is RZN 04-09.00 for McBryde/Sloan. Our staff report has already been given. Smith: On behalf of the owner and developer we would request that this be tabled, similar to what we did on the Greenwood/Jowers property. Ostner: Thank you. Commissioners? MOTION: Anthes: Because of the degree of water running through this property, because of it's proximity to other services and again, a belief that a blanket zoning on this 80 acres is probably inappropriate, at the request of the applicant I move to table RZN 04-09.00. Clark: Second. Vaught: Once again I would like to point out by tabling you are giving it a blanket zone. Ostner: Is there further discussion? Renee? Roll Call: Upon the completion of roll call the motion to table RZN 04-09.00 was approved by a vote of 6-3-0 with Commissioners Graves, Vaught and Shackelford voting no. Thomas: . The motion carves by a vote of six to three. =I m w lk, I j• • RZN04-1167 One Mile View rr, rnz 0.a RA =1 RW-1 I V I RA III_' 1 RJR ]d al,•-_ j RA I �I. a-0 �..I R aY I L; GL1 l 1R-0I - ( I -i G' Lt G2 I iGr� IR�R-0 0.1� 171 - ao cx -,o t- R-A h..�J4 iZ} iRTr2 Gt A I -0 I R-0La�1F26L� ,_. 2 s SUBJECT PROPERTY I _ Overview Legend - -'-- Subject Property Master Street Plan RZN04-1167 Boundary Ma 'v Freewayffipssway 4%*Pnndpal Mena) Streets Planning Area w " - MMm Arterial_ v -a a� 0000000% o 000000Overlay Disbict s cylector `gannae Outside City 0*6* H6brKC Iector .- 0 0.1 0.2 0.4 0.6 0. Miles iiW"I R-A .... :....:. STAFF RE* FORM - NON -FINANCIAL OBLIPTION AGENDA REQUEST For the Fayetteville City Council Meeting of: October 5, 2004 FROM: Dawn T. Warrick IN"01- Planning Division ACTION REQUIRED: Ordinance Approval. SUMMARY EXPLANATION: CP&E Department RZN 04-1167: Rezoning (MCBRYDE, 478): Submitted by Raymond Smith for property located at the end of Rupple Road, South of Persimmon. The property is zoned R-A, Residential Agricultural and contains approximately 5.01 acres. The request is to rezone the subject property from R-A, Residential Agricultural, to RSF-4, Residential Single-family, four units per acre. STAFF RECOMMENDATION: Approval City Attorney Department Director Finantemal Services Dir. 9/�'1l oY Date Date T 220of Date Received in Mayor's Office Cross Reference: Previous Ord/Res#: Orig. Contract Date: Orig. Contract Number: Date New Item: Date I 0/0 V Date ,L� Yes No FAYETTENRLLE 0 THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 Fax: (479) 718-7695 city_clerk@ci.fayeffeville.ar.us DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearmanv City Clerk Division Date: October 25, 2004 Re: Ordinance No. 4626 The City Council passed the above ordinance, October 19, 2004, rezoning RZN 04-1167 containing approximately 5.01 acres. I have attached a copy of the ordinance. 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: LaDawnya Cossey, Planning John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering AFFI AVIT OF PUBLICATION I, af(//, /( 12O)&4J12 i/ 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: CJr "f� was inserted in the regular editions on Po# "°` Publication Charge: $ /0// a Subscribed and sworn to before m,,e/�this 26A day of _-6�y , 2004. Notary Public Catherine�«l 5! Nota : SSall Puhr,. State of My Commission,Explres: nr " kou )` MY Contrnissio Ex ire n[y P s a " Please do not pay from Affidavit. An invoice will be sent. RECEIVED OC 1 2 7 2004 CaY OF LLE CITY 'LCi.'n"�F1ICE ORDINANCE NO. "20 AN ORDINANCE REOG PEE THAT PROPERTY aye evl e DESCRIBED IN REZONING PETTilOf4 RZN PROPER AS SUBMITTED BY RAYMOND SMITH ON BEHALF OF BRYAN MCBRYDE AND SLOAN PROPERTIES FOR ARKANSAS m PROPERTY LOCATED WEST OF 9UPPLE ROAD. SOUTH OF PERSIMMON CONTAINING APPROXIMATELY 5.01 ACRES FROM R-A. RESIDENTIAL AGRICULTURAL TO RSFi, RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER ACRE BE rt ORDAINED BY THE CRY COUNCIL OF THE CITY OF PAYSTTEMIUR, ARNANEAE, Section 1: That the zone classification of Ua fol ing described property is hereby ctangetl as fdlows: Fro R-A, ROWWtal AWim turel to RSF4, Residential Single-Fartnly, 4 UNis Par Apo os Mown In E#idt -A' at,apad hereto and nestle a pat Iwoof. Section 2: That NO official zorIrg map of oa aty of Fsyette+Ea, AAarnas. is hereby arilendsd W rensof, vie zoring chage provided in Section 1 above. PASSED •E• APPROVED Ris 191n day of October, 20D4. 4 :•.1:I •) Y•+' I r is Rilza^'+ EXHIBIT W RZN 04-1167 PART OF THE NW 1/4 OF THE NE 1/4 OF SECTION 13, T16N, F131W IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING'AT THE NW CORNER OF SAID NW 1/4. NE 1/4 THENCE SB7904'20-E 742.90 FEET+RIENCE S02.50'1M 53.70 FEET, THENCE S40.13.06-W 352.55 FEET, THENCE N87.09'411W 526.26 FEET.. THENCE N02923'330E 335.02 FEET TO THE P.O.B.: CONTAINING 5.01 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RE'`A0. .... 212 NORTH EAST AVENUE • P.O. BOX 1607 •-FAYETTEVILLE, ARKANSAS 72702 (501) 442-1700