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
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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.
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.... :....:.
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