HomeMy WebLinkAboutOrdinance 46330
ORDINANCE NO. 4633
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04-1219 AS SUBMITTED BY
PROJECT DESIGN CONSULTANTS FOR PROPERTY LOCATED
AT 2389 SALEM ROAD CONTAINING APPROXIMATELY 14.94
ACRES FROM R-A, RESIDENTIAL AGRICULTURAL AND RSF-
1, RESIDENTIAL SINGLE FAMILY, ONE UNIT PER ACRE, 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 and RSF-1, Residential
Single Family, One unit per acre, 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 I" day of November, 2004.
APPROVED:
ATTEST:
By: L t w
SONDRA SMITH, City Clerk
Doe ID: 007927670002 TVDe: REL
Recorded: 12/03/2004 at 11:24:34 AM
Fee Amt: $11.00 Pace 1 of 2
Mashlnoton Countv. AR
Bette Stamps Circuit Clerk
F11e2004-00049492
EXHIBIT "A"
RZN 04-1219
PART OF THE SOUTHEAST''/a OF THE SOUTHEAST ''/a OF SECTION 31, TOWNSHIP
17 NORTH, RANGE 30 WEST; ALSO PART OF THE SOUTHWEST '/4 OF THE
SOUTHWEST''/<OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST; ALSO
PART OF THE FRACTIONAL NORTHWEST '/< OF SECTION 6, TOWNSHIP 16
NORTH, RANGE 30 WEST, ALL IN WASHINGTON COUNTY, ARKANSAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE
ALONG THE WEST LINE OF SAID SW '/< OF SECTION 32 N02000133"E 8.82 FEET;
THENCE DEPARTING SAID WEST LINE N88035'2717W 39.90 FEET; THENCE
N04018137E 320.74 FEET; THENCE S87°51'7"E 27.02 FEET TO SAID WEST LINE OF
THE SOUTHWEST'A OF SECTION 32 THENCE S87037'419'E 961.34 FEET; THENCE
S02011'2291W 210.00 FEET; THENCE S87°37'41"E 360.02 FEET TO THE EAST LINE
OF SAID SW '/4 OF THE SW '/4 OF SECTION 32; THENCE ALONG SAID EAST LINE
S02011'2299W 118.82 FEET TO THE SOUTHEAST CORNER OF SAID SW '/< OF THE
SW '/4 OF SECTION 32; THENCE ALONG THE SOUTH LINE OF SAID SW '/< OF THE
SW '/4 OF SECTION 32 N87037'41"W 28.71 FEET; THENCE DEPARTING SAID
SOUTH LINE S02039725"W 365.34 FEET; THENCE N87°37'41"W 780.43 FEET;
THENCE N05048127"E 366.00 FEET TO THE SOUTH LINE OF SAID S W '/, OF THE
SW '/4 OF SECTION 32; THENCE ALONG SAID SOUTH LINE N87°37'41"W 531.30
FEET TO THE POINT OF BEGINNING, CONTAINING 14.94 ACRES, MORE OR LESS,
AND BEING SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF
RECORD OR FACT.
Washington County, AR
I certify this instrument was filed on
12/03/2004 11:24:34 AM
and recorded in Real Estate
File Number 2004-00049492
7;1
�I*
f
NAME OF FILE: Ordinance No. 4633
w/Ex. A
CROSS REFERENCE:
Item # Date Document
1
10/11/04
memo to mayor & City Council
2
draft ordinance
3
memo to Planning Commission
4
letter from Police Dept.
5
letter from Project Design Consultants, Inc.
6
copy of Close Up View
7
copy of One Mile View
6
copy of Future Land Use
9
Staff Review Form
10
copy of Planning Commission minutes
11
memo to Dawn Warrick
12
Affidavit of Publication
13
14
15
16
17
18
19
20
21
22
23
24
25
NOTES:
1 12/3/041 Ifiled at Wash. Co. Circuit Clerk office I I
0
you
i i lot
City Council MeetingWNovember 02, 2004
/OX
Agenda Item Number
CITY COUNCIL AGENDA MEMO lQZN b 5L - /Llq
To: Mayor and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director/o�(_
From: Dawn T. Warrick, AICP, Zoning and Development Administrator&
Date: October 11, 2004
Subject: Rezoning request for Hancock/Wilson (RZN 04-1219)
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 14.94 acres
of property from R-A, Residential Agricultural, and RSF-I, Residential Single Family — 1
unit per acre, to RSF-4, Residential Single Family — 4 units per acre.
BACKGROUND
The 14.94-acre subject property is located between Rupple Rd. and Salem Rd. A portion
of the property was located within an island of County property until August of 2004 at
which time the City Council passed an ordinance to incorporate all County islands. In
conjunction with annexation of these properties, a majority were zoned RSF-1 . As a
result, the portion of the subject property annexed by ordinance is zoned RSF-1 and the
portion previously existing within the City limits is zoned R-A. The Future Land Use
Plan designates this property as Residential.
The applicant is requesting the property be rezoned from R-A and RSF-I to RSF-4 for
future residential development. Surrounding residential subdivisions include Clabber
Creek Phase I to the west and Salem Heights (under construction) to the north.
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.
DISCUSSION
This item was heard at the regular Planning Commission on October 11, 2004. Due to
delayed notification, the Planning Commission voted 7-0-0 to table the request to the next
regular meeting on October 25, 2004. In order to prevent the applicant from being
delayed in the review process, staff forwarded this item to be heard by the City Council
on November 02, 2004 with Council materials to be supplemented to include final actions
by the Planning Commission.
BUDGET IMPACT
None.
'163.3
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04-1219 AS SUBMITTED BY
PROJECT DESIGN CONSULTANTS FOR PROPERTY LOCATED
AT 2389 SALEM ROAD CONTAINING APPROXIMATELY 14.94
ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-
4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER AACRE.
BE IT ORDAINED BY THE CITY//OU<T CCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS: < / \'
Section 1: That the zone ch
property is hereby changed,as f
From R-A, Residential Agricultural`t(
Units Per Acre as shown in Exhibit "A'
Section 2. Thatx, e,of ici,
Arkansas, is hereby; ended
Section I above,
of theefollowina described
RSF,4,- Residential Single -Family, 4
attached hereto and made a part hereof
ioni\\p of the City of Fayetteville,
reflect the oz ning change provided in
PASSED AND'APPROVED this day of 12004,
By:
DAN COODY, Mayor
ATTEST:
By: v/
Sondra Smith, City�Clerk
•
EXHIBIT "A"
RZN 04-1219
PART OF THE SOUTHEAST %4 OF THE SOUTHEAST %J OF SECTION 31, TOWNSHIP
17 NORTH, RANGE 30 WEST; ALSO PART OF THE SOUTHWEST '/4 OF THE
SOUTHWEST'''A OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST; ALSO
PART OF THE FRACTIONAL NORTHWEST '/< OF SECTION 6, TOWNSHIP 16
NORTH, RANGE 30 WEST, ALL IN WASHINGTON COUNTY ARKANSAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLL/WS�
BEGINNING AT THE SOUTHWEST CORNER/OF SAID SECTION 32; THENCE
ALONG THE WEST LINE OF SAID SW'/4;OF SECTION 32 NO2°00'33 E\8 82 FEET;
THENCE DEPARTING SAID WEST LINE N88035i`/"W 39.90 FEET; THENCE
N04018'37"E 320.74 FEET; THENCE.S87°51'7"E 27.01FEET TO SAID WEST LINE OF
THE SOUTHWEST''/< OF SECTION \ \ HENCE S87°37 4,1" \96l 34 FEET; THENCE
S02011'22"W 210.00 FEET; THENCE S87°37'41"E 360.02 FEET TO THE EAST LINE
OF SAID SW '/a OF THE -SW %4 OF SECTION/32; THENCE ALONG SAID EAST LINE
S0201 I'22"W 1�:82\FEET`THE SOUTHEAST CORNER OF SAID SW %< OF THE
SW '/< OF SECTION,\;\HEJNCjjjjjjE ALONG THE -SOUTH LINE OF SAID S W '/< OF THE
SW '/a OF SECTION 32 N87037;41"W 2&71 FEET; THENCE DEPARTING SAID
SOUT 'LINE�SO\39\ 5"W\ 65.34 FEET; THENCE N87°37'41"W 780.43 FEET;
THENCE N05048527' \3 66.00 FEET TO THE SOUTH LINE OF SAID SW '/4 OF THE
SW '/< OF'SE TION 32; THENCE ALONG SAID SOUTH LINE N87°37'41"W 531.30
FEET TO THETOINT F BEGINNING, CONTAINING 14.94 ACRES, MORE OR LESS,
AND BEING SU\ EC/TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF
RECORD OR FACT.
-1 •
a e .I le
y ARKANSAS
PC Meeting of October 11, 2004
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Associate Planner
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: October 05, 2004
RZN 04-1219: Rezoning (HANCOCK/WILSON, 323): Submitted by PROJECT DESIGN
CONSULTANTS, INC for property located at 2389 SALEM ROAD. The property is zoned R-
A. RESIDENTIAL -AGRICULTURAL and contains approximately 14.94 acres. The request is
to rezone the subject property to RSF-4, Residential Single-family, 4 units per acre.
Property Owner: H.E. & HYE C. WILSON Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends rezoning of subject property to RSF-4, Residential Single Family — 4
units per acre, based on findings found herein:
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: October 11, 2004
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: November 02, 2004 (lst reading if recommended)
BACKGROUND:
Property description: The 14.94-acre subject property is located between Rupple Rd. and Salem
Rd. with access to each street. A portion of the property was located within an island of County
property until August of 2004 at which time the City Council passed an ordinance to incorporate
all County islands. In conjunction with annexation of these properties, a majority were zoned
RSF-1. As a result, the portion of the subject property annexed by ordinance is zoned RSF-1 and
the portion previously existing within the City limits is within the R-A, Residential Agriculture,
zoning district.
Request: The applicant is requesting the property be rezoned from R-A, Residential Agricultural,
and RSF-I, Residential Single Family — 1 unit per acre, to, Residential Single Family — 4 units
per acre.
K:IReportsp0041PCReportsV0-11-041RZN04-1219(flana k_Wlson).do
Recommendation: Staff recommends approval of rezoning the subject property RSF-4 based on
the findings included herein.
SURROUNDING LAND USE AND ZONING
Direction
Land Use
Zoning
North
Salem Heights (under construction) & an
existing single family home on a lar a lot
RSF-4, Res. Single-family, 4 units/acre
RSF-I, Res. Sin le-famil , 1 unit/nere
South
Vacant Fields
R-A, Residential Agriculture
East
Single family residential on laze lots
R-A, Residential Agriculture
West
Clabber Creek Subdivision Phase 1
RSF-4, Res. Single-family, 4 units/acre
P-1, Institutional
INFRASTRUCTURE:
Streets: Currently the site has access to Salem Road. At the time of development, this
street will need to be brought up to current standards along the property frontage.
These improvements will include pavement, curb and gutter, storm drainage and
sidewalks.
Surrounding Master Street Plan Streets:
North: Morning Mist Dr. (Collector)
South: Mount Comfort Rd. (Minor Arterial)
East: Salem Road (Collector)
West: Rupple Road (Minor Arterial)
Water: The property has access to an 8" water main along Salem Road along the east side
of this property. This main should be sufficient to provide service to most
developments that could occur on the site. An extension of the water main will be
required to provide water supply and fire protection within any development on
this property.
Sewer: The site currently has the ability to access sanitary sewer. An off -site sewer main
extension will be required to serve this development. The nearest sewer main is an
8" main to the north in Salem Heights Subdivision.
Fire: The subject property is located 1.7 miles from the Fire Station #7. Response time
to the property is approximately 4-5 minutes and an estimated 4-5 minutes
response time at maximum build -out.
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 or create and appreciable increase in traffic danger and
congestion in the area.
K.lReporb12004PCReporaV0-11-04PZ(VO4-1219(Hano k_Wilson).do
LAND USE PLAN: General Plan 2020 designates the site as Residential.
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 Future Land Use map designates the subject property as Residential.
The proposed zoning for a single family residential subdivision is consistent
with the future land use map and existing zoning and density of the
surrounding subdivisions to the north and west of the subject property. A
majority of the lots within Clabber Creek Subdivision Phase I are developed
to the west of the property and the development of Salem Heights has been
approved to the north of the property. These subdivisions are zoned RSF-4
and approved, at 2.68 and 2.9 units per acre respectively. Development of
this property at 4 units per acre will be consistent with the development of
City property in this area.
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. Construction or improvement of
street infrastructure required by the Master Street Plan and through the site
shall be considered at the time of development.
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 higher
density than the R-A and RSF-1 zoning districts will allow for development
with density appropriate in this area, and would provide compatibility with
the adjoining and surrounding developments.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The police department has determined the proposed density will not
substantially alter the population density to create an undesirable affect on
services.
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.
K:IReporul2004NC Reporull0-11-04VZZN 04-1219 (Hann ck_il rlson).doc
Finding: The approximately 14.94-acre tract is currently developed for two single-
family residential dwellings and associated accessory structures. Rezoning
the property to the proposed RSF-4 zoning designation will increase the
density of potential development.
The following is a review of available services:
Engineering — The property has access to an 8" water main along Salem Road along the
east side of this property and should be sufficient to provide service to most
developments that could occur on the site. An extension of the water main
will be required to provide water supply and fire protection within any
development on this property. There is currently access to sanitary sewer.
An off -site sewer main extension will be required to serve this development.
The nearest sewer main is an 8" main to the north in Salem Heights
Subdivision. Currently the site has access to Salem Road. At the time of
development, this street will need to be brought up to current standards
along the property frontage. These improvements will include pavement,
curb and gutter, storm drainage and sidewalks.
Fire - The subject property is located 1.7 miles from the Fire Station #7. Response
time to the property is approximately 4-5 minutes and an estimated 4-5
minutes response time at maximum build -out.
Police - The police department does not feel this rezoning request would undesirably
increase the load on police services or create and appreciable increase in
traffic danger and congestion in the area.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning
even though there are reasons under b (1) through (4) above why
the proposed zoning is not desirable.
Finding: N/A
K.,Wporu1d0041PC ReporaU0-11-041RZV 04-1219 plans k_ rzlson).doc
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) Permuteduses.
Ci -wide uses b right
Public protection and utilityfacilities
Agriculture
rUnit8
Animal husbandry
Sin le-famil dwellin s
Two-famil dwellin s
37
Manufactured homes
(2) Cnnditinnal ucec.
Unit 2
City-wide uses by conditional use rmit
Unit 4
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 I One-half -
(D) Bulk and area regulations.
Lot width minimum
200 ft.
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwelling unit
2 acres
(F.) Rethnrk renuiremontc
Front
Side
Rear
11 35 ft.
20 ft.
35 ft.
(F) Height requirements. There shall be no
maximum height limits in the A-1 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.
K:IReporuU0041PCReporrall0-11-04VlZN04-1219(Hana k_lfrlson).dac
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
Unit 1 Single-family dwelling -
11
(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 occupations
Unit 36
Wireless communications facilities
(C) Density.
Single-family
dwellin s
Two-family
dwellings
Units er acre
1 4 or less
7 or less
(D) Bulk and area regulations.
Single-family
dwellings
Two-family
dwellincls
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.
11IFF—ront
Side
Rear
25 ft.
8 ft.
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.
FAY: fftVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
October 4, 2004
Dawn Warrick
Zoning and Development Director
City of Fayetteville
1.13 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Warrick,
4kECEIVED
OCT 0 5 2004
PLANNING DIV,
POLICE DEPARTMENT
This document is in response to the request for a determination of whether the proposed
Rezoning RZN 04-1219 (Hancock/Wilson, 323) submitted by Project Design
Consultants, INC. for Property located at 2389 Salem Road 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.
NOTE: Individually, each of these annexations and rezonings do not necessarily
substantially alter the population density, not 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.
Sincerely,
Lieutenant Willi town
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: 479-5873555 FAX: 479-5873522
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09-02-'04 09:47 FROM-r-rcmti Consultants 4792481462 i • T-266 P02/02 U-510
PROJECT DESIGN CONSULTANTS, INC.
September 2, 2004
City of Fayetteville
Planning Department
125 West Mountain
Fayetteville, AR 72701
Attn: Mr. Jeremy Pate
RE: Rezoning of property located at 2389 Salem Rd,
Fayetteville, AR 72703
Dear Mr. Pate:
The subject property mentioned above is currently owned by Hugh Ellis & Hye C.
Wilson. Jr. The property is being purchased by Mr. Rick Hancock. Currently,
the property is zoned RA and RSF-1. We propose to rezone the property to RSF-
4. This zoning change will relate better to the surrounding property uses;
Gabber Creek Subdivision to the west and multiple subdivisions to the north with
the RSF-4 zoning. It will have similar land usage and traffic counts; the
appearance will blend better and there is no signage proposed as yet. The
availability of water (provided by the City of. Fayetteville) is an 8" Water line,
located east of the property along Salem Road; the availability of sewer
(provided by the City of Fayetteville) is an 8" Sewer Line along the east side of
the property along Salem Road.
If you have any further questions, please contact me at 479-248-1161.
Sincerely,
N. Arthur Scott, PE
President
130 N. MAIN • CAVE SPRINGS, AR 72718
PHONE: 479-248-1161 • FAX: 479-248-1462
0
SEP 01 2004
)
RZN0 d�s9 HANCOCKMILSON
.:
;; 1t RSF-4 RS4 RSFA '
RSF-0
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Overview
Streets
'\.. Existing
Planned
Boundary
\� Planning Area
op00000
o Overlay District
Outside City
Master Street Plan
Freeway/Expressway
Principal Arterial
#'%.o Minor Arterial
0�r Collector
66% . Historic Collector
0 200 400 800 1,200 1,600
Feet
STAFF REAM FORM - NON -FINANCIAL OBLOTION
x AGENDA REQUEST
For the Fayetteville City Council Meeting of:
FROM
Dawn T. Warrick
Planning
Division
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
November 2, 2004
CP&E
Department
RZN 04-1219 was submitted by Project Design Consultants for property located at 2389 Salem Road
containing approximately 14.94 acres, more or less. The request is to rezone the subject property from R-A to
RSF-4, Residential Single Family, four units per acre.
STAFF RECOMMENDATION: Approval.
Received in Mayor's Office
Division Head Date
y Attorney Date
-15=0 y Cross Reference:
Department Director Date
A"r � l'-•`r
Finance & Internal Services Dir. Date
�/ y
Date
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ir MD.
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
New Item:
IG-15•'
Date
Yes No
Planning Commission
October 25, 2004
Page 11
RZN 04-1219: Rezoning (IIANCOCKIWILSON, 323): Submitted by PROJECT
DESIGN CONSULTANTS, INC for property located. at 2389 SALEM ROAD. The
Property is zoned R-A, RESIDENTIAL -AGRICULTURAL AND RSF-1,
RESIDENTIAL SINGLE FAMILY - I UNIT PER ACRE, and contains approximately
14.94 acres. The request is to rezone the subject property to RSFA, Residential Single-
family, 4 units per acre_
Ostner: Our, next item is a rezoning again, RZN 04-1219, Rezoning for Hancock
and Wilson -
Warrick: This property is generally located at 2389 Salem Road. As you can see on
the map information towards the back your section, this property spans
between Rupple Road .and Salem Road. For context, it is south of the
Salem Heights development, which has been approved for Preliminary
Plat. That Salem Heights development is south of Salem Village. Salem
Village is south of Salem Meadows. So basically working from south to
north, you would be looking at the subject property, Salem Heights, Salem
Village, Salem Meadows. And I mention that because the three
developments to the north are single family residential in zoning as well as
land use. Property to the west does contain the Holt Middle School
well as the Clabber. Creek single famil, as
y development. This subject
Property contains just under 15 acres. This property, at least a portion of
1 this property was brought into the City limits through the annexation of
islands action by the City Council back in July. And the applicant is now
requesting to rezone the subject property to RSF-4. The property is
designated residential on the future land use map_ As 1 mentioned,'
surrounding properties are primarily single family in nature. All are
currently zoned RSFA, RSF-I, or R-A, Residential Agricultural with
regard to the surrounding properties. There is access to water, the site
does have the ability to provide access to sanitary sewer. Response time
for fire is between four and five minutes. The Police report that this
rezoning would not substantially alter the population density, thereby
increasing the land on police services, and 1 think I mentioned that the
Property is designated residential on the general plan. We believe that this
zoning designation is consistent with land use planning policies as well as
surrounding developments. The developments that I mentioned as far as
Clabber Creek and Salem Heights, surrounding approved subdivisions,
they are also zoned RSF-4, however, the densities that are being
developed on those properties range between 2.5 to 2.9 units per acre,
which we see is relatively consistent once you install the necessary
infrastructure, streets, detention, and other Tree Preservation and areas that
are just on -developable. Based on the findings and the staff reports,.staff is recommending in favor of this rezoning from RSF-I and R-A to RSF-4.
Ostner: Thank you. Is the applicant present? If you could introduce yourself and
give us your presentation.
Planning Commission
October 25, 2004
Page 12
Scott: Yes, my name is Brian Scott, I'm with Project.Design Consultants. I'm
representing the Wilsons. And if you have any questions, I'd be glad to
take them.
Ostner: Thank you. At this point, I'll open it up to the public_ Would anyone like
to speak about this RZN 04-1219. Seeing none, I'll close it to the public
and bring it back to the Commission. My first question is.for engineering
staff. We have a memo in our packet pertaining to a bridge assessment. If
you'd like to elaborate about that.
O'Neal: This parcel is in the bridge assessment area for the Rupple Road Bridge.
And the memo is. just reflecting what percentage of trips should be
assessed to that bridge.
Ostner: Thank you. That's my only comment.
MOTION:
Shackelford: As I look at this,I agree with staff's comments and finding of.fact, I think
that this is, in line with the 2020 plan, so I'm going to make a motion that
we forward with request for approval RZN 04-1219.
Ostner: Thank you, I have a motion. Dot have a second?
Tmmbo: Second.
Ostner:. A motion by Mr. Shackelford, a second by Commissioner Tnunbo. Is
there further discussion? Could you call the roll?
Roll Call: Upon completion of roll call, the motion to approve RZN 04-1219 was
approved by a vote of 8-0-0.
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FAYETTENALLE 4
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
Fax: (479) 718-7695
DEPARTMENTAL CORRESPONDENCE city_clerk@c i.fayettevi I le.a r. us
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: November 9, 2004
Re: Ordinance No. 4633
The City Council approved an ordinance November 1, 2004, rezoning petition RZN 04-
1219 for property located at 2389 Salem Road. I have attached a copy of that
ordinance.
This ordinance will be recorded in the city clerk's office and microfilm. If anything else is
needed please let the clerk's office know.
Thanks.
/cbp
attachments
cc: John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
NORTHWOST ARKANSAS B*MON
AFFIDAVIT OF PUBLICATION
I, do solemnly swear that I am
LegAl 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:
Cv tdtltdAN� 4(6,�5 3 was inserted in the regular editions on
Nn Lp n( (SOY , il ►, 9M4 .
** Publication Charge: $ Ij 9.3')
Subsc`rlri�bed and sworn to befor Nme thi�s� )
1 ( day of Q/�iiv yam! 2004.
— 4L �
Notary Public
� Catherine Sall
My Commission: Expire :Nottnytlublic Stat�eorArkansas ;
Washington County «<
MY Commission Expires 02/27/05 )<
c cttcc ccccu cc cccccccttc c cccccc cc<1�
" Please do not pay from Affidavit.
An invoice will be sent.
RECEI1/FD
unv C 7n04
212 NORTH EAST AVENUE • P.O. BOX 1607 0
FAYETTEVILLE, ARKANSAS 72-702 P (501.)_442,-1700_=,
•
9 NO. 4111413
NING THAT PROPERTYryevPETITIONRZN0,- IIASIESIGN CONSULTANTS FOR
2389 SALEM ROAD CON-
14.94 ACRES FROM R-A,
IAL AND RSF-I, RESIDEN
1NIT PER ACRE. TO RSF-4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS
86 If ORDAINED DY T10 CTIY COUNCUL OF TNI9 CITY OF PAY8TT61RLLE, ARKANSA9t
Section 1: TrW ate Zane CULS"MUM of the fo i tleSCrlbee I b hNebY 0en9ocl as blows:
Fran R-A, Resltlentlal AgrIplluel and RSF-1, Residential $ogle Famfiy. One unt Per am, to RSF4,
ResldenRel Si gle-Famfiy 4 Units Per Acre ea shown In EonUt -A- eflacited hereto R,c oracle a Pent
hereof.
Section 2: That the official zoning meP of the City of Feyeftme. Nkansee,
the zaNrg change Mwklad In Section 1 above.
PASSED OW APPROVED Ytb tat clay of November, 2004.
EXHIBIT 'A'
RZN 04-1219
PART OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 17 NORTH,
RANGE 30 WEST: ALSO PART OF THE SOUTHWEST I/4 OF THE SOUTHWEST I/4 OF SECTION 32,
TOWNSHIP 17 NORTH, RANGE 30 WEST, ALSO PART OF THE FRACTIONAL NORTHWEST 1/4 OF
SECTION 6, TOWNSHIP 16 NORTH, RANGE 30 WEST, ALL IN WASHINGTON COUNTY, ARKANSAS.
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE ALONG THI
OF SAID SW 114 OF SECTION 32 NO2°00'33-E 8.82 FEET, THENCE DEPARTING SAID
NBB'35'27-W 39.90 FEET; THENCE N04018'37-E 320.74 FEET THENCE S87'51'7'E 27
SAID WEST UNE OF THE SOUTHWEST 1/4 OF SECTION 32 THENCE 1387'37'41'E f
THENCE S02011'22'W 210.00 FEET, THENCE S87'37'41-E 360.02 FEET TO THE EAST L
SW 1/4 OF THE SW 1/4 OF SECTION 32; THENCE ALONG SAID EAST UNE S02°1 V
FEET TO THE SOUTHEAST CORNER OF SAID SW 114 OF THE SW 1/4 OF SECTION
ALONG THE SOUTH UNE OF SAID SW 1/4 OF THE SW 1/4 OF SECTION 32 NBT3T.
FEET; THENCE DEPARTNG SAID SOUTH UNE S02.39'25-W 365.34 FEET, THENCE h
780.43 FEET,, THENCE N05'48'27'E 366.00 FEET TO THE SOUTH UNE OF SAID SW 1/4