HomeMy WebLinkAboutOrdinance 46340�
11
ORDINANCE NO.4 6 3 4
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04-1221 AS SUBMITTED BY ED
AND PATRICIA SCOTT FOR PROPERTY LOCATED AT 3196
SKILLERN ROAD CONTAINING 2.01 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 l: 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
I above.
PASSED and APPROVED this Ist day of November, 2004.
By:
ATTEST:
By: \ y 4�� �U'FAYETTEVILLE'
SONDRA SMITH, City Clerk s;
IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Doc ID: 007927680002 Tvoe: REL
Recorded: 12/03/2004 at 11:24:47 AM
Fee Amt: $11.00 Pace 1 of 2
Mashlnoton Countv. AR
Bette Stamps Circuit Clerk
Flle2004-00049493
EXHIBIT "A"
RZN 04-1221
PART OF THE EAST HALF (El/2) OF THE FRACTIONAL NORTHWEST QUARTER
(FRL.NWI/4) OF SECTION THIRTY ONE (31). TOWNSHIP SEVENTEEN (17)
NORTH, RANGE TWENTY NINE (29) WEST, BEING MORE PARTICILARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF
THE NORTHEAST QUARTER (NEl/4) OF THE FRACTIONAL NORTHWEST
QUARTER (FRL.NWI/4) OF SAID SECTION THIRTY ONE (31); THENCE WEST
ALONG THE SOUTH LINE OF SAID 40 ACRE TRACT 375.20 FEET TO THE TRUE
POINT OF BEGINNING AND FROM WHICH A REFERENCE IRON SET ON THE
NORTH RIGHT OF WAY OF SKILLERN ROAD BEARS N00°00'31"W 30.01 FEET;
THENCE LEAVING THE SOUTH LINE OF SAID 40 ACRE TRACT N00000131"W
620.80 FEET TO A SET IRON; THENCE WEST 140.80 FEET TO A SET IRON;
THENCE S00000131"E 620.80 FEET TO THE SOUTH LINE OF SAID 40 ACRE TRACT
AND FROM WHICH A REFERENCE IRON SET ON THE NORTH RIGHT OF WAY OF
SKILLERN ROAD BEARS N0000033I "W 28.54 FEET; THENCE EAST 140.80 FEET TO
THE POINT OF BEGINNING, CONTAINING 2.01 ACRES, MORE OR LESS,
WASHINGTON COUNTY, ARKANSAS.
0
Washington County, AR
I certify this instrument was filed on
12/03/2004 11:24:47 AM
and recorded in Real Estate
File Number 2004-00049493
Bee tamps -Circuit Clerk
by
0 0
NAME OF FILE: Ordinance No. 4634
w/Ex. A
CROSS REFERENCE:
Item # Date Document
1 10/14/04 memo to mayor & City Council
2 draft ordinance
3 memo to Planning Commission
4 copy of rezoning request
5 copy of Future Land Use
6 copy of One Mile View
7 copy of Close Up View
8 Staff Review Form
9 copy of Planning Commission minutes
10 memo to Dawn Warrick
11 Affidavit of Publication
12
13
14
15
16
17
18
19
20
21
22
23
24
25
NOTES:
12/3/04 filed at Wash. Co. Circuit Clerk office
E
E
09, P
1111161
'{63(/
CITY COUNCIL AGENDA MEMO
f?ZN ael' /Z Z.I
To: Mayor and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director///,� _
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
Date: October 14, 2004
Subject: Rezoning request for Scott (RZN 04-1221)
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approxiamately 2.01 acres
of property located at 3196 E. Skillern Road from R-A, Residential Agricultural, to RSF-
4, Residential Single Family 4 units per acre.
BACKGROUND
The subject property contains approximately 2.01 acres located north of Skillern Road
and east of Crossover Road. The property currently has a single-family residence located
on it. The surrounding properties consist of large single family tracts and some
agricultural tracts.
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 scheduled 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.
BUDGETIMPACT
None.
0 •
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04-1221 AS SUBMITTED BY ED
AND PATRICIA SCOTT FOR PROPERTY LOCATED AT 3196
SKILLERN ROAD CONTAINING APPROXIMATELY 2.01
ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-
4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS,PER`QCRE.
BE IT ORDAINED BY THE CITY
FAYETTEVILLE, ARKANSAS:
Section 1: That the zone
property is hereby changed4
From R-A, Residential Agricultural`ti
Units Per Acre as shown in Exhibit "A"
PASSED
ATTEST:
By:
Sondra Smith,
Section 2. TI
Arkansas, is her
Section 1 above.
this
By:
reflect
OF THE CITY OF
of the\followine described
Residential Sinkle-Family, .4
hereto and made a part hereof.
of the City of Fayetteville,
zoning change provided in
day of , 2004,
DAN COODY, Mayor
0 i
EXHIBIT "A"
RZN 04-1221
PART OF THE EAST HALF (E'/2) OF THE FRACTIONAL NORTHWEST QUARTER
(FRL.N W '/4) OF SECTION THIRTY ONE (31), TOWNSHIP SEVENTEEN (17) NORTH,
RANGE TWENTY NINE (29) WEST, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER THE NORTHEAST
QUARTER (NE'/4) OF THE FRACTIONAL NORTHWEST QUARTER (FRL.NW'/4) OF
SAID SECTION THIRTY ONE (31); THENCE WEST L NG\THE SOUTH LINE OF
SAID 40 ACRE TRACT 375.20 FEET TO THE TRRUE POINT OF BEGINNING AND
FROM WHICH A REFERENCE IRON SET ON THE NORTH RIGHTOF WAY OF
SKILLERN ROAD BEARS N00000'31"W 30:FFEET, THENCE LEAVING THE
SOUTH LINE OF SAID 40 ACRE TRACT N00000 l 620 80 FEET TO A SET IRON;
THENCE WEST 140.80.FEET TO AGSET IRON; THENCE S00°00'31 "E 620.80 FEET TO
THE SOUTH LINE OF SAID 40 ACRE TRACT.AND FROM WHICH A REFERENCE
IRON SET ON THE NORTH RIGHT\OF WAY OF SKILLERN ROAD BEARS
N00000'31"W 28�� E\;NTHENCE\E\\ F 14 80 FEET TO THE POINT OF
BEGINNING, CONTAINING 2.01 ACRES, MORE OR LESS, WASHINGTON COUNTY,
ARKANSAS. �\ ) 4� F
•
FAYETTEVILLE
THE CITY OF FAYETTEVILLE; ARKANSAS
PC Meeting of October 11, 2004
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Leif Olson, Associate Planner
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: October 5, 2004
RZN 04-1221: Rezoning (Scott, 255): Submitted by ED AND PATRICIA SCOTT for property
located at 3196 SKILLERN ROAD. The property is zoned R-A, Residential Agriculture, and
contains approximately 2.01 acres. The request is to rezone the subject property from R-A,
Residential Agricultural, to RSF-4, Residential Single-family, 4 units per acre.
Property Owner: ED AND PATRICIA SCOTT Planner: LEIF OLSON
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
PLANNING COMMISSION ACTION: Required YES
Approved ❑ Denied
Date: October 11, 2004
CITY COUNCIL ACTION: Required YES
Approved ❑ Denied
Date: November 02, 2004
Property description: The subject property contains approximately 2.01 acres located north of
Skillern Road and east of Crossover Road. The property currently has a single-family residence
located on it. The surrounding properties consist of large single family tracts and some
agricultural tracts.
Proposal: The applicant's intent is to build a pergola on the east side of the house. The pergola
would provide covered parking for cars and access to the back yard. The house layout, septic
tank and lateral field locations to the north and west of the existing dwelling do not allow for the
addition of a garage in these locations. Under the current R-A zoning designation the side
building setback line on the east side of this property is 20 feet. The applicants proposal to
rezone the property RSF-4 would allow for a 8 foot building setback, which would allow for the
K:\Reports\2004\PC Reports\I0-11-04\RZN 04-1221 (Scott).doc
10
construction of the proposed pergola.
Request: The
applicant is requesting
the property be
rezoned
from R-A, Residential
Agricultural, to
RSF-4, Residential Single
Family, 4 dwelling
units per
acre.
Public Comment: Staff has received no comments from nearby property owners concerning this
project.
Recommendation: Staff recommends approval of the rezoning request based on the findings
included in the staff report. Future development on this site will be regulated by the City to
ensure adequate services, infrastructure, connectivity and consistent development within the
surrounding area.
SURROUNDING LAND USE AND ZONING
Direction
Land Use
Zoning
North
Single
family residential
R-A, Residential Agriculture
South
Single
family residential
R-A, Residential Agriculture
East
Single
family residential
R-A, Residential Agriculture
West
Single
family residential
RSF-4, Residential
Single Family, 4 units/acre
INFRASTRUCTURE:
Streets: Currently the site has access to Highway 265 via Skillem Road/Old Wire Road.
At the time of future 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.
Water: The site currently does have access to public water. However, an off -site water
main extension will be required to provide water supply and fire protection within any
development on this property. The nearest water main is an 8" main to the south in
Brookbury Woods Subdivision.
Sewer: The site currently does not have access to sanitary sewer. An off -site sewer main
extension will be required at the time of development. The nearest sewer main is an 8" main
to the south in Brookbury Woods Subdivision. A capacity analysis may need to be
conducted to verify line capacity before the extension will be allowed.
Fire: The subject property is located 2.60 miles from Fire Station #5. Normal driving
time is approximately six minutes.
Police: It is the opinion of the Fayetteville Police Department that this annexation will
not substantially alter the population density and thereby undesirably increase the
K:\Reports\2004\PC Reports\10-II-04\RZN 04-1221(Scou).doc
load on police services.
LAND USE PLAN: The General Plan 2020 designates the site as Residential. Rezoning this
property to RSF-4 is compatible with surrounding land uses in the area.
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The proposed zoning for RSF-4, Residential single family, four units per
acre, is consistent with the future land use map and existing zoning and
density of the surrounding properties.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is justified in order to promote orderly and consistent
development patterns making use of existing infrastructure. A higher
density than the R-A zoning district allows for development with density
appropriate in this area, and would provide compatibility with the adjoining
and surrounding approved developments. The R-A zoning district requires
more stringent setbacks and a larger lot frontage that would prohibit the
requested additions to be erected without a variance on the subject tract.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the subject 2.01 acre tract to RSF-4, Residential Single Family,
four units per acre would not appreciably increase traffic danger and
congestion. Any plans for a new subdivision would be required to provide
adequate infrastructure and street improvements at the time of Preliminary
Plat.
4. A determination as to whether the proposed zoning would alter the population density
and thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The police department has determined the proposed density will not
substantially alter the population density and create an undesirable affect on
services. The approximately 2.01 acre tract under an R-A, Residential
Agricultural designation allows for a maximum of 2 dwelling units (1 per 2
acres). With the proposed RSF-4 designation, 8 dwelling units would be
permitted. This increases the possible number of residential units, yet is
K:\Reports\2004\PC Reports\10-11-04\RZN 04-1221 (Scott).doc
l• •
consistent with land use and zoning within the City of Fayetteville and
developing areas to the east.
Engineering - The property has access to a 4" water main on the south side of this
property along (Skillern Road). However, an off -site water main extension will be required
to provide water supply and fire protection within any development on this property. The
nearest water main is an 8" main to the south in Brookbury Woods Subdivision.
The site currently does not have access to sanitary sewer. An off -site sewer main extension
will be required at the time of development. The nearest sewer main is an 8" main to the
south in Brookbury Woods Subdivision. A capacity analysis may need to be conducted to
verify line capacity before the extension will be allowed.
Currently the site has access to Highway 265 via Skillern Road/Old Wire 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 2.60 miles from Fire Station #5. Normal
driving time is approximately six minutes.
Police - It is the opinion of the Fayetteville Police Department that this annexation
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.
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:\Reports\2004\PC Reports\10-11-04\RZN 04-1221 (Scott).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) Permitted uses.
Unit 1
City-wide uses by right
Unit 3
Public pmtection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit
Two-family dwellings
Unit 37
Manufactured homes
(2) Conditional uses.
Unit 2
1 City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occupations
Unit 36
1 Wireless communications facilities
C Density.
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 Er dwelling unit
2 acres
(E) Setback requirements.
Front
Side
Rear
35 ft.
20 ft.
li 35 R.
(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.
161.07 District RSF-4, 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.
K:\Reports\2004\PC Reports\ 10-1 1-04\RZN 04-1221 (Scott).doc
1
Ci
-wide uses b right
iUnit
ll Unit 8
Sin
le-famil 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 occupations
Unit 36
Wireless communications facilities
(C) Density.
Single-family
flings
TwoIfamily
dwellin s
Units er acre
4 or less
7 or less
(D) Bulk and area regulations.
Single-family
dwellings
I Two-family
I dwellin s
Lot minimum width
70 R.
80 R.
Lot area minimum
8,006 s . R.
12,000 sq. R.
Land area per
dwelling unit
8,000 sq. R.
6,000 sq. R.
(E) Setback requirements.
11 Front
Side
Rear
11 25 R.
8 R.
20 R.
(F) Height. None.
(G)
Building area.
On any lot the area occupied
by all
buildings shall not exceed 40% of the total area of
such lot.
(Code 1991, § 160.03 1: Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99)
K:\Reports\2004\PC Reports\10-11-04\RZN 04-1221 (Scott).doc
4•
0
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) Permitted uses.
Unit 1
Ci -wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit
Single-family dwellings
Unit
Two-family dwellings
Unit 37
Manufactured homes
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 20
Commercial recreation, Inge sites
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density,
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 per dwelling unit
2 acres
(E) Setback requirements.
Front
Side
Rear
35 ft.
1 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.
161.07 District RSF-4, Residential Single -Family — Four Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low
density detached dwellings in suitable environments, as well as. to protect existing development of
these types.
(B) Uses.
(1) Permitted uses.
Unit 1 Ci -wide uses by right
Unit 8 Single-famil 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 occupations
Unit 36
Wireless communications facilities
(C) Density.
Single-family
dwellings
Two-family
dwellings
Units er acre
4 or less
7 or less
(D) Bulk and area regulations.
Single-family
dwellings
Two-family
dwellings
Lot minimum width
70 ft.
80 ft.
Lot area minimum
8,000 sq. ft.
12,000 sq. ft.
Land area per
dwelling unit
8,000 sq. ft.
6,000 sq. ft.
(E) Setback requirements.
Front
Side
1 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.
(Code 1991, § 160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99)
FAYE �'tEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
October 4, 2004
Dawn Warrick
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Warrick,
?SECEIVED
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 04-1221 (Scott, 255) submitted by Ed and Patricia Scott for Property
located at 3196 Skillern 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 rezonings does 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.
Sincerely,
,!
Giieutenant William Brown
Fayetteville Police Department
FAYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701
P.O. BOX 1988 JAIL: 140-A WEST ROCK STREET. 72701
FAYETTEVILLE, ARKANSAS 72702-1988 PHONE: 479-587-3555 FAX: 479-587-3522
City of Fayetteville, Arkansas
Rezoning request for 31% E. Skillern Road
Owners: Milton E. Scott and Patricia A. Scott
1. Description of the request for rezoning the property of 3196
E. Skillern Road.
a. Milton E. and Patricia A. Scott currently own this
piece of property and with no intent to sell at this
time.
b. The reason for the request is to change the zoning in
order to build a pergola, a structure with a roof and
supports, on the east side of the house. This is to
provide covered parking for cars and access to the
back yard. The house layout and the septic tank with
drain field disallow the addition of a garage on the
west or north sides of the house. The current zoning is
R-A prohibits a structure being closer than 20 feet to
the property line. With the addition to the main
structure the property line would be 10 feet away.
c. The property to the west is RSF4; houses to the
north, east, and south, there is a subdivision to the
southwest; Skillern Road is 2 lanes; the neighboring
area north, east, south and west, is made up of single
family dwellings on 2 to 5 acres.
d. The availability of city water is in the south or front of
the house. There is no availability of city sewer. There
is a septic tank in the north or back yard.
2. Specific finding regarding this application:
a. The degree to which the proposed zoning is consistent
with land use, to the west the properties are in the
RSF4 zone. To the north, east and south are in RA
zone.
191
SEP 0 2 2004
M,
b. Due to the lack of adequate space, septic system with
drain fields, and the positioning of the house on the
lot, making additional covered parking is limited.
c. The proposed zoning will not create or appreciably
increase traffic danger or congestion, due to the fact it
is providing a protective covering for a car.
d. The proposed zoning will not alter the population
density nor increase the load on public services
including schools, water, and sewer facilities, it is a
open pergola.
e. The rezoning to RSF-4 allows a structure to be 8 feet
from the property line, in this case the structure
would be 10 feet from the property line.
RZN04-1221
Future Land Use
Overview Legend
Subject Property
-" RZN04-1221
0
Streets
''1i Existing
---/ Planned
0 75 150
SCOTT
Boundary
Planning Area
ono0a
00000 oo Overlay District
Outside Crty
rr
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Master Street Plan
4�y Freeway/Expressway
." ,,o Principal Arterial
^� Minor Arterial
�,. Collector
00%. Historic Collector
450 600
RZN04-1221
Close Up View
SCOTT
I I � 9ry
' >u
�Mt Jy p n
t L
I i 4•.
I I ® I t
i
I S
Iwit
k W
RA
® SUBJECT PROPERTY
In
1,
�
RSF-0 GN ;
t - a
x
0
S 'q
I I -
I I 'I
R-A RSF-4 mi _
I i 8I IRSF-4
I I l: it I I I
`,•` /RSF-4 I I ''
I I I III !
I
Overview Legend
®00
0o oo8 Overlay Dlstncl NANCESIF Artenal— FLOODWAY
".� Master Street Plan ® Minor Arterial — 100YEAR
Master Street Plan Cdlador --- Silt) YEAR
t FreewaylExpressway j 9 eap I4sbnc Collector-- LIMIT OF STUDY
RZN04-1221
_- F-71 Fayetteville
Outside City
!llfff J 0 75 150 300 450 600
Feet
STAFF REW FORM - NON -FINANCIAL OBLOTION
AGENDA REQUEST
For the Fayetteville City Council Meeting of: November 2, 2004
FROM:
Dawn T. Warrick
Name
Planning
Division
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
CP&E
Department
RZN 04-1221 was
submitted by
Ed and Patricia Scott for property located at 3196 E.
Skillem Road containing
approximately 2.01 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.
Division Head Date
Cit. rney Date
Department Director Date y
Finance & Internal Services Dir. Date
Date
6 za
Date
Received in Mayor's Office
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
New Item:
lo• 6.
Date
Yes No
Planning Commission
October 25, 1004
Page 9
RZN 04-1221: Rezoning (SCOTT, 255): Submitted by ED & PATRICIA SCOTT for
Property located at 3196 Skillem' Road. The property is zoned R-A, Residential
Agricultural and contains approximately 2.01 acres. The request is to rezone the subject
Property to RSF-4, Residential Single-family, four units per acre.
Ostner. The next item is RZN 04-1221 for Scott.
Warrick: This rezoning is for property located at 3196 Skillern Road. The property
is zoned R-A, Residential Agricultural and contains approximately 2,01
acres. The request is to rezone the subject property to RSF4, Residential
Single-family, four units per acme. The applicant would like to enhance
their development. It's a single family home, they would. like to provide a
covered parking area, as well as an entrance into their backyard in the
form of a pergola type structure. And the setback requirements in the R-A
zoning district are 20 foot on the sides, 35 feet in both the front and rear.
That's substantially larger of a setback than the RSF-4 district would
require, which would be 8 foot side setbacks. This particular property is:
in an area that immediately adjoins RSF4 zoning to the st and it is
north of the entrance to the Brookbury subdivision which iswealso zoned
RSF-4. It is, we believe that the proposed zoning, which is designated
residential in the future land use map, the proposed zoning is consistent
with the surrounding areas. It's consistent and appropriate for the existing
site. As I mentioned, this would not be a spot zoningas it is adjacent,
contiguous with additional area of property that's currently within RSF
-4 zoning district. And for those reasons and the findings stated in your
report, staff is recommending approval of the Rezoning of this property. All the surrounding land uses are -single-family residential under two
different zoning designations, as I mentioned, RSFA and R-A, Residential
Agricultural.
Ostner. Thank you. Is the applicant
PP present. If you'd like to step forward and
introduce yourself, give us your presentation.
Scott: Hi there, ladies and gentleman I'm Ed Scott, and we've checked with all
the neighbors, and they're very pleased, they don't see anything
detrimental to our proposal. I think the ladies like to call it a pergola; I
would call it a drive -through carport. So, anyway, so much for definitions.
I'll be glad to address any questions.
Ostner: Thank you. At this point, 1'11 Open it
ike
to speak to this issue, the rezoning of RZN 04-122) to the public. WSee Seeing none,ould anyonell 11
close it to the public and bring it back to the Commission.
Planning Commission
October 25, 2004
Page ]0
MOTION:
Clark: Call it a pergola, call it a drive -through carport, I'm going to move that we
approve RZN 04-1221.
Ostner: Thank you, I have a motion.
Shackelford:. Now that I know what a pergola is, I'll second.
Ostner: A second from Commissioner Shackelford. Is there further discussion?
Could you call the roll Suzanne?
Roll Calls Upon completion of the roll call, the motion to recommend approval of
RZN 04-1221 by the City Council was approved by a vote of 8-0-0.
FAYETTEILLE
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@ci.fayefteville.ar.us
To: Dawn Warrick
Planning Division �Q
From: Clarice Buffalohead-Pearman l'lr
City Clerk Division
Date: November 9, 2004
Re: Ordinance No. 4634
The City Council approved an ordinance November 1, 2004, rezoning petition RZN 04-
1221 for property located at 3196 Skillern 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
AFFIDAVIT OF PUBLICATION
I, do solemnly swear that I am
Leg I Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell, Arkansas, and that
from my own personal knowledge and reference to the files of said
publication, that advertisement of:
was inserted in the regular editions on
PO# 04 .'nRg ** Publication Charge: $ 11q.oq
Subscribed and sworn to before me this
day of �ili2 2004.
14 ORDINANCE NO.
�64 a dl-
Notary Public
(!!!!!!!(!!!!!!e!(!!!!!!(!!!!(!!!( eC
My Commissio ;;W Furlic. eS 71 ansas
>; WashingtonCounty
�, My CDrnmissiun $xpires (IM.lei r�
C(('CCCCCi'(
** Please do not pay from Affi a�Slf.
An invoice will be sent.
RECEIVED
Nov 15 W
C(Y OF FAYETTEVILLE
C!Ty CLFP.'RB CFGICE
AN ORDINANCE REZOREZONING
PETITION
THAT PROPERTY,1�-'
DESCRIBED IN RQONING PETITION RZN 04-' AS I
SUBMITTED BY ED AND PATRICIA SOOT
T FOR PROP-
ERTY LOCATED AT 3196 SKILLERN ROAD CONTAINING l
2.01 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL Ae KANSA l
TO RSF-4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS
PER ACRE
BE IT ORDAINED By THE CRY OMMOR. OP THE CITY OP PAVHTTH1RLLi, ARKANSAS:
SBCIbn 1: That the zone clowftal of the folonfrg desalbecl Property 0 hereby dw%W W foloM:
From R-A, Redde tbl A9rtcftml W RSF-4, RaSWentlal &)g*Fw*. 4 UNte Per Acre AS ahovn In
Eed it'A' etladNcl neNto eno meclv a Pert haoof.
Section 2: That fhe ofAdel zakg r of Inv Clty of Fayeneylo, Arkon . Is hereby ernanoao to renaof
PASSED and APPROVED 9Ys ten clay of Navemba, 2OD4.
APPROVED:
By:
DAN COODV, Mq
ATTEST:
By:
SONDRA SMITH, CRY Clark
EXHIBIT "A"
RZN N-1221
PART OF THE EAST HALF (El/2) OF THE FRACTIONAL NORTHWEST QUARTER
SECTION THIRTY ONE(31), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY
BEING MORE PARTICILARLY DESCRIBED AS FOLLOWS: COMMENCING AT T
212 NORTHEAST AVENUE • P.O. BOX 1607 •
OF BEGINNING,
72702 9 (501) 442-1700
