HomeMy WebLinkAboutOrdinance 4640ORDINANCE NO. 4640
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04-1223 AS SUBMITTED BY
TRACY HOSKINS FOR PROPERTY LOCATED AT 1719 NORTH
RUPPLE ROAD CONTAINING APPROXIMATELY 11.73 ACRES
FROM 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 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 16d' day of November, 2004.
;FAYETTEVILLE; E By:
ATTEST: %1,N f6N
By fl uI 'W w.) 8
SONDRA SMITH, City Clerk
I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Recorded; 102%03 20040atr11e26R31 AM
Fee Amt: $11.00 Pege 1 of 2 Weshlnoton County. AR
Bette SUMS Circuit Clerk
File2004_00049499
I
EXHIBIT "A"
BZN 04-1223
A PART OF THE S W '/4 OF THE SE'/4 OF SECTION 1, T-16-N, R-3I-W, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SW CORNER OF SAID 40 ACRE TRACT; THENCE
N00035950"W, 1074.45 FEET; THENCE EAST 430.20 FEET; THENCE SOUTH 1074.42
FEET; THENCE WEST 419.00 FEET TO THE POINT OF BEGINNING AND
CONTAINING 10.473 ACRES MORE OR LESS.
ALSO:
A PART OF THE S %2 OF THE SE'/<OF SECTION 1, T-16-N, R-31-W, WASHINGTON
COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SE CORNER OF THE S W '/4 OF THE SE'/4 OF SECTION 1, T-16-
N, R-31-W; THENCE WEST 901.00 FEET; THENCE NORTH 60.00 FEET; THENCE
EAST 925.85 FEET; THENCE S22°30'00"W, 64.94 FEET TO THE POINT OF
BEGINNING AND CONTAINING 1.258 ACRES, MORE OR LESS. SUBJECT TO A
PERPETUAL RIGHT OF WAY FOR INGRESS AND EGRESS AND UTILITIES.
Washington County, AR
I certify this Instrument was filed on
12/03/2004 11:26:31 AM
and recorded in Real Estate
File Number 2004-00049499
M.0% cfomne - Circuit Clerk
•
NAME OF FILE: Ordinance No. 4640
w/Ex. A
CROSS REFERENCE:
Item # Date Document
1
10/15/04
memo to mayor & City Council
2
draft ordinance
3
memo to Planning Commission
4
letter from Police Dept. to Dawn Warrick
5
copy of Ord. 4588 w/Ex. A
6
copy of Close Up View
7
copy of One Mile View
6
copy of Future Land Use
9
Staff Review Form
10
memo to Dawn Warrick
11
Affidavit of Publication
12
13
14
15
16
17
18
19
20
21
22
23
24
25
NOTES:
1213/04 filed at Wash. Co. Circuit Clerk office
City Council Meeting o0ovember 02, 2004
Agenda Item Number
CITY COUNCIL AGENDA MEMO /ZJIJ Dy-/A�2?q
Lc Ps
Mayor and City Council
Tim Conklin, Community Planning and Engineering Services Directot
Warrick, AICP, Zoning and Development Administrator
Rezoning request for Hoskins (RZN 04-1223)
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 11.73 acres
of property from RSF-1, Residential Single Family, 1 unit per acre to RSF-4, Residential
Single Family, 4 units per acre.
BACKGROUND
Property description: The subject property consists of approximately 11.73 acres that
was recently annexed as part of the City Council's decision to annex all unincorporated
areas surrounded by city limits (islands). The subject property was part of a 254-acre
unincorporated area along Rupple Road, north and south of Mt. Comfort Road. At the
time of annexation, this area was zoned primarily to RSF-1, Residential Single Family, 1
DU/Acre, the ordinance citing that the highest and best use of the lands in question were
not for agricultural or horticultural purposes. A portion of the island was zoned to R-A,
Residential Agricultural, primarily that which is still utilized for cattle grazing and other
agricultural purposes. The property is located east and south of -Bridgeport S/D, north and
west of existing large residential lots. Surrounding properties are zoned RSF-4 and RSF-1
and are developed, or being developed, as single residential homes. Bridgeport S/D Phase
VII is currently under construction to the north of the subject property, and is
constructing a street stub -out to access this property from the north.
Proposal: The applicant proposes a rezoning of the subject property to facilitate the
future development of a single family subdivision at a higher density than that allowed
within the RSF-1 zoning district.
Request. The request is to rezone the subject property from RSF-1, Residential Single
Family, 1 DU/Acre to RSF-4, Residential Single Family, 4 units per acre.
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
City Council Meeting o4ovember 02, 2004
Agenda Item Number
on November 02, 2004 with Council materials to be supplemented to include Final actions
by the Planning Commission.
BUDGETIMPACT
None.
•
AT'
By:
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04-1223 AS SUBMITTED BY
TRACY HOSKINS FOR PROPERTY LOCATED AT 1719 NORTH
RUPPLE ROAD CONTAINING APPROXIMATELY 11.73 ACRES
FROM RSF-1, RESIDENTIAL SINGLE FAMILY, ONE UNIT PER
ACRE TO RSF-4, RESIDENTIAL SINGLE FAMIPYNIOUR
UNITS PER ACRE. AW
BE IT ORDAINED BY THE
FAYETTEVILLE, ARKANSAS:
Section 1: That the
property is hereby chat
From RSF-1, Residential Single Fai
Residential Single -Family, 4 Units Per
hereto and made a part here f._
Section 2. That i
Arkansas, is hereby
PASSED AND A URC
Sondra Smith, City Clerk
OF THE CITY OF
of the
Unit Per Acre to RSF-4,
wn in Exhibit "A" attached
of the City of Fayetteville,
zoning change provided in
of , 2004.
By:
DAN COODY, Mayor
EXHIBIT "A"
RZN 04-1223
A PART OF THE SW '/4 OF THE SE'/4 OF SECTION 1, T-16-N7 R-31-W, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SW CORNER OF SAID 40 ACRE TRACT; THENCE
N00035'50"W, 1074.45 FEET; THENCE EAST430.20 FEET; THENCE SOUTH 1074.42
FEET; THENCE WEST 419.00 FEET TO THE POINT =0 BEGINNING AND
CONTAINING 10.473 ACRES MORE OR LESS. ��\
ALSO:
A PART OF THE S % OF THE SE %4 OF c
COUNTY, ARKANSAS, MORE P.AR
BEGINNING AT THE SE CORNER T
N, R-31-W; THENCE WEST 901.00 F)wI
EAST 925.85 FEET-" -THENCE S2203(
BEGINNING AND CONTAINING 1.258
PERPETUAL RIGHT OF WAY)FOR INC
CTION\I�T46`N, R-31-W, WASHINGTON
ULARLY`DESCRIBED AS FOLLOWS:
3 SW/4 OF THE SE'La.00 F SECTION 1, T-16-
THEN.0 NORT 60.00 FEET; THENCE
1017 64.9EET TO THE POINT OF
<'GRRES, MORE OR LESS. SUBJECT TO A
ES -AND EGRESS AND UTILITIES.
•
I•
7 ` e' ev1 le
ayAn KANSAS
TFIE CITY OF I'AYETTEVILLE. ARKANSAS
PC Meeting of October 11, 2004
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Senior Planner
Matt Casey, Staff Engineer
THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator
DATE: October 06, 2004
RZN 04-1223: Rezoning (TRACY HOSKINS, 361): Submitted by TRACY K. HOSKINS for
property located at 1719 N RUPPLE RD. The property is zoned RSF-1, SINGLE FAMILY - I
UNIVACRE and contains approximately 11.73 acres. The request is to rezone the subject
property to RSF-4, Residential Single-family, 4 units per acre.
Property Owner: TRACY K. HOSKINS Planner: JEREMY PATE
RECOMMENDATION:
Staff recommends approval of the requested rezoning, based on the findings included as
part of this report.
(PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
October.11,2004
COUNCIL ACTION: Required YES
O Approved O Denied
November 02, 2004 (191 reading if recommended)
Comments:
BACKGROUND:
Property description: The subject property
is currently a
large
agricultural field with several
residential and accessory structures located
upon it. The
11.73
acres was recently annexed as part
K*lRepora12004PCRepora110-11-041R7N 04-1223 (TR4CYH0SKINS).dm
r
of the City Council's decision to annex all unincorporated areas surrounded by city limits
(islands). The subject property was part of a 254-acre unincorporated area along Rupple Road,
north and south of Mt. Comfort Road. At the time of annexation, this area was zoned primarily to
RSF-1, Residential Single Family, 1 DU/Acre, the ordinance citing that the highest and best use
of the lands in question were not for agricultural or horticultural purposes. A portion of the island
was zoned to R-A, Residential Agricultural, primarily that which is still utilized for cattle grazing
and other agricultural purposes. The property is located east and south of Bridgeport S/D, north
and west of existing large residential lots. Surrounding properties are zoned RSF-4 and RSF-1
and are developed, or being developed, as single residential homes. Bridgeport S/D Phase VII is
currently under construction to the north of the subject property, is constructing a street stub -out
to access the property from the north.
Proposal: The applicant proposes a rezoning of the subject property to facilitate the future
development of a single family subdivision at a higher density than that allowed within the RSF-
1 zoning district.
Request:
The request is to rezone the subject property
from RSF-1, Residential Single Family, 1
DU/Acre
to RSFA, Residential
Single Family, 4 units
per acre.
SURROUNDING LAND USE AND ZONING
Direction
Land Use
Zoning
North
Bridgeport S/D, Phase VII (under
construction)
RSF-4, Res. Single
R-A, Residential Agricultural
Family, 4
DU/acre
South
Agricultural/vacant land, SF homes
RSF-4,
Res.
Single
Family, 4
DU/acre
East
Agricultural/vacant land, SF homes
RSF-1,
Res.
Single
Family, I
DU/acre
West
Bridgeport S/D SF homes
RSF-4,
Res.
Single
Family, 4
DU/acre
INFRASTRUCTURE:
Streets: Currently the site has access to Newbridge Road (with construction of Bridgeport
S/D) and Rupple Road. At the time of development, Rupple Road 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 property has access to an 8" water main in the Bridgeport Phase 7 along the
north 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 mair
will be required to provide water supply and fire protection within any
development on this property.
Sewer: The site currently has access to an 8" sewer line along the north side of this
property. A sewer main extension will need to be constructed to provide service
to any development on this site. A capacity analysis may need to be conducted to
KAReports120041PC ReporuV 0-11-041RLN 04-1223 (TWYHOSKINS).do
verify line capacity before the extension will be allowed.
Fire: The subject property
is located 0.8 miles from
Fire Station 47
on Rupple Road.
Fire response time is
approximately 3 minutes.
Projected service
calls for the
subject property, at maximum
build -out of 46
dwelling units,
is 9 calls per year.
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.
LAND USE PLAN: The
Future Land Use Plan designates
this site for Residential
use. Rezoning
this property to RMF-4 is
consistent with the land use plan
and is 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 rezoning is consistent with land use planning objectives,
principles, and policies and with land use and zoning plans. Surrounding
properties are residential and agricultural in nature, and development of
new subdivisions is occurring directly to the north, with street stub -outs for
connectivity planned. Bordering the property to the west are the backs of
lots that within the same zoning district as that requested, creating a
compatible and harmonious land use.
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 and needed in order to allow for a similar
density and lot configuration as those single family residential neighborhoods
developed to the south, west and north.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The site currently has access to Rupple Road, and a street connection to this
arterial will likely be required for development of the subject property to
allow for adequate access. Additionally, the property to the north is being
developed (Bridgeport Phase V1I) and provides a stub -out to the south,
allowing for the only other access point for this property. Connectivity in the
K:IReporuL70041PC Reports110-11-04VZZN 04-1223 (TPICY HOSKINS).dx
form of street stub -outs will be expected in all cardinal directions, where
deemed necessary and practical to ensure a safe and adequate means of
access, allowing for traffic to disperse in a maximum number of ways.
Police — It is the opinion of the Fayetteville Police department that an appreciable
increase and traffic danger and congestion will not be created by this
rezoning request.
4. A determination as to whether the proposed zoning would alter the population density
and thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The proposed zoning would not substantially alter the population density in
the area. With the proposed density, maximum of 46 dwellings units would
be permitted, with a projected total of 101 future residents in the area.
Additionally, future development on the site will require street improvements
and shall conform to zoning and development standards of the Unified
Development Code. Public service providers have responded accordingly:
Police — Individually, this rezoning will not substantially alter the population density
thereby undesirably increasing the load on police services. Cumulatively,
development in this area of the City continues to have an increased demand on
police services and traffic congestion.
Fire — Response time to the subject property (actual drive time) is approximately 3
minutes (approx. 0.8 miles) from station #7 on Rupple Road. Projected service
calls for the subject property, at maximum build -out, is 9 calls per year.
Engineering - Currently the site has access to Newbridge Road (with construction of Bridgeport
S/D) and Rupple Road. At the time of development, Rupple Road 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.
The property has access to an 8" water main in the Bridgeport Phase 7 along the
north 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.
The site currently has access to an 8" sewer line along the north side of this
property. A sewer main extension will need to be constructed to provide service
to any development on this site. A capacity analysis may need to be conducted to
verify line capacity before the extension will be allowed.
K:IRepores120041PC Reporu110-11-04VaN 04-1223 (TRICYHOSKINS).doe
f
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. IReports120041PC Reports110-11-041RU 04-1223 (TR4CYHOSKINS).dw
0
El
161.05 District Rsf-1, Residential Single -
Family — One Unit Per Acre
(A) Purpose. A district having single-family
detached residences on lots with a minimum size of
one unit per acre. The district is designed to
permit and encourage the development of very low
density detached dwellings in suitable
environments, as well as to protect existing
development of these types.
(B) Uses.
(1) Permitted uses.
11 Unit 1
1 City-wide
uses by right
11 Unit 8
1 Sin
le-famil dwellin
s
(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 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
11 Units per acre 1 1
(D) Bulk and area regulations.
11 Lot width minimum 1 150 ft.
11 Lot area minimum 1 43,560 sq. ft. 1 acre
11
Land area per dwellingunit 43,560 sq. ft. 1 acre
(E) Setback requirements.
11 Front
Side
Rear
11 35 ft.
Ii 20 ft.
if 35 ft.
(F) Height regulations.
Maximum building height 35 ft.
(G) Building area. None.
(Code 1965, § 160.44; Ord. No. 3792, §4, 5-17-94; Ord. No. 4100, §2
(Ex. A), 6-16-98)
161.07 District Rsf4, 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
City-wide
uses by right
Unit
1 Sin
le-famil dwellin
(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
dwellin s
11 Units 2er acre
1 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.
11 Front
Side
Rear
11 25 ft.
8 ft.
20 ft.
K. IReporro12004TC Reportsll0-11-04W27N 04-1223 (TR4CY110SKINS).doc
(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.
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FAYE'iTEVILLE
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,
RECEIVED
OCT 0 5 2004
PLANNING DIVoUCE DEPARTMENT
This document is in response to the request for a determination of whether the proposed
Rezoning RZN 04-1223 (Tracy Hoskins, 361) submitted by Tracy K. and Lori C.
Hoskins for Property located at 1719 Ruple 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.
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.
iiecerely,
utenant ill 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: 479-5873555 FAX: 479-5873522
• *-
REQUEST FOR REZONING
COUNTY PARCEL NUMBER 001-11401-002
SUBMITTED BY TRACY K HOSKINS
CURRENT OWNERSHIP
THE PROPERTY IS CURRENTLY OWNED BY FAMILY JEWELS, LLC. TRACY HOSKINS
IS THE APPLICANT AND THE MANAGING MEMBER OF FAMILY JEWELS, LLC
REASON FOR REQUESTING ZONING CHANGE
THIS PROPERTY WAS RECENTLY ANNEXED INTO THE CITY OF FAYETTEVILLE AND
ASSIGNED A ZONING DESIGNATION OF RSF-1. I WISH TO HAVE THE PROPERTY REZONED
TO RSF-4 SO THAT I CAN PROCEED WITH THE SUBMITTAL OF A SMALL INFILL
NEIGHBORHOOD.
SURROUNDING PROPERTIES, LAND USE, TRAFFIC, ETC...
THIS PROPERTY IS CURRENTLY BORDER BY THE FOLLOWING:
NORTH - FUTURE PHASE OF BRIDGEPORT SUBDIVISION ZONED RSF-4
WEST - BRIDGEPORT SUBDIVISION ZONED RSF-4
EAST - OTHER PROPERTY RECENTLY ANNEXED AS RSF-1
SOUTH - OTHER PROPERTY RECENTLY ANNEXED AS RSF-1
THE CITY'S FUTURE LAND USE DESIGNATES THIS PROPERTY TO BE ZONED RSF4
IN KEEPING WITH THE SURROUNDING NEIGHBORHOODS.
THE PROPERTY WILL HAVE A FUTURE CONNECTION TO THE NORTH BY THE EXTENSION
OF NEW BRIDGE ROAD FROM BRIDGEPORT AND CONNECTION WILL BE PROVIDED
TO THE SOUTH FOR THE ADJACENT DEVELOPER, MARK FOSTER. RUPPLE ROAD IS LOCATED
TO THE EAST OF THE PROPERTY AND MT COMFORT ROAD IS LOCATED TO THE NORTH
AT THIS TIME, THE EXACT APPEARANCE OF THE SUBDIVISION AND SIGNAGE IS NOT
DETERMINED.
ACCESSIBILITY TO WATER AND SEWER
A 6 INCH WATER LINE IS LOCATED JUST NORTH OF THE PROPERTY AND WILL BE EASILY
ACCESSED WITH THE EXTENSION OF NEW BRIDGE ROAD TO THE EAST. AN 8 INCH SEWER LINE
WILL ALSO BECOME ACCESSIBLE WITH THE EXTENSION OF NEW BRIDGE ROAD TO THE EAST.
THE DEVELOPERS OF BRIDGEPORT HAVE BEEN REQUIRED TO EXTEND A STREET CONNECTION
ALONG WITH WATER AND SEWER TO MY NORTH PROPERTY LINE.
THE PROPOSED ZONING IS CONSISTENT WITH THE LAND USE PLANNING OBJECTIVES,
PRINCIPLES AND POLICIES AND WITH LAND USE AND ZONING PLANS.
THE PROPOSED ZONING IS JUSTIFIED, AS THIS IS AN INFILL PROJECT AND SURROUNDED
BY THE SAME TYPES OF DEVELOPMENT.
SHOULD THIS PROPERTY BE DEVELOPED TO IT'S FULL RSF-4 ZONING, WHICH IS HIGHLY
UNLIKELY, 41•ADDITIONAL SINGLE FAMILY LOTS WILL NOT APPRECIABLY INCREASE
TRAFFIC DANGER OR CONGESTION.
A CITYWIDE SEWER STUDY HAS RECENTLY DETERMINED THAT THE CITY SEWER SYSTEM
HAS AMPLE CAPACITY TO SERVE THIS DEVELOPMENT. AND THAT HOLCOMB AND HOLT
SCHOOLS ARE NOT TO CAPACITY.
THIS PROPERTY IS IN AN AREA OF NEIGHBORHOODS OF SMALLER LOTS AND SMALLER
HOUSES. IT IS IMPRACTICAL FOR THIS PROPERTY TO BE DEVELOPED AS RSF-1 WHICH
TYPICALLY HAS ONE HOUSE PER ACRE; THESE HOUSES BEING LARGER AND TRADITIONALLY
MORE EXPENSIVE. RSF-4 IS THE BEST USE FOR THE LAND, IN KEEPING WITH SURROUNDING
PROPERTIES AND THE CITY'S FUTURE LAND USE.
19257 James T. & Maness J. r
19255 Harvey L 6 Meliw A M
1W8Q JeffK. & M�ld S. M
102 James A.. Jr. S Julie C.
1D 01 DINer B. & Fun a d Leslie S. Mc
11Y282 Dlanne Marge Ph
20365 Jorge H. & Cleo FT
20355 Henh a Kim Loan
=357 Jowph J. Ma
2WW Jerry Don H!
2035E M lliem D. Com
20350 Jelhey B Tamers Nlll
2035t James Nail R Sondra E.:
2p 7 Joshua Steven & Mdma Lyn /
11400
Arkansas
Oaks, Inc.
11399
Brenda Cordelia
Stewart King
11401-003
Craig A. & Connie R
Edmonston
11401111401
-006 -007
D.E. &Mary O.E. a Mary
Key Lutastl Kay Luteae
11758
Larry J. Thomas
11402
Traditional Investments
LTD PTNR
Inc.
11756
Traditional Investments
LTD PTNR
o&cjw 30 2004 1:48PM
89/10/2004 15:02
1ge S of 1) .
• Fik No.: 12004
METRO
479-575-8202
ExmulT A
(479)443-3383
ENGINEERING C.O.F.
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aOu SW eotoa orsaid 40 scm trot: draweb' OW3515C W.1074,05
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4W% theme Etst 430.10 Rot: *m m South 1014AI &c6 IbeOet
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dmaibd a {piton B*MmiaS W, 6494 Aa m the
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gas
EXH I BIT "A"
PTY TO BE REZON'
ZED BY THE APPL
ORDINANCE NO, 4588
AN ORDINANCE TO.ANNEX INTO THE CITY OF
FAYETTEVILLE, ARKANSAS SEVERAL PARCELS
COMPLETELY SURROUNDED, BY THE INCORPORATED
LIMITS OF FAYETTEVILLE
WHEREAS, the annexation policy of the City of Fayetteville adopted by the City
Council is to annex those parcels of land which have become completely surrounded by the
incorporated limits of Fayetteville; and
WHEREAS, after annexation into the City of Fayetteville, the inhabitants of those lands
will be afforded the same services of police and fire protection and solid waste collection as
current citizens of Fayetteville enjoy; and
WHEREAS, all of the lands identified in Exhibit A (map) and Exhibit B (legal
descriptions) comply with at least one of the five requirements for annexation stated in A.C.A.
§14-40-302;and
WHEREAS, at the time of the adoption of this ordinance, the highest and best use of
these lands is NOT for agricultural or horticultural purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby annexes
into the City of Fayetteville,. Arkansas the lands identified in Exhibit A (map) and Exhibit B
(legal description).
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby assigns the
zoning of these lands to be RSF-1, Residential Single Family, one unit per acre except for parcels
identified as numbers 001-11380-001 and 001-11399-000 which are assigned the zoning of RA,
Residential Agricultural.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby assigns the
parcels identified as numbers 001-10695-000; 001-10677-002, 001-11176-000, 001-11176-002,
001-11177-000; 001-10757-001,.(also: 765-13158-001), 001-10763-000, 001-10764-000, 765-
13156-000, and 001-10800-000 to Ward 1.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby assigns
the parcels identified as numbers 001-16815-000, 001-16828-000, 765-16658-020, 765-16658-
000;001-16823-000 (also: 765-13599-000), 001-16823-001, 001-16823-002(also: 765.13599
001), 001-16825-001, 001-16826-0007 001-16826-001; 001-11381-000, 001-11380-002, 001-
11380-0107 001-11380-001, 001-11399-000, 001-11380-0217 001-11380-011, (also: 765-13649-
010), 001-11380-020, 001-11396-000, 001-11396-010, 001-11394-000, (also: 765-13649-000),
001-11398-000, (also: 765-13648-000), 001-11395-000, 001-11397-000, 001-11401-000, 001-
11401-001, 001-11401-002, 001-11401-003, 001-11401-004, 001-11401-0053 001-11401-006,
001-11401-007, 001-11402-0007 00141756-0001 001-11766-000, 001-11757-000, 001-11758-
0007 001-11762-0002 001-11760-001, 001-11765-000, 001-11765-001, 001-11763-000, 001-
11764-000,001-11830-000; 765-16177-001, 765-21425-000 to Ward 4.
PASSED and APPROVED this 20th day of July, 2004.
APPROVED:
,FAYETTEVILLE• '- By:
pe :>
ATTEST:
By:
SONDRA SMITH, City Clerk
s .•
RZNO4View TRACY HOSKINS
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RZN04 Land
U23 TRACY HOSKINS
STAFF REV& FORM - NON -FINANCIAL OBLAION
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 04-1223 was submitted by Tracy Hoskins for property located at 1719 N. Rupple Road containing
approximately 11.73 acres, more or less. The request is to rezone the subject property from RSF-1,
Residential Single Family, one unit per acre; to RSF-4, Residential Single Family, four units per acre.
STAFF RECOMMENDATION: Approval.
Received in Mayor's Office
Division Header Date
Ci homey Date
Cross Reference:
Department Director Date
Finance & Internal Services Dir.
10 45-6
Date
Previous Ord/Res#:
/D-'so.otf
Date Orig. Contract Date:
Orig. Contract Number:
/ DateV
New Item: Yes No
Date
Taye evl ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division �,/)
From: Clarice Buffalohead-Pearmanl7'�
City Clerk Division
Date: November 23, 2004
Re: Ord. No. 4640
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
Fax: (479) 718-7695
clty_cIerk@cl.fayetteviIIe.ar.us
The City Council passed the above ordinance, November 16, 2004, approving rezoning petition
RZN 04-1223 for property located at 1719 North Rupple Road containing approximately 11.73
acres. 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.
lcbp
attachments
cc: John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
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:
was inserted in the regular editions on
PO#
** Publication Charge: $
Subscribed and sworn to before me this
day of 2004.
Notary Public
�' ��t�ier�rtt«ate-sit«fit««r�, r;<
My CommissionExpirs C
otaatherinesslt
- ^ a[e Of Arkans:u 1 �; M Washington County
> y Commission Expires OM7/O5
uc«cc«c <cccccu«cccccc«caccl
** Please do not pay from Affidav�.
An invoice will be sent.
RECEIVED
DEC 0 3 2004
CITY OF FAYMEVILLE
CITY CLERK'S OFFICE
212 NORTH EAST AVENUE • . P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
0
•
AN ORDINANCE REZONING THAT PROPERTY
AS � ��� .
DESCRIBED IN REZONING PETITION RZN P4-1223 AS
SUBMITTED BY TRACY HOSMNS FOR PROPERTY
LOCATED AT 1719 NORM RUPPLE ROAD CONTAIN-
ING APPROXIMATELY 11.73 ACRES FROM RSF-1, ARKAN SAS
RESIDENTIAL SINGLE FAMILY, ONE UNIT PER ACRE
TO RSF-4, RESIDENTIAL SINGLE FAMILY, FOUR
UNTS PER ACRE'
BE R ORDAINED BY THE CRY COUNCIL OF THE CRY OF FAYBTTBYILLB, ARKAN
Section 1: That the zbne classifidaeort of the lollo g descdbod property Is hereby cnengad as to
From RSF-1, Residents) Single Family, One Unit Per Ape. to RSF-4, Resitlential Si glo-Farriy, 4
Ap Per e as si h Eddit'A' attached hereto and made a pert hereof,.,
Section 2: That the official zonng map of the Cry of Fayetteville, Adtansas, Whereby emended to
the zoning charge prm4ded h,Section 1 above.
PASSED ADd:APPROVED this 16th day of Novernber, 2004.
APPROVED:
By:
DAN COOOY, Mayor
EXHIBIT'A'
RZN 04-1223
A PART OF THE SW 1/4 OF THE SE 1/4 OF SECTION 1, T-16-N, R-31-W, WASHINGTON COUI
ARKANSAS, BEING -MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE
CORNER OF SAID 40 ACRE TRACT, THENCE NOO°35'50'W, 1074.45 FEET THENCE EAST 431
FEET; THENCE SOUTH 1074.42 FEET; THENCE WEST 419.00 FEET TO THE POINT OF BEGINN
AND CONTAINING 10.473 ACRES MORE OR LESS.
ALSO:
A PART OF THE S 1/2 OF THE BE 1/4 OF SECTION 1, T-16-N, R-31-W, W
ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING/
Try. E SW 1/4 OF THE SE 1/4 OF SECTION1,T3,16-N, R-31-W; THENCE WEST
RIGHT OF WAY FOR INGRESS AND