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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. ', • -O y m E j ati a) O o m o Z x v g a)m9 a W m g m v d m E a�L o d =O 00 N E o a) o 'LLU ca CO M U) 15 E a�i o N u E o m Z x U) CL 2 m U0o 0mE E m m .X v .o N a) E oo Q m D a� a gmo, 0 C o m N coC E E a m N O m (D F- o� N U C LL m m E N O(n �CO� . (O � CO N N mK Q Z N C E M N N m E M m N LL C LL «. O C 1� (O r -O Y � LL LL LL w N N LL LL LL LL O O O_ U o a N w M ro Q N C O 0 (n N W } C C Q o ItU Z >4. a UO�Y < 0 0 (n M M 2 N M O) N N N N N E C R V V O O O O X Z Z Z Z N N N Q wR R' LO to N N N N O O Z Z N N x K 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. -r•16•N, R-91-Wa ..aNnyter "'yP A*nn" S� being �° aOu SW eotoa orsaid 40 scm trot: draweb' OW3515C W.1074,05 A put of Quo SW'!. of tAt SCV. a! Seetlmt 1, psniadsab' dosoabsd m lKlawl: 9etpeft Wet, 419.00 fat to tho point of btg:snlog trod 4W% theme Etst 430.10 Rot: *m m South 1014AI &c6 IbeOet CmmdnicY 10.473 Ones mac Or lris. Alm- _ A pa, o(me SKdew SB16 efb+ nSE eoro+er oCUc i"dime 3E cot d w tT-1&A 3 w: dmaibd a {piton B*MmiaS W, 6494 Aa m the tbtreeWest901.00(em")onb60M%et;tbctecFitt923•SShet:tbeneeSlZ'30'DO" foripgtesa.nd paw of octwins ud cmd uh4 Lms saes. pia► a lea sAat a e parpttml I l P AS S 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 Close Uppmew n =-II i P —1 RSF-4 i.tP j •.� , /� -.J F-J RSF4 R_q RSFai a x Il--—r6 1-1 � 0 %•� FEOe&iG�ER01 _A IIrI?11f11#Ilflri{IIIIFFI+Iellll / ��'���i�(�I �� iF � i*�ffMl�kdi>�!iwlwl�iyl�IlwlMl�l�:l�i�l>'��1 SUBJECT PROPERTY IN 1$ _ 4 cm RSE-4L_1.J__I RSF-1 I L��I 0 , RSP-4r ---I- Willi 1 1 � t �' o� I; AWCNF iRL I r .__ram-r T'� Y II�i - l--,I®®I�11RiR1 mtil'i1 ml RSF-4 t \ 1®£ —rw iT-- 12 1 f= uww 12 ® ode®fl ®� 1. �L�eEip".�®� lie it iR Overview Legend g0o0q OverlayD Wl ® PMplpal Ar1e11W — FLOODWAY M000XX r - WsWr SC nPWn ®Mbpr Me4al —100 YEAR M ftr Str t Plan Cdleclar 500 YFAR 0 Fr ay/EaMes%' y • • • MISIOnC Cdkpla +",a LWIT OF STUDY Mil RZN04-1223 Fayetteville - -- Daeleacity 0 175 350 700 1,050 1,400 Feet IM3 1 RZN04-1223 TRACY HOSKINS hnn aAiln \%�ci.o A ��mA ✓ � I li — — I P IL '"I. :16I II ITIIrI�IrI,... L x RSF 1 �I�yl� r,. � Ir.Elhflld 1%}IET(M tF v-1 1>^1 1 ass.t . 1 of 1 1 AI I Ne , RA RSF4 =n RA l---(Y'C R�A_ —1 RSF-��— RSF 4 R.A SUBJECT PROPERTY !I}rii<i , I I �je R A III —R-A — G. .--C3 _ I R- Gt p�R-0I -- rF� �jR_A 5-��y2�i L � — >iSFi�` RW-24 RA R.A Overview Legend - '---- Boundary Master Street Plan Streets Streets Master Street Plan ❑ — Existing \� Planning Area o Eremay/Expressway IIIIIIIIPanned 0000OOverlayDistrict ® Principal Arterial oa0oa0 Subject Property Minor Arsenal 1 P rtY Outside City ®RZN04-1223 collector e e e e Historic Collector 0 0.1 0.2 0.4 0.6 0.8 Miles RSF 4 RSF-1 G2 1 • 1 • 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