HomeMy WebLinkAboutOrdinance 4668 ORDINANCE NO. 4 6 6 8
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 04- 1332 FOR
PROPERTY LOCATED AT 1760 STARR DRIVE
CONTAINING APPROXIMATELY 5 .99 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, four 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 4t' day of January, 2005 .
APPRO D :
By:
D N COODY, Mayor
ATTEST: e��•R 'W I!R�"f .
��: :As '�
, G'
By _ U; FAYETTEVILLE ; 3
S N RA SMITH, City Clerk �: R P ~ '
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Recorded : 02/01/2005 at 02 . 14 . 37 PM
Fee Amt : 811 . 00 pane 1 of 2
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EXHIBIT "A"
RZN 04-1332
PART OF THE SW '/4 OF THE SE '/4 OF SECTION 1 , T16N, R30W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS : BEGINNING AT THE NE CORNER OF SAID SW '/4, SE '/4 THENCE
S00004'4617E 884.25 FEET, THENCE S890415271TW 394.57 FEET, THENCE N08046'0099E
162.03 FEET, THENCE N89041727"E 36.78 FEET, THENCE N17001 ' 1 2"E 93.92 FEET,
THENCE N07012 '477 298.57 FEET, THENCE N04002 '237 339.93 FEET, THENCE
N890461367 242.94 FEET TO THE P.O.B.; CONTAINING 5.99 ACRES MORE OR
LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD.
o�e.v
City Council- Meng of January 4, 2005 y668
Agenda Item Number
CITY COUNCIL AGENDA . MEMO
'NAV 5
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy Pate, Interim Zoning and Development Administrator
Date: December 15, 2004
Subject: Rezoning for Hays (RZN 04- 1332)
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 5 .99 acres of
property from RSF- 1 , Residential Single Family I unit/acre, to RSF-4, Residential Single Family
4 units/acre.
BACKGROUND
The subject property is currently vacant and contains a 5 .99-acre tract. It is located off of Starr
Dr. and would be accessed by Arapaho Dr. through the Barrington Park subdivision. The property
is bordered to the east and north by the Barrington Park subdivision, which is zoned RSF-4,
Residential Single Family 4 units/acre. To the east, the property is zoned RSF- 1 , and is
agricultural in nature with a single family home existing. To the south of this property is the St.
Joseph's school. This property was annexed by the City in July of 2004 as part of the "island
annexations".
The applicant originally requested to rezone the subject property from RSF- 1 , Residential Single
Family 1 unit/acre to RMF- 12, Residential Multi-Family, 12 units per acre. After meetings
between the applicant and the Barrington Park Neighborhood Association, the applicant modified
their request to change the zoning to RSF-4, Residential Single Family 4 units/acre. The applicant
intends to process a preliminary plat and final plat for this property sometime in the near future.
DISCUSSION
Staff recommends approval of the proposed rezoning to RSF-4, Residential Single Family 4
units/acre, finding that the proposed rezoning is consistent with future land use planning
objectives, principles, and policies for Residential Areas.
On December 13, 2004, the Planning Commission voted 8-0-0 to forward this item to the City
Council with a recommendation for approval .
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04- 1332 FOR PROPERTY
LOCATED AT 1760 STARR DRIVE CONTAINING
APPROXIMATELY 5 .99 ACRES FROM RSF- 1 , RESIDENTIAL
SINGLE FAMILY, ONE UNIT PER ACRE TO RSF-4,
RESIDENTIAL SINGLE FAMILY, FOUR UNITS ACRE.
BE IT ORDAINED A THE CITY UNCITHE CITY OF
FAYETTEVILLE, ARKANSAS: �\
Section 1 : That the zone classification \nff \\thefollowing described
property is hereby changed.asfollows:
From RSF-1 , Residential Singelleee Family, O\Unit Per Acre to RSF-4,
Residential Single Family, four units per as shown in Exhibit "A" attached
hereto and made a parVhereof.
Section 2. That a ficial zonin\p of the City of Fayetteville,
Arkansas, is hereby� .amended to reflect the zoning change provided in
Section 1 above.
PASSED AND,APP this day of , 2004.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
)
By:
Sondra Smith, City Clerk
EXHIBIT "A"
RZN 04-1332
PART OF THE SW '/a OF THE SE '/a OF SECTION 1 , TI 6N, R30W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS : BEGINNING AT THE NE CORNER OF SAID SW '/4, SE '/< THENCE
S00004'46"E 884.25 FEET, THENCE S89041 '273)W 394.57 FEET, THENCE N08°46TVE
162.03 FEET, THENCE N89041 '2713 36.78 FEET, THENCE N17 01 12"E 93 .92 FEET,
THENCE N07012'47"E 298 .57 FEET, THENCE N04002%2315&339.93 FEET, THENCE
N89046' 36"E 242 .94 FEET TO THE P.O.B. ; CONTAINING 5 .99\ACRES MORE OR
LESS SUBJECT TO EASEMENTS AND RIGHT O— F WAY OF RECORD.
V 1 1� PC Meeting of December 13 , 2004
ARye
KANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville, AR 72761
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Leif Olson, Associate Planner
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: December 7, 2004
RZN 04- 1332: (J.B. HAYS, 373): Submitted by CRYSTAL GOEDEREIS for property located
at 1760 STARR DR. The property is zoned RSF- 1 , RESIDENTIAL SINGLE-FAMILY 1
UNIT / ACRE and contains approximately 5 .99 acres. The request is to rezone the subject
property to RMF- 12, RESIDENTIAL MULTI-FAMILY 12 UNITS/ACRE.
Property Owner: J.B. HAYS Planner: LEIF OLSON
RECOMMENDATION:
Staff recommends denial of the request rezoning the property RMF-12, Residential multi-
family 12 units/acre based on the findings herein.
BACKGROUND:
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: December 13, 2004
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Property description: The 5.99 acres of property is located east of Starr Dr. and south of
Madison St. This property was an annexed by the City Council as part of the "island annexation"
in the summer of 2004. At the time of annexation the property was zoned RSF- I , Residential
Single-Family I unit per acre. At the current time, the property is vacant and undeveloped.
Background: The City's General Plan 2020 recommended the annexation of unincorporated
islands surrounded by the city limits. This parcel was identified in the Plan as a candidate for
annexation by the City. In the spring of 2004 Staff was directed to begin the process of
identifying, mapping, and notifying the property owners that would be impacted. The subject
property officially came into the city limits on July 20, 2004.
KAReports120041PC Reportsl12-13-041RZN 04-1332 (JB Hays rmf 11).do
• )
Public Comment: Staff has received comments and concerns with the requested rezoning from
surrounding property owners. Concerns raised by property owners in the area include density,
compatibility, access, and traffic concerns. Letters of opposition received by the Planning Office
are enclosed in the staff report.
Proposal: Crystal Goederies, the applicant's representative, has conveyed in the attached letter
the owner's (J.B. Hays) intent to develop this property as multi-family residential. The applicant
proposes two access points to the development for vehicular access. One is access is proposed
off of Madison Dr. to the north across the intervening property. The other access proposed is the
extension of Arapahoe Dr. from the Barrington Park S/D to the east.
Request: The applicant is requesting the property be rezoned from RSF- 1 , Residential Single
Family 1 unit/acre, to RMF-12, Residential Multi-family 12 units/acre.
Recommendation: Staff recommends denial of the requested RMF- 12 zoning based on the
findings herein.
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North Single-family residential RSF-4, Residential Single-family, 4 units/acre
South Vacant R-A, Residential Agricultural
East Single family residential RSF4, Residential Single-family, 4 units/acre
West Single family and agricultural RSF- 1 , Residential Single-family, 1 unit/acre
INFRASTRUCTURE:
Streets: Currently the site has access to Arapaho Dr. At the time of development, this
street would need to be extended and constructed to City standards to provide
access to the proposed property. These improvements would include right-of-way
dedication, pavement, curb and gutter, storm drainage and sidewalks. Depending
upon the amount of development, an additional access to the property may be
required.
Surrounding Master Street Plan Streets: (None are directly adjacent to
this property)
North: Mission Blvd. (Principal Arterial)
South: None
East: Hunter Rd. (Minor Arterial) — partially constructed
West: Starr Rd. (Collector)
Water: The site currently does have access to public water. The nearest water main is an
8" main to the east in Barrington Parke Subdivision. Water service will need to
be extended within the property at the time of development. Additional
K.VReportsV20041PC Reports112-13-04WZN 04-1332 (JB /lays rmf 11).doe
• !
connections may be required to complete looped systems.
Sewer: The site does have access to sanitary sewer to the east and north. Sewer service
will need to be extended within the property at the time of development.
Fire: No Response
Police: It is the opinion of the Fayetteville Police Department that this rezoning will
substantially alter the population density and thereby undesirably increase the
load on police services and create and appreciable increase in traffic danger and
congestion in the area. We already have concerns about excessive speed and
increased traffic from the school on this road. This area is one of the most
congested in Fayetteville. Given the community concern expressed from citizens
in this area, we do not feel we can recommend the density requested for this area.
We do not feel the current road system can handle the increased traffic generated
from this proposed development
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to RMF- 12 is not consistent with the land use plan or 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 property is currently vacant. There are no other multi-family zoning
designations in this area. The property to the north and east of this site has
been developed as single-family residential. Rezoning the property for multi-
family use is not consistent with the surrounding land uses.
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 not justified or needed at this time. The proposed
zoning is not consistent with the surrounding zoning or land uses.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed_ zoning would significantly increase traffic congestion in this
area. The location of the school south of this site places a considerable
amount of traffic in this area during the morning and afternoon times. The
Fayetteville Police Dept. responded that there already is concern about
excessive speed and increased traffic in this general area.
K..-IReportsl2004IPC Reportsll2-13-041RZN 04-1332 (JB Hays rmf 12).doe
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 substantially alter the population density in the
area, based on the RMF-12 zoning requested. With this rezoning an increase
of 66 units would be permitted. The density proposed with this rezoning
would significantly impact the load on public services in the surrounding
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:IReports110041PC Reports112-13-041RZN 04-1332 (JB flays rmf 12).do
161.11 District Rmf-12, Residential Multi- Fraternity or Sorority 2 acres
Family — Twelve Units Per Acre Professional offices 1 acre
(A) Purpose. The RMF- 12 Multi-family Residential (3) Land area per dwelling unit.
District is designed to permit and encourage the
development of multi-family residences at a Manufactured home 3,000 sq. ft.
moderate density that is appropriate to the area. Apartments:
No bedrooms 11700 sq. ft.
One bedroom 1 ,700 sq. ft.
(B) Uses. Two or more 2,000 sq. ft.
bedrooms
( 1 ) Permitted uses. Fraternity or Sorority 1 ,000 s . ft. Let resident
Unit 1 City-voce uses by right (E) Setback requirements.
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings Front Side Rear
Unit 10 Three-familydwellings 25 ft. 8 ft. 25 ft.
Unit 26 Multi-family dwellings
Cross reference(s)—Variances, Ch. 156.
(2) Conditional uses. (F) Height regulations. Any building which exceeds
the height of 20 feet shall be set back from any
Unit 2 City-wide uses by conditional use perunit side boundary line an additional distance of one
Unit 3 Public protection and utility facilities foot for each foot of height in excess of 20 feet.
Unit 4 Cultural and recreational facilities
Unit 11 Manufactured home park (G) Building area. None
Unit 24 Home occupations
Unit 25 Professional offices
Unit 36 Wireless communications facilities
(C) Density.
Units per acre 4 to 12
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park 100 ft.
Lot within a manufactured home park 50 ft.
Single family 60 ft.
Two-family 60 ft.
Three and more 90 ft.
Professional offices 100 ft.
(2) Lot area minimum.
Manufactured home park 3 acres
Lot within a manufactured 4,200 sq. ft.
home park
Townhouse:
*Development 10,000 sq. ft.
*individual lot 2,500sq. ft.
Single-family 6,000 sq. ft.
Two-family 7,000 sq. ft.
Three or more 9,000 sq. ft.
K. 1Reportsl20041PC Reports112-13-041RZN 04-1332 (JB Hays rmj12).doc
To: City Planning in response to question for Re-zoning
6. a) J.B. Hays — no ownership changed planned at this time.
b) The need for the zoning change is to place on upscale residential housing
neighborhood in an area where it is needed; where it fits in with the
surrounding neighborhoods and the cities 2020 plan along with the adjoining
properties.
c) The property will relate to the surrounding properties well due to the fact
the neighborhood has a mix of R/O, RMF, RSF and 2 schools. Therefore the
land use is in accordance to the 2020 plan and future land use plan in the
neighborhood. Placing two egresses on this property will decrease the amount
of traffic using just one drive. We are proposing egresses off of Arapaho and
one off of Madison. This way it will slow the traffic pattern by giving access
to 2 major thru ways that of Starr Drive and Highway 45. Starr Drive is to be a
collector street on the future street map. For this reason we are also proposing
a stub out leading to the west which can be utilized in future endeavors giving
this piece 3 egresses. There will be no signage other than a street sign. The
appearance of the RMF or RSF will be similar to those in the neighborhood.
d) See map. In addition there are 8" water and sewer lines on 2 sides of this
property.
7. a) According to what I have found out the land use is residential. This depends
on whom you talk with as if this means RSF or RMF. Whichever one it is
neither one matter because the property is well suited for both and there are
both in the neighborhood now. Both have succeeded due to the fact that both
RSF and RMF have been done tastefully and with a lot of green space.
Principles of land use are to use the land to benefit the most people and still fit
in to its surroundings. As you can see we have meet this guideline.
b) The proposed zoning is needed at this time which is evident by the number
of people looking for RSF and RMF.
c) The additional increase in traffic should have a minimal effect due to the
fact that Madison Drive and Arapaho both lead to major thru ways, Starr
and 265. The other point is that this project is residential therefore there
would not be traffic entering and exiting all hours of the day and night.
d) The proposed zoning will alter the population density somewhat but no to
a great degree. We are projecting a mix of demographics. Therefore
schooling would be a minimal amount but we also have Vandergriff
School and ST. Joseph's School within walking distance to this project.
The water and sewer facilities will be no more than for any small scale
residential use.
e) In today's market (the price of real estate and development cost) it would
be impossible to use the land as RSF 1 . The city council knew this when the
property was forcibly annexed and we were assured that there would be no
problem on getting the zonings that we needed but we could not get them
before being annexed. Therefore we went along with the annexation.
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EXHIBIT "A"
PROPERTY TO BE REZONED
IS SUBMITTED BY THE APPLICANT
₹NOy-I
OF THE SWI/4 OF THE SE1/4 OF SECTION
V, RJOW IN WASHINGTON COUNTY.
_._.. _._.-._..._..
ISAS AND BEING MORE PARTICULARLY
BED AS FOLLOWS: BEGINNING AT THE NE
R OF SAID SWI/4, SE114 THENCE
'4'46T 884.25 FEET. THENCE S89°4127•W
7 FEET, THENCE N08°46'00•E 162.03
THENCE N89°4127E 36.78 FEET, THENCE
�'12'E 93.92 FEET, THENCE N07°l2'47'E
7 FEET, THENCE N04°0223•E 339.93
THENCE N89°4636'E 242.94 FEET TO
O.B.; CONTAINING 5.99 ACRES MORE OR
;OBJECT TO EASEMENTS AND RIGHT OF WAY
7ORD.
THIS IS TO CERTIFY THAT THE ABOVE SLR VET WAS
PERFORlffU VILER MY sinflv,SKW AND ALL COMIERS
WERE SET AS SHOWN ON THE PLAT AND TO THE BEST
OF MY RNOWIEDGE ARE CORRECT.
DAVID L. JORGCNSEN, ARLS 1118 DATE
SEN & ASSOCIATES
CIVIL ENGINEERS. • SURVEYORS
124 WEST SUNBRIDGE. SUITE 5 • FAYETEVILLE, ARKANSAS 72'103 • (AT9)442-9127 • FAK(AT9) 582480]
SCALE: 1•=100' DATE REVISED CHECKED BY: DRAWN BY: BJR
DATE: 01DEC03 DLJ LP4IJBHAYSIJBHAYS
REZONING
FOR
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6) There is a safety issue at hand due to the lake on this property. Multifamily housing will
I could continue with further reasons to deny this rezoning request, but for sake of brevity, please
consider that there are many reasons we are opposed to this rezoning. We would, however, like
to make it known that we are absolutely not opposed to development in our backyards and
neighborhoods. In fact, we are very receptive to singledamily residential development that is In
keeping with the integrity of our neighborhood and those that surround us.
IL
In dosing, task that you please denying Dr. J.B. Haysrequest for the rezoning of this parcel to
RMF-12. I appreciate your time and attention to this matter.
Sincerely,
SbthM
• Mark D. Kessler
Barrington Parke Subdivision
1763 N. Hartford Drive
Fayetteville, AR 72701
(479) 283-5943
12- 9-04;10:49AM:VA Med Ctr 479 587 5918 It 1/ 2
• S.
December 5, 2004 t 'f -d (yw.4_
3:s lI F.M6drYcn/ ✓�rii,
Fayetteville, AR 72701
Phone 4 r7 ? - sal— 9a. c s
Members of the City of Fayetteville Planning Commission,
I am sending this letter to you because I would like to voice my opposition to the
rezoning request submitted by J.B. Hays, (RZN 04-1332). This request is to rezone the
subject property of 5.99 acres from RSF-1, single family to
RMF-12, multi -family.
I firmly believe that rezoning will negatively impact our Barrington Parke neighborhood
in many ways.
1) No other properties adjacent to or in close proximity to the subject
property currently carry an RMF-12 zoning. To allow this rezoning would
significantly change the overall character of the general area and affect the
makeup of our neighborhood.
2) Our property values will be financially eroded. Adjacent multifamily housing,
no matter how upscale or attractive, will decrease marketability for our homes.
3) The addition of a potentially large number of children will continue to
overload our neighborhood schools. (McNair Middle School is already
overpopulated and Vandergriff is almost at full capacity).
4) NO further multifamily units are currently needed for Fayetteville, as there is
an abundance of vacant rentals currently for lease by management companies.
There are currently around 4500 apartments in the city of Fayetteville under the
management of Lindsey Management Co. According to figures provided by
Lindsey Management, 10% or approximately 450 of these units are currently
vacant, with the upscale units (such as the Cliffs Townhouses) having the
highest vacancy rate.
5) TRAFFIC. This pretty much speaks for itself, as we all know how extremely
difficult it is to turn from Starr Road onto Hwy 45, especially in the morning. The
congestion from St. Joseph's, as well as the surrounding neighborhoods is
already more than the street can handle.
6) There is a safety Issue at hand due to the lake on this property. Multifamily
housing will inevitably bring many children, and this is a dangerous place for
children to play. Several other area multifamily complexes have had drowning
deaths in bodies of water much smaller than this one.
I could continue with further reasons to deny this rezoning request, but for sake of
12- 9-04;1O:49AM;VA Med Ctr ;479 597 5918 # 2/ 2
brevity, please consider that there are many reasons we are opposed to this rezoning.
We would, however, like to make it known that we are absolutely not opposed to
development in our backyards and neighborhoods. In fact, we are very receptive to
single-family residential development that is in keeping with the Integrity of our
neighborhood and those that surround us.
In dosing, I ask that you please consider denying Dr. J.B. Hays' request for the
rezoning of this parcel to RMF-12. I appreciate your time and attention to this matter.
Please do not allow Mr. Hays' proposal to pass!
Sin sly,
12- 8-04;11:22AM;
C 1/ t
December 8, 2004
Attn: City Planning Commission
City of Fayetteville
Fayetteville, AR 72701
Dear Members of the City of Fayetteville Planning Commission,
I am sending this letter to you because I would like to voice my opposition to the rezoning request submitted by
APJ. .. a , . 2NIO 1.332). This request is to rezone the subject property of 5.99 acres from RSF-1, single
family to
RMF-12, multi -family.
I firmly believe that rezoning will negatively impact our Barrington Parke neighborhood in many ways.
1) No other properties adjacent to or in close proximity to the subject property currently carry an
RMF-12 zoning. To allow this rezoning would significantly change the overall character of the general
area and affect the makeup of our neighborhood.
2) Our property values will be financially eroded. Adjacent multifamily housing, no matter how upscale
or attractive, will decrease marketability for our homes.
3) The addition of a potentially large number of children will continue to overload our
neighborhood schools. (McNair Middle School is already overpopulated and Vandergriff is almost at
full capacity).
4) NO further multifamily units are currently needed for Fayetteville, as there is an abundance of
vacant rentals currently for lease by management companies. There are currently around 4500
apartments in the city of Fayetteville under the management of Lindsey Management Co. According to
figures provided by Lindsey Management, 10% or approximately 450 of these units are currently
vacant, with the upscale units (such as the Cliffs Townhouses) having the highest vacancy rate.
5) TRAFFIC. This pretty much speaks for itself, as we all know how extremely difficult it is to tum from
Starr Road onto Hwy 45, especially in the morning. The congestion from St. Joseph's, as well as the
surrounding neighborhoods is already more than the street can handle.
6) There is a safety issue at hand due to the lake on this property. Multifamily housing will inevitably
bring many children, and this is a dangerous place for children to play. Several other area multifamily
complexes have had drowning deaths in bodies of water much smaller than this one.
I could continue with further reasons to deny this rezoning request, but for sake of brevity, please consider that
there are many reasons we are opposed to this rezoning. We would, however, like to make it known that we
are absolutely not opposed to development in our backyards and neighborhoods. In fact, we are very receptive
to single-family residential development that is in keeping with the integrity of our neighborhood and those that
surround us.
In closing, I ask that you please consider denying Dr. J.B. Hays' request for the rezoning of this parcel to RMF-
12. I appreciate your time and attention to this matter.
Sincerely,
)- oTaL
Kimberly A. Park
1968 N. Hartford Drive
Fayetteville, AR 72701
(479) 871-0790
December 06, 2004
I am a homeowner and would like to protest RZN 04-1332: (J.B. HAY, 373); Submitted
by CRYSAL GOEDEREIS for property located at 1760 STARR DRIVE. The property
is zoned RSF-1, SINGLE FAMILY -I UNIT/ACRE and contains approximately 5.99
acres. The request is to rezone the subject property to RMF-12, Residential Multi -family,
12 units per acre.
Property Owner: JB HAYS
Planner: LEIF OLSON
I would also like to protest RZN 04-1333: (J.B. HAYS, 373): Submitted by CRYSTAL
GOEDEREIS for property at 1882 N STARR DRIVE. The property is zoned RSF-1,
SINGLE FAMILY-! UNIT/ACRE and contains approximately 3.04 acres. The request is
to rezone the subject property to R -O, Residential Office.
Property Owner: JBHAYES Planner: LEIF OLSON
I AM AGAINST ANY ZONING CHANGE FROM SINGLE FAMILY TO MULTI-
FAMILY FOR THESE PROPERTIES.
Signed:
Dec. 7. 2004 9:16AM No•1327 P. 2
December 5, 2004
•' •�
r41 Kam- d
Fayetteville, ll/AR 72701
Phone 7 79- sfl - cQ f
Members of the City of Fayetteville Planning Commission,
I am sending this letter to you because I would like to voice my opposition to the rezoning request submitted by J.B.
Hays, (RZN 04-1333). This request is to rezone the subject property of 5.99 acres from RSF-1, single family to
RMF-12, multi -family.
I firmly believe that rezoning will negatively impact our Barrington Parke neighborhood in many ways.
1) No other properties adjacent to or in close proximity to the subject property currently carry an RMF-
12 zoning. To allow this rezoning would significantly change the overall character of the general area and
affect the makeup of our neighborhood.
2) Our property values will be financially eroded. Adjacent multifamily housing, no matter how upscale or
attractive, will decrease marketability for our homes.
3) The addition of a potentially large number of children will continue to overload our neighborhood
schools. (McNair Middle School is already overpopulated and Vandergriff is almost at full capacity).
4) NO further multifamily units are currently needed for Fayetteville, as there is an abundance of vacant
rentals currently for lease by management companies. There are currently around 4500 apartments in the
city of Fayetteville under the management of Lindsey Management Co. According to figures provided by
Lindsey Management, 10% or approximately 450 of these units are currently vacant, with the upscale units
(such as the Cliffs Townhouses) having the highest vacancy rate.
5) TRAFFIC. This pretty much speaks for itself, as we all know how extremely difficult it is to turn from Starr
Road onto Hwy 45, especially in the morning. The congestion from St. Joseph's, as well as the surrounding
neighborhoods is already more than the street can handle.
6) There is a safety Issue at hand due to the lake on this property. Multifamily housing will inevitably bring
many children, and this is a dangerous place for children to play. Several other area multifamily complexes
have had drowning deaths in bodies of water much smaller than this one.
I could continue with further reasons to deny this rezoning request, but for sake of brevity, please consider that there
are many reasons we are opposed to this rezoning. We would, however, like to make it known that we are absolutely
not opposed to development in our backyards and neighborhoods. In fact, we are very receptive to single-family
residential development that is in keeping with the integrity of our neighborhood and those that surround us.
In closing, I ask that you please consider denying Dr. J.B. Hays' request for the rezoning of this parcel to RMF-12.
appreciate your time and attention to this matter.
Please do not allow Mr. Hays' proposal to pass!
Sincerely,
Dec. 7. 2004 9:16AM
December 5, 2004 •"
J7 Al. t4-,4 r(T
Fayetteville, AR 72701
Phoneg%g-sanSn�
Members of the City of Fayetteville Planning Commission,
• No•1327 P 1
I am sending this letter to you because I would like to voice my opposition to the rezoning request submitted by J.B.
Hays, (RZN 04-1333). This request is to rezone the subject property of 5.99 acres from RSF-1, single family to
RMF-12, multi -family.
I firmly believe that rezoning will negatively impact our Barrington Parke neighborhood in many ways.
1) No other properties adjacent to or in close proximity to the subject property currently carry an RMF-
12 zoning. To allow this rezoning would significantly change the overall character of the general area and
affect the makeup of our neighborhood.
2) Our property values will be financially eroded. Adjacent multifamily housing, no matter how upscale or
attractive, will decrease marketability for our homes.
3) The addition of a potentially large number of children will continue to overload our neighborhood
schools. (McNair Middle School is already overpopulated and Vandergriff is almost at full capacity).
4) NO further multifamily units are currently needed for Fayetteville, as there is an abundance of vacant
rentals currently for lease by management companies. There are currently around 4500 apartments in the
city of Fayetteville under the management of Lindsey Management Co. According to figures provided by
Lindsey Management, 10% or approximately 450 of these units are currently vacant, with the upscale units
(such as the Cliffs Townhouses) having the highest vacancy rate.
5) TRAFFIC. This pretty much speaks for itself, as we all know how extremely difficult it is to turn from Starr
Road onto Hwy 45, especially in the morning. The congestion from St. Joseph's, as well as the surrounding
neighborhoods is already more than the street can handle.
6) There is a safety Issue at hand due to the lake on this property. Multifamily housing will inevitably bring
many children, and this Is a dangerous place for children to play. Several other area multifamily complexes
have had drowning deaths in bodies of water much smaller than this one.
I could continue with further reasons to deny this rezoning request, but for sake of brevity, please consider that there
are many reasons we are opposed to this rezoning. We would, however, like to make it known that we are absolutely
not opposed to development in our backyards and neighborhoods. In fact, we are very receptive to single-family
residential development that is in keeping with the integrity of our neighborhood and those that surround us.
In closing, I ask that you please consider denying Dr. J.B. Hays' request for the rezoning of this parcel to RMF-12. I
appreciate your time and attention to this matter.
Please do not allow Mr. Hays' proposal to pass!
Sincerely,
From Wookwon Lee
to 975-8202
at 12/ /2004 9:19 PM
0(
Ref: RZN 04-1332
Dear Members of the City of Fayetteville Planning Commission:
2022 Hartford Drive
Fayetteville, AR 72701
Phone: 479-571-4614
December 7, 2004
I am sending this letter to you because I would like to voice my opposition to the rezoning request
submitted by J.B. Hays, (RZN 04-1332). This request is to rezone the subject property 5.99 acres located at
1760 Starr Drive from RSF-1, single family to RMF-12, multi -family.
I firmly believe that rezoning would negatively impact our neighborhood in many ways.
1) No other properties adjacent to or in close proximity to the subject property currently carry
an RMF-12 zoning. To allow this rezoning would significantly chahge the overall character of the
general area and affect the makeup of our neighborhood.
2) Our property values will be financially eroded. Adjacent multifamily housing, no matter how
upscale or attractive, will decrease marketability of existing homes.
3) The addition of a potentially large number of children will continue to overload our
neighborhood schools. (McNair Middle School is already overpopulated and Vandergriff is
almost at full capacity).
4) NO further multifamily units are currently needed for Fayetteville, as there is an abundance
of vacant rentals currently for lease by management companies. There are currently around 4500
apartments in the city of Fayetteville under the management of Lindsey Management
Co. According to figures provided by Lindsey Management, 10% or approximately 450 of these
units are currently vacant, with the upscale units (such as the Cliffs Townhouses) having the
highest vacancy rate.
5) TRAFFIC. This pretty much speaks for itself, as we all know how extremely difficult it is to turn
from Starr Road onto Hwy 45, especially in the morning. The congestion from St. Joseph's, as
well as the surrounding neighborhoods is already more than the street can handle.
6) There is a safety issue at hand due to the lake on this property. Multifamily housing will
inevitably bring many children, and this is a dangerous place for children to play. Several other
area multifamily complexes have had drowning deaths in bodies of water much smaller than this
one.
I could continue with further reasons to deny this rezoning request, but for sake of brevity, please consider
that there are many reasons we are opposed to this rezoning. We would, however, like to make it known
that we are absolutely not opposed to development in our backyards and neighborhoods. In fact, we are
very receptive to single-family residential development that is in keeping with the integrity of our
neighborhood and those that surround us.
In closing, I ask that you please deny Dr. J.B. Hays' request for the rezoning of this parcel to RMF-12. I
appreciate your time and attention to this matter.
Please do not allow Mr. Hays' proposal to pass!
Sincerely,
Wookwon Lee
DEC 08 '04 07:36AM U OF A P.1/1
•'
1836 Hartford Drive
Fayetteville, AR 72701
December 8, 2004
Ref: RZN 04-1332
Dear Members of the City of Fayetteville Planning Commission:
I am sending this letter to you because I would like to voice my opposition to the rezoning request
submitted by J.B. Hays, (RZN 04-1332). This request is to rezone the subject property 5.99 acres located
at 1760 Starr Drive from RSF-1, single family to RMF-12, multi -family.
I firmly believe that rezoning would negatively impact our neighborhood in many ways:
1) No other properties adjacent to or in close proximity to the subject property currently carry an
RMF-12 zoning. To allow this rezoning would significantly change the overall character of the
general area and affect the makeup of our neighborhood.
2) Our property values will be financially eroded. Adjacent multifamily housing, no matter how
upscale or attractive, will decrease marketability of existing homes.
3) The addition of a potentially large number of children will continue to overload our neighborhood
schools. (McNair Middle School is already overpopulated and Vandergriff is almost at full
capacity).
4) NO further multifamily units are currently needed for Fayetteville, as there is an abundance of
vacant rentals currently for lease by management companies. There are currently around 4500
apartments in the city of Fayetteville under the management of Lindsey Management Co.
According to figures provided by Lindsey Management, 10% or approximately 450 of these units
are currently vacant, with the upscale units (such as the Cliffs Townhouses) having the highest
vacancy rate.
5) TRAFFIC. This pretty much speaks for itself, as we all know how extremely difficult it is to turn
from Starr Road onto Hwy 45, especially in the morning. The congestion from St. Joseph's, as
well as the surrounding neighborhoods is already more than the street can handle.
6) There is a safety issue at hand due to the lake on this property. Multifamily housing will
inevitably bring many children, and this is a dangerous place for children to play. Several other
area multifamily complexes have had drowning deaths in bodies of water much smaller than this
one.
I could continue with further reasons to deny this rezoning request, but for sake of brevity, please
consider that there are many reasons we are opposed to this rezoning. We would, however, like to make it
known that we are absolutely not opposed to development in our backyards and neighborhoods. In fact,
we are very receptive to single-family residential development that is in keeping with the integrity of our
neighborhood and those that surround us.
In closing, I ask that you please denying Dr. J.B. Hays' request for the rezoning of this parcel to RMF-12.
I appreciate your time and attention to this matter. Please do nor allow Mr. Hays' proposal to pass!
Scott J. Mason, Ph.D., P.E.
Assistant Professor of Industrial Engineering
University of Arkansas
RZN 04-1332
One Mile View
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Overview Legend
Subject Property Boundary Master Street Plan
•' */ jFremayffir euway '
❑ RZN04-1332 1.• Planning Area
C00004. RintiOal Hvial
Streets O o Overlay Distct
htinw Medal
• "; _ ... Existing L _ I City Limits e CWetlor
Outside City ��rro H6Ionc Cdlector
00.00.1 0.2 0.3 0.4
Miles
• City of Fayetteville •
Staff Review Form
City Council Agenda Items
Contracts
4 -Jan -05
City Council Meeting Date
Jeremy Pate
Submitted By
Planning Operations
Division Department
Action Required
An ordinance approving RZN 04-1332 submitted by Crystal Goedereis on behalf of Dr. J.B. Hays for property located
at 1760 Starr Drive containing approximately 5.99 acres. 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.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a
Account Number
n/a
Project Number
Budgeted Item
n/a
Funds Used to Date
n/a
Remaining Balance
Budget Adjustment Attached
n/a
Program / Project Category Name
n/a
Fund Name
Previous Ordinance or Resolution # n/a
JG �/ ZO'C� Original Contract Date: n/a
Department Dir ctor Date
Original Contract Number: n/a
12 .17 -ay
Received in City Clerk's Office
City Attorney Date
L Received in Mayor's Office (�
LK ? aoL( �a1�0
May r / Date
From: Clarice Pearman
To: Pate, Jeremy
Subject: RZN 04-1332
Attached is the ordinance passed by the City Council on January 4, 2005 regarding rezoning 5.99 acres
owned by J.B. Hays.
AFFIDAVIT OF PUBLICATION
1, iP , do solemnly swear that I am the
Legal Cl rk of the Ar as 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:
CLYICti was inserted in the regular editions on
(i � .L'_IC' CAS.
C)
PC#
** Publication Charge: $ i&-1. Ito
Subscribed and sworn to before me this
day ofQZIV.&JL/-, 2005.
Notary Public Sharlene D. Williams IAM
Notary Public
My Commission Expiresstate of Arkansas
My Commission Expires
October 18, 2014
** Please do not pay from Affidavit.
An invoice will be sent.
Rrr " „'ED
,IAN 9 4 2005
C. iEVILLE
OFFICE
THAT PROPERTY Taye
evl ale
n9N RCN 04.1332
780 STARR DRIVE
i.99 ACRESSTARR FARM
AMILY. ONE UNIT
AL SINGLE FAMILY, ARKANSAS
BE IT ORDAINED BY.THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ANNANBAB,
Section 1: That the zone dasslacmlon of the SoIov.4ig d06Rlbed property a hereby changed a9 fofoxe:
From RSF-1, Regoenryel Sbge Fan y, Q,e L"t Par ACIB to RSF-4, Re*ontml SN91e Pansy, N,r ISb per ecm as shown h E.4t11 Aattached hereto and made a pmt he oI,
Section 2: matte otdel zonnp map of the City of Feyettevda ArBansae, b the zanlrq change Melded ii Section 1 above. hereby arnmtded to renal
PABBBD and APPROVED Ws 4th day of January. 2005.
EKIIIBIT °A°
PART OF THE SW 1/4 OF THE SE 1/4 OF SECTION1, T18N, R30W IN
ARKANSAS AND BEING MORE PARTIC1JLMLY CTIN ED AS FOLLOWS
CORNER OF SAID SW 1/4. SE 1/4 THENCE S00.04.48E 884.25 FEET THEI
FEET THENCE N0B•48'00'E 162.03 FEET, THENCE N89.41'27'E 38.78 FEE
33.92 FEET THENCE N07°12 -47-E 298.57 FEET THENCE N04.0223 -E
'18946'36E 242.94 FEET TO THE P.O.B.; CONTAINING 5.99 ACRES. MOR
EASEMENTS AND RIGHT OF WAY OF RECORD.
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-442-1700 • 479-44Z-34/1 ,rMA,
Washington County, AR
I certify this instrument was filed on
02/01/2005 02:14:37 PM
and recorded in Real Estate
File Number 2005.00004795
Bette Stem s - Circuit Clerk
by