HomeMy WebLinkAboutOrdinance 4691 oc ID : 008454830002 Tvpe : REL
Recorded : 05/06/2005 at 04 : 01 : 35 PM
Fee Amt : $11 . 00 Pace 1 of 2
Mashlnoton Countv . AR
Bette Stamos Circuit Clerk
F11e2005-00019485
ORDINANCE NO. 4 6 91
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 05- 1371 FOF
PROPERTY LOCATED AT 2577 DEAD HORSE MOUNTAIN
ROAD, CONTAINING APPROXIMATELY 125 . 179 ACRES
FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4,
RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS :
Section 1 : That the zone classification of the following described property is hereby
changed as follows:
From R-A, Residential Agricultural to RSF-4, Residential Single
Family, 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 I above.
PASSED and APPROVED this 5th day of April, 2005 .
RK/TR� 9s"•',, APPROV
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E : FAYETiEVILLE : = By:
DAN COODY, Mayor
;,ys.9�,KANSPS * A�;
ATTEST:
c
By:
ONDRA SMITH, City Clerk
40
EXHIBIT "A"
RZN 05-1371
A PART OF SECTION 25, BEING A PART OF THE NW 1/4 AND A PART OF THE NIA
OF THE SWI/4, ALL LANDS LOCATED IN SECTION 25, TOWNSHIP 16 NORTH,
RANGE 30 WEST, MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE
NORTHWEST CORNER OF SAID SECTION 25 ;
THENCE S87001 '09"E 1653.58 FEET TO A POINT ON THE NORTHERN BOUNDARY
OF SAID SECTION 25; THENCE S02°40'24"W 2641 .43 FEET AND S02°59'21 "W 659.85
FEET; THENCE N87°01 '29"W 1480.72 FEET TO THE CENTER OF THE WHITE
RIVER; THENCE N42°02'08"W 251 .95 FEET ALONG THE CENTER OF SAID WHITE
RIVER TO A POINT ON THE WESTERN BOUNDARY OF SECTION 25 ;
THENCE NO2°49' 30"E 3123 .30 FEET TO THE POINT OF BEGINNING, CONTAINING
125 . 179 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS.
Washington County, AR
I certify this instrument was filed on
05/08/2005 04:01 :35 PM
and recorded in Real Estate
File Number 2005-00018485
Bette Stamps - Circuit Clerk
by
0120
City Council Meng of March 15, 2005 N 1,505
Agenda Item Number q-b4l
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council �eac� horsQ.
Thru: Gary Dumas, Director of OperationsyVL '1 '
From : Jeremy C. Pate, Director of Current Planning .9 G7
Date: February 24, 2005
Subject: Rezoning for Hall (RZN 05- 1371 )
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 125. 179
acres of property from R-A, Residential Agricultural, to RSF-4, Residential Single
Family, 4 units per acre.
BACKGROUND
Property description: The subject property is located on Dead Horse Mountain Road,
east of the West Fork of the White River, southwest of Goff Farm Road. It is bounded by
floodway and floodplain from the river on the west side, by Dead Horse Mountain Road
on the east, and agricultural property to the north and south. Zoning districts within the
one-mile radius include 1-2 (Industrial Park), R-A, and RSF-4, as well as land in the
Planning Area to the south. The property is currently agricultural in nature, with a few
existing single family structures. Nearby development includes the Stonebridge Meadows
Subdivisions and golf course and the Industrial Park across the river to the west.
Proposal: The applicant intends to develop the property for single family residential use.
Therefore, the applicant is requesting the property be rezoned from R-A, . Residential
Agricultural, to RSF-4, Residential Single Family, 4 Dwelling Units per Acre, should the
preceding annexation request be approved. RSF-4 allows for a range of residential
density from 0 to 4 units per acre in a development pattern that is compatible with much
of the residential development within the City of Fayetteville.
Request: The applicant requests rezoning the property from R-A to RSF-4.
DISCUSSION
This item was heard at the regular Planning Commission on February 14, 2005 . The
Planning Commission voted 5-4-0 to forward this item to the City Council with a
recommend in favor of the rezoning, with Commissioners Clark, Allen, Anthes and
Ostner voting against.
Discussion included change in character of this landscape to residential use from its
current agricultural use, surrounding infrastructure improvements, transitioning from the
existing low-density R-A zoning to higher density RSF-4 zoning, among other items.
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• City Council MOng of March 15, 2005
Agenda Item Number
Staff finds that rezoning this property to allow development of four single family
dwellings per acre is consistent with land use policies, planning and development
currently occurring in the vicinity. West of the subject property is the West Fork of the
White River, land which is severely inhibited from dense development due to the
floodway and floodplain located on the property, thereby providing a transition out to the
Minor Arterial Deadhorse Mountain Road. Development of this property for residential
use at four units per acre or less is consistent with surrounding development currently
underway at Stonebridge Meadows golf course, and along Goff Farm Road/Roberts
Road. It is the opinion of the Fayetteville Police Department that this rezoning will alter
the population density, but will not create an undesirable increase on police services. The
net response time will not increase beyond the time it takes to respond to calls within the
city limits south of the subject property. Improvements to water and sewer service, as
well as construction of street infrastructure and assessments for new bridge construction
in the nearby area will be required of the developer at the time of development, to benefit
both the development proposed and the general public served by these public
infrastructure improvements.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1371 FOR PROPERTY
LOCATED AT 2577 DEAD HORSE MOUNTAIN ROAD,
CONTAINING APPROXIMATELY 125 . 179 ACRES FROM R-A,
RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL
SINGLE FAMILY, FOUR UNITS PER ACRE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classification of the following described
property is hereby changed as follows:
i
From R-A, Residential AgriculturaltoRSF-4, Residential Single.Family, four
units per acre, as shown in Exhibit "A" attached hereto and made a part hereof.
A
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 day of % 12005,
APPROVED:
By:
DAN COODY, Mayor
ATTEST: �.
By: �
Sondra Smith, City/Clerk
V
• i
EXHIBIT "A"
RZN 05-1371
A PART OF SECTION 25, BEING A PART OF THE N W 1 /4 AND A PART OF THEN 1/4
OF THE SWI /4, ALL LANDS LOCATED IN SECTION 25, TOWNSHIP 16 NORTH,
RANGE 30 WEST, MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE
NORTHWEST CORNER OF SAID SECTION 25 ;
THENCE S87001 '09"E 1653 .58 FEET TO A POINT ON THE NORTHERN BOUNDARY
OF SAID SECTION 25; THENCE S02°40'24"W 2641 .43 FEET AND S02°59'21 "W 659.85
FEET; THENCE N87°01 '29"W 1480.72 FEET TO THE CENTER OF THE WHITE
RIVER; THENCE N42°02'08"W 251 .95 FEET ALONG THE CENTER OF SAID WHITE
RIVER TO A POINT ON THE WESTERN BOUNDARY OF SECTION 25 ;
THENCE NO2049130"E 3123 .30 FEET TO THE POINT OF BEGINNING, CONTAINING
125. 179 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS.
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ayeLVIIIC PC Meeting of February 14, 2005
ARKANSAS
125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Interim Planning Director
DATE: February 09, 2005
RZN 05-1371 : (HALL, 645,684): Submitted by MEL MILHOLLAND for property located at
2577 DEAD HORSE MTN. ROAD. The property is zoned R-A, RESIDENTIAL-
AGRICULTURAL and contains approximately 125. 179 acres. The request is to rezone the
subject property RSF-4, Residential Single-family, 4 units per acre.
Property Owner: IMOGENE HALL Planner: Jeremy Pate
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: February 14, 2005
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: March 15, 2005 (1" reading if recommended)
BACKGROUND:
Property description The subject property is located on Dead Horse Mountain Road; east of the
West Fork of the White River, southwest of Goff Farm Road. It is bounded by floodway and '
floodplain from the river on the west side, by Dead Horse Mountain Road on the east, and
agricultural property to the north and south. Zoning districts within the one-mile radius include I-
2 (Industrial Park), R-A, and RSF-4, as well as land in the Planning Area to the south. The
property is currently agricultural in nature, with a few existing single family structures. Nearby
development includes the Stonebridge Meadows Subdivisions and golf course and the Industrial
Park across the river to the west.
Proposal: The applicant intends to develop the property for single family residential use. Therefore,
the applicant is requesting the property be rezoned from R-A, Residential Agricultural, to RSF-4,
Residential Single Family, 4 Dwelling Units per Acre, should the preceding annexation request be
K:Weporn120051PC ReporaIO2-14-05WN 05-1371 (Hai).do
0 0
approved (see attached letter from the applicant's representative). RSF-4 allows for a range of
residential density from 0 to 4 units per acre in a development pattern that is compatible with much
of the residential development within the City of Fayetteville.
Related Issues: When property is annexed into the City, it is annexed as R-A, Residential
Agricultural. If the preceding annexation is recommended for approval to City Council, the applicant
would like to rezone the approximately 125-acre tract owned by Hall to RSF-4, Residential Single
Family, 4 Units per Acre. The annexation request, ANX 05- 1370, is an accompanying item to this
rezoning request.
Recommendation: Staff recommends approval of the rezoning request. Future changes or
additional development on this site will be regulated by the city allowing for a uniform and
consistent development pattern.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Agricultural R-A, Residential Agricultural
South Parkland, agricultural R-A, Residential Agricultural, Planning Area
East Single family homes, golf R-A, Residential Agricultural
course, agricultural
West White River, Industrial Park, R-A, Residential Agricultural
parkland
INFRASTRUCTURE:
Streets: Currently the site has access to Dead Horse Mountain Road, a Minor Arterial on .
the Master Street Plan. At the time of development, this street will need to be
brought up to current standards along the-property frontage, at minimum. These -
improvements may include right-of-way aeddication, pavement, curb and gutter,
storm drainage and sidewalks. Additionally,development on the subject property
has a high likelihood of accessing the substandard bridge on Dead Horse
Mountain Road north of the property as its primary means of access toward the
center of the city. An assessment for a proportionate share of the cost of this
bridge is.anticipated at the time of development. Specific street improvements and.
other off-site improvements will be evaluated based on the development
proposed, to meet ordinance requirements.
Water: The site currently does have access to public water. The nearest water main is a 6"
main on the east side along Dead Horse Mountain Road. Water service will need
to be extended within the property at the time of development. Additional
connections may be required to complete looped systems.
Sewer: The site currently does not have access to sanitary sewer. An off-site sewer main
extension will be required to serve this development. There is a 12" sewer main to
the west. A capacity analysis of the sewer lines and/or lift stations downstream of
K:IRepora11005PC Repora101-14-05WZIV 05-1371 (HaO.dm
0 •
the connection point shall be conducted prior to development.
Fire: The subject property is located 2.9 miles from Fire Station 45. Normal driving
time is 7 minutes. The property is located approximately 3 miles from the future
Fire Station #3 . Normal driving time is 7 minutes.
Police: It is the opinion of the Fayetteville Police Department that this annexation will not
substantially alter the population density and thereby undesirably increase the load
on police services. It is anticipated that response time will be increased for calls
for service because the property is at the limits of the current service area.
However, the actual travel time is does not increase beyond that which is already
served.
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to RSF-4 is consistent with the land use plan and compatible with surrounding land uses in the
area.
FINDINGS OF THE STAFF
1 . A determination of the degree to which the proposed zoning is consistent with land use
planning .objectives, principles, and policies and with land use and zoning plans.
Finding: The proposed RSF-4 zoning for a single family residential use is compatible
with adjacent and nearby single family residential land use. The Generali;
Plan designates this area for residential use, which is compatible with thei; .'
proposed RSF-4 zoning. Development at this density adequately supports, � %*
and is served by extended city infrastructure, at the cost of the developer.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is justified in order to promote orderly and consistent
development.patterns making use of existing infrastructure. The rezoning is
also needed for the development of a single family subdivision as proposed by
the applicant. A higher density than the R-A zoning district is appropriate in
this area, and would provide compatibility with nearby developments that
are zoned RSF-4.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will provide additional traffic on all adjacent streets.
Dead Horse Mountain Road is the primary means of access into the city,
either north to Huntsville or south to Black Oak Road and Armstrong
K:IReporul200APC ReporuW2-14-05VZZN 05-1371 (Har).do
i •
Avenue. These streets are Minor Arterials on the city's Master Street Plan,
and once improved, will be able to carry a high volume of traffic. Currently
they are improved paved roadways with shoulders, to county standards. The
Fayetteville Police Department finds that rezoning this property will not
result in an appreciable increase in the level of traffic danger and congestion
in the area.
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 increase population density above that which is
present currently. Under an R-A, Residential Agricultural designation, the
125-acre tract would allow for a maximum of 62 dwelling unit (1 unit / 2
acres). With the proposed RSF-4 designation, 500 dwelling units would be
permitted. Rezoning the property significantly increases the possible
number of residential units and population, but is consistent with land use
patterns and zoning in the district. Additionally, a portion of the property is
within the floodway or floodplain, which will likely inhibit the maximum
density from being developed.
Increased load on public services were taken into consideration and
recommendations from Engineering, Fire, and Police Departments are
included in this report.
5. ,Ifthere 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 eircumstances such as:
a. It would be impracti6l 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:IReportsl2005PCReportr102-14-05VZZN05-1371 (Ha!).doc
161.03 District R-A, Residential-Agricultural 161.07 District RSF4, Residential Single-
Family — Four Units Per Acre
(A) Purposes. The regulations of the agricultural
district are designed to protect agricultural land (A) Purpose. The RSF4 Residential District is
until an orderly transition to urban development designed to permit and encourage the development
has been accomplished; prevent wasteful scattering of low density detached dwellings in suitable
of development in rural areas; obtain economy of environments, as well as to protect existing
public funds in the providing of public development of these types.
improvements and services of orderly growth;
conserve the tax base; provide opportunity for (B) Uses.
affordable housing, increase scenic attractiveness;
and conserve open space. ( 1 ) Permitted uses.
(B) Uses. Unit 1 Ci -wide uses by right
1 Permitted uses. 11 Unit 8 Single-family dwellin
Unit 1 City-wide uses by right
Unit 3 Public protection and utility facilities
Unit 6 Agriculture
Unit 7 Animal husbandry
Unit 8 Single-family dwellings (2) Conditional uses.
Unit 9 Two-family dwellings
Unit 37 Manufactured homes Unit 2 1 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
2 Conditional uses. Unit 4 Cultural and recreational facilities
Unit 2 1 City-wide uses by conditional use permit Unit 9 Two-famil dwellin s
Unit4 Cultural and recreational facilities Unit 24 Home occupations
j . Unit 20 Commercial recreation, large sites Unit 36 Wireless communications facilities
'- Unit 24 1 Home occupations
.. , Unit 36 1 Wireless communications facilities (C) Density. .
C Dens! . Single-family Two-family
Units er acre One-half dwellings dwellin s
Units per acre 4 o less 7 or less
D Bulk and area regulations.
Lot width minimum 200 ft. (D) z Bulk and area regulations.
Lot Area Minimum: -
Residential: 2 acresd Single-family Two-family
Nonresidential: 2 acres dwellin s dwellin s
Lot area per dwellingunit 2 acres Lot minimum width 70 R. 80 ft.
Lot area minimum 8,000 sq. ft.
Land area per 8,000 sq. ft. 6,000 sq. ft.
dwellin unit
- (E) Setback requirements.
ide Rear (E) Setback requirements.
Front S
35 ft. 20 ft. 11 35 ft. Fronl1 Side Rea
20Rr
.
(F) Height requirements. There shall be no 11 25 R. 8 R.
maximum height limits in the A- 1 District,
provided, however, that any building which (F) Height. None.
exceeds the height of 15 feet shall be setback from (G) Building area. On any lot the area occupied
any boundary line of any residential district by all buildings shall not exceed 40% of the total
distance of 1 .0 foot for each foot of height in
excess of 15 feet. Such setbacks shall be measured area of such lot.
from the required setback lines.
(G) Building area. None.
K.IReporul200APC Reporra102-14-05ViZN 05-1371 (Ha().doc
FAYEIiTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
February 7, 2005
Jeremy Pate
Interim Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
RECEIVED
FEB 0 9 2005
PLANNING DIV.
POLICE DEPARTMENT
This document is in response to the request for a determination of whether t roposed
Annexation ANX 05-1365: (WILKINNS, 245): and Rezoning R - 366 (WILKINS,
245) submitted by MEL HOLLAND for property located AST OF SALEM ROAD,
NORTH OF THE CRYSTAL SPRINGS, PHAS is property is in the Planning Area
and contains approximately 10.00 acres. request is to annex the subject property into
the City of Fayetteville and to rezo e subject property to RSF-4, Residential Single-
family 4 units per acres.
It is the opinio he Fayetteville Police Department that this annexation and rezoning
will not tantially alter the population density and thereby undesirably increase the load
on ice services or create and appreciable increase -in traffic danger and congestion in the
area. -
In reference to ANX 05-1370 (HALL 644, 645, 684): Submittei..M1t HOLLAND for
the property located at 2577, 2216, 2844, 2822 DEADHSrMTN. ROAD. This
property is in the Planning Area and contains ap ately 235.38 acres. The request is
to annex the subject property into the Ci 1ayetteville.
It is the opinion of the Fayet e Police Department that this annexation will not
substantially alter the ulation density nor will it create an undesirable increase on police
services. This exation will increase our response time to calls for service because this
property n the very outer fringes of our current service area.
In reference to RZN 05-1371: (HALL, 645, 684): Submitted by MEL HOLLAND, for
property located at 2577 DEAD HORSE MTN. ROAD. The property is zoned R -A,
RESIDENTIAL -AGRICULTURAL and contains approximately 125.50 acres. The request
is to rezone the subject property RSF-4, Residential Single-family, 4 units per acre.
FAYETTEVILLE POLICE DEPARTMENT
P.O. BOX 1988
FAYETTEVILLE, ARKANSAS 72702-1988
(DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701
JAIL: 140-A WEST ROCK STREET 72701
PHONE: 479.587-3555 FAX: 479587-3522
It is the opinion of the Fayetteville Police Department that this rezoning will substantially
alter the population density however it will not create an undesirable increase on police
services. This annexation will increase our response time to calls for service because this
property is on the very outer fringes of our current service area. We do recommend that the
road system be improved on Dead Horse Mountain Road to accommodate the increased
traffic and emergency response
In reference to RZN 05-1378: (HALL, 644): Submitte EL HOLLAND, for
property located at THE S SIDE OF HWY 16E DEAD HORSE MTN. RD. The
property is zoned R -A, RESIDENTIAL- CULTURAL and contains approximately
15.12 acres. The request is tjeitihe subject property RSF-4, Residential Single-
family, 4 units per acre
It is the mon of the Fayetteville Police Department that this rezoning will not
s antially alter the population density nor will it create an undesirable increase on police
services. This annexation will increase our response time to calls for service because this
property is on the very outer fringes of our current service area.
in reference to RZN 05-1372 (MAILCO USA INC., 678-2j.2rSiibmitted by STEVE
CLARK for the property located at S. SCHOOL ANUE, E OF HWY 71 AND N OF
WHILLOCK STREET. The property is zo F-4 SINGLE FAMILY —4
UNITS/ACRE and contains approjjnatE5 2.536 acres. The request is to rezone the subject
property to C-2, Thoroughfar mmercial.
It is the opini2pMflhe Fayetteville Police Departmentthat this rezoning will not
substant alter the population density and thereby.unaesirably increase the load on
p • services or create and appreciable increasein traffic danger and congestion in the
area.
In reference to RSN 05-1374: (CORNERSTONE/FU L, 402): Submitted by KIM
FUGITT for property located at 1144 FUTRAL VE. The property is zoned SRF-4,
SINGLE FAMILY -4 UNITS/ACRE and ams approximately 0.53 acres. The request is
to rezone the subject property to R- , esidential Office.
It is the opinion of the tteville Police Department that this rezoning will not
substantially alter population density and thereby undesirably increase the load on
police servi or create and appreciable increase in traffic danger and congestion in the
area.
Individually, each of these annexations and rezoning 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.
Sincerely,
Captain William rown
Fayetteville Police Department
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a °`"""'"` mf' ff REGISTRATIONS:
'`!"dS PE: AR, MO
Melvin L. Milholland, PE, PLS PLS: AR
Thomas M. Jefcoat, RLA, REM, CPESC RLA: AR
Monday, January 24, 2005 Project No. E-705
FAYETITEVILLE
113 West Mountain Street
Fayetteville, Arkansas 72701
RE: Annexation request of Hall property
ANX 05-1370 Hall; RZN 05-1371 Hall; RZN 05-1378 GofVHall
Dear Mayor Coody, Planning Commission Members, and Planning Division Staff:
In support of our client, Mr. Clint McDonald, NLC INC, MCO respectfully requests your
concurrence and support of the referenced property's Annexation and. Zoning into the City of
Fayetteville, Arkansas. Considerable effort, planning, and coordination has occurred on behalf of
our client, Mr. McDonald, between land owners and with assistance from City Planning, Mr. Tim
Conklin and his great staff, City Aldermen Brenda Thiel and Robert Reynolds, City Attorney Kit
Williams, and Washington County Attorney George Butler. Their combined efforts and assistance
have succeeded in adhering to the reduction of created land islands within the City Limits and to the
enforcement of productive community development.
Annexation of the Hall property for proposed future development under City of Fayetteville
guidelines, ordinances and standards for services, begin with -the Offer and Acceptance to purchase
the Hall property by Mr. Clint McDonald on April 20, 2004. Mrz McDonald envisions a mid -income
planned community development with quality amenities of utilities, green spaces with vistas beyond
the lot next door, pedestrian friendly access to undisturbed natural wooded and open areas. He
envisions a development that displays constructed characteristics of stability and unity, a
development displaying a landscaped atmosphere of stewardship with the site's natural terrain.
The following day, April 21, 2004, Mr. McDonald contacted MCO to begin preliminary site concept
designs. And, shortly there after meet with City Staff of Planning and Engineering, to discuss
annexation into the City of Fayetteville, for development of a proposed residential subdivision.
Mr. Milholland, cognizant of the City's concerns for created land islands within City Limits, met
with Tim Conklin and City Planning Staff (Dawn Warrick, Suzanne Morgan, and Jeremy Pate) to
determine acceptable methods and with Kit Williams, City Attorney, for interpretation and technical
advise for proper annexation. Several scenarios were presented for consideration. Mr. McDonald
followed the City's recommendation(s) and expanded his efforts for annexation into the City to
include surrounding properties and adjoining neighbors.
205 West (enter Street; Fayetteville, Arkansas 72701; Phone: (479) 443-4724; Far (479) 443-4101;- E-mail: MC0engr(E)swbell.net
E
///ilfiol[a�ed amranry
61"— r`ny &Sa vcyuz
Melviri L. Milholland, PE, PLS
Thomas M. Jefcoat RI A, REM, CPESC
REGISTRATIONS:
PE: AR, MO
PLS: AR
RLA: AR
Mr. McDonald has put forth extensive effort throughout much of this past year, 2004, meeting with
land owners of the neighborhood presenting them with an outline of benefits and offering of his
expense the opportunityto sign a petition expressing interest to be part ofa group annexation. While
some land owners did not desire to be annexed, several land owners have taken part in this petition,
along with that of the 200 acres of Hall property. Mr. McDonald had all properties surveyed and
platted. He hand delivered to the land owner expressing interest to be annexed into the City of
Fayetteville applications of annexation for their signature.
Each land owner petitioning for annexation into the City of Fayetteville has properly progressed
through the process, that includes advertisements and receiving signed decrees from the County
Judge, to this point for your approval and acceptance into the City of Fayetteville. Throughout the
process, Mr. McDonald's attorney along with the City's attorney, Kit Williams, and the County's
attorney, George Butler, worked diligently through the details of compliance with. the laws of
annexation. It was Mr Butler's interpretation that only those land owners currently adjoining the
City Limits could be annexed at this time, which is the petition present before you.
The petition for annexation proposed before you is one ofa community of neighboring land owners.
Thesepetitionershave been made aware of the annexation process and of the benefits (utilities,
police and fire protection, etc.) of becoming apart of the City of Fayetteville.
Mr. Clint McDonald, respectively request the City of Fayetteville Planning Commission to
recommend to the Fayetteville City Council, to approve this aAplication request for annexation.
Sincerely,
Milholland Company
Melvin L. Milholland, P.E., R.G.S.
P(L�C, INC
Clint McDonald
205 West Center Street; Fayetteville, Arkansas 72701; Phone: (419) 443-4124; Fax (419) 443-4107; E-mail: MC0engr(o�swbell.net
To: City of Fayetteville Planning
From: Milholland Engineers
Subject: Rezoning Application
Application Item #5::
5.a. Current ownership information and any proposed or pending property sales:
RESPONSE: Existing Owner, Imogene Hall, as the Trustee of the Hall Marital
Deduction Trust, effective 12-23-02 - undivided 1/1Ith interest,
has an Offer and Acceptance pending with Client McDonald, a
local developer.
5.b. Reason ( need ) for requesting the zoning change:
RESPONSE: Existing zoning of RA ( after annexed) will not provide the
demand for residential single family lots with public utilities being
requested by local house building contractors.
5.c. Statement of how the property will relate to surrounding properties in terms of
land use, traffic, appearance, and signage:
RESPONSE: Existing Land Use: Rural single family homes adjoining the east
boundary, with a pasture adjacent the north, south and west boundaries, and near
Stonebridge Golf Course.
Traffic: New single family residential development will add traffic by
connection to existing Deadhorse Mtn. Rd. from the north and south, which
connects to paved Black Oak Rd. to the south and Arkansas Highway 16 to
the north. This connection will allow two traffic connections to Highway 16,
directly, and one connection to Arkansas Highway 16 indirectly through the
City Industrial Park.
Appearance: New home construction will continue to add an improving
appearance to the community that was begun with the new golf coarse and
new residential subdivision adjoining this site to the east.
5.d. Availability of water and sewer ( state size of lines).
RESPONSE: A looped 6 inch water main is constructed up to and along the east
boundary of this site being planned for a residential development. Sanitary sewer
will be pumped by new pump station for the west boundary of site to Southeast
Comer of City Industrial Park and will be received by a 12 inch main.
January 4, 2005
Application Item # 6: Written statements addressing the following:
6.a. The degree to which the proposed zoning is consistent with the land use planning
objectives, principles, and policies and with land use and zoning plans:
RESPONSE: The proposed single family zoning is in concurrence with the city's
long range planning objectives in its 2020 plan. It complies with the city's policies
of organized expansion of city facilities and infrastructure, and with the principle of
zoning and developing vacant tracts of land in continuity with the Official Land
Use Plan and at the same time, continue to add to the type of growth within the
existing neighborhood. This proposed zoning is consistent with the city's long
range land use and zoning plans.
6.b. Whether the proposed zoning is justified and/or needed at the time of the request:
RESPONSE: The demand for single family homes in this area of the City of
Fayetteville is in high demand.
6.c. Whether the proposed zoning will create or appreciably increase traffic danger and
congestion:
RESPONSE: Certainly, new homes bring more vehicles, but the City of
Fayetteville requires the developer to construct new streets through
it's development and connectivity into the existing street system.
6.d. Whether the proposed zoning will alter the population density and thereby
undesirably increase the load on the public services including schools, water, and
sewer facilities: --
RESPONSE: New water and sewer mains -will be extended to facilitate the new
residents. The site is pcated,$outh of Arkansas 16 Highway, and
near Stonebridge Golf Course, and will discharge its sewerage into
a collection system that flows into the existing treatment plant.
6.e. Why it would be impractical to use the land for any of the uses permitted under its
existing zoning classification:
RESPONSE: The land is presently rural, and will be RA if annexed into the city.
The site is too small for farm productivity. The highest and best
use of site is single family homes.
January 4, 2005
EXHIBIT "A"
REZONING LAND DESCRIPTION: REZONI NG- - MA P E- 705
A PART OF SECTION 25, BEING A PART OF THE NWi
AND A PART OF THE N4 OF THE SWL ALL LANDS
LOCATED IN SECTION 25, TOWNSHIP 16 NORTH, RANGE
30 WEST, MORE PARTICULARLY DESCRIBED AS BEGINNING
AT THE NORTHWEST CORNER OF SAID SECTION 25;
THENCE 587'01'09"E 1653.58 FEET TO A POINT ON
THE NORTHERN BOUNDARY OF SAID SECTION 25;
THENCE 50244'26"W 3301.28 FEET;
THENCE N87'01'29W 1658.44 FEET TO A POINT ON
THE WESTERN BOUNDARY OF SAID SECTION 25;
THENCE NO2'49'30"£ 3301. ET TO THE POINT
OF BEGINNING, CONTAINING 125.505 RES, MORE OR
LESS, WASHINGTON COUNTY, SAS. (Hw�Cd �n kY
AND ALSO: A PART OF
SECTION 25, T -16-N,
AT THE NORTHEAST CO
THENCE S0Y35'26"W 6
THENCE N87001'29"W I
THENCE N0259'2I "E 6
THENCE 58700'36 "E/9,
BEGINNING, CONTAINING
FAYETTEVILLE, WASHING
THE N£3 OF THE SWi ;o
'-3O-W, DESCRIBED AS BEGINNING
NER/OF SAID FORTY ACRE TRACT,
9.61 FEET;
100.79 FEET;
9.85 FEET; OWNER:
6.20 FEET TO THE POINT OF
15.12 ACRES, MORE OR LESS,
ON COUNTY; ARKANSAS.
OWNS
IMOGENE HALL
IllsI9az5
po«els 5 br tted ps: Z VOS 1371
�bx R�N �5-13i8
PC,reelz de
EXHIBIT 'A
REZONING LAND DESCRIPTION: REZONING MAP E- 705
A PART OF SECTION 25, BEING A PART OF THE NW$$
AND A PART OF THE 14 OF THE SW,S ALL LANDS
LOCATED IN SECTION 25, TOWNSHIP 16 NORTH, RANGE
30 WEST, MORE PARTICULARLY DESCRIBED AS BEGINNING
AT THE NORTHWEST CORNER OF SAID SECTION 25;
THENCE 58701 '09C 1653.58 FEET TO A POINT ON OWNER:
THE NORTHERN BOUNDARY OF SAID SECTION 25;
THENCE 502.40'24 "W 2641.43 FEET, AND 50259'21W
659.85 FEET;
THENCE N8701'29W 1480.72 FEET TO THE CENTER OF
THE WHITE RIVER;
THENCE N42'02'08"W 251.95 FEET ALONG CENTER OF
SAID WHITE RIVER TO A POINT ON THE WESTERN BOUNDARY
OF SECTION 25;
THENCE N0249'30"£ 3123.30 ET TO THE POINT
OF BEGINNING, CONTAINING 25.179 ACRES, MORE OR
LESS, WASHINGTON COUNTY, SAS.
AND ALSO: A PART OF THE N£i OF THE SWi
SECTION 25, T -16-N, R -30-W, DESCRIBED AS BEGINNING
AT THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT,
THENCE 502'35'26"W 659.6IFEET; OWNER:
THENCE N8701 '29 "W 1000.79 FEET
THENCE N0259'21 "E 659.85 FEET;
THENCE S8700'36E 996.20 FEET TO THE POINT OF
BEGINNING, CONTAINING 15.12 ACRES, MORE OR LESS,
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS.
IMOGENE HALL
DEWITT GOFF
// rI+ of q
Fp.t S
V
RZN 05-1371
One Mile View
C4
R -A
HALL
SUBJECT PROPERTY
III R.A
•i ! •.s n 1. L :j J:H ]
I:' J / tl
1
I- !
sr
Overview Legend Boundary Master Street Plan
- Subject Property �� .o Planning Area Master Street Plan
RZN 0&1371 8000% .--Freeway/Expressway
Overlay Disbid
000000 • P ndpal Arterial
Outside CiAanorArterial
Cdiecta
:1__- ••• • Historic Cdlector
®.051 0.2 0.3 0.4
Miles
A
RZN 05-1371 HALL
Future Land Use
..........................................................
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Overview Legend Q Mixed Use
--• Subject Property Master Street Plan
Boundary Office
" RZN o5-1371
rj Freeway/Expressway
•'1�• Planning Area A ® Historic Commercial
000a Principal Arterial
Streets 00000 Ovef�y D4tnct Community Commercial
e� Minor Arterial
❑ •-1 'N Existing Outside City _ Collector Neighborhood Commercial
Planned
-- - ���� Historic Collector ® Regional Commercial
1 �
0 150 300 600 900 1.200 ® Industrial
Feet . University
City of Fayetteville •
Staff Review Form
City Council Agenda Items
Contracts
15 -Mar -05
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
RZN 05-1371: (HALL, 645,684): Submitted by Mel Milholland for property located at 2577 Dead Horse Mtn. Road. The
recently annexed property is zoned R -A, Residential Agricultural and contains approximately 125.179 acres. The request is to
rezone the subject property 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 J
n/a
Funds Used to Date
n/a
Remaining Balance
Budget Adjustment Attached J
2-25-03
Dep tment irector Date
Z -zs-of
City AttoreC Date
Mavo Date
n/a
Program / Project Category Name
n/a
Fund Name
Previous Ordinance or Resolution # n/a
Original Contract Date: n/a
Original Contract Number: n/a
Received in City Clerk's Office
ENTERED
Received in Mayor' Office
�p�0S ��
From: Clarice Pearman
To: Pate, Jeremy
Subject: Ord. Nos. 4688, 4689, 4690, 4691, and 4692
Jeremy,
Attached are the ordinances passed by City Council April 5, 2005 regarding various annexations and
rezonings.
Thanks.
Clarice
1 1 ..Ili ....,.._ � 1. ,'�I, i ..� r�:T�� �� � ► � ►
NORTHWEST ARKANSAS EDITION
RECEIVED
APR 182005
AFFIDAVIT OF PUBLICATION Wm o C
I, / , , , do solemnly swear that I am the
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:
lO'dwHOC/ was inserted in the regular editions on
'•'
** Publication Charge: $ ///./7('
Subscribed and sworn to before me this
/,'
day of , 2005.
Notary Public
Sharlene D. Williams
Notary Public
My Commission Expireteef
My Commission Expires
October 18, 2014
" Please do not pay from Affidavit.
An invoice will be sent.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PEIRION RZN 05-1371
FOR PROPERTY LOCATED AT 2577 DEAD HORSE
MOUNTAIN ROAD. CONTAINING APPRO%IM4TELV
125.179 ACRES FROM R -A. RESIDEN 4L AGRICUL-
TUR4L TO RSF-4, RESIDENTIAL SINGLE FAMILY,
FOUR UNITS PER ACRE
BR IT ORDAINED BY THE CITY COUNCIL OF THE CRY OF FAYRTTMLLI, ARP
Section 1: That the zone dessflca&n of the foloinig desaibeo Properly IS hereby ctngod e
From R.A. Redtlentlel Agrinttural to RSF-4. Rosidentlal Sege Famly, far uNls per Gao. W
Edhlbt'Aallathod hereto arho mado a pert thereof.
Setlbn 2: That the ofldel zcang map of the Cy of Fayettevle. Arkansas, is hereby amentlatl
the zing change pro.'IOeo h Sacllon I ebo'e.
PABSID and APPROVED Ms 5th dry of Apra, 2005.
By:
SONDRA 3111TH, City CIM
EXIIIBIT'A'
RZN 05-1371
4 PART OF SECTION 25. BEING A PART OF THE NW 1/4 AND A PART OF THE N1/4
JLL LANDS LOCATED IN SECTION 25. TOWNSHIP 16 NORTH, RANGE 30 WEST f
IWLY DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF SAID SECTI
387°01'09E 1853.58 FEET TO A POINT ON THE NORTHERN BOUNDARY OF SA
[HENCE S02°4024W 2641.43 FEET AND 002°5921 W 659.85 FEET; THENC
1480,72 FEET TO THE CENTER OF THE WHITE RIVER; THENCE N42°02'0BW 251.
'HE CENTER OF SAID WHITE RIVER TO A POINT ON THE WESTERN BOUNDARY I
'HENCE NO2.49'30 -E 3123.30 FEE[ TO THE POINT OF BEGINNING. CONTAINING
v1ORE OR LESS. WASHINGTON COUNTY. ARKANSAS,
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-442-1700 • 479-442-5477 (FAX)
r
THANK YOU!
Arkansas Democrat -Gazette, NW Ed.
212 N. East Avenue
Fayetteville, AR 72701
479-442-1700
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CARD #************4345*
EXPIRATION DATE : *****
DATE 04-13-2005 #002978 A
TIME 12:54:14
SALE 111.60
APPROVED 042646
AVS: YES
CLERK :
MERCH ORDER#
ITEM DESC:
X
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