HomeMy WebLinkAboutOrdinance 4692 corded : 05%06/2005 all 04B01R02 Ph
Fee Amt : 511 . 00 Pace 1 of 2
Vashlnaton Countv . AR
Bette Stamos Circuit Clerk
File 2005-00019484
ORDINANCE NO. 4 6 9 2
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1378 FOR PROPERTY
LOCATED AT THE SOUTH SIDE OF HWY 16E AND WEST OF
DEAD HORSE MOUNTAIN ROAD, CONTAINING
APPROXIMATELY 15. 12 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 1 above.
PASSED and APPROVED this 5 s day of April, 2005.
APPROVED•
Cly
; FAYETiEVILLE ; By:
DAN COODY, Mayor
-,ys.9�KANC'
ATTEST: GTON C�.�`���
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 05-1378
A PART OF THE NEIA OF THE SWI/4, SECTION 25, T- 16-N, R-30-W, DESCRIBED
AS BEGINNING AT THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT,
THENCE S02035 '26"W 659.61 FEET; THENCE N87°01 '29"W 1000.79 FEET; THENCE
NO2059'21 "E 659.85 FEET; THENCE S87°00'36"E 996.20 FEET TO THE POINT OF
BEGINNING, CONTAINING 15 . 12 ACRES, MORE OR LESS, FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS
Washington County, AR
I certify this instrument was filed on
05/08/2005 04:01 :02 PM
and recorded in Real Estate
File Number 2005-00019484
Bette` Stamps - Circuit Clerk
by W
City Council Moig of March 15, 2005JP_P
Agenda Item Number 41 � 5
101-
CITY COUNCIL AGENDA MEMO AZW 05-078
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: February 24, 2005
Subject: Rezoning for Goff/Hall (RZN 05- 1378)
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 15. 12 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 both sides of Dead Horse
Mountain Road, east of the West Fork of the White River, south of Goff Farm Road.
Property to the northeast is developed as Stonebridge Meadows Golf Course, with
various phases of Stonebridge Meadows Subdivision either constructed or in the process
of being constructed. 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, and zoned R-A, Residential Agricultural.
Proposal: The applicant intends to develop the property for single family residential use
in the future. Property line adjustments and lot splits to create tracts to develop have
already been submitted. 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. 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/large lot residential use, surrounding infrastructure improvements,
transitioning from the existing low-density R-A zoning to higher density RSF-4 zoning,
among other items.
V4 9a
City Council MAig of March 15, 2005
Agenda Item Number
Staff finds that rezoning this property to allow development of a maximum of four single
family dwellings per acre is consistent with land use policies, planning and development
currently occurring in the immediate area.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1378 FOR PROPERTY
LOCATED AT THE SOUTH SIDE OF HWY 16E AND WEST OF
DEAD HORSE MOUNTAIN ROAD, CONTAINING
APPROXIMATELY 15 . 12 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. j
PASSED AND APPROVED this day of , 2005.
APPROVED:
By.
DAN GOODY, Mayor
ATTEST:
By:
Sondra Smith, City Clerk
EXHIBIT "A"
RZN 05-1378
A PART OF THE NEIA OF THE SW 1 /4, SECTION 25, T- 16-N, R-30-W, DESCRIBED
AS BEGINNING AT THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT,
THENCE S02035 '26"W 659.61 FEET; THENCE N87°01 '29"W 1000.79 FEET; THENCE
NO2059'21 "E 659.85 FEET; THENCE S87°00'36"E 996.20 FEET TO THE POINT OF
BEGINNING, CONTAINING 15 . 12 ACRES, MORE OR LESS, FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS �
A / i
0 0
ae i�ev111e PC Meeting of February 14, 2005
Y 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 05-1378: (GOFF/HALL, 644): Submitted by MEL MILHOLLAND for property located
at THE S SIDE OF HWY 16E, W OF DEAD HORSE MTN. RD. The property is zoned R-A,
RESIDENTIAL-AGRICULTURAL and contains approximately 15. 12 acres. The request is to
rezone the subject property to RSF-4, Residential Single-family, 4 units per acre.
Property Owner: DEWITT GOFF Planner: Jeremy Pate
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
PLANNING COMMISSION ACTION: Required YES
CEJ Approved O Denied
Date: February 14, 2005 51- o uo : e1WiLW0ee , 4Hh4s1QSV4tr
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: March 15, 2005 (1st reading if recommended)
BACKGROUND:
Property description: The subject property is located on both sides of Dead Horse Mountain
Road, east of the West Fork of the White River, south of Goff Farm Road. Property to the
northeast is developed as Stonebridge Meadows Golf Course, with various phases of Stonebridge
Meadows Subdivision either constructed or in the process of being constructed. 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, and zoned R-A,
Residential Agricultural.
Proposal: Staff anticipates 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. (see attached letter
from the applicant's representative). RSF-4 allows for a range of residential density from 0 to 4 units
K:IReporaCO051PC Reportr102-14-051RZV 05-1378 (GOFF-HALL).doc
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per acre in a development pattern that is compatible with much of the residential development within
the City of Fayetteville.
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 development
pattern that is uniform and consistent with the land use patterns identified on the Future Land
Use Plan..
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Single family homes Planning Area, current request for R-A
South Agricultural, single family Planning Area
East Golf course, agricultural R-A, Residential Agricultural
West Single family homes, R-A, Residential Agricultural, current request
agricultural for RSF-4
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 dedication, 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 ingress/egress to 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
the connection point shall be conducted prior to development.
Fire: The subject property is located 2.9 miles from Fire Station #5 . 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
KAReporaL7005TC ReponaW-14-05WZN 05-1378 (GOFXHALL).doc
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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 General
Plan designates this area for residential use, which is compatible with the
proposed RSF-4 zoning. Development at this density adequately supports
and is served by existing and 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. 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 and
developed as residential communities.
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 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
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
klRepora110051PC Reports101-14-051RU 05-1378 (GOFP-11ALL).doc
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
15-acre tract would allow for a maximum of 7 dwelling unit (1 unit / 2 acres).
With the proposed RSF-4 designation, 60 dwelling units would be permitted.
Rezoning the property increases the possible number of residential units and
population, but is consistent with land use patterns and zoning in the district.
Additionally, a the property is bisected by Deadhorse Mountain Road, a
Minor Arterial requiring 90 feet of right-of-way 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 . 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
R:Vieports11005NC ReporaW-14-051RZN 05-1378 (GOFF-HALL).doe
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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 RSF-4 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 City-wide uses by right
I ) Permitted uses. 11 Unit 8 1 Single-family dwelling
Unit 1 Ci -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 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 City-wide uses by conditional use permit Unit 9 Two-family dwellings
Unit 4 Cultural and recreational facilities Unit 24 Home occupations
Unit 20 Commercial recreation, large sites Unit 36 Wireless communications facilities
Unit 24 Home occupations
Unit 36 Wireless communications facilities (C) Density.
C) Dcnsi Single-family Two-family
11 Units per acre One-halfdwellin s dwellings Units er acre 4 or less 1 7 or less
(D) Bulk and area regulations.
Lot width minimum 200 ft. (D) Bulk and area regulations.
Lot Area Minimum:
Residential: 2 acres Single-family Two-family
Nonresidential: 2 acres dwellings dwellings
Lot area per dwelling unit 2 acres Lot minimum width 70 ft. 80 ft.
Lot area minimum 8,000 sq. ft. 12,000 sq. ft.
Land area per 8,000 sq. ft. 6,000 sq. ft.
(E) Setback requirements. dwelling unit
(E) Setback requirements.
11 Front Side Rear
35 ft. 1 20 ft. 35 ft. Front SideRear
25 ft. 8 ft. 20 ft.
(F) Height requirements. There shall be no
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 a by all buildings shall not exceed 40% of the total
distance of 1 .0 foot for each foot of height in area of such lot.
excess of 15 feet. Such setbacks shall be measured
from the required setback lines.
(G) Building area. None.
K:IReponsp005NC ReporaIO2-14-05VtZN 05-1378 (GOFF-11ALL).doc
FAYE �r%EVILLE
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,
a
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 (WILKINSI
245) submitted by MEL HOLLAND for property located AST OF SALEM ROAD,
NORTH OF THE CRYSTAL SPRINGS, PHASF . 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 the 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): Submitted ' HOLLAND for
the property located at 2577, 2216, 2844, 2822 DEADHO TN. 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 ,ayetteville.
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
the very outer fringes of our current service area.
In reference to RZN 05-1371:
property located at 2577 DEAD
RESIDENTIAL-AGRICULTU
is to rezone the lich..ptpZrty
FAYETTEVILLE POLICE DEPARTMENT
P.O. 80X 1988
FAYETTEVILLE, ARKANSAS 72702-1988
HALL, 645, 684):
HORSE .
and contains al
RSF-4, Residential
Submit -JOLLAND, for
The property is zoned R -A,
)proximately 125.50 acres. The request
Single-family, 4 units per acre.
(DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701
JAIL: 140-A WEST ROCK STREET 72701
PHONE: 479-587-3555 FAX: 479-587-3522
0 0
It is the opinion of the Fayetteville Police Department that thizetttTig will substantially
alter the population density however it will not create a esirable increase on police
services. This annexation will increase our !9penEtime to calls for service because this
property is on the very outer fringes o current service area. We do recommend that the
road system be improved on orse Mountain Road to accommodate the increased
traffic and emergency onse
4In reference to RZN 05-1378: (HALL, 644): Submitted by MEL HOLLAND, for
property located at THE S SIDE OF HWY 16E, W OF DEAD HORSE MTN. RD. The
property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately
15.12 acres. The request is to rezone the subject property RSF-4, Residential Single-
family, 4 units per acre.
It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially 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., 678-7 ubmitted by STEVE
CLARK for the property located at S. SCHOOL AV , E OF HWY 71 AND N OF
WHILLOCK STREET. The property is zo F-4 SINGLE FAMILY —4
UNITS/ACRE and contains approxi y 2.536 acres. The request is to rezone the subject
property to C-2,
It is the opini9p..efThe Fayetteville Police Department that this rezoning will not
substantalter the population density and thereby undesirably increase the load on
po ' services or create and appreciable increase in traffic danger and congestion in the
area.
In reference to RSN 05-1374: (CORNE
FUGITT for property located at 1144 FL
SINGLE FAMILY -4 UNITS/ACRE and
to rezone the subject property to R
E/FU L, 402): Submitted by KIM
VE. t11The property is zoned SRF-4,
approximately 0.53 acres. The request is
Office.
It is the opinion of the F 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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mseLnd (_ mpany fJ2imering &Surveying _ 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
FAYE'ITEVILLE
113 West Mountain Street
Fayetteville, Arkansas 72701
RE: Annexation request of Hall property
ANX 05-1370 Hall; RZN 05-1371 Hall; RZN 05-1378 Goff/Hall
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. Mr. 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 Center Street; Fayetteville, Arkansas 12701; Phone: (479) 443-4124; Fax: (479) 443-4707; E-mail: MC0engr@swbell.net
a
Wi&&ndC� REGISTRATIONS:
&ineeriny &Sw efinff PE: AR, MO
Melvin L. Milholland, PE, PLS PLS: AR
Thomas M. Jefcoat, RLA, REM, CPESC 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 at his
expense the opportunity to sign a petition expressing interest to be part of a 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 of a community of neighboring land owners.
These petitioners have 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 application request for annexation.
Sincerely,
Milholland Company
Melvin L. Milholland, P.E., R.L.S.
NLC, INC
Clint McDonald
205 West Center Street; Fayetteville, Arkansas 72101; Phone: (479) 443-4124; Fat (479) 443-4707; E-mail: MC0engr(o. swbell.net
40 0
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 1/11th 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
Corner 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 located South 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: REZONING MAP E- 705
A PART OF SECTION 25, BEING A PART OF THE NW4
AND A PART OF THE t4 OF THE SW4, 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 58707 '09"E 1653.58 FEET TO A POINT ON
In THE NORTHERN BOUNDARY OF SAID SECTION 25;
O THENCE S02'44'26 "W 3301.28 FEET;
THENCE N8TO1'29"W 1658.44 FEET TO A POINT ON
THE WESTERN BOUNDARY OF SAID SECTION 25;
THENCE N02'49'30"E 3301.42 FEET TO THE POINT
OF BEGINNING, CONTAINING 125.505 ACRES, MORE OR
LESS, WASHINGTON COUNTY, ARKANSAS.
AND ALSO: A PART OF THE NE4 OF THE SW4 ,
SECTION 25, T -16-N, R -30-W, DESCRIBED AS BEGINNING
AT THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT,
THENCE 50735'26"W 659.61 FEET;
THENCE N87'01 '29"W 1000.79 FEET;
THENCE N0259'21 "E 659.85 FEET;
THENCE S87'00'36"E 996.20 FEET TO THE POINT OF
BEGINNING, CONTAINING 15.12 ACRES, MORE OR LESS,
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS.
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OWNER:
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Jeremy Pate
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
Contracts
15 -Mar -05
City Council Meeting Date
Planning
Division
Action Required:
Operations
Department
RZN 05-1378: (Goff/ Hall, 644): Submitted by Mel Milholland for property located south of Hwy. 16 East, west of Dead Horst
Mtn. Road containing approximately 15.12 acres. The request is to rezone the subject property from R -A, Residential
Agricultural 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 EJ
Department irector
(2:Tr
City Attorner
n/a
Funds Used to Date
n/a
Remaining Balance
Budget Adjustment Attached EJ
n/a
Program / Project Category Name
n/a
Fund Name
Previous Ordinance or Resolution # n/a
2S OS Original Contract Date: n/a
Date
Original Contract Number: n/a
' Z S - OY Received in City Clerk's Office
Date
Clarice Pearman - Ord. Nos. 4688, 4689 4691, and 4692 Page 1
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
NORTHWEST ARKANSAS EDITION
CflVOFFAYtI IL' F
AFFIDAVIT OF PUBLICATION
I, , do solemn)Y 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:
2./(d?a was inserted in the regular editions on
PO#
** Publication Charge: $ //(p_
Subscribed and sworn to before me this
3 day of (_, 2005.
Notary Public �I1�Gams
Tlene �Puib
My Commission Exp)reaat -" Uses
State oi�ss�o
MY Gom ll t820t
** Please do not pay from /�vit. ,
An invoice will be sent.
1N ORDINANCE REZONING THAT PROPERTY
)ESCRIBED IN REZONING PETITION RZN 05-1378
OR PROPERTY LOCATED Al THE SOUTH SIDE OF
ANY 16E AND WEST OF DEAD HORSE MOUNTAIN
LOAD. CONTAINING APPROXIMATELY 15.12 ACRES
-TOM R -A, RESIDENTIAL AGRICULTURAL TO RSF-
t, RESIDENTIAL SINGLE FAMILY. FOUR UNITS PER
\CRE
•
ye ARK e
APK ANSAS
BE IT ORDAINED EV THE Cm COUNCIL ott THE CITY OF FAYETYEVILLS, ARKANSAS:
3oction 1: That the zone damfica9on of the following deecdbed9repedy Is hereby changed as folays:
From R -A, Residential Agr1cutuS to RSF-4, Residential Single FaeNy, four units per acre, as shown In
Exhibit'Aattached hereto and made a part hereof.
Section 2: That the offidal zoning map of the City of FayetteNle. Manses. Is hereby emended to reflect
the zoning change proMded In Sector 1 above.
PASSED and APPROVED ut5th day of Ann, 2005.
By:
DAN COODY, Mayor
EK 1184T'A'
RZN 05-1378
SECTION 25. T -16-N, R -30-W, DESCWBED AS BEGINN,NG
FORTY ACRE TRACT, THENCE S02.35'26N 659.61 FEET:
THENCE NO2.59'21'E 659.85 FEET; THENCE S87'C, '38E
J NG. CONTMNNG 15.12 ACRES, MORE OR LESS, FAYET-
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-442-1700 • 479-442-5477 (FAX)
I
THANK YOU!
Arkansas Democrat -Gazette, NW Ed.
212 N. East Avenue
Fayetteville, AR 72701
479-442-1700
VISA PURCHASE
CARD #************4345*
EXPIRATION DATE
DATE 04-13-2005 #002980 A
TIME 12:55:40
SALE 104.16
APPROVED 092314
AVS: YES
CLERK :
MERCH ORDER#
ITEM DESC
X
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