HomeMy WebLinkAboutOrdinance 4712 I
IIIIIIIIII VIII VIII IIIIIIIIIIIIIIIIIIII VIII IIIIIIIIIIIIIII VIII IIIIIIII
ID : 008701280002 Tvoe : REL
Recorded : 07/14/2005 at 02 : 38 : 44 PM
Fee Amt : $11 . 00 Pace 1 of 2
Mashlnoton Countv . AR
Bette Stamos Circuit Clerk
ORDINANCE NO. 4712 File2006_nnnaqo661
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 05- 1471 FOR
APPROXIMATELY 36.99 ACRES LOCATED AT 5150 AND
5270 E. HUNTSVILLE ROAD FROM R-A, RESIDENTIAL-
AGRICULTURAL TO RSF-45 RESIDENTIAL SINGLE-
FAMILY, FOUR UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zoning 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 Th day of June, 2005.
, APPR VED:
SG,
; FAYETTEVILLE ' By:
GOODY, Mayor
.
ys.9,QKANSPC'J�'':
ATTEST: '�y;NGTON ,�``��•
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 05-1471
PART OF THE W1 /2, NWI/4 OF SECTION 20, T16N, R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SW CORNER OF SAID NW THENCE N0001 5'34"E
1705.44 FEET, THENCE S84014'269tE 412.50 FEET, THENCE N6301513411E
250.79 FEET, THENCE S8704412611E 1 .41 FEET, THENCE S87044'26"E 262.73
FEET, THENCE N62° 15'34"E 36.61 FEET, THENCE S0001 513419W 1781 .62 FEET,
THENCE N89044'26"W 294.90 FEET, THENCE S89°42'31 "W 635.50 FEET TO
THE P.O.B. ; CONTAINING 36.99 ACRES MORE OR LESS SUBJECT TO
EASEMENTS AND RIGHT OF WAY RECORD.
Washington County, AR
I ceAify this instrument was filed on
07/114/2005 02:38:44 PM
and recorded in Real Estate
File Number 2005-00030661
Bette Stamps - Circuitit ClClerk 6
by
D161D
City Council Peting of June 07, 2005
Agenda Item Number
CITY COUNCIL AGENDA MEMO A;M O5 , Ig7V
To: Mayor and City Council S/SD ¢ �✓s�7�
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: May 20, 2005
Subject: Rezoning for Phillips/Baggett (RZN 05- 1471 )
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 36.99 acres
of property from R-A, Residential Agricultural, to RSF-4, Residential Single Family, 4
units per acre.
BACKGROUND
The subject property contains 36.99-acres owned by the Phillips and Baggett. It is
located north of Huntsville Road (Hwy 16 East) and Sequoyah Meadows Subdivision.
Property to the east is owned by the Lanes and currently under consideration for
annexation into the City of Fayetteville. At this time, the property is currently used for
single family and agricultural uses. The West Fork of the White River is the northern
boundary of the subject property, and a tributary of this river bisects the eastern portion
of the property. With approval of ANX 05- 1470, the northern 29.59 acres will be zoned
R-A, Residential Agricultural, and the 7.4 acres currently within the city is zoned R-A,
Residential Agricultural.
The subject property contains properties owned by Phillips and Baggett. According to
the letter submitted by the applicant, the owner of the larger 25 .01 -acre tract intends to
develop this property for single family use at a maximum density of 4 units per acre. The
owner of the smaller 11 .98-acre tract does not have intensions to develop at this time.
The request is to rezone both tracts of property RSF-4, Residential Single-family, 4 units
per acre.
Staff recommended approval of the request to rezone the subject property RSF-4. No
public comment was received regarding this request.
DISCUSSION
This item was heard at the regular Planning Commission on May 09, 2005. The Planning
Commission voted 7-2-0 to forward this item to the City Council with a recommend in
favor of the rezoning, with Commissioners Ostner and Clark voting no.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1471 FOR APPROXIMATELY
36.99 ACRES LOCATED AT 5150 AND 5270 EAST
HUNTSVILLE ROAD FROM R-A, RESIDENTIAL-
AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE-FAMILY, 4
UNITS PER ACRE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
\
Section 1 : That the zone classificati11� on of the following described
property is hereby changed as follows:'
From R-A, Residential-Agricultural, to\RSF4,Residential Single-Family, 4
units per acre, as shown in Exhibit "A" attached hereto and made a part hereof.
Section 2. Thaf'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:
j
By:
�A V DAN COODY, Mayor
� 1
ATTEST: \,
By: ` \
Sondra Smith, City/Clerk
v
EXHIBIT "A"
RZN 05-1471
PART OF THE W1 /2, NWI /4 OF SECTION 20, TI6N, R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
COMMENCING AT THE SW CORNER OF SAID NW THENCE N00° 15'34"E
1705.44 FEET, THENCE S8401412611E 412.50 FEET, THENCE N63015134"E
250.79 FEET, THENCE S87044'26"E 1 .41 FEET, THENCE S87°441261'E 262.73
FEET, THENCE N62° 15'34"E 36.61 FEET, THENCE S00015'34"W 1781 .62 FEET,
THENCE N89044'26"W 294.90 FEET, THENCE S89°42'31"W,635 .50 FEET TO
THE P.O.B. ; CONTAINING 36.99 ACRES MORE OR LESS SUBJECT TO
EASEMENTS AND RIGHT OF WAY RECORD.
n
r
� \NN'
\ 7
a�\7,\\y/jye LLMHe PC Meeting of May 09, 2005
! ARKANSAS
°
THE CITY OF FAYETTEVILLE125 W. Mountain St., ARKANSAS Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM : Suzanne Morgan, Associate Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: May 4, 2005
RZN 05-1471 : Rezoning (PHILLIPSBAGGETT, 571): Submitted by MICHELE, A
HARRINGTON for property located at 5150 AND 5279 E HUNTSVILLE RD. The property is
zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 36.99 acres. The
request is to rezone the subject property to RSF-4, Residential Single-family, 4 units per acre.
Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
PLANNING COMMISSION ACTION: Required YES
00 Approved O Denied
Date: May 09, 2005 M ,} , , {. f1Pe. Tom,. /(„ , Z 7, 2y0
wi+fL os(.wr
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: June 07, 2005 (1st reading if recommended)
BACKGROUND:
Property description: The subject property contains part of two tracts totaling 36.99-acres
owned by the Phillips and Baggett. It is located north of Huntsville Road (Hwy 16 East) and
Sequoyah Meadows Subdivision. Property to the east is owned by the Lanes and currently under
consideration for annexation into the City of Fayetteville. At this time, the property is currently
used for pasture with several single family homes located on the property. It is within the
Planning Area and adjacent to the City limits along the southern property line and east property
line should the proceeding ANX 05- 1451 be approved by the City Council. The West Fork of
the White River is the northern boundary of the subject property, and a tributary of this river
bisects the eastern portion of the property. With approval of ANX 05- 1470, the northern 29.59
acres will be zoned R-A, Residential Agricultural, and the 7.4 acres currently within the city is
zoned R-A, Residential Agricultural.
K:IReponsp0051PC ReporaIO5-09-O51RZN OS-1171 (Phillips R Baggett).doc
0 0
Proposal: The developer intends to develop this property for single family use at a maximum
density of units per acre. The request is to rezone the property RSF-4, Residential Single-family, 4
units per acre.
Recommendation: Staff recommends approval of the rezoning request to rezone the subject
property RSF-4. The proposed zoning is compatible with the General Plan 2020 and the
surrounding developed properties currently within the City of Fayetteville.
SURROUNDING LAND USE AND ZONING :
Direction Land Use Zoning
North West Fork of the White River; Planning Area
pasture
South Vacant/Pasture R-A, Residential Agricultural
East Vacant/Pasture Planning Area (RSF-4, Res. Single
Family — 4 units/acre proposed)
West Single Family Home; pasture Planning Area
INFRASTRUCTURE:
Streets: Currently the site has access to East Huntsville Road. Road improvements per
AHTD, City of Fayetteville, and dedication per the master street plan are required.
Surrounding Master Street Plan Streets:
South: Huntsville Rd (Principal Arterial)
East: Mally Wagnon (Collector), Country Ridge and Deerfield Way (Local)
Water: Public water is adjacent to the site. There is an 8" main along East Huntsville
Road. Water service will need to be extended within the property at the time of
development. Additional connections may be required to complete a looped
system. This may include an off-site connection to be determined at a later date.
Sewer: The site has access sanitary sewer. There is a 6" sewer main along the east half of
the property. Sewer will need to be extended within the property at the time of
development. A capacity analysis of the sewer lines and/or lift stations
downstream of the site shall be conducted prior to development.
Fire: The subject property is located approximately 3 .9 miles from the Fire Station #5 .
Response time to the property is 8 minutes with a projected response time at full
build-out to be approximately 8 minutes with 34 annual calls for service. This
does not take into account the decreased response time for the future Fire Station
at the Tyson complex on Huntsville Road.
Police: It is the opinion of the Fayetteville Police Department that this rezoning will
substantially alter the population density and will possibly create an undesirable
K:IRepor1s11005NC Repora105-09-05V?ZN 05-1471 (Phillips & Baggerr).doc
0 •
increase on police services. This rezoning will increase our response time to calls
for service because this property is on the outer boundaries of our current service
area. The potential of creating 147 new homes will increase the traffic on an
already congested arterial roadway, (Huntsville Road).
LAND USE PLAN: The General Plan 2020 Future Land Use Plan designates this site as
Residential.
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 majority of property adjacent to the subject property is located within
the Planning Area and consists of large tracts of land developed for single
family and agricultural uses. Deerfield Place (RSF-4 and R-O) and
Sequoyah Meadows (RSF-4) are a few of the surrounding properties within
the city which have been subdivided for single family use. Development of
the subject 36.99 acres is consistent with surrounding developments.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Should the annexation request for the 29.59 acres north of the existing city
limits be approved, the property is zoned R-A by default. The applicant is
requesting consideration of rezoning this property and the property
currently within the City of Fayetteville to RSF-4 for future development.
Staff finds that this zoning is compatible with the General Plan 2020 and
surrounding developments within the City.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The additional density will create an increase in the amount of traffic
currently utilizing Huntsville Road and intersecting streets. The West Fork
of the White River to the north of this and surrounding properties may
prevent a northern street connection. No north-south street connection is
identified on the Master Street Plan between Mally Wagnon Road and Starr
Drive, an unconstructed street. Staff recommends connectivity between
future development of this property and surrounding properties to allow for
many alternative routes of travel to Huntsville Road.
K:IRepons12005PC Reportsl05-09-05VL7N05-/J7/ (Phillips & Bagge0).da
• •
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 will increase population density from that zoning
currently in place. The 36.99 acre tract under an R-A zoning designation
would allow for a maximum 18 single family residential dwelling units. With
the proposed RSF-4 designation, a maximum of 147 single family dwelling
units would be permitted.
Increased load on public services were taken into consideration and
recommendations from Engineering, Police and Fire Department are
included in this report.
Police Comments: It is the opinion of the Fayetteville Police Department that
this rezoning will substantially alter the population density and will possibly
create an undesirable increase on police services. This rezoning will increase
our response time to calls for service because this property is on the outer
boundaries of our current service area. The potential of creating 147 new
homes will increase the traffic on an already congested arterial roadway,
(Huntsville Road)..
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
KJRepor1s120051PC RepornI05-09-05ViZN 05-1471 (Phillips & Baggeit).doc
161.03 District R-A, Residential-Agricultural 161.07 District Rsf-4, Residential Single-
Family
ingleFamily — 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 b right
I Permitted uses. Unit 8 Sin le-famil 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 Ci -wide uses b conditional use permit Unit 9 Two-tamil 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) Density, Single-family Two-family
Units per acre One-half dwellings dwellin s
Units er acre 4 or less 7 or less
(D) Bulk and area regulations.
(D) Bulk and area regulations.
Lot width minimum 200 ft.
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.
dwellin unit
(E) Setback requirements.
Front Side Rear (E) Setback requirements.
35 ft. 20 ft. 35 ft.
(F) Height requirements. There shall be no Front Side Rear
25 ft. 8 ft. 20 ft.
maximum height limits in the A- I District,
provided, however, that any building which (F) Height. None.
exceeds the height of 15 feet shall be setback from
any boundary line of any residential district a (G) Building area. On any lot the area occupied
distance of 1 .0 foot for each foot of height in by all buildings shall not exceed 40% of the total
excess of 15 feet. Such setbacks shall be measured area of such lot.
from the required setback lines.
(G) Building area. None.
K.IReporn12005PC Reporb105-09-05ViZN 05-1171 (Phillips & Baggetu.doc
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FAYE*EVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
May 2, 2005
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
This document is in response to the request for a
Annexation ANX 05-1470 HILL
HARRINGTON for property 1 to
substantially alter the population de
public services and created an apprt
property is in the planning area and
annex the subject property into the
at 5150 and
pity and ther5W undesirably increase the load on
i�rhe incr96e in traffic danger and congestion. This
>ntal pproximately 29.59 acres. The request is to
POLICE DEPARTMENT
,termmatio of whether the proposed
T, 571 . submitted by MICHELLE A
27 . HUNTSVILLE ROAD would
It is the opinion of the Fayetted Police Department at this annexation will not
substantially alter the popul on density or create an unde ' able increase the load on
police services nor will create an appreciable increase in traffic danger and congestion in
the area.
In reference to RZN 05-1471 (PHILLIPSBAGGETT, 571): submitted by submitted by
MICHELLE A HARRINGTON for property located at 5150 and 5270 E. HUNTSVILLE
RD. The property is zoned R -A, RESIDENTAIL-AGRICULTURAL and contains
approximately 36.99 acres. The request is to rezone the subject property to RSF-4,
Residential Single Family, four units per acres.
It is the opinion of the Fayetteville Police Department that this rezoning will substantially
alter the population density and will possibly create an undesirable increase on police
services. This rezoning will increase our response time to calls for service because this
property is on the outer boundaries of our current service area. The potential of creating
147 new homes will increase the traffic on an already congested arterial roadway,
(Huntsville Road.)
FAYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100•A WEST ROCK STREET 72701
P.O. BOX 1988 JAIL' 140-A WEST ROCK STREET 72701
FAYETTEVILLE, ARKANSAS 72702.1988 PHONE: 479-587.9555 FAX: 479.587-3522
In reference to RZN 05-14
WIMBERLY, for property
SINGLE FAMUKY-4 UNI
is to rezone the subject pro
[MBER,IX, 368): Submitted by DAVID & SALLY
at !,5ST. ELM STREET. The property is zoned RSF-4,
and contains approximately 0.26 acres. The request
R- , Residential Office.
It is the opinion of the F etteville Police 5epartment that this rezoning will not
substantially alter ih opulation density nor will it create an undesirable increase on police
services.
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.
Sincere
Captain Will' Brown
Fayetteville Police Department
Rezoning Application
5. A written description of this request addressing the following items:
a. Current ownership information and any proposed or pending property sales.
Tract 1 is owned by:
Carolyn Baggett
5150 Huntsville Rd.
Fayetteville, AR 72701
Tract 2 is owned by Kevin and Laura Phillips.
5270 E. Huntsville Rd.
Fayetteville, AR 72701
There are no pending property sales. This property would be divided
into lots, which will be sold for residential construction.
b. Reason (need) for requesting the zoning change.
The zoning change is requested
to allow
this
property to be
subdivided into residential
lots not to
exceed 4
lots/acre.
C. Statement of how the property will relate to surrounding properties in terms of
land use, traffic, appearance, and signage.
There are only approximately 70 lots proposed in Tract 1 at this time,
and Tract 2 will not be platted in the near future, and therefore this
development will not appreciably increase traffic danger and
congestion on Highway 16. The appearance of the houses to be built
would be compatible with existing houses in the area. The only
signage would be an entry sign with the subdivision name on it.
d. Availability of water and sewer (state size of lines). This information is available
from the City Engineering Division.
There is a 6" sewer line running from the South part of the property
to the North. It is located just East of Tract 1 and runs through Tract
2. The 6" line connects to a 10" line just North of the property. There
is an 8" water line running along the South border of the property.
Rezoning Application
6. The Planning Commission is required to make specific findings with regard to
this application. The applicant shall provide written statements addressing the
following:
a. The degree to which the proposed zoning is consistent with land use planning
objectives, principals, and policies and with land use and zoning plans.
This is an opportunity for the City to have these two parcels of highway
frontage, where growth is rapidly occurring, within the City's control so
that it will develop to City standards.
b. Whether the proposed zoning is justified and/or needed at the time of the
request.
The rezoning is needed facilitate and control residential expansion in
Fayetteville to the southeast.
c. Whether the proposed zoning will create or appreciably increase traffic danger
and congestion.
There are only approximately 70
lots proposed in Tract
1 at this time,
and Tract 2 will
not be platted
in the near future, and
therefore this
development will
not appreciably
increase traffic danger
and congestion
on Highway 16.
We understand that Highway 16 is
scheduled for
improvements by
the State.
d. Whether the proposed zoning will alter the population density and thereby
undesirably increase the load on public services including schools, water, and
sewer facilities.
According
to the engineer,
the water and sewer lines
available for this
subdivision
are adequate to
support the number of lots
proposed.
e. Why it would be impractical to use the land for any of the uses permitted
under its existing zoning classification.
The existing zoning is Agricultural (R -A). It is appropriate to rezone to
residential before residential development would take place.
f. Note: The legal descriptions for the rezoning are not identical to those for the
annexation for the reason that highway frontage has already been annexed by
the City of Fayetteville.
PROPERTY TO BE ANNEXED (ENTIRE)
PART OF THE WI/2, NWIA OF SECTION 20, T16N, R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF SAID NW I/4 THENCE N00° 15'34 "E 335.00
FEET TO THE P.O. B., THENCE N00°15'34"E 1370.44 FEET, THENCE
S84°14'26" E 412.50 FEET, THENCE N63°15'34"E 250.79 FEET, THENCE
S87°44'26"E 1.41 FEET, THENCE S87°44'26"E 262.75 FEET, THENCE
N62°15'34"E 36.61 FEET, THENCE S00 15'34"W 1421.62 FEET, THENCE
S89°52'59"W 294.91 FEET, THENCE S89°52'59"W 635.48 FEET TO THE
P. O.B.; CONTAINING 29.59 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND
RIGHT OF WAY RECORD.
PROPERTY TO BE ANNEXED (TRACT I)
PART OF THE WI/2, NW 1/4 OF SECTION 20, TI6N, R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF SAID NW 1/4 THENCE N00°I5'34"E 335.00
FEET TO THE P.O.B., THENCE N00°15'34"E 1370.44 FEET, THENCE
S84°l4'26"E 412.50 FEET, THENCE N63°15'34"E 250.79 FEET, THENCE
S87°44'26"E 1.41 FEET, THENCE S00°l5'34"W 1440.54 FEET, THENCE
S89°52'59"W 635.48 FEET TO THE P.O.B.; CONTAINING 19.87 ACRES MORE
OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY RECORD.
PROPERTY TO BE ANNEXED (TRACT 2)
PART OF THE WI/2 NW I/4 OF SECTION 20, T16N, R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE SW CORNER OF SAID NW I/4 THENCE N00°15'34"E 335.00
FEET, THENCE N89°52'59"E 635.48 FEET TO THE P.O.B., THENCE
N00°15'34"E 1440.54 FEET, THENCE S87°44'26"E 262.73 FEET, THENCE
N62°l5'34"E 36.61 FEET, THENCE S00°15'34"W 1446.62 FEET, THENCE
S89°52'59"W 294.91 FEET TO THE P.O.B.; CONTAINING 9.72 ACRES MORE OR
LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY RECORD.
PROPERTY TO BE REZONED (ENTIRE)
(R -A TO RSF-4)
PART OF THE WI/2, NW I/4 OF SECTION 20, T16N, R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF SAID NW THENCE N00°15'34"E
1705.44 FEET, THENCE S84°14'26"E 412.50 FEET, THENCE N63°15'34m
250.79 FEET, THENCE S87°44'26"E 1.41 FEET, THENCE S87°44'26"E 262.73
FEET, THENCE N62° 15'34"E 36.61 FEET, THENCE S00° 15'34"W 1781.62 FEET,
THENCE N89°44'26"W 294.90 FEET, THENCE S89°42'31"W 635.50 FEET TO
THE P.O.B.; CONTAINING 36.99 ACRES MORE OR LESS SUBJECT TO EASEMENTS
AND RIGHT OF WAY RECORD.
PROPERTY TO BE REZONED (TRACT 1)
(R -A TO RSF-4)
PART OF THE WI/2, NW 1/4 OF SEC TION 20, T16N, R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF SAID NW 1/4 THENCE N00° 15'34"E
1705.44 FEET, THENCE S84°14'26"E 412.50 FEET, THENCE N63°15'34"E
250.79 FEET, THENCE S87°44'26"E 1.41 FEET, THENCE S00°15'34"W 1773.60
FEET, THENCE S8904293 1"W 635.50 FEET TO THE P.O.B.; CONTAINING 25.01
ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGIIT OF WAY RECORD.
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PROPERTY TO BE REZONED (TRACT 2)
(R -A TO RSF-4)
PART OF THE WI/2, NW 1/4 OF SECTION 20, TI6N, R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF SAID NW 1/4 THENCE S89°42'31"E 635.50
FEET TO THE P.O.B. THENCE N00O1 5'34"E 1773.60 FEET, THENCE
S87°44'26"E 262.73 FEET, THENCE N62°15'34"E 36.61 FEET, THENCE
S00O1 5934"W 1781.62 FEET, THENCE N89°44'26"W 294.90 FEET TO THE
P.O.B.; CONTAINING 11.98 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND
RIGHT OF WAY RECORD.
EXH131T "A"
PROPERTY TO BE REZONED
AS SUBMITTED 8Y THE APPLICANT
MAR 3 1 2005
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Planning Commission • •
May 9, 2005
Page 66
ANX 05-1470: Annexation (PHILLIPSBAGGETT, 571): Submitted by MICHELE, A
HARRINGTON for property located at 5150 AND 5270 E HUNTSVILLE RD. The
property is in the Planning Area and contains approximately 29.59 acres. The request is
to annex the subject property into the City of Fayetteville.
RZN 05-1471: Rezoning (PHILLIPSBAGGETT, 571): Submitted by MICHELE, A
HARRINGTON for property located at 5150 AND 5279 E HUNTSVILLE RD. The
property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately
36.99 acres. The request is to rezone the subject property to RSF-4, Residential Single-
family, 4 units per acre.
Ostner: The next item on our agenda tonight is another annexation request, ANX
05-1470 for Phillips/Baggett, if we could have the staff report.
Morgan: Many of the items and findings for this annexation are similar to the
annexation that we just heard. Actually, one of the reasons that the Lane
annexation was tabled at the last meeting was so that it could come in with
this item. This property is approximately 30 acres and it is located just
west of the subject property which we just heard. It contains two pieces of
property owned by the Phillips and the Baggett's. Staff finds that
annexation of this property along with the adjacent property will create an
appropriate boundary for the city abutting to the north of the river. We
have found therefore, that we are recommending in favor of the
annexation. As for the rezoning, it is somewhat of a similar situation as
the previous application. The rezoning encompasses a portion of the
property that is currently in the city. It is zoned R -A, Residential
Agricultural at this time and is shown to be residential on the Future Land
Use Plan. Therefore, staff is recommending for the RSF-4 zoning rezoning
all of that property to RSF-4. Thank you.
Allen: Thank you. Is the applicant present?
Harrington: I am Mickey Harrington representing both the Baggett's and the Phillips
who are here this evening. We made a significant effort early on talking
to some people before they ever came forward with this project. We
certainly spent time talking with the Police Department and were advised
in our early contacts that there were absolutely no concerns. So when we
saw the letter come through we were a little surprised because it was
contrary to what we had been specifically told. The only thing that we can
observe is that they did change personnel as to the persons writing these
letters not too long ago. Captain Brown is now responding so I am
thinking that as Commissioner Graves mentioned, the police may be
telling you that as you grow you are going to need to be considering
adding services in the Police Department to cover your growth. They did
not tell these applicants don't bring that forward, we can't service that
area. Of course, looking at the same map that you have with all of the
Planning Commission • •
May 9, 2005
Page 67
other developments out there and all of the land to the east of there that is
already in the city, it does seem that it makes sense to me that long ago the
city in the 1960's brought in this whole corridor out to Lake Sequoyah and
I feel the long range plan would be that these lands would fill in over this
corridor that was brought in so the city could control the growth along
there. I know that there is also some concern about controlling the riparian
corridor along the river. You are aware because of all the ones that come
to you about the problems with County development and septics and the
newer more untried community sewage systems that you have run into
with other projects, the step system and all. I know that a lot of people
have a lot of worries about how those are going to work. I would submit
to you that this land will be in the city at some point and it certainly makes
sense to bring this one in along with the Lane's property at this point and
make it RSF-4 across the board. That will be the best way for the city to
control this property and the services I believe will catch up as the growth
occurs because this won't all happen over night. It will take some time. I
think that the Phillips don't have any intent on moving fast and the
Baggett's will be slower along with the development process in the same
manner as Mr. Milholland's client moving on a pace that isn't immediate
at one time. I believe that your city will make choices to keep the services
at pace all over the place and city services including police will be able to
handle this. We submit this to you for approval and are here to answer
any questions that you have.
Ostner: At this point we will take public comment on two items, ANX 05-1470 for
Phillips Baggett and RZN 05-1471 for the same piece of property. If
anyone would like to speak to these issues please step forward and give us
your comments. Seeing none, I will close the public comment session and
bring it back to the Commission.
Clark: I am going to move that we approve ANX 05-1470 for reasons very
similar to what we just did.
Myres: I will second.
Ostner: We have a motion and a second to forward this Annexation request, is
there further discussion? Could you call the roll?
Roll Call: Upon
the completion of
roll call
the
motion to recommend approval of
ANX
05-1470 to the City
Council
was
approved by a vote of 8-0-0.
Thomas: The motion carries.
Ostner: The tandem item is RZN 05-1471 for the same piece of property. We
have already heard the staff report and the applicant's presentation. The
request is to rezone from newly annexed area, R -A to RSF-4. Once again,
Planning Commission • •
May 9, 2005
Page 68
I will ask for public comment. If anyone would like to speak to this issue
please step forward. Seeing none, I will close the public comment session
and bring it back to the Commission.
Williams: Just one point of clarification, this also includes the R -A that was in front
of that so it is slightly larger than the recently annexed area.
Ostner: Thank you Mr. Williams.
project we just discussed.
item?
MOTION:
Commissioners? This land is abutting the
Has anyone changed their mind from the last
Trumbo: I think that RSF-4 is appropriate zoning for this piece of property so I am
going to go ahead and make a motion that we approve RZN 05-1471
agreeing with the findings of staff.
Graves: I will second.
Clark: I must admit I am mystified by the apparent flip flop of the Police
Department that Ms. Harrington points out. Hopefully when this gets to
the Council they can do a little more in depth research and hopefully make
a better informed decision than I feel like I'm making right now.
Ostner: May I ask what flip flop you mean?
Clark: Ms. Harrington indicated that as they were talking about bringing this
property in the Police had no problems with the rezoning and now they do
so things have changed.
Ostner: The zoning
of an
annexation is R -A and that is
what they look at with an
annexation.
They
look at whatever one unit per
two acres.
Clark: I am talking about the rezoning.
Ostner: I thought you were referring to the Police said ok to the annexation.
Clark: No, apparently with their discussion on the rezoning the police were
supportive and now they aren't. That is the confusion I have and so
hopefully the Council will have a little more time to do fact finding and
find out what is going on.
Vaught: I agree with the rezoning, I know it sounds odd that we just said no right
next door but for the reasons stated in the 2020 Plan I think is the
difference that they called out that C-1. It is the decision that the City
Council made then and it is a decision they can revisit when that appeal
Planning Commission • •
May 9, 2005
Page 69
goes forward. Just to emphasize, it is not a contradiction in our overall
goal of mixed use along that corridor.
Ostner: I am going to vote against this tonight. I wondered how the Police
Department would ever give us anything but a complete green light and
the fact that they are at least warning us. I am going to read into the record
what they say exactly. "It is the opinion of the Fayetteville Police
Department that this rezoning will substantially alter the population
density and will possibly create an undesirable increase on police
services." It gives another sentence to support that. That is part of why
I'm voting against this. I am reading the report that I've been given and
that is the information that I have tonight. We need to wait on our eighth
voting member who is taking a break. Is there further discussion?
Vaught: I think it is a chicken and egg situation when you talk about city services
in these areas.
Ostner: There
is a
motion
to forward RZN 05-1471, hearing no further discussion,
could
you
call the
roll please?
Roll Call: Upon the completion of roll call the motion to forward RZN 05-1471 to
the City Council was approved by a vote of 5-0-3 with Commissioners
Ostner, Myres and Clark voting no.
• City of Fayetteville •
Staff Review Form
City Council Agenda Items
or
Contracts
7 -Jun -05
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
RZN 05-1471: Rezoning (PHILLIPS/BAGGETT, 571): Submitted by MICHELE, A HARRINGTON for property located at
5150 AND 5279 E HUNTSVILLE RD. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains
approximately 36.99 acres. The request is to rezone the subject property to RSF-4, Residential Single-family, 4 units per acre
Cost of this request
n/a
Account Number
n/a
Project Number
Budgeted Item
n/a
Category/Project Budget
n/a
Funds Used to Date
n/a
$
Remaining Balance
Budget Adjustment Attached
D4EFpartment Director Date
City Attorney
Fina ce and Internal Service Director Date
Mayor
n/a
Program Category / Project Name
n/a
Program / Project Category Name
n/a
Fund Name
i
Previous Ordinance or Resolution # n/a
Original Contract Date: n/a
Original Contract Number: n/a
Received in City Clerk's Office
From: Clarice Pearman
To: Pate, Jeremy
Date: 6/13/05 1:25PM
Subject: Ord. 4708, 4709, 4711, 4712 & 4713
Jeremy,
Attached are copies of the above ordinance passed by City Council June 7, 2005.
From: Clarice Pearman
To: Goddard, John; Jorgensen, Todd; Randall, Clyde
Subject: Fwd: Ord. 4708, 4709, 4711, 4712 & 4713
>>> Clarice Pearman 06/13/05 01:25PM >>>
Jeremy,
Attached are copies of the above ordinance passed by City Council June 7, 2005.
or
�� � . , II � , I� � LA, � 111 j , /,I
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Worr&upest Arrkanf"I most Wider Read NewsPapev"
AFFIDAVIT OF PUBLICATION
I, Erin Emis. 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:
inserted in the regular editions on
Publication Charge: $ 111690
60 _
Subscribed and sworn to b re me this
'JUN � 2005
/ oPFIC FVIE
ii 13E
day of 2005. 4.wYi
Notary Public Notary Public
State of Arkansas
My Commission ExpirasCommission Expires
bC101301
*' Please do not pay from Affidavit.
An invoice will be sent.
IBDINgNCE NO. 4712 - - -
IC' R0EEMNPG TH '1
ROPER Y
rnP W136,ggq�5NLOCATED4ATr1710 alit III
OE
R OBDgINED By ME w
CRY COUNCIL OF TXH CITY OF F4YH7TEYILLH. ARKANH1
3edion 1: That tha zorurg dasdfiWtpn or the tdrowing aesrzlbe0 PtoPeM I5 here
ows: by dhanq tl as,1
rom R -A, Resitlential-Agncultur . to RSF-4, Resitlential Sirgle-Family, Foul UrNs '
zhibit -W attadietl hereto antl matle a Pert hereof. Per Acre as shown
ectron 2: lhat the olfidal zonirg nup or the city of FeyeneWlle,
�e zoning charge PmNtletl in SeNon 1 above. Arkansas, is hereby ernentletl to mllo
FgBHEO e,y APPROVED this 7th day of Jane, 2005.
EXRIRfi •A.
RZN 05-1471
IN
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-571-6470