HomeMy WebLinkAboutOrdinance 4834 2110111111111111111111111111111111
19767790003 TVDe ; REL
Doe
Recorded : 03/ 17/2006 at 03 . 17 . 53 PM
Fee Amt : 514 . 00 Paoa 1 of 3
Maehlnoton County . AR
Bette Stamoe Circuit Clerk
F11e200640010926
ORDINANCE NO. 4834
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 06- 1854, FOR
APPROXIMATELY 39. 11 ACRES, LOCATED NORTH OF
WEIR ROAD AND EAST OF SALEM ROAD AND HOWARD
NICKELL ROAD, FROM R-A, RESIDENTIAL
AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE
FAMILY, 2 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, 4 units per acre, as shown on 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. `��.�`` �K1TR�"''• ,,�
R
• G� •�F •.��s
PASSED and APPROVED this 215t day of February, 2006.
FAYETTEVILLE '
APPROVED: ATTEST: . :>
'9J'�9'QkANSPC'J�,�?
By: / v!r( By:
DAN COODY, Mayor S NDRA SMITH, City Clerk
EXHIBIT "A"
RZN 06-1854
A PART OF THE SOUTHEAST QUARTER (SEI/4) OF THE SOUTHEAST QUARTER (SEI /4) OF SECTION
THIRTY (30), TOWNSHIP SEVENTEEN ( 17) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING AN EXISTING STONE MONUMENT;
THENCE S00016'33"E 653 .55 FEET ALONG THE WEST LINE OF SAID 40 ACRE TRACT TO AN EXISTING
IRON; THENCE N89°50' 16"E 972.02 FEET TO A SET 1/2" IRON REBAR FOR THE TRUE POINT OF
BEGINNING; THENCE NORTH 579.93 FEET TO A SET 1/2" IRON REBAR; THENCE EAST 302. 17 FEET TO AN
EXISTING IRON REBAR ON THE WEST RIGHT-OF-WAY LINE OF WEST SALEM ROAD, SAID POINT BEING
ON A 149.95 FEET RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE SOUTHWESTERLY ALONG
SAID CURVE AND RIGHT-OF-WAY LINE 24.78 FEET, THE CHORD FOR WHICH BEING SO4038104"W 24.75
FEET, TO AN EXISTING IRON REBAR AT THE POINT OF TANGENCY OF SAID CURVE; THENCE
S00005 '59"E ALONG SAID RIGHT-OF-WAY LINE 554.40 FEET TO AN EXISTING IRON; THENCE LEAVING
SAID RIGHT-OF-WAY LINE, WEST S89°50' 16"W 301 . 14 FEET TO THE POINT OF BEGINNING, CONTAINING
4.00 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 4.00 ACRE
TRACT BEING SUBJECT TO A TWENTY (20) FOOT WIDE UTILITY EASEMENT IN FAVOR OR ARKANSAS
WESTERN GAS CO. ALONG THE EAST BOUNDARY AND ANY OTHER EASEMENTS AND/OR RIGHTS-OF-
WAY WHETHER OR NOT OF RECORD.
A PART OF THE SOUTHEAST QUARTER (SE 1 /4) OF THE SOUTHEAST QUARTER (SEI/4) OF SECTION .
THIRTY (30), TOWNSHIRSEVENTEEN ( 17) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST
CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING AN EXISTING STONE MONUMENT; THENCE
N89054'26"E 1311 .28 FEET ALONG THE NORTH LINE OF SAID 40 ACRE TRACT TO A POINT ON THE WEST
RIGHT-OF-WAY LINE OF WEST SALEM ROAD, SAID POINT BEING ON A 149.95 FEET RADIUS CURVE
CONCAVE TO THE SOUTHEAST AND FROM WHICH AN EXISTING REFERENCE IRON BEARS S89054126"W
40.06 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE AND RIGHT-OF-WAY LINE 81 .50 FEET, THE
CHORD FOR WHICH BEING S24056'2115W 80.50 FEET, TO AN EXISTING IRON REBAR; THENCE LEAVING
SAID CURVE AND RIGHT-OF-WAY LINE, WEST 302. 17 FEET TO A SET %," IRON REBAR; THENCE SOUTH
579.93 FEET TO A SET %" IRON REBAR; THENCE S89°50' 16"W 972.02
FEET TO AN EXISTING IRON ON THE WEST LINE OF SAID 40 ACRE TRACT;
THENCE N00016'33"W 653 .55 FEET TO THE POINT OF BEGINNING, CONTAINING 15 . 12 ACRES, MORE OR
LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 15 . 12 ACRE TRACT BEING SUBJECT
TO A THIRTY (30) FOOT WIDE ACCESS EASEMENT ALONG THE ENTIRE NORTH BOUNDARY, A TWENTY
(20) FOOT WIDE UTILITY EASEMENT IN FAVOR OR ARKANSAS WESTERN GAS CO. ALONG THE NORTH
AND EAST BOUNDARY, AND ANY OTHER EASEMENTS AND/OR RIGHTS-OF-WAY WHETHER OR NOT OF
RECORD.
THE SOUTH HALF (S1/2) OF THE SOUTHWEST QUARTER (SWI/4) OF THE SOUTH WEST QUARTER (SWI /4)
OF SECTION TWENTY-NINE (29), TOWNSHIP SEVENTEEN ( 17) NORTH, RANGE THIRTY (30) WEST,
CONTAINING 19.99 ACRES, MORE OR LESS WASHINGTON COUNTY, ARKANSAS, ALSO BEING
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID 20 ACRE TRACT, SAID
POINT BEING IN SALEM ROAD AND FROM WHICH A 'h" IRON REBAR REFERENCE IRON SET ON THE
WEST RIGHT-OF-WAY OF SAID ROAD BEARS N89049'03"W 47.89 FEET; THENCE N89°49'03"W 1317.83 FEET
TO THE SOUTH WEST CORNER OF SAID 20 ACRE TRACT, SAID POINT BEING IN COUNTY ROAD #894 AND
FROM WHICH A 1/2" IRON REBAR REFERENCE IRON SET ON THE EAST RIGHT-OF-WAY OF SAID
COUNTY ROAD BEARS S89049'03"E 31 .88 FEET; THENCE N00° 17'49"E 659.59 FEET TO THE NORTHWEST
CORNER 20 ACRE TRACT AND FROM WHICH AN EXISTING REFERENCE IRON ON THE EAST RIGHT-OF-
2
WAY OF SAID COUNTY ROAD BEARS S89053 '03"E 27.91 FEET; THENCE S89°53 '03"E 1320.09 FEET TO THE
NORTHEAST CORNER OF SAID 20 ACRE TRACT, SAID POINT BEING IN SALEM ROAD AND FROM WHICH
A 1 /2" IRON REBAR REFERENCE IRON SET ON THE WEST RIGHT-OF-WAY OF SAID ROAD BEARS
N89053 '03"W 50.49 FEET; THENCE S00°29'33"W 661 . 13 FEET TO THE POINT OF BEGINNING. THE ABOVE
DESCRIBED 19.99ACRE TRACT BEING SUBJECT TO THE RIGHT-OF-WAY OF SALEM ROAD ALONG THE
ENTIRE EAST BOUNDARY AND COUNTY ROAD #894 ALONG THE ENTIRE WEST BOUNDARY.
SUBJECT TO THE FOLLOWING:
DEDICATED RIGHT-OF-WAY DESCRIPTION
A PART OF THE SOUTHEAST QUARTER (SEI/4) OF THE SOUTHEAST QUARTER (SEI /4) OF SECTION
THIRTY (30), TOWNSHIP SEVENTEEN ( 17) NORTH, RANGE THIRTY (30) WEST, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID 40 ACRE
TRACT; THENCE S00° 10'47"E 1315 . 16 FEET TO THE SOUTHEAST CORNER OF SAID 40 ACRE TRACT; THEN
S89050'20"W 45.44 FEET ALONG THE SOUTH LINE OF SAID 40 ACRE TRACT TO THE WEST RIGHT-OF-WAY
LINE OF WEST SALEM ROAD; THEN N00°05 ' 59"W 1217.60 FEET ALONG SAID RIGHT-OF-WAY LINE TO AN
EXISTING IRON REBAR AT THE BEGINNING OF A TANGENT 149.95 FOOT RADIUS CURVE CONCAVE TO
THE SOUTHEAST; THEN NORTHEASTERLY ALONG SAID CURVE AND RIGHT-OF-WAY 106.28 FEET, THE
CHORD FOR WHICH BEING N20012' 18"E 104.07 FEET, TO A POINT ON THE NORTH LINE OF SAID 40 ACRE
TRACT; THEN N89°54'26"E 7.52 FEET TO THE POINT OF BEGINNING.
3
Washington County, AR
I certify this instrument was filed on
03/17/2008 03: 17:53 PM
and recorded in Real Estate
File Number 2008-00010928
Bette Stamps - Circuit qe
by � r)VI
City of Fayetteville �facf
Staff Review Form /�
City Council Agenda Items r� zNe;'d 125
or lywl<l&�III
Contracts
7-Feb-06
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
RZN 06- 1854 (Nock/Broyes, 206/205): Submitted by Nock Broyles Land Development, LLC for property located north of
Weir Road and east of Salem Road and Howard Nickell Road. The property is zoned R-A, Residential Agricultural, and
F� F77777 .................. .........
contains approximately 39. 1 1 acres. The request is to rezone the subject property to RSF-2, Residential Single Family, 2 units
per acre.
$0.00 n/a
n/a
Cost of this request Catego /Project Budget Program Category / Project Name
n/a n/a
E:: n/a
Account Number Funds Used to Date Program / Pro'ect Catego Name
n/a n/a
Es n/a
Project Number Remaining Balance
Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Department Director Date Original Contract Date:
n/a
Original Contract Number: n/a
/ — zo — vG
City Attorn
Received in City Cie c's Offic
EN''rry���R
I- II (-jy
Finance dnd Internal Service Director Date
Received in Mayor's Office
E
Mayor --'Date
Comments:
City Council Meeting of February 07, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planningg
Date: January 17, 2006
Subject: Rezoning for Nock/Broyles (RZN 06- 1854)
RECOMMENDATION
The Planning Commission recommends approval of rezoning the subject property from
R-A to RSF-2 on approximately 39. 11 acres located east and west of Salem Road. This
action would allow the development of 19 single-family dwellings on the subject
property. Planning Staff and the Planning Commission originally recommended denial of
the requested rezoning to RSF-4.
BACKGROUND
The property is located within the Planning Area and currently undeveloped. One of the
tracts of land is adjacent to the city limits at the southeast corner of the property with the
second tract adjoining the first at its northwest corner. Surrounding properties include
Raven Subdivision and Benton Development Subdivision (currently under construction)
and Crystal Springs Subdivision to the southeast.
The applicant originally requested the property be rezoned from R-A, Residential
Agricultural, to RSF-4, Residential Single Family — 4 units per acre, in order to develop
the property in a manner consistent with surrounding subdivisions located within the City
of Fayetteville.
DISCUSSION
This item was heard at the regular Planning Commission on January 09, 2006. The
Planning Commission voted 6- 1 -0 to recommend approval of a rezoning to RSF-2 instead
of RSF-4 to the City Council, with Commissioner Ostner voting no.
The proposed rezoning to RSF-2 will allow the subject property to develop in a manner
consistent with the nearby property located within the city limits. To allow the
development of residential units at a density of four units per acre would be inconsistent
with the character of the surrounding property on all sides which is, for the most part,
rural residential and utilized for agricultural purposes. The applicant indicated a Planned
Zoning District would be brought forward with development of the land. Staff would
City Council Meeting of February 07, 2006
Agenda Item Number
note that the Planning Commission has recommended that a density as high as 4 units per
acre in this are, at this time, is incompatible and would not be supported.
Planning Staff found that with a comprehensive annexation in place, staff would be more
willing to review a rezoning request at a density more commonly found within the city
limits.
BUDGETIMPACT
None.
ORDINANCE NO,
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 06- 1854 FOR APPROXIMATELY
39. 11 ACRES LOCATED NORTH OF WEIR ROAD AND EAST OF
SALEM ROAD AND HOWARD NICKELL ROAD FROM R-A,
RESIDENTIAL AGRICULTURAL TO RSF-2, RESIDENTIAL SINGLE
FAMILY, 2 UNITS PER ACRE.
BE IT ORDAINED BY THE CITY COUNCIL OETHE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classification of the`folloin�\d property is
hereby changed as follows:
From R-A, Residential Agriculture .tt RSF-2,-aesidential Single Family,
2 units per acre, as shown on Exhibit "A" Attached herr i/o aLdmade a part hereof.
Section 2 : That the official zonm map of the Cit y,of`Fayetteville, Arkansas is
hereby amended to reflect the zoning chiihgprovided in S ction-1'above.
PASSED and APPROVED Lis ' . -rda:}ii6a. ) 2006.
s APPROVED:
�y
3
By:
DAN COODY, Mayor
ATTEST: "i"
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 06-1854
A PART OF THE SOUTHEAST QUARTER (SEI/4) OF THE SOUTHEAST
QUARTER (SEI /4) OF SECTION THIRTY (30), TOWNSHIP SEVENTEEN ( 17)
NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY, ARKANSAS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT
THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING AN
EXISTING STONE MONUMENT; THENCE S00° 16'33"E 653.55 FEET ALONG THE
WEST LINE OF SAID 40 ACRE TRACT TO AN EXISTING, .IN;,THENCE
N89°50' 16"E 972.02 FEET TO A SET 1/2" IRON REBAR OR THE TRUE POINT OF
BEGINNING; THENCE NORTH 579.93 FEET TO A SE 2" 12ON REBAR;
THENCE EAST 302. 17 FEET TO AN EXISTING IROI EBAR I THE WEST
RIGHT-OF-WAY LINE OF WEST SALEM ROA 'Q�I POINT RING ON A
149.95 FEET RADIUS CURVE CONCAVE TO T E SOUTHEAST _ NCE
SOUTHWESTERLY ALONG SAID CURV�E�D RIG OF-WAY L is 24.78
FEET, THE CHORD FOR WHICH BEING SO4 38104"0-'42-. .75 FEET, TO
EXISTING IRON REBAR AT THE POINT OF TANG =NCY�OF SAID CURVE;
THENCE S00005 ' 5951E ALONG SAID RIGHT-OF-WA INE 554.40 FEET TO AN
EXISTING IRON; THENCE LEAVI, II SAID RIGHT-O AY LINE, WEST
S89°50' 16"W 301 . 14 FEET TO THE POINT OO F BEGINNINwG�bONTAINING 4.00
ACRES, MORE OR LESS, WASHINGTON [TNT ARNSAS. THE ABOVE
DESCRIBED 4.00 ACRE TRACT BEIN6�S1 ® . 'TWENTY (20) FOOT
WIDE UTILITY EEM'E FAVOR OR A WESTERN GAS CO.
ALONG THE EAST OUND Y ANDAI]RY OTHER EASEMENTS AND/OR
RIGHTS-OF-WAsl" THER R NOT OF�RECORD.
A PART W PiTHEA QUARTER (SE 1 /4) OF THE SOUTHEAST
QUAR R (SEI /4) O - CTIIORTY (30), TOWNSHIRSEVENTEEN ( 17)
NO RT NGE THIR (30) ST, WASHINGTON COUNTY, ARKANSAS,
BEING + PARTIC CARL DESCRIBED AS FOLLOWS : BEGINNING AT
THE NOR EST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING AN, .
EXISTING S O MOMENT; THENCE N89°54'26"E 1311 .28 FEET ALONG
THE NORTH LI1 AID 40 ACRE TRACT TO A POINT ON THE WEST
RIGHT-OF-WAY LINE OF WEST SALEM ROAD, SAID POINT BEING ON A
149.95 FEET RADICJS CURVE CONCAVE TO THE SOUTHEAST AND FROM
WHICH AN EXISTING REFERENCE IRON BEARS S890541267'W 40.06 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE AND RIGHT-OF-WAY LINE
81 .50 FEET, THE CHORD FOR WHICH BEING S24056121 "W 80.50 FEET, TO AN
EXISTING IRON REBAR; THENCE LEAVING SAID CURVE AND RIGHT-OF-
WAY LINE, WEST 302. 17 FEET TO A SET %" IRON REBAR; THENCE SOUTH
579.93 FEET TO A SET %" IRON REBAR; THENCE S89°50' 16"W 972.02
FEET TO AN EXISTING IRON ON THE WEST LINE OF SAID 40 ACRE TRACT;
THENCE N00° 16'33"W 653 .55 FEET TO THE POINT OF BEGINNING,
CONTAINING 15 . 12 ACRES, MORE OR LESS, WASHINGTON COUNTY,
ARKANSAS. THE ABOVE DESCRIBED 15. 12 ACRE TRACT BEING SUBJECT TO
A THIRTY (30) FOOT WIDE ACCESS EASEMENT ALONG THE ENTIRE NORTH
BOUNDARY, A TWENTY (20) FOOT WIDE UTILITY EASEMENT IN FAVOR OR
ARKANSAS WESTERN GAS CO. ALONG THE NORTH AND EAST BOUNDARY,
AND ANY OTHER EASEMENTS AND/OR RIGHTS-OF-WAY WHETHER OR NOT
OF RECORD.
THE SOUTH HALF (S 1 /2) OF THE SOUTHWEST QUARTER-SW1 /4) OF THE
SOUTH WEST QUARTER (SW 1/4) OF SECTION TWENTY-NINE (29), TOWNSHIP
SEVENTEEN ( 17) NORTH, RANGE THIRTY (30) WEST;GONTAINING 19.99
ACRES, MORE OR LESS WASHINGTON COUNTY,�t4RKANSAS. ALSO BEING
DESCRIBED AS FOLLOWS: BEGINNING AT THE'S0bTHEA§4: NO� RNER OF
SAID 20 ACRE TRACT, SAID POINT BEING SALEM ROAD A'NDN.EROM
WHICH A %z" IRON REBAR REFERENCE IRON SET ON THE WES!�RIGHT-OF-
WAY OF SAID ROAD BEARS N89°49'03"W 4 X89 FEET `THENCE N8%4910313W
1317.83 FEET TO THE SOUTH WEST CORNER O\F`SAID 20 ACRE TRACT, SAID
POINT BEING IN COUNTY ROAD #894 AND FROM WHICH A 1 /2" IRON REBAR
REFERENCE IRON SET ON THE EA T> GHT-OF-WAY�OF SAID COUNTY
ROAD BEARS S89049103"E 31 .88 FEIN,--THENCE N0001'9�549PE 659.59 FEET TO
THE NORTHWEST CORNER 20 ACRE\TRACT AND F.RQM WHICH AN
EXISTING REFERENCE IRON ON THEtEAST RIGgT--OF-WAY OF SAID
COUNTY ROAD BEARS�S89°S3 '03"E 27i9l�FEET; THENCE S89053 '03"E 1320.09
FEET TO THE NORTIEASTKG�ORNER OF�SAID 20 ACRE TRACT, SAID POINT
BEING IN SALEM-ROAD AND)FROM WHICH�A 1 /2" IRON REBAR REFERENCE
IRON SET ON THE WEST,RIGHT-OF WAY 4 SAID ROAD BEARS N89°53 '03"W
50.49 FEET;.THENCE S00°29�33' W 66.?/FFEET TO THE POINT OF BEGINNING.
THE ABOVE-DESCRIBED ACRE TRACT BEING SUBJECT TO THE RIGHT-
OF-WA'Y OF SALEM�����OAD ALONG THE ENTIRE EAST BOUNDARY AND
COU N I ROAD #894�A\' NGTI jE ENTIRE WEST BOUNDARY.
SUBJECT EF L 0 ING:
DEDICATED RIGHT-0 -WAY DESCRIPTION
A PART OF THE SbUTHEAST QUARTER (SE 1 /4) OF THE SOUTHEAST
QUARTER (SE 1 /4)OF SECTION THIRTY (30), TOWNSHIP SEVENTEEN ( 17)
NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHEAST CORNER OF
SAID 40 ACRE TRACT; THENCE S00° 10'47"E 1315. 16 FEET TO THE
SOUTHEAST CORNER OF SAID 40 ACRE TRACT; THEN S89°50'20"W 45.44
FEET ALONG THE SOUTH LINE OF SAID 40 ACRE TRACT TO THE WEST
RIGHT-OF-WAY LINE OF WEST SALEM ROAD; THEN N00°05 ' 59"W 1217.60
FEET ALONG SAID RIGHT-OF-WAY LINE TO AN EXISTING IRON REBAR AT
THE BEGINNING OF A TANGENT 149.95 FOOT RADIUS CURVE CONCAVE TO
THE SOUTHEAST; THEN NORTHEASTERLY ALONG SAID CURVE AND
RIGHT-OF-WAY 106.28 FEET, THE CHORD FOR WHICH BEING N20° 12' 18"E
104.07 FEET, TO A POINT ON THE NORTH LINE OF SAID 40 ACRE TRACT;
THEN N89054'26"E 7.52 FEET TO THE POINT OF BEGINNING.
A-
v :
?mM
TayeMl PC Meeting of January 9, 2006
KANSAS
THE CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain St.
2701
PLANNING DIVISION CORRESPONDENCE Telephone: (479)AR
578267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: January 4, 2006 Updated January 16, 2006
RZN 06-1854: (NOCK/BROYLES SALEM RD., 205/206): Submitted by CRITICAL PATH
CONSTRUCTION MANAGEMENT for property located at N & E OF WEIR.AND HOWARD
NICKELL RD. The property is zoned R-A, Residential Agricultural, and contains approximately
39. 11 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 denial of the requested rezoning based on the findings included as part
of this report.
PLANNING COMMISSION ACTION: Required YES
✓ Approved O Denied
Date: January 9, 2006 Motion to Approve with a zoning classification ,of RSF-2 by
Clark
Second. Myres
Vote: 6-1-0 with Commissioner Ostner voting no.
CITY COUNCIL ACTION: Required YES
O Approved O Denied -
Date: February 7, 2006 (1st reading if recommended)
Comments:
BACKGROUND:
Property Description: The subject property contains two parcels consisting of a total 39. 11 acres.
The request has been submitted by Nock Broyles Land Development, LLC. The property is located
within the Planning Area and currently undeveloped. One of the tracts of land is adjacent to the city
K.IReporlsl2006WC Reporal0f-09-06IRZN 06-1854 (No&-Boyles Salem R#dw
limits at the southeast comer of the property with the second tract adjoining the first at its northwest
comer. Surrounding properties include Raven Subdivision and Benton Development Subdivision
(currently under construction) and Crystal Springs Subdivision to the southeast.
Proposal: The applicant proposes to rezone 39.11 acres from R -A, Residential Agricultural, to RSF-
4, Residential Single Family —4 units per acre, should ANX 06-1853 be approved.
Public Comment: Staff has received no written public comment concerning the requested rezoning.
Surrounding Land Use and Zoning
Direction from Site
Land Use
Zoning
North
Rural
residential / agricultural
Planning
Area
South
Rural
residential / agricultural
Planning
Area
East
Rural
residential / agricultural
Planning
Area
West
Rural
residential / agricultural
Planning
Area
INFRASTRUCTURE:
Streets: The site has access to Weir, Howard Nickel, and Salem Road. Improvements will be
required to surrounding streets which includes off -site improvements. An evaluation
will be made by staff at the time of preliminary plat or large scale development.
Nearby Master Street Plan Streets
Direction
Street Name
Master Street Plan Classification
South
Weir Rd
Collector Street
East/West
Salem Rd.
Principal Arterial
East
Salem Rd.
Collector Street
Water: Public water is near to the site. Substantial improvements to the water system will
be required which includes off -site improvements. An evaluation will be made by
staff at the time of preliminary plat or large scale development.
Sewer: Sanitary sewer is not near to the site. Substantial improvements to the sewer system
will be required which includes off -site improvements. This development will be
within the sewer assessment area. An evaluation will be made by staff at the time of
preliminary plat or large scale development. A study of the downstream system shall
be conducted by the developer.
Drainage: Runoff from most of the site flows overland to the south. Standard improvements
and requirements for drainage will be required for the development.
Fire:
These
39.11 acres are covered
by Engine 7 at 835
N Rupple.
It is 3.4
miles from the station
with an anticipated
response time of 8.75
K.:IReporas 20061PC Reports l01-09-06WZN 06-1854 (Nods -Broyles Salem Rd).doc
minutes. This long response time is due to Rupple Road being narrow and
curvy. Engine 2, on N Garland, has approximately the same response time.
This response time is above our goal of having the first unit on the scene
within 6 minutes, 90% of the time, and our goal of assembling all
responding units to the scene of a moderate risk assignment within 10
minutes, 90% of the time. It has been proposed (Fayetteville Fire
Department: Deployment Study 2003) to build a fire station (Station 9) to
cover this northwest part of the city.
The Fire Department anticipates 35 (21 EMS —14 Fire/Other) calls for
service per year once the development is completed and maximum build -out
has occurred. The service impact of this type development will typically
take eighteen months after the development is started, and the units begin to
be occupied, to occur.
Measured hydrant flow in this area is 805 gallons/minute.
There should be no adverse effects on our call volume to this development.
Police: It is the opinion of the Fayetteville Police Department that this annexation will not
substantially alter the population density and thereby undesirably increase the load on
police services.
LAND USE PLAN: The Future'Land Use Plan designates this site for Residential. Rezoning
this property to RSF-4 is consistent with the use intended for the subject property; however, it is
incompatible with the density.and;character of the surrounding property.
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 rezoning will allow the subject property to develop in a
manner consistent with the nearby property located within the city limits.
However, to allow the development of residential units at a density of four
units per acre is inconsistent with the character of the surrounding property
which is, for the most part, rural residential and utilized for agricultural
purposes. The inconsistencies between the proposed zoning and existing
uses of surrounding properties is more evident and significant in that each
20 -acre tract of property is entirely surrounded by properties within the
Planning Area, which is developed at densities much less than four units per
acre. With a comprehensive annexation in place, staff would be more willing
to review a rezoning request at a density founding within the city limits.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
K IReporUU006t'C Reporlst0l-09-06VWTN 06-1854 (Nadc-Broyles Salem Rd).doc
Finding: The proposed zoning is neither justified nor needed at this time in this
location. There are several properties within the city south and east of the
subject property which are developing at four units per acre and greater,
with the proposed Clabber Creek Phases 3-5 and Oakbrooke Phase 1 under
construction and several other subdivisions, such as Benton Development
approved. Therefore, staff finds that the rezoning of this property to RSF-4
is neither justified or needed at this time.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The rezoning would create an increase in traffic in the vicinity of the
property and on surrounding Collector and Principal Arterial streets.
Currently the property generates traffic from only a few single family
residential dwellings. To rezone the property as requested would result in
approximately 1,560 vehicle trips per day. Significant street improvements
coordinated between the city and county would need to occur for
development at a density of 4 units per acre.
Police — It is the opinion of the Fayetteville Police Department that this rezoning
request will have a negligible impact on both the population density and the•
traffic congestion for that 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 significantly alter the population density in the
area. The development of four units per acre on approximately 39.11 acres
would result in a total 345 residents in this currently rural and large -lot - ...•....
single-family dwelling environment. Public service providers have
responded and their evaluations have been included within 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 (I) through (4) above why
the proposed zoning is not desirable.
Finding: N/A
K:Reports120061PC Reportsl0l -09-06 RZN 06-1854 (Nodc-Broyles Salem Rd).doc
161.03 District R -A, Residential -Agricultural
(A) Purposes. The regulations of the agricultural
district are designed to protect agricultural land
until an orderly transition to urban development
has been accomplished; prevent wasteful scattering
of development in rural areas; obtain economy of
public funds in the providing of public
improvements and services of orderly growth;
conserve the tax base; provide opportunity for
affordable housing, increase scenic attractiveness;
and conserve open space.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by ht
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Two-family dwellings
Unit 9
Unit 37
Manufactured homes
(2) Conditional uses
Unit 2
City-wide uses by conditional use permit
Unit 4.
Cultural and recreational facilities
Unit 20
Commercial recreation, large sites
Unit.24.
Home occupations
unit.36,
Wireless communications facilities
C Density.
Units per acre One-half If
u aaa area regulations.
Lot width minimum
200 ft.
Lot Area Minimum:
Residential:
Nonresidential:
2 acres
2 acres
Lot area per dwelling unit
2 acres
E) Setback requirements.
Front Side Rear
3511. 20 ft. 3511.
(F) Height requirements. There shall be no
maximum height limits in the A -I District,
provided, however, that any building which
exceeds the height of 15 feet shall be setback from
any boundary line of any residential district a
distance of 1.0 foot for each foot of height in
excess of 15 feet. Such setbacks shall be measured
from the required setback lines.
(G) Building area. None.
161.07 District RSF-.4, Residential Single -
Family — Four Units Per Acre
(A) Purpose. The RSF- Residential District is
designed to permit and encourage the development
of low density detached dwellings in suitable
environments, as well as to protect existing
development of these types.
(B) Uses.
1 Permitted uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwelling
(2) Conditional near
Unit 2
City-wide uses by conditional use pemilt
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 9
Two-family dwellings
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Single-family.- - Two-family
dwellings...dwellings-
Unitsperacre 4 or less - - 7 or less
(D) Bulk and area reanlatinne
tb;
area per 18,000 sq. ft. 6,000 sq.
E) Setback requirements.
Front Side Rear
25 ft. 8 ft. 20 ft.
(F) Height. None.
(G) Building area On any lot the area occupied
by all buildings shall not exceed
40% of the total area of such lot.
K. IReportst2006WC Reportsl01-09-061RZN 06-1854 (Nock -Broyles Salem Rdj.doc
To: Suzanne Morgan, Andrew Garner, Jeremy Pate, and Jesse Fulcher
Thru: Chief Tony Johnson
From: Captain Dale Riggins
Date: January 5, 2006
Re: January 3, 2006 Re -zoning Review — Fire Department Comments
ANX06-1853 (Nock/Broyles Salem Rd, 205/206)
RZNO6-1854 (Nock/Broyles Salem Rd, 205/206)
These 39. I 1 acres are covered by Engine 7 at 835 N Rupple.
It is 3.4 miles from the station with an anticipated response time of 8.75 minutes. This
long response time is due to Rupple Road being narrow and curvy. Engine 2, on N
Garland, has approximately the same response time. This response time is above our
goal of having the first unit on the scene within 6 minutes, 90% of the time, and our goal
of assembling all responding units to the scene of a moderate risk assignment within 10
minutes, 90% of the time. It has been proposed (Fayetteville Fire Department:
Deployment Study 2003) to build a fire station (Station 9) to cover this northwest part of
the city.
The Fire Department anticipates 35 (21 EMS — 14 Fire/Other) calls for service per year
once the development is completed and maximum build -out has occurred. The service
impact of this type development will typically take eighteen months after the
development is started, and the units begin to be occupied, to occur.
Measured hydrant flow in this area is 805 gallons/minute.
There should be no adverse effects on our call volume to this development.
If you have any questions or need additional information don't hesitate to call me at x365
.1J ale R4 4q
Fayetteville Fire Department
Nock/Broyles Salem Road
ANX06-1853
RZN06-1854
3.4 Miles from Station 7
9 Minute Response Time
(Blue line indicates 6 minute response time zone)
(Red Line indicates 10 minute response time zone)
FAYETTEVILLE
THE CRY OF FAYETTEVILLE, ARKANSAS
January 3, 2006
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
POLICE DEPARTMENT
This document is in response to the request for a determination of whether the proposed
Annexation and Rezoning ANX & RZN 06-1853 (Nock/Broyles Salem Rd., 205/206)
submitted by Critical Path Construction Management for property located at N & E of
Weir Rd and Howard Nickell Road would substantially alter the population density and
thereby undesirably increase the load on public services or create an appreciable increase
in traffic danger and traffic congestion.
It is the opinion of the Fayetteville Police Department that this annexation and rezoning
will not substantially alter the population density and thereby undesirably increase the
load on police services or create and appreciable increase in traffic danger and congestion
in the area.
Captain William Brown
Fayetteville Police Department
(DELIVERIES) POLICE: 100•A WEST ROCK STREET 72701
PHONE: 479-587-3555 FAX. 4745873522
21 W. Mountain, Ste 121 • Fayetteville. AR 72701 •Office: 479 527.0055 • Fax: 479 527.2798
November 16, 2005
Planning Division
125 W. Mountain St.
Fayetteville, AR 72701
The subject properties, which are owned by Nock Broyles Land Development,
LLC, is adjoining the city limits by a property comer. The owner would like to be
annexed and zoned RSF-4. The properties lie just north of Holcomb Elementary School
and several subdivisions. There is a 4" water line along Salem Dr and an 8" sewer line
along Crystal Dr, so utilities are available.
The surrounding properties that are in the city limits are currently zoned RSF-4.
We feel like the subject properties would be a great addition to Fayetteville. It would
potentially provide neighborhoods for Holcomb Elementary. It will also adjoin the
planned Rupple Road alignment, as shown in the Master Street Plan, along the western
property boundary.
We hope that the City of Fayetteville will consider this property a great asset. If
the City has any questions or concerns, please don't hesitate to let us know.
Sincerely,
Clay Grote, P.E.
Principal Engineer.
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'Clarice Pearman - Ords. 4832, 4833 4834, 4836 & 4837 Page -i-i
From: Clarice Pearman
To: Pate, Jeremy
Date: 2/27/06 10:54AM
Subject: Ords. 4832, 4833, 4834, 4836 & 4837
Jeremy,
Attached are the above ordinances passed by City Council, February 21, 2006.
CC: Bell, Peggy; Deaton, Vicki; GIS
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:
( 1_llQ_ (483_ was inserted in the regular editions on
PO#
** Publication Charge: $ e20! .3-7
Subscribed and sworn to before me this
-- Lj day of 11____ __ 2006.
` Sharlene D. Williams
Notary Public Notary Public
State of Arkansas
My Commission Expires: My Commission Expires
October 18, 2014
" Please do
not
pay
from Affidavit.
An invoice
will
be
sent.
RECEIVED
MAR 0920%
CRY OF FAYErrEVILLE
CI Y CLERICS OFFICE
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
4Nyq— �wwm fat TIIA any COUNCIL OF
on 1: That the tMl CITY OH IAtAttAtl�
mne cleNHlceayi of Ms,0110wµ10 dasoaMd propeay is he
tR-A, Reslderalal ADacWWM to ruby a... u b.abacheo herefeend moe a pea h @MalSNpls Farryy,/unlbpyaue.NNOeTm ot
2: Th1 U,. official Iha ng change proWded"" c Iha Cly d Fa1'obe I4
ID Sadon I above. Mann, Is hereby uMM
M to
atA TTES. This 21st day ot February, 2006.
VED: ATT.
By;
E%NISIT'A' wlfl/r Clank
RZNosie 4
NT IN FAVOR pq „e`p yc•n'I,I,R.E_ NORTH SAWN wet;!
AND ANy nT n2 ' w WESTFnu n.�Am' A
THE FOLLOWING: