HomeMy WebLinkAboutOrdinance 4852 IIIIIII I IIIII III IIIII VIII VIII VIII IIIII II I II IIIII IIIII IIIII VIII IIIII IIII IIII i
Doc ID : 009893760005 TVDB : REL
Recorded : 04/25/2008 at 10 : 41 : 24 AM
Fee Amt : $20 . 00 Paoe 1 of 5 I
Mashinoton Countv . AR b
Bette Stamps Circuit Clerk
File200640016558
ORDINANCE NO, 4852
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 06- 1936, FOR APPROXIMATELY
9.70 ACRES, LOCATED AT 354 AND 370 DOUBLE SPRINGS
ROAD, FROM R-A, RESIDENTIAL AGRICULTURAL TO RMF-
6, RESIDENTIAL MULTI-FAMILY, 6 UNITS PER ACRE,
SUBJECT TO A BILL OF ASSURANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section l : That the zone classification of the following described property is hereby
changed as follows:
From R-A, Residential Agricultural to RMF-6,
Residential Multi-Family, 6 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 I above.
Section 3 : That the subject property will be subject to a Bill of Assurance attached
hereto and made a part hereof as Exhibit `B" limiting the type and location of dwelling units on the
property.
PASSED and APPROVED this 4s' day of April, 2006. r a ;'G\� Y p r' ' p
; FAYETTEVILLE '
APPROVED: ATTEST: .
N
' . . e � •RA S 'J .�
9J'' KNP 2 :
By: By:
DAN COODY, ayor 1SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 06-1936
A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 15, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
BEGINNING AT A POINT WHICH IS S02038'25 "W 661 .08' FROM THE NORTHEAST
CORNER OF THE SAID SECTION 15 AND RUNNING THENCE S02038'25 "W 330.92',
THENCE N88016'00"W 1278.75' TO THE EAST RIGHT-OF-WAY OF COUNTY ROAD 427,
THENCE ALONG SAID RIGHT-OF-WAY NO2°27'01 "E 329.38', THENCE S88020105"E
1279.86' TO THE POINT OF BEGINNING. CONTAINING 9.70 ACRES, MORE OR LESS .
SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY.
R
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EXHIBIT "B"
RZN 06-1936
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification,
the owner, developer, or buyer of this property, (hereinafter "Petitioner')
Fletcher Williams and Imogene Williams, hereby voluntarily offers this
Bill of Assurance.and enters into this binding agreement and contract with the
City of Fayetteville, Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to
enforce any and all of the terms of this Bill of Assurance in the Chancery/
Circuit Court of Washington County and agrees that if Petitioner or Petitioner's
heirs, assigns, or successors violate any term of this Bill of Assurance, substantial
irreparable damage justifying injunctive relief has been done to the citizens
and City of Fayetteville, Arkansas. The Petitioner acknowledges that the
Fayetteville Planning Commission and the Fayetteville City Council will
reasonable rely upon all of the terms and conditions within this Bill of
Assurance in considering whether to approve Petitioners rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and
Petitioner's property shall be restricted as follows IF Petitioner's rezoning is
approved by the Fayetteville City Council.
1. The use of Petitioner's property shall be limited to the following:
The petitioners assure the City the property will be developed as a
residential subdivision, zoned RMF-6 (with approved re-zoning
application) and will consist of a combination of single family lots and
two-unit townhome lots. The subdivision as a whole will meet of exceed
the requirements of RMF-6 zoning. The subdivision will contain between
20 to 24 zero-lot-line townhome structures (2 units each) and between 3 to
6 single family dwellings. The maximum total number of structures will
be between 26 to 30 structures totaling 46 to 53 dwelling units. The
maximum number of units allowed by RMF-6 for this parcel would be 58.
Single family units will be placed adjacent to existing single family
developments so as to maintain consistent usage across property lines.
2. Petitioner specifically agrees that all such restrictions and terms shall
I un with the land and bind all future owners unless and until specifically
released by Resolution of the Fayetteville City Council_ This Bill of Assurance
shall be filed for record in the Washington County Circuit Clerk's Office after
Petitioners rezoning is effective and shall be noted on any Final Plat or Large
Scale Development which includes some or all of Petitioners property.
IN WITNESSWHE OF a in a ee ent with all the terms and
conditions stated above, I, !=3[1 1N M1 Lt- 4-�gx as the
owner, developer or buyer (Petitioner) voluntarily offer all such assurances and
sign my name below.
W l 01i N S
Printed me n / )
Date r� Signature
Address / Prin Name
Sign ure
NOTARY OATH
STATE OF ARKANSAS }
COUNTY OF WASHINGTON }
And now on this the ( 5 day of FLULL200 appeared
before me, 'r - C'b" w7m% aws 9�#ts and
after being placed upon his/ her oath swore or affirmed that he/she agreed with
the terms of the above Bill of Assurance and signed his/ her name a ve.
a ;;,zacucn.rr• .
�o1At y ' TARY P BLIC
Commission�E�xp,ir s; Washington County, AR
5 � PUBOG ' �� 1 certify this instrument was filed on
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March 1 , 2006
City of Fayetteville-City Clerk's Office
113 W. Mountain St.
Fayetteville, AR. 72701
RE:ANX 06=1935 -
RZN 06-1936
This is to notify you of my intention to Appeal the denial by the City of
Fayetteville Planning Commission on Monday, February 27, 2006, on the above
mentioned items.
We would like to have these properties rezoned and annexed to build housing for
Fayetteville. It is our understanding that the property south of subject property, owned by
the Hays family, will be asking to be rezoned and/or annexed also. We feel like this
would be a good housing project for Fayetteville.
Sincerely,
Fletcher Williams
RECEIVED
MAR 0 2 260E
CITY OF FAYETrEVILLE
CITY CLERK'S OFFICE
City Council Meeting of March 21 , 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operation
From: Jeremy C. Pate, Director of Current Planning
Date: February 28, 2006
Subject: Rezoning for Fletcher Williams (RZN 06- 1936)
RECOMMENDATION
The Planning Commission recommended denial of the subject rezoning request from R-A
to RMF-6 on approximately 9.70 acres of property located east of Double Springs Road,
south of Persimmon Street. The applicant had submitted a Bill of Assurance limiting the
type of development and maximum number of units allowed on the property. Planning
Staff originally recommended approval of the requested rezoning to RMF-6 with the
associated Bill of Assurance.
BACKGROUND
The subject property contains approximately 9.70 acres and is located on Double Springs
Road, south of Persimmon Street. The property is bordered on two sides by property
zoned RSF-4, with Silverthorne Subdivision to the west and Legacy Point Phase 4 (under
construction) to the east. Two intervening properties lie between the subject property and
the city limits to the north (Legacy Point Phase 1 ). Initially, these properties were
developed for single-family use. In recent months, the adjacent owner north of the
property has begun to develop a storage unit business on his property. Legacy Point
Phase 1 is zoned both RSF-4 and RMF-6. The 2002 rezoning of 8.74 acres within
Legacy Point, in close proximity to the current request, was the first property to be zoned
RMF-6 within the City of Fayetteville, with a unanimous vote by the Planning
Commission and a majority vote by City Council.
The applicant requests rezoning of 9.70 acres to allow for a two-family townhome and
single-family development. The prospective buyer of the property developed several
properties within the RMF-6 portion of Legacy Point and would like to duplicate this
development on the subject property. The property owner has submitted a Bill of
Assurance that limits the development of the property to a maximum 24 two-family
townhomes and a minimum 3 single-family lots, with a maximum 54 dwelling units; a
maximum 58 units is permitted at 6 units/acre. Additionally, the Bill of Assurance
guarantees that single-family dwellings will be located adjacent to the existing RSF-4
zoning districts, that is along the east and west property lines (see attachment).
City Council Meeting of March 21 , 2006
Agenda Item Number
DISCUSSION
This item was heard at the regular Planning Commission on February 27, 2006. The
Planning Commission voted 4-2-0 to recommend approval of this rezoning request to the
City Council, with Commissioner Ostner and Anthes voting no. Therefore, the motion
failed due to lack of five affirmative votes, and the application for rezoning into the City
of Fayetteville was denied:
Those who voted against the motion discussed their concerns regarding zoning only a
small parcel without understanding how adjacent properties, currently without zoning,
will develop in the future.
Staff recommends approval of the proposed rezoning with the Bill of Assurance. The
property is located adjacent to a Minor Arterial street and two nearby Collector streets;
therefore, adjacent infrastructure, once improved to Master Street Plan standards, will be
able to accommodate a greater traffic volume. Additionally, this property is in close
proximity to other property zoned RMF-6.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 06- 1936, FOR
APPROXIMATELY 9.70 ACRES, LOCATED AT
354 AND 370 DOUBLE SPRINGS ROAD, FROM
R-A, RESIDENTIAL AGRICULTURAL TO
RMF-6, RESIDENTIAL MULTI-FAMILY, 6
UNITS PER ACRE, SUBJECT TO A BILL OF
ASSURANCE.
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 RMF-6,
Residential Multi-Family, 6 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 I above.
Section 3 : That the subject property will be subject to a Bill of Assurance attached
hereto and made a part hereof as Exhibit `B" limiting the type and location of dwelling units on
the property.
PASSED and APPROVED this—day of 12006.
APPROVED: ATTEST:
By: By :
DAN GOODY, Mayor SONDRA SMITH, City Clerk
EX1I'[BIT "A"
RZN 06-1936
A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 15, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
BEGINNING AT A POINT WHICH IS S02038'25 "W 661 .08' FROM THE NORTHEAST
CORNER OF THE SAID SECTION 15 AND RUNNING THENCE S0203892519W 330.92',
THENCE N88016'00"W 1278.75' TO THE EAST RIGHT-OF-WAY OF COUNTY ROAD #27,
THENCE ALONG SAID RIGHT-OF-WAY NO2027'0111E 329.381, THENCE S8802010511E
1279. 86' TO THE POINT OF BEGINNING. CONTAINING 9.70 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY.
s
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification,
the owner, developer, or buyer of this property, (hereinafter "Petitioner")
Fletcher Williams and Imogene Williams, hereby voluntarily offers this
Bill of Assurance and enters into this binding agreement and contract with the
City of Fayetteville, Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to
enforce any and all of the terms of this Bill of Assurance in the Chancery/
Circuit Court of Washington County and agrees that if Petitioner or Petitioner's
heirs, assigns, or successors violate any term of this Bill of Assurance, substantial
irreparable damage justifying injunctive relief has been done to the citizens
and City of Fayetteville, Arkansas. The Petitioner acknowledges that the
Fayetteville Planning Commission and the Fayetteville City Council will
reasonable rely upon all of the terms and conditions within this Bill of
Assurance in considering whether to approve Petitioner's rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and
Petitioner's property shall be restricted as follows IF Petitioner's rezoning is
approved by the Fayetteville City Council.
1 . The use of Petitioner's property shall be limited to the following:
The petitioners assure the City the property will be developed as a
residential subdivision, zoned RMF-6 (with approved re-zoning
application) and will consist of a combination of single family lots and
two-unit townhome lots. The subdivision as a whole will meet of exceed
the requirements of RMF-6 zoning. The subdivision will contain between
20 to 24 zero-lot-line townhome structures (2 units each) and between 3 to
6 single family dwellings. The maximum total number of structures will
be between 26 to 30 structures totaling 46 to 53 dwelling units. The
maximum number of units allowed by RMF-6 for this parcel would be 58.
Single family units will be placed adjacent to existing single family
developments so as to maintain consistent usage across property lines.
2. Petitioner specifically agrees that all such restrictions and terms shall
run with the land and bind all future owners unless and until specifically
released by Resolution of the Fayetteville City Council. This Bill of Assurance
shall be filed for record in the Washington County Circuit Clerk's Office after
Petitioner's rezoning is effective and shall be noted on any Final Plat or Large
Scale Development which includes some or all of Petitioner's property.
IN WITNESS WHEPtJF.OF in a ee ent with all the terms and
conditions stated above, I, �. j )f7jle.e��, as the
owner, developer or buyer (Petitioner) voluntarily offer all such assurances and
sign my name below. l
PrintedName
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Date r c Signature
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Address / Prin4 d Name
Sign rree
NOTARY OATH
STATE OF ARKANSAS
COUNTY OF WASHINGTON )
And now on this the f 5 day of ru , 200 (eq appeared
before me, 'KI C h" W a YYIS , W1r W i S and
after being placed upon his/ her oath swore o far firmed that he/she agreed with
the terms of the above Bill of Assurance and signed his/ her name a ve.
,aeaa *gisaaca:et
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SURVEY DESCRIPTION:
A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 15, TOWNSHIP 16 -NORTH, RANGE 31 WEST, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S02°38'25"W 661.08'
FROM THE NORTHEAST CORNER OF THE SAID SECTION 15 AND RUNNING
THENCE S02°38'25"W 330.92', THENCE N88°16'00"W 1278.75' TO THE EAST
RIGHT-OF-WAY OF COUNTY ROAD #27, THENCE ALONG SAID RIGHT-OF-
WAY N02°27'01"E 329.38', THENCE S88°20'05"E 1279.86' TO THE POINT OF
BEGINNING. CONTAINING 9.70 ACRES, MORE OR LESS. SUBJECT TO
EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY.
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'ttiiea� ,V1 PC Meeting of February 27, 2006
ARKANSAS
THE CITY OF FAYETTEVILLE. ARKANSAS
125 \V. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
TI -RU: Jeremy Pate, Director of Current Planning
DATE: February 21, 2006
RZN 06-1936: (FLETCHER WILLIAMS, 474): Submitted by RANDY RITCHEY
STEADFAST, INC. for property located at 370 DOUBLE SPRINGS RD. The property is zoned R-
A, Residential Agricultural, and contains approximately 9.70 acres. The request is to rezone the
subject property to RMF-6, Residential Multi -family, 6 units per acre.
Planner: Suzanne Morgan
RECOMMENDATION:
Staff recommends approval of the requested rezoning from R -A to RMF-6 with the Bill of
Assurance submitted by the applicant.
AANNING COMMISSION ACTION: Required YES
O1 orwarded (Denied
ate: February 27, 2006 M me rrccomMa.J opeao4a (c 4$\ o(e- tgSs is o. flt4Ci
b kllen
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ITY COUNCIL ACTION: t'Required YES - • Mo¼ '`'Ick'or'oat
O Approved O Denied
ate: March 21, 2006 (1st reading if recommended)
Comments:
f
BACKGROUND:
Property description: The subject property contains approximately 9.70 acres and is located on
Double Springs Road, south of Persimmon Street. The property is bordered on two sides by
property zoned RSF-4, with Silverthorne Subdivision to the west and Legacy Point Phase 4
K:I Repons12006V'C Reponsl02-27-06VRZN 06-1936 (Hilliomsf dac
(under construction) to the east. Two intervening properties lie between the subject property and
the city limits to the north (Legacy Point Phase 1). Initially, these properties were developed for
single-family use. In recent months, the adjacent owner north of the property has begun to
develop a storage unit business on his property. Legacy Point Phase I is zoned both RSF-4 and
RMF-6. The 2002 rezoning of 8.74 acres within Legacy Point, in close proximity to the current
request, was the first property to be zoned RMF-6 within the City of Fayetteville, with a
unanimous vote by the Planning Commission and a majority vote by City Council.
Proposal: The applicant requests rezoning of 9.70 acres to allow for a two-family townhome and
single-family development. The prospective buyer of the property developed several properties
within the RMF-6 portion of Legacy Point and would like to duplicate this development on the
subject property (see photos within packet). The property owner has submitted a Bill of Assurance
that limits the development of the property to a maximum 24 two-family townhomes and a minimum
3 single-family lots, with a maximum 54 dwelling units; a maximum 58 units is permitted at 6
units/acre. Additionally, the Bill of Assurance guarantees that single-family dwellings will be
located adjacent to the existing RSF-4 zoning districts, that is along the east and west property lines
(see attachment).
Recommendation: Staff recommends approval of the proposed rezoning with the Bill of
Assurance. The development of property at 6 units per acre with single-family lots adjacent to
properties zoned RSF-4 will allow for transitional housing and a density of residences similar to
nearby developments.
SURROUNDING LAND USE AND ZONING
Direction
Land Use
Zoning
North
Storage Units & 2 Single family homes
Single family homes
Planning Area
RSF-4 & RMF-6 (Legacy Pt. Ph. 1)
South
Rural Single family homes
Planning Area
East
Vacant (under construction)
RSF-4
West.
Silverthome Subdivision
RSF-4
INFRASTRUCTURE:
Streets: The site has access to Double Springs Road. Improvements will be required to
Double Springs Road which may include off -site improvements. An evaluation
will be made by staff at the time of preliminary plat or large scale development.
Dedication of right-of-way per the Master Street Plan is required.
Adjacent Streets:
North: Persimmon Street (Collector)
South: Dot Tipton Road (Collector)
West: Double Springs Road (Minor Arterial)
K:IRepons110061PC Reportsl02-17-061R7A' 06-1936 (Nilliams).eloc
Water: Public water is adjacent to the site. There is an 8" water line that that runs along
Double Springs Road. A study of the water system shall be conducted by the
developer. Substantial improvements to the water system may be required which
includes other off -site improvements. Water service will need to be extended to
and within the property at the time of development connecting within the
proposed development.
Sewer: Sanitary sewer is located near 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. A study of the downstream system shall
be conducted by the developer. Sewer service will need to be extended to and
within the property at the time of development connecting within the proposed
development
Drainage: Standard improvements and requirements for drainage will be required for the
development.
Fire: These 9.70 acres are covered by Engine 7 located at 835 Rupple Road. It is 3
miles from the station with an expected response time of 6 minutes to the entrance
of this development. The Fire Department anticipates 13 ( 8 EMS — 5 Fire/Other)
calls for service per year once the development is completed and maximum build -
out has occurred. Measured Hydrant Flow in this area is 1465 gallons per minute.
The service impact of this development will typically take eighteen months after
the development is started, and the units begin to be occupied, to occur. There
should be no adverse effects on our call volume or response time 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 or create and appreciable increase in traffic danger and
congestion in the area.
LAND USE PLAN: General Plan 2020 designates the site as Residential. Rezoning this
property to RMF-6 with the proposed Bill of Assurance is compatible with the single-family and
townhomes uses in the area.
FINDINGS OF THE STAFF
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 is generally consistent with current land use planning
objectives and policies for Residential Use in the area as indicated on the
Future Land Use plan. The first rezoning of property to RMF-6 occurred
K: IReporrs1200611'C Repoasl02-27-06V27N 06-1936 (Williams).doc
within the subdivision north of the subject property. The increase in density
and type of development is compatible to the surrounding developments
within the city. Additionally, the applicant proposes to develop single-family
lots adjacent to the existing RSF-4 property (Silverthorne Subdivision to the
west and Legacy Point Phase 4 (under construction) to the east).
A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: For the property to develop in a manner consistent with adjacent properties,
a zoning that would allow density greater than I unit per 2 acres (R -A) is
required. The RSF-4 zoning is the most common in this area, though nearby
property is zoned RMF-6 and property zoned R -O near the corner of
Wedington Drive and Double Springs Rd is developed as a duplex
subdivision. The applicant proposes an RMF-6 zoning with the intent to
develop the property for two-family townhomes and some single-family
dwellings. Staff finds that a zoning greater than R -A is justified in this area
and an RMF-6 zoning with development subject to the proposed Bill of
Assurance will be compatible with the surrounding developments.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: It is expected that a rezoning from R -A to RMF-6 would create an increase in
traffic compared with that allowed under the existing zoning. The property
is situated near two Collector streets and adjacent to a Minor Arterial street.
The existing infrastructure will be able to accommodate a 9.70 acre
development of 6 units per acre (a maximum 58 units; 580 vehicle trips per
day).
Police: It is the opinion of the Fayetteville Police department that an appreciable
increase in traffic danger and congestion would not be created by this
rezoning.
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 the zoning currently
in place. The 9.70 acre tract under an R -A zoning designation would allow for
a maximum 4 single family residential dwelling units. With the proposed RMF-
6 designation, a maximum 58 single family dwelling units would be permitted.
Staff finds that increasing the density limitations to 6 units per acre would alter
the population density in the immediate vicinity, though not to the degree that it
K:IRepo nslNID6V'C ReportsV)2-27-06UR7N 06-1936 (Williams).doc
undesirably increases the load on public services.
Increased load on public services was taken into consideration for the
recommendations from Engineering, Police and Fire Department that are
included in this report.
If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning
even though there are reasons under b (1) through (4) above why
the proposed zoning is not desirable.
Finding: N/A
K: IRepons120061PC Reports l02-27-061RZ N 06-1936 ryYYilliwns).doc
161.10 District Rmf-6, Residential Multi -
Family — Six Units Per Acre
(A) Purpose. The RMF-6 Multi -family
Residential District is designed to permit and
encourage the development of multi -family
residences at a low density that is appropriate to
the area and can serve as a transition between
higher densities and single-family residential areas.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 11
Manufactured home park
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
II Units er acre I 4to6
(D) Bulk and area regulations: '' ` `'' `'`'
(1) Lot width minimum.
(3) Land area per dwelling unit.
Manufactured home
3,000 sq.
ft.
Apartments:
No bedrooms
1,700 sq.
ft.
One bedroom
1,700 sq.
ft.
Two or more
2,000 sq.
ft.
bedrooms
Fraternity or Sorority
1,000 sq.
ft. per resident
(E) Setback requirements.
Front
Side
Rear
25 ft.
8 ft.
25 ft.
Cross reference(s)—Variances, Ch. 156.
(F) Height regulations. Any building which
exceeds the height of20 feet shall be set back from
any side boundary line an additional distance of
one foot for each foot of height in excess of 20
feet.
(G) Building area. None.
(Ord. No. 4325, 7-3-01)
Manufactured home park 100 ft.
Lot within a manufactured home park 50 ft.
Sin le-fami _ , ,• 60 ft.. . ,
Two-family . -., 60 ft. .. - _ _. - _-
Three and more 90 ft.
Professional offices 100 ft.
(2) Lot area minimum.
Manufactured home park
3 acres
Lot within a Manufactured home park
4,200 sq. ft.
Townhouse:
.Development
.Individual lot
10,000 sq. ft.
2,500 sq. ft.
Single-family
6,000 sq. ft.
Two-family
7,000 sq. ft.
Three or more
9,000 sq. ft.
Fraternity or Sorority
2 acres
Professional offices
I acre
K: IReporis120061PC Reports l02-27-06IR7N 06-1936 ({vlliamss).doc
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
February 17, 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 06-1935 (Fletcher Williams, 474) submitted by
Randy Ritchey Steadfast, Inc for property located at 370 Double Springs Rd. 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.
Sincerel� r/
Captain William rown
Fayetteville Police Department
FAYETTEVILLE POLICE DEPARTMENT
100-A WEST ROCK STREET (DELIVERIES) POLICE: 1 00-A WEST ROCK STREET 72701
FAYETTEVILLE, ARKANSAS 72701 PHONE: 479.587.3555 FAX: 479.587.3522
Fayetteville Fire
Department
EMO
To: . Suzanne Morgan, Andrew Garner, Jeremy Pate, and Jesse Fulcher
Thru: Chief Tony Johnson
From: Captain Dale Riggins _
Date: February 21, 2006
Re: February 16, 2006 Zoning Review - Fire Department Comments
ANX 06-1935 (Fletcher Williams, 474)
RZN 06-1936 (Fletcher Williams, 474)
These 10 acres are covered by Engine 7 located at 835 Rupple Road.
It is 3 miles from the station with an expected response time of 6 minutes to the entrance
of this development.
The Fire Department anticipates 13 (8 EMS — 5 Fire/Other) calls for service per year
once the development is completed and maximum build -out has occurred.
Measured Hydrant Flow in this area is 1465 gallons per minute.
The service impact of this development will typically take eighteen months after the
development is started, and the units begin to be occupied, to occur.
There should be no adverse effects on our call volume or response time to this
development.
If you have any questions, please feel free to call or email me
(Dale Riggins
Captain
Fayetteville Fire Department
ANX06-1935 RZN06-1936 Fletcher Williams 10 acres 6 Minute Response
RZN06-1934 Broyles Commercial 10.06 Acres 2.25 Minute Response
REQUEST FOR REZONING
1/19/06
To whom it may concern,
Please accept this request for annexation and re -zoning of property situated adjacent to
the City of Fayetteville. The property is located at 370 Double Springs Road in
Fayetteville, AR 72704 and is owned by Fletcher and Imogene Williams. The property
contains 9.70 acres and is contiguous with the City of Fayetteville on 2 sides. Mr. and
Mrs. Williams wish to sell their property to Olika Investments, who then intends to
develop a residential subdivision on the site.
The annexation and rezoning are requested so that the property can be used according to
the RMF-6 zoning to accommodate the construction of townhomes.
The use of the property for townhome construction will be consistent with nearby
developments as Legacy point contains a section of townhomes. The current conceptual
plan proposes the construction of 26 townhomes, which is a total of 52 living units. We
believe this development will not generate enough increased traffic to significantly
impact the current traffic patterns. The type and style of construction and entry signage
will closely match the existing construction in Legacy Point.
Water is available from an existing 8" water main both on the West and East sides of the
property. Sewer is available from an existing 8" gravity main on the West side and a 4"
pressure main on the East side.
lIE Pt4a Nai16 mm- ALA. M JTh +v5I-46. p part oUNou Etct�r o-qe aa-
aw� Pe 1 j41 HSp c.. 6cz RHNEI ngij
REQUEST FOR REZONING
1/19/06
To whom it may concern,
Please accept this request for annexation and re -zoning of property situated adjacent to
the City of Fayetteville. The property is located at 370 Double Springs Road in
Fayetteville, AR 72704 and is owned by Fletcher and Imogene Williams. The property
contains 9.70 acres and is contiguous with the City of Fayetteville on 2 sides. Mr. and
Mrs. Williams wish to sell their property to Olika Investments, who then intends to
develop a residential subdivision on the site.
The annexation and rezoning are requested so that the property can be used according to
the RMF-6 zoning to accommodate the construction of town homes.
The use of the property for town home construction will be consistent with nearby
developments as Legacy point contains a section of town homes. The current conceptual
plan proposes the construction of 46 to 53 living units. We believe this development will
not generate enough increased traffic to significantly impact the current traffic patterns.
The type and style of construction and entry signage will closely match the existing
construction in Legacy Point.
Water is available from an existing 8" water main both on the West and East sides of the
property. Sewer is available from an existing 8" gravity main on the West side and a 4"
pressure main on the East side.
The proposed RMF-6 zoning is consistent with current land use planning ordinances and
is consistent with current surrounding land use.
The re -zoning is needed because the assigned RA zoning does not allow construction of
residential subdivisions as proposed for the property.
While the zoning would allow a maximum of 58 units, we are submitting a Bill of
Assurance stating we will not build more than a maximum of 53 units. This is a density
of 5 units per acre. We do not believe this subdivision will significantly impact the
traffic danger or congestion.
While any development will certainly affect the public services, this development is
small in scale and should not add significant strain to the existing public services.
The assigned zoning of RA is impractical for developing the property as a subdivision.
Overview
r ,
Streets
Existing
Planned
Boundary
'mss Planning Area
H000%
00 Overlay District
00000
0 Outside City
Legend
0 100
200
400
600
800
Feet
RZN06-1936
Close Up View
RSF-1
Q
FLETCHER WILLIAMS
ppIL� 13 q 90
F fl
RSF-4 E
IMMON ST
pFeSiMM°ry Sr
SUBJECT PROPERTY
a
I
C
Legend
�00000 Oveday Disekt
0000�
— FLOODWAY — 500 YEAR
—100 YEAR — LIMITOF STUDY
— — - Baseline Profile
O Fayetteville
ONslde City
RZNW-1938
® Veolor.GDS.FoolpdM2004
125 250
500 750
a
�I
R -A
RSF-4
0
•� .` III I• , I• �_I^ I• I •��_
From: Clarice Pearman
To: Pate, Jeremy
Date: 4.7.06 4:24PM
Subject: Ords. 4849, 4850, 4851, 4852 & 4854
Jeremy,
Attached are the above ordinances passed by City Council, April 4, 2006 regarding various vacations,
annexations, rezoning and waivers.
Thanks.
Clarice
CC: Bell, Peggy; Deaton, Vicki; GIS
. y.
0
NORTHWEST ARKANSAS EDITION
Benton County Daily Record
P.O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Maria Attaway, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of:
ORDINANCE 4852
Was inserted in the Regular Editions:
April 13, 2006
Publication Charge: $114.98
Subs bed ar
This ay of
Notary Public
before me
Notary ruull
State of Arkansas
My Commission E ictsnmission Expires
October 18, 2014
**NOTE** Please do not pay from
Invoice will be sent.
RECEIVED
APR 17 2006
f _•ORDIMANGE NO. O95Y . a a - , ✓ , a ..
AN ORDINANCE REZONING (THAT PROPERTY - f:
DESCRIBED IN REZONING PETITIONRZN 06-1936,
FOR APPROXIMATELY 9.70 ACRES, LOCATED AT
A. RESIDENTIALAGRICULTURAL TORMF-6, RESIT{,' ,^ 1�w•W x aAkGl
ARKN +1
A5A5
DENTIAL MULTIFAMILY, 6 UNITS' PER ACRE. SUB- .Ir :i'I )f GI
yECT TO A BILL OF ASSURANCE °1:.: ... far r - ::14
BE; IT ORDAINED BY THE CITY ;COUNCIL OF THE CITYOF FAYETTEVILLE°
ARKANSAS: a.'I F i,: .q�l _ti
-i ` escri e. ,,•rte.l ty
3-
o ssi �. .i-ol!ii
hereby than
Sectlon•1: That zone classification of the following described propefty Is hereby changed as IOF
the on g
From fl -A; Resldehllal Agriculural to RMF-6, Residential Mufti -Family. 6 units per acre, as shown on
Exhibit 'A' attached hereto and made a part hereof.
T. 1 177 1+ , r --t 1. a. t. . If . .t Ql r . ♦
Section 2: That the official zoning map of the City of Fayetteville. Arkansas is hereby amended )0
7
reflect the zoning change provided in Section 1 above. . l!Ai : -1.J"i t'
I
Section 3: That the subject property will be subject to a Bill of Assurance attached hereto and made
."
a pert'hereof as Exhibit 'B'. limiting the type and locatii of dwelling units on the Property.
I
PASSED eirJ APPROVED this 9th day of April; 2006. '- I. ! 'I'. r Z I :.i
APPROVED: ..{; ATTEST
1 ;1 3'1 [ ° rh. �xTl 4V
By: .. i1. 1. d�By�°l'.I::) i�
I
DAN COODY, Mayor - SONDRA SMITH. City Clark . ♦
-I rtufs.
,�
•s elf .1.r:'61EXHIBIT'A' < J .
d
RZN 06-1936
A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, .OWN:
SHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICtJ-
LARLY DESCRIBED AS FOLLOWS, TO -W[1 BEGINNING AT KPOINT WHICH IS S023825'W
-
661.08' FROM THE NORTHEAST CORNER OF THE SAID SECTION 15 AND RUNNING THENCE
J
S02°3825'W 330.92. THENCE NB8°16'00'W 1278.75' TO THE EAST RIGHT -OP -WAY OF COUNTY,
-J
EASEMENTS AND RIGHTS -OF -WAY OF RECORD. IF ANY.
•. .'t•' 'EXHIBIT'B'MAY BE VIEWED IN THE OFFICE OF THE ir'iT z
CITY CLERK DURING NORMAL BUSINESS HOURS.., d
CITY OF FAYETTEVILLE
Cr" Lcot;'S OFFICE