HomeMy WebLinkAboutOrdinance 4974 A 1 IIIIIIIIIII IIIIIIII IIIIIIIIII IIIIIIIIIIIIIII VIII VIII VIII VIII IIIIIIIIIII
Doc I0 : 010844280003 TVDe : REL
Recorded : 02/15/2007 at 01 : 22 : 15 PM
Fee Amt : $14 . 00 Pace 1 of 3
Washlnoton Countv . AR
Bette 3tamos Circuit Clerk
File2007-00005765
i
ORDINANCE NO. 4974
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 06-2344, FOR
APPROXIMATELY 34.44 ACRES, LOCATED AT THE
NORTHEAST CORNER OF DOUBLE SPRINGS ROAD AND
SELLERS ROAD, FROM R-A, RESIDENTIAL
AGRICULTURAL, TO RSF-2, 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-2,
Residential Single-Family, 2 units per acre, as
shown on Exhibits "A" and `B" 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. ` %01111 ,„,j /
`e r K/TR ” .
PASSED and APPROVED this 16'h day of January, 2007.
_ ; FAYETTEVILLE •
APPROVED: ATTEST: z^
sy
By: By:eoiid�
DA OODY, May SONDRA SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN 06-2344
PART OF THE NEI/4, SEI/4 OF SECTION 15, T16N, R31W IN WASHINGTON COUNTY,
ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT
THE NE CORNER OF SAID NEIA, SETA THENCE S0203714611W 1302.09 FEET, THENCE
N88044'23"W 93 .06 FEET, THENCE ALONG A CURVE TO THE LEFT 141 . 17 FEET, SAID
CURVING HAVING A RADIUS OF 476.00 FEET AND A LONG CHORD BEARING OF S82045'50"W
140.66 FEET, THENCE S74016'0311W 0.69 FEET, THENCE N87054'07"W 1050.97 FEET, THENCE
NO2016'48"E 866.42 FEET, THENCE S87046' 18"E 440.97 FEET, THENCE NO204415811E 460.06 FEET,
THENCE S8744'26"E 21 .00 FEET, THENCE NO2028'12"E 3.35 FEET, THENCE S8704412611E 825.57
FEET TO THE P.O.B.; CONTAINING 34.44 ACRES MORE OR LESS SUBJECT TO EASEMENTS
AND RIGHT OF WAY RECORD.
f
EXHIBIT "B"
RZNO6-2344 DUNNERSTOCK=WINDSOR SID
Close Up View
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Legend
OVe7VleW t
g00oqO
molso vutaY dsbifl _ 0.000 WAY — 500YFJJt
— 100 YEAR -'-- Ln&T OF STUDY
B86 Um AofM a
O Fayetteville
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xetbrA3D8.foo10dt�2001
0 175 350 700 1,050 1,400
F t
Washington County, AR
I certify this instrument was :filed on
0271572007 01 :22: 18 PM
and recorded in Real Estate
File Number 2007;00005785
Bette Stamps- circuit CI
Iby
Ogb
` City of Fayetteville 1 / 47 /07'0
Staff Review Form q- 7 `!J
City Council Agenda Items � Oro -2. 341y/
or
Contracts � y(1
2-Jan-071 ` �f
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
RZN 06-2344: (Dunnerstock and Windsor SD, 513): Submitted by Dave Jorgensen for property located at northeast corner of
Double Springs Road and Sellers Road. The property is zoned R-A, Residential Agricultural, and contains approximately
34.44 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 Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project Category Name
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
(^ IS ,O Previous Ordinance or Resolution # n/a
Departmeni Dinc L Date Original Contract Date: n/a
J-� Original Contract Number: n/a
(2- IS-vG
i Attorney
Received in City Cler'k's Olfc
ENTERED
VV4..)i G.
Finance and Internal Service Director Date
Received in Mayor'
2r /
Mayor Date
Comments:
City Council Meeting of January 2, 2007
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 Planning
Date: December 12, 2006
Subject: Rezoning for Dunnerstock — Windsor Subdivision (RZN 06-2344)
RECOMMENDATION
The Planning Commission recommended in favor of rezoning the subject property from
R-A to RSF-2 on approximately 34.44 acres located located at the northeast corner of
Double Springs Road and Sellers. ,
BACKGROUND
The subject property contains approximately 34.44 acres and is located at the northeast
corner of Double Springs Road and Sellers Road. Double Springs Road along the
western property line provides a major north-south connection with Wedington Drive and
is not improved to its City of Fayetteville Master Street Plan designation as a Minor
Arterial. Sellers Road is an unimproved gravel road along the southern property line.
The property has been under construction for a 28-lot subdivision within the City of
Farmington Planning Area, prior to it being annexed into the City of Fayetteville.
Construction has ceased on the property, pending zoning and development approvals.
The applicant has the right to develop the 28-lot subdivision that was approved by the
City of Farmington. The surrounding property is undeveloped and agricultural/rural
residential.
DISCUSSION
This item was heard at the regular Planning Commission on December 11 , 2006. The
Planning Commission discussed that they were not in favor of rezoning the property to
RSF-4 as originally requested. The applicant agreed with staffs recommendation to
modify the rezoning request to RSF-2. The Planning Commission voted 8-0-0 to
recommend approval of this rezoning request to the City Council.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 06-23447 FOR
APPROXIMATELY 34.44 ACRES, LOCATED
AT THE NORTHEAST CORNER OF DOUBLE
SPRINGS ROAD AND SELLERS ROAD, FROM
R-A, RESIDENTIAL AGRICULTURAL, TO RSF-
2, 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-2,
Residential Single-Family, 2 units per acre, as
shown on Exhibits "A" and `B" 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—day of J 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 06-2344
PART OF THE NEIA, SEI/4 OF SECTION 15, T16N, R31 W IN WASHINGTON COUNTY,
ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NE CORNER OF SAID NEIA, SETA THENCE S0203714611W 1302.09
FEET, THENCE N88044'23 "W 93 .06 FEET, THENCE ALONG A CURVE TO THE LEFT
141 . 17 FEET, SAID CURVING HAVING A RADIUS OF 476.00 FEET AND A LONG
CHORD BEARING OF S82045'50"W 140.66 FEET, THENCE S7401610311W 0.69 FEET,
THENCE N87054'0719W 1050.97 FEET, THENCE NO2016148 "E 866.42 FEET, THENCE
S87046' 18"E 440.97 FEET, THENCE NO2044'58"E 460.06 FEET, THENCE S87044126"E 21 .00
FEET, THENCE NO202811211E 3 .35 FEET, THENCE S87044'26"E 825 .57 FEET TO THE
P.O.B.; CONTAINING 34.44 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND
RIGHT OF WAY RECORD.
EXHIBIT 121311
RZN06-2344 DUNNERSTOCK-WINDSOR S/ D
Close Up View
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Legend
OV67V19w
m0oeeS Oveby MNci _ fL000YJnY — 500 YEPH
— t00YEAR --- llldlT OFSRMY
6atelhm PrW
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0 175 350 700 1,050
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Taye LL V 1 PC Meeting of December 1. 1 , 2006
ARKANSAS
125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: November 21 , 2006 Updated December 12, 2006
RZN 06-2344: (DUNNERSTOCK - WINDSOR S/D, 513): Submitted by DAVE JORGENSEN
for property located at NORTHEAST CORNER OF DOUBLE SPRINGS ROAD AND SELLERS
RD. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately
34.44 acres. The request is to rezone the subject property to RSF-4, Residential Single Family, 4
units per acre.
Property Owner: Dunnerstock Development, Inc.
Planner: Andrew Garner
RECOMMENDATION:
Staff recommends denial of the requested rezoning from R-A to RSF-4 based on the
findings herein.
PLANNING COMMISSION ACT-ION:' Required i� YES
I�. _. X ForwardedMe TA tAn
G� ❑ Denied + .
Date vbeceniber 11 2006t.-
Motion: -Clark (Recommend in favor of RSF-2 zoning on the properh }
Second: Myres i'
Vote 8 0-0
Comment: At the meeting the applicant 'agreed to staff's recommended RSF-2 zoning:",'
CITY COUNCIL ACTION „ Required V3. YES =>
❑ "Approved '� ` �' ❑ Denied
r a °:
Date January 2, 2007 0" reading if recommended} ° -�" r
a ,
� r
t-
BACKGROUND:
November 27, 2006 Planning Commission: This item was tabled at the request of the applicant at
the November 27, 2006 Planning Commission meeting for the applicant to get more feedback from
staff on their recommendation for denial. Public comment was heard at that meeting with several
K:IReporls12006WC ReporiW 1-11-o6WN 06-2344 (Dunnerstock .Subdivision) dog
property owners in the vicinity commenting that they were opposed to the proposed rezoning to RSF-
4 due to the rural residential nature of the area and existing established large lots and low density.
Subsequent to that meeting the applicant has submitted plats to the City indicating that a subdivision
(Sellers Subdivision) has been approved across the street from the subject property, and also
submitted a sewer plan for connection of the subject .property to City sewer.
Staff original recommendation for denial of the requested RSF-4 zoning has not changed.
City of Farmington Approval.• The Dunnerstock Subdivision was approved and platted through the
City of Farmington in the Farmington Planning Area for a 28 lot subdivision with individual septic
systems for each lot. The infrastructure for this subdivision is in the process of being installed with
streets already cut and curb, gutter, gravel base, and the water line installed. An aerial photo taken in
2006 is attached to this packet and shows construction on the property.
City of Fayetteville Annexation: The City of Fayetteville approved annexation of the subject property
by general election on October 16, 2006 and officially accepted the property into the City on
November 21 , 2006. This land is automatically rezoned to Residential-Agricultural (R-A) as part of
the annexation process.
Property Description: The subject property contains approximately 34.44 acres and is located at the
northeast corner of Double Springs Road and Sellers Road. It is zoned R-A, inconsistent with the
Interim.Future Land Use Plan designation of the property as Residential. As mentioned above, the
property has been under construction for a 28-lot subdivision within the City of Farmington Planning
Area, prior to it being annexed into the City of Fayetteville. Construction has ceased on the property,
pending zoning and development approvals. Should the applicant choose, the right to develop under
the provision of the approved preliminary plat is permitted. As shown in Table 1 , the surrounding
property is undeveloped and agricultural/rural residential.
Table 7
Surrounding Land Use and Zoning
Direction Land Use Zoning
North Rural residential/pasture R-A
_ South Rural residential/undeveloped
ed City of Farmington
East Undeveloped/rural residential R-A
West Pasture/rural residential cityof Farmin ton
Proposal: After this property was annexed into Fayetteville the applicant decided to re-evaluate
development of the property and has submitted a revised subdivision concept plat to the City of
Fayetteville with smaller lots, increasing the subdivision density from 28 to 78 lots. The applicant
also proposes to connect to the City sewer system to the north with a small lift station. In order to
develop the property for 78 lots the applicant proposes a rezoning of the 34.44-acre property to RSF-
4 for a single-family subdivision.
Recommendation: Staff recommends denial of the rezoning request based on findings stated herein.
K.Weporu120061PC Reporu112-11-06RM 06-2344 (Dunnvstock Subdivision).doc
The development of this property at the zoning proposed will be inconsistent to that of surrounding
rural residential/agricultural properties and will result in an isolated zone of RSF-4 in an area
surrounded by either City of Farmington or R-A, which does conform to City policy. Staff would be
in favor of rezoning the property to RSF-2 in order to allow the 28-lot subdivision previously
approved through the City of Farmington to be completed and permit connection to the sewer
system.
INFRASTRUCTURE:
Streets: The site has access to Double Springs Road. Double Springs Road is a Minor Arterial
and has been improved with the construction of this development.
Water: Public water is located throughout the site. There is an 8" waterline system that was
extended through the development.
Sewer: Sanitary sewer is available adjacent to the site. There is a lift station being
constructed on the adjacent property which will be modified to carry the flow
generated from this development. This property is located in the Hamestring Creek
lift station drainage basin.
Drainage: Standard improvements and requirements for drainage will be required for the
development.
Fire: These 34.44 acres are covered by Engine 7 located at 835 North Rupple Road. The
property is 3 .4 miles from the station with an expected response time of 7.5 minutes.
The Fire Department anticipates 31 ( 19 EMS — 12 Fire/Other) calls for service per
year once the development is completed and maximum build-out has occurred.
There is no measured hydrant flow in the area. 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. The response time is above the Fire
Department's goal of having the first unit on the scene within 6 minutes, 90% of the
time, and the goal of assembling all responding units to the scene of a moderate risk
assignment within 10 minutes; 90% of the time.
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: The Interim Future Land Use Plan adopted as part of the City Plan 2025
designates this site Residential. Rezoning this property to RSF-4 is compatible with the City Plan
designation, but is not compatible with the surrounding density of surrounding undeveloped and rural
residential property.
K:IReporv120061RCReporLsV2-11-06VtZN06-2344 (Dnnnawsiock Su6dicision).doc
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 zoning for single-family use at four units per acre is not
compatible with adjacent and nearby agricultural and rural residential uses.
The City Plan 2025 designates this area for Residential land use. It does not
designate density levels; staff, the Planning Commission and the City Council is
charged with evaluating surrounding land uses and the proposal's compatibility
with these uses. The proposed density is not consistent with the existing density
allowed on the surrounding undeveloped properties and would create a spot
zone. Rezoning this property RSF-4 adjacent to property zoned R -A and City
of Farmington does not create compatible development patterns. Staff finds
that the zoning request is not entirely consistent with land use planning
objectives, principles and policies. Staff would recommend in favor of a
rezoning request to RSF-2 to allow for a residential subdivision similar to that
already under construction to be completed.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that the proposed zoning is not justified at this time. The proposed
zoning would result in an isolated area of RSF-4. surrounded by rural
residential and agricultural uses and either R -A zoning or City. of Farmington.
Although the City Plan 2025 designates this area as residential, the
configuration of the proposed property to be rezoned is not appropriate given
...the surrounding land uses. The previously approved subdivision on the
property with 28 lots (approximately 1.2 -acres per lot) has a greater degree of
compatibility than the proposed RSF-4 zoning. The immediate vicinity does not
currently have the type of density or zoning requested by the applicant.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The additional density under the proposed RSF-4 zoning will create a fairly
substantial increase in the amount of traffic in the surrounding rural area. The
property to be rezoned adjoins Double Springs Road along the western property
line which provides a major north -south connection with Wedington Drive and
is not improved to its City of Fayetteville Master Street Plan designation as a
Minor Arterial. Sellers Road is an unimproved gravel road along the southern
property line. To develop at the maximum proposed density would produce
approximately 1,380 vehicle trips per day (34.44 acres x 4 units/acre = 138 units
= 1,380 average daily vehicle trips) compared to 280 vehicle trips per day if the
previously approved 28 -lot subdivision were developed under an RSF-1 or RSF-
K:lRepons12006NC ReportvV 2-11-06VRZN 06-2344 (Dunne -stock Subdivrsion).doc
2 zoning. The applicant has indicated that if rezoned RSF-4 the property would
be developed with 78 lots, resulting in approximately 780 vehicle trips per day.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and sewer
facilities.
Finding: The proposed zoning would increase population density from that zoning
currently in place. The 34.44 acre tract under an R -A zoning designation allows
for a maximum of 17 single family residential dwelling units. With the proposed
RSF-4 designation, a maximum of 138 single-family dwelling units would be
permitted, resulting in the potential increase of 121 residential units. This
change in zoning will substantially increase the possible number of residential
units and is not in keeping with existing land uses and density in the
surrounding area.
• Increased load on. public services were taken into consideration and
recommendations from Engineering, Fire, and Police Departments are included
in this report. The impact to public services was determined to be less than
significant with the incorporation of standard improvements as part of the
development.
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
K. 1Reporrs12006NC Reportsll2-11-061RZN 06-2344 (Dunnaslock Subd(eision).doc
CITY OF FAYETTEVILLE UNIFIED
DEVELOPMENT CODE
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 right
Unit 3
Public protection and utility facilities
Unite.
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
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 I One-half
(D) Bulk and area regulations.
Lot width minimum
200 ft.
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwelling unit
2 acres
E) Setback requirements.
Front
Side
Rear
35 ft.
20 ft.
35 ft.
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.
(Code 1965, App. A., An. 5(l); Ord. No. 1747,6-29-70; Code 1991,
§ 160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-
99)
161.06 District RSF-2, Residential Single -
Family — Two Units Per Acre
(A) Purpose. To provide a single-family dwelling
transition zone between single-family
neighborhoods that have developed with larger lot
sizes (one acre and over) and areas that have
developed with smaller lot sizes (8,000 sq. ft.), and
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.
(C) Permitted uses.
Unit 1
City-wide
uses by right
Unit B
Single-family
dwellin
s
(D) 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 24
Home occupations
Unit 36
Wireless communications facilities
(E) Density.
Units per acre I 2 II
(F) Bulk and area regulations.
Lot width minimum
100 ft.
Lot area minimum
17,860 Sq. Ft.
Land area per dwelling unit
17860 Sq. Ft.
(F)
Height
requirements.
There
shall be no
(G) Setback requirements.
maximum
height limits
in the
A -I District,
K: Reporu12006 PC Reports V 2-1 t-061RZN 06-2344 (Duanerstock .Subdivision,). doc
Front
Side
Rear
30 ft.
15ft.
30 ft.
(H) Height. Structures in this District are limited to
a building height of 45 feet. The height of a
proposed structure may only be increased above 45
feet by obtaining a variance after hearing by the
Planning Commission. Existing structures that
exceed 45 feet in height shall be grandfathered in,
and not considered nonconforming uses.
(1) Building area. None
(Code 1991, §160.045;Ord. No. 3792, §4, 5-17-94; Ord. No.4100, §2
(Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4858, 418-06)
161.07 District RSF-4, Residential Single -
Family — Four Units Per Acre
(A) Purpose. The RSF-4 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 uses.
Unit 2
City-wide uses by conditional use permit
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
dwellings
Two-family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and area regulations.
Single-family
dwellings
Two-family
dwellings
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.
dwelling unit
Hillside Overlay
60 ft.
70 ft.
District Lot minimum
width
Hillside Overlay
8,000 sq. ft.
12,000 sq -ft.
District Lot area
minimum
Land area per
8,000 sq. ft.
6,000 sq. ft.
dwelling unit
(E) Setback requirements.
FRONT
SIDE
REAR
25 ft.
8ft.
20 ft.
HOD Front
HOD Side
HOD Rear
15 ft.
5ft.
15 ft.
(F) Height. Structures in this District are limited to
a building height of 45 feet. The height of a
proposed structure may only be increased above 45
feet by obtaining a variance after hearing by the
Planning Commission. Existing structures that
exceed 45 feet in height shall be grandfathered in,
and not considered nonconforming uses.
(G) Building area. On any lot the area occupied
by all buildings shall not exceed 40% of the total
area of such lot.
(Code 1991, § 160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
4178, 8-31-99; Ord. 4858, 418-06)
K:IReportsl2006TC Reports\t2-11-061RZN 06-2344 (Dunnrrstock Subdivision). doe
Fayetteville Fire
Department
To: Suzanne Morgan, Andrew Garner, Jeremy Pate, and Jesse Fulcher
Thru: Chief Tony Johnson
Asst Chief Bud Thompson' t . -
From: Captain Dale Riggins
Date: November 20, 2006
Re: November 20, 2006 Zoning Review — Fire Department Comments
RZN 06-2344 (Dunnerstock — Windsor S/D)
These 34.50 acres are covered by Engine 7 at 835 Rupple Road.
It is 3.4 miles from the station with an expected response time of 7.5 minutes to the
beginning of this development: 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.
The Fire Department anticipates 31 (19 EMS —12 Fire/Other) calls for service per year
once the development is completed and maximum build -out has occurred.
There is no Measured Hydrant Flow in this area.
The service impact of the development will typically take eighteen months after the
development is started, and the units begin to be occupied, to occur.
RZN 06-2345 (Sloan)
These 19.23 acres are covered by Engine 7 at 835 Rupple Road.
It is 3.1 miles from the station with an expected response time of 7 minutes to the
beginning of this development. 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.
The Fire Department anticipates 35 (22 EMS — 13 Fire/Other) calls for service per year
once the development is completed and maximum build -out has occurred.
There is no Measured Hydrant Flow in this area.
The service impact of the development will typically take eighteen months after the
development is started, and the units begin to be occupied, to occur.
12/06/2005 13:39 FAX 4795824807 JORGENSEN & ASSOC - FAY PLAN/ENGR tj001
'4Y
• JORGENSEN & ASSOCIATES
CIVIL ENGINEERS • SURVEYORS
124 WEST SUNBRIDGE, SUITE 5 • FAYEI7EVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX (479) 582-4807
DAVID L. JORGENSEN, P.E., P.L.S.
CHRISTOPHER B. BRACKETT, P.E.
12/7/06
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Attn: Jeremy Pate
Re: Windsor Subd. (Rezoning Request)
Dear Jeremy;
Attached herewith please find a copy of the bill of assurance to limit the lots to 78 on the
above referenced project. This makes the density 2.26. As mentioned this makes a
difference in the affordability of installing sewer, the pump station and force main. If we
cannot obtain the zoning that would allow 78 lots it is questionable that the cost of these
improvements is justifiable.
As mentioned, Shannon Jones is working on the preliminary plans for the future pump
station, gravity lines and force main that will be located in Farmington that will require
easements through this property.
Please call concerning any questions you may have.
Thank you.
Sincerely;
David L. Jor nsen, P. .
•STRUCTURAL DESIGN • LAND DEVELOPMENT • WATER SYSTEMS ' WASTEWATER SYSTEMS • LAND SURVEYING
12/06/2005 13:39 FAX 4795824807:A_ JORGENSEN & ASSOC FAY PLAN/ENGR RJ002
- y
• 0
1
BILL OF ASSURANCE
FOR THE CITY OF FAYErI'EVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification,
the owner, devel er, or buyer. of thip property, (hereinafter "Petitioner")
Ilnncsnxx.9ev. (34ry..r_ r - hereby voluntarily offers this
Bill of Assurance and enters into this binding agreement and contract with the
City of Fayetteville, Arkansas.
The Petitioner expressly grant$ 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 L. Y•
2. Other restrictions including number and type of structures upon the
property are limited to �P� r Li H I I4 2-e> I8 n
3. Specific activities will not be allowed upon petitioner's property
include •4-
4. (Any other terms or conditions) MO u E-
12/06/2005 13:39 FAX 4795824807 JORGENSEN & ASSOC FAY PLAN/ENGR IJ003
5. 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 WHEREOF and in agreement with all the terms and
conditions stated above, L M n2 )4c:g as the
owner, developer or buyer (Petitioner) voluntarily offer all such assurances and
sign my name below.
bzrrntx I,
Date
Address
STATE OF ARKANSAS
COUNTY OF WASHINGTON
Printed Name
Signature
NOTARY OATH
And now on this the 1 day of___________ , 200tn appeared
• before me, (YYTLr1L LX r? and
after keingplaced upon his/her oath swore or affirmed that he/she agreed with
S&teStthe above Bill of Assurance and signed his/her name above.
Y PUBLIC
— -My Coitmissu}n Expires:
TRANSMTiTAL FORM
TO: _
Attn:
FROM:
RE:
DATE: (( / 4Ob
A42n..i►W- vtA�.lc9ro
WE5�c Tbls IS f1JPl�Ltt�oi�<
CDuE,D ff-*ti,DE PJ)Ll, Z _
�- 7B %ns Dcsz ff 3JZ. 2�
r
' mo o 1oeBi1M Sr U4 Can- 0AJM b -t≤
milFillim
THi
.J
4 JORGENSEN & ASSOCIATES
CIVIL ENGINEERS • SURVEYORS
124 WESTSUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX (479) 582-4807
DAVID L. jORGENSEN, P.E., P.L.S.
CHRISTOPHER B. BRACKETT, P.E.
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Attn: Planning Dept
Re: Windsor Subdivision/Rezoning
Attached herewith please find a preliminary plat of the Windsor Subdivision. This
project was in the Farmington Growth Area and now it is annexed into the City of
Fayetteville.
This subdivision is partially constructed. The waterlines, storm drain and the curb and
gutter are installed. All work was done according to the City of Farmington and
Washington County standards.
Since this property has been annexed, the owner has decided to resubmit this plat to the
City of Fayetteville showing smaller lots which will require a rezoning request. The lots
were appr. 3/. acre with individual septic systems and this revised plan will require sewer
lines and a small pump station.
The existing zoning is R -A and we are requesting to rezone to RSF-4. The property to
the west is City of Farmington (a proposed single family subdivision). The property to
the north is R -A with a pending rezoning. The property to the east is R -A. Seller Road is
to the south.
Please review and call me concerning any questions you may have.
Thank you.
Sincerely;
David L. JoPgensen, P.E.
• STRUCTURAL DESIGN • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS * LAND SURVEYING
RZN06-2344 DUNNERSTOCK-WINDSOR SID
Future Land Use
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Overview Legend
Subject Property Boundary
1 RZN06-2344
'ti, Planning Area
(p000tL
Streets °$Oveday Disldcl
6 __ uoo oo
'N_ Existing Outside City ' Planned Legend
0 175 350 700 1,050 1,40
•Fet
RZN06-2344 DUNNERSTOCK-WINDSOR SID
Close Up View
SUBJECT PROPERTY
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Legend
Overview
80000
m000n Overay Distrkl _ FLO0DWAY 500 YEAH
100 YEAR ---' 11MIT OF STUDY
_ _ _ 9aseUne Profile
O Fayetteville
Outsido City
RZH06-2361
vectw.GD&Foolpdnt_2004
Hillside-Hilltap Overlay District
0 175 350 700
t
RZN06-2344
One Mile View
DUNNERSTOCK-WINDSOR SID
SUBJECT. PROPERTY
Overview Legend . Boundary
--
- -• _ - Subject Property '',.. Planning Area
— RZN06-2344 8000a
oOverlay District
00000°
Outside City
Legend
Hillside -Hilltop
0 0.25 0.5 1
District
From: Clarice Pearman
To: Pate, Jeremy
Date: 1.22.07 5:07 PM
Subject: Ords. 4974 & 4976, Refile 4941
Attachments: 4941 Refile Exhibit B.pdf; 4974 RZN 06-2344 Exhibit B.pdf; 4976 R-PZD 05-15
99 Zion Gardens.pdf
CC: Audit; GIS
Jeremy,
Attached is a copy of the above ordinances passed by City Council, January 16, 2007. Please let me know if there is
anything else needed.
Also, Ord. 4941 was refiled to reflect the correct Ex. B. I would like to let you know that when we have to ref'ile the
attachments the whole ordinance has to be refiled. That's a tidbit for you and me. I did not know that whole item would
have to me refiled. They let me slide today with just filing the ordinance and the Ex. B because I did not extra money.
Thanks. Have a good day.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575.8309
cpearman@ci.fayetteville.ar.us
I
r I ' � • %�� � ! 11 '�
NORTHWEST ARKANSAS EOiTlo
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Karen Caler, 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 4974
Was inserted in the Regular Editions:
January 25, 2007
Publication Charge: $84.40
Subscribed and sworn to before me
This/l ay ofC1 e2V, 2007.
Notary
My Commission Expires:
Sharlene D. Williams
Notary Public
State of Arkansas
My Commission Expires
October 18, 2014
RECENED
JAN 2 g 2007
CITY CLERKSS .
V, fy UHUINAMCL NO. 4V74
AN ORDINANCE REZONING THAI PROPERTY
DESCRIBED IN REZONING PETITION 2344, q
LOCATED
T'
FOR APPROXIMATELY 34.44 ACRES, LOCATED AT
THE NORTHEAST CORNER OF DOUBLE SPRINGS
ROAD AND SELLERS ROAD. FROM R -A, RESIDEPL 'ARKANSAS.,
TIAL AGRICULTURAL. TO RSF`2, RESIDENTIAL
SINGLE-FAMILY.2 UNITS PER ACRE. •
BE IT ORDAINED BY THE CITY COUNCIL OF THE. CITY OF FAYETTEVILLE,
ARKANSAS: -..i y •. d a `•
- r 1-.-.
Section 1: That the zone ctesslficallon of the following' described propehy is hereby changed as fol-
lows:
From fl -A. Residental Agricultural to RSF-2, Residential Single- Family 2 units per acre, as shown on
Exhibits A' and'B' attached hereto and made a part hereof.
Section 2: That the ofcial zoning mop of the Oily of Fayetteville, Arkansas is hereby amended to
reflect the zoning change provided in Section 1 above.
PASSED and APPROVED this 16th day of January, 2007.
APPROVED: ATTEST:
By:, v By
DAN COODY, Mayor - SONORA SMITH. City Clerkirmari dyer
• EXHIBIT 'A'
RZN 06-2344
PART OF THE NE114, SEV4 OF SECTION 15, T16N, R31W IN WASHINGTON COUNTY, ARKANSAS
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER
THENCE ALONG A CURVE TO THE LEFT 141.17 FEET. SAID CURVING HAVING A RADIUS OF
476.00 FEET AND A LONG CHORD BEARING OF $62°4550W 14066 FEET, THENCE S74016V3'W
0.69 FEET, THENCE N87°54407OW 1050.97 FEET, -THENCE NO2°16'4B'E 866.42 FEET, THENCE
'EET TO THE P.O.B.: CON
RIGHT OF WAY RECORD.
Ex hibi B is a map and may be viewed in the office of th ity clerkrtreasurer during normal business hours.