HomeMy WebLinkAboutOrdinance 5133 [IIII] IpIIIIi�III��III�u ,ppIIll
Doc ID : 012274140003 T
Recorded : 05/16/2008 at 02De : REL
26 : 25 PM
Fee Amt : $25 . 00 Paae 1 of 3
Mashlnoton County . AR
Bette Stamos Circuit Clerk
F11e2008-00016411
ORDINANCE NO. 5133
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 08-2937, FOR
APPROXIMATELY 26.9ACRES, LOCATED SOUTH OF
MOUNTAIN RANCH PHASE I AND PERSIMMON STREET,
EAST OF THE FUTURE EXTENSION OF RUPPLE ROAD,
FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER
ACRE TO RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS
PER ACRE. ,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classification of the following described property is hereby
changed as follows:
From RSF-4, Residential Single-Family, 4 units per acre
to RSF-8, Residential Single-Family, 8 units per acre, as
shown on Exhibits "A" and "B" attached hereto and made
a part hereof.
Section 2 : That the official zoning map of the City of Fayetteville, Arkansas is hereby
amended to reflect the zoning change provided in Section 1 above.
1\i, TRA
PASSED and APPROVED this 6th day of May, 2008. G`G�SY OF SGS`
Q
: FAYETTEVILLE •
APPROVED: ATTEST: - / =
' ss� 1?kANSGAJ`
n'GTON o•
" ,unuuua
By: ` By:
DAA tOODY, Mayor S NDRA SMITH, City Clerk/Treasurer
i
1 :
s'a ^ a cti .,i <�•��4'R.�� c ^4i''a ea'. �--. LKr �'`d'S'� d�'v'$ *'�`< �' -� V` 5�'4 'x k� "G-..Y."y £We''�-` z. t st�:
II
% � �1wu4 Sc �L S )+. F C � mai1 F �rv^ 4 •? �� Chi h '-� Jit �. .' Ay�:�" M4tki t C F t
5 x'Fg 4 to a
Zki
< zx Zy
- ,' �>•, sa '9"",�` ,3 m. '"tz�k'{ 5� 1 ( ' r'1iv� !3 s ' \ t 1 .a. P
rilc $ Nf ..
�� c��$����fi,��� .��•"�� ' Yn��' � s� q � t n ����r-c , L�,j Cs' �-a.r ' �,v'�-� ��`4 Ls;
I e .y gni
4�4& o-- �'-e" w-r � au•L7
w p e +yt
1 �tr
3
! r .
ITS
EXHIBIT `B"
RZN 08-2937
LEGAL DESCRIPTION : (RSF-4 TO RSF-8)
PART OF THE SEI /4 OF THE NEI/4 OF SECTION 13 , T16N, R31W IN WASHINGTON
COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE
SW CORNER OF SAID SEI/4, NEI /4 THENCE NO2020' 35"E 1318 . 83 FEET, THENCE
S87011 '285'E 825. 16 FEET, THENCE S02020' 3555W 160.97 FEET, THENCE ALONG A
CURVE TO THE RIGHT 157.08 FEET, SAID CURVE HAVING A RADIUS OF 150.00 FEET
AND A . CHORD BEARING OF S32020135"W 150.00 FEET, THENCE S62020135"W 82.78
FEET, THENCE S27039'25"E 22.93 FEET, THENCE ALONG A CURVE TO THE LEFT
157.08 FEET, SAID CURVE HAVING A RADIUS OF 150.00 FEET AND A CHORD
BEARING OF S57039125"E 150.00 FEET, THENCE S87039525"E 83 .07 FEET, THENCE
S02020'35"W 161 .95 FEET, THENCE ALONG A CURVE TO THE RIGHT 79.51 FEET,
SAID CURVE HAVING A RADIUS OF 250.00 FEET AND A CHORD BEARING OF
S11027' 16"W 79. 18 FEET, THENCE S2003355815W 20.95 FEET, THENCE ALONG A
CURVE TO THE RIGHT 42.26 FEET, SAID CURVE HAVING A RADIUS OF 200.00 FEET
AND A CHORD BEARING OF S63022' 52"E 42. 18 FEET, THENCE S57019'4177E 108 .76
FEET, THENCE ALONG A CURVE TO THE LEFT 154. 13 FEET, SAID CURVE HAVING A
RADIUS OF 500.00 FEET AND A CHORD BEARING OF S66009' 32"E 153 .52 FEET,
THENCE S15000' 36"W 170.42 FEET, THENCE ALONG A CURVE TO THE RIGHT 337.43
FEET, SAID CURVE HAVING A RADIUS OF 250.00 FEET AND A CHORD BEARING OF
S53040136"W 312.39 FEET, THENCE N87039'25"W 346. 76 FEET, THENCE S02020135"W
138.36 FEET, THENCE N87017'40"W 530.91 FEET TO THE P.O.B. ; CONTAINING 26.87
ACRES MORE OR LESS.
t
` ~ City of Fayetteville
L
Staff Review Form
City Council Agenda Items �ZNaB ay37
or
Contracts ln§wn7 /rl
15-Apr-08
,R City Council Meeting Date
Jeremy Pate ) Planning Operations
Submitted By Division Department
Action Required:
R7_N 08-2937: (Mountain Ranch Ph III, 478): Submitted by Jorgensen & Associates for property located at the west portion of
Mountain Ranch Phase III, south of Phase I. The property is zoned RSF-4, Residential Single Family, 4 units per acre, and
contains approximately 26.9 acres. The request is to rezone the subject property to RSF-4, Residential Single Family, 4 units
per acre.
Action Required: n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
nla n/a n/a
Account Number Funds Used to Date Program / Project CategoryName
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
r� Previous Ordinance or Resolution # n/a
Department D rector Date Original Contract Date: n/a
Original Contract Number: n/a
City Attorney
Received in City Clerk's Office ENTERED
4 J,2r7-0
Finance and Internal Service Director Date
Received in Mayor's Office ENTT�
/ /a7 8
Mayor Date
Comments:
City Council Meeting of April 15, 2008
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations �p
From: Jeremy C. Pate, Director of Current Planning a
Date: March 25, 2008
Subject: Rezoning for Mountain Ranch Phase III (RZN 08-2937)
RECOMMENDATION
Staff and the Planning Commission recommended to approve rezoning the subject
property from RSF-4, Residential Single-Family, 4 units per acre to RSF-8, Residential
Single Family, 8 units per acre for approximately 26.9 acres located south of Persimmon,
cast of the future extension of Rupple Road.
BACKGROUND
The property is currently vacant and is planned for development of Phase 111 of the
Mountain Ranch Subdivision, containing approximately 26.87 acres. The applicant
proposes to rezone the subject property from RSF-4 to RSF-8 to allow for a single-family
neighborhood with more variety of building area and setback than those permitted within
the RSF-4 zoning district. Allowable uses for the RSF-8 zoning district are the same as
those for the RSF-4 zoning district, with single family dwellings by right and two-family
dwellings by conditional use; however, the zoning change would allow for a varied
lot/housing size within the same neighborhood, as the higher density would be
surrounded on two sides (north and east) by the RSF-4 zoning districts. This situation is
encouraged by the City' s Future Land Use Plan in areas that can support the growth with
adequate infrastructure.
This property is in an area that supports higher residential densities and residential
services, which include Mountain Ranch Apartments, the Boys and Girls Club, Rupple
Row, and Owl Creek School. 1-540 and other major transportation corridors and non-
residential support services are in close proximity to this property.
DISCUSSION
This item was heard at the regular Planning Commission meeting on March 24, 2008.
The Planning Commission voted 9-0-0 to recommend forwarding this rezoning request to
the City Council with a recommendation for approval .
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED 1N REZONING PETITION RZN 08-2937, FOR
APPROXIMATELY 26.9 ACRES, LOCATED SOUTH OF
MOUNTAIN RANCH PHASE I AND PERSIMMON STREET,
EAST OF THE FUTURE EXTENSION OF RUPPLE ROAD,
FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER
ACRE TO RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 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 RSF-4, Residential Single-Family, 4 units per acre
to RSF-8, Residential Single-Family, 8 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 12008.
APPROVED : ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
•
IN
�-`��4��i�
:� rcv�3 ' `ate a ^ �� " � y ">„ � ➢'3e s'a"�. `..- ��si.,.R'- ;y-`w-a n'• tx�
^•'Zec�t1� ?. .f,- s - x e a `des-�w5 x-'tYi ,< \ =#itT/%""^�J�_
KX
IN
"5SIN'z'
i y `4ax e ffr c'yr 'S, � h'^ „F•y?� 8 � e 3 . ...i s i NX1 ,
Im
na�� ry
• . • s
vt _
x \ _
1 1 11 1 ..lil
EXHIBIT "B"
.RZN 08-2937
LEGAL DESCRIPTION: `(RSF-4 TO RSF-8)
PART OF THE SETA OF THE NEIA OF SECTION 13, T16N, R31 W IN WASHINGTON
COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE
SW CORNER OF SAID SEI /4, NEIA THENCE NO2020'3511E 1318.83 FEET, THENCE
S87011128"E 825. 16 FEET, THENCE S02020335"W 160.97 FEET, THENCE ALONG A
CURVE TO THE RIGHT 157.08 FEET, SAID CURVE HAVING A RADIUS OF 150.00 FEET
AND A CHORD BEARING OF S32020735"W 150.00 FEET, THENCE S62020135"W 82.78
FEET, THENCE S27039125"E 22.93 FEET, THENCE ALONG A CURVE TO THE LEFT
157.08 FEET, SAID CURVE HAVING A RADIUS OF 150.00 FEET AND A CHORD
BEARING OF S5703912573E 150.00 FEET, THENCE S8703912515E 83 .07 FEET, THENCE
S02020'35"W 161 .95 FEET, THENCE ALONG A CURVE TO THE RIGHT 79.51 FEET,
SAID CURVE HAVING A RADIUS OF 250.00 FEET AND A CHORD BEARING OF
SI 1027116"W 79. 18 FEET, THENCE S2003335811W 20.95 FEET, THENCE'ALONG A
CURVE TO THE RIGHT 42.26 FEET, SAID CURVE HAVING A RADIUS:OF 200.00 FEET
AND A CHORD BEARING OF S63022'52"E 42. 18 FEET, THENCE S57°I95417E 108.76
FEET, THENCE ALONG A CURVE TO THE LEFT 154. 13 FEET, SAID.CURVE HAVING A
RADIUS OF 500.00 FEET AND A CHORD BEARING OF S66009'32"E4053. 52 FEET,
THENCE S15°00'36"W 170.42 FEET, THENCE ALONG A.CURVE TO. TETE' RIGHT 337:43
FEET; SAID CURVE HAVING A RADIUS OF 250.00 FEET AND A CHORD BEARING OF
S53040'36"W 312.39 FEET, THENCE N87039'25"W 346.76 FEET, THENCEIS02°20' 35"_W
138.36 FEET, THENCE N87017540"W 530.91 FEET TO THE P.O.B.; CONTAINING 26.87
ACRES MORE OR LESS.
Taye e I PC Meeting of March 24, 2007
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM : Dara Sanders, Current Planner
THRU : Jeremy Pate, Director of Current Planning
DATE: * "a-�'«;--^., 'z9oe March 25, 2008
RZN 08-2937: (MOUNTAIN RANCH 111, 478): Submitted by JORGENSEN & ASSOC for
property located at THE W PORTION OF MOUNTAIN RANCH PHASE III, S OF PHASE I. The
property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 26.87
acres. The request is to rezone 26.9 acres of the subject property to RSF-8, Residential Single
Family, 8 units per acre.
Planner: Dara Sanders
BACKGROUND:
Property Description: The subject property is Mountain Ranch Phase III, zoned RSF-4, and contains
26.87 acres. It is located south of Mountain Ranch Phase I. This property is in an area that supports
higher residential densities and residential services, which include Mountain Ranch Apartments, the
Boys and Girls Club, Rupple Row, and Owl Creek School. Surrounding land use and zoning is
depicted in Table 1 .
TABLE 1 : SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North and East Single family residential RSF-4
South Residential Agricultural RSF- 1
West Vacant R-A
Proposal: The property is currently vacant for development of Phase III of the Mountain Ranch
Subdivision. The applicant proposes to rezone the subject property from RSF-4 to RSF-8 to allow for
a single-family neighborhood with reduced building setbacks ( 15 ' front, 5 ' side and rear) than those
permitted within the RSF-4 zoning district (25 ' front, 8' side, 20' rear). This would allow for a
varied lotthousing size within the same neighborhood. The higher density would be surrounded on
two sides (north and east) by the RSF-4 zoning districts.
Recommendation: Staff recommends approval of the rezoning based on findings stated herein.
Development on this site will be regulated by the city allowing for a uniform and consistent
development pattern. The higher density proposed in the interior of the Mountain Ranch Subdivision
would transition with surrounding RSF-4 lots to the north and east in the subdivision. The RSF-8
designation allows the potential for a more traditional form of development with narrow lots and
K:IReports110081PC Reports 106-March 241R%N 08-1937 (Mountain Rand IIQ.doc
homes closer to the street than would be allowed under a typical RSF-4 zoning. It also provides a
greater opportunity to provide a variety of lot and house sizes within the same development, creating
greater potential for an attainable housing product.
Public Comment: Staff has not received public comment.
INFRASTRUCTURE:
Streets: The site has access to Rupple Road and Powderhom Drive. Powderhom is currently
an improved two lane paved city street that was installed with Phase I of Mountain
Ranch. Rupple Road is constructed to the north property line of this development. hi
this area, Rupple is a 4-lane boulevard. Street improvements will be evaluated with
the proposed development.
Water: Public water is located along the property. There is an 8" water main stubbed out to
this property from Phase One of Mountain Ranch along Rupple and Powderhom
Drive. Water will need to be extended through the property mat the time of
development to meet the domestic and fire protection demands.
Sewer: Sanitary sewer is available to the site. There is an 8" sewer main stubbed out to this
property from Mountain Ranch Phase 1 along Powderhom Drive. Improvements to
the sewer system may be required dependent upon the demand placed by the
development. The capacity of the existing main may need to be studied at the time of
development
Drainage: Standard improvelnents and requirements for drainage will be required for the
development. This property is affected by the I00-year floodplain.
Fire: This property will be covered by Engine 7 located at 835 Rupple Road. It is 0.4 miles
from the station with an anticipated response time oft minutes. The Fire Department
anticipates that there will be 37 (24EMS- 13 Fire/other) calls for service, per year,
once this development is completed and maximum build out has occurred. The
Fayetteville Fire Department does not feel this development will affect our calls for
service or our response times.
Police: It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially alter the population density, create an undesirable increase in load on
police services, or create an undesirable increase in traffic danger and congestion.
CITY PLAN 2025 FUTURE LAND USE PLAN : City Plan 2025 Future Land Use Plan designates
this site as Residential Neighborhood Area. Rezoning this property to RSF-8 in the interior of the
Mountain Ranch Subdivision is compatible to the surrounding density of adjacent residential
development and consistent with the surrounding land uses. The RSF-8 zoning would allow for a
more traditional form of residential development with narrower lots and buildings closer to the street.
K:IRepora1200WC Reporrsl(16-Mardr 241R7N 08-2937 (Mountain Ranch 11I).Aoe
This would allow for a mix of lot sizes in an area that currently has a number of standard suburban
neighborhoods, consistent with the City Plan 2025 policies. .
RECOMMENDATION :
Staff recommends approval of the requested rezoning based on the findings herein.
PL ANNIN,G COMMISSION AC �1bN - jtequtred YES,,10`;
fXMx ❑ .D._ emed❑ AppovFd
VV
Mts oon
,t* Second f ' ' t
, y,. Y:J.tt, �a S�� r ` l
Date rMarch24 2008 " 0 - in t r ; +; fix ; 3'
ti.( �
LI
3 ICV . 1' Y r,� .16 t J. x Ad 4 1. ' • G
CITYtCOUNCIL 'ACfION M ' Required � r .YFS J k
nr, W G r r . d` i7' r -ra c. l m ,7 _,�.lC : tt+�r. s
� # s a 4 z l7 A roved �_ � Demed w .
�t �`' ,�," u•*r xr` .a I�p ;p X . m . .
Date Apnl 15' 2008 (1Nreaduin if recomm46
ended) > `
ii c
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 property is designated as Residential Neighborhood Area in City Plan 2025
Future Land Use Plan. The proposed RSF-8 zoning is consistent with the City's
land use planning objectives, principles and policies to encourage compatible
and livable neighborhoods indicated by the Residential Neighborhood Area
designation, providing compatible housing options within a traditional
neighborhood development.
The surrounding land to the north of the subject property has developed as
medium to high density single-family residential use. Staff finds that the
location of this property, adjacent to Rupple Road, south of Persimmon Street
(Collector Street) and surrounded by the RSF-4 zoning district to the north and
east, is an appropriate location for the proposed RSF-8 zoning.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Future development with the proposed zoning is justified in order to provide for
a variety of lot sizes and variation in development pattern consistent with City
land use objectives and policies.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
K1Reports11008WC Report 106-March 141R7N 08-1937 (Mountain Ranch M).doc
Finding: The proposed -zoning will generate additional traffic on the surrounding street
system over the existing RSF4 zoning. This rezoning could yield additional
single family lots, subject to preliminary plat approval. Street improvements
will be reviewed as part of the Mountain Ranch III preliminary plat to account
for these additional vehicle trips.
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 the potential for a higher population
density in the area. However, this increase in single-family residences is
consistent with land use, zoning, and development patterns in the immediate
vicinity. Staff rinds that the proposed zoning would not create undesirable
impacts to public services, or a density that is incompatible with the
surrounding area, based on a review of infrastructure, existing land uses, and
the development potential of the property.
Increased load on public services was taken into consideration and
recommendations from Engineering, Fire, and Police Departments are included
in this report. Significant adverse impacts to public services would not result
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;
Finding: It is feasible to develop the property under the RSF4 zoning classification.
However, this property is in an area that has the potential to support higher
residential densities and residential services. Staff finds that the proposal,
surrounded by the RSF-4 zoning district on two sides, is appropriate at this
location, as it will utilize the existing infrastructure and result in a single-family
neighborhood with a variety of housing choices.
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: Not applicable. Staff recommends in favor of the requested zoning.
K:IReporn12008NC Repora10h-March 241R7.N 08-2937 (Mounlorn Ranch 111).doc
FAYETTEVILLE UNIFIED
DEVELOPMENT CODE
161.09 District RSF-8, Residential Single -
Family —S S Units Pcr Acre
} (A) Purpose. The RSF-8 Residential District is
designed to bring historic platted development into
conformity and to allow for the development of
new single family residential areas with similar lot
size, density, and land use as the historical
neighborhoods in the downtown area.
(13) Uses.
(1) Permitted uses.
Unit 1
City-wide
uses by right
Unit 8
Single-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 9
Two-family dwellings
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
By Right
Conditional Use
Single-family dwelling
units per acre
8 or less
-
Two-family dwelling units
--
per acre
8
(D) Bulk and area regulations.
(I) Lot width minimum.
Single-family
50 ft.
Two-family
50 ft.
Townhouse, no more than two
attached
25 ft.
(2) Lot area minimum.
Single-family
5,000 sq.
ft.
Two-family
5,000 sq.
ft.
(3) . Land area per dwelling unit-
Single-family5,000
sq. ft.
Two-family
5,000 sq. ft.
Townhouse, no more than two
attached
2,500 sq. ft.
(E) Setback requirements.
Front
Side
Rear
15 ft.
5ft.
5ft
(F) Height regulations.
Ii Building height maximum I 45 ft.
(G) Building area. The area occupied by all
buildings shall not exceed 50% of the total lot
area, except when a detached garage exists or is
proposed; then the area occupied by all buildings
shall not exceed 60% of the total lot area.
(Ord. 4783,10-18-05)
K:IReports t20081PC Reports06-March241R7.N 08-2937 (Mountain Ranch /11).doc
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.
(13) 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-Familydwellings
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
Two-family
dwellings
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. It.
6,000 sq. ff.
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. -
8 ft.
20f1,
HOD Front
HOD Side
HOD Rear
15 ft.
5 ft.
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, 4-18-06)
K:IReporisl2008V'C Reports 106 -March 241R2N 08-2937 (Mountain Ranch III).doc
ENGINEERING DIVISION COMMENTS
RZN 08-2937: (MOUNTAIN RANCH III, 478): Submitted by JORGENSEN &
ASSOCIATES for property located at THE W. PORTION OF MOUNTAIN RANCH PHASE
III, S. OF PHASE I. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and
contains approximately 26.87 acres. The request is to rezone the subject property to RSF-8,
Residential Single Family, 8 units per acre. Planner: Dara Sanders
Public water is located along the property. There is a 8" water main stubbed out to this property
from Phase One of Mountain Ranch along Rupple and Powderhom Drive. Water will need to be
extended throughout the property at the time of development to meet the domestic and fire
protection demands.
Sanitary sewer is available to the site. There is an 8" sewer main stubbed out to this property
from Mountain Ranch Phase I along Powderhom Drive. Improvements to the sewer system may
be required dependent upon the demand placed by the development. The capacity of the existing
main may need to be studied at the time of development
The site has access to Rupple Road and Powderhom Drive. Powderhom is currently an
improved two lane paved city street that was installed with Phase I of Mountain Ranch. Rupple
Road is constructed to the north property line of this development. In this -area, Rupple is a 4
lane boulevard. Street improvements will be evaluated with the proposed development.
Standard improvements and requirements for drainage will be required for the:development:
This property is affected by the 100 -year floodplain.
Date 3/18/08
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
This document is in response to the request for a determination of whether the proposed
RZN 08-2937: (Mountain Ranch III, 478): Submitted by Jorgensen & Associates for
property located at the W. portion of Mountain Ranch Phase III, S. of Phase I would
substantially alter the population density and thereby undesirably increase the load on
public services and create an appreciable increase in traffic danger and congestion. The
property contains approximately 26.87 acres.
It is the opinion of the Fayetteville Police Department that this RZN will not substantially
alter the population density, and will not create an appreciable or undesirable increase in
the load on police services. This RZN will not create an appreciable increase in traffic
danger and congestion. If the density of the other sections in this area is increased, we
could see calls and traffic congestion start to increase.
Sincerely,
Captain William Brown
Fayetteville Police Department
Fayetteville Fire
Department
MEM
To: Dara Sanders, Andrew Garner, Jeremy Pate, and Jesse Fulcher
Thru: Chief Tony Johnson
Assistant Chief Bud Thompson
From: Captain Dale Riggins
Date: March 14, 2008
Re: March 5, 2008 Zoning Review
RZN 08-2937 (Mountain Ranch III): Submitted by Jorgensen and Associates for property
located at the W Portion of Mountain Ranch Phase III, S of Phase I. The property is zoned RSF-
4, Single Family — 4 Units/acre and contains approximately 26.87 acres. The request is to rezone
the subject property to RSF-8, Residential Single Family, 8 units per acre.
This property will be covered by Engine 7 located at 835 Rupple Road.
It is 0.4 miles from the station with an anticipated response time of 2 minutes.
The Fire Department anticipates that there will be 37 (24EMS-13 Fire/other) calls for service, per
year, once this development is completed and maximum build out has occurred.
The Fayetteville Fire Department does not feel this development will affect our calls for service or
our response times
Dale Riggins, Captain,
Fayetteville Fire Department
JORGENSEN & ASSOCIATES
CIVIL ENGINEERS • SURVEYORS
124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX (479) 582-4807
DAVID L. JORGENSEN, P.E., P.L.S.
2/7/08
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Attn: Jeremy Pate
Re: Rezoning of a portion of Mountain Ranch
Dear Jeremy;
Attached herewith please find the'application for a rezoning of a portion of Mountain
Ranch. The property to be rezoned consists of 26.87 acres located generally south of
Mountain Ranch Phase 1. I have included the legal description along with a sketch that
shows generally what out plan is.
The existing zone is RSF-4 and we wish to rezone to RSF-8. The reason for this request
is as follows:
1) To allow for smaller lots. Some of our lots will be 50' wide.
2) To allow for a smaller front setback of 15' instead of 25'.
3) To allow for a smaller side setback of 5' instead of 8'.
4) To allow for a variety of lot sizes in this project.
In addition, we feel that this RSF-8 request will not be detrimental to the surrounding
property and will actually fit with the neighborhood to the north. This property will be
served by the new Owl Creek school, the new fire station at Rupple Road and the Girls
and Boys Club location ''A mile to the north.
Water and sewer service are available in Mountain Ranch Phase 1.
Please call concerning any questions you may have.
Thank you.
Sincerely;
David L. Jorge
• STRUCTURAL DESIGN • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING
RZN 08-2937
MOUNTAIN RANCH III
Close Up View
", �' A�J/ �Ti�� T Jam_ w virw a-, ynuCI'3 iir bg L TO. M F LTfr !
♦� RItL) ^ Pm -' ' f Li raj�� � +r� [ {+\Tr. v`f y`�{�; RPm.�+.k,T r tiwY�.' � n ��r }'�/ V
r rr ry :Alr jr� i fYR+ ivv+������yyy��.',,, 1 j E -(n .iC�'•� Ljr1�J �y$J, �'� �r
PY+j�jyC' 4, � �-1 W'�'rf. Y<(f.✓ JrP• t �+ r�IIJy? alj i9 kRi'aP�h�e`� }Y f
® ipv 1 JO Y�_ 1n •{�.ylY „'Fi -fi
-a ! A v 1.% a' (i 3!
' \f
x 1 ! rY °
.yJ i•
w ^ . v Ym rf 4 .
� � Ys?49 v^ r: ✓� iP/ rs r P >IY Yn �•
[
y lY.j�,i �,y<,, Kk h. :'i� i}��7j"i"i '� K �k"<z •`y� u[,1 x 1^' 4" "
1 v311(�SEvn
F
J w Lq r`Y � v aEy r �' �•�K'i<VU! � Jy. "� n .r 2. � � a.F.4`'',^n 'kn ` ��: ° •' •
3Y R$Fj fr' RSFif{$.y� a
'k rr`�°^ 4 i C.�n� F a rM�wy a'f �tl�'✓r n .Y �
1 Y f i I{i R �i y
•'n°Y �� ' '� ��fv^ of �+ 'Y v G ¶::L'
SI
rl P" w : }�' Lt b a) �'Y � d TiY er?+ wytPv q$F h ♦ ♦♦
,0L(' };'�, Gj J ]�' rp7f v"°✓ y 'Y�..4 T b y x tiT<+
• v'.Sn�N'v }�+. Yv 111 Yw _".1, rvix` ♦ n(tl -{� }�}�1. i 'F3.S+i M1[ S
"_.' 1%a' '� � Y,%f \a. i(i
b�lr .Ai'iN1+� iR{r�n $+, ;F]+.' �IY.fi' . > v M v A�4 IlR4 / vrE } . Y S `v i'= +i ♦P"'LF -
.. u;Y, j ", Y �[ L4• ty `+};�YrK [�i}flY A
'.SI y Zv rt! "rr +t�V- e7Y/b .+it a(rrY` y •'r r�'ii + i .`!W �$FrvayL k %vTVT-1FL i 1 ♦ .: ^R$Fd l,J rat ''JP '� e. YT x
��. G'SH �4>!'v"'f. fi f"y��' ` h��rK� va .�'-`, y !n .� " ' °4'6 'C♦♦ Ax^v'a qo/ .n /[ -J s Y.{a"i5
1v' f �lA ^lil1; \Ai^?%f � Y <L • / �[ 1 ] :' F jy. �h rj �iN.y�'�iF<[S r ��L• � �� nY +J i�.a
Si �'L� [A v ° :2 4 ^yR'i �i1• _ r x r �� a:k� '� eY s. -r i� '�f, .' i : --c Tf
y Yr.� v � y u,
PO f RYXu : v� ¢+:1 f1i1 r+
� ' j• Y x +F� 11vir. R4f �' Y �' i e J "♦✓ {rA {f i 4 x :19 J. ui' js. j
I . 'J,.} h 't- s.
{�% ���'Y. tlL l H'�` ,� ♦ail viF r y v S < it ti e ^ N 7•+r � R ayr y� 14
m l ) a` , r • V 3r et, Nr
ri WAS3Nil r'G, rrvY Y*1 'rfL 'EY�T vk K^ \ ."J Y:. <t ^ [frwA 9�Y vA II .J r� r ]ry
!ti } . r- v. F � 4 rl C vXJ l ,�{yJJ a :.♦ � e T' ,, _ ,{
G.V .. -
SUBJECT PROPERTY '^ `
r
.'P i • r� f
♦ • t i
♦ _ .® om.
� Q
tee. -1R ��.yy
- ♦ $MORE TRL -
vj +� O x Qf .5 aT,r. I
r • o rA • JCL
a K rp 1 N I
'�6 r���z'rrt a�0' t+�
Overview
o::
o=:
0 7550 300 450 600
® Feet
I
RZN08-2937 MOUNTAIN RANCH III I
Future Land Use
T �1
RPID
L a .
RSF-4
S
7
Overview
,
� { s _
i
It¢
i nip
uitr
x J
fl
a
4. Jy
II
:rfc
RSFJ
a'- t'
PSF�
G3
+' aFm♦ bi. i
.RSFJ
RSF4 RSFJ
RSFJ
-
RSF-
���..
1 F` ji
q �
r
.. Mi RSFJ �uyfi
x q1F 8 - ik ssi. ? Sr
�. ✓-< < as 1 }
jj•. l4 E:, f? ♦'N k� � �i�LL��mV'i. .r �v5 �A! ♦ r�J. ��'-�v �.Y.Trt
RI
SUBJECT PROPERTY "rye
- y Rak va .♦�
� 4
' r v �r r
O
KV y ♦7AiL �'� !.
} Q 6' LL aia� Y ., Ifi$f'V±
c} xz �^1e
'.i3.. fr�'fa' r J �.
----'
_ F iby xR.
'... SM0RE TRL � v ' '%. t � `� } s ...
}
flam' .'» ..
[ 3 a
rx;}T y n'yyyx of.yy �pM aKF^Sa�yS �'r �i,`�
♦ i.r y. WA kyk it nab ii= -• xi x a �y4
LJ# SSE..!{W
z aM V^1 . ... �' :fl �. �:: ♦'�''S'".Y .. k't,. rvaX:ra
0 7950 300 450 600
® Feet
(5..08 Clarice Pearman - Ords. 5133, 5134, 5138 & 5143 - Page 1
Clarice Pearman
Pate, Jeremy
5.9.08 5:35 PM
Ords. 5133, 5134, 5138 & 5143
5133 RZN 08-2937 Mountain Ranch.pdf; 5134 C-PZD 08-2894 Park Centre.pdf; 51
38 VAC 08-2951 Shoppes.pdf; 5143 ADM 08-2938 Pratt Place Inn Appeal.pdf
CC: Audit; GIS
Jeremy:
Attached is a copy of the above ordinance passed by City Council, May 6, 2008.
else needed for these items. Have a good day.
Thanks.
Clarice
NORTHWEST ARKANSAS EDITION
Benton County Daily Record
P.O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, 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: City of
Fayetteville —Ordinance 5133
May 14, 2008
Publication Charge : $105.50
Subscribed and sworn to before me
This /5 day of 7V , 2008.
Notary Public C._ Q_
My Commission Expires: S- -02 o
Do not pay from Affidavit, an invoice will be sent
RECEIVED
w. V4'III
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
4ANCE NO. 5133
REZONING THAT PROPERTY
!ONING PETITION RZN 08-2937.
TELY 26.9 ACRES, LOCATED
FAIN RANCH PHASE I AND PER.
EAST OF THE FUTURE EXTEN-
ROAD, FROM RSF4. RESIDEN-
LY, 4 UNITS PER ACRE TO RSF-
SINGLEFAMILY. 8 UNITS PER
BE IT ORDAINED BY
ARKANSAS:
e'ttville.
ARKANSAS I
I
Section 1: That the zone classification of the following described property is hereby changed as fob
:
From RSF4, Residential SingleFamiy, 4 units per acre to RSF-8, Residential Single -Family, 8 units
per acre. as shown an 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.
OVED: ATTEST: i .•.
By:
GOODY, Mayor SONDRA SMITH, City C4rk/Deasurer
I.
8 A Is a map and may be viewed in the office of the City CledQTreasurer during normal busl-
hours.
J •-
LEGAL DESCRIPTION: (RSF4 TO RSF-8)
PART OF THE SE1/4 OF THE NE1/4 OF SECTION 13, T16N, R31 W IN WASHINGTON COUNTY,
ARKANSAS AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF SAID
SE1/4, NE114 THENCE N02°20'35 -E 1318.83 FEET. THENCE 587°112WE 825.16 FEET. THENCE
502°2035W 160.97 FEET, THENCE ALONG A CURVE TO THE RIGHT 157.08 FEET, SAID CURVE
HAVING A RADIUS OF 150.00 FEET AND A CHORD BEARING OF 532°2035W 150,00 FEET,
THENCE 562°2035W 82.78 FEET, THENCE S2703925"E 22.93 FEET, THENCE ALONG A CURVE
TO THE LEFT 157.08 FEET, SAID CURVE HAVING A RADIUS OF 150.00 FEET AND A CHORD
BEARING OF 557'3925E 150.00 FEET, THENCE S87639.25E 8307 FEET, THENCE S02020.35 -W
161.95 FEET, THENCE ALONG A CURVE TO THE RIGHT 79.51 FEET, SAID CURVE HAVING A
RADIUS OF 250.00 FEET AND A CHORD BEARING OF 511°2716W 79.18 FEET. THENCE
520°33'SB"W 20.95 FEET. THENCE ALONG A CURVE TO THE RIGHT 42.26 FEET,'SAID CURVE
HAVING A RADIUS OF 200.00 FEET AND A CHORD BEARING OF $63°22'52"E 42.18 FEET,
THENCE 557°1941"E 108.76 FEET. THENCE ALONG A CURVE TO THE LEFT 154.13 FEET. SAID
CURVE HAVING A RADIUS OF 500.00 FEET AND A CHORD BEARING OF $66°0932'E 153.52
FEET. THENCE S15°0036"W 170.42 FEET, THENCE ALONG A CURVE TO THE RIGHT 337.43 FEET.
SAID CURVE HAVING A RADIUS OF 250.00 FEET AND A CHORD BEARING OF S53.4036W
312.39 FEET. THENCE N87°3925'N 346.76 FEET. THENCE S02°2035 W 138.36 FEET. THENCE
N87°1740"W 530.91 FEET TO THE P.O.B.: CONTAINING 26.87 ACRES MORE OR LESS.
RECEIVED
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE