HomeMy WebLinkAbout2005-06-13 - Agendas - Final'Faye.ieybe
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
Monday, June 13, 2005, 5:30 p.m.
Room 219, City Administration Building
The following items will be considered:
Approval of Minutes from the May 23, 2005 meetings.
Old Business:
1. ANX 05-1495: (BENTON DEVELOPMENT LLC, 206): Submitted by 112 ENGINEERING, INC.
for property located at SW CORNER WEIR AND SALEM RD. The property is in the Planning Area and
contains approximately 10.47 acres. The request is to annex the subject property into the City of
Fayetteville.
Property Owner: JACK & JOAN HAYNES Planner: SUZANNE MORGAN
2. RZN 05-1502: (BENTON DEVELOPMENT LLC, 206): Submitted by 112 ENGINEERING, INC.
for property located at SW CORNER WIER AND SALEM RD. The property is zoned R -A,
RESIDENTIAL AGRICULTURAL, and contains approximately 10.47 acres. The request is to rezone the
subject property to RSF-4, Residential Single-family 4 units per acre.
Property Owner: JACK & JOAN HAYNES Planner: SUZANNE MORGAN
3. RZN 05-1449: (PAYNE, 755): Submitted by RODNEY R. & NANCY K. PAYNE for property
located at 1200 W BAILEY DRIVE. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and
contains approximately 3.86 acres. The request is to rezone the subject property to RSF-4, Residential
Single Family, 4 units per acre. Planner: JEREMY PATE
New Business:
4. ADM 05-1568: Administrative Item (BOTANICAL GARDEN OF THE OZARKS LSD, 99):
Submitted by Scott Stan for property located at HIGHWAY 265, WEST OF THE HEARTHSTONE
DRIVE INTERSECTION AND NORTH OF ZION ROAD. The property is zoned R -A, RESIDENTIAL -
AGRICULTURAL and contains 6.44 acres. The request is to extend the approval of the Large Scale
Development, LSD 04-1078 (Botanical Gardens of the Ozarks).
Property Owner: CITY OF FAYETTEVILLE Planner: SUZANNE MORGAN
5. PPL 05-1509: Preliminary Plat (MOUNTAIN RANCH, 478): Submitted by CRAFTON TULL &
ASSOCIATES INC. - ROGERS for property located at SE OF PERSIMMON ST. AND RUPPLE RD.
The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains
approximately 59.88 acres. The request is to approve the preliminaryplatfor a residential subdvision with
117 single family lots proposed. Property Owner: TOM TERMINELLA
Planner: JEREMY PATE
6. PPL 05-1510: Preliminary Plat (TWIN SPRINGS PHASE II, 357): Submitted by DON HILLIS for
property located at DOUBLE SPRINGS ROAD, N OF WEDINGTON. The property is in the Planning
Area and contains approximately 30.5 acres. The request is to approve Phase II of a residential subdivision
with 23 single family lots proposed.
Property Owner: GABBARD/HILLIS GABBY HILLS ENTERPRISES, LLC
Planner: ANDREW GARNER
7. PPL 05-1511: Preliminary Plat (LYNNWOOD ESTATES, 294): Submitted by H2 ENGINEERING,
INC. for property located at 2468 N CROSSOVER RD., NE OF TOWNSHIP ST. The property is zoned
RSF-2, RESIDENTIAL SINGLE FAMILY 2 UNTS PER ACRE and contains approximately 4.77 acres.
The request is to approve the preliminary plat of a residential subdivision with 6 single family lots
proposed.
Property Owner: JERRY & LYNN ROGERS JONES Planner: ANDREW GARNER
8. PPL 05-1432: Preliminary Plat (SASSAFRAS S/D, 221): Submitted by N. ARTHUR SCOTT for
property located at THE WEST SIDE OF SASSAFRAS HILL RD , N OF BEAU LANE. The property is
in the PLANNING AREA and contains approximately 9.25 acres. The request is to approve a residential
subdivision with 8 single family lots proposed.
Property Owner: GLENN SHORT Planner: SUZANNE MORGAN
9. PPL 05-1399: Preliminary Plat (DEVONSHIRE GLYN, 475): Submitted by N. ARTHUR SCOTT
for property located SOUTH & WEST OF THE 54T11 AND PERSIMMON ST. INTERSECTION. The
property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 46.71 acres.
The request is to approve a preliminary plat for a residential subdivision with 127 single family lots
proposed.
Property Owner: J.B. HAYS Planner: SUZANNE MORGAN
10. PPL 05-1528: Preliminary Plat (LAUREATE FIELDS, 246): Submitted by MEL MILHOLLAND
for property located at SW CORNER DEAN SOLOMON AND SALEM RD. The property is zoned RSF-
4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 73.39 acres. The request is to approve
a Preliminary Plat for a residential subdivision with 211 single family lots proposed.
Property Owner: TRACY HOSKINS Planner: JEREMY PATE
11. CUP 05-1526: (CLINTON HOUSE, 483): Submitted by MARILYN HEFNER FAYETTEVILLE A
& P COMMISSION for property located at 930 CALIFORNIA DRIVE. The property is zoned RMF -24,
MULTI FAMILY - 24 UNITS/ACRE. The request is to allow a museum and associated office space to be
operated on the subject property.
Property Owner: U of A BOARD OF TRUSTEES Planner: ANDREW GARNER
12. CUP 05-1527: (ANDERSON, 362): Submitted by LYNNE ANDERSON for property located at NW
CORNER OF SALEM RD AND FAIRFAX. The property is zoned RSF-4, SINGLE FAMILY - 4
UNITS/ACRE and contains approximately 0.00 acres. The request is to allow a detached accessory
building to be constructed on the subject property before primary structure.
Property Owner: LOTTIE & JEFF PAVLIK
Submitted on behalf of: JAMES & SYLVIA CRAVEN Planner: SUZANNE MORGAN
13. VAC 05-1521: (RALSTON, 256 ): Submitted by MICHAEL RALSTON for property located at 3450
NATCHEZ TRACE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE. The request is
to vacate a portion of a utility easement on the subject property. Planner: SUZANNE MORGAN
14. RZN 05-1523: (HARTLERODE, 678): Submitted by CHRIS & BETTY HARTLERODE for
property located at 2826 S SCHOOL AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4
UNITS/ACRE and contains approximately 0,25 acres. The request is to rezone the subject property to C-2,
Thoroughfare Commercial. Planner: JESSE FULCHER
15. RZN 05-1524: (HONDA PRO, 367): Submitted by SETH MCCLELLAND for property located at
300, 306, 310 W POPLAR ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY — 4
UNITS PER ACRE and R -O, RESIDENTIAL OFFICE. The request is to rezone the subject property to C-
2, Thoroughfare Commercial.
Property Owner: PAT TOBIN Planner: SUZANNE MORGAN
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other penmen data are open and available for inspection in the
office of City Planning (575-8267). 125 West Mountain Street Fayetteville, Arkansas.All interested parties arc invited to review the petitions. Interpreters or TDD for hearing
impaired are available for all public hearings; 72 hour notice is required_ For further information or to request an interpreter, please call 575-8330.
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item — Chairman
B. Presentation of Staff Report
C. Presentation of request — Applicant
D. Public Comment
E. Response by Applicant/Questions & Answer with Commission
F. Action of Planning Commission (Discussion & Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Planning Commission on an agenda item raise your hand when
the Chairman asks for public comment. He will do this after he has given Planning
Commission members the opportunity to speak and before a final vote is taken. Public
comment will only be permitted during this part of the hearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give
your name and address. Address your comments to the Chairman, who is the presiding
officer. He will direct them to the appropriate appointed official, staff member or others
for response. Please keep your comments brief, to the point, and relevant to the agenda
item being considered so that everyone has a chance to speak.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions
of the Planning Commission.
2005 Planning Commissioners
Nancy Allen
Jill Anthes
Candy Clark
James Graves
Christine Myres
Alan Ostner
Audy Lack
Sean Trumbo
Christian Vaught
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: June 8, 2005
PC Meeting of June 13, 2005
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
ANX 05-1495: (BENTON DEVELOPMENT LLC, 206): Submitted by H2 ENGINEERING,
INC. for property located at SW CORNER WEIR AND SALEM RD. The property is in the
Planning Area and contains approximately 10.47 acres. The request is to annex the subject
property into the City of Fayetteville.
Property Owner: JACK & JOAN HAYNES Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends approval of the requested annexation based on the findings included as
part of this report with the following condition(s):
PLANNING COMMISSION ACTION: Required YES
0 Approved 0 Denied
Date: June ;13, 2005;
CITY COUNCIL ACTION: Required YES
0 Approved
Date: July 05, 2005 (1st reading if recommended)i
0 Denied'
BACKGROUND:
Property description: The subject property contains approximately 10.47 acres owned by the
Haynes. It is located north of Salem Meadows Subdivision and west of Crystal Springs
Subdivision Phase I. At this time, the property is currently vacant and located within the
Planning Area.
Proposal: The applicant proposes annexation of 10.47 acres into the City of Fayetteville.
Recommendation: Staff recommends approval of the proposed annexation. The subject property
is adjacent to the City limits, and future development of the area may be consistent and
compatible to surrounding subdivisions should the property be annexed into the City of
Fayetteville.
K: I Repork120051 PC Reports 106-13-0519NX 05-1495 (Benton Development LLC). doc
June 13, 2005
Planning Commission
ANX 05-1495 (Benton Development)
Page 1.1
SURROUNDING LAND USE AND ZONING
Direction
Land Use
Zoning
North
Single family homes on large lots
Planning Area
South
Single family residential (Salem Meadows
SD)
RSF-4, Res. Single -Family — 4
units/acre
East
Single Family residential (Crystal Springs
Ph. I SD)
RSF-4, Res. Single -Family — 4
units/acre
West
Single family homes on large lots
Planning Area
INFRASTRUCTURE:
Streets: Currently the site has access to Salem Road along the east side and Weir Road on
the north side. Both streets are collectors. Gypsum Drive to the east is planned as
a collector to connect to Weir Road on the north part of the property. Any change
in the Master Street Plan shall be approved by the Fayetteville City Council.
Road improvements required for Salem Road and Weir Road along the property
are to include: right-of-way dedication, pavement 14' from centerline, curb and
gutter, storm drainage, and sidewalks.
Surrounding Master Street Plan Streets:
North: Weir Rd. (Local)
Gypsum Dr. (Collector - Unconstructed)
East: W. Salem Rd. (Collector)
West: Salem Rd. (Collector)
Water: Public water is adjacent to the site. There are existing water stub -outs from
development on the south and the east sides of the development. There is an 8"
main along Salem Road to the south of the property, and a 2" main along the north
side of the property. There may be additional assessments for the water system
improvements along Salem Road. Water service would need to be extended
within the property at the time of development. Minimum size of new water
mains is 8". Additional connections shall be required to complete a looped
system. No long range improvements to the water system are planned at this time
for this area. A study of the water supply shall be conducted at the cost of the
developer prior to development.
Sewer: The site does have access sanitary sewer through development to the south.
Minimum size of new sewer mains is 8". Sewer would need to be extended
within the property. A capacity analysis of the downstream sewer lines shall be
conducted and a capacity analysis of the lift stations downstream of the site shall
be conducted prior to development at the cost of the developer.
Fire: The subject property is located approximately 2.6 miles from the Fire Station #7.
Response time to the property is approximately 6 minutes.
K: IReporu120051PC Reports106-13-054INX 05-1495 (Benton Development LLC).doc
June 13, 2005
Planning Commission
ANX 05-1495 (Benton Development)
Page 1.2
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 identifies the portion of this property within the
Planning Area as Residential.
FINDINGS:
11.6 ANNEXATION GUIDING POLICIES
BOUNDARIES
11.6.a Annex existing islands and peninsulas and do not annex areas that would create an
island or peninsula.
Finding: Annexation of the property will not create an island of unincorporated property
or a peninsula.
11.6.b Proposed annexation area must be adjacent, or contiguous, to city limits.
Finding: The proposed annexation area is adjacent to the City Limits to the south and
east.
11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not
divide.
Finding: This area is currently vacant at this time and located east of Crystal Springs
Phase I and north of Salem Meadows Subdivision. The property does not
consist of defined subdivisions or neighborhoods; however, future development
plans include residential development of the property. Annexation of the
property to allow for Planning Commission review of development in
accordance with City standards is recommended.
11.6.d Boundaries for annexed areas should follow natural corridors.
Finding: The proposed city boundary, should the subject property be annexed, does not
follow natural corridors. It encompasses one parcel of property and a portion
of another.
11.6.e Timing of services within annexation areas should be considered.
Finding: Current conditions result in a response time of 6 minutes for fire protection
from Fire Station #7. Extension of water and sewer lines shall occur at the
time of development.
K: Vleports120051PC Reports106-13-0519NX 05-1495 (Benton Development LLC).doc
June 13, 2005
Planning Commission
ANX 05-1495 (Benton Development)
Page 1.3
ENVIRONMENTALLY SENSITIVE AREAS
11.6. f Annex environmentally sensitive areas that could be impacted by development and
utilize appropriate development regulations to protect those areas.
Finding: The property is mainly cleared pasture land with few trees, mostly surrounding
an existing pond on the property. Development regulations within the City will
ensure appropriate development and preservation of the existing natural
features on the property.
EMERGENCY AND PUBLIC SERVICES
11.6.g Public services must be able to be provided efficiently in newly annexed areas.
Finding: The police department reports 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.
11.6.h Annexed areas should receive the same level of service of areas already in the city
limits.
Finding: Fire and police service shall be provided to this area with the same level of
response and service as other developments in this area.
11.6.i The ability to provide public services should be evaluated in terms of equipment,
training of personnel, number of units and response time.
Finding: These factors were taken into consideration in the responses and
recommendations included in this report.
INFRASTRUCTURE AND UTILITIES
11.6.j Areas currently served by utilities and other public services should be annexed.
Finding: Water, fire and police protection are currently provided in the surrounding
areas.
11.6.k Proposed annexation areas should not require the upgrading of utilities to meet the
demands of development unless there is a threat to public safety.
Finding: Improvements to the surrounding street systems and installation of fire
hydrants would be made necessary by the annexation should additional
development occur on the subject property. Water is located adjacent to the
June 13, 2005
Planning Commission
ANX 05-1495 (Benton Development)
Page 1.4
K: IReports120051PC Reportsl06-13-05 L4NX05-1495 (Benton Development LLC).doc
site; however, additional connections shall be required to complete a looped
system. A study of the water supply shall be conducted at the cost of the
developer prior to development as there are no long range improvements to the
water system are planned at this time for this area. Sewer is also located
adjacent to the site, and a capacity analysis of the downstream sewer lines and a
capacity analysis of the lift stations downstream of the site shall be required to
be conducted prior to development and at the cost of the developer.
11.6.1 Phased annexation should be initiated by the City within active annexation areas
based on planned service extensions or availability of services.
Finding: The proposed annexation is not part of a phased annexation initiated by the
City.
INTERGOVERNMENTAL RELATIONS
11.6.m Promote long-range planning with adjacent jurisdictions.
Finding: N/A
11.6.n Establish agreements to address regional concerns, such as water, stormwater and
sewer.
Finding: N/A
ADMINISTRATION OF ANNEXATIONS
11.6.o Designate zoning districts for the property during the annexation process.
Finding: Annexations are automatically zoned R -A, Residential Agricultural. The
property owners request for annexation and request to rezone this property
RSF-4, Residential single family - 4 units/acre. This zoning designation is
compatible with the Residential classification of the adjacent area on the City's
adopted Future Land Use Plan. Staff finds that this zoning designation is
compatible with that of the property being developed to the south.
11.6.p An annexation study should be completed on all annexation proposals.
Finding: Planning staff has asked the Engineering Division, Fire Department and Police
Department to study this annexation request to determine if facilities and
services are available to serve this property.
11.6.q Development proposals require a separate review from the annexation proposals.
Finding: Development of this property has not been proposed. At the time the applicant
desires to develop the property, the applicant will be required to submit project
K\Reportst2005PC Reports106-13-0514NX 05-1495 (Renton Development LLC).doc
June 13, 2005
Planning Commission
ANX 05-1495 (Benton Development)
Page 1.5
plans for review and approval by the Planning Commission.
11.6.r Residents should be fully informed of annexation activities.
Finding: Adjoining neighbors have been notified of the annexation request. A legal ad
and display have both been submitted with a local newspaper prior to the
Planning Commission meeting for which this item is scheduled.
11.6.w Encourage larger annexations to create acceptable boundaries.
Finding: This annexation consists of 10.47 acres owned by the Haynes, with the applicant
of this annexation request being Benton Development. At the time the original
application for annexation was submitted to the Planning Division, the applicant
requested annexation of two parcels of property, one of which had an irregular
configuration that included a 20 -foot wide strip that extended from Weir Road
south to the northwest corner of the subject property. This configuration would
have created an unacceptable city boundary by enclosing a parcel of property
within the Planning Area on the east, west, and south (see attached map). The
applicant requested that this item be tabled at the May 23, 2005 Planning
Commission to resolve this issue. The applicant has subsequently received an
Amended Order of Annexation to exclude a portion of the property and result
in a more desirable city boundary. The owner may apply for annexation of this
20 -foot strip of property in the near future, as the owner of the adjacent
property which would have been enclosed on three sides by City property has
expressed a desire to annex into the City.
11.6.t Conduct a fiscal impact assessments on large annexations.
Finding: No fiscal impact assessment was conducted for this annexation of 10.47 acres.
K. IReports120051PC Reportsl06-13-O.5WNX 05-1495 (Fenton Development LLC).doc
June 13, 2005
Planning Commission
ANX 05-1495 (Benton Development)
Page 1.6
From Fayetteville General Plan 2020 — 2002 Revision
11.6 Annexation Guiding Policies
Boundaries
11.6.a Annex existing islands and peninsulas and do not annex areas that would create an island
or peninsula.
11.6.6 Proposed annexation area must be adjacent, or contiguous, to city limits.
11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide.
11.6.d Boundaries for annexed areas should follow natural corridors.
11.6.e Timing of services within annexation areas should be considered.
Environmentally Sensitive Areas
11.6. f Annex environmentally sensitive areas that could be impacted by development and utilize
appropriate development regulations to protect those areas.
Emergency and Public Services
11.6.g Public services must be able to be provided efficiently in newly annexed areas.
11.6.h Annexed areas should receive the same level of service of areas already in the city limits.
11.6.i The ability to provide public services should be evaluated in terms of equipment, training
of personnel, number of units and response time.
Infrastructure and Utilities
11.6.j Areas currently served by utilities and other public services should be annexed.
11.6.k Proposed annexation areas should not require the upgrading of utilities to meet the
demands of development unless there is a threat to public safety.
11.6.1 Phased annexation should be initiated by the City within active annexation areas based on
planned service extensions or availability of services.
Intergovernmental Relations
11.6.m Promote long-range planning with adjacent jurisdictions.
11.6.n Establish agreements to address regional concerns, such as water, stormwater and sewer.
Administration of Annexations
11.6.o Designate zoning districts for the property during the annexation process.
11.6.p An annexation study should be completed on all annexation proposals.
11.6.q Development proposals require a separate review from the annexation proposals.
11.6.r Residents should be fully informed of annexation activities.
11.6.w Encourage larger annexations to create acceptable boundaries.
11.6.1 Conduct a fiscal impact assessments on large annexations.
KtReports120051PC Reports106-13-05WNX 05-/495 (Benton Development LLC).doc
June 13, 2005
Planning Commission
ANX 05-1495 (Benton Development)
Page 1.7
May 16, 2005
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
In reference to ANX05-1495: (BENTON DEVELOPMENT LLC, 206): Submitted by
H2 ENGINEERING INC, for property located at SW CORNER OF WEIR AND SALEM
ROAD. The property is in the Planning Area and contains approximately 10.66 acres. The
request is to annex the subject property into the City of Fayetteville.
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.
Individually, each of these annexations and rezoning do not necessarily substantially alter
the population density, nor do they create and appreciable increase in traffic danger and
congestion. The sum total presented over the years, however, has had a substantial impact
on the demand for police services and has caused an appreciable increase in traffic
congestion.
Sincerely,
Captain William Brown
Fayetteville Police Department
June 13, 2005
Planning Commission
ANX 05-1495 (Benton Development)
Page 1.8
Delivery Impact: Zoning Review November 30,2004
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June 13, 2005
Planning Commission
ANX 05-1495 (Benton Development)
Page 1.9
BENTON DEVELOPMENT, LLC - SALEM ROAD
ANNEXATION & REZONING PROPERTY SUBMITTAL
PROPERTY DESCRIPTION:
That part of the Northwest Quarter of the Northwest Quarter of
Section 32, Township 17 North, Range 30 West, more fully described
as follows: Beginning at the southeast comer of said NW 1/4 NW 1/4
and run thence North 87°36'20" West along the south line of said NW
1/4 NW 1/4 for 662.41 feet; thence North 3°10'04" East for 422.59
feet; thence North 90°00'00" East for 309.29 feet to a point that is
347.66 feet west of the east line of said NW 1/4 NW '''A, thence North
2°21'10" East for 453.65 feet to a point in the center of Washington
County Road No. 94; thence North 79°45'52" East along the
centerline of said Washington County Road No. 94 for 355.92 feet to
a point on the east line of said NW 1/4 NW 1/4 that is 353.33 feet
South 2°21'10" West from the Northeast corner of said NW 1/4 NW
1/4; thence South 2°21'10" West along the east line of said NW 1/4
NW 1/4 for 966.95 feet to the point of beginning, containing 10.47
acres more or less.
EXHIBIT "A"
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_ Planning Commiss.
NX 05-1495 (Benton Develop nt)
P. •e 1.10
In re:
(FRI)FEB 25 2005 1,*" 9/ST. 14:57/No.6816796438 P 2
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
FILED
2005 FEB 29 PM 3 59
ANNEXATION OF PROPERTY CONT.IGUOF,(S,R N COMBS PRITCHARS
TO THE CITY OF FAYETTEVILLE, ARKANS,t4 & pR0Eciv LriRl;,005-
;pSI-IIi;STO;2 CO. r1Ri:_
PETITION FOR THE ANNEXATION OF PROPERTY
CONTIGUOUS TO THE CITY OF FAYETTEVILLE, ARKANSAS
Comes now the Petitioners, Jack Haynes and Joan Haynes, owner of certain real property
located in Washington County, Arkansas, and petitions the Court as follows:
1. That the Petitioners, Jack Haynes and Joan Haynes, are the sole owners of certain
real property located in Washington County, Arkansas, described as follows:
That part of the Northwest Quarter of' the Northwest Quarter of
Section 32, Township 17 North, Range 30 West, more fully
described as follows: Beginning at the southeast corner of said
NW 1/4 NW 1/4 and run thence North 87°36'20" West along the
south line of said NW 1/4 NW 1/4 for 662.41 feet; thence North
3°10;'04" East for 821.23 feet to a point in the center of
Washington County Road No. 94 (Weir Road); thence North
79°45'52" East along the centerline of said Washington County
Road No. 94 for 20.56 feet; thence South 3°10'04" West leaving
said centerline for 402.30 feet; thence North 90°00'00" East for
289.26 feet to a point that is 347.66 feet west of the east line of
said NW 1/4 NW 1/4 ; thence North 2°21'10" East for 453.65 feet
to a point in the center of said Washington County Road No. 94;
thence North 79°45'52" East along the centerline of said
Washington County Road No. 94 for 355.92 feet to a point on the
cast line of said NW 1/4 NW '/4 that is 353.33 feet South 2°21'10"
West from the Northeast corner of said NW 1/4 NW ''/4; thence
South 2°21'10" West along the east line of said NW 1/4 NW ' 4 for
966.95 feet to the point of beginning, containing 10.66 acres more
or less.
2. That all of said property is contiguous to and adjoins the City of Fayetteville,
Arkansas.
June 13, 2005
Planning Commission
ANX 05-1495 (Benton Development)
Page 1.11
(FRI)FEB 25-2005 .l 9/ST.14:57/No.6816196438 P 3
3, That Petitioners respectfully requestthat said property be annexed to, added to,
and included within the boundaries of the City of Fayetteville, Arkansas.
4. That Petitioners respectfully request that this Court set a date certain for a
hearing of the Petition.
WHEREFORE premises considered, the Petitioners pray that this Court set a date
certain for its hearing of this Petition; that the Court grant its Petition for Annexation to the City
of Fayetteville, Arkansas; and for all other reasonable and proper relief to which this Court
deems it entitled.
510780.1:222101:00150
Respectfully submitted,
Curtis E. Hogue
HALL, ESTILL, HARDWICK, GABLE,
GOLDEN & NELSON, P.C.
One East Center Street, Suite 315
Fayetteville, AR 72701-5388
Telephone (479) 973-5200
Facsimile (479) 973-0520
ATTORNEYS FOR PETITIONERS,
JACK HAYNES AND JOAN IIAYNES
2
June 13,2005
Planning Commission
ANX 05-1495 (Benton Development)
Page 1.12
IN THE COUNTY COURT 0:09W5 ASHIJUN 1 NGTON11 8 COUNTYr3, ARKANSAS
In re: FILED8'
ANNEXATION OF PROPERTY CONTIGUOUS
TO THE CITY OF FAYETTEVILLE,Kaidj§4 00 ORCase No. 2005-7
& PRO S PR /TS M(
ATE CLERK
SECOND AMENDED wORD IIg 'O}ll `RATION
31—
Now on this 'J day of May, 2005, comes on for hearing the request by Petitioners to
amend the previous Order of Annexation filed for record April 4, 2005, and the Court being well
and sufficiently advised in the premises, finds as follows:
1. That the previous Order of Annexation filed for record April 4, 2005 was, in all
respects, proper and did fully and completely annex the property described therein to the City of
Fayetteville, Washington County, Arkansas.
2. That the Amended Order of Annexation filed for record 5/a, (b 5 failed to
include the word "beginning" in the legal description, and therefore said Order should be further
amended.
3. That the City of Fayetteville has subsequently determined that a portion of the
property described in the previous Order of Annexation should be deleted so as to provide even
and uniform boundaries of the annexed property.
4 That the previous Order of this Court shall be and hereby is amended to provide
that the legal description of the land to be annexed is that property situated in Washington
County, Arkansas, to wit:
That part of the Northwest Quarter of the Northwest Quarter of
Section 32, Township 17 North, Range 30 West, more fully described
as follows: Beginning at the southeast corner of said NW 1/4 NW 1/4
and run thence North 87°36'20" West along the south line of said NW
1/4 NW 1/4 for 662.41 feet; thence North 3°10'04" East for 422.59
feet; thence North 90000'00" East for 309.29 feet to a point that is
347.66 feet west of the east line of said NW 1/4 NW %, thence North
June 13, 2005
Planning Commission
ANX 05-1495 (Benton Development)
Page 1.13
2°21'10" East for 453.65 feet to a point in the center of Washington
County Road No. 94; thence North 79°45'52" East along the
centerline of said Washington County Road No. 94 for 355.92 feet to
a point on the east line of said NW 1/4 NW 1/4 that is 353.33 feet
South 2°21'10" West from the Northeast comer of said NW 1/4 NW
1/4; thence South 2°21'10" West along the east line of said NW 1/4
NW 1/4 for 966.95 feet to the point of beginning, containing 10.47
acres more or less.
5. That the lands to be annexed have been accurately described and the prayer of the
Petitioner is right and proper.
IT IS THEREFORE CONSIDERED ORDERED, ADJUDGED AND DECREED by
this Court that the previous Order of Annexation filed for record April 4, 2005 shall be and
hereby is amended and modified in order that the above-described lands be and hereby are,
annexed to and hereby made a part of the City of Fayetteville, Washington County, Arkansas.
537363.1:222101:00150
Sea
0 ORA : E JERRY HUNTON, COUNTY JUDGE
June 13, 2005
Planning Commission
ANX 05-1495 (Benton Development)
Page 1.14
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BENTON DEVELOPMENT LLC
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>I Outside CityJune 13, 2005
Planning Commission
0 75 150 300 450 64NX 05-1495 (Benton Development)
Feet Page 1.15
ANX05-1495
Close Up View
BENTON DEVELOPMENT LLC
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ANX05-1495=oredayDistrictagIrgg PindpalArterial — FLOODWAY - ._ 500 YEAR
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Outside City
600 June 13, 2005
Feet Planning Commission
ANX 05-1495 : enton Develo 1 ment
ANX05-1495
One Mile View
BENTON DEVELOPMENT LLC
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ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: June 8, 2005
PC Meeting of June 13, 2005
125 W. Mountain St.
Fayetteville, Alt 72701
Telephone: (479) 575-8267
RZN 05-1502: (BENTON DEVELOPMENT LLC, 206): Submitted by H2 ENGINEERING,
INC. for property located at SW CORNER WIER AND SALEM RD. The property is zoned R-
A, RESIDENTIAL AGRICULTURAL, and contains approximately 10.47 acres. The request is
to rezone the subject property to RSF-4, Residential Single-family 4 units per acre.
Property Owner: JACK & JOAN HAYNES Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
PLANNING COMMISSION ACTION: I Required YES'
0 Approved
Date: June 13 2005
0 Denied
CITY COUNCIL ACTION: Required YES
0 Approved 0 Denied
Date: July 05, 2005 (1a° reading if recommended)
BACKGROUND:
Property description: The subject property contains approximately 10.47 acres owned by the
Haynes. It is located north of Salem Meadows Subdivision and west of Crystal Springs
Subdivision Phase I. At this time, the subject property is currently vacant and zoned R -A,
Residential Agricultural.
Proposal: The applicant intends to develop the property for residential use. Therefore, the applicant
is requesting the property be rezoned from R -A, Residential Agricultural, to RSF-4, Residential
Single -Family, 4 Units per Acre, should the preceding annexation request be approved (see attached
letter from the applicant's representative).
Related Issues: When property is annexed into the City, it is annexed as R -A Residential
Agricultural. If the annexation is recommended for approval to City Council, the applicant would
K:IReparts12005IPC Reports106-13-05 RZN 05-1502 (Benton Developmentt.doc
June 13, 2005
Planning Commission
RZN 05-1502 (Benton Development)
Page 2.1
like to rezone the 10.47 acres to RSF-4, Residential Single Family, 4 Units per Acre. The annexation
request, ANX 05-1495, is an accompanying item to this rezoning request.
Recommendation: Staff recommends approval of the rezoning request. Future changes or
additional development on this site will be regulated by the city allowing for a uniform and
consistent development pattern.
SURROUNDING LAND USE AND ZONING:
Direction
Land Use
Zoning
North
Single family homes on large lots
Planning Area
South
Single family residential (Salem
Meadows SD)
RSF-4, Res. Single -Family — 4
units/acre
East
Single Family residential (Crystal
Springs Ph. I SD)
RSF-4, Res. Single -Family — 4
units/acre
West
Single family homes on large lots
Planning Area
INFRASTRUCTURE:
Streets: Currently the site has access to Salem Road along the east side and Weir Road on
the north side. Both streets are collectors. Gypsum Drive to the east is planned as
a collector to connect to Weir Road on the north part of the property. Any change
in the Master Street Plan shall be approved by the Fayetteville City Council.
Road improvements required for Salem Road and Weir Road along the property
are to include: right-of-way dedication, pavement 14' from centerline, curb and
gutter, storm drainage, and sidewalks.
Surrounding Master Street Plan Streets:
North: Weir Rd. (Local)
Gypsum Dr. (Collector - Unconstructed)
East: W. Salem Rd. (Collector)
West: Salem Rd. (Collector)
Water: Public water is adjacent to the site. There are existing water stub -outs from
development on the south and the east sides of the development. There is an 8"
main along Salem Road to the south of the property, and a 2" main along the north
side of the property. There may be additional assessments for the water system
improvements along Salem Road. Water service would need to be extended
within the property at the time of development. Minimum size of new water
mains is 8". Additional connections shall be required to complete a looped
system. No long range improvements to the water system are planned at this time
for this area. A study of the water supply shall be conducted at the cost of the
developer prior to development.
K:IReports120051PC Reportsl06-13-051RZN 05-1502 (Benton Development.doc
June 13,2005
Planning Commission
RZN 05-1502 (Benton Development)
Page 2.2
Sewer: The site does have access sanitary sewer through development to the south.
Minimum size of new sewer mains is 8". Sewer would need to be extended
within the property. A capacity analysis of the downstream sewer lines shall be
conducted and a capacity analysis of the lift stations downstream of the site shall
be conducted prior to development at the cost of the developer.
Fire: The subject property is located approximately 2.6 miles from the Fire Station #7.
Response time to the property is approximately 6 minutes. The Fire Department
has projected a response time of 6.5 minutes at full build -out, with 10 calls per
year.
Police: It is the opinion of the Fayetteville Police Department that this 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.
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to RSF-4 is consistent with the land use plan and compatible with surrounding land uses in the
area.
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 RSF-4 zoning for a Single family residential use is compatible
with adjacent and nearby single family residential land use. The General
Plan designates this area for residential use, which is compatible with the
proposed RSF-4 zoning.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is justified in order to promote orderly and consistent
development patterns making use of existing infrastructure: A subdivision
with density compatible to those surrounding subdivisions within the City
could not be developed as it is currently zoned. A higher density than the R-
A zoning district is appropriate in this area, and would provide compatibility
with adjoining developments that are zoned RSF-4.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will provide additional traffic on all adjacent streets.
Salem Road, a Collector Street on the Master Street Plan (MSP), is adjacent
K:IReports120051PC Reports106-13-051RZN 05-1502 (Benton Development).doc
June 13, 2005
Planning Commission
RZN 05-1502 (Benton Development)
Page 2.3
to the eastern property line of the subject property. Weir Road, a Local
Street on the MSP adjoins the northern boundary of the property. In
addition to these existing streets, Gypsum Dr., a Collector Street, is shown on
the MSP to bisect the northern portion of the property, south of Weir Rd,
and align with the existing Gypsum Dr to the east. These several existing
streets that surround the property will allow traffic to disperse in an efficient
manner and lessen any negative affects from the addition of vehicular traffic
in this area. The Fayetteville Police Department finds that rezoning this
property will not result in an appreciable increase in the level of traffic
danger and congestion in the area.
4. A determination as to whether the proposed zoning would alter the population density
and thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The proposed zoning would increase population density. Under an R -A,
Residential Agricultural designation, the 10.47 -acre tract would allow for a
maximum of 5 dwelling unit (1 unit / 2 acres). With the proposed RSF-4
designation, 41 dwelling units would be permitted, with a projected total of
90 future residents in this area. Rezoning the property increases the possible
number of residential units and population than that which would be allowed
in the R -A zoning district, but is consistent with land use, zoning, and
development patterns in the immediate vicinity.
Increased load on public services were taken into consideration and
recommendations from Engineering, Fire, and Police Departments are
included in this report.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing: zoning classifications;.
b. There are extenuating circumstances which justify the rezoning
even though there are reasons under b (1) through (4) above why
the proposed zoning is not desirable.
Finding: N/A
K:IReports120051PC Reportsl06-13-05WZN 05-1502 (Renton Development).doc
June 13,2005
Planning Commission
RZN 05-1502 (Benton Development)
Page 2.4
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
Unit 6
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 1 One-half
D
Bulk and area regulations.
Lot width minimum
200 ft.
Lot Area Minimum:
Residential:
Nonresidential:
2 acres
2 acres
Lot area per dwelling unit
2 acres
(E) Setback requirements.
Front
Side
Rear
35 ft.
20 ft.
35 ft.
(F) Height requirements. There shall be no
maximum height limits in the A-1 District,
provided, however, that any building which
exceeds the height of 15 feet shall be setback from
any boundary line of any residential district a
distance of 1.0 foot for each foot of height in
excess of 15 feet. Such setbacks shall be measured
from the required setback lines.
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
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
Horne occupations
Unit 36
Wireless communications facilities
(C) . Density.
(D) Bulk and area regulations.
Single-family
dwellings
Two-family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and area regulations.
(E)
Setback requirements.
Front
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
dwelling unit
8,000 sq. ft.
6,000 sq. ft.
(E)
Setback requirements.
Front
Side
Rear
25ft.
8ft
20 ft.
(F) Height. None.
(G) Building area. None.
K: IReports120051 PC Reports106-13-OSI RZN 05-1502 (Benton Developmenij.doc
(G) Building area. On any lot the area occupied
by all buildings shall not exceed 40% of the total
area of such lot.
June 13, 2005
Planning Commission
RZN 05-1502 (Benton Development)
Page 2.5
May 16, 2005
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
In reference to RZN05-1502: (BENTON DEVELOPMENT LLC, 206): Submitted by
H2 ENGINEERING INC, for property located at SW CORNER OF WEIR AND SALEM
ROAD. The property is zoned R -A RESIDENTIAL AGRICULTURAL and contains
approximately 10.66acres. The request is to rezone the subject property to RSF-4,
Residential Single Family, 4 units per acres.
It is the opinion of the Fayetteville Police Department that this 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.
Individually, each of these annexations and rezoning do not necessarily substantially alter
the population density, nor do they create and appreciable increase in traffic danger and
congestion. The sum total presented over the years, however, has had a substantial impact
on the demand for police services and has caused an appreciable increase in traffic
congestion.
Captain William Brown
Fayetteville Police Department
June 13, 2005
Planning Commission
RZN 05-1502 (Benton Development)
Page 2.6
Fayetteville Fire Department Service Delivery Impact: Zoning Review November 30.2004
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June 13, 2005
Planning Commission
RZN 05-1502 (Benton Development)
Page 2.7
Jun -09-2005 07:13am From -H2 Engineering
April 14, 2005
Planning Division
City of Fayetteville
125 West Mountain
Fayetteville, AR 72701
+4795929254 T-090 P.002/002 F-835
cK2'
ENGINEERING, INC.
RE: BENTON DEVELOPMENT LLC — SALEM ROAD
REZONING — R -A to RSF-4
To whom it may concern:
The property owners for the above referenced project are Jack and Joan Haynes, husband
and wife. The proposed project is located at the southwest corner of the intersection of
Salem Road and Weir Road. The property is being submitted for annexation into the City
of Fayetteville concurrently with this rezoning application. The proposed zoning of this
property is the same as the other residential developments in that locale.
The property is contiguous to Fayetteville City Limits along the southern border which is
a common boundary to Salem Meadows Subdivision (RSF-4). The subject property is
bound by Crystal Springs Subdivision to the east, which is also zoned RSF-4. The
subject property is bound by undeveloped properties to the north and west, which are not
within Fayetteville. City Limits.
The proposed development will have connectivity to Salem Meadows Subdivision to the
south whereby providing an opportunity for water and sewer extensions into this project.
Sewer is also available at Crystal Springs Subdivision, which is located across Salem
Road.
Respectfully,
pp earne, P.E.
Vice -President
June 13, 2005
Planning Commission
RZN 05-1502 (Benton Development)
2758 Millennium Drive Suite 1 Fayetteville, Arkansas 72703 Phone: 479.582,H2E1 Fax: 470ga:6254