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Doc I%R 033696320003 Type: REL
Kind: ORDINANCE -
Recorded: 10/14/2010 at 02:23:50 PM
2:4
ee Amt: $25.00 Pace 3 of 3
Waehincto, Count". AR
Bette BUMS Circuit Clerk
F1192010-00030353
ORDINANCE NO. 5355
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 10-3613, FOR APPROXIMATELY 3.0 ACRES,
LOCATED AT 5989 EAST HUNTSVILLE ROAD FROM RESIDENTIAL
SINGLE-FAMILY, 4 UNITS PER ACRE, TO R-A, RESIDENTIAL
AGRICULTURAL
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 R-A,
Residential Agricultural, 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.
PASSED and APPROVED this 21St day of September, 2010.
APPROVED: ATTEST:
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By: r't By: 4aa—
LIOE
D JOR16K, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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and recorded in Real Estate
File Number 2010-0
Bette Stam 030353
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EXHIBIT "A"
RZN1O-3613 WATSON/5989 HUNTSVILLE
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SUBJECT PROPERTY
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Futur6 Trails
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RZN4 0-3613
,,Footprints 2010
- Hillside-Hilltop Overlay District
Design Overlay Di 3trict
Design Overlay Di trict
----- Planning Area
0 125 250 500 750 1,000
Fayetteville Fee
EXHIBIT "B"
RZN 10-3613
SURVEY DESCRIPTION (PARCEL 765-13150-000):
A PART OF THE SOUIHWEST QUARTER OF THE NORTI IEAST QUARTER AND A
PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER ALL IN
SECTION 20, TOWNSHIP 16 NORTH, RANGE 29 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
BEGINNING AT A POINT WHICH IS S86058'24"E 878.40' FROM THE SOUTHWEST
CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, SAID
POINT BEING A SET IRON PIN, AND RUNNING THENCE NO3°08'48"E 53.61' TO A
FOUND IRON PIN, SAID PIN BEING ON THE SOUTI I RIGHT-OF-WAY OF ARKANSAS
HIGHWAY 16 (HUNTSVILLE ROAD), THENCE N85027'56"E 438.17' TO A FOUND IRON
PIN, THENCE S02°49'04"W 300.00', THENCE S85°29'42"W 439.88', THENCE NO3°08'48"E
246.39' TO THE POINT OF BEGINNING. CONTAINING 3.00 ACRES, MORE OR LESS.
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
9/21/2010
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
Action Required:
RZN 10-3613: (Watson, 611): Submitted by Tom and Marie Watson for property located at 5989 East Huntsville
Road. The property is zoned RSF-4, Residential Single-Family, 4 units per acre, contains approximately 3.0 acres.
The request is to rezone the subject property to R-A, Residential Agricultural.
Cost of this request Category/Project Budget Program Category/Project Name
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution#
Department for Date
Original Contract Date:
Original Contract Number:
City Attorney Date
-fctj a - N, 3 -20,
Finance and Internal Services Director Date Received in City
Clerk's Office 09-03-10A09 :53 R C V D
3
ChieNlof S im Date ENT Ep
r Received in /u
/ Mayor's Office
major Date
Comments:
Revised January 15, 2009
THE CITY OF FAYETTEVILLE,ARKANSAS
.Zay I leDEPARTMENT CORRESPONDENCE
ARRAN>Fli
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Jeremy Pate, Development Services Directo6
From: Andrew Garner, Senior Planner
Date: August 31,2010
Subject: RZN 10-3613 Watson
RECOMMENDATION
Staff and Planning Commission recommend approval of an ordinance to rezone the subject property from RSF-4,
Residential Single Family Four Units Per Acre to R-A, Residential Agricultural (RZN 10-3613).
BACKGROUND
fhe subject property is located on the south side of Fast Huntsville Road/State Highway 16E approximately one-
quarter mile east of Mall), Wagnon Road. The overall site contains approximately 4.6 acres. The northern portion of
fhe property adjacent to Huntsville Road is within the City, the southern portion of the property is within
Washington County. On May 6, 2010 the applicant received approval from Washington County to operate a flea
market in an existing metal building on the southern portion of the property. There is also a residence and several
accessory structures on the overall site. The northern portion of the site is traversed by a large overhead electric
transmission line and associated easements running east-west along Huntsville Road. The subject property is the
northern approximately 3.0 acres of the applicant's property that is within the City.
The applicant proposes to rezone the approximately 3.0-acre property from RSF-4, Residential Single Family Four
Units/Acre to R-A, Residential Agricultural, stating that the reason for the rezoning request is to allow for a sign for
their flea market business. The City's Future Land Use Plan identifies this property as a Rural Area, which is
consistent with the applicant's proposal.
DISCUSSION
On August 30, 2010 the Planning Commission forwarded this request to the City Council with a recommendation for
approval with a vote of 9-0-0.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING "'THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 10-3613, FOR
APPROXIMATELY 3.0 ACRES, LOCATED AT 5989 EAST
FIUNTSVILLE ROAD FROM RESIDENTIAL SINGLE-
FAMILY, 4 UNITS PER ACRE, TO R-A, RESIDENTIAL
AGRICULTURAL
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 R-A, Residential Agricultural, 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.
PASSED and APPROVED this day of 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN10-3613 WATSON/5989 HUNTSVILLE
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Muti-Use Trail (Existing)
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Muti-Use Trail (Existing)
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RZN,10-3613
Footprints 2010
Hillside-Hilltop Ovi rlay District
Design Overlay Di Arict
Design Overlay Di trict
------ Planning Area
0 125 250 500 750 1,000
Fayetteville Fee
I
EXHIBIT "B"
RZN 10-3613
SURVEY DESCRIPTION (PARCEL 765-13150-000):
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND A
PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER ALL IN
SECTION 20, TOWNSHIP 16 NORTH, RANGE 29 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
BEGINNING AT A POINT WHICH IS S86058'24"E 878.40' FROM THE SOUTHWEST
CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, SAID
POINT BEING A SET IRON PIN, AND RUNNING TF3ENCE NO3°08'48"E 53.61' TO A
FOUND IRON PIN, SAID PIN BEING ON THE SOUTH RIGHT-OF-WAY OF ARKANSAS
HIGHWAY 16 (HUNTSVILLE ROAD), THENCE N85°27'56"E 438.17"FO A FOUND IRON
PIN, THENCE S02°49'04"W 300.00', THENCE S85°29'42"W 439.88', THENCE NO3°08'48'B
246.39' TO TIIE POINT OF BEGINNING. CONTAINING 3.00 ACRES, MORE OR LESS.
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ARKANSAS PC Meeting of August 30, 2010
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE 1'elephone: (479)575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: August 16, 2010
RZN 10-3613: Rezoning (WATSON/5989 E. I-IUNTSVILLE, 611): Submitted by TOM and
MARIE WATSON for property located at 5989 E,. I IUNTSVILLL ROAD. The property is zoned
RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 3.0 acres.The request is to
rezone the subject property to R-A, Residential Agricultural. Planner: Andrew Garner
BACKGROUND:
Jinni 26 2010 Planning Commission Meetine and Current Proposal: At the July 26, 2010 Planning
Commission the applicant proposed to rezone 0.50-acre of their property to R-O,Residential Office.
Planning staff recommended denial of the request. The Planning Commission tabled the applicant's
request- discussing that they felt there were other options that should be explored that might be a
better fit than the proposed rezoning (meeting minutes attached). The applicant has revised their
rezoning request and now propose to rezone the entire approximately 3.0-acre tract located within
the City to R-A. Residential Agricultural.
Property Description and History: The subject property is located on the south side of East
Huntsville Road/State Highway 16E approximately one-quarter mile east of Mally Wagnon Road.
The overall site contains approximately 4.6 acres. The northern portion of the property adjacent to
Huntsville Road is within the City, the southern portion of the property is within Washington
County. On May 6,2010 the applicant received approval from Washington County to operate a flea
market on the southern portion of the property. There are also two residences and several accessory
structures on the overall site.The northern portion of the site is traversed by a large overhead electric
transmission line and associated easements running east-west along Huntsville Road. The subject
property is the northern approximately 3.0 acres of the applicant's property that is within the City.
Surrounding land use and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Site Land Use Zoning
North Single-family residential RSF-4
South Rural/Flea Market Washington County Agricultural/Single
Family Residential 1 unit per acre*
East and West Rural residential RSF-4
`Approved conditional use permit to operate a flea market in the existing building at 5975 East Huntsville Road
G:IE7'ClDevelopmen/Sen�ices Revic102010iDevelopinew RememV0-3613 RZN 5989 E Hunlsvllle Road103-Planning Convnission108-30-
101Convneuis& Redlines
Proposal: The applicant proposes to rezone the approximately 3.0-acre property from RSF-4,
Residential Single Family Four Units/Acre to R-A, Residential Agricultural, stating that the reason
for the rezoning request is to allow for a sign for their flea market business.
Public Comment: Staff has not received public comment on this particular request.
RECOMMENDATION:
Staff recommends approval of RZN 10-3613 (Watson) based on findings stated herein.
PLANNING COMMISSION ACTION: Required YES
Date: July 26, 2010 X;Tabled Ej Forwarded ❑ Denied
Motion: Kennedy Second: Chesser Vote: 8-0-0
Date: August 30, 2010 ❑ Tabled X Forwarded ❑ Denied
Motion: Chesser Second: Cabe ` Vote: 9-0-0
CITY COUNCIL ACTION: Required YES
❑ Approved ❑ Denied
Date:
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan
designates this site as RuralArea. The Rural Area land use designation consists ofareas that have
infrastructure andpublie services to support low-density, low-intensity land uses. These areas do not
have adequate transportation or public services to support urban development patterns at this time.
This area also encourages conservation and preservation in any development pattern. Ifdeveloped,
these areas encourage alternative development patterns to achieve compatibility with surrounding
rural areas.
INFRASTRUCTURE:
Streets: The site has access to Huntsville Road. Huntsville Road is a two lane state highway
in this location. Street improvements will be evaluated with development submittal.
Water: Public water is available to the property.There is an 8"public main located alongthe
north side of Huntsville Road. Public water main improvements may need to be
constructed to provide domestic and fire flow for any proposed development.
Sewer: Sanitary sewer is available to the site. There is a 6" public main located along the
G:IETCIDevelop neni.Services RevieM20100evelopmenl Revieivl10-3613 RZN 5989 EHunlsville Road103-Planning Cononission108-30-
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south side of Huntsville Road directly in front of this property. The existing sanitary
sewer may need to be analyzed to ensure that it has adequate capacity to serve a
future development on this lot. Public mains may need to be extended through the
property to serve any proposed development.
Drainage: Standard improvements and requirements for drainage will be required for any
development. This property is not affected by the 100-year floodplain.
Police: Staff did not receive information from the Police Department before the publication
of this staff report.
Fire: See vicinity map included in this packet indicating the emergency response route to
this site from Fire Station #3.
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: Staff finds that the R-A zoning district is consistent with the Future Land Use
designation of Rural Area on the property, which is intended largely for low
density,low-intensity land uses.The proposed 3.0-acre tract meets the minimum
bulk and area requirements of the proposed zoning district. The surrounding
land uses and zonings are predominantly single family and rural residential.
The proposed R-A zoning would be compatible with the surrounding large
parcels, agricultural and residential uses. The proposed zoning would also be
compatible with the surrounding RSF-4 zoning in the City and Washington
County Agricultural/Single Family Residential 1 unit per acre zoning.This re-
zoning is not considered to be a "spot zone," as it would be compatible and
appropriate to have this parcel zoned R-A, based on the Future Land use Plan
for the area, and the existing rural character of this area of southeast
Fayetteville. The Future Land Use Plan does not anticipate a higher density or
intensity of land use in this area in the foreseeable future.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The applicant has discussed that the proposed rezoning is needed to allow for a
sign for the flea market that was approved by Washington County on May 6,
2010. The building being utilized for the flea market is approximately 350 feet
off of Huntsville Road and in the County. The applicant desires a sign on the
portion of the property in the City and zoned RSF-4 adjacent to Huntsville
Road.While staff understands that a sign is desired for the marketability of the
new flea market business, the zoning of the property as a whole should be
evaluated, not just the potential for a sign. As discussed in Finding No. 1, the
G:IETCIDevelohmeni Services Review120100evelopmem Revlewl10-3613 RUN 5989 E Hamisville RoadiO3-Planning CommissioM08-30-
Mcommenls& Redlines
