HomeMy WebLinkAboutOrdinance 5404 Doe 1D: 014033680003 Type: REL
Kind: ORDINANCE
Recorded: 05/24/2011 at 01:20:03 PM
Fae Amt: 525.00 Paae 1 of 3
Mashlnaton County. AR
9stte Stamos Clrcult Clerk
F11e2011-00014306
ORDINANCE NO. 5404
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 11-3777, FOR APPROXIMATELY 4.86 ACRES,
LOCATED AT 2143 NORTH RUPPLE ROAD FROM RSF-1, RESIDENTIAL
SINGLE-FAMILY, 1 UNIT PER ACRE TO R-O, RESIDENTIAL OFFICE
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-1, Residential Single-Family, 1 unit per acre to R-O,
Residential Office, 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 3'd day of May, 2011.
APPROVED: ATTEST:
By: ���-•By: &ao(l � . �Mht
IOALD JO , Mayor SONDRA E. SMITH, City ClerkrFreasurer
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EXHIBIT "A"
RZN11-3777 DAU G H ERTY
Close Up View
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Legend
M.RZN11-3777
Mutl-Use Trail (Existing) ••`� ;
- Future Tralls RPZD
. l,Footprints 2010 .
- Hillside-Hilltop Ov, rlay District
Design Overlay Di trict
Design Overlay Di trict
------ Planning Area
0 125 250 500 750 1.000
Fayetteville Feel
EXHIBIT "B"
RZN 11-3777
EXISTING LEGAL DESCRIPTION:
A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 1, TOWNSHIP 16 NORTH, RANGE 31 WEST,AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE
NORTHWEST CORNER OF THE HAMSTRING CREEK BRIDGE, WHICH IS 436.26'
SOUTH AND 655.38' WEST OF THE NORTHEAST CORNER OF SAID FORTY ACRE
TRACT,AND RUNNING THENCE S76°20'W 151.80'TO A FENCE ON THE NORTH SIDE
OF HAMSTRING CREEK; THENCE WITH THE FENCE S71021'W 307.56' TO A CROSS
FENCE BEING ON THE WEST LINE OF SAID FORTY ACRE TRACT, THENCE NORTH
ALONG THE WEST LINE OF SAID FORTY ACRE TRACT 374.88' TO A POINT 214.5'
SOUTH OF THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT, THENCE
CONTINUING NORTH ALONG THE WEST LINE OF SAID FORTY ACRE TRACT 89.76'
TO THE CENTERLINE OF THE MT. COMFORT ROAD, SAID POINT BEING 124.74'
SOUTH OF THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT, THENCE IN
AN EASTERLY DIRECTION WITH THE CENTERLINE OF SAID ROAD TO A POINT
WHICH IS 623.70' EAST AND 161.70' SOUTH OF THE NORTHWEST CORNER OF SAID
FORTY ACRE TRACT, THENCE IN A SOUTHERLY DIRECTION WITH THE WEST LINE
OF THE COUNTY ROAD TO THE POINT OF BEGINNING, CONTAINING 4.86 ACRES,
MORE OR LESS.
Washington County,AR
I certify this instrument was filed on
05/24/2011 01:20:03 PM
and recorded in Real Estate
File Number 2011.00014306
Bette Stamps-Circuit Clerk
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
5/3/2011
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
Action Required:
RZN 11-3777: (2143 North Rupple Road/Daugherty, 361): Submitted by Bates &Associates for property located at
2143 North Rupple Road. The property is zoned RSF-1, Residential Single-Family, 1 Unit per acre and contains
approximately 4.86 acres. The request is to rezone the subject property to R-O, Residential Office.
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
_111B,>/,01 sCr.,ml Previous Ordinance or Resolution#
Department Director Date
Original Contract Date:
Original Contract Number:
Cily Attorney I nn Date
�a Jl 0. Ihl ..41, - i ,- 1 1PO1 42
Finance and Internal Services Director Date Received in City
Clerk's Office
Chief of St Date E
Received in
Mayor's Office
Ma r to /
Comments:
Revised January 15,2009
ayerLqdo
e THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
S
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Andrew Garner, Senior Planner
Date: April 14,2011
Subject: RZN 11-3777 (2143 Rupple Road/Daugherty)
RECOMMENDATION
Planning Commission and staff recommend approval of an ordinance to rezone the subject property from RSF-1,
Residential Single Family One Unit Per Acre to R-O, Residential Office.
BACKGROUND
The subject property is located at the southwest corner of Mount Comfort Road and Rupple Road and is developed
with two warehouse structures totaling approximately 20,000 square feet that were constructed in 1955 according to
the Washington County Assessor's office. Hamestring Creek and its associated floodplain runs east to west along the
southern portion of the property.
The site has access to Rupple Road and Mount Comfort Road. Rupple Road is an unimproved two lane city street in
this location. Mount Comfort Road is also an unimproved paved two lane city street along the northern property line.
The City improvements for Mount Comfort have been completed just east of this property. Mount Comfort Road is
designated as a Minor Arterial Roadway and Rupple Road is identified as a Principal Arterial Parkway. However,
the Master Street Plan identifies that Rupple Road will be eventually realigned to the east of this site, to line up in a
four-way intersection with the existing signal at Mount Comfort Road/Salem Road. After the realignment of Rupple
Road, the existing road adjacent to the eastern border of this site would likely remain as a local street, with this
street's odd `Y' intersection with Mount Comfort being converted into a typical `T' intersection. The applicant has
indicated to staff that that they do not have any immediate development plans for the site but would like to be able to
market the property for non-residential uses.
DISCUSSION
On April 11, 2011 the Planning Commission forwarded this item to the City Council with a recommendation for
approval with a vote of 6-0-0.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 11-3777, FOR
APPROXIMATELY 4.86 ACRES, LOCATED AT 2143 NORTH
RUPPLE ROAD FROM RSF-1, RESIDENTIAL SINGLE-
FAMILY, 1 UNIT PER ACRE TO R-O, RESIDENTIAL OFFICE
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-1, Residential Single-Family, 1 unit per acre
to R-O, Residential Office, 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 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN 11-3777 DAU GH ERTY
Close Up View
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Legend
O RZN11-3777 ,•'
........ Muti-Use Trail (Existing) ,•'•
t
Future Trails RnzD f•
Wootprints 2010
- Hillside-Hilltop Overlay District
Design Overlay Di Wict
Design Overlay Di trict
---- Planning Area
Fayetteville
0 ze 250 500 750 00
e8l
EXHIBIT "B"
RZN 11-3777
EXISTING LEGAL DESCRIPTION:
A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 1, TOWNSHIP 16 NORTH, RANGE 31 WEST,AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE
NORTHWEST CORNER OF THE HAMSTRING CREEK BRIDGE, WHICH IS 436.26'
SOUTH AND 655.38' WEST OF THE NORTHEAST CORNER OF SAID FORTY ACRE
TRACT, AND RUNNING THENCE S76°20'W 151.80' TO A FENCE ON THE NORTH SIDE
OF HAMSTRING CREEK; THENCE WITH THE FENCE S71°21'W 307.56' TO A CROSS
FENCE BEING ON THE WEST LINE OF SAID FORTY ACRE TRACT, THENCE NORTH
ALONG THE WEST LINE OF SAID FORTY ACRE TRACT 374.88' TO A POINT 214.5'
SOUTH OF THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT, THENCE
CONTINUING NORTH ALONG THE WEST LINE OF SAID FORTY ACRE TRACT 89.76'
TO THE CENTERLINE OF THE MT. COMFORT ROAD, SAID POINT BEING 124.74'
SOUTH OF THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT, THENCE IN
AN EASTERLY DIRECTION WITH THE CENTERLINE OF SAID ROAD TO A POINT
WHICH IS 623.70' EAST AND 161.70' SOUTH OF THE NORTHWEST CORNER OF SAID
FORTY ACRE TRACT, THENCE IN A SOUTHERLY DIRECTION WITH THE WEST LINE
OF THE COUNTY ROAD TO THE POINT OF BEGINNING, CONTAINING 4.86 ACRES,
MORE OR LESS.
Planning Commission
April 11, 2011
Page I of I
RZN 11-3777: Rezone (2143 N. RUPPLE RD./DAUGHERTY, 361): Submitted by BATES AND
ASSOCIATES for property located at 2143 NORTH RUPPLE ROAD. The property is zoned RSF-1,
RESIDENTIAL SINGLE FAMILY- 1 UNIVACRE and contains approximately 4.57 acres. The request is to
rezone the subject property to R-O,RESIDENTIAL OFFICE.
Dara Sanders,Current Planner,gave the staff report discussing the property setting and staff's recommendation
for approval.
Geoff Bates, applicant,stated that he was available for questions.
No public comment was presented.
Commissioner Winston discussed that he was glad that staff and the applicant had worked out issues prior to
the Planning Commission meeting(referring to staff's recommendation to the applicant to change their original
rezoning request from C-1,Neighborhood Commercial).
Motion:
Commissioner Winston made a motion to forward the item to the City Council with a recommendation for
approval.Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 6-0-
0.
•
aye evl e PC Meeting of April 11, 2011
AnRAN5A5
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: ^^ Wit = Updated April 14, 2011
RZN 11-3777: Rezone(2143 N.RUPPLE RD./DAUGHERTY,361): Submitted by BATES AND
ASSOCIATES for property located at 2143 NORTH RUPPLE ROAD. The property is zoned RSF-
1,RESIDENTIAL SINGLE FAMILY- 1 UNIT/ACRE and contains approximately 4.86 acres. The
request is to rezone the subject property to R-O, RESIDENTIAL OFFICE.
Planner:Andrew Gamer
BACKGROUND:
The subject property is located at the southwest corner of Mount Comfort Road and Rupple Road
and is developed with two warehouse structures totaling approximately 20,000 square feet that were
constructed in 1955 according to the Washington County Assessor's office. Surrounding land uses
and zoning are shown in Table 1. Hamestring Creek and its associated floodplain runs east to west
along the southern portion of the property.
Table 1: Surrounding Land Use and Zoning
Direction from Site Land Use Zoning
North Cemetery; Single family RSF-1, Residential Single Family 1 unit/acre; RSF-
residential 4, Residential Single Family 4 units/acre
South Rural residential RSF-1, Residential Single Family 1 unit/acre;
East Rural/pasture RSF-1, Residential Single Family 1 unit/acre;
West Rural/pasture R-A, Residential Agricultural
Proposal: The applicant has submitted an application to rezone the property from RSF-1,
Residential Single Family One Unit Per Acre to R-O, Residential Office.
Public Comment: Staff has not received public comment.
RECOMMENDATION:
Staff recommends forwarding RZN 11-3777 to the City Council with a recommendation of approval
based on findings stated herein.
G:\ETC\Development Services Review\201 l\Development Review\11-3777 RZN 2143 N Rupple Rd
(Daugherty)\03 Planning Commission\04-11-11\Comments and Redlines
PLANNING COMMISSION ACTION: Required YES
Date: 04-11-11 ❑ Approved X Forwarded ❑ Denied
Motion: Winston Second: Chesser Vote: 6-0-0
CITY COUNCIL ACTION: Required YES
❑ Approved ❑ Denied
Date:
INFRASTRUCTURE:
Streets: The site has access to Rupple Road and Mount Comfort Road. Rupple Road is an
unimproved two lane city street in this location. Mount Comfort Road is also an
unimproved paved two lane city street along the northern property line. The City
improvements for Mount Comfort have been completed just east of this property.
Street improvements to this site will be evaluated at the time of development.Mount
Comfort Road is designated as a Minor Arterial Roadway and Rupple Road is
identified as a Principal Arterial Parkway.However,the Master Street Plan identifies
that Rupple Road will be eventually realigned to the east of this site, to line up in a
four-way intersection with the existing signal at Mount Comfort Road/Salem Road.
After the realignment of Rupple Road, the existing road adjacent to the eastern
border of this site would likely remain as a local street, with this street's odd `Y'
intersection with Mount Comfort being converted into a typical `T' intersection.
Water: Public water is available to the property. There is 6"water main on the east side of
Rupple Road and an 8" main running through this property. Public water main
improvements may need to be extended to the property to provide domestic and fire
flow for any proposed development.
Sewer: Sanitary sewer is not available to the site. There is a 15"public main located along
creek on the adjacent property to the south. Public mains will 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 affected by the 100-year floodplain and the
Streamside Protection Zones associated with Hamestring Creek.
Police: The Fayetteville Police Department has not objected to this request.
Fire: The Fayetteville Fire Department has not objected to this request.
GAEMDevelopment Services Review\2011\Development Review\11-3777 RZN 2143 N Rupple Rd
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CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan
designates this site as City Neighborhood Area, which is a denser and primarily residential urban
fabric where mixed and low -intensity nonresidential uses are usually confined to corner locations.
As small portion of the southern area of the site associated with the Hamestring Creek floodplain is
designated as Natural 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 rezoning is consistent with current land use planning objectives and
policies and is compatible with adjacent properties in the same district.
Surrounding properties are primarily rural residential with some undeveloped area,
and function within a residential district that has several churches along Mount
Comfort Road, including one adjacent to the north. The intersection of Mount
Comfort Road/Rupple Road is appropriate for non-residential services. This area
of Mount Comfort Road is indicated on the Future Land Use plan as City
Neighborhood Area, with a small area around the Hamestring Creek in the
southern portion of the site as Natural Area. The proposed low -intensity non-
residential uses permitted in the R-O zone would be compatible with the existing
and future residential uses as it would serve and be supported by the future
population of the surrounding areas. The non-residential uses allowed under the
proposed R-O zoning at the existing intersection of Mount Comfort Road/Rupple
Road would be appropriate given the relatively high volume of traffic at the
intersection of a Minor Arterial and a Principal Arterial, and would provide
opportunities for goods/services in closer proximity to residents of the area. The
Master Street Plan currently shows Rupple Road being moved to the east away
from this site to line up with the Salem Road intersection. The existing unimproved
Rupple Road adjacent to this site would likely become a local street mainly for
access to this property. This would result in this property being at the intersection of
a Minor Arterial and a Local Street, which would still be appropriate for the
proposed R-O zoning, in staffs opinion. The permitted uses for the R-O zoning area
attached to this report and show that this district is a mixed use zoning allowing a
variety of office, small-scale commercial, and residential uses.
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 and to allow for the build out of the area consistent with the
City Plan 2025. The City Plan 2025 identifies some Guiding Policies for City
Neighborhood Areas that are applicable to the proposed rezoning as follows:
GAETC\Development Services Review\2011\Development Review\11-3777 RZN 2143 N Rupple Rd
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Guidine Policies:
Provide non-residential uses that are accessible for the convenience of
individuals living in residential districts and where compatibility with
existing desirable development patterns occurs.
Reduce the length and number of vehicle trips generated by residential
development by enhancing the accessibility to these areas...
Encourage developers to designate and plan for mixed -use corners at the
time of approval to properly plan for accessibility to these areas.
The proposed use would be compatible to adjacent land uses and would encourage
continued growth of this identified mixed use area. The non-residential uses would
serve the existing and future population of the surrounding areas and would not
create a nuisance or adversely affect the public interest.
3. A determination as to whether the proposed zoning would create or appreciably increase traffic
danger and congestion.
Finding: Future development with the proposed zoning would increase traffic accessing onto
Mount Comfort Road and Rupple Road more than that which exists today. Mount
Comfort Road is a Minor Arterial roadway that has been improved by the City just
east of this site as part of the Transportation Improvement Bond Program. The
Master Street Plan currently shows Rupple Road being moved to the east away
from this site to line up with the Salem Road intersection. At some point in the
future when Rupple Road is realigned, the existing unimproved Rupple Road
adjacent to this site would likely become a local street mainly for access to this
property. With the recent improvements to Mount Comfort Road in this vicinity
and standard improvements required to immediately adjacent streets that would be
required at the time of development of this property, the proposed zoning will not
create or appreciably increase traffic danger or congestion. Rather the proposed
zoning would allow for the provision of services to residents in the area and drivers
along busy arterial roadways.
It is the opinion of the Fayetteville Police department that an appreciable increase in
traffic danger and congestion will not be created by this rezoning request.
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 population density over the
existing RSF-1 zoning; however, the City public service providers have reviewed
this request and do not anticipate that this rezoning would undesirably increase the
load on public services.
GAETC\Development Services Review\2011\Development Review\l 1-3777 RZN 2143 N Rupple Rd
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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: Not applicable. Staff is recommending approval.
G-TTClDevelopment Services RevieM201 Mevelopment Review\] 1-3777 R7.N 2143 N Riipple Rd
(Daugherty)\03 Planning Conwiission\04-11-111CmmMreNs and Redlines
161.05 District RSF-1, Residential Single -Family — One Unit Per Acre
(A) Purpose. A district having single-family detached residences on lots with a minimum size of one unit per acre.
The district is designed to permit and encourage the development of very low density detached dwellings in suitable
environments, as well as to protect existing development of these types.
(B) Uses.
(C) Permitted uses.
Unit 1 Ci -wide uses b right
Unit 6 Single-familydwellings
11 Unit 41 1 Accessory dwellings
(D) Conditional uses.
Unit 2
City-wide uses by conditional
use permit
Unit 3
Public protecfion and ubli
facilities
Unit 4
Cultural and recreational facilities
Unit
Government facilities
Unit 24
Home occupations
Unit36
Wireless communications facilities
(E) Density.
11 Units per acre
(F) Bulk and area regulations.
Lot width minimum 150 ft.
Lot area minimum 35,720 S . Ft.
Land area per dwelling unit 1 35,720 S . Ft.
(G) Setback requirements.
Front Side Rear
35 ft. 20 ft. 35 ft.
(H) Building height regulations.
BulAng. Height Maximum 45 ft.
Height regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that
exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses, (ord. # 4858),
(I) Building area. None.
(Code 1965, § 160.44; Ord. No. 3792, §4, 5-17-94; Ord. No. 4100, §2 (Ex- A), 6-16-98; O)d. 4858, 4-18-06; Ord. 5028, 6-19-07; Ord. 5128, 4-15-08;
Ord- 5224,3-3-09)
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161.17 District R-O, Residential Office
(A) Purpose. The Residential -Office District is designed primarily to provide area for offices without limitation to
the nature or size of the office, together with community facilities, restaurants and compatible residential uses.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit
Government facilities
Unit
Single-family dwellings
Unit
Two-family dwellings
Unit 12
Limited business
Unit 25
Offices, studios, and related services
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit4
Cultural and recreational facilities
Unit 11
Manufactured home ark"
Unit 13
Eating laces
Unit 15
Neighborhood shopping oods
Unit24
Home occupations
Unit26
Mulfi4amily dwellings
Unit 36
Wireless communications facilities'
Unit 42
Clean technolo ies
(C) Density.
Units per acre 1 24 or less
(D) Bulk and area regulations.
(Per dwelling unit for residential structures)
(1) Lot width minimum.
Manufactured home park
100 ft.
Lot within a manufactured home
ark
50 ft.
Single-family
60
ft.
Two-family
60
ft
Three or more
90 ft,
(2) Lot area minimum.
Manufactured home park
3 acres
Lot within a manufactured home
4,200 sq. ft.
ark
Townhouses:
Development
10,000 sq. ft.
Individual lot
Z600 sq. ft,
Single-family
6.000 s . ft.
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Two-famil 6.500 so. ft.
Three or more 8,000 sq. ft.
Fraterni or Sorori 1 acre
(3) Land area per dwelling unit.
Manufactured home
3,000 sq. ft.
Townhouses & apartments:
No bedroom
1,000 sq. ft.
One bedroom
1,000 sq. ft.
Two or more bedrooms
1.200 sq. ft.
Fraternity or Sorority
500 sq. ft. per resident
(E) Setback regulations.
Front
15 ft.
Front, if parking is allowed between the right-
of -way and the building
50 ft.
Front, in the Hillside Overlay District
15 ft.
Side
10 ft.
Side, when contiguous to a residential district
15 ft.
Side, in the Hillside Overlay District
8 ft
Rear, without easement or alley
25 ft.
Rear, from center line of public alley
10 ft.
Rear, in the Hillside Overlay District
15 ft.
(F) Building height regulations.
11 Building Height Maximum 1 60 ft.
Height regulations. Any building which exceeds the height of 20 feet shall beset back from any side boundary line
of an adjacent single family district an additional distance of one foot for each foot of height in excess of 20 feet.
(G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot.
(Code No. 1965, App. A., Art, 5(x); Ord. No. 2414, 2-7-78; Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-29-70; Code 1991,
§ 160.041; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4726, 7-19-05; Ord. 4943, 11-07-06; Ord. 5079, 11-20-07:Ord. 5195,11-
6-08; Ord- 5224, 3-3-09; Ord. 5312, 4-20-10)
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1-�
Associ aces, I nc.
CMI Enpltawinp & Surv%ft
91 W. Colt Square Dr. Suite 3 f Fayetteville. AR 72703
PEI: 479-442-9350 " PAX: 479-521-9350
March 2. 2011
Planning Commission
City of Fayetteville
H 3 West Mountain
Fayetteville, AR 72701
RE: Bob Daugherty Property Rezoning
Dear Commissioners.
['his letter is to fulfill the requirements of item 5 on the rezoning application. We are proposing
to rezone the property from RSF-I to R-O.
a. Current property owner: Daugherty Goshen Farm, LLC.; there are no pending sales.
b. The zoning change is needed in order to bring the existing facility on the site into a more
conforming use than what the residential zoning allows.
c. With the Re -alignment of Rupple Road and Mt. Comfort, it is likely that this new
intersection will receive the Neighborhood Commercial Zoning in the future.
d. A 15" sewer main, and 12" force main are located south of the property. An R" water
main is located on the site along the north, as well as a 6" water main along Rupple Road.
e. With the Re -alignment of Rupple Road and Mt. Comfort, it is likely that this new
intersection will receive the Neighborhood Commercial Zoning in the future.
l: 'fhe zoning change is needed in order to use the existing facility.
g. The existing facility will increase traffic due to the fact it has been abandoned for quite
some time. However, with the re -alignment of Rupple Road and Mt. Comfort
intersection, the old road accessing this Ittcility will be abandoned and will only be used
for access to this property, therefore limiting danger and congestion caused by the old
intersection.
It. I'he proposed development will NOT alter the population density or undesirably increase
the load on public services.
i. It would be impractical to use the existing facility as a residence due to its size and nature
of construction. Neighborhood Commercial zoning appears to he a more appropriate use
for the site rather than a residential zoning.
Ifyou have any questions or require additional information. please feel free to call.
Sincerely
Bates & Associates, Inc.
Geoffrey II. Bates. P.G.
President of Engineering
THE CITY OF FAYETTEVILLE, ARKANSAS
IF mi 3 West Center Street
303 West EPARTStreet
Fayetteville, AR 72701
lu P (479) 575-8365 F (479) 575-0471
RKANSAS
Zoning Review
To:
Andrew Garner
From:
Captain Mark Stevens
Date:
April 5, 2011
Re:
RZN 11-3777
This development will be protected by Engine 7 located at 835 N. Rupple Road.
The Fayetteville Fire Department does not currently calculate the number of emergency calls for service for non residential
developments.
If you have any questions please feel free to contact me.
Captain Mark Stevens
Assistant Fire Marshal
Fayetteville Fire Department
Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain -Fayetteville, AR 72701
March 24, 2010
Jeremy Pate
Development Services Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
This document is in response to the request comments on the proposed RZN 11-
3777: Rezone (2143 N. RUPPLE RD./DAUGHERTY, 361): Submitted by BATES AND
ASSOCIATES for property located at 2143 NORTH RUPPLE ROAD.
I do not believe the rezoning of this property will cause any substantial call
volume increases or traffic danger and congestion problems.
Sincerely,
Captain William Brown
Fayetteville Police Department
RZN 1 1-37771 DAU GH ERTY
Close Up View
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MOSSY ROCK DR
SUBJECT PROPERTY
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Legend
RZN11-3777
•••••...... Muti-Use Trail (Existing)
}"Footprints 2010
— Hillside -Hilltop Ov
! Design Overlay D
Design Overlay D
------ Planning Area
= Fayetteville
District
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Overview Legend RZ 11-3777
Subject Property —••--
®RZN11.3777 �— _! Desi In Overlay District
■
d # r Boundary ' Plan ing Area
■
Fayi tteville
0 0.25 0.5 1
4es
NORTHWEST ARKANSAS
NEWSPAPERSi-c
Northwest Arkansas Democrat Gazette
The Morning News of Springdale
The Morning News of Rogers
Northwest Arkansas Times
Benton County Daily Record
212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
RECEIVED
MAY 2 5 2011
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest
Arkansas Newspapers LLC. Printed and published in Washington & Benton
County, (Lowell), Arkansas and that from my own personal knowledge
and reference to the files of said publication, the advertisement of: City
of Fayetteville- Ordinance 5404
Published May 19, 2011
Publication Charge : $ 51.88
Signed: —� �L�'----------
Subscribed and sworn to before me
This I5day of )�`y , 2011.
Notary Public
My Commission Expires
ORDINANCE NO. 0404
AN CROiNANCE REZONING THAT PROP1:HfY
OESCRIUEO7N REZONING PETITIONS OCATED
FOR RIDEDINIMATELY M1.P AGRES, LOCATBI
ED G CV C
AT 2143 NOA1H RUFFLE ROAD FROM W-1,
RESIDUOLAL SINGLE-FAMILY, t UNIT PER ACRE pgKAxsps
TO R.O. RESIDENTIAL OpRCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE
ARKANSAS:
Section 1. %the zone clessi icafion of ire following described property Is hereby changed
as fctlows:
From RSF-1, Residonllal Single -Family, 1 unit per acre to R-O, Residents! Office, as shoym
on Exhidts'A' and'a' attached hereto and made a part hereof.
Section 2. That the official zoning map of the City of Fayehevlle, Arkansas is hereby
am Won to regect the zoning charge Iin section 1 above.
PASSED and APPROVED finis 3d day of May, 2011,
APPROVED: ATTEST:
ONELD JORDAN, Mayor SONDRA E. SMITH, City ClwkrFreesurer
Exhibits for Mls ordinance may be viewed in the office of the City CloWI raasurer
Do not pay from Affidavit, an invoice will be sent