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Home My WebLink AboutORDINANCE 5896Doc ID: 017054210003 Type: REL Kind: ORDINANCE Recorded: 09/09/2016 at 09:20:07 AM Fee Amt: $25.00 Pape 1 of 3 Washington County, AR - Kyle Sylvester Circuit Clerk File2016-00026313 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 5896 File Number: 2016-0351 RZN 16-5474 (SOUTH OF 1297 E. FARMERS RD./HALE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5474 FOR APPROXIMATELY 1.28 ACRES LOCATED SOUTH OF 1297 EAST FARMERS ROAD FROM R-A, RESIDENTIAL AGRICULTURAL AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-7, RESIDENTIAL SINGLE FAMILY, 7 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-A, Residential Agricultural and RSF-4, Residential Single Family, 4 Units Per Acre to RSF-7, Residential Single Family, 7 Units Per Acre. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 8/16/2016 • : F,4YE7TEVILLE � Attest:: ; ,.: '9 • Sondra E. Smith, City Clerk Treasurer 16-5474 EXHIBIT 'A' 16-5474 EXHIBIT 'B' Legal Description Part of the Northeast Quarter (NE %) of Section Nineteen (19) in Township Sixteen (16) North, Range Thirty (30) West being more particularly described at commencing at the calculated center of the Northeast Quarter (NE %) of Section Nineteen (19) in Township Sixteen (16) North, Range Thirty (30) West; thence South 02°36'02" West a distance of 496.96 feet to a point; thence North 87°23'58" West a distance of 204.20 feet to a point; thence South 02°39'59" East a distance of 424.51 feet the POINT OF BEGINNING a point; thence South 02°16'50" East a distance of 242.40 feet to a point in the east right of way of West Farmer Drive; thence along said right of way North 77°27'27" West a distance of 35.10 feet to a point; thence continue along said right of way North 52°21'48" West a distance of 10.67 feet to a point; thence continue along said right of way North 45°46'29" West a distance of 3.63 feet to a point; thence continue along said right of way North 36°15'14" West a distance of 4.77 feet to a point; thence continue along said right of way North 26°24'05" West a distance of 8.63 feet to a point; thence continue along said right of way North 18°35'41" West a distance of 14.07 feet to a point; thence continue along said right of way North 09°54'52" West a distance of 11.20 feet to a point; thence continue along said right of way North 04°26'17" West a distance of 25.31 feet to a point; thence continue along said right of way North 03°17'57" West a distance of42.92 feet to a point; thence continue along said right of way North 02°47'38" West a distance of 42.54 feet to a point; thence continue along said right of way North 01°05'51" West a distance of 51.17 feet to a point; thence continue along said right of way North 01°52'56" West a distance of 43.55 feet to a point; thence continue along said right of way North 03'19'44" West a distance of 41,56 feet to a point; thence continue along said right of way North 03°52'11" West a distance of 24.48 feet to a point; thence continue along said right of way North 03'23'24" West a distance of 53.78 feet to a point; thence continue along said right of way North 04°14'07" West a distance of 61.73 feet to a point; thence continue along said right of way North 04°25'36" West a distance of 28.32 feet to a point; thence leaving the east right of way of West Farmer Road South 88°54'42" East a distance of 144.60 feet to a point; thence South 00°31'23" East a distance of 61.35 feet to a point; thence North 89°14'37" East a distance of 155.98 feet to a point in the centerline of East Farmer Road; thence along the centerline of East Farmer Road South 01°00'21" East a distance of 80.00 feet to a point; thence leaving the centerline of East Farmer Road South 89°13'51" West a distance of161.07 feet to a point; thence South 03°12'40" West a distance of 80.15 feet to a point; thence South 89°14'37" West a distance of 65.33 feet to the POINT OF BEGINNING containing in all 55,996 square feet or 1.29 acres, more or less and being further subject to any rights -of -ways, easements, liens, or encumbrances which may or may not be of record, Washington County, AR I certify this instrument was filed on 09/09/2016 09.20:07 AM and recorded in I Estate File Number 2 ,16-0 26313 Kyle Sylveste -C'tpCui erk by City of Fayetteville, Arkansas Text File File Number: 2016-0351 Agenda Date: 8/16/2016 Version: 1 In Control: City Council Meeting Agenda Number: C. 1 RZN 16-5474 (SOUTH OF 1297 E. FARMERS RD./HALE): 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed File Type: Ordinance AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5474 FOR APPROXIMATELY 1.28 ACRES LOCATED SOUTH OF 1297 EAST FARMERS ROAD FROM R-A, RESIDENTIAL AGRICULTURAL AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-7, RESIDENTIAL SINGLE FAMILY, 7 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-A, Residential Agricultural and RSF-4, Residential Single Family, 4 Units Per Acre to RSF-7, Residential Single Family, 7 Units Per Acre. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 811712016 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2016-0351 Legistar File ID 8/16/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/29/2016 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: RZN 16-5474: Rezone (SOUTH OF 1297 E. FARMERS RD./HALE 558): Submitted by HAMBLEN DESIGN SERVICES, INC. for properties SOUTH OF 1297 E. FARMERS RD. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL AND RSF 4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.28 acres. The request is to rezone the properties to RSF-7, RESIDENTIAL SINGLE FAMILY, 7 UNITS PER ACRE. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Fund Project Title Remaining Budget J V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF r PY l CITY COUNCIL AGENDA MEMO A —Ile RKANSAS MEETING OF AUGUST 16, 2016 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Planner DATE: July 18, 2016 SUBJECT: RZN 16-5474: Rezone (SOUTH OF 1297 E. FARMERS RD./HALE 558): Submitted by HAMBLEN DESIGN SERVICES, INC. for properties SOUTH OF 1297 E. FARMERS RD. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.28 acres. The request is to rezone the properties to RSF-7, RESIDENTIAL SINGLE FAMILY, 7 UNITS PER ACRE. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the properties to RSF-7, Residential Single-family / 7 units per acre as shown in the attached Exhibits `A' and 'B'. BACKGROUND: The proposed rezoning request is for approximately 1.28 acres on Farmers Drive, a small residential neighborhood north of Finger Park. The property is currently within the R-A and RSF- 4 zoning districts. The property to be rezoned contains 3 undeveloped parcels. Land Use Compatibility: The proposed zoning is compatible with surrounding land use patterns in this area, which contains a mixture of older single and two-family homes. A Wal-mart supercenter occupies a large parcel to the west. The proposed zoning would allow the land owner to develop single-family homes on lots of 60 feet in width. Land Use Plan Analysis: The proposed zoning is fully consistent with the Future Land Use Map (FLUM) of the City Plan 2030, in which infill of existing development centers is strongly encouraged for properties already served by public infrastructure. The goals of City Plan 2030 include making the traditional town form the standard. The RSF-7 zoning district encourages a residential development pattern which is slightly denser than the common RSF-4 zone, but remains recognizably suburban. The future land use plan could support a far more compact and dense development pattern, but in this case the 7 unit per acre limit is compatible with surrounding land use and configuration of the subject property lines. DISCUSSION: Mailing Address: 113 W. Mountain Street www_tayetteville-ar.gov Fayetteville, AR 72701 On July 11, 2016 the Planning Commission forwarded the applicant's request rezoning with a unanimous recommendation for approval. BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A ■ • Exhibit B ■ Application ■ Planning Commission Staff Report CITY OF • Fay% yv ee1e ARKNSAS TO: THRU: FROM: MEETING DATE PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Quin Thompson, Current Planner 16 UPDATED 7-12-2016 SUBJECT: RZN 16-5474: Rezone (SOUTH OF 1297 E. FARMERS RD./HALE 558): Submitted by HAMBLEN DESIGN SERVICES, INC. for properties SOUTH OF 1297 E. FARMERS RD. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.28 acres. The request is to rezone the properties to RSF-7, RESIDENTIAL SINGLE FAMILY, 7 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN 16-5474 to the City Council with a recommendation of approval, based on the findings herein. BACKGROUND: The proposed rezoning request is for approximately 1.28 acres on Farmers Drive, a small residential neighborhood north of Finger Park. The property is currently within the R-A and RSF- 4 zoning districts. The property to be rezoned contains 3 undeveloped parcels. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning RSF-4, Residential Single-family/ R-A, Residential North Residential A ricultural South Residential RSF-4, Residential Single-family/ R-A, Residential Agricultural East Residential L RSF-4, Residential Single-family R-A, Residential Agricultural/C-2 Thoroughfare West Wal-mart superstore Commercial Request: The request is to rezone the subject parcels (approximately 1.28 acres) from R-A and RSF-4 to RSF-7 in order prepare the parcel for development. Public Comment: Staff has received no public comment. Mannmg ommission Mailing Address: July 11, 2016 113 W. Mountain Street www.fayettevilleA��g8yItem 8 Fayetteville, AR 72701 16-5474 Hale Page 1 of 13 INFRASTRUCTURE: Streets: Any additional improvements or requirements for drainage would be determined at time of development. No portion of this parcel lies within the FEMA designated 100-yr floodplain. No protected streams flow through these parcels and no part of these parcels lies within the HHOD. Water: Public water is available to the site. A 2.25" water main runs along the western edge of the Farmers Drive right of way adjacent to the frontage of these parcels. Sewer: Public sewer is available to the site. A 6" sewer main runs along the eastern edge of the Farmers Drive right of way adjacent to the frontage of these parcels. Drainage: The subject parcels have access to Farmers Drive, an improved public street with asphalt, curb/gutter, sidewalk on one side, and no storm drainage. Any further street improvements would be determined at time of development. Fire: The Fire Department did not express any concerns with this request. Police: The Police Department did not express any concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the properties within the proposed rezone as Urban Center Area. Urban Center Areas contain the most intense and dense development patterns within the City, as well as the tallest and greatest variety of buildings. They accommodate rowhouses, apartments, local and regional retail, including large-scale stores, hotels, clean tech industry and entertainment uses. These areas are typified by their location adjacent to major thoroughfares with high visibility, usually automobile -dependent customers and large areas dedicated to parking. Although Urban Center Areas recognize the conventional big -box and strip retail centers developed along major arterials, it is expected that vacant properties will be developed into traditional mixed -use centers, allowing people to live, work and shop in the same areas. Additionally, infill of existing development centers should be strongly encouraged, since there is greater return for properties already served by public infrastructure. FINDINGS OF THE STAFF 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: Land Use Compatibility: The proposed zoning is compatible with surrounding land use patterns in this area, which contains a mixture of older single and two-family homes. A Wal-mart supercenter occupies a large parcel to the west. The proposed zoning would allow the land owner to develop single-family homes on lots of 60 feet in width. Land Use Plan Analysis: The proposed zoning is fully consistent with the Future Land Use Map (FLUM) of the City Plan 2030, in which infill of existing development centers is strongly encouraged for properties already served by public infrastructure. Planning Commission July 11, 2016 G:\ETC\Development Services Review\2016\Development Review\16-5474 RZN S. of 1297 Farmers Dr. Agenda Item 8 (Hale) 558\03 Planning Commission\07-11-2016\Comments and Redlines 16-5474 Hale Page 2 of 13 The goals of City Plan 2030 include making the traditional town form the standard. The RSF-7 zoning district encourages a residential development pattern which is slightly denser than the common RSF-4 zone, but remains recognizably suburban. The future land use plan could support a far more compact and dense development pattern, but in this case the 7 unit per acre limit is compatible with surrounding land use and configuration of the subject property lines. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning will encourage appropriate residential development on these parcels, a large portion of which fronts on a public street but is undevelopable due to a lack of access to City water facilities. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Traffic danger and congestion is not expected to increase appreciably. The rezone would allow an additional two single-family homes to be developed on the 1.28 acre property. 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: Rezoning the property from R-A and RSF-4 to RSF-7 would allow the construction of a single-family home to be developed on the lot with East Farmers Drive lot while reserving frontage for two existing non -conforming lots in the rear of the property. The rezone request is not likely to undesirably increase load on public services. 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 RECOMMENDATION: Staff recommends forwarding RZN 16-5474 to the City Council with a recommendation of approval, based on the findings discussed throughout this report. BUDGET/STAFF IMPACT: None Planning Commission July 11, 2016 G:\ETC\Development Services Review\2016\Development Review\16-5474 RZN S of 1297 Farmers Dr Agenda Item 8 (Hale) 558\03 Planning Commission\07-11-2016\Comments and Redlines 16-5474 Hale Page 3 of 13 Attachments: ■ Unified Development Code sections 161.03, 161.07, & 161.08 • Engineering Comments ■ Request letter ■ Rezone exhibit ■ One Mile Map, Close -Up Map, Current Land Use Map, Future Land Use Map PLANNING COMMISSION ACTION: Required YES Date: July 11, 2016 ❑ Tabled M Forwarded Motion: AUTRY (Second: BROWN I Vote: 9-0-0 CITY COUNCIL ACTION: Required YES Date: August 2, 2016 ❑ Approved ❑ Denied ❑ Denied Planning Commission July 11, 2016 G:\ETC\Development Services Review\2016\Development Review\16-5474 RZN S, of 1297 Farmers Dr. Agenda Item 8 (Hale) 558\03 Planning Commission\07-11-2016\Comments and Redlines 16-5474 Hale Page 4 of 13 161.03 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 dwellin s Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boardin2 and training (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, lar a sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density Units per acre One-half (D) Bulk and area regulations. Lot width minimum 200 ft Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres E) Setback requirements. Front Side Rear 35 fi. 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. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160 030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No 4178, 8-31-99; Ord 5028, 6-19-07; Ord. 5128, 4- 15-08; Ord. 5195, 11-6-08; Ord. 5238, 5-5-09; Ord 5479, 2- 7-12) Planning Commission July 11, 2016 Agenda Item 8 16-5474 Hale Page 5 of 13 161.07 District RSF-4, Residential Single - Family — Four Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (13) Uses (1) Permitted uses. Unit 1 City- ide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings HE� (2) Conditional uses. Unit 2 City-wide uses by conditional use ermit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development (C) Density. Single-family dwellin s Two-family dwellin s Units per acre 4 or less 7 or less (D) Bulk and area regulations Single-family Two-family dwellings dwellings Lot minimum 70 ft. 80 ft. width Lot area minimum 8,000 sq ft 12,000 sq -ft- Land area per 8,000 sq ft 6,000 sq. ft dwelling unit Hillside Overlay 60 ft. 70 ft District Lot minimum width Hillside Overlay 8,000 sq ft 12,000 sq -ft. District Lot area minimum Land area per 8,000 sq. ft 6,000 sq. ft dwellin unit (E) Setback requirements. 11 Front I Side I Rear 15ft 5ft. 15ft. (F) Building height regulations Buildin Hei ht 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) (G) Building area On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, §160 031; Ord. No 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4858, 4-18-06; Ord. 5028, 6- 19-07; Ord. 5128, 4-15-08; Ord 5224, 3-3-09; Ord. 5312, 4- 20-10; Ord. 5462, 12-6-11) Planning Commission July 11, 2016 Agenda Item 8 16-5474 Hale Page 6 of 13 161.08 District RSF-7, Residential Single - Family — Seven Units Per Acre (A) Purpose The RSF-7 Residential District is designed to permit and encourage the development of detached dwellings in suitable environments. (B) Uses (1) Permitted uses Unit 1 _ City-wide uses by right Unit 8 Single-family dwellings Unit 41 1 Accessory dwellings (2) Conditional uses. Unit 2 Cit -wide uses by conditional use permit Unit 3 Public 2rotection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development (C) Density. Single-family dwelling units per 7 or less acre (D) Bulk and area regulations (E) Lot width minimum. Single-family 60 ft. Two-family 60 ft. Townhouse, no more 30 ft. than two attached (F) Lot area minimum. Single-family 6,000 s . ft. Two-family 6.000 s . ft. Townhouse, no more 3,000 sq. ft. than two attached (G) Land area per dwelling unit Single-family 6,000 s . ft. Two-family 3,000 s . ft. Townhouse, no more 3,000 sq. ft. than two attached (H) Setback requirements. Front Side Rear 15ft. 5ft, 15ft (1) Building height regulations. 13a}ildin Height Maximum 145 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). (J) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area (Code 1991, §160.046; Ord. No. 3792, §4, 5-17-94; Ord. No 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4858, 4-18-06; Ord. 5028, 6-19-07; Ord. 5128, 4-15-08; Ord. 5224, 3-3-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6-11) Planning Commission July 11, 2016 Agenda Item 8 16-5474 Hale Page 7 of 13 The Curry "Mac" Hale Living Trust Rezoning R-A to RSF-7 Parcels: 765-14717-000, 765-14714-001, 765-14745-000 The subject property is three adjacent parcels owned by the Curry M. Hale Living Trust. No sales are pending at this time. The family wishes to rezone the property to increase its future value. Several nearby properties are zoned RSF-4, RT-12, RMF-24, RSF-7 as well as C-2 to the west (Walmart Supercenter on MLK). No adverse effect is anticipated if the rezoning is approved. A 2.25" waterline is on the east side of the parcels as well as a 6" sewer line. After speaking with staff, it is our understanding that an RSF-7 zoning in this location would be in keeping with the Future Land Use Plan. The trust wishes to make the property a valuable asset for the future, and therefore requests the rezoning at this time. No appreciable increases in traffic or population density are anticipated. The present zoning is R-A, and the surrounding areas are commercial or high/medium density residential. An agricultural use in this location is somewhat impractical. Planning Commission July 11, 2016 Agenda Item 8 16-5474 Hale Page 8 of 13 S88'54'42"E 144.60 w N04`25'36"WLO N 28.32 r) - o N04°14'07"W o/ N89°14'37"E 61.73 155.98 w O N O O 00 O 00 3.78 0� 161.07 JN03`23'24"W S89'13' 51 "W NO3'52'11 "W � 24.48 Ln CD NO3`19'44"W o N 41.56 00 0 N01 °52'56"W 43.55 '14'37"W rn 765.33 `f 0 NO2'47' 8"W N01`05'S1"W 42.54 51.17 Scale: 1 "=60' w 0 0 30 60 NO3°17'57"W Ln co 42.92 BAR SCALE N N O N04`26'17"W 25.31 N09'54'52"W 11.20 N18`35'41 "W 14.07 N 26°24'05"W 8.63 N36°15'14"W 4.77 N45°46'29"W 3.63 N 52'21'48"W 10.67 N77`27'27"W 35.10 Planning Commission July 11, 2016 Agenda Item 8 16-5474 Hale Page 9 of 13 Agenda Item 8 16-5474 Hale Page 10 of 13 RZN 16-5474 HALE Current Land Use y� NORTH IVATE 2 . i 00 Subject Property ' rSingle Family . Two-Fariiy ±. PRIVATE 2G63 r iIr1-lart '� +:' - 1 -- � -+I �,- fiF11111f1i11 !li 11'�I,t�Gt 2'- n x: r ^ F".^,#t'o•P771 Finger Park Legend Streets Existing MSP Class "memo PRINCIPAL ARTERIAL 11111 Traa(PropOSed) Feet RMS-547a z : elanningArea0 75 150 300 450 600 L W rayenayale City Limas L DesNgn 0.eflay RIslnct Planning Con mission r 1, 2016 Agenda Item 8 16-5474 Hale Page 11 of 13 Agenda Item 8 16-5474 Hale Page 12 ❑f 13 Agenda Item 8 16-5474 Hale Page 13 of 13 CITY OF FAYETTEVILLE, ARKANSAS REZONING FOR STAFF USE ONLY FEE: $325.00 Date Application Submitted. Sign Fee: $5.00 Date Accepted as Complete: S-T-R: Case /Appeal Number: PP#: Public Hearing Date: Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished. Application: Indicate one contact person for this request: Applicant (person making request): Name: Curry M. Hale Address: 8907 Southridge Dr., Ft. Smith, AR 72908 E-mail: n/a Phone: ( 479 )650-4165 Fax: ( ) n/a Applicant X Representative Representative (engineer, surveyor, realtor, etc.): Name: Kellye Hamblen; Hamblen Design Services Address: 102 N. Double Springs Rd. Farmington, AR 72730 E-mail: hamblendesienservicesnu?gmail.com Phone: ( 479 ) 36-0 7 Fax: ) n/a Site Address / Location: Between W. Farmers Dr. and E. Farmers Dr. South of 1297 E. Farmers Dr. and North of 1389 E. Farmers Dr. Current Zoning District: R-A; RSF-4 Requested Zoning District: RSF-7 Assessor's Parcel Number(s) for subject property: 765-14717-000; 765-14717-001; 765-14745-000 FINANCIAL INTERESTS The fol lowing entities and / or people have financial interest in this project: Cwny M. Hale Living Trust Alarch 2014 Page I APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination; or approval. I understand that the City might not approve what I am applying for, or might set conditions on approval. Name (printed): bate: Signature: PROPERTY OWNER(S) /AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. (If signed by the authorized agent, a letter from each property owner must be provided indicating that the agent is authorized to act on his/her behalf.) Property Owners of Record (attach additional info if necessary): Name (printed): Signature: Date: Name Signature: Date: Address: Phone: Address: Phone: Rezoning Checklist: Attach the following items to this application: (1) Payment in full of applicable fees for processing the application: $325.00 application fee $5.00 public notification sign fee (2) A legal description of the property to be rezoned. A survey may be required if the property description can not accurately be platted or if it is described by referring to other deeds. (3) CD containing a copy of the legal description in MS Word and all required submittal items should be also included on the CD in PDF format. (4) A copy of the county parcel map from the Washington County Assessor's office or from the Washington County website (www.co. wash in on.ar.us). The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel number for every adjacent property shall be shown on this map. March 2014 Page 2 (5) A written description of this request addressing the following items: a. Current ownership information and any proposed or pending property sales. b. Reason (need) for requesting the zoning change. C. Statement of how the proposed rezoning will relate to surrounding properties in terms of land use, traffic, appearance, and signage. d. Availability of water and sewer (state size of lines). This information is available from the City Engineering Division. e. The degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. f. Whether the proposed zoning is justified and/or needed at the time of the request. g. Whether the proposed zoning will create or appreciably increase traffic danger and congestion. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification. (6) The applicant is responsible for meeting the public notification requirements for a Rezoning listed on the Notification Requirements pages in this application. Notice: Resources including current zoning regulations, City Plan 2030, Future Land Use Plan, Master Street Plan and Zoning maps are available for review on our website, »Al« acceSNrincttevil_Ic.«t-=_, and in the Planning Office. All applicants should meet with a staff Planner prior to completing a Rezoning application. Mach 2014 Poge 3 NORTHWESTARKANsAs Democrat If axette �,.. a � I L �. .. ";� �..' 6 700 • `=tom . s' WV * . A . ., _.TA AFFIDAVIT OF PUBLICATION -I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 5896 Was inserted in the Regular Edition on: August 25, 2016 Publication Charges $ 72.80 �� W4 Qathy Wilesi Subscribed and sworn to before me This ?4 day of. , 2016. N�taryublic pAV4'��,� My Commission Expires:Ll.�:��1%�?Noj�ROOp� " #.� 2401319ry : Q 111 9s �L�es 1012 . J� �, y�"'G TON `,*NOTE** �'�f 1711i01,, Please do not pay from Affidavit. Invoice will be sent. Ordinance: 5896 File Number: 2016-0351 RZN 16-5474 (SOUTH OF 1297 E. FARMERS RD./HALE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5474 FOR APPROXIMATELY 1.28 ACRES LOCATED SOUTH OF 1297 EAST FARMERS ROAD FROM R-A, RESIDENTIAL AGRICULTURAL AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF- 7, RESIDENTIAL SINGLE FAMILY, 7 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-A, Residential Agricultural and RSF-4, Residential Single Family, 4 Units Per Acre to RSF-7, Residential Single Family, 7 Units Per Acre. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 8/16/2016 Approved: Attest: Lioneld Jordan, Mayor Sondra E. Smith, City Clerk Treasurer 73821943 Aug. 25, 2016