HomeMy WebLinkAboutORDINANCE 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
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N
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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
.
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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
