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HomeMy WebLinkAboutORDINANCE 6040113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6040 File Number: 2018-0090 RZN 2018-0090 (CITY OF FARMINGTON, RED CANYON DEVELOPMENT, LLC): AN ORDINANCE TO APPROVE THE CITY OF FARMINGTON'S REZONING OF THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 2018-0090 FOR APPROXIMATELY 126.03 ACRES LOCATED AT DOUBLE SPRINGS ROAD FROM A-1, AGRICULTURE DISTRICT TO R-1, SINGLE FAMILY RESIDENTIAL 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 approves the City of Farmington's Rezoning of that property described in rezoning petition RZN 2018-0090 for approximately 126.03 acres located at Double Springs Road from A-1, Agriculture District to R-1, Single Family Residential because this rezoning is compatible to and will not adversely impact the adjoining property within our corporate limits. PASSED and APPROVED on 2/20/2018 Page 1 Attest: --ALLI�ZW (f 4W. -A Sondra E. Smith, City Clerk TreasuririlllltY11ill 0 r" + ' r + ■� r�Z1.. 71C� •yCrti$ ,��'r45 «.. • . t. ?w Printed on 2121118 2018-0090 EXHIBIT 'A' (pg. 1 of 3) ORDINANCE NO. 2018-01 AN ORDINANCE REZONING PROPERTY ON DOUBLE SPRINGS ROAD CONTAINING APPROXIMATELY 126.03 ACRES f FROM A-1, AGRICULTURE DISTRICT TO R-1, SINGLE-FAMILY RESIDENTIAL AS REQUESTED BY RED CANYON DEVELOPMENT, LLC. WHEREAS, the City of Farmington, Arkansas amended its official zoning and zoning map by Ordinance 2011-02 on March 14, 2011, which was filed for record in the Office of the Circuit Clerk and Ex - Officio Recorder for Washington County, Arkansas in File 2011- 00017652; and WHEREAS, certain property belonging to Red Canyon Development, LLC. is zoned A-1, Agriculture District; and WHEREAS, after a public hearing on December 18, 2017, the Farmington Planning Commission voted during a regular meeting to rezone the property from A-1, Agriculture District to R-1, Single Family Residential.. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FARMINGTON, ARKANSAS: SECTION 1. That the zone classification of the following described property is hereby changed as follows: From A-1 Agriculture District, to R-1 Single Family Residential, for the real property described in Exhibit "A", which is attached hereto and made a part hereof. SECTION 2. That the official zoning map of the City of Farmington, Arkansas, is hereby amended to reflect the zoning change provided in section 1 above. Section 3. Emergency Clause. That the City Council of the City of Farmington, Arkansas further determines that it is necessary to enact this ordinance without delay; therefore, an emergency is hereby declared to exist and this ordinance shall be in full force 2018-0090 EXHIBIT 'A' (pg. 2 of 3) and effect from and after its passage and approval.. PASSED, APPROVED AND IN EFFECT this 8th day of January, 2018. APPROVED: Ernie Penn, Mayor ATTEST: Kelly Penn,()City Clerk 2018-0090 EXHIBIT 'A' (pg. 3 of 3J Exhibit A Commencing at the SW Corner of said SW114, SEI/4 of Section 15,T -18-N, R -31-W, thence N88048'02"W 197.28 feet to the POINT OF BEGINNING, thence N42023107"W 1,629.86 feet, thence N0101346"E 1,456.41 feet, thence S8904 1'28"E 1,327.99 feet, thence S89°10'19"E 1,321.57 feet, thence S01027'04"W 1,126.81 feet, thence N87036'15"W 463.25 feet, thence S03°07'21"W 1,292.65 feet, thence S6702210911W 148.32 feet, thence S00022'09"E 193.40 feet, thence N89107'20"W 294.91 feet, thence N00°51'45"E 144.66 feet, thence N8901 1'35"W 591.11 feet, thence S00017'59"W 142.88 feet to the POINT OF BEGINNING, Containing 126.02 acres, more or less, subject to easements and right of ways of record. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0090 Agenda Date: 2/20/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 4 RZN 2018-0090 (CITY OF FARMINGTON, RED CANYON DEVELOPMENT, LLC): AN ORDINANCE TO APPROVE THE CITY OF FARMINGTON'S REZONING OF THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 2018-0090 FOR APPROXIMATELY 126.03 ACRES LOCATED AT DOUBLE SPRINGS ROAD FROM A-1, AGRICULTURE DISTRICT TO R-1, SINGLE FAMILY RESIDENTIAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I. That the City Council of the City of Fayetteville, Arkansas hereby approves the City of Farmington's Rezoning of that property described in rezoning petition RZN 2018-0090 for approximately 126.03 acres located at Double Springs Road from A-1, Agriculture District to R-1, Single Family Residential because this rezoning is compatible to and will not adversely impact the adjoining property within our corporate limits. City of Fayetteville, Arkansas Page 1 Printed on 2121/2018 W. --- ........... ........... ........... ....... ..... .. ................ .. .. ........ . ... ... ...... ...... ...... . ........ ------- - ...... . .. ... ...... ........... ..... ... ......... ... ........ ... ... ................. . ... ...... ........ ...... ... ... ...... ........ ... ... . ------- ... ... ... ...... ... ... ... ...... ... .. ... ........ .. ....... .... ...... ........... ...... m-- .. ... ------ ...... ... ..... . . ........ ...... ....... ...... ...... ... ........... ... ... ..... .... ... ........ ...... ... ... ... . ... ... ... ... ........ ...... ... ... ...... .. ... ...... ...... ...... ...... ... ... .............. ... .... ......... ........ ........... v m 0 W W Garner Stoll Submitted By City of Fayetteville Staff Review Form 2018-0090 Legistar File ID 2/20/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/26/2018 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: 2018-0090: Rezone (City of Farmington, Red Canyon Development, LLC): Submitted by the City of Farmington on behalf of Red Canyon Development, LLC. for property on Double Spring Road, adjacent to the city limits of Fayetteville. The property is zoned A-1, Agriculture District and contains approximately 126.03 acres. The request is to rezone the properties to R-1, Single Family Residential. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ - Current Balance $ - Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ - V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: V49F CITY COUNCIL AGENDA MEMO FAYETTEVI ,.LE ARKANSAS MEETING OF FEBRUARY 20, 2018 TO: Mayor; Fayetteville City Council THRU: Garner Stoll, Development Services Director FROM: Andrew Garner, City Planning Director DATE: January 31, 2018 SUBJECT: 2018-0090: Rezone (City of Farmington, Red Canyon Development, LLC): Submitted by the City of Farmington on behalf of Red Canyon Development, LLC. for property on Double Spring Road, adjacent to the city limits of Fayetteville. The property is zoned A-1, Agriculture District and contains approximately 126.03 acres. The request is to rezone the properties to R-1, Single Family Residential. RECOMMENDATION: Staff recommends that rezoning the subject property in the City of Farmington to R-1, Single Family Residential as shown in the attached Exhibits 'A' and 'B' will not adversely impact the adjoining land uses in the City of Fayetteville. BACKGROUND: The subject property is in the City of Farmington on the west side of Double Springs Road, north of Goose Creek. The Fayetteville City limits are located across Double Springs Road to the east. The site is primarily cleared pasture with isolated areas of woodlands. The property contains approximately 126.03 acres, and is zoned A-1, Agriculture. The site is surrounded by agricultural land and low density rural residential uses with a small portion of the site bordered by a residential neighborhood to the north. Request: On January 8, 2018, the City of Farmington City Council passed an ordinance to rezone the property to R-1, Single Family Residential as shown on Exhibits 'A' and 'B'. The R-1 proposal is a single-family zoning district with a minimum lot size of 10,000 sq. ft. The rezoning will not be officially enacted unless the Fayetteville City Council adopts a resolution agreeing that the rezoning will not adversely impact the adjoining land uses in Fayetteville. This resolution is required pursuant to Arkansas Code Annotated §14-56.306(b). Land Use Compatibility: The proposed zoning is compatible with the land uses in Fayetteville adjacent to the east which are zoned RSF-1 and RSF-2, Residential Single Family 1 and 2 -units per acre with a variety of low density parcel sizes and a new residential subdivision under development. The proposed R-1 zoning district would allow the subject property to be developed for a residential subdivision with 10,000 sq. ft. lots. While this lot size is smaller than that allowed Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 across Double Springs Road in Fayetteville, the land uses would be compatible with the rural residential character in Fayetteville. DISCUSSION: On December 18, 2017, the Farmington Planning Commission forwarded the proposal to City Council with a unanimous recommendation for approval. On January 8, 2018, the Farmington City Council approved the zoning request. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A, City of Farmington Ordinance • Exhibit B, Survey of Rezoning Area • Farmington City Council Packet ■ City of Farmington Planning Commission meeting minutes • Arkansas Code Annotated § 14-56.306 • City of Farmington R-1 Zoning Code • City of Farmington Zoning Map • City of Farmington Future Land Use Map • City of Fayetteville Maps 2018-0090 EXHIBIT 'A' (pg. 1 of 3) ORDINANCE NO. 2018-01 AN ORDINANCE REZONING PROPERTY ON DOUBLE SPRINGS ROAD CONTAINING APPROXIMATELY 126.03 ACRES f FROM A-1, AGRICULTURE DISTRICT TO R-1, SINGLE-FAMILY RESIDENTIAL AS REQUESTED BY RED CANYON DEVELOPMENT, LLC. WHEREAS, the City of Farmington, Arkansas amended its official zoning and zoning map by Ordinance 2011-02 on March 14, 2011, which was filed for record in the Office of the Circuit Clerk and Ex - Officio Recorder for Washington County, Arkansas in File 2011-- 00017652; and WHEREAS, certain property belonging to Red Canyon Development, LLC, is zoned A-1, Agriculture District; and WHEREAS, after a public hearing on December 18, 2017, the Farmington Planning Commission voted during a regular meeting to rezone the property from A-1, Agriculture District to R-1, Single Family Residential. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FARMINGTON, ARKANSAS: SECTION 1. That the zone classification of the following described property is hereby changed as follows: From A-1 Agriculture District, to R-1 Single Family Residential, for the real property described in Exhibit "A", which is attached hereto and made a part hereof. SECTION 2. That the official zoning map of the City of Farmington, Arkansas, is hereby amended to reflect the zoning change provided in section 1 above. Section 3. Emergency Clause. That the City Council of the City of Farmington, Arkansas further determines that it is necessary to enact this ordinance without delay; therefore, an emergency is hereby declared to exist and this ordinance shall be in full force 2018-0090 EXHIBIT 'A' (pg. 2 of 3) and effect from and after its passage and approval. PASSED, APPROVED AND IN EFFECT this 8th day of January, 2018. APPROVED: y: Ernie Penn, Mayor ATTEST: E lu�4 Kelly Penn, ity Clerk 2018-0090 EXHIBIT 'A' (pp. 3 of 3) (Exhibit A Commencing at the SW Corner of said SW1/4, SE1A of Section 15, T -18-N, R -31-W, thence N88048'02"W 197.28 feet to the POINT OF BEGINNING, thence N42023'07"W 1,629.86 feet, thence N01 013'46"E 1,456.41 feet, thence S89°41'28"E 1,327.99 feet, thence S89010'19"E 1,321.57 feet, thence S01 027'04"W 1,126.81 feet, thence N87°36'15"W 463.25 feet, thence S03007'21"W 1,292.65 feet, thence S67022'09"W 148.32 feet, thence S00022'09"E 193.40 feet, thence N89°07'20"W 294.91 feet, thence N00051'45"E 144.66 feet, thence N89'1 1'35"W 591.11 feet, thence S0001 7'59"W 142.88 feet to the POINT OF BEGINNING, Containing 126.02 acres, more or less, subject to easements and right of ways of record. N 3 S N 3 9 d o r 2018-0090 EXHIBIT 'B' Mad ONINO79M I/ w x on ll a g I g, Rio 9MN Ogg qki F Ria i h ORR I sill I/ w x on 124etSuleDrlve,Suite5 „ORGENSEN raverrevile.Ar 7z7o.5 + ASSOCIATES FFax:479,58z 4807 7 l January 2, 2018 City of Farmington P.O. Box 150 Farmington, AR ATTN: Melissa McCarville RE: Project on Double Springs Road As you know, we have been working on the rezoning for 126 acres on the west side of Double Springs Road owned by Red Canyon LLC. This request was approved by the Planning Commission on December 18 and will go to the City Council. The developer is also asking if the City of Farmington will help share the cost of the offsite sewer to get to this property. This offsite sewer is about 1220' long and will run to the new pump station on Double Springs Road. The required size of this offsite sewer is 15" to allow for future growth. All we need is an 8" for our development. This 1220' of offsite will serve multiple tracts of property. The preliminary cost estimate for this offsite sewer is $240,000 and our request is for the City of Farmington to pay half of this cost or $120,000, The benefit to the City is that for each household that connects to this sewer the City will receive $35.00 per month. 2.5 people per household n 100 gal, per person per day = 2500 GPP =7500 GP month @ $4.66/1000 gal = $35/month 300 households Cil $35/month $10,500/month 5o for this Red Canyon project alone this could arnount to $10,500 per month. In addition, future development will help pay for this pump station. It is customary for other cities to cost share in similar situations. We can prepare a contract that states terms and conditions. The City will not pay anything until the line is installed, tested and improved, The developer will pay the contractor and the City will reimburse their amount after completlon of the line. The work on this line will not be started until the preliminary plat and the construction pians are approved by the Health Department and the City of Farmington. Your consideration of this cost share is greatly appreciated. Thank you, David L Jorgensen, P.E. " JORGENSEN + AI SSO .IA SES w; , 1., . , RIGGINS DEVELOPMENT (RED CANYON) ON DOUBLE SPRINGS ROAD OFFSITE SEWER PRELIMINARY 0057 ESTIMATE DECEMBER 2017 1. 1220' 1S" PVC @ $70/LF. 2. 8 Manholes @ $3,000/EA 3. 2 Street Bores @ $15,000 4, 2 Creek Crossings @ $5,000 5. Erosion Control 6. Clean/Test 7. Bond 8. Rock 300 CY @ $200 9. Engineering/Surveying/Construction Staking TOTAL *For 8" SS 1220' 8" @ $40/LF. 124 W Sunbrid9e Drive, Suite 5 FayeCLeVille, Art 72703 Office: 479.442.9127 Fax: 479 .582,4807 j..1: , .. Cost Difference -is $ 6,600 Less (fi $ 85,400 $ 24,000 $ 30,000 $ 10,000 $ 5,000 $ 3,000 $ 3,000 60,000 $ 20,000 $ 240,000 $ 48,800 N W, � E S 760-02358-000 IF,b-0�3Gf1�dQ Y `�. N� � •- ----- ` rrr PROPOSED.M. nzlz.. QFFSiT SEWER 1EA IS T STATION �7 n �. r 0 Planning Commission Minutes December 18, 2017 1. ROLL CALL — Meeting was called to order by Chairman Robert Mann. A quorum was present. PRESENT ABSENT Howard Carter Bobby Wilson Jay Moore Matt Hutcherson Toni Bahn City Employees Present: Melissa McCarville, City Robert Mann, Chair Business Manager; Rick Brammall, City Inspector; Gerry Harris Steve Tennant, City Attorney; Chris Brackett, City Judy Horne Engineer 2. Approval of Minutes: November 27, 2017 Minutes were approved as corrected. (A statement made at that meeting was incorrect information and correct information was mentioned at this meeting.) 3. Comments from Citizens: No comments by citizens. 4. Approval of 2018 Schedule of Farmington Planning Commission meetings/submission deadlines After review, the proposed 2018 Schedule was approved unanimously. PUBLIC HEARING 5A. Variance Request from Front Setback Requirements at 246 E. Anabranch Court (Lot 5) by Alberta Investments, LLC Jessie Fulcher was present and stated that this is one of two remaining lots in this multi -family zoned property just off Alberta Street where the company wishes to build duplexes. However, the lots are irregular size because they are on a cul-de-sac. Also, because the lots are adjacent to an electric power transmission line and substation and also a natural gas transmission line, the utilities easements take up 35% of the land. Development of any structure is prohibited within 100 feet of the electric utility lines. Therefore, in order to build on this Lot 5, the company must have variance from the City's front setback requirement of 4.60 feet for a width of approximately 6 feet. Rick Bramall did not think the request would be problematic. Chairman Mann called for question to approve a variance request from front setback requirements at 246 E. Anabranch Court (Lot 5) by Alberta Investments, LLC. Passed unanimously. 56. Variance Request from Front Setback Requirements at 262 E. Anabranch Court (Lot 6) by Alberta Investments, LLC Jessie Fulcher explained that this variance request is needed because Lot 6 is "severally impacted by an existing 80 -foot wide high-pressure gas line easement." He further stated: "The easement eliminates approximately 6,400 square feet of usable area from the property, or about 43% of the property. The easement coupled with a 25 -foot front setback results in 64% of the property being unbuildable. The gas company will not vacate any amount of the existing easement and no structures can be built within the easement." Therefore, Mr. Fulcher asked for a 1.32 foot variance of side setback and approximately 5 feet into the front setback." Judy Horne expressed concern for this lot being so close to the gas transmission line and the high-level electric transmission power utilities. Chairman Mann called for question to approve a variance request from front and side setback requirements at 262 E. Anabranch Court (Lot 5) by Alberta Investments, LLC. Upon vote, Yes: Carter, Moore, Hutcherson, Bahn, Harris. No: Horne. Motion passed 5 — 1. 5C. Rezoning Request for 126.03 Acres on Double Springs Road from A-1 to R-1 (Single - Family Residential), by Red Canyon Development, LLC Dave Jorgensen represented Riggins Construction Company and stated that this property is on the west side of Double Springs Road and south of the Silverthorne subdivision. Public Comment: Michelle Sellers, 297 Double Springs Rd (lives on west side, across street from proposed development.) She requested more information and was told that minimum lot size for R-1 is 10,000 but developer could make lots larger. Phyllis Schein, 546 Goose Creek, asked about possible zoning change and was told it could not be changed, if approved at this meeting. The process of preliminary plat approvals, city engineer scrutiny of plats, and the final plat procedure were reviewed. Chairman Mann called for question to approve rezoning request for property at Double Springs Road from A-1 to R-1 by Red Canyon Development, LLC. Motion passed unanimously. NEW BUSINESS 6A. Preliminary Plat for Hillside Estates located on North Garland McKee, owned by Lots 101, LLC (Tom Sims) property owner Jorge DuQuesne of Blew & Associates, PA, was present to answer questions. Chairman Mann asked Mr. Duquesne if he had seen the memo from City Engineer Chris Brackett. He stated that he had seen the memo. Mr. Brackett's memo follows on the next page: "The Preliminary Plat forth e Hillside Estates has been reviewed and it is our opinion that the Planning Commission's approval should be conditional on the following comments. 1. The owner has come to an agreement in principle with the City to pay money in lieu of the street improvements and detention pond. This money will be used by the City of (sic) make substantial improvements to the drainage capacity under Garland McKee Road. The final cost estimate must be accepted and payment must be paid prior to final plat approval. 2. The fire hydrant locations shown on the plat and the utility plans must be reviewed and approved by the l=ire Department. 3. The water improvements must be reviewed and approved by Washington Water Authority and the Arkansas Department of Health prior to any construction activities." Discussion followed regarding the change in design plan from what had been considered previously. That had been to build a very large detention pond on the land in question. It was explained by Mr. Brackett that upon further study he believed the pond would not help mitigate flooding on Rosebay Drive and it would just be wasted money. He said the problem was that the drainage culverts' capacity is not high enough and that must be resolved for the Rosebay residents to see less floodwater. A long discussion followed with some Commissioners thinking that adding 3 to 4 addition houses would not make that much difference in the amount of runoff going onto Rosebay while others felt that it would have a negative impact. Also, Mr. Brackett was persistently asked about how long the already -approved engineering study would take and after that how long to put the drainage improvements into place. He estimated the study and design would take about 3 months and 4 to 6 months to construct. Final construction would not be finished until long after the spring rainy season. It is estimated the final cost will be at least $500,000 to implement the drainage pian. In addition, it was explained that no matter how the Planning Commission voted at this meeting, Mr. Sims the developer could go ahead and build the homes anyway and the City would not receive his monetary assistance with the project. Matt Hutcherson said that it seemed inappropriate to give precedence to the developer's request to build 3 new homes above the serious flooding problems of existing residents downstream on Rosebay. Some Commissioners felt the agreement with Tom Sims was vague and they wished to know an exact amount that would be paid by Tom Sims. Mr. Sims reminded that he had been willing to donate 8 acres of land and building the detention pond. At this point in the meeting Ms. Toni Bahn had to leave the meeting. Public Comment: Neil Barnes, 11034 Highway 170 (owner of all land south of Rosebay Avenue and south of the creek) was concerned that a new plan will dump water on his farm land. . He stated that he was in construction business and understands the effect of detention ponds. He strongly emphasized that a detention pond within Hillside Estates would work to alleviate flooding. The culvert under Garland McKee was built about 9 or ten years ago and there was no flooding until 5 or 6 years ago. He stated that he had spent quite a bit of money on reinforcing his creek banks with broken up pieces of concrete paving last year. He also stated no one has approached him about buying some of his land. He also wanted to know what downstream improvements will be included in the engineering plan. And finally, he was concerned about how many more lot splits and houses the developer could put on. the property. Tom Sims, developer, said three houses can be built on Garland McKee and there are only two very large lots on the hill east of the house development. Russell Pease, 10047 Rosebay, said these issues have been going on for several years now and now even more has changed since the last meeting on the subject which was July 2017. He urged Commissioners to look at a map to see where the creek flows because he does not believe larger drainage pipe will prevent Rosebay Lane from flooding on an annual basis. He said that he is 72 years old and his formerly $200,000 asset is now worth only the property it sits on. He said others in the neighborhood were in similar circumstances. He also suggested completely closing Rosebay at Garland McKee and engineering drainage to the creek there also. City Engineer Chris Brackett said in the design study, they are looking at the problem of the 90 degree angle of Garland McKee Road. Melissa McCarville added that they are also looking at other options in addition to culvert improvements. Nancy Harris, 11035 Rosebay Lane, was extremely upset, stating she could not sell her house and that she and spouse are 74 and 83 years old. She begged for action and wondered why no one (Commission, City staff, and City Council) will ever listen to the people who live there and yet allow the developer of Hillside Estates to continue building. She said that other home owners have also had to spend large sums of money to repair their homes and there are people in the neighborhood who are now ill as a result of the flooding, Judy Fazenda, 11043 Rosebay Lane said in flooding rains she had seen water up to the pole of the fourth house that Tom Sims is now building. She urged quick action from the City. Dennis Moore, 11750 Garland McKee, said he lives up on the mountain east of the proposed subdivision. Being able to see the flooding, he said it is a major problem and the right angle turn is a problem. He wondered how it could be engineered because Washington Water Authority located at the corner would not sell their land. When Public Comment ended, Chairman Mann encouraged the homeowners to attend the next City Council meeting which will be Monday, January 8, and during the comments section to express these concerns. In final summary it was determined that the engineering design would take 3 months; then the funding request would go to City Council for approval; then it will take about 60 days to bid the project and 4 — 6 months to build it. Further, with regard to this preliminary plat, if approved, then a Final Plat will go to the Plat Review Committee. After that is finalized, then the Final Plat goes to City Council for approval. Also with preliminary plat approval, no ground can be excavated. It was also noted that the developer would have to put in sidewalk on Garland McKee. And it was clarified that if the request by developer is not approved by Planning Commission, the Condition 1. in City Engineer's memo (that developer Tom Sims will pay money to City of Farmington instead of making street improvements and detention pond) would not have to be done by developer Chairman Mann called for question to approve the Preliminary Plat for Hillside Estates located on Garland McKee Road, owned by Lots 101, LLC—Tom Sims, developer, conditional upon developer's meeting the three conditions that were presented in the memo from City Engineer Chris Brackett at this meeting. Upon roll call: Yes - Carter, Moore, Harris, Horne. No — Hutcherson. (Toni Bahn was absent, having left the meeting earlier.) The vote was 4 — 1 and motion passed. 5. Adjournment: Having no further business, meeting was adjourned. Judy Horne - Secretary Robert Mann - Chair LOCAL GOVERNMENT ch shall include , not to exceed block. part of the pro - lies, so that the iperty owners in lese lots by the lance, when duly ante. The owner ction, be fined in 5.00) and not to For the continued & M. Dig., §§ 7687- 19-2808 — 19-2810. Exceptions. gyve laid off zones, 3truct or carry on luthorized by the 3less with special the city, or by the purpose of tall be made, in! or good cause. property owners 3urts of chancery ition by reason of within the zone. Pope's Dig., § ,f the state to legislate fro and is not violative tus, 169 Ark. 244, 275 fiction, constituting an an.aggriew pToporty rision is made tharefuT .ock v. Pfeifer, 169 Ark ,dwell v. M & N Mobile' 996)Limited byCity of 664 (1981)Questioned d 509 (Ark 1972). eal the rezoning deci- ancery or circuit court i this subject. City of N.2d 10 (1979). g classifications, it is Dject to review by the ze courts is simply to 742 determine whether or not the action of the municipality is arbitrary. City of Conway v. Housing Auth., 266 Ark. 404, 584 S.W.2d 10 (1979). Itxeeptions for Good Cause. Rc,ssdentially zoned property which happened to be adjacent to ei nablhAod basinesa zoned property was not automatically entitled to rezoning as business property as a matter of law where owner's mquested rezoning was first attempt to invnde far husirteas purposes s residential zona. Saldridge v. city of N. 1,i+:tle Reek, 258 Ark. 246, 523 3 2d 912 (1975). Residential property which is acljnreni to business zoned property io nut autoreaticnlly einided to rezooing as business property, and this fact is woven though the highest and heat use of the property might W other than residential. City of Cmiway v Housing Auth„ 266 Ark. 404, 584 S.W Zd 10 (1979). Nonconforming Usm whon city council passes on ordinance creating a city planning commission, veated with the authority to grant permits for noncon- forming uses. the discharge of those duties by the commission is not repugnant to the council's reserved power to issue building porinits. Peonomy Whale. Co. v. Rodgers, 232 Ark. 635, 340 &Vhi 583 tt9601. A "halfway" house for Chu temporary lodging, counseling, guidance, and employmunt pincement of convicts relontted on pardon or parole or upon complation of their sentences, operated by a nonprofit orgnni e' tion, was not it religious, educationnl, or plillnnthropie institution within the meaning of o city ordinnnu, providing for porncitc For much institutions in residential arena ars nonconforming uses, Ark. Rolean Guidance Found- v. Hummel, 245 Ark. 953, 435 S.W.2d 774 (1969). 14-56-306. Land use in adjacent and contiguous cities to be compatible — Definitions. (a) If municipalities become adjacent and contiguous to one another through armexatinn or other procedures, then lands or properties within the boundary area of each milnicipnlity shall be zoned only for land uses which Are compatible with the coaled land uses of the Awning lands or properties, even if the adjoining lands or properties are located outside the corporate limits or are located within the corporate limits of another municipality. (b) Adjoining lands within the boundary area shall remain zoned with a compatible land use until the governing body of each municipality which is adjacent and contiguous to tilt, boundary area adopts a resolu- tion aigrccirig to a change in the zoning of the lands or prapertiou that adjoin one another and stating that the rezoning to a land use which is not compatible will not adversely impact the adjoined land or property. (c) As used in this section, unless the context other- wiso requires: (1) "Adjacent and contiguous" means any time the corporate limits of one municipality chane in contact with the boundaries of the corporate limits of another municipality, or if the boundaries of one municipality extend to within ane thousand feel. (1000') of the corporate limits of another municipality; (2) "Boundary area" means the area of land along the municipal boundary that is: (A) Inside the municipality and within one thou- sand feet (1000') of the municipality's corporate boundary that is adjacent and contiguous to another municipality; and (B)" Outside the municipality, but within the plan- ning and zoning jurisdiction of the municipality and also within one thousand feet (1000') of the munici- pality's corporate boundary that is adjacent and contiguous to another municipality; 143 BUILDING AND ZONING REGULF (3)(A) "Compatible land Ilse'" means any use of � s lands, buildings, and structures which isbarmornous, being conducted on the 14-56.4113. to the uses and activities adjoining lands and properties and which does not 1d-56.404. adversely affect or unreasonably impact any use or 1,1-56-405. enjoyment of the adjoined land. A (la) A compatible land use includes a land use 144 authorized by the municipal Zoning ordinance for the que zone that is the equivalent to, or that is as nearly 14-56.40'.}. equivalent as possible to, a land use authorized by 14-56410. the municipal zoning ordinance; and 14.56-411. (4) "Municipality" means- A CIO (A) A city of the first class; Not (B) A city of the second class; or I (C) An incorporated, town. (d) This section shall apply to municipalities with Arl planning commissions and zoning ordinances autho- sized under §§ 14-66-401-� 14-56-425 and shall Apply tie Lit to any other municipal zoning regulations authorized. 14-6%410. by 11xkansas law. (e) Notwithstanding anything contained in subsec- Im tions (a) -(d) of this section, this section shall not apP1Y ten to any property if the owners of the ,property have r, sought to have services extended to the property pus he suint to § 14-40-2002 prior to Mauch 30, 2001, re History. Acts 2001, No. 1198, § 1. in `vi Ai CASE NOTES (3 Corapsttihle Use, Circuit court did not err in granting an adjncent city summary judg-meat in n towns action olloging that the adjacent city's rozealing was not compatible with or ecluivolent to those of the adjacent lands in the town as required by this section. By providing ul8iduvita and "Whits. tike 34 -Mont city established a primn facie ease that its roaoning of property from agricultural to utdnrstrinl was n use that wns corapntible with the; zoned uses of thi_. Gown. and thu plaintiff town did not meat praaf with proof. City of 136het Heights v City of€lpringdale, 2017 Ark. App, 81, 634 S W:W .172 (2017). SUBCHAPTER 4 — MUNICIPAL PLANNING 9F:OTION. 14-56-401. Construction - 14 -56-402. Authority generally. 14-56.4113. Purpnsis of plans. 1d-56.404. lilanninF: ronunissien rrented. 1,1-56-405. Appeintaiutnt of mesuhers 1.4-56.406. Commission nlfcars. 14.56.40. Meetingsufcomnfission. 1.1-1%408. Mules and regulations. 14-56.40'.}. Compu--tion of members. 14-56410. Appropriations. 14.56-411. Purpose of rum minion' 14-56-412. Pou+i,ro and duties of commission. 14-56-413. `l)crritnrinl jurisdiction. 14-66-414. Preparation of plans. 14-56-015. Plan recommendations. 14-56-416. 14-56-41.7. Zoning ordinance. Regulations to control development of land. 14-6%410. Setback ordinance.. 14-58-415. Cotslrol of read entry 14-:16.420. Adoption end amendment procedures, 14)56.421. Rnforcemant ofordbnnnees and relanhltions. 14.56422. Adaption of plans, ordinances, rind regulations. 14.56-4'23. Change in plans, etc. 14-56.424. existing plana, etc. 14-56.425. Appeals to circuit court. FARMINGTON ZONING CODE (pg. 1 of 3) conversion of these lands to higher density residential development by application of the zoning standards set forth in this ordinance. Permitted uses include single-family dwellings, churches and cemeteries; field and truck crops, orchards, vineyards, greenhouses, nurseries, landscape gardening; pasture land, livestock and kennels; essential governmental facilities and services, utility facilities such as electric regulating stations or pressure control stations and uses customarily accessory to permitted uses. B. RE -1 Residential Estate District The purpose of this district is to accommodate single- farnily residential development on low density, large estate type lots to provide and preserve a rural environment. Permitted uses include single-family dwelling and accessory building, agriculture, private stable and/or corral, cemetery, golf course (excluding miniature), parks and essential government facilities. Conditional uses include churches and schools, educational facilities; public or private; private parks, public utility and child care family home. C. PSE -2 Residential Estate District The purpose of this district is to accommodate single- family residential development on low density, large estate type lots. This zone is intended to help preserve rural/estate character and provide for rural amenities with the primary residential nature of the zone. Permitted uses include single-family dwelling and accessory building; or agriculture, cemetery, golf course (excluding miniature), private stable and/or corral, parks and essential government facilities. Conditional uses include churches and schools, educational facilities; public or private; private parks, public utility and child care family home. D. R-1 Single -Family Residential. The purpose of this district is to accommodate single- family residential uses on residential lots of at least 10,000 square feet. Permitted uses include single-family detached dwellings and essential governmental facilities and services. Conditional uses include utility facilities such as electric regulating stations or pressure control stations and child care family home. E. R-2 Single -Family Residential This district is intended to principally provide single- family residential use on moderately sized, medium -density lots of at least 7,500 square feet. Permitted uses include single-family detached dwellings and essential governmental facilities and services. 17 FARMINGTON ZONING CODE (pg. 2 of 3) ZONING DISTRICTS 19 A-1 RE -1 RE -2 Single -Family 2 acres 2 acres 1 acre Min. land area per dwelling unit 2 acres 2 acres 1 acre Front setback 35 50 15 Side setback 15 15 10 Rear setback 30 50 20 Lot frontage 200 feet 200 feet 75 feet Duplex NP NP NP Triplex NP NP NP 4 Plex and larger NP NP NP Churches and schools 3 acres 3 acres 3 acres Front setback 50 50 30 Side setback 30 30 25 Rear setback 50 50 25 Lot frontage 200 feet 200 feet 100 feet All other uses 5 acres 5 acres 5 acres Front setback 30* 30 25 Side setback 30* 30 25 Rear setback 30* 30 25 Lot frontage 200 feet 100 feet NP — Not Permitted *all structures involved in agriculture uses shall prove a 50' front side and rear yard. RR=1 R_2 RR=O Single -Family 10,000 ft. 7,500 ft. 7,500 ft. Min. land area per dwelling unit 10,000 ft. 7,500 ft. 7,500 ft. Front setback 25 25 50 Side setback 10 10 20 Rear setback 20 20 30 Lot frontage 75 feet 75 feet 100 feet Duplex NP NP NP 19 Triplex 4 Plex and larger Churches and schools Front setback Side setback Rear setback Lot frontage All other uses Front setback Side setback Rear setback Lot frontage NP — Not Permitted Single -Family Min. land area per dwelling unit Front setback Side setback Rear setback Lot frontage Duplex min. land area Min. land area per dwelling unit Front setback Side setback Rear setback Lot frontage Triplex min. land area Min. land area per dwelling unit Front setback Side setback Rear setback Lot frontage FARMINGTON ZONING CODE (pg. 3 of 3) NP NP 43,560 ft. 30 25 25 100 feet 43,560 ft. 25 25 25 100 ft. 7,500 ft. 7,500 ft. 25 10 20 75 feet 12,000 6,000 25 10 10 75 feet NP 20 NP NP 43,560 ft. 30 25 25 100 feet 43,560 ft. 25 25 25 100 feet MF -2 NP 12,000 6,000 25 10 20 75 feet 18,000 ft. 6,000 ft. 30 15 20 100 feet NP NP WIN NP 43,560 ft 25 25 25 100 feet MHP -1 43,560 min. 4,000 25 25 25 100 feet NP NP Ilu- A-- SAY 33 8 N Itii�n Nl 115... CL 40 3Av" Vs Nis d IVI lel !1'LL .,i s _L Id o� �A advvV14l N 5 -__ - - _, ---_-,- C� Av Q3w 10 s NI Ha190d S FT - .`7 02# SJN IdS lfino(i S s am m"a Y -f 0 ,E .LL .' A N �SON1 dS a' am SNUM CITY OF FAYETTE'JII r �r FARMINGTON FUTURE LAND USE MAP — Lond aee Plon W -y ac a . IM1e Indd -d Ilse • --.g Commbelon ChOp. Oole CITY OF FAYETTE VILLE j x I , jC rt J LL � L E G E N D ' tdrllr ldrl ,�Iicrrtatlivcs.tot Pd 2016 FARMINGTON LAND USE PLAN 411�4 Agricultural -• ! ��-�� � I ar4,]wira� S c?„_ �� Low / Medium Residential �� Medium / High Residential t �.. i � Ne'gborhood Commercial f I� L �.” ,.4,y Highway Commercial — F F a , � .. rj�' ��'.. _,J iGfiWS3Ci� 9 POtt.ett •i�2�tfj Floodplain and Slreomline oe o ess/le/zooe)os ' tdrllr ldrl ,�Iicrrtatlivcs.tot Pd 2016 FARMINGTON LAND USE PLAN 411�4 CITY OF FARMINGTON FARMINGTON, AR 2018-0090 FARMINGTON (RED CANYON, LLC) Current Land Use NORTH r ,� Mfr a i 4� r+*y'...f#":•' : f. t �g ♦ i tL _rt_ 0 PERSIM r- w �y d1+11QN STcl� '� � MESA ST ` • -- �'r" 0 C7 IRISH BEND DOTJIPTON RD---- - ��,: ° Single Family is I ,W rr r'°�I_ ❑ °` Low Density Residential Subject Property a-_ w l _ m Agricultural ° .,_'Mt°:.:..,. r n}❑ 4. r 4 ?i 0❑ SEIWLERS RD rd5` E >+ Cl .ry j i E 'R�Dd U LLI ► i,r->� , .: j Fayeltewlle City Limits Streets Planned MSP Class COLLECTOR Streets Existing MSP claee COLLECTOR MINOR ARTERIAL 9 U It If Trail (Proposed) Planning Area Z K W Agricultural �. r, yy Feet 0 420 840 1,680 2,520 3,360 1 inch = 1,143 feet ,0, L -r x t r � J FEMA Flood Hazard Data lLio-Year Rnodplain Fluodway 2018-0090 Future Land Use Q FARMINGTON (RED CANYON, LLC) Legend A Planning Area t Fayetteville Cit Limits LY Y Shared Use Paved Trail Trail (Proposed) Building Footprint Subject Property I ON NORTH L HAL. R UJ m S LL RS _ 0 Feet 0 700 1,400 2,800 4,200 5,600 1 inch = 2,000 feet FUTURE LAND USE 2030 Natural Area Rural Area Residential Neighborhood Area City Neighborhood Area Civic and Private Open Space/Parks '. Civic Institutional Non -Municipal Government 2018-0090 FARMINGTON (RED CANYON, Close up view U) J Subject Property Lai Legend Hillside -Hilltop Overlay District "_ Planning Area Feet L � _ Fayetteville City Limits 0 600 1,200 2,400 3,600 4,800 Trail (Proposed) 1 inch = 1,667 feet Building Footprint RSF-8 A& NORTH Residential -Agricultural RSF-1 RSF-2 RSF-4 RSF-8 RMF -6 NORTHWEST ARKANSAS Democrat , m& azc#jc 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. 6040 Was inserted in the Regular Edition on: March 1, 2018 Publication Charges: $ 66.30 n77 Cathy Wiles Subscribed and sworn to before me This 28 day of -&4d'' , 2018. ja,�U Zj — Notary Public My Commission Expires: ZI I L) La TAWY RUSHER Notary Public —Arkansas WJeshirgton County Ccmmission 1 12703 i 20 qtyCcmmissicr Expires Feb 12, 2028 **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Ordinance: 6040 File Number: 2018-0090 RZN 2018-0090 (CITY OF FARMINGTON, RED CANYON DEVELOPMENT, LLC): AN ORDINANCE TO APPROVE THE CITY OF FARMINGTON'S REZONING OF THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 2018-0090 FOR APPROXIMA'T'ELY 126.03 ACRES LOCATED AT DOUBLE SPRINGS ROAD FROM A-1, AGRICULTURE DISTRICT TOR -1, SINGLE FAMILY RESIDENTIAL BE IT ORDAINED BY THE: CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the Cip- of Fayetteville, Arkansas hereby approves the City of Farmington s Rezoning of that property described in rezoning petition RZN 2018-0090 for approximately 126.03 acres located at Double Springs Road from A-1, Agriculture District to R-1, Single Family Residential because this rezoning is compatible to and will not adversely impact the adjoining property within our corporate limits. PASSED and APPROVED on 2/20/2018 Approved: Lionetd Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74443207 Mar.1,2018