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:
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Sondra E. Smith, City Clerk TreasuririlllltY11ill
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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
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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'
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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
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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
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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
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,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
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CITY OF FAYETTE'JII
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FARMINGTON FUTURE LAND USE MAP
— Lond aee Plon W -y ac a . IM1e Indd -d Ilse
•
--.g Commbelon ChOp.
Oole
CITY OF FAYETTE VILLE
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2016 FARMINGTON LAND USE PLAN
411�4
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-•
! ��-�� �
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��
Medium / High Residential
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f I� L �.” ,.4,y
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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�
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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
