HomeMy WebLinkAboutORDINANCE 6111113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6111
File Number: 2018-0609
RZN 17-5991 (NORTH OF N. RUPPLE RD./MCFARLAND FAMILY TRUST):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-
5991 FOR APPROXIMATELY 68.65 ACRES LOCATED WEST OF NORTH RUPPLE ROAD FROM R-
A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
ACRE; NC, NEIGHBORHOOD CONSERVATION; AND NS -G, NEIGHBORHOOD SERVICES -
GENERAL
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 to RSF-4,
Residential Single Family, 4 Units per Acre; NC, Neighborhood Conservation; and NS -G, Neighborhood
Services -General.
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 11/8/2018
Page 1
F3f9fP on 1119118
■ EAYETTLVfLI.E
■
RZN 17-5991
Close Up View
LIEA
MCFARLAN❑ FAMILY TRUST 1 17-5991
EXHIBIT'A'
:1 ---------------
Legend
y - - Planning Area
Fayetteville City Limits
Trail (Proposed)
Building Footprint
Feet
0 145 290 580 870 1,160
1 inch = 400 feet
11
1�
II
I=
1
' RSF-4
,A&
NORTH
Zoning Acres
NS -G 4.7
NC 9.5
RSF-4 50.7
Total 64.9
17-5991
EXHIBIT 'B'
DESCRIPTION RSF-4:
PART OF THE E 1/2 OF THE NE 1/4 OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NE 1/4 OF THE NE 1/4 OF SAID SECTION 31;
THENCE ALONG THE NORTH LINE THEREOF N87°08'20"W 660.15 FEET TO THE POINT OF BEGINNING;
THENCE S02°43'44"W 702.20 FEET;
THENCE S87°08'20"E 300.00 FEET;
THENCE S46°50'12"W 543.95 FEET;
THENCE 204.35 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 255.50 FEET AND A LONG
CHORD OF S69°44'57"W 198.95 FEET;
THENCE N87°20'17"W 250.16 FEET;
THENCE S02039'43"W 428.99 FEET;
THENCE S87°20'17"E 250.16 FEET;
THENCE 411.56 FEET ALONG A CURVE TO THE LEFT WITH A RADIUS OF 684.50 FEET AND A LONG CHORD
OF N75°26'14"E 405.39 FEET;
THENCE 59.41 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 100.00 FEET AND A LONG
CHORD OF N75°13'56"E 58.54 FEET;
THENCE S87°44'53"E 395.20 FEET;
THENCE S02°39'43"W 1174.10 FEET;
THENCE N87°25'05"W 1241.44 FEET TO THE WEST LINE OF THE E 1/2 OF THE NE 1/4 OF SAID SECTION
31;
THENCE ALONG SAID WEST LINE NO2°48'50"E 2428.66 FEET;
THENCE LEAVING SAID WEST LINE S87°05'15"E 104.59 FEET;
THENCE NO2°47'54"E 208.99 FEET TO THE NORTH LINE OF THE E 1/2 OF THE NE 1/4 OF SAID SECTION
31;
THENCE ALONG SAID NORTH LINE S87°08'20"E 554.78 FEET TO THE POINT OF BEGINNING, CONTAINING
50.71 ACRES, MORE OR LESS AND SUBJECT TO THE RIGHT-OF-WAY OF WEST WEIR ROAD ALONG THE
NORTH AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT.
DESCRIPTION NC:
PART OF THE E 1/2 OF THE NE 1/4 OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NE 1/4 OF THE NE 1/4 OF SAID SECTION 31;
THENCE ALONG THE NORTH LINE THEREOF N87°08'20"W 358.52 FEET;
THENCE LEAVING SAID NORTH LINE S02°51'40"W 702.20 FEET TO THE POINT OF BEGINNING;
THENCE S87008'20"E 1.90 FEET;
THENCE S02°39'43"W 25.00 FEET;
THENCE S87°08'20"E 185.41 FEET;
THENCE 68.17 FEET ALONG A CURVE TO THE LEFT WITH A RADIUS OF 304.50 FEET AND A LONG CHORD
OF S53°20'49"W 68.03 FEET;
THENCE S46°50'12"W 558.83 FEET;
THENCE S41°44'03"E 165.54 FEET;
THENCE 58.63 FEET ALONG A CURVE TO THE LEFT WITH A RADIUS OF 73.00 FEET AND A LONG CHORD
OF S64°44'28"E 57.06 FEET;
THENCE S87°44'53"E 362.22 FEET;
THENCE S02°39'43"W 149.00 FEET;
THENCE N87°44'53"W 395.20 FEET;
THENCE 59.41 FEET ALONG A CURVE TO THE LEFT WITH A RADIUS OF 100.00 FEET AND A LONG CHORD
OF S75°13'56"W 58.54 FEET;
THENCE 411.56 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 684.50 FEET AND A LONG
CHORD OF S75°26'14"W 405.39 FEET;
THENCE N87°20'17"W 250.16 FEET;
THENCE NO2°39'43"E 428.99 FEET;
THENCE S87°20'17"E 250.16 FEET;
THENCE 204.35 FEET ALONG A CURVE TO THE LEFT WITH A RADIUS OF 255.50 FEET AND A LONG CHORD
OF N69°44'57"E 198.95 FEET;
THENCE N46050'12"E 543.95 FEET TO THE POINT OF BEGINNING, CONTAINING 9.54 ACRES, MORE OR
LESS AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT.
DESCRIPTION NS -G:
PART OF THE E 1/2 OF THE NE 1/4 OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NE 1/4 OF THE NE 1/4 OF SAID SECTION 31;
THENCE ALONG THE NORTH LINE THEREOF N87°08'20"W 82.48 FEET;
THENCE LEAVING SAID NORTH LINE S02°51'40"W 727.2 FEETTO THE POINT OF BEGINNING;
THENCE S02°39'43"W 581.21 FEET;
THENCE N87044'53"W 362.22 FEET;
THENCE 58.63 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 73.00 FEET AND A LONG CHORD
OF N64°44'28"W 57.06 FEET;
THENCE N41°44'03"W 165.54 FEET;
THENCE N46050'12"E 558.83 FEET;
THENCE 68.17 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 304.50 FEET AND A LONG
CHORD OF N53°20'49"E 68.03 FEET;
THENCE S87°08'20"E 88.65 FEET TO THE POINT OF BEGINNING, CONTAINING 4.68 ACRES, MORE OR LESS
AND SUBJECTTO ANY AND ALL EASEMENTS OF RECORD OR FACT.
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2018-0609
Agenda Date: 11/8/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: D. 10
RZN 17-5991 (NORTH OF N. RUPPLE RD./MCFARLAND FAMILY TRUST):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
17-5991 FOR APPROXIMATELY 68.65 ACRES LOCATED WEST OF NORTH RUPPLE ROAD
FROM R -A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE; NC, NEIGHBORHOOD CONSERVATION; AND NS -G, NEIGHBORHOOD
SERVICES -GENERAL
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 to RSF-4, Residential Single Family, 4 Units
per Acre; NC, Neighborhood Conservation; and NS -G, Neighborhood Services -General.
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 11/912018
Garner Stoll
City of Fayetteville Staff Review Form
2018-0609
Legistar File ID
11/8/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/23/2018
Submitted By Submitted Date
Action Recommendation:
CITY PLANNING (630)
Division / Department
RZN 17-5991: Rezone (NORTH OF N. RUPPLE RD./MCFARLAND FAMILY TRUST, 244): Submitted by SWOPE
ENGINEERING, INC. for properties NORTH OF N. RUPPLE RD. The properties are in the FAYETTEVILLE PLANNING
AREA and contain approximately 64.93 acres. The request is to rezone the properties to RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE, NC, NEIGHBORHOOD CONSERVATION, and NS -G, NEIGHBORHOOD SERVICES, GENERAL.
Account Number
Project Number
Budgeted Item? NA
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
SWOPE ENGINEERING
Civil Engineering
3511 SE J Street, Suite 9
Bentonville, AR 72712 479-685-8399
December 11, 2017
Sondra Smith, City Clerk
City of Fayetteville
113 W Mountain Street #302
Fayetteville, AR 72701
479.575.8323
Re: Annexation/Rezone Appeal Request
North Weir Road
Dear Ms. Smith,
Please accept this letter for the referenced appeal. The requested annexation/rezone of the
Weir Road property is a follow-up to the denial recommendation from Planning Commission on
November 27, 2017. We present the following items in support of the appeal.
1. Financial Benefit to City- The city will financially benefit from the annexation and
rezone, due to its ultimate development, in the following ways.
a) Property Tax Revenue- This increased property values, once within the
city limits, will improve collection of property taxes that flow into the city.
b) Donation of Right -of -Way- At Final Plat, the city will take possession of
lands needed for extension of Rupple Road.
2. Additional Benefits- The city will realize the following additional benefits once this
property is annexed, rezoned and developed.
a) Completion of the Mayor's Box- This annexation furthers the growth plan,
supported by the mayor, that promotes "squaring" of the city's boundaries
to reduce islands and peninsulas. This helps to make all portions of the
city contiguous.
b) Better Emergency Response Times- Due to additional streets that
will/must be built with this development (east -west collector to Rupple
Road), the response time will be greatly reduced for this area of town.
c) Conservation Area Preservation- The development will require areas that
preserve the natural habitat that currently exists.
d) Construction of Trails- The development will construct/extend trails to
expand the city's network to this part of town.
Please accept this request to appeal, so that we may present our case to the City Council.
Thank you for your consideration on this appeal request. If you have any questions, or
concerns, please let me know.
Regards,
7
�
Phil R Swope, PE
President
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 8, 2018
TO: Mayor and City Council
THRU: Garner Stoll, Development Services Director
FROM: Jonathan Curth, Senior Planner
Andrew Garner, City Planning Director
DATE: October 23, 2018
CITY COUNCIL MEMO
SUBJECT: RZN 17-5991: Rezone (NORTH OF N. RUPPLE RD./MCFARLAND FAMILY
TRUST, 244): Submitted by SWOPE ENGINEERING, INC. for properties
NORTH OF N. RUPPLE RD. The properties are in the FAYETTEVILLE
PLANNING AREA and contain approximately 64.93 acres. The request is to
rezone the properties to RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
ACRE, NC, NEIGHBORHOOD CONSERVATION, and NS -G, NEIGHBORHOOD
SERVICES, GENERAL.
RECOMMENDATION:
The City Planning staff recommend approval of a request to rezone the the subject property
described and shown in the attached Exhibits 'A' and 'B'. The Planning Commission has denied
the proposal and the applicant has appealed the decision to City Council.
BACKGROUND:
The subject property constitutes approximately 65 acres bordered on the north and west by
unincorporated Washington County land and Fayetteville corporate city limits on the east and
south. The property is developed with two single-family homes, one of which was built in 1916
and the other in 1985. The property has access to both City water and sanitary sewer. Currently,
the zoning designation on the property is Ag/SF Res 1 unit/ac, which allows for agricultural and
single-family uses on lots of no less than one acre.
Request: The applicant proposes to annex the property into the City. If it is annexed it will
automatically be assigned a zoning designation of R -A, Residential Agricultural. The request is to
rezone the property is as follows and as shown in Exhibits 'A' and 'B':
Zoning District
Acreage
50.71 acres
%
78.1%
RSF-4, Residential Single-family, 4 Units per Acre
NC Neighborhood Conservation
9.54 acres
14.7%
Neighborhood Services, General
4.68 acres
7.2%
(Right-of-way)
3.72
Total:
64.93 acres 1
100%
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
The applicant has indicated that this rezoning is needed to accommodate future subdivision
development. This request represents a modification of the previous proposal to rezone the
entirety of the property to RSF-4, Residential Single-family, 4 Units per Acre.
Land Use Compatibility: Staff findings for land use compatibility are mixed. On the one hand,
many of the properties in the area are undeveloped, agricultural, or large lot residential in nature,
while on the other hand, there are also adjacent suburban, single-family residential subdivisions
to the east and south. Although a greater density on the subject property than what County zoning
currently permits would allow development to utilize adjacent and immediately -accessible street
networks and utilities, a residential subdivision may also compromise the character of adjacent
rural residential and agricultural uses.
Land Use Plan Analysis: The City Plan 2030 Future Land Use Plan designates this property as
Rural Residential Area. Per this classification, these areas are primarily large lot residential and
agricultural in nature. If developed, land use should follow a conservation or cluster pattern to
preserve surrounding rural areas. As proposed, the requested rezoning will not develop in a
conservation pattern nor will it preserve the rural agricultural nature of the area. Additionally,
rezoning the property as requested may ultimately pose financial challenges to the maintenance
of public infrastructure and services given the likelihood of low-density, suburban sprawl
development. This includes a substandard response time from the City's Fire Department, as
outlined in the attached memo. That said, annexation and rezoning of the property accommodates
the current administration's goal to create a beltway of connected roads encircling Fayetteville.
This loop will marginally improve Fire Department response times and facilitate vehicular traffic
throughout and around the City, acting as a foundation for a livable transportation network.
Additionally, the proposal for mixed densities and a potential commercial component promotes
development in a traditional town form, with nonresidential uses within walking distance of
moderately mixed -density residential uses.
DISCUSSION:
On November 27, 2017, the Planning Commission denied the applicant's request to annex the
property in to the City of Fayetteville by a vote of, 8-1-0. Commissioner Noble voted 'no'. The
applicant has appealed the Planning Commission's decision to the City Council along with a
request to rezone the same property, which was also denied by the Planning Commission.
On January 16, 2018, The City Council tabled the request indefinitely at the request of the
applicant. At the meeting two members of the public spoke, expressing concern about potential
traffic and a desire to keep the City Plan 2030 goals in mind during any future negotiation.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Fire Department Response Time Memo
Planning Commission Staff Report
RZN 17-5991
Close Up View
MCFARLAND FAMILY TRUST
Legend
- - Planning Area
Fayetteville City Limits
Trail (Proposed)
Building Footprint
Feet
0 145 290 580 870 1,160
1 inch = 400 feet
N
17-5991
EXHIBIT 'A'
J
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w�1R RD
r
r
R -n
1
r
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N.
1
r
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1 .
r
1
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RSF-8
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Jt
1
as
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NORTH
Zoning Acres
NS -G 4.7
NC 9.5
RSF-4 50.7
Total 64.9
17-5991
EXHIBIT 'B'
DESCRIPTION RSF-4:
PART OF THE E 1/2 OF THE NE 1/4 OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NE 1/4 OF THE NE 1/4 OF SAID SECTION 31;
THENCE ALONG THE NORTH LINE THEREOF N87°08'20"W 660.15 FEET TO THE POINT OF BEGINNING;
THENCE S02°43'44"W 702.20 FEET;
THENCE S87°08'20"E 300.00 FEET;
THENCE S46°50'12"W 543.95 FEET;
THENCE 204.35 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 255.50 FEET AND A LONG
CHORD OF S69°44'57"W 198.95 FEET;
THENCE N87°20'17"W 250.16 FEET;
THENCE S02°39'43"W 428.99 FEET;
THENCE S87°20'17"E 250.16 FEET;
THENCE 411.56 FEET ALONG A CURVE TO THE LEFT WITH A RADIUS OF 684.50 FEET AND A LONG CHORD
OF N75°26'14"E 405.39 FEET;
THENCE 59.41 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 100.00 FEET AND A LONG
CHORD OF N75°13'56"E 58.54 FEET;
THENCE S87°44'53"E 395.20 FEET;
THENCE S02°39'43"W 1174.10 FEET;
THENCE N87°25'05"W 1241.44 FEETTO THE WEST LINE OF THE E 1/2 OF THE NE 1/4 OF SAID SECTION
31;
THENCE ALONG SAID WEST LINE NO2°48'50"E 2428.66 FEET;
THENCE LEAVING SAID WEST LINE S87°05'15"E 104.59 FEET;
THENCE NO2°47'54"E 208.99 FEETTO THE NORTH LINE OF THE E 1/2 OF THE NE 1/4 OF SAID SECTION
31;
THENCE ALONG SAID NORTH LINE S87°08'20"E 554.78 FEETTO THE POINT OF BEGINNING, CONTAINING
50.71 ACRES, MORE OR LESS AND SUBJECT TO THE RIGHT-OF-WAY OF WEST WEIR ROAD ALONG THE
NORTH AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT.
DESCRIPTION NC:
PART OF THE E 1/2 OF THE NE 1/4 OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NE 1/4 OF THE NE 1/4 OF SAID SECTION 31;
THENCE ALONG THE NORTH LINE THEREOF N87°08'20"W 358.52 FEET;
THENCE LEAVING SAID NORTH LINE S02°51'40"W 702.20 FEET TO THE POINT OF BEGINNING;
THENCE S87°08'20"E 1.90 FEET;
THENCE S02°39'43"W 25.00 FEET;
THENCE S87°08'20"E 185.41 FEET;
THENCE 68.17 FEET ALONG A CURVE TO THE LEFT WITH A RADIUS OF 304.50 FEET AND A LONG CHORD
OF S53°20'49"W 68.03 FEET;
THENCE S46°50'12"W 558.83 FEET;
THENCE S41°44'03"E 165.54 FEET;
THENCE 58.63 FEET ALONG A CURVE TO THE LEFT WITH A RADIUS OF 73.00 FEET AND A LONG CHORD
OF S64°44'28"E 57.06 FEET;
THENCE S87°44'53"E 362.22 FEET;
THENCE S02°39'43"W 149.00 FEET;
THENCE N87°44'53"W 395.20 FEET;
THENCE 59.41 FEET ALONG A CURVE TO THE LEFT WITH A RADIUS OF 100.00 FEET AND A LONG CHORD
OF S75°13'56"W 58.54 FEET;
THENCE 411.56 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 684.50 FEET AND A LONG
CHORD OF S75°26'14"W 405.39 FEET;
THENCE N87°20'17"W 250.16 FEET;
THENCE NO2°39'43"E 428.99 FEET;
THENCE S87°20'17"E 250.16 FEET;
THENCE 204.35 FEET ALONG A CURVE TO THE LEFT WITH A RADIUS OF 255.50 FEET AND A LONG CHORD
OF N69°44'57"E 198.95 FEET;
THENCE N46°50'12"E 543.95 FEET TO THE POINT OF BEGINNING, CONTAINING 9.54 ACRES, MORE OR
LESS AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT.
DESCRIPTION NS -G:
PART OF THE E 1/2 OF THE NE 1/4 OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NE 1/4 OF THE NE 1/4 OF SAID SECTION 31;
THENCE ALONG THE NORTH LINE THEREOF N87°08'20"W 82.48 FEET;
THENCE LEAVING SAID NORTH LINE S02°51'40"W 727.2 FEETTO THE POINT OF BEGINNING;
THENCE S02°39'43"W 581.21 FEET;
THENCE N87°44'53"W 362.22 FEET;
THENCE 58.63 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 73.00 FEET AND A LONG CHORD
OF N64°44'28"W 57.06 FEET;
THENCE N41°44'03"W 165.54 FEET;
THENCE N46°50'12"E 558.83 FEET;
THENCE 68.17 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 304.50 FEET AND A LONG
CHORD OF N53°20'49"E 68.03 FEET;
THENCE S87°08'20"E 88.65 FEET TO THE POINT OF BEGINNING, CONTAINING 4.68 ACRES, MORE OR LESS
AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT.
Ii
CITY OF
FAYETTEVILLE
ARKANSAS
TO: Jonathan Curth, Planner
FROM: Battalion Chief B. Sloat, Fire Marshal
DATE: September 11, 2018
SUBJECT: 17-5991 RZN North of N. Rupple Rd. (McFarland Family Trust)
This site is located near the intersection of W. Weir Rd and N. Rupple Rd. Currently primary
emergency response is provided by the Wheeler Volunteer Fire Department. The Fayetteville
Fire Department only responds to this site when requested for mutual aide. This site would be
protected by Ladder 7, located at 835 N. Rupple Rd.
Currently, the property is located approximately 3.2 miles from Fire Station 7 with an anticipated
drive time of approximately 7 minutes using existing streets. The anticipated response time
would be approximately 9 minutes.
If Rupple Road were to be extended to Weir Rd, the same location of the property would be
approximately 2.7 miles from Fire Station 7. The anticipated drive time would be approximately
6 minutes. The anticipated response time would be approximately 8 minutes.
Fire Department response time is calculated based on the drive time plus 1 minute for dispatch
and 1 minute for turn -out time.
The Fayetteville Fire Department does not have a response time goal for responses to mutual -
aid areas outside the Fayetteville City limits. Within the City limits, the Fayetteville Fire
Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder
truck.
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteviIIe-ar.gov
IVA
CITY OF
FAYETTEVILLE
ARKANSAS
TO:
THRU:
FROM:
MEETING DATE:
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Andrew Garner, City Planning Director
Jonathan Curth, Senior Planner
November 27, 2017 (Updated with Planning Commission Results)
SUBJECT: RZN 17-5991: Rezone (NORTH OF N. RUPPLE RD./MCFARLAND
FAMILY TRUST, 244): Submitted by SWOPE ENGINEERING, INC. for
properties NORTH OF N. RUPPLE RD. The properties are in the
FAYETTEVILLE PLANNING AREA and contain approximately 68.65
acres. The request is to rezone the properties to RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE.
RECOMMENDATION:
Staff recommends denial of RZN 17-5991 based on the findings included within this report.
BACKGROUND:
The subject property constitutes approximately 69 acres bordered on the north and west by
unincorporated Washington County land and Fayetteville corporate city limits on the east and
south. The property is developed with two single-family homes, one of which was built in 1916
and the other in 1985. The property has access to both City water and sanitary sewer. Currently,
the zoning designation on the property is Ag/SF Res 1 unit/ac, which allows for agricultural and
single-family uses on lots of no less than one acre. Surrounding land use and zoning is provided
on Table 1.
Table 1
Surrounding Land Use and Zonin
Direction Land Use Zoning
North _ Large Lot Sin le-familyResidential & Agricultural Ag/SF Res 1 unit/ac
South Single-family Residential RSFA, Residential Single-family, 4 Units per Acre
Ag/SF Res 1 unit/ac
East Large Lot Single-family Residential; R -A, Residential Agricultural
Single-family Residential RSF-8, Residential Single-family, 8 Units per Acre
_ RSF-�, Residential Single-family, 4 Units per Acre
West Large Lot Single-family Residential & Agricultural Ag/SF Res 1 unit/ac
Request: The applicant proposed to annex the property into the City. If it is annexed it will
automatically be assigned a zoning designation of R -A, Residential Agricultural. The request is to
rezone the subject property from the assigned R -A designation to RSF-4, Residential Single-
family, 4 Units per Acre. The applicant has indicated that this rezoning is needed to accommodate
future subdivision development.
anninganmissian
Mailing Address: N vember 27. 2017
113 W. Mountain Street www_fayettevi eQWff Item 6
Fayetteville, AR 72701 17-5991 McFarland RZN
Page 1 of 15
Public Comment: Staff has received comment from adjacent landowners expressing concerns
that the subject property will be developed similarly to the residential subdivisions to the south
and east, and that this development will adversely impact the existing infrastructure and area's
character.
INFRASTRUCTURE:
Streets: The subject property has access to Weir Road to the north, and multiple street
stub -outs on the eastern and southern property lines: Whistle Post Drive to the
southwest, Rupple Road to the southeast, and Grouse Road and Country
Meadows Street to the east. Weir Road is not classified in the City's Master
Street Plan and exists today as an unimproved 2 -lane street with open ditches
and not sidewalk or gutter. The street stub -out to Rupple Road in the southeast is
intended to extend northwards along the subject property's eastern boundary as
a part of the proposed Rupple Road Principal Arterial Parkway. The property is
also bisected east -to -west by the planned Lierly Lane Collector Street. Any street
improvements required in these areas would be determined at the time of
development proposal.
Water: Public water is available to the subject property. There are several adjacent
subdivisions, with the aforementioned street stub -outs providing access to 8"
water mains. To the north, a 4" diameter public water main is available along
Weir Road.
Sewer: Public sanitary sewer is not available to the subject property. Given that the
property is outside of Fayetteville's corporate city limits, special City Council
approval is required prior to any extension. There are however, several sewer
stub -outs to the south and east in association with the aforementioned street
stub -outs.
Drainage: Any additional improvements or requirements for drainage would be determined
at the time of development. Although no portion of the subject property lies within
the FEMA designated 100 -year floodplain and no protected streams are present,
hydric soils are present on a large portion of the property, focused in the
southwest. A wetland determination may be required at the time of development.
Fire: This property will be protected by Ladder 7 located at 835 N. Rupple Road. With
a distance of 3.2 miles from Fire Station #7, the Fire Department anticipates a
response time of seven minutes, which is beyond the six -minute response time
goal. This will negatively impact response time averages for this area.
Police: The Police Department did not express any concerns with this request.
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates
the subject property as Rural ResidendalArea. These areas are primarily large lot residential and
agricultural in nature, If developed, land use should follow a conservation or cluster pattern to
preserve surrounding rural areas.
Rural Residential Areas are characterized by low-density, large lot residential development. In
the event of development, the conservation of woodlands, grasslands, and agricultural lands is to
be encouraged. In many of these areas, inadequate services are available and they should not
Planning Commission
November 27, 2017
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be expanded to accommodate further growth unless they are for conservation or cluster
developments that foster local food production, agribusinesses, and historical agricultural uses.
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff findings for land use compatibility are mixed.
On the one hand, many of the properties in the area are undeveloped,
agricultural, or large lot residential in nature, while on the other hand, there
are also multiple suburban, single-family residential subdivisions.
Although a greater density on the subject property would allow development
to utilize adjacent street networks and utilities, a residential subdivision may
also compromise the character of adjacent rural residential and agricultural
uses.
Land Use Plan Analysis: The proposed zoning is incompatible with
Fayetteville's comprehensive plan and future land use map. The RSF-4
zoning district, with its area and density requirements, traditional setbacks,
and single -use character, is contrary to both City Plan 2030 goals and the
guiding policies of the Rural Residential Area designation. The proposed
rezoning does not prioritize infill development, and instead promotes
suburban sprawl. Furthermore, development under the RSF-4 zoning
designation on the subject property encourages low-density development.
This in turn makes fostering a livable transportation network difficult given
the increased distances between dwellings. Lastly, development on this
property under the RSF-4 zoning district requirements is unlikely to
compliment the guiding policies of the Rural Residential Area. With an 8,000 -
square foot lot minimum, it would be difficult, if not unfeasible, to develop in
an alternative conservation or cluster pattern that encourages ongoing rural
and agricultural uses, neither of which are permitted activities under the
RSF-4 zoning district.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The applicant has requested the zoning change to allow for development of
a residential subdivision. Staff finds that given the proposed zoning district
and the property's location on the City's periphery, a suburban pattern of
development will likely occur.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Development under the proposed zoning district will increase traffic, but
access to multiple street stub -outs to the east and south, along with the
future Rupple Road extension should mitigate the possibility of congestion
or a dangerous traffic situation.
Planning Commission
November 27, 2017
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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: Given the current, largely undeveloped character of the property, most forms
of development will increase the population density. Fayetteville street and
utility stub -outs are in place on two of the subject property's boundaries,
which will minimize the need for additional utility extensions to reach the
property. That said, the property's location on the City's north westernmost
periphery will result in services being extended further from Fayetteville's
water and sewer treatment facilities. This will effectively increase long-term
operating and maintenance costs to the City. The school district has not
commented on the proposal.
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:
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 denial of RZN 17-5991 based on the findings discussed
throughout this report.
PLANNING COMMISSION ACTION: Required YES
Date: November 27, 2017 O Tabled O Forwarded
Motion: Hoffman
Second: Quinlan
Note: 8-1-0, Noble voted 'no'.
CITY COUNCIL ACTION: Required YES
Date: Tentatively December 19, 2017 O Approved
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North of N. Rupple Rd (McFarland Annex) 244\03 Planning Commission\11-27-2017
® Denied
O Denied
Planning Commission
November 27, 2017
Agenda Item 6
17-5991 McFarland RZN
Page 4 of 15
BUDGET/STAFF IMPACT:
None
Attachments:
• Code of Ordinances
o §11-194, Uses Permitted, Ag/SF Res 1 unit/ac
• Unified Development Code:
o §161.03, R -A, Residential -Agricultural
o §161.07, RSF-4, Residential Single-family, 4 Units per Acre
• Request letter
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
November 27, 2017
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Sec. 11-194. - Uses permitted.
These areas so zoned are designated as agricultural and single-family residential, the latter to have a lot, tract or
parcel size of no less than one (1) acre; however, if any city requires a larger size in its subdivision regulations, then
the larger size will be controlling.
161.03 - District RA 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 dwellings
Unit 37
Manufactured homes
1
Unit 41
Accessory dwellings
Unit 43
Animal boarding and training
(2)
Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Planning Commission
November 27, 2017
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Unit 20 Commercial recreation, large sites
Unit 24 Home occupations
Unit 35 Outdoor Music Establishments
Unit 36 1 Wireless communications facilities
Unit 42
I
Clean technologies
{�y cisnsrty.
�.lf
Units per acre
One-half ('/:) f
1
(D) Bulk and Area Regulations.
Lot width minimum
200 feet
Lot Area Minimum
Residential: 2 acres
Nonresidential: 2 acres
Lot area per dwelling unit 1 2 acres
(E) Setback Requirements.
Front Side Rear
35 feet 20 feet 35 feet
(F) Height Requirements. There shall be no maximum height limits in the R -A 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.
Planning Commission
November 27, 2017
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161.07 - District RSF-4, Residential Single -Family - Four (4) 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.
(B) Uses.
111 Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
Single-family Two (2) family
dwellings dwellings
Units per acre 4 or less 7 or less
(D) Bulk and Area Regulations.
Planning Commission
November 27, 2017
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Single-family I Two (2) family
dwellings dwellings
Lot minimum
width
70 feet 80 feet
Lot area
8,000 square 12,000 square
minimum
feet feet
8,000 square 6,000 square
Land area per
dwelling unit
feet feet
Hillside Overlay
District Lot
60 feet 70 feet
minimum width
f�
Hillside Overlay
District Lot
8,000 square 12,000 square
area minimum
feet feet
Planning Commission
November 27, 2017
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Land area per 8,000 square 6,000 square
dwelling unit feet feet
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
Building Height Maximum 45 feet
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.
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
Planning Commission
November 27, 2017
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i_J
October 17, 2017
City of Fayetteville Planning
125 W Mountain Street
Fayetteville, AR 72701
479.685.8399
Re: Annexation/Rezone Request
North Weir Road
To whom it may concern,
SWOPE ENGINEERING
Civil Engineering
3511 SE J Street, Suite 9
Bentonville, AR 72712 479-685-8399
Please accept this letter for the referenced issue. The requested annexation is approximately
68.65 acres, located at the NW corner of Weir Road and Rupple Road. For the written
statement required for annexation, see the following items.
a. The property is contiguous to city property on the south and east sides, thereby creating no
islands or peninsulas.
b. As stated in item (a), this property is contiguous, and adjacent, to city limits.
c. The referenced property is currently un -developed, and therefore this request does not split
subdivisions or neighborhoods.
d. All boundaries follow natural corridors, as Weir and Rupple Roads are along city Master Streets.
e. Low -lands, which are a part of the overall parcel, are included as environmentally -sensitive
areas. No specific portions of the property are being excluded.
f. Public services will be easily able to serve this land, as it lies along two major street corridors.
g. All areas of this parcel will be annexed, thereby including utilities and public services.
h. No utility upgrades are required for the proposed development.
For the written statement required for rezone, see the following items.
a. The current ownership of this property is the Mcfarland Family Trust.
b. The requested change to RSF-4 is requested because the property will be annexed as A-1, and
our client proposes a subdivision in this location.
c. The proposed rezoning will allow for additional traffic, however Weir and Rupple Roads will be
upgraded (according to the Master Street Plan) to accommodate. The standard single-family
subdivision, which is proposed, will have the appearance of other subdivisions like this
throughout the city. The only signage proposed would be a standard entry sign, which is
ground -mounted and very limited in height.
Planning Commission
November 27, 2017
Agenda Item 6
17-5991 McFarland RZN
Page 10 of 15
d. Water and sewer services are available nearby, and the required extensions will be made to
serve the project, and to the extents of property frontage.
e. This zoning is entirely consistent with the city's land use plan, and this area is best zoned for
single-family residential, like all nearby developments.
f. The rezoning is justified because of the high demand for this housing product on the market,
and because of the availability of street and utility infrastructure that can be
extended/upgraded from nearby.
g. The proposed zoning will somewhat increase traffic, however the city's projections for both
Weir and Rupple Roads were sufficiently planned to accommodate single-family residential
throughout this area.
h. The increase in population density will be minimal, as single-family residential is the least -dense
development type possible. No undesirable increase in load on schools or utilities is
anticipated.
L A-1, agricultural zoning, allows for farm -related activities. Therefore, this site is not practical for
farming when single-family housing is in such demand.
Thank you for your consideration on this annexation/rezone request. If you have any
questions, or concerns, please let me know.
Regards,
Phil R Swope, PE
President
Planning Commission
November 27, 2017
Agenda Item 6
17-5991 McFarland RZN
Page 11 of 15
Agenda Item 6
17-5991 McFarland RZN
Page 12 of 15
RZN17-5991 MCFARLAND FAMILY TRUST
Close Up View
Legend
Planning Area
Fayetteville City Limits Feet
M Trail (Proposed) 0 145 290 580 870 1,160
Building Footprint 1 inch = 400 feet
4 Rsr-4
I
NORTH
Residential -Agricultural
RSF-4
RSF-8
P-1
Planning Con mission
Novi 7, 2017
Agenda Item 6
17-5991 McFarland RZN
Page 13 of 15
sign
10,1 i
Agerido Item F
'17-5991 Mc"Farlaincl S!ZN
Pa(je'14 Uf'I;i
Agenda Item 6
17-5991 McFarland RZN
Page 15 of 15
RECEIVED
DEC .I 1 2A8
GiYOFFAYETTW,. L ll\ftt1�C1J
GTY CI ERK�Sr�
Democrat Vwaze le
?,O. BOX ie )i: A t TT JIi_ t; AG2, ?2%0� ???-42 iiOL FAX: �7 6?5 ii1B V 4V;=r. i i4DG.CJ 1
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 6111
Was inserted in the Regular Edition on:
November 22, 2018
Publication Charges: $ 78.00
Cathy Wiles
Subscribed and sworn to before me ° °
This,* day of or, , 2018. °°° SAyD
NO
N
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* ✓ rn$„ ^� Esq r' s O
Notary Public �Q�° °°°°°•
My Commission Expires: 3-4-23 +M1'✓°'�s;est?� +}kt�t�°t°°••°°°°°
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6111
File Nwnber: 2018-0609
RZN 17-5991 (NORTH OF N. RUPPLE
RD./MCFARLAND FAMILY TRUST):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 17-5991 FOR
APPROXIMATELY 68.65 ACRES LOCATED
WEST OF NORTH RUPPLE ROAD FROM R-
A, RESIDENTIAL AGRICULTURAL "1'O
RSF-4, RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE; NC, NEIGHBORHOOD
CONSERVATION; AND NS -G,
NEIGHBORHOOD SERVICES -GENERAL
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 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 to RSFA, Residential Single
Family, 4 Units per Acre; NC, Neighborhood
Conservation; and NS -G, Neighborhood
Services -General.
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 11/8/2018
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
74754334 Nov.22,2018