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HomeMy WebLinkAboutOrdinance 4310 • FILED FOR RECORD ' O1 MY 8 PM2 45 ORDINANCE NO. 4310 WASHINGf'uN CO AR AN ORDINANCE REZONING THAT PROPERTY DESCRIlkEVAMPS IN REZONING PETITION RZO1 -6.00 FOR A PARCEL CONTAINING APPROXIMATELY 40 ACRES LOCATED EAST OF SUNSHINE ROAD AND NORTH OF HIGHWAY 16 AS SUBMITTED BY MICHELE A. HARRINGTON ON BEHALF OF TMC & ASSOCIATES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification of the following described property is hereby changed as follows: From A- 1 , Agricultural to R- 1 , Low Density Residential described in Exhibit "A" attached hereto and made a part hereof. Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. f0PED AND APPROVED this V day of May, 2001 . Esti + r APPROVED: * ; By: &ZA �+ DAN COODY, Mayor ATTEST: By: Bather Woo ruff, City Cle 2001051 534 • • ord . 4310 e, LC De EXHIBIT A EXHIBIT "A" RZOI-6.00 THE SOUTHEAST QUARTER (SEI/4) OF THE SOUTHEAST QUARTER (SE'/4) OF SECTION TWO (2), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY-ONE (3 1 ) WEST, ALSO BEING DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S00° I 1 '07"E 1314.80 FEET TO AN ALUMINUM MONUMENT AT THE SOUTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S89°58'09"W 1322.57 FEET TO A SET RAILROAD SPIKE AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE N00° 12'58"W 1319.20 FEET TO THE NORTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE S89050'24"E 1323.30 FEET TO THE POINT OF BEGINNING, CONTAINING 40.00 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS . THE ABOVE DESCRIBED 40.00 ACRE TRACT BEING SUBJECT TO A FIFTEEN ( 15) FOOT WIDE SEWER LINE EASEMENT, A FIFTY (50) FOOT WIDE ELECTRIC EASEMENT ALONG THE EAST BOUNDARY, AND ANY OTHER EASEMENTS OF RECORD, IF ANY. m x 2001051535 D SLO I, PAIS Wd inotgn , Citou!t Ciera and E,,o'F.^ic Rem,du thO thle �ipn ccugx. mans:a do h[sebi r;�.,,a thdt thl@ InklrU�unt P;q9 rated rcr rewrd In hth the hdrnOn and tpa aanv, is nae cub In th th0 mY e:,c_ ea at'kFlOYAcdCarncrI, Y re.or:J-,j Record 9nak and and Icercr5cate t; •r:on Pwrr "go ca.ed hand andla� � the ayahoFsaid CouV ,hezuntr st?!nY sated hereon, rt on the d te indi- Betty Sta ps Circuit Cl r dFxoificio flew;der by NAME OF FILE: Ordinance No. 4310 CROSS REFERENCE: 05/01 /01 Ordinance No. 4310 Exhibit "A" (Legal Description of RZO1 -6.00) 03/21 /01 Planning Division Correspondence 03/26/01 Planning Commission Minutes (Pages 61 & 62) 04/ 17/01 Staff Review Form 05/04/01 Departmental Correspondence from City Clerk 05/10/01 Proof of Publication NOTES : ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZO1 -6.00 FOR A PARCEL CONTAINING APPROXIMATELY 40 ACRES LOCATED EAST OF SUNSHINE ROAD AND NORTH OF HIGHWAY 16 AS SUBMITTED BY MICHELE A. HARRINGTON ON BEHALF OF TMC & ASSOCIATES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification of the following described property is hereby changed as follows: From A- 1 , Agricultural to R- 1 , Low Density Residential described in Exhibit "A" attached hereto and made a part hereof. Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section I above. PASSED AND APPROVED this day of , 2001 . APPROVED: By: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk • i EXHIBIT "A" RZO1 -6.00 THE SOUTHEAST QUARTER (SE'/4) OF THE SOUTHEAST QUARTER (SE'/4) OF SECTION TWO (2), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (3 1 ) WEST, ALSO BEING DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S00° 11 '07"E 1314.80 FEET TO AN ALUMINUM MONUMENT AT THE SOUTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S89°58'09"W 1322.57 FEET TO A SET RAILROAD SPIKE AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE N00012'58 "W 1319.20 FEET TO THE NORTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE S89050124"E 1323 .30 FEET TO THE POINT OF BEGINNING, CONTAINING 40.00 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 40.00 ACRE TRACT BEING SUBJECT TO A FIFTEEN ( 15) FOOT WIDE SEWER LINE EASEMENT, A FIFTY (50) FOOT WIDE ELECTRIC EASEMENT ALONG THE EAST BOUNDARY, AND ANY OTHER EASEMENTS OF RECORD, IF ANY. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501 ) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM : Dawn T. Warrick, Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: March 21 , 2001 RZ 01 -6.00: Rezoning (TMC & Associates, pp 359) was submitted by Michele A. Harrington on behalf of TMC & Associates for property located east of Sunshine Road and north of Highway 16. The property is zoned A- 1 , Agricultural and contains approximately 40 acres. The request is to rezone to R- 1 , Low Density Residential. RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report. PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: March 26, 2001 CITY COUNCIL ACTION : Required YES O Approved O Denied Date: Comments: H:I USERSICO�NMONID.4WN7IREPOR7SIPC13-16-0/Itmc_n.wpd BACKGROUND: The subject property is located just west of the future phases of Bridgeport Subdivision. Access is from WC 887, Sunshine Road and from WC 882, Jess Anderson Road. Eventually access will be available through Bridgeport by way of the Master Street Plan collector New Bridge Drive. The site is north and west of the Fieldstone Subdivision, however, access to that development is not available from this location. The 40 acre tract is surrounded on three sides (north, south and west) by county property and on the east by undeveloped R- 1 property. The area is well within the City's Planning Area boundary, it is situated at the far western edge of Fayetteville. This property is currently claimed by the Farmington School District. Annexation of the property is being requested as a precursor to this rezoning request. SURROUNDING LAND USE AND ZONING North: County property, Residential, Agricultural South: County property, Residential, Agricultural East: Vacant (future phases of Bridgeport Subdivision), R- 1 West: County property, Residential, Agricultural INFRASTRUCTURE: Surrounding roads (Jess Anderson Rd., Wheeler Road, Sunshine Road) are all county roads and are not built to City standards. Construction of portions of at least two Master Street Plan streets will be the responsibility of the developer of this property in order to provide the required street connections. Water and sewer connections will be available when the adjacent phase (the Final phase - VI) of Bridgeport Subdivision is completed. Additional per lot sewer fees will be required of any development due to sewer improvement needs in the Hamestring Creek Basin. LAND USE PLAN: General Plan 2020 designates this site Residential . Rezoning this property to R- 1 , Low Density Residential is consistent with the land use plan and compatible with surrounding land uses in the area. H:1 USERSICOA4MO"AWNYIRFPORTSPCI3-26-OI l tmc_m.wpd a 0 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: The proposed zoning is consistent with the General Plan 2020 which calls for this property to develop with a residential land use. 2 . A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is justified at this time, it is consistent with the General Plan 2020 and is compatible with adjacent properties. Development of this property under R-1 zoning represents a more efficient use of infrastructure than an A-1 residential development with larger lots that may have the potential in the future to be further divided. 3 . A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning could provide for a maximum of 160 single family homes. This would be an increase from the amount of traffic currently generated by this site. Further review at the time of development will be necessary to implement any controls or improvements needed as a result of traffic generated by a proposed project. Connectivity and extension of the City's Master Street Plan will be required at the time of development. 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: The proposed zoning will alter population density. The load on public services will be determined by a proposed development. The property is currently served by the Farmington School District. Water and sewer utilities will be available to the site when the final phases of the Bridgeport subdivision are completed and accepted by the City. Phase 4 has been approved, phases 5 and 6 are still under construction. 5 . If there are reasons why the proposed zoning should not be approved in view of considerations under b (1 ) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as : a. It would be impractical to use the land for any of the uses H. IUSERSICOMMO"AWN7IP"OR7SPC13-26-011tmc_M.wpd N a 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 H:1 USERSICOAWO"AWN7IRF-POR7SPC13-16-0!I imc_n.wpd § 161 .04 DISTRICT R-1 : LOW D. Bulk and Area Regulations. DENSITY RESIDENTIAL. Single- Two-Family A. Purpose. The Low Density Family Residential District is designed to permit Lot 70 ft. 80 ft. and encourage the development of low Minimum density detached dwellings in suitable Width environments, as well as to protect existing development of these types. Lot Area 8,000 sq. ft. 12,000 sq.ft. Minimum B. Uses. Land Area 8,000 sq. ft. 6,000 sq. ft. Per 1 . Permitted Uses. Dwelling Unit 1 City-Wide Uses by Right Unit Unit 26 Single-Family Dwelling E. Yard Requirements (feet). 2. UsesPermissible on FRONT SIDE REAR Appeal to the Planning Commission. YARD YARD YARD Unit 2 City-Wide Uses by Conditional 25 8 20 Use Permit F. Building Area. On any lot the Unit 3 Public Protection and Utility area occupied by all buildings shall not Facilities exceed 40% of the total area of such lot. Unit 4 Cultural and Recreational Facilities (Code 1991 , § 160.031 ) Unit 8 Single-Family and Two- Family Dwellings C. Density. SINGLE- TWO FAMILY FAMILY DWELLINGS DWELLINGS 4 or Less Families 7 or Less Families Per Acre Per Acre H:IUSERSICOMM140MDAIVN71REPOR7SIPC13-26-OPimc_m.wpd 6 a Rezoning Application dated 3 .2 .01 Item #6. a. The proposed zoning change is from A-1 (the automatic zoning upon annexation) to R-1 for the purpose of building single family homes within the restrictions of the R-1 zone. b. The reason for the requested zoning change is that a single family residence subdivision is not permitted in the A-1 zone. C. ( 1 ) The development of this property into a single family residential subdivision will be the same type of use as the surrounding properties (similar residential development in the area) ; (2) The road in front of the property to be rezoned will be improved in accordance with City ordinances when the property is developed; the county road (Sunshine) is newly paved to Mt. Comfort. There is very little traffic and only a few residences on the existing road . There is a street stubbed out to this property in Bridgeport Subdivision which will be connected through this development. (3) The proposed development will be harmonious in appearance with the development in the area. (4) Signage will involve only the subdivision signs. d. Water line (81 is stubbed out at end of Newbridge Road from Bridgeport Subdivision Phases IV, V, and VI, and 8" gravity sewer passes through the property; manholes are already in place.