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Home My WebLink AboutOrdinance 4361 ` • FILED FOR REC0RD ' 02 AN 14 Aft 1137 ORDINANCE NO, 4361 WASHINui0s, 1, J 4i'? B. STAMPS AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 01 .27.00 FOR A PARCEL CONTAINING APPROXIMATELY 8. 74 ACRES FOR PROPERTY LOCATED EAST OF DOUBLE SPRINGS ROAD AND SOUTH OF OWL CREEK SUBDIVISION, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY RAYMOND C. SMITH, ATTORNEY, ON BEHALF OF CONLEY AND VIRGINIA WORLEY, GERALD AND IRENE GRISCOM AND SYLVESTER AND CAROL GUIST, 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 RMF 6 Low Density Residential as shown 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. PASSED AND APPROVED this 2" day of January, 2002. APPROVED: By. & �. I t tit , DAN COODY, M r iZ! r' . He� �hei Woodruff, City Clerk 7Uq w4 2002006780 Exh . • RT RZ Ord . 4361 Ord EXHIBIT "A" oplolAfAt RZN 01.27.00 PART OF THE SE 1 /4 OF THE SE 1 /4 OF SECTION 10, T16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NE CORNER OF SAID SEI /4, SETA THENCE SOUTH 310.00 FEET, THENCE WEST 415 .21 FEET, THENCE S40023'50"W 525 .39 FEET, THENCE WEST 308 .97 FEBT, THENCE NORTH 122.97 FEET, THENCE N40023'50"E 657.20 FEET, THENCE NORTH 94.07 FEET, THENCE S8902010511E 638 .81 FEET TO THE P.O.B. ; CONTAINING 8 . 74 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. . 2002006781 • ! NAME OF FILE: Ordinance No. 4361 CROSS REFERENCE: 01 /02/02 Ordinance No. 4361 Exhibit "A" (Legal Description of RZN 01 -27.00) 11 /20/01 Planning Division Correspondence to Fay. Planning Commission from Dawn Warrick, Senior Planner 11 /26/01 Planning Commission Minutes (Pgs. 20 & 21 ) 12/18/01 Staff Review Form 01 /04/02 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City Clerk NOTES : ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 01.27.00 FOR A PARCEL CONTAINING APPROXIMATELY 8.74 ACRES FOR PROPERTY LOCATED EAST OF DOUBLE SPRINGS ROAD AND SOUTH OF OWL CREEK SUBDIVISION, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY RAYMOND C. SMITH, ATTORNEY, ON BEHALF OF CONLEY AND VIRGINIA WORLEY, GERALD AND IRENE GRISCOM AND SYLVESTER AND CAROL GUIST. 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 RMF 6 Low Density Residential as shown 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. PASSED AND APPROVED this day of , 2001 . APPROVED: By: D K i DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBIT "A" RZN 01 -27.00 PART OF THE SE 1 /4 OF THE SE 1 /4 OF SECTION 10, T16N, R31W IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID SE1 /4, SE1 /4 THENCE SOUTH 310.00 FEET, THENCE WEST 415.21 FEET, THENCE S4002315011W 525.39 FEET, THENCE WEST 308.97 FEET, THENCE NORTH 122.97 FEET, THENCE N4002315011E 657.20 FEET, THENCE NORTH 94.07 FEET, THENCE S8902010511E 638.81 FEET TO THE P.O.B.; CONTAINING 8.74 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. . FAYETTEVILLEPla 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, Senior Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: November 20, 2001 RZN 01-27.00: Rezoning (Worley/Griscom/Guist, pp 435/474) was submitted by Raymond C. Smith, Attorney on behalf of Conley & Virginia Worley, Gerald & Irene Griscom, and Sylvester & Carol Guist for property located east of Double Springs Road and south of Owl Creek Subdivision. The property is zoned A-1, Agricultural and contains approximately 8.74 acres. The request is to rezone to RMF 6, Low Density Multi-Family Residential, RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report. PLANNING COMMISSION ACTION: -Required YES 0 Approved O Denied Date: November 26, 2001 . CITY COUNCIL ACTION: Required YES O Approved O Denied Date: December 18, 2001 (1" reading) X:IUSERSICOMMONIDAWN71REPORTSIPCUI-26-OIIWGG RMF6.DOC Comments: BACKGROUND: The subject property is located within an overall (50.64acre) tract. The overall proposal includes annexation of 13 .61 acres and rezoning of 41 .90 acres to R- 1 in addition to this request to rezone 8 .74 acres to RMF-6. This marks the City's first request for the new RMF-6 zoning district. The prospective developer of this property approached Planning staff with a proposal for a subdivision that would provide a mix of at least two different housing types. The desire is to create a portion of the development which consists of two-family units that can be constructed for separate ownership. This type of construction is also referred to as zero lot line or patio home development. While the R- 1 .5 zoning district would allow for duplex and triplex development by right, it does not permit zero lot line configurations. The new RMF-6 district does allow this and it has the added benefit of regulating the density of the project at a maximum of 6 units per acre. (Note — the R- 1 district permits duplexes by conditional use at a max. density of 7 units per acre.) Located in the northeastern comer of the overall subdivision, this zoning district has a natural buffer to the north in Owl Creek. SURROUNDING LAND USE AND ZONING North: Owl Creek / Owl Creek Subdivision, R- 1 South: Large acreage / single family home, Outside City East: Vacant / large acreage, Outside City West: Large acreage / single family residential, A- 1 / R- 1 / Outside City INFRASTRUCTURE: Access to this property is from Double Springs Road which runs north/south between Hwy 16W and Hwy 62W. Double Springs Road is primarily a county road, but developments such as Silverthome and Owl Creek Subdivisions within the City of Fayetteville have made improvements to the road based on the impact of the project. Improvement of the road to include one half of a City street adjacent to the project site is the standard requirement. Additional street H:IUSERSICOMMONIDA WNTIREPORTSIPCVl-26-01IWGG RMF6.DOC 0 0 construction for this development will include Persimmon Street, a proposed Master Street Plan collector, which bisects the subject property. Water is available along the west side of Double Springs Road (8" line). A 12" sewer line is located along the northern portion of the subject property. A lift station exists in the northwest corner of the property according to the applicant's representative/engineer. LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property to RMF-6, Low Density Multi Family Residential is consistent with the land use plan and compatible with surrounding land uses in the area. 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 land use planning objectives, principles, and policies and with land use and zoning plans. This area is designated as residential on the adopted General Plan 2020 as is the surrounding property. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed rezoning is justified at this time in that it is in keeping with the policies and adopted plans of the City. Zoning this property RMF-6 is consistent with implementation strategies fro residential areas as described in the General Plan 2020. Rezoning this property is necessary to develop in a controlled manner making efficient use of infrastructure. 3 . A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will not create or appreciably increase traffic danger and congestion. Improvement of Double Springs Road adjacent to this property is contemplated at the time of development. This road carries traffic both north and south to major arterials (Hwy 16W, Hwy 62W), 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 H.IUSE"COMMONIDAWMIREPORTMPCI11-76-OIIWGG RMF6.DOC sewer facilities. Finding: This increase is not expected to undesirably increase the load on public services including schools, water, and sewer facilities. The applicant, like all project applicants, has signed the sewer capacity warning designed by the City attorney regarding the status of Fayetteville's wastewater treatment facility. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1 ) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b ( 1 ) through (4) above why the proposed zoning is not desirable. Finding: N/A H..,IUSERSICOMMOMDA WAMREPOR7SIP011-26-011WGG RMF6.DOC CURRENT OWNERSHIP INFORMATION AND ANY PROPOSED OR PENDING PROPERTY SALES a. Assessor' s Parcel Number 756-16157-0007 P/O SE1/47 SEIA4 S10, T16N, R31W (36.92 Acres). Current owners are Conley Eugene & Virginia Lee Worley. Pending sale to Charles Sloan d/b/a Charles W. Sloan & Associates. b. Assessor's Parcel Numbers 001-11822-000 and 001- 11825-000, P/O SEI/4, SEI/41 S101 T16N, R31W (10.0 Acres). Current owners are Gerald F. & Irena M. Griscom. Pending sale to Charles Sloan d/b/a Charles W. Sloan & Associates. c. Assessor' s Parcel Number 00141823-000, P/O SEl/47 SE1/4, S10, T16N, R31W (3 .61 Acres). Current owners are Sylvester C. & Carol A. Guist. Pending sale to Charles Sloan d/b/a Charles W. Sloan & Associates. REASON FOR REQUESTED ZONING CHANGE A. Parcels 001- 11822-000, 001-11823-000 and 001-11825-000 are currently A- 1 . Land will be annexed to City of Fayetteville and developed into single family dwellings lots R-1 . B. Parcel 765-16157-000 is currently A- 1 . Land will be developed into single family dwellings lots R- 1 and multifamily dwellings lots RM96. LAND DEVELOPMENT The development of this property is consistent with the land use of the residential areas surrounding the proposed development with slight increase in traffic. WATER/SEWER ACCESS 8" water line on the west side along Double Springs Road. 12" sewer line along the north side. Lift station in northwest comer of property. RZN01-2100 WORLEY/GRISCOM/GUIST Close Up view J _ I R.0 SII j RI , y� - .� .. ' —_ — ....... _ ORi�AfiE DN � � I - MICNRELLDIP.DA_ I 0 i _- I' I T ! F- SolI , _' _- Lpo�rR.yL i El PA� DR SO ORLA 0 CO I Af v i A-, - - I o I I I I ' I I- - -r—®—_-- - i�?!Lwl!F::INIXrilir!Ilnil+filo!IIRiIWiINiIF�Ih+lYn�411r"ili�� I.Lr_.Itu'I+�j�_ I�I . . IL Overview Legend. rte . . - - - - , - Subject Property Boundary Master Street Plan ® RZN07-27.00 �"�� planning Area qsv Freeway/Expressway 0 000ry Overlay District Principal Arterial ?� Streets 00000$ Existing l _ I City Limits ^aI Minor Arterial - _ - _ - - - - i 40 % � Collector Planned Outside City • ,00 Historic CoAxtor 0 125 250 500 750 1,000 Feet 10 0 RZN01-21.00 WORLEY/GR/SCOM/GU/ST One Mile View R i 1 . , ypJAIE SPRINGS R_D R4 IT AY U4.1 tv A ] 1—A-fRT.S ._._ A.IT st '� Subject Property ) " ' ,- _ E - A-1 C r \?DRY .. A.} OgG4$p f � Irir ' t '�tEVER1y76RNR i - 1 A-T _ SHA'OTIDR'- rnin � s mIf 1 .. ''bElI ER ..•: .. Overview n _ Legend - -• Subject Property Boundary Master Street Plan -_ - - - - d RZN01-27.00 �ti-p Planning Area - j Freeway/Expressway 8=cb5 o Overlay District 9PrindPa IArtedal LitStreets 008 ••, 4"44.#Existing L _ I City Limits I Minor Arterial r3 F O Outside City Collector Planned f7 _ • ,,, Historic Collector F� 0 0.125 0.25 0.5 0.75 1 Miles