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HomeMy WebLinkAboutOrdinance 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$p f � Irir ' t '�tEVER1y76RNR i - 1 A-T _ SHA'OTIDR'- rnin � s mIf 1 .. ''bElI ER ..•: .. Overview n _ Legend - -• Subject Property Boundary Master Street Plan -_ - - - - d RZN01-27.00 �ti-p Planning Area - j Freeway/Expressway 8=cb5 o Overlay District 9PrindPa IArtedal LitStreets 008 ••, 4"44.#Existing L _ I City Limits I Minor Arterial r3 F O Outside City Collector Planned f7 _ • ,,, Historic Collector F� 0 0.125 0.25 0.5 0.75 1 Miles 0 RZN01-21.00 Future Landuse Community C+ rrlco�; WORLEY/GRISCOM/GUIST ................. t.I..;:....................................................... -, - M .... ......... .. . .. .. .. .. .. . .. .. .... .. ... iROHOIMUP • : ...........................................................................:::.:::::::::::::::::::. ....._......._........................_......-::::::::::::::::::::::::...".... .. Future Landuse . .:. . _ 1Paths . . .: Private Open Space ................................... .................................................................................................. .................................................................................... .. ......... ... .......................... ...... ...... Residential '.�... ::::a a':i'[:::::::[':i[]It:::::::[:Ia l::: ::::::[::[L:::: c'ii':':iic::: :::::::::ii a:::::� ii:'::i:IiMlxedUse g iiliE!iG1i!ItligiiliHii!iIll oieiili0IIIIH iinnin........., ; .. _ o Office ....... _ _ _ _ ., _ _ .. .,.•,nnunnulnugnnNul u .......... _...................... _...:...................... 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Overview Legend —• _ Subject Property Streets Boundary RZN01-27.00 'N.e Existing '^N.Planning Area l Planned 8000$ Overlay District �, 000000 u1 _ I City Limits 0 125 250 500 750 1,000 Feel Planning Commission November 26, 2001 Page 20 RZN 01-27.00: Rezoning (Worley/Griscoin/Guist, pp 435/474) was submitted by Raymond C. Smith, Attorney on behalfof 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. Estes: The next item that we have on our agenda is a third companion item. It is RZN 01 -27.00, it is submitted by Mr. Raymond C. Smith on behalfof Conley and Virginia Worley, Gerald and Irene Griscom and Sylvester and 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. Staff recommends approval ofthe requested rezoning based on the findings included as a part ofthe report. Mr. Smith, do you have any presentation that you would like to make in support of this request? Smith: I have no actual presentation but I would be glad to answer any questions or have Mr. Sloane or Mr. Jorgensen answer any questions anyone may have. Estes: Commissioners, do you have any questions for Mr. Smith at this time? Ward: No, I would like to direct a question to Tim about explaining to us again about the RMF 6, Low Density, Multi -Family Residential. Conklin: We amended our zoning ordinance and created three new zoning districts to reduce the density from 24 units per acre for multi family to allow for 6 units as a multi family zoning district. This will be the first time we've used this zoning. The applicant has a desire to provide some townhouse type units within this R-1 neighborhood. It is a mix ofresidential uses that is going to be incorporated within the actual development. Staff is recommending approval. Probably other projects that I can think of in front of Park Place, there is some multifamily residential in front of that subdivision and this subdivision will have these duplex units within the single family homes. Estes: Tim, if I understand correctly, the RMF 6 is 6 units to an acre without regard to type but limited by density, is that correct? Conklin: That is correct. The maximum density is six units per acre. Estes: Any other questions for Mr. Smith? Thank you Ray. Is there any other member ofthe public that would like to comment on this requested rezoning, 01-27.00? Seeing none, I Planning Commission November 26, 2001 Page 21 will bring it back to the Commission for discussion, motions or comments. Motion: Man: For the same reasons that I sited earlier and that it is consistent with our land use plan and is needed and justified in this part of town at the time, I recommend approval of RZN 01- 27.00 to forward to the City Council. Estes: We have a motion by Commissioner Marr to approve RZN 01-27.00, is there a second? Shackelford: I'll second. Estes: Vie have a second by Commissioner Shackelford. We have a motion by Commissioner Man and a second by Commissioner Shackelford to approve RZN 01-27.00, is there any discussion or any comments? Renee, would you call the roll please? Roll Call: Upon the completion of roll call the motion to approve RZN 01-27.00 and forward it to City Council was approved by a vote of 8-0-0. Estes: The motion passes by a vote of eight to zero and the requested rezoning will be forwarded to the full City Council for its consideration. Thank you Mr. Smith. • STAFF REVIEW FORM • X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of December 18, 2001. FROM: Tim Conklin Planning Urban Development Name Division Department ACTION REQUIRED: To approve an ordinance for RZN 01-27 as submitted by Raymond C. Smith, Attorney, on behalf of the property owners Conley and Virginia Worley, Gerald and Irene Griscom and Sylvester and 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. COST TO CITY: Cost of this Request Account Number Project Number BUDGET REVIEW: Category/Project Budget Category/Project Name Funds Used To Date Remaining Balance Program Name Fund Budgeted Item _ Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: counting Manager Date City A orney *Da Purchasing Officer Date STAFF RECOMMENDATION: Planning Commission forward the rezoning Internal Auditor ADA Coordinator Date Date Staff recommended approval and on November 26, 2001, unanimously voted 8-0-0 to recommend approval and to to the City Council. // fd- Division Head Date De rt(meeentire-tor /�/� Date Adm' istrative Services Director D to Mayor 4 Cross Reference New Item: Yes Prey Ord/Res #: Orig Contract Date: Orig Contract Number: FAYETTEY&LE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin, Planning Division From: Heather Woodruff, City Clerk Date: January 4, 2002 Please find attached a copy of Ordinance No. 4361 rezoning that property described in Rezoning Petition RZN 01-27.00. The original will be microfilmed and filed with the City Clerk cc: Nancy Smith, Internal Audit 010 03 Update Document Reference ORD Cit of Fayetteville 1/09/2002 Index Maintenance • 14:09:37 Ite Action Date Ref. Taken Brief Description 1022002 4361 RZN 01-27.00/DOUBLE SPRNGS/OWL CRK Enter Keywords......... File Reference #......: Security Class........: Expiration Date.......: Date for Cont/Referred: Name Referred to......: ORD. 4361 q---- --,-1 --- -.1". ._-k 1 II Retention Type: **** Active *TTW Cmdl-Return Cmd8-Retention Cmd4-Delete Cmd3-End Press 'ENTER' to Continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp. 9 IAVA�IAO to Bette Stamps, Circuit Clerk and Exofdo Recorder for Washington County, Arkansas, co hereby certty that this Instrument was filed for record in my office as indicated hereon and the same is now duly recorded with the acknowledgement and certificate thereon in Record Book and Page as indicated thereon. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Court on the date indi- cated hereon.