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HomeMy WebLinkAboutOrdinance 4557ORDINANCE NO.4557 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-02.00 AS SUBMITTED BY GEOFF BATES OF KEYSTONE CONSULTANTS ON BEHALF OF DAVID CHANCE AND JOHN TUGGLE FOR PROPERTY LOCATED AT WEST TACKETT AND GENEVIEVE AVENUE CONTAINING APPROXIMATELY 7.94 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER ACRE 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 R-A, Residential Agricultural to RSF-4, Residential Single - Family, 4 Units Per Acre 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 the 20`h day of April, 2004. APPROVED: 'FAYETTEVILLE; 5 By: ATTEST: TON O;;�`�� "wuu"Jnu� W By: at SONDRA SMITH, ity Clerk I IIIIIII (IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 007275470002 Tvoe: REL Recorded: 05/21/2004 at 08:16:44 AM Fee Amt: $11.00 Pace 1 of 2 Mashlnoton Countv. AR Bette Stamps Circuit Clerk F11e2004-00019665 EXHIBIT "A" RZN 04-02.00 A PART OF THE E1/2 OF THE SWIA OF SECTION 11, TOWNSHIP 16 NORTH, RANGE 31 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A RAILROAD SPIKE FOUND AT THE SOUTHEAST CORNER OF THE SE1A OF THE SW 1/4 OF SAID SECTION I I, TOWNSHIP 16 NORTH, RANGE 31 WEST; THENCE ALONG THE SOUTH LINE OF SAID SE1/4 OF THE SWIA N87039'25"W 160.50 FEET; THENCE NO2°20'35"E 642.21 FEET; THENCE N87°49'02"W 282.63 FEET TO THE POINT OF BEGINNING; THENCE N87°49'02"W 132.22 FEET TO A FOUND IRON PIN; THENCE S02°16'33"W 104.68 FEET TO A FOUND IRON PIN; THENCE N87041'06"W 410.65 FEET TO A FOUND IRON PIN; THENCE NO2°20'10"E 502.74 FEET; THENCE ALONG AN EXISTING FENCE S86°49'44"E 142.49 FEET; THENCE ALONG AN EXISTING FENCE N02031'47"E 295.19 FEET TO THE CENTERLINE OF TACKETT ROAD; THENCE ALONG SAID CENTERLINE THE FOLLOWING FOUR (4) COURSES: S74°18'47"E 141.67 FEET; S62°35'47"E 116.78 FEET; S48°39'47"E 129.79 FEET; S61 °06'47"E 62.08 FEET; THENCE DEPARTING SAID CENTERLINE S02025'12"W 499.04 FEET TO THE POINT OF BEGINNING, CONTAINING 7.94 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. 0 Washington County, AR I certify this instrument was filed on 05/21/2004 08:16:44 AM and recorded in Real Estate File Number2004-00019865 Bette Stamps - Circuit Clerk by 0 • NAME OF FILE: Ordinance No. 4557 w/Ex. A CROSS REFERENCE: Item # Date Document 1 03/18/04 memo to mayor & city council 2 draft ordinance 3 02/24/04 memo to Planning Commission 4 copy of §161.07 5 01/28/04 copy of letter from Keystone Consultants to Warrick 6 copy of Planning Commission minutes 7 copy of Close Up View 8 copy of One Mile View 9 copy of Future Land Use 10 03/24/04 Staff Review 11 11/18/04 memo to Planning Commission 12 11/18/04 copy of letter to Dawn Warrick 13 04/23/04 memo to Dawn Warrick 14 05/04/04 Affidavit of Publication 15 16 17 18 19 20 21 22 23 24 25 NOTES: 05/21/04 filed with Wash. Co. Circuit Clerk City Council lGleeting of April 06, 2004 Agenda Item Number l �/off y 557 CITY COUNCIL AGENDA MEMO RuN dy, To: Mayor Coody and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administrator & Date: March 18, 2004 Subject: Rezoning request for Chance & Tuggle (RZN 04-02.00) Planning Staff recommends approval of an ordinance rezoning approximately 7.94 acres of property from R-A, Residential Agricultural to RSF-4, Residential single family 4 units/acre. Property description: The subject 7.94 acre vacant tract of land is located in west Fayetteville, at W. Tackett and Genevieve Avenue, west of 54"' Street. The developer proposes a residential subdivision on the property, not to exceed 4 units per acre. The subject property has twice been before the Planning Commission for rezoning requests. Staffs recommendation on both requests, the first from R-A to RT-12 and the second from R-A to R-PZD 04-03.00 with 50 units on 25 lots, were for denial, based on incompatibility with surrounding land use and density. In both cases, the applicant withdrew the request. At this time, the developer is requesting a rezoning from R-A to RSF-4, a density that is far more suitable and compatible with surrounding neighborhoods than previous requests. Proposal: The applicant proposes to rezone the 7.94 acre tract in anticipation of the development of a single family residential subdivision. The requested zoning will provide for additional residential development at a maximum density of 4 units per acre. On November 24, 2003, the applicant withdrew a rezoning request from R-A to RT-12 based on a recommendation for denial by staff and Planning Commission concerns. The second application for rezoning was also withdrawn by the applicant, based on similar recommendations and comments made by the Subdivision Committee, on January 15, 2004. On March 08, 2004, the Planning Commission voted 9-0-0 to forward this item to the City Council with a recommendation for approval of the rezoning. BUDGETIMPACT None. i • ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-02.00 AS SUBMITTED BY GEOFF BATES OF KEYSTONE CONSULTANTS ON BEHALF OF DAVID CHANCE AND JOHN TUGGLE FOR PROPERTY LOCATED AT WEST TACKETT AND GENEVIEVE AVENUE CONTAINING APPROXIMATELY 7.94 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER ACRE. 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 R-A, Residential Agricultural to\RSF-4, Residential Single -Family, 4 Units Per Acre 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 12004, 7 APPROVED: ATTEST: By: Sondra Smith, City Clerk By: DAN COODY, Mayor EXHIBIT "A" RZN 04-02,00 A PART OF THE EI/2 OF THE SWIA OF SECTION 11, TOWNSHIP 16 NORTH, RANGE 31 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A RAILROAD SPIKE FOUND AT THE SOUTHEAST CORNER OF THE SE1/4 OF THE SW 1/4 OF SAID SECTION 1I, TOWNSHIP/16 NORTH, RANGE 31 WEST; THENCE ALONG THE SOUTH LINE OF SAID SE1/4 OF THE SWIA N87039'25"W 160.50 FEET; THENCE N0.2°20'35"E 642.21 FEET; THENCE N87°49'02"W 282.63 FEET TO THE POINT OF BEGINNING; THENCE N87°49�021W 132.22 FEET TO A FOUND IRON PIN; THENCE S02°16'33"W 104.68vFEET TO AvFOUND IRON PIN; THENCE N87041'06"W 410.65 FEET TO A FOUND IRON PIN; THENCEN02°20'10"E 502.74 FEET; THENCE ALONG AN EXISTING FENCE S86°49'44"Ev142.49 FEET; THENCE ALONG AN EXISTING FENCE NO2°31'47"E 295.19 FEET TO THE CENTERLINE OF TACKETT ROAD; THENCE ALONG SAID CENTERLINE THE FOLLOWING FOUR (4) COURSES: S74°18'47"E'141.67 FEET; S62°35'47"E 116.78 FEET; S48°39'47"E 129.79 FEET; S61 °06'47"E 62.08 FEET; THENCE DEPARTING SAID CENTERLINE S02025'12"W 499.04''FEET TO TH&\POINT OF BEGINNING, CONTAINING 7.94 ACRES, MORE,OR.LESS. SUBJECT,TO/ANY EASEMENTS, COVENANTS OR RESTRICTIONS OFRECORD 'OR FACT./ FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of March 08, 2004 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jeremy Pate, Associate Planner THRU: Dawn Warrick, AICP, Zoning & Development Administrator DATE: February 24, 2004 RZN 04-02.00: Rezoning (Chance & Tuggle, pp 436) was submitted by Geoffrey Bates of Keystone Consultants, Inc. on behalf of David Chance and John Tuggle for property located at W. Tackett and Genevieve Avenue. The property is zoned R- A, Residential Agricultural, and contains approximately 7.94 acres. The request is to rezone the subject property from R-A, . Residential Agricultural, to RSF-4, Residential Single-family, 4 units per acre. Planner: Jeremy Pate RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report. COMMISSION ACTION: March 08, 2004 COUNCIL ACTION: April 06, 2004 BACKGROUND: Required YES 4Approved O Denied a1-o-o Required YES O Approved O Denied Property description: The subject property, located in west Fayetteville, is currently vacant. Immediate surrounding properties are all single family and agricultural in nature. Lot size/density for surrounding neighborhoods varies from 1 and 2 acre lots to larger, with the exception of the RMF-6 zoning .5 miles to the west and RT-12 zoning consisting of single family homes on small lots north of Wedington Drive. Proposal: The applicant has indicated the intent to develop a single-family residential subdivision on the subject property consisting of approximately 25 residences (a density of 3.15 DU/Acre) Request: The request is to rezone the property RSF-4, Residential Single family, 4 Units per L) Acre. History: The subject property has been before the Planning Commission twice before with rezoning requests. The first request, in November of 2003, was to rezone the property RT-12, for development of a two-family subdivision. This request was withdrawn at the Planning Commission meeting of November 24, with a motion to deny on the table. The applicant then submitted plans and applications to rezone the property to R-PZD 04-03.00, allowing for 50 units on 25 lots. Based on comments received at Subdivision Committee in January of 2004, and staffs recommendation of denial for the request, the applicant again withdrew the rezoning request, to meet with staff to determine a compatible land use for this area. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Single Family homes RSF-4, Res. Single Family, 4 DU/Acre South Vacant / Agricultural R-A, Residential Agricultural East Single Family homes RSF-4, Res. Single R-A, Residential A Family, 4 DU/Acre 'cultural West Single Family homes / Agricultural R-A, Residential Agricultural INFRASTRUCTURE: Streets: Access and street frontage is along Tackett Drive to the north and Genevieve Avenue along a portion of the western boundary of the site. Both are classified as Local Streets on the Master Street Plan, but are not built to that standard. At the time of development on this site, both Tackett Drive and Genevieve Avenue would need to be improved to City Standards including pavement, curb and gutter, storm drains and sidewalks. Water: The property currently has access to a 2" waterline along Genevieve Avenue. An 8" water line exists along 54`" Avenue, but is not contiguous to the subject site property boundaries. An extension of the water main will be required to provide water supply with any development on this property. The development will have to loop between these two existing mains to provide dual feed for the development. Sewer: A 6" sewer main is accessible along Genevieve Avenue. Sewer will need to be extended to serve development on this site. Calculations may be required to show that there is adequate capacity in these 6" lines to handle the additional loading. If capacity is not available, offsite improvement will be required to provide capacity. Fire: The subject property is located 1.7 miles from the proposed Fire Station #7 on Rupple Road. Normal driving time is 3 min. 5 seconds. Water supply will be necessary for this property to develop. Street improvements to allow for necessary fire apparatus ingress/egress will also be required. LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property to RSF-4 is consistent with the land use plan and is compatible with surrounding single family 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 for a single family residential land use is compatible with adjacent and nearby single family residential and agricultural uses. The General Plan designates this area for residential uses, which is compatible with the proposed RSF-4 zoning. Access and provision of adequate services must be considered as this site is at the outskirts of the city and located on a street which needs improvement. 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 in order to promote orderly and consistent development patterns making use of existing infrastructure. The rezoning is needed for the development of a single family residential subdivision as proposed by the applicant. A subdivision with this density in the R-A district could not be developed as it is currently zoned. A higher density than the R- A zoning district allows is appropriate in this area, and the 4 units per acre allowed by the requested density would provide compatibility with adjoining developments. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will potentially create additional traffic on Tackett Drive, Genevieve Avenue and other streets in the area. Several of the streets in the area are too narrow for emergency vehicle access, therefore off -site improvements would likely be necessary in order to provide safe access to this site. E 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 would increase population density. The 7.94 acre tract under an R-A, Residential Agricultural designation would allow for a maximum of 3 dwelling units (1 per 2 acres). With the proposed RSF4 designation, 31 dwelling units would be permitted. This increases the possible number of residential units, however is in keeping with existing land uses and density in the surrounding area. Engineering - The property currently has access to a 2" water line along Genevieve Avenue. An existing 8" water line is located along 54th Avenue to the east. An extension of the water mains will be required to provide water supply within any development on this property. The development will have to loop between these two existing mains to provide dual feed for the development. The site currently has access to a 6" sewer main along 541h Avenue and a 6" sewer main along Genevieve Avenue. Sewer will need to be extended within the development. Calculations may be required to show that there is adequate capacity in these 6" lines to handle the additional loading. If there is not capacity, offsite improvement will be required to provide capacity. Access will be provided along Genevieve, and Tackett. At the time of development, it will be recommended that these roadways be improved to current City of Fayetteville standards along the project frontage. Fire - Water supply with fire hydrants is needed to serve development on this site. The new fire station on Rupple Rd. will serve this site once it is constructed. Response time from the new station (#7) will be 3 minutes 05 seconds (1.7 miles). Police - Projects existing in this area already receive police services. The same level of service will be provided to this site as is currently applied to the existing city subdivisions to the north and the west. No additional equipment or personnel is needed to provide service to this area. 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 161,07 District RSF4, Residential Single- (G) Building area. On any lot the area occupied Family — Four Units Per Acre by all buildings shall not exceed 40% of the total area of such lot. (A) Purpose. The RSF4 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. (1) Permitted uses. Unit 1 Ci -wide uses by right 11 Unit 1 Single-family dwelling (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 Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family dwellings Two-family dwellin s 11 Units E2r acre 1 4 or less 7 or less (D) Bulk and area regulations. Single-family dwellings Two-family dwellin s Lot minimum width 70 ft. 80 ft. Lot area minimum 8,000 s q. ft. 12,000 sq. ft. Land area per dwelling unit 8,000 sq. ft. 6,000 sq. ft. (E) Setback requirements. Side 1 Rear IiFront Ii 25 ft. 8 ft. li 20 ft. (F) Height. None. 9 • E E ISIII1hdIItS, rI>«. Civil Engineering, Planning 8: Design January 28, 2004 Ms. Dawn Warrick, AICP Zoning & Development Administrator City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE: Sundance Subdivision (Formerly Chance & Tuggle) Dear Ms. Warrick, This letter is to request that the property owned by Susan Todd be rezoned from R-A to RSF-4. Ms. Todd is planning on selling the property to David Chance and John Tuggle to develop the property into a single-family residential subdivision consisting of 25 homes. The rezoning will be similar to the RSF-4 zoning in the surrounding area. Also, both water and sewer are available to the site. However, an 8" water main will have to be extended along West Tacket to connect to the main along 54's Street. If you have any questions or require additional information, please feel free to call. Sincerely Keystone Consultants, Inc Geoffrey H. Bates, P.E. President / Partner 3tI'l%I 2 G ?fin/t Office:479-750-2920 Fax:479-750-0953 5571 Bleaux Ave. Ste. A, Springdale, AR 72762 • P.O. Box 6485 Springdale, AR 72766 Planning Commission• • March 8, 2004 Page 65 RZN 04-02.00: Rezoning (Chance & Tuggle, pp 436) was submitted by Geoffrey Bates of Keystone Consultants, Inc. on behalf of David Chance and John Tuggle for property located at W. Tackett and Genevieve Avenue. The property is zoned R-A, Residential Agricultural, and contains approximately 7.94 acres. The request is to rezone the subject property from R-A, Residential Agricultural, to RSF-4, Residential Single-family, 4 units per acre. Hoover: Item number eleven is RZN 04-02.00 for property located at West Tackett and Genevieve Avenue. Pate: The Commissioners may recognize this property has been before us several times in a couple of different requests. The current request is to rezone the subject 7.94 acres from R-A to RSF-4, Single Family Residential, four units per acre. Just as a reminder, the property is located in west Fayetteville. It is currently vacant. Surrounding neighborhood varies from one to two acre lots to larger with the exception of a couple of different zonings within the vicinity that is a little more dense, RMF-6 and RMF-12 north of Wedington Drive. The applicant has indicated the intent to develop a single family residential subdivision on the subject property. Again, the request is to rezone the property to RSF-4. The first request in November, 2003 was to rezone the property to RT-12. The second request was an R-PZD allowing for 50 units. Based on comments at Subdivision Committee at that time the applicant withdrew that request and has now submitted the current request. Access to the site is provided by 541s Avenue and Tackett Drive and Genevieve Avenue are surrounding streets. Both of which are substandard and will likely be recommended for improvements at the time of development of the subject parcel. Staff is recommending approval of this rezoning request. It is consistent with the land use plan in this area as a residential use and it is also more consistent with the existing surrounding land uses. Hoover: Thank you Jeremy. Would the applicant come forward? Bates: Good euening''Commissioners, I'm...Geoff Bates, an engineer with Keystone Consultants. As Jeremy pointed out, we have been before you about three times now. The first time was RT-12 and we still wanted 50 units, it would've been 25 duplex lots but RT-12 allowed for 90 and that made everybody uncomfortable. We went back with a PZD for 25 duplex lots which would've been 50 units and staff thought that was too much and none of the adjoining property owners wanted duplexes anywhere near them so we scrapped the duplex idea, we cut the project in half to 25 single family lots and hopefully we can move forward this time. We have met with staff, showed them our concept plan, we've met with adjoining property owners, showed them our concept plan and talked with them and here we are. If you have any questions I would be more than happy to answer them. Planning Commission • March 8, 2004 Page 66 Hoover: Thank you. At this time we will open up this rezoning to public comment. Is there anyone who would like to address this one? Wonnacott: Hi, my name is Melissa Wonnacott, I live at 655 Genevieve. Jeremy had said that 54`s Street, Genevieve and Tackett would be improved. Do you know the time schedule on that? Right now one of my fellow neighbors went and measured the road and 54`s Street is only 16', the narrowest spot is 16' so I was just curious as to when that might be upgraded. That is my biggest concern because right now people's kids come around on 54's Street to Tackett, they are only required to do their frontage which would no address the stop sign. There have been times when I've almost hit little children coming around the stop sign because it is kind of blind and it is all covered with canopy. I have no problems with single family homes, it is much better than their initial idea but until the city has a grand scheme of widening 540' Street I don't understand how anyone could see that it would be safe to do this. I don't have a problem with the subdivision as a whole but you're not looking at the whole scheme. You can't require them to fix 54'" Street. Hoover: Jeremy, can you respond to that? Pate: At the time of development Engineering staff and Planning staff make a recommendation to the Planning Commission. Most likely we'll see a Preliminary Plat for a subdivision in this area. At that time offsite improvements are recommended to the Planning Commission who will ultimately make that determination. The person who just spoke is right. Typically those offsite improvements are adjacent to the property to allow for access. I believe the Engineering staff, with this rezoning we don't make recommendations for street improvements. However, there are basic requirements that we look at to ensure that there is access to the site. I believe there has been a recommendation that for instance we would look at an asphalt overlay or some type of improvement to get to 541h Beyond that, I don't believe we've looked at anything else. Ir Hoover: Is there any other member of the public? Hisell: I'm Don Hisell, I own two parcels of land that adjoins all of this development. If any of you all would like to see these pictures. That is the picture of the 54 ° that we see from Tackett Road right there looking north and we're trying to get out on the road. It is 16' at the narrowest part. If you get down to the bridge it is 30' wide and then it goes back to 18' all the way up to Hwy. 16. I've been there somewhere close to 15 years or better and my wife has been involved in two accidents on 541h. Both times she was hit. Cars cannot pull out on 54'h from a side street and get on their side of the road but drivers seem to think they can. I don't Planning Commission • • March 8, 2004 Page 67 have too much problem at all with expanding. I, myself see that that is the coming future. I would also like to go to New York in a big limo rather than ride on a motorcycle. We've got acre to two acre lots. All the people that are living there have wide open spaces and it seems like we are kind of jammed up if we have this expansion done. The main thing I have in my mind is what's going to come in the future if we do this. I've got one picture that I'd like for you to look at and I don't think you really want to see it from too close up. It brings tears to my eyes. This is my son who was killed in 1992 hit by a car. This is the main thing we need to keep in mind. I've got an I I year old boy. He rides his bicycle down that street. I have rode my bicycle down that street. You do not want to be caught in the middle between that bridge and Tackett Road. It puts you in harm's way. Hoover: Thank you. Is there any other member of the public that would like to address this rezoning? Seeing none, I will bring it back to the Commission. Ostner: Staff, I understand we're not requiring certain improvements at this time but on page 11.2 the staff report says "At the time of development on this site both Tackett and Genevieve would need to be improved to city standards." Is that the entire length of Genevieve or just the adjoining? Warrick: That's not been determined. Again, we talk a lot about what will happen when a property develops when we are talking about zoning because we know that typically that is going to be the follow up request. That is what we are going to consider if the Council decides to change the land use available on a piece of property. What we also have to consider is that there are certain deficiencies existing in our community right now that we can't rely on one or two particular developments to cµre. The Planning Commission is charged with placing the requirement for improvements on and off site for development projects but those improvements have to bear some sort of nexus or rough proportionality with the amount of impact that is being caused by that development.. That is the balance that we always have to try and strike when we are dealing with new development verses existing conditions. Improvements upon existing conditions very well may be necessary and required because of additional development and additional impact but it has to bear a rational nexus to the amount of impact that's being caused by a particular development. We will review that. We do look at that very seriously when projects come into the development review cycle and we bring forward to you, the Planning Commission, our best recommendations for what we feel is appropriate for infrastructure improvements. Ostner: Thank you. Planning Commission • • March 8, 2004 Page 68 Hoover: Are there other comments? Bunch: This reminds me of a development that we saw not too long ago on Mt. Comfort Road where one of the conditions of approval for the development was the widening of several streets off site to bring them up to a minimum width. I think it had to do with Rupple, Mt. Comfort intersection and considerable length of Mt. Comfort that I believe at that time it was bringing it up to a minimum 18' width. I know on this particular project we saw it before as a PZD so we had a greater amount of plans in front of us. This is just a rezoning. I will just remind the Commissioners that as this does come back we have in the recent past seen plans for considerable off site work that may have been quite a few linear feet but may not have been that much asphalt because we are looking at changing something from 16' to guaranteeing a minimum of 18'. That is the observation I wanted to bring forward at this time. Hoover: Are there other comments? Ostner: Madam Chair, the first time I saw this project the baby wasn't even here yet. I am ready to approve it. I would like to make a motion that we forward RZN 04-02.00 with a recommendation of approval to the City Council. Bunch: Second. Hoover: There is a motion by Commissioner Ostner and a second by Commissioner Bunch, is there more discussion? I guess I just want to make one comment just so the neighbors understand that when the Preliminary Plat comes through that's when they are going to discuss these improvements and we hope that you are involved then because you've made some good points. Right now we are just looking at density in general. Are there any other comments? Renee? _Roll Call: Upon the completion of iroll call the motion to recommend hpproval of RZN 04-02.00 to the City Council was approved by a vote of 9-0-0. Thomas: The motion carries nine to zero. Hoover: Thank you. We have an announcement. Church: As of Friday I will be moving out of the city limits of Fayetteville so I will have to resign my position a couple of weeks early because of that. Hoover: Thank you for your service. Announcements RZN04-02.00 CHANCE & T U G G L E Close Up View Overview 51 R-A I j ®I® IC2 pi D o RSF-4 C3 C7,' ® EN R DR CiJ 4 on 11 Q i o� La and am II 2.W0 oA OwMy Diztml —FLOODWAY WMS pM —lWYEAR Wslw b i,wl --!=YE R FieaWeyi imm umy ---LIMIT OF STUDY ® Pnnryel Ale al — — BeeeLm Pmlla Mirw Ame ul Ml ColbMr ••••H¢brc CoUc r L 1 coy Limb O Oulsom city 0 200 400 600 1200 1,600 Feet SUBJECT PROPERTY I 0 RZN04-02.00 CHANCE & T O G G L E One Mile View < � � ' y4 ' �S�N�➢ ^-ice i � - � _ftSFJ R 6 ... �, J f ���.. '� 1[S�AFIO�iSaN�6�� `7 IL Ai H o L 1 -TT�7; - •�++ i� jt MGON(fGM 0. _ qVE $t w qq 1j '21 ��I -�I. i'J �t I, T —_ - r— 1 is 2' t=1 RSF-1 . ill i , FAY[N ii[]�21'-��ll'IIA�yT�,2 i .� I- R��yyyyyylll�����I'ylylyl`--- RNF�2l �R — f1SF I TR-R I � �R# F.'iLCCC�AT-12 y �—_� I . RSFJ � `: J 1 EEE .24 NM 16_ I GT--R�R-AJ HR# W¢ 4 U2 L i ,r' .2 4 -11 2E- R-0 y� .I i'i` I WA4jyj_I I �) J I + G' R _1Rr5"FJ �It I R,q 6 l i RSF�_; �yey iii----- ftSFJ I RSF RA i < L 1— SUBJECT PROPERTY R# ♦I' --1 R RA 4 j 7 i RSFJ� S4 I,, �i--I r i._ ' -T-- - ru i._mIt i R '. _ I�.RSFJ T- 1lYFRTt10 NEr' i 1 i no �'reOGANDALOTLDR � I maRsw Overview Legend Subject Property Boundary Master Street Plan _ RZN04-02.00 r%,i Planning Area 4�1F1 Nmoiiy�WiIIII av u N:I000 i� Finapal M&ial Streets o000 Ove.tay District 4v%,#m Medal ' \. F 'atvp � C L _ I City Limits � � ooeaor outside city 0000 wswdc c0oecw 0 0.1 0.2 0.4 0.6 01 files Overview Legend Boundary Subject Property RZN01-02.00 �i Planning Area Master Street Plan 0 o ��, Freeway/Expressway o Overlay District oo_o_o Streets L _ I City Limits V Principal Arterial ^� Minor Arterial Existing Outside City .. - s , i Collector Planned - �** Historic Collector 0 200 400 800 1,200 1,600 Feet STAFF MEW FORM - NON -FINANCIAL OPGATION AGENDA REQUEST For the Fayetteville City Council Meeting of: FROM: Dawn Warrick fnni- Planning Division ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: VWX1110 CP&E Department RZN 04-02.00: Rezoning (Chance & Tuggle, pp 436) was submitted by Geoff Bates of Keystone Consultants, Inc. for property located at W. Tackett and Genevieve Avenue containing approximately 7.94 acres. The request is to approve an ordinance rezoning the subject property from R-A, Residential Agricultural to RSF-4, Residential Single Family, four units per acre. STAFF RECOMMENDATION Department Director Finance & Internal Services Dir. Approval. p Received in Mayor's Office 3 v� Date Date �,O Date IM Cross Reference: Previous Ord/Res#: Date Orig. Contract Date: y Date 3 D ate Orig. Contract Number: New Item: Yes No • H FAYETTEVILLE THE CITY OF FAYE7TEVMLE, ARKANSAS PC Meeting of November 24, 2003 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 501-575-8202 ENGINEERING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Matt Casey, Staff Engineer DATE: November 18, 2003 RZN 03-35.00: Rezoning (Chance & Tuggle, pp 436) was submitted by Geoffrey Bates of Keystone Consultants, Inc. on behalf of David Chance and John Tuggle for property located at West Tackett and Genevieve Avenue. The property is currently zoned R-A, Residential Agricultural and contains approximately 10.06 acres. The request is to rezone the property RT-12, Residential Two and Three-family: Planner: Jeremy Pate • A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion • 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. The property currently has access to an 8" water line along 54`h Avenue and a 2" water line along Genevieve Avenue. An extension of the water main will be required to provide water supply within any development on this property. The development will have to loop between these two existing mains to provide dual feed for the development. The site currently has access to a 6" sewer main along 54`h Avenue and a 6" sewer main along Genevieve Avenue. Sewer will need to be extended within the development. Calculations may be required to show that there is adequate capacity in these 6" lines to handle the additional loading. If there is not capacity, offsite improvement will be required to provide capacity. Access will be provided along Genevieve, Tackett and 54th Avenue. At the time of development, it will be recommended that these roadways be improved to current City of Fayetteville standards along the project frontage. Name Matt Casey Department Engineering K-IReponsl20031PCREPOR73111-241R7N 03-35.00 (Ownce & Tuggle)IEnginemng Cbm ents.doc ti Nov V! 03 04:13p Dwa Farrar (5* 444-3447 p.2 FAYETTEVILLE FIRE MARSHAL'S OFFICE THE CITY OF FAYETTEVILLE, ARKANSAS From Fire Prevention Bureau To: Planning Division Date REZONING ✓ ANNEXATION REZONING#03: ,OD OWNERNanecllgr4le _ ANNEXATON# OWNER LOCATION OF PROPERTY f/(% ���i ft✓/tVG NEAREST FIRE STATION AND LOCATION , ,,,,s a �j ¢Yjgy1 �f 7 inn/ �i9fP ` RESPONSE TIME FROM FIRE STATION # 7 TO LOCATION OF PROPERTY 3 MINUTES D S SECONDS. TRAVEL MILES FROM FIRE STATION # % TO LOCATION OF PROPERTY__(,?., COMMENTS ON FIRE DEPT. ACCESS/ROADWAYS raaalyAy 1�p—[bu1 gt, 5t{f,~ •T Mee c.,a lk S4c rYl�,� i2e+0u r.c4 EXISTING FIRE DRANTS? IF SO LOCATION ATER SUPPLY WITH HYDRANTS COMMENTS MAIN OFFICE ( l SUBSTATION 115 SOUTH CHURCH ST. v (501) 444-3448 / (501) 444-3449 N.W.A. MALL FAX (501) 575-8272 (501) 575-8271 FAX (501) 575-8272 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS November 18, 2003 Dawn Warrick Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Warrick, P This document is in response to the request for a determination of whether the proposed RZN 03-35.00 Rezoning (Chance & Tuggle, pp 436) submitted by Geoffrey Bates of Keystone Consultants, Inc. on behalf of David Chance and John Tuggle for property located east of College Ave, north of Township on Brophy Circle would substantially alter the population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic danger and traffic congestion. It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population density and thereby undesirably increase the load on police services or create an appreciable increase in traffic danger and traffic congestion. Sincerely, edteri rows n Fayetteville Police Department POLICE DEPARTMENT 'AYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701 ?O. BOX 1988 JAIL: 140-A WEST ROCK STREET 72701 FAYETTEVILLE, ARKANSAS 72702-1988 PHONE: 501-587-3555 FAX:501-5873522 FAYETTEV&LE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearmanz City Clerk Division Date: April 23, 2004 Re: Ordinance No. 4557 Attached is a copy of the above ordinance passed by the City Council April 20, 2004, authorizing rezoning, RZN 04-02.00, property located at West Tackett and Genevieve Avenue owned by David Chance and John Tuggle. This ordinance with attachments will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. /cbp attachments A Democrat " � s`SlSa' AFFIDAVIT OF PUBLICATION I, do solemnly swear that I am Leg I Clerk of the Arkansas Democrat-Gazette/Northwest.Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: was inserted in the regular editions on PO# c(LL��� ** Publication Charge: $ i oS 0 'q Subscribed and sworn to before me this 04 day of /tifay , 2004. Notary Public My Commission Expires: 021d 5-/101�? ** Please do not pay from Affidavit. An invoice will be sent. Official Seal SEAN-MICHAEL ARGO Notary Public -Arkansas WASHINGTON COUNTY My Commission Expires 07.25,2013 RECEIVED MAY 0 5 2004 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 9 (501) 442-1700 ORDINANCE NO. {EN7 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED C LE FOR PROPERTY LOCATED AT ST TACKETT AND GENEVIEVE AVENUE CONTAINING~,' al F" ApppGXNMTELY 7.94 ACRES FROM R-A, RESIDENTIAL AGfBCIATURAL TO RSF4. RESIDENTIAL SINGLE FAMILY. (OUR LOTS PERACRE BE, FT OIIDANIED EY THE CRY COI)mcjL OF THE CRY OF IAVETTUVRAR, ANNANSWA Section 1: T1u1 the zone dMetkoti?n of the Uawi g dffio* d Mpamy *06eoy changed as 1010� Frog! R.A. Res001bal AgdCLAIN& IU RSF4, ReslOWAIN Stele-Fw*' 4 !kite Pat Atao ae ehdwn In E tim -A- attached hereto and meth a Pert betel/. Section 2. Thai the olRtiel Zoning meP Of the City 01 Fe/taly le, Ar4nces. is hereby WrWK d to reAeat the xcN1g large pm4KW in SOCtlon 1 eho+e. PAWED wW APPROVED this the 20th day of API. 2004. APPROVED: EXHIBITOR' RZN 04-02.00 A PART OF THE E1/2 OF THE SW 1/4 OF SECTION 11, TOWNSHIP 19 NORTH. RANGE 31 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A RAILROAD SPIKE FOUND AT THE SOUTHEAST CORNER OF THE SE1/4 OF THE ST; THENCE ALONG THE SOUTHF SAID LINEOF SAID SEAM OF ECTION Al. HE SW114 NB7 THT39'25-W 160,50 FEEET, THENCE NOE'2035-E M2.21 FEET: THENCE N87049'02'W 282.63 FEET TO THE POINT OF BEGIIY411M THENCE A �� Wini RF21 TUNE S02925'121W 499.04 �E OR LESS. SUBJECT TO FACT.