HomeMy WebLinkAboutOrdinance 4665 i
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ORDINANCE NO. 4665
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AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04- 1335 FOR PROPERTY
LOCATED NORTH OF ZION ROAD, EAST OF GEORGE
ANDERSON ROAD CONTAINING APPROXIMATELY 60.37
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, four 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 4`h day of January, 2005.
APPROVED:
By:
D COODY, Mayor
ATTEST: RYC/TR flog,
O,c
By !L. =U�
SONDRA SMITH, City Clerk + : FAYETiEVILLE : "
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EXHIBIT "A"
RZN 04-1335
The South One Half (S 1/2) of the Northwest Quarter (NW 1/4)of the Northwest
Quarter (NW 1/4 )c)f Section Twenty (20) and the Northeast Quarter (NE 1/4 )of the
Northwest Quarter (NW 1/4 )of Section Twenty (20), all in Township Seventeen
North ( 17) Range Twenty-nine (29) West of the Fifth Principal Meridian in
Washington County, Arkansas, being more particularly described as follows, to-
wit:
Beginning at a found monument marking the Northeast corner of said Northeast
Quarter (NE 1/4) of the Northwest Quarter (NW 1/4); thence along the East line of said
forty acre tract, South 2°26'03" West — 1320.00 feet to the Southeast comer of said
forty acre tract; thence along the South line of said forty acre tract, North 87°31 '54"
West — 1328.81 feet to a found %2" rebar marking the Southwest corner of said forty
acre tract; thence along the South line of said South 'h of the Northwest Quarter
(NW1 /4) of the Northwest Quarter (NW 1/4), North 87°00'35" West - 1326.52 feet
to a found '/4" iron rod marking the Southwest corner of said twenty acre tract; thence
along the West line of said Section 20, North 2° 14'07" East — 659.05 feet to the
Northwest corner of said twenty acre tract; thence along the North line of said twenty
acre tract, South 87°02 '33" East — 1328.25 feet to the Northeast corner of said twenty
acre tract on the West line of said Northeast Quarter (NEI /4) of the Northwest
Quarter (NW 1 /4); thence along the West line of said Northeast Quarter (NE Y4) of the
Northwest Quarter (NW '/4), North 2'23 ' 12" East — 659.78 feet to a found iron pin
marking the Northwest corner of said forty acre tract; thence along the North line of
the Northwest Quarter of said Section 20 South 87°33 '02" East — 1329.90 feet to the
POINT OF BEGINNING, containing 60.37 acres, more or less, and subject to any
easements and/or rights-of-way, of record, or restrictions,_ if any.
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02/01 /2005 02:08:39 PM
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and !recorded in Real Estate
File ;Number 2005-00004792
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City Council Meeft of January 04, 2004 (, .!5
Agenda Item Number
CITY COUNCIL AGENDA MEMOp �'� + -r
To: Mayor and City Council
Thru : vary Dumas, Director of Operations
From: Jeremy C. Pate, Interim Zoning and Development Administrator
Date: December 16, 2004
Subject: Rezoning for Harper/Teater (RZN 04- 1335)
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 60.37 acres
of property from R-A, Residential Agricultural, to RSF-4, Residential Single Family, 4
units per acre.
BACKGROUND
The subject property contains approximately 60.37 acres of agricultural and residential
property located north of Zion Road, east of George Anderson Road. Phases of the
Copper Creek Subdivision (under construction) and several other subdivisions recently
approved for construction are located west of this subject property.
Rezoning this property to allow development of four single family dwellings per acre will
significantly increase the population density in this currently rural area. Significant
improvements to water and sewer service, as well as infrastructure to and around this site
will be required at the time of development. City fire and police currently service the
adjoining neighborhoods. It is the opinion of the Fayetteville Police Department that
while this rezoning will substantially alter the population density, it will not create an
undesirable increase on police services.
The applicant proposed a rezoning of the subject property to facilitate the future
development of a single family subdivision at a higher density than that allowed within
the RA zoning district.
The request is to rezone the subject property from RA, Residential Agricultural, to RSF-
4, Residential Single Family, 4 units .per acre.
DISCUSSION
This item was heard at the regular Planning Commission on December 13, 2004. The
Planning Commission voted 7-0- 1 in favor of the rezoning with Commissioner Ostner
voting no.
f
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04- 1335 FOR PROPERTY
LOCATED NORTH OF ZION ROAD, EAST OF GEORGE
ANDERSON ROAD CONTAINING APPROXIMATELY 60.37
ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4,
RESIDENTIAL SINGLE FAMILY, FOUR UNITS PEP =ACRE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classificationNfolowing described
property is hereby changedrasfollows:
From R-A, Residential Agricultural tolRRSFF ;Res dential Single Family, four
units per acre as shown in Exhibit "A" attached hereto and made a part hereof.
im
Section 2. That 4ik,official zoning map of the City of Fayetteville,
Arkansas, is hereby-'amen ed,to reflect the zoning change provided in
Section 1 above.
PASSED AND APPROVED this day of , 2004.
APPROVED:
By:
n DAN COODY, Mayor
ATTEST:
By:
Sondra Smith, C�fty Clerk
EXHIBIT "A"
RZN 04-1335
The South One Half (S '/2) of the Northwest Quarter (NW '/a )of the Northwest
Quarter (NW 1/a )Df Section Twenty (20) and the Northeast Quarter (NE '/4 )of the
Northwest Quarter (NW 1/4 )of Section Twenty (20), all in Township Seventeen
North (17) Range Twenty-nine (29) West of the Fifth Principal Meridian in
Washington County , Arkansas , being more particularly described as follows , to-
wit: PA
Beginning at a found monument marking the Northeastocorner roof said Northeast
Quarter (NE 1/4) of the Northwest Quarter (NW 1/4); thence alongthe%East line of said
forty acre tract, South 2°26' 03" West - 1320.00 feetto the Southeast corner of said
forty acre tract; thence along the South line of said forty acre tract, No th'87°31 '54"
West - 1328.81 feet to a found %" rebar marking the Southwest corner o of forty
- �
acre tract; thence along the South line of%said= South ''/z ,of the Northwest Quarter
(NW 1 /4) of the Northwest Quarter (NW 1/4), North�87°QO 35a' West - 132 '.52 feet
to a found '/d' iron rod marking the Southwest comer ofsaid twenty acre tract; thence
along the West line of said Section 20, North 2° 14'0,„East - 659.05 feet to the
Northwest comer of said twenty acre trra t;,thence along the�North line of said twenty
acre tract, South 87'02' 33 " East - 1328:25, feet to the Northeast
comer of said twenty
acre tract on the West line of said Northea t Quarter (NEl 4) of the Northwest
� -*
Quarter (NW 1/4); thence along the West line of said No rtheast Quarter (NE 1/4) of the
Northwest Quartewr NNW' d/o), North 2023'2" East - 659.78 feet to a found iron pin
marking the Northwest corner of said fortyacre tract; thence along the North line of
the Northwe Quarter of s Section 20 South 87°33 ' 02" East - 1329.90 feet to the
POINT OF BEG � GA'6ntaining 60.37 acres, more or less, and subject to any
easements and/or rights-of-wayzof r aid, or restrictions, if any.
PC Meeting of December 13 , 2004
ARKANSAS
THE CITYSSSS OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Associate Planner
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: December 7, 2004
RZN 04-1335: (HARPER/TEATER, 101): Submitted by MICHELE, A HARRINGTON for
property located at 5513 GEORGE ANDERSON. The property is in the Planning Area and
contains approximately 60.37 acres. The request is to rezone the subject property to RSF4,
Residential Single-family, 4 units per acre.
Property Owner: CRAIG & KARYN HARPER
Property Owner: VERL TEATER Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
PL'ANNINGzCOMMISSION ACTION ' Required YES
,r,
^ e x h
. ; 3 96 Approved O Dented ' 1
Date , December l3;2004 f -- p-.
CITY COUNCIL ACTION equired , =,YES 4
Approved O Denied s
Date January 04 2004 (l-` reading tf `recotnmeaded) j
BACKGROUND:
Property description: The subject property contains three tracts of property totaling 60.37 acres.
The property is located north of Zion Road and east of George Anderson Road. Copper Creek
Subdivision and a small tract of approximately 2 acres recently annexed and rezoned abut the
property to the west. At this time, the subject property is used for agricultural purposes and
pasture with at least one single family home located on the property:
Proposal: The applicant intends to develop a single family residential subdivision.
Request: The applicant is requesting the property be rezoned from R-A, Residential Agricultural,
to RSF4, Residential Single Family, 4 Dwelling Units per Acre, should the preceding
annexation request be approved.
K. IReporL620041PC Repor1r112-13-04VZZN 04-1335 (Harper-Teater).doc
Related Issues: When property is annexed into the City, it is annexed as R-A Residential
Agricultural. If the annexation is recommended for approval to City Council, the applicant would
like to rezone the 60.37 acres to RSF4, Residential Single Family, 4 Units per Acre. The annexation
request, ANX 04-1334, is an accompanying item to this rezoning request.
Recommendation: Staff recommends approval of the rezoning request. Future changes or
additional development on this site will be regulated by the city allowing for a more uniform and
consistent development pattern.
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North Single family homes on large lots Planning Area
South Single family homes on large lots Planning Area
East Vacant/Pasture Planning Area
West Vacant (Copper Creek under construction RSF-4, Residential Agricultural
INFRASTRUCTURE: .
Streets: The site has frontage on George Anderson, Zion, and Butterfield Coach Roads.
At the time of development, these streets will need to be brought up to current
standards along the property frontage. These improvements include right-of-way
dedication, pavement, curb and gutter, sidewalks and storm drainage.
Surrounding Master Street Plan Streets:
North: Howard Nickle Road (Collector) — Currently a Private Drive
South: Zion Rd (Collector)
East: Butterfield Coach Road (Minor Arterial)
West: George Anderson Rd. (Collector)
Water: The site currently does have access to public water. The nearest water main is a 3" ,
waterline along Zion Road and a 2" waterline along Butterfield Coach Road:
Substantial improvements will be required to serve any development within this
property. This includes main extensions to create a looped system. Water service-
will also need to be extended within the property at the time of development.
Sewer: The site does not have access to sanitary sewer. There is an 8" sewer main across
George Anderson Road to the west. A capacity analysis of the sewer lines
downstream of the site shall be conducted prior to development. The sanitary
sewer service will need to be extended within the property at the time of
development.
Fire: The subject property is located approximately 4. 1 miles from the Fire Station #4.
Response time to the property is approximately 11 - 12 minutes and a projected 9-
11 minutes response time at maximum build-out.
K.Weporis120041PC Reporls112-13-04WZN 04-1335 (Harps-Teater).do
Police: It is the opinion of the Fayetteville Police Department that this rezoning will
substantially alter the population density however it will not create an undesirable
increase on police services. This annexation will increase our response time to
calls for service because this property is on the very outer fringes of our current
service area. Copper Creek and Stonewood subdivisions are of similar size and in
the immediate area of this proposed annexation. We currently provide services to
those subdivisions without undue burden on resources. We do recommend that
the road system be improved on Zion Road to accommodate the increased traffic
and emergency response.
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to RSF-4 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 RSF-4 zoning for a Single family residential use is compatible
with adjacent and nearby single family residential land use. The General
Plan designates this area for residential use, which is compatible with the
proposed RSF-4 zoning. Access and provision of adequate services is
currently being extended with the development of adjacent properties.
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 in order to promote orderly and consistent
development patterns making use of existing infrastructure. The rezoning is
also needed for the development of a single family subdivision as proposed by
the applicant. A subdivision with density compatible to those surrounding
subdivisions within the City could not be developed as it is currently zoned.
A higher density than the R-A zoning district is appropriate in this area, and
would provide compatibility with adjoining developments that are zoned
RSF-4 and currently being developed within .residential subdivisions.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will provide additional traffic on all adjacent streets.
All of the streets surrounding the subject property are identified on the
Master Street Plan as either collector or minor arterial and will be able to
carry high volumes of traffic when improved at the time of development.
K.'IRepons12004NC ReporlsU2-13-04V?ZN 04-1335 (Harpy-Tealer).doc
result in an appreciable increase in the level of traffic danger and congestion
in the area, although improvement to Zion Road at the time of development
is requested to improve response time.
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 60.37-acre
tract under an R-A, Residential Agricultural designation would allow for a
maximum of 30 dwelling unit (1 per 2 acres). With the proposed RSF-4
designation, 240 dwelling units would be permitted, with a projected total of
528 future residents in this area. Rezoning the property significantly
increases the possible number of residential units and population, but is
consistent with land use and zoning in the immediate vicinity.
Increased load on public services were taken into consideration and
recommendations from Engineering, Fire, and Police Departments are
included in this report.
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
K.IReportst2004NC ReporisU2-13-04VtZN 04-1335 (Harps-Teater).doc -
161.03 District R-A, Residential-Agricultural 161.07 District RSF-4, Residential Single-
Family — Four Units Per Acre
(A) Purposes. The regulations of the agricultural
district are designed to protect agricultural land (A) Purpose. The RSF-4 Residential District is
until an orderly transition to urban development designed to permit and encourage the development
has been accomplished; prevent wasteful scattering of low density detached dwellings in suitable
of development in rural areas; obtain economy of environments, as well as to protect existing
public funds in the providing of public development of these types.
improvements and services of orderly growth;
conserve the tax base; provide opportunity for (B) Uses.
affordable housing, increase scenic attractiveness;
and conserve open space. (1) Permitted uses.
(B) Uses. i Unit 1 Ci -wide uses b right
1 Permitted uses. Unita Sin le-famil dwellin
Unit 1 City-wide uses by right
Unit 3 Public protection and utility facilities
Unit Agriculture
Unit 7 Animal husbandry
Unit 8 Single-familydwellings (2) Conditional uses.
Unit 9 Two-family dwellings
Unit 37 . Manufactured homes Unit 2 City-wide uses by conditional use permit
- Unit 3 Public protection and utility facilities
(2) Conditional uses. Unit 4 Cultural and recreational facilities
Unit 2 City-wide uses by conditional use ermit Unit 9 Two-familydwellings -
Unit 4 . Cultural and recreational facilities Unit 24 Home occu ations
Unit 20 Commercial recreation, Is a sites Unit 36 - Wireless communications facilities
Unit 24 Home occupations -
Unit 36 Wireless communications facilities (C) - Density.
(C p Deni Single-family Two-family
Units per acre One-half dwellings dwellings
Units er acre 4 or less 7 or less
D Bulk and area regulations.
(D) Bulk and area regulations.
Lot width minimum 200 ft.
Lot Area Minimum:
Residential: 2 acres Single-family Two-family
Nonresidential: 2 acres dwellings dwellings
Lot area per dwelling unit 2 acres Lot minimum width 70 ft. 80 ft.
Lot areaminimum8,000 sq. ft. 12,000 sq. ft.
Land area per 8,000 sq. ft. 6,000 sq. ft.
dwellin unit
(E) Setback requirements.
(E) Setback requirements.
Front I Side I Rear
35 ft. 1 20 ft. 1 35 ft. FrontSide Rear
11 25 ft. 8 ft. 20 ft.
(F) Height requirements. There shall be no _
maximum height limits in the A-1 District, (F) Height. None.
provided, however, that any building which
exceeds the height of 15 feet shall be setback from (G) Building area. On any lot the area occupied
any boundary line of any residential district a by all buildings shall not exceed 40% of the total
distance of 1 .0 foot for each foot of height in area of such lot.
excess of 15 feet. Such setbacks shall be measured
from the required setback lines.
(G) - Buildingarea. None.
K:IReportsl2004TC ReportsII2-13-04tRZN 04-1335 (Harps-Teater)-doc . -
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