HomeMy WebLinkAboutOrdinance 4671 i
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ORDINANCE NO. 4 6 71
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04- 1330 FOR PROPERTY
LOCATED ON THE WEST SIDE OF RUPPLE ROAD
CONTAINING APPROXIMATELY 19.84 ACRES FROM RSF- 1 ,
RESIDENTIAL SINGLE FAMILY, ONE UNIT PER ACRE 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 RSF,- 1 , Residential Single Family, One Unit Per Acre
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 18`h day of January, 2005 .
APPROVED:
By: _
DAN COODY, Mayor
ATTEST: i�JIM111 n
e%4 . * Woo .
By: ;v , • tea
SO DRA SMITH, City Clerk = ; FAYETTEVILLE;
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII "uuu,uua
Doc ID : 008123870002 Tvoe : REL
Recorded : 02/01/2005 at 02 : 15 : 18 PM
Fee Amt : 511 . 00 Pace 1 of 2
Hashinoton County . AR
Bette stamos circuit clerk
Fi1e200540004797
EXHIBIT "A"
RZN 04- 1330
PART OF THE NW '/4 OF THE NE %4 OF SECTION 12 IN T16N, R31W IN
WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS : BEGINNING AT THE NW CORNER OF SAID NW '/4, NE
'/4 THENCE N89059' 3317E 1297.93 FEET, THENCE ALONG A CURVE TO THE LEFT
110. 81 FEET, SAID CURVE HAVING A RADIUS OF 315 .00 FEET AND A CHORD
BEARING OF S0905714019W 110.24 FEET, THENCE S0000710199E 223 .90 FEET,
THENCE N89056' 569'W 852.75 FEET, THENCE S0000613551E 2.76 FEET, THENCE
N89058 ' 5633W 421 .61 FEET, THENCE N00051 '0499W 334.22 FEET TO THE P.O.B .
CONTAINING 9.77 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT
OF WAY OF RECORD.
Also:
PART OF THE SW '/4 OF THE SE '/4 OF SECTION 1 , T16N, R31 W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS : COMMENCING AT THE SW CORNER OF SAID SW 1/4, SE '/4 THENCE
N89059133"E 423.06 FEET, THENCE N0000211511W 60.00 FEET TO THE P.O.B.,
THENCE N00°02' 15"W 642.37 FEET, THENCE N89°57 ' 15"E 700.30 FEET, THENCE
S00000104"W 253 .08 FEET, THENCE N89056158"W 28.39 FEET, THENCE S0000111 197W
389.78 FEET, THENCE S89059'33"W 671 .35 FEET TO THE P.O.B. ; CONTAINING 10.07
ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF
RECORD.
v67 /
City Council Mee ng of January 04, 2005 096
t � i
Agenda
Item Numbe;gZivoV433o!
CITY COUNCIL AGENDA MEMO ,��rs(oe %e
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
From: Jeremy C. Pate, Interim Zoning and Development Administrator
Date: December 15, 2004
Subject: Rezoning for Dunnerstock Development (RZN 04- 1330)
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 19. 88 acres
of property from RSF- 1 , Residential Single Family, 1 unit per acre to RSF-4, Residential
Single Family, 4 units per acre.
BACKGROUND
Property description: The subject property consists of approximately 19. 88 acres that
was annexed in August, 2004 as part of the City Council 's decision to annex all
unincorporated areas surrounded by city limits (islands). The subject property was part of
a 254-acre unincorporated area along Rupple Road, north and south of Mt. Comfort
Road. At the time of annexation, this area was zoned primarily to RSF- 1 , Residential
Single Family, 1 DU/Acre, the ordinance citing that the highest and best use of the lands
in question were not for agricultural or horticultural purposes. A portion of the island was
zoned to R-A, Residential Agricultural, primarily that which is still utilized for cattle
grazing and other agricultural purposes. This specific property is located east of
Bridgeport S/D and Willow Springs SID, west of existing large residential lots that front
onto Rupple Road. Surrounding properties are zoned RSF-4 and RSF- 1 and are
developed, or being developed, as single residential homes. Bridgeport S/D Phases 7 & 8
are north and west of the property and the adjacent tract to the west was very recently
rezoned from RSF- 1 to RSF-4 in a similar manner (Hoskins).
Proposal: The applicant proposes 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 RSF- 1 zoning district.
Request: The request is to rezone the subject property from RSF- 1 , Residential Single
Family, 1 DU/Acre to RSF-4, Residential Single Family, 4 units per acre.
DISCUSSION
This item was•heard at the regular Planning Commission on December 13, 2004. Public
comment included the anticipated increase in traffic, Rupple Road improvements with
development at a future date, retention of perimeter trees and the establishment of a POA
and protective covenants. Off-site street improvements are to be evaluated at the time of
ZeFf on Znd v�11n9
• City Council Mele l"ng of January 04, 2005
Agenda Item Number
development, however staff feels that off-site street improvements to potentially include a
proportionate bridge improvement assessment on Rupple Road is warranted should full
build-out of this property occur in the future. The Planning Commission voted 8-0-0 to
recommend approval of the rezoning request to the City Council .
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04- 1330 FOR PROPERTY
LOCATED ON THE WEST SIDE OF RUPPLE ROAD
CONTAINING APPROXIMATELY 19.84 ACRES FROM RSF- 1 ,
RESIDENTIAL SINGLE FAMILY, ONE UNIT PER ACRE TO
RSF-4, RESIDENTIAL SINGLE FAMILY, FOURUNITS PER
ACRE. lAl\
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS: / � \\
Section 1 : That the zoneclassification of the follow, ing described
property is hereby changed-a\llows.N \l) /%
From RSF-1 , Residential Single Family, ne Unit Per Acre 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,
W
Arkansas, is hereby am\evded to reflect';the zoning change provided in
Seccttion_ l ,above. v
PASSED AND APPRO,V�,ED this /)/day of , 2004.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
Sondra Smith, City Clerk
0
EXHIBIT "A"
RZN 04-1330
PART OF THE NW '/4 OF THE NE '/4 OF SECTION 12 IN T16N, R31W IN
WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS : BEGINNING AT THE NW CORNER OF SAID NW 1/4, NE
'/4 THENCE N89059'33"E 1297.93 FEET, THENCE ALONG A CURVE TO THE LEFT
110. 81 FEET, SAID CURVE HAVING A RADIUS OF 315 .00\E AND A CHORD
BEARING OF S09°57'40"W 110.24 FEET, THENCE/ 907' 01 "E S66315 .00\/FEET
00223 .90 FEET,
THENCE N89056' 567W 852.75 FEET, THENCE0�6\35"E 2>76FEET, THENCE
N89058 ' 56"W 421 .61 FEET, THENCE N00051'04"W 334.22 FEET\T THE P.O.B.
CONTAINING 9.77 ACRES MORE OR LESS SU JEECT TxTSO•EASEMENA D RIGHT
OF WAY OF RECORD.
Also: x
PART OF THE SW '/4 OF THE SE '/�\TION 1 , T16N; R3 IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS : COMMENCING AT THE S\C ORNER OFjSAID SW '/4, SE % THENCE
N89059'33"E 423 :06 FEET, THENCE N00002115"W 60.00 FEET TO THE P.O.B.,
THENCE N0000251--5"W 642 37/FEET, THENCE-N89°57' 15"E 700.30 FEET, THENCE
S00000'04"W-253 .08 FEET;THENCE N89,°56%58"W 28.39 FEET, THENCE S00001 ' 11 "W
389.78�FEET, THENCE S89059733"W 671 .35 FEET TO THE P.O.B.; CONTAINING 10.07
ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF
RECORD.
ITi
�, V 11�� PC Meeting of December 13 , 2004
y An KANSAS
THE CITY OF FAYETTEVILLE . ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Senior Planner
Matt Casey, Staff Engineer
THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator
DATE: December 09, 2004
RZN 04-1330: (DUNNERSTOCK DEVELOPMENT, INC., 361/400): Submitted by DAVE
JORGENSEN for property located at THE W SIDE OF RUPPLE ROAD, N OF WEDINGTON
DRIVE. The property is zoned RSF- 1 , SINGLE FAMILY - 1 UNIT/ACRE and contains
approximately 19.88 acres. The request is to rezone the subject properties to RSF-4, Residential
Single-family, 4 units per acre.
Property Owner: MARK FOSTER DUNNERSTOCK DEVELOPMENT,
Property Owner: O.E. LUTTRELL Planner: JEREMY PATE
RECOMMENDATION:
Staff recommends approval of the requested rezoning, based on the findings included as
part of this report.
PLANNING COMMISSION ACTION: Required YES
Date: December 13. 2004 dApproved O Denied
64-0
CITY .COUNCIL ACTION: Required YES
O Approved O Denied
Date: January D4,2005 (1st reading if recommended)
Comments:
K:IReports12004WC Repora112-13-04V1ZA' 04-1330 (Dunnvswk).doc
BACKGROUND:
Property description: The subject property consists of remnant agricultural fields, a significant
drainage tributary with stand of large trees and a few residential and accessory structures. The
two tracts were recently annexed as part of the City Council's decision to annex all
unincorporated areas surrounded by city limits (islands). The subject property was part of a 254-
acre unincorporated area along Rupple Road, north and south of Mt. Comfort Road. At the time
of annexation, this area was zoned primarily to RSF- 1 , Residential Single Family, 1 DU/Acre,
the ordinance citing that the highest and best use of the lands in question were not for agricultural
or horticultural purposes. A smaller portion of the island was zoned to R-A, Residential
Agricultural, primarily that which is still utilized for cattle grazing and other agricultural
purposes. This specific property is located east of Bridgeport S/D and Willow Springs S/D, west
of existing large residential lots fronting onto Rupple Road. Surrounding properties are zoned
RSF-4 and RSF- 1 and are developed, or being developed, with single family residential homes.
Bridgeport S/D Phases 7 & 8 are north and west of the property and the adjacent tract to the west
was very recently zoned from RSF- 1 to RSF-4 in a similar manner (Hoskins).
Proposal: The applicant proposes 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 RSF-
1 zoning district.
Request: The request is to rezone the subject property from RSF- 1 , Residential Single Family, 1
, . DU/Acre to RSF-4, Residential Single Family, 4 units per acre.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Agricultural land, single family RSF- 1 , Res. Single Family, 1 DU/acre
homes
South Vacant RSF-4, Res. Single Family, 4 DU/acre
Single family homes RT- 12, Res. 2 & 3 Family, 12 Du/acre
East Single family homes, large lots RSF- 1 , Res. Single Family, 1 DU/acre
West Bridgeport S/D (SF homes) RSF-4, Res. Single Family, 4 DU/acre
Willow Springs S/D SF homes) RT- 12, Res. 2 & 3 Family, 12 Du/acre
INFRASTRUCTURE:
Streets: Currently the site has access to Rupple Road and a stub-out of Plum Tree Drive,
from Willow Springs S/D. An existing 60-foot access easement allows for access
west from Rupple Road into the interior of the property. At the time of
development, Rupple Road will need to be brought up to current standards along
the property frontage, and adequate access into the development will be required.
The bulk of the property does not have actual street frontage, thus the amount of
improvements typically required along the frontage will likely not offset those _ .
K:IReporfsU004V'C Repor1sV1-13-04V?ZN 04-1330 (Dunnerstock).doc
needed to facilitate the impact of the proposed development, if developed at its
maximum proposed density. Should the development proposed necessitate other
off-site street improvements as required by city code along Rupple Road, a sub-
standard street, recommendations will be made at that time. Depending upon the
de :lopment proposed, a traffic study may be required.
Water: The property has access to an 8" water main in the Willow Springs S/D to the
south and a 6" main along Rupple Road to the east. This main should be
sufficient to provide service to most developments that could occur on the site.
An extension of the water main will be required to provide water supply and fire
protection within any development on this property.
Sewer: The site currently has access to an 8" sewer line along Plum Tree Drive to the
south. A sewer main extension will need to be constructed to provide service to
any development on this site. A capacity analysis may need to be conducted to
verify line/lift station capacity before the extension will be allowed.
Fire: The subject property is located 0.8 miles from Fire Station #7 on Rupple Road.
Fire response time is approximately 3 minutes.
Police: 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.
LAND USE PLAN: The Future Land Use Plan designates this site for Residential use. Rezoning
this property to RSF-4 is consistent with the land use plan and is 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 rezoning is consistent with land use planning objectives,
principles, and policies and with land use and zoning plans. Surrounding
properties are residential and agricultural in nature, and development of
new subdivisions is occurring to the north and west, along with existing
developed single family homes to the west, southwest and east. Bordering the
southern tract to the west are the backs of lots that within the same zoning
district as that requested, creating a compatible and harmonious land use.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
K:IReports120041PC Reporu112-13-04V?ZN 04-1330 (Dunnestock).doc
rezoning is proposed.
Finding: The proposed zoning is justified and needed in order to allow for a similar
density and lot configuration as those single family residential neighborhoods
developed to the south, west and northwest.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The site currently has access to Rupple Road, and a street connection to this
arterial will be required for development of the subject property to allow for
adequate access. Additionally, a stub-out from Willow Springs S/D to the
south allows for another access point for this property. Connectivity in the
form of street stub-outs will be expected in all cardinal directions, where
deemed necessary and practical to ensure a safe and adequate means of
access, allowing for traffic to disperse in a maximum number of ways. A
traffic study may be required with future development.
Police — It is the opinion of the Fayetteville Police department that an appreciable
increase and traffic danger and congestion will not be created by this
rezoning request, as reviewed with the adjacent rezoning request.
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 alter the population density in the area, though
not in such a way as to undesirable affect public services with proper
development regulations in place. With the proposed density, a maximum of
79 dwellings units would be permitted, with a projected total of 205 future
residents in the area, should the property be developed at its maximum
capacity. Future development on the site will require off-site street
improvements and shall conform to zoning and development standards of the
Unified Development Code. Public service providers have responded
accordingly:
Police — Individually, this rezoning will not substantially alter the population density
thereby undesirably increasing the load on police services. Cumulatively,
development in this area of the City continues to have an increased demand on
police services and traffic congestion.
Fire — Response time to the subject property (actual drive time) is approximately 3
minutes (approx. 0.8 miles) from station #7 on Rupple Road.
K.Teportt11004PC Reponv111-13-041RZN 04-1330 (Dunnastock).doc
Engineering - Currently the site has access to Rupple Road and Plum Tree Drive. Off-site
improvements at minimum will be required along the frontage of the property.
Due to the unique nature of this site, with a large portion of the property lacking
frontage onto a public street, additional off-site improvements to Rupple Road
will likely be required, based on the development proposed. A traffic study may.
also be required to determine the potential impact on surrounding public streets.
The property has access to an 8" water main in the Willow Springs S/D to the
south and a 6" main along Rupple Road to the east. This main should be
sufficient to provide service to most developments that could occur on the site.
An extension of the water main will be required to provide water supply and fire
protection within any development on this property.
The site currently has access to an 8" sewer line along Plum Tree Drive to the
south. A sewer main extension will need to be constructed to provide service to
any development on this site. A capacity analysis may need to be conducted prior
to development to verify line/lift station capacity before the extension will be
allowed.
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.IReporu11004WC Reporu111-13-04WZN 04-1330 (Dnnno-slock).doc
161,05 District Rsf-1, Residential Single- 161.07 District Rsf4, Residential Single-
Family — One Unit Per Acre Family — Four Units Per Acre
(A) Purpose. A district having single-family (A) Purpose. The RSF4 Residential District is
detached residences on lots with a minimum size of designed to permit and encourage the development
one unit per acre. The district is designed to of low density detached dwellings in suitable
permit and encourage the development of very low environments, as well as to protect existing
density detached dwellings in suitable development of these types.
environments, as well as to protect existing
development of these types. (B) Uses.
(B) Uses. ( 1) Permitteduses.
(1 ) Permitted uses. Unit 1 Ci -wide uses by right
11 Unita 1 Sin le-famil dwellin
Unit 1 Ci -wide uses by right
Unita 1 Single-family dwellings (2) Conditional uses.
(2) Conditional uses. Unit 2 City-wide uses by conditiEfacilities
permit
Unit 3 Public protection and utili
Unit 2 City-wide uses b conditional use ermit Unit 4 Cultural and recreational
Unit 3 Public protection and utility facilities Unit 9 Two-family dwellings
Unit 4 Cultural and recreational facilities Unit 24 Home occupations
Unit 24 Home occupations Unit 36 Wireless communications facilities
Unit 36 Wireless communications facilities
(C) Density.
(C) Density.
Single-family Two-family
Units per acre 1 dwellings dwellin s
11 Units per acre 1 4 or less 7 or less
(D) Bulk and area regulations. (D) Bulk and area regulations.
Lot width minimum 1 150 ft.
Lot area minimum 43,560 sq. ft. 1 acre dwellings ry Two-family
dwellings dwellin s
Land area per dwelling unit 1 43,560 sq. ft. 1 acre Lot minimum width 70 ft. 80 ft.
Lot area minimum 8,000 sq. ft. 12,000 sq- ft.
(E) Setback requirements. Land area per 8,000 sq. ft. 6,000 sq. ft.
dwelling unit
11 Front Side 1 Rear . +
(E) Setback requirements.
11 35 ft. 20 ft. 35 ft. � -
(F) Height regulations. Front Side Rear
25 ft. 1 8 ft. 20 ft.
11 Maximum building height 35 ft. (F) Height. None.
(G) Building area. None. ,
(G) Building area. On any lot the area occupied
(Code 1965, §160.44; Ord. No. 3792, §4, 5-17-94; Ord. No. 4100, §2 by all buildings shall not exceed 40% of the total -
(Ex. A), 6-16-98) area of such lot.
KJRepore;120041PC ReportrU2-13-041RZN 04-1330 (Dunnarstock).doc