HomeMy WebLinkAboutOrdinance 4689 oc I0 : 008454850002 TREL
04 :
Recorded : 05/06/2005 at 04 : 02 : 40 PM
Fee Amt : $11 . 00 Pace 1 of 2
Hashlnoton Countv . AR
Bette Stamoe Circuit Clerk
ORDINANCE NO.
4659 F11e2005-00019487
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1366 FOR PROPERTY EAST
OF SALEM ROAD, NORTH OF CRYSTAL SPRINGS
SUBDIVISION PHASE I, CONTAINING APPROXIMATELY
10.00 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 5h day of April, 2005 .
APPROVED:
_0 • C
BY
: FAYETTEVILLE :
'�.• q DAN COODWMayor
%9s•• RKANSP Jam,:
ATTEST: ;y�N�ill TOkNto�`��
By: &6&42
SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 05-1366
A PARCEL LOCATED IN THE NE '/< OF THE NW '/4 OF SECTION 32, TOWNSHIP 17
NORTH, RANGE 30 WEST, DESCRIBED AS COMMENCING AT THE NORTH
QUARTER CORNER OF SAID SECTION; SAID POINT BEING A FOUND STONE AND
THE POINT OF BEGINNING.
THENCE S02058927W 327.84 FEET TO A POINT ON THE EAST BOUNDARY OF
SAID 40 ACRE TRACT; SAID POINT BEING THE NORTHEAST CORNER OF
CRYSTAL SPRINGS PHASE I, TO THE CITY OF FAYETTEVILLE, ARKANSAS AS
FILED IN CIRCUIT CLERKS OFFICE OF WASHINGTON COUNTY, ARKANSAS;
THENCE ALONG NORTH BOUNDARY SAID SUBDIVISION N87°35 ' 16"W 1327. 14
FEET TO THE WEST BOUNDARY SAID FORTY; THENCE NO2°23'44"E 327.82 FEET
TO THE NORTHWEST CORNER SAID FORTY;
THENCE S87°35 ' 16"E 1330.45 FEET TO THE POINT OF BEGINNING CONTAINING
10.00 ACRES MORE OR LESS, WASHINGTON COUNTY, ARKANSAS .
Washington County, AR
I certify this instrument was filed on
05/0812005 04:02:40 PM
and recorded in Real Estate
File Number 2005-00019487
Bette Stamps- Circuit Clerk
13 by l - -
City Council M*ng of March 15, 2005 N�1b145
Agenda Item Number &/( 1366
CITY COUNCIL AGENDA MEMO Pt„ <Lik �r�ngs
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: February 24, 2005
Subject: Rezoning for Wilkins (RZN 05- 1366)
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 10.0 acres
of property from R-A, Residential Agricultural, to RSF-4, Residential Single Family, 4
units per acre.
BACKGROUND
The subject property contains one 10.0-acres parcel owned by GN Development, LLC. It
is located south of Kenwood Hills Subdivision and north of Crystal Springs Subdivision,
Phase I in northwest Fayetteville. At this time, the property is currently vacant.
Rezoning this property to allow development of four single family dwellings per acre will
not significantly increase the population density in this area. This property is uniquely
situated between two established single family subdivisions, with the northern
subdivision in the Planning Area and the southern development within the City.
Development of this property for residential use at four units per acre is consistent with
the surrounding development. It is the opinion of the Fayetteville Police Department that
this rezoning will not substantially alter the population density, nor will it create an
undesirable increase on police services. Improvements to water and sewer service, as
well as construction of infrastructure adjacent to and within this site will be required at
the time of development.
The applicant proposed a rezoning of the subject property to facilitate the future
development of a residential area at a higher density than that allowed within the R-A
zoning district. The request is to rezone the subject property from R-A, Residential
Agricultural, to RSF-4, Residential Single Family, 4 units per acre.
DISCUSSION
This item was heard at the regular Planning Commission on February 14, 2005. The
Planning Commission voted 9-0-0 to forward this item to the City Council with a
recommend in favor of the rezoning.
BUDGETIMPACT
None.
s�68 S
Lt/forr yht final rtao'�g1 /�S/25
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1366 FOR PROPERTY EAST
OF SALEM ROAD, NORTH OF CRYSTAL SPRINGS
SUBDIVISION PHASE I, CONTAINING APPROXIMATELY
10.00 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 day of 2005.
\ APPROVED:
By:
DAN COODY, Mayor
c'
ATTEST:
By. y
Sondra Smith, City Clerk
EXHIBIT "A"
RZN 05-1366
A PARCEL LOCATED IN THE NE '/< OF THE NW /40F SECTION 32, TOWNSHIP 17
NORTH, RANGE 30 WEST, DESCRIBED AS COMMENCING AT THE NORTH
QUARTER CORNER OF SAID SECTION; SAID POINT BEING A FOUND STONE AND
THE POINT OF BEGINNING.
THENCE S0205812751W 327. 84 FEET TO A POINT ON THE EAST BOUNDARY OF
SAID 40 ACRE TRACT; SAID POINT BEING THE NORTHEAST CORNER OF
CRYSTAL SPRINGS PHASE I, TO THE CITY OF FAYETTEVILLE, ARKANSAS AS
FILED IN CIRCUIT CLERKS OFFICE OF WASHINGTON COUNTY, ARKANSAS;
THENCE ALONG NORTH BOUNDARY SAID SUBDIVISION N87035 ' 16"W 1327. 14
FEET TO THE WEST BOUNDARY SAID FORTY;THENCE NO2023 '44' E 327.82 FEET
TO THE NORTHWEST CORNER SAID FORTY; A
THENCE S87035 ' 16"E 1330.45 FEET TO THE POINT OF BEGINNING CONTAINING
10.00 ACRES MORE OR LESS, WASHINGTON COUNTY, ARKANSAS.
� J
V
r •
PC Meeting of February 14, 2005
ARKANSAS
666777 125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Associate Planner
THRU: Jeremy Pate, Interim Zoning & Development Administrator
DATE: February 9, 2005
RZN 05-1366: (WILKINS, 245): Submitted by MEL MILHOLLAND for property located at
EAST OF SALEM ROAD, NORTH OF CRYSTAL SPRINGS SUBDIVISION. The property is
zoned R-A, Residential Agricultural and contains approximately 10.00 acres. The request is to
rezone the subject property to RSF-4, Residential Single-family, 4 units per acre.
Property Owner: GN Development, LLC Planner: Suzanne Morgan
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
PLANNING COMMISSION ACTION: Required YES
0 Approved r t O Denied
Date: February 14, 2005 �afW/Mrox
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: March 15, 2005 (1st reading if recommended)
BACKGROUND:
Property description: The subject property contains one 10.0-acres parcel located south of
Kenwood Hills Subdivision and north of Crystal Springs Subdivision, Phase I in northwest
Fayetteville. At this time, the subject property is currently vacant and zoned R-A, Residential
Agricultural.
Proposal: The applicant intends to develop the property for residential use. Therefore, the applicant
is requesting the property be rezoned from R-A, Residential Agricultural, to RSF-4, Residential
Single Family, 4 Dwelling Units per Acre, should the preceding annexation request be approved (see
attached letter from the applicant' s representative).
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
K:IRepom120051PC ReporU102-14-05WN 05-1366 (Wilkins).doc
like to rezone the 10.0 acres to RSF-4, Residential Single Family, 4 Units per Acre. The annexation
request, ANX 05- 1365, 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 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 residential RSF-4, Residential Agricultural
East Vacant/Pasture Planning Area
West Single family homes on large lots Planning Area
INFRASTRUCTURE:
Streets: Currently the site has access to Salem Road. At the time of development, this
street will need to be brought up to current standards along the property frontage.
These improvements may include, right-of-way dedication, pavement, curb and
gutter, storm drainage and sidewalks.
Surrounding Master Street Plan Streets:
North: W. Salem Rd. (Collector)
South: Gypsum Dr. (Collector)
East: Raven Ln. (Collector — not constructed)
West: Salem Rd. (Collector)
Water: The site currently does not have access to public water. The nearest water main is
an 8" main to the south in Crystal Springs Phase I. Water service will need to be
extended to and within the property at the time of development. Additional
connections may be required to complete looped systems.
Sewer: The site currently does not have access to sanitary sewer. An off-site sewer main
extension will be required to serve this development. There is an 8" sewer main to
the south. A capacity analysis of the sewer lines and/or lift stations downstream
of the site shall be conducted prior to development.
Fire: The subject property is located approximately 2.7 miles from the Fire Station V.
Response time to the property is approximately 7 minutes, with a projected
response time of 8 minutes at full build-out.
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
K.MeportsV2005iPC Reporis102-14-051R7.N 05-1366 Ofilkiw).do
0 1 •
on police services or create and appreciable increase in traffic danger and
congestion in the area.
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.
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. A subdivision
with density compatible to those surrounding subdivisions within the City
could not be developed as itis 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.
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.
Four streets surrounding the subject property are identified on the Master
Street Plan as collector streets. Currently, Gypsum Drive dead-ends to
vacant property to the east and Raven Lane is not constructed. However,.
Salem Rd. and West Salem Road are accessible and will be able to carry`high '
volumes of traffic when improved at the time of development. The
Fayetteville Police Department finds that rezoning this property will not
result in an appreciable increase in the level of traffic danger and congestion
in the area.
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.
K:IReporis120051PC Repons102-14-05ViZN 05-1366 (Wilkins).doc
1 � •
Finding: The proposed zoning would increase population density. Under an R-A,
Residential Agricultural designation, the 10.0-acre tract would allow for a
maximum of 5 dwelling unit (I unit / 2 acres). With the proposed RSF-4
designation, 40 dwelling units would be permitted, with a projected total of
88 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 ( l ) through (4) above why
the proposed zoning isnot desirable.
Finding: N/A
K:1Reports11005NC Repom102-14-05ViZN 05-1366 (Mlkin ).doc
• 1 r
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. Unit 1 Ci -wide uses b right
l ) Permitted uses. Unit 8 Sin le-famil dwellin
Unit 1 City-wide uses by right
Unit 3 Public protection and utility facilities
Unit Agriculture
Unit7 Animal husbandry
Unit8 Single-family dwellings (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-famity dwellings
Unit 4 Cultural and recreational facilities Unit 24 Home occupations
Unit 20 Commercial recreation, large sites Unit 36 Wireless communications facilities
Unit 24 Home occiiations
Unit 36 Wireless communications facilities (C) Density.
C Density. Single-family Two-family
11 Units per acre One-half dwellings dwellinits
Units per acre 1 4 or less 7 or less
D Bulk and area regulations.
Lot width minimum 200 ft. (D) Bulk and area regulations.
Lot Area Minimum:
Residential: 2 acres Single-family Two-family
Nonresidential: 2 acres dwellings dwellin s
Lot area per dwelling unit 2 acres Lot minimum width 70 ft. 80 ft.
Lot area minimum 8,000 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 Side Rear
35 ft. 1 20 ft. 1 35 ft. Front Side Rear
(F) Height . requirements. There shall be no 25 ft. li 8 ft. 20 ft.
maximum height limits in the A- 1 District,
provided, however, that any building which (F) Height. None.
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) Building area. None.
K.IReporrr120051PC ReporiA02-14-05WZN 05-1366 (Wllkins).doc
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