HomeMy WebLinkAboutOrdinance 4691 oc ID : 008454830002 Tvpe : REL
Recorded : 05/06/2005 at 04 : 01 : 35 PM
Fee Amt : $11 . 00 Pace 1 of 2
Mashlnoton Countv . AR
Bette Stamos Circuit Clerk
F11e2005-00019485
ORDINANCE NO. 4 6 91
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 05- 1371 FOF
PROPERTY LOCATED AT 2577 DEAD HORSE MOUNTAIN
ROAD, CONTAINING APPROXIMATELY 125 . 179 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 I above.
PASSED and APPROVED this 5th day of April, 2005 .
RK/TR� 9s"•',, APPROV
Y G�
E
��•``G�F e ,
ri.� � •C\T pF .
E : FAYETiEVILLE : = By:
DAN COODY, Mayor
;,ys.9�,KANSPS * A�;
ATTEST:
c
By:
ONDRA SMITH, City Clerk
40
EXHIBIT "A"
RZN 05-1371
A PART OF SECTION 25, BEING A PART OF THE NW 1/4 AND A PART OF THE NIA
OF THE SWI/4, ALL LANDS LOCATED IN SECTION 25, TOWNSHIP 16 NORTH,
RANGE 30 WEST, MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE
NORTHWEST CORNER OF SAID SECTION 25 ;
THENCE S87001 '09"E 1653.58 FEET TO A POINT ON THE NORTHERN BOUNDARY
OF SAID SECTION 25; THENCE S02°40'24"W 2641 .43 FEET AND S02°59'21 "W 659.85
FEET; THENCE N87°01 '29"W 1480.72 FEET TO THE CENTER OF THE WHITE
RIVER; THENCE N42°02'08"W 251 .95 FEET ALONG THE CENTER OF SAID WHITE
RIVER TO A POINT ON THE WESTERN BOUNDARY OF SECTION 25 ;
THENCE NO2°49' 30"E 3123 .30 FEET TO THE POINT OF BEGINNING, CONTAINING
125 . 179 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS.
Washington County, AR
I certify this instrument was filed on
05/08/2005 04:01 :35 PM
and recorded in Real Estate
File Number 2005-00018485
Bette Stamps - Circuit Clerk
by
0120
City Council Meng of March 15, 2005 N 1,505
Agenda Item Number q-b4l
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council �eac� horsQ.
Thru: Gary Dumas, Director of OperationsyVL '1 '
From : Jeremy C. Pate, Director of Current Planning .9 G7
Date: February 24, 2005
Subject: Rezoning for Hall (RZN 05- 1371 )
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 125. 179
acres of property from R-A, Residential Agricultural, to RSF-4, Residential Single
Family, 4 units per acre.
BACKGROUND
Property description: The subject property is located on Dead Horse Mountain Road,
east of the West Fork of the White River, southwest of Goff Farm Road. It is bounded by
floodway and floodplain from the river on the west side, by Dead Horse Mountain Road
on the east, and agricultural property to the north and south. Zoning districts within the
one-mile radius include 1-2 (Industrial Park), R-A, and RSF-4, as well as land in the
Planning Area to the south. The property is currently agricultural in nature, with a few
existing single family structures. Nearby development includes the Stonebridge Meadows
Subdivisions and golf course and the Industrial Park across the river to the west.
Proposal: The applicant intends to develop the property for single family 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. RSF-4 allows for a range of residential
density from 0 to 4 units per acre in a development pattern that is compatible with much
of the residential development within the City of Fayetteville.
Request: The applicant requests rezoning the property from R-A to RSF-4.
DISCUSSION
This item was heard at the regular Planning Commission on February 14, 2005 . The
Planning Commission voted 5-4-0 to forward this item to the City Council with a
recommend in favor of the rezoning, with Commissioners Clark, Allen, Anthes and
Ostner voting against.
Discussion included change in character of this landscape to residential use from its
current agricultural use, surrounding infrastructure improvements, transitioning from the
existing low-density R-A zoning to higher density RSF-4 zoning, among other items.
g6gl
��r 2,d ,,tadj 311s�°S
• City Council MOng of March 15, 2005
Agenda Item Number
Staff finds that rezoning this property to allow development of four single family
dwellings per acre is consistent with land use policies, planning and development
currently occurring in the vicinity. West of the subject property is the West Fork of the
White River, land which is severely inhibited from dense development due to the
floodway and floodplain located on the property, thereby providing a transition out to the
Minor Arterial Deadhorse Mountain Road. Development of this property for residential
use at four units per acre or less is consistent with surrounding development currently
underway at Stonebridge Meadows golf course, and along Goff Farm Road/Roberts
Road. It is the opinion of the Fayetteville Police Department that this rezoning will alter
the population density, but will not create an undesirable increase on police services. The
net response time will not increase beyond the time it takes to respond to calls within the
city limits south of the subject property. Improvements to water and sewer service, as
well as construction of street infrastructure and assessments for new bridge construction
in the nearby area will be required of the developer at the time of development, to benefit
both the development proposed and the general public served by these public
infrastructure improvements.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1371 FOR PROPERTY
LOCATED AT 2577 DEAD HORSE MOUNTAIN ROAD,
CONTAINING APPROXIMATELY 125 . 179 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:
i
From R-A, Residential AgriculturaltoRSF-4, Residential Single.Family, four
units per acre, as shown in Exhibit "A" attached hereto and made a part hereof.
A
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 % 12005,
APPROVED:
By:
DAN COODY, Mayor
ATTEST: �.
By: �
Sondra Smith, City/Clerk
V
• i
EXHIBIT "A"
RZN 05-1371
A PART OF SECTION 25, BEING A PART OF THE N W 1 /4 AND A PART OF THEN 1/4
OF THE SWI /4, ALL LANDS LOCATED IN SECTION 25, TOWNSHIP 16 NORTH,
RANGE 30 WEST, MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE
NORTHWEST CORNER OF SAID SECTION 25 ;
THENCE S87001 '09"E 1653 .58 FEET TO A POINT ON THE NORTHERN BOUNDARY
OF SAID SECTION 25; THENCE S02°40'24"W 2641 .43 FEET AND S02°59'21 "W 659.85
FEET; THENCE N87°01 '29"W 1480.72 FEET TO THE CENTER OF THE WHITE
RIVER; THENCE N42°02'08"W 251 .95 FEET ALONG THE CENTER OF SAID WHITE
RIVER TO A POINT ON THE WESTERN BOUNDARY OF SECTION 25 ;
THENCE NO2049130"E 3123 .30 FEET TO THE POINT OF BEGINNING, CONTAINING
125. 179 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS.
� j
all
ayeLVIIIC PC Meeting of February 14, 2005
ARKANSAS
125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Interim Planning Director
DATE: February 09, 2005
RZN 05-1371 : (HALL, 645,684): Submitted by MEL MILHOLLAND for property located at
2577 DEAD HORSE MTN. ROAD. The property is zoned R-A, RESIDENTIAL-
AGRICULTURAL and contains approximately 125. 179 acres. The request is to rezone the
subject property RSF-4, Residential Single-family, 4 units per acre.
Property Owner: IMOGENE HALL Planner: Jeremy Pate
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: February 14, 2005
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: March 15, 2005 (1" reading if recommended)
BACKGROUND:
Property description The subject property is located on Dead Horse Mountain Road; east of the
West Fork of the White River, southwest of Goff Farm Road. It is bounded by floodway and '
floodplain from the river on the west side, by Dead Horse Mountain Road on the east, and
agricultural property to the north and south. Zoning districts within the one-mile radius include I-
2 (Industrial Park), R-A, and RSF-4, as well as land in the Planning Area to the south. The
property is currently agricultural in nature, with a few existing single family structures. Nearby
development includes the Stonebridge Meadows Subdivisions and golf course and the Industrial
Park across the river to the west.
Proposal: The applicant intends to develop the property for single family 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
K:Weporn120051PC ReporaIO2-14-05WN 05-1371 (Hai).do
0 0
approved (see attached letter from the applicant's representative). RSF-4 allows for a range of
residential density from 0 to 4 units per acre in a development pattern that is compatible with much
of the residential development within the City of Fayetteville.
Related Issues: When property is annexed into the City, it is annexed as R-A, Residential
Agricultural. If the preceding annexation is recommended for approval to City Council, the applicant
would like to rezone the approximately 125-acre tract owned by Hall to RSF-4, Residential Single
Family, 4 Units per Acre. The annexation request, ANX 05- 1370, 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 Agricultural R-A, Residential Agricultural
South Parkland, agricultural R-A, Residential Agricultural, Planning Area
East Single family homes, golf R-A, Residential Agricultural
course, agricultural
West White River, Industrial Park, R-A, Residential Agricultural
parkland
INFRASTRUCTURE:
Streets: Currently the site has access to Dead Horse Mountain Road, a Minor Arterial on .
the Master Street Plan. At the time of development, this street will need to be
brought up to current standards along the-property frontage, at minimum. These -
improvements may include right-of-way aeddication, pavement, curb and gutter,
storm drainage and sidewalks. Additionally,development on the subject property
has a high likelihood of accessing the substandard bridge on Dead Horse
Mountain Road north of the property as its primary means of access toward the
center of the city. An assessment for a proportionate share of the cost of this
bridge is.anticipated at the time of development. Specific street improvements and.
other off-site improvements will be evaluated based on the development
proposed, to meet ordinance requirements.
Water: The site currently does have access to public water. The nearest water main is a 6"
main on the east side along Dead Horse Mountain Road. Water service will need
to be extended 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 a 12" sewer main to
the west. A capacity analysis of the sewer lines and/or lift stations downstream of
K:IRepora11005PC Repora101-14-05WZIV 05-1371 (HaO.dm
0 •
the connection point shall be conducted prior to development.
Fire: The subject property is located 2.9 miles from Fire Station 45. Normal driving
time is 7 minutes. The property is located approximately 3 miles from the future
Fire Station #3 . Normal driving time is 7 minutes.
Police: It is the opinion of the Fayetteville Police Department that this annexation will not
substantially alter the population density and thereby undesirably increase the load
on police services. It is anticipated that response time will be increased for calls
for service because the property is at the limits of the current service area.
However, the actual travel time is does not increase beyond that which is already
served.
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 Generali;
Plan designates this area for residential use, which is compatible with thei; .'
proposed RSF-4 zoning. Development at this density adequately supports, � %*
and is served by extended city infrastructure, at the cost of the developer.
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 higher density than the R-A zoning district is appropriate in
this area, and would provide compatibility with nearby 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.
Dead Horse Mountain Road is the primary means of access into the city,
either north to Huntsville or south to Black Oak Road and Armstrong
K:IReporul200APC ReporuW2-14-05VZZN 05-1371 (Har).do
i •
Avenue. These streets are Minor Arterials on the city's Master Street Plan,
and once improved, will be able to carry a high volume of traffic. Currently
they are improved paved roadways with shoulders, to county standards. 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.
Finding: The proposed zoning would increase population density above that which is
present currently. Under an R-A, Residential Agricultural designation, the
125-acre tract would allow for a maximum of 62 dwelling unit (1 unit / 2
acres). With the proposed RSF-4 designation, 500 dwelling units would be
permitted. Rezoning the property significantly increases the possible
number of residential units and population, but is consistent with land use
patterns and zoning in the district. Additionally, a portion of the property is
within the floodway or floodplain, which will likely inhibit the maximum
density from being developed.
Increased load on public services were taken into consideration and
recommendations from Engineering, Fire, and Police Departments are
included in this report.
5. ,Ifthere 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 eircumstances such as:
a. It would be impracti6l 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:IReportsl2005PCReportr102-14-05VZZN05-1371 (Ha!).doc
161.03 District R-A, Residential-Agricultural 161.07 District RSF4, Residential Single-
Family — Four Units Per Acre
(A) Purposes. The regulations of the agricultural
district are designed to protect agricultural land (A) Purpose. The RSF4 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 by right
1 Permitted uses. 11 Unit 8 Single-family dwellin
Unit 1 City-wide uses by right
Unit 3 Public protection and utility facilities
Unit 6 Agriculture
Unit 7 Animal husbandry
Unit 8 Single-family dwellings (2) Conditional uses.
Unit 9 Two-family dwellings
Unit 37 Manufactured homes Unit 2 1 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 1 City-wide uses by conditional use permit Unit 9 Two-famil dwellin s
Unit4 Cultural and recreational facilities Unit 24 Home occupations
j . Unit 20 Commercial recreation, large sites Unit 36 Wireless communications facilities
'- Unit 24 1 Home occupations
.. , Unit 36 1 Wireless communications facilities (C) Density. .
C Dens! . Single-family Two-family
Units er acre One-half dwellings dwellin s
Units per acre 4 o less 7 or less
D Bulk and area regulations.
Lot width minimum 200 ft. (D) z Bulk and area regulations.
Lot Area Minimum: -
Residential: 2 acresd Single-family Two-family
Nonresidential: 2 acres dwellin s dwellin s
Lot area per dwellingunit 2 acres Lot minimum width 70 R. 80 ft.
Lot area minimum 8,000 sq. ft.
Land area per 8,000 sq. ft. 6,000 sq. ft.
dwellin unit
- (E) Setback requirements.
ide Rear (E) Setback requirements.
Front S
35 ft. 20 ft. 11 35 ft. Fronl1 Side Rea
20Rr
.
(F) Height requirements. There shall be no 11 25 R. 8 R.
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 by all buildings shall not exceed 40% of the total
distance of 1 .0 foot for each foot of height in
excess of 15 feet. Such setbacks shall be measured area of such lot.
from the required setback lines.
(G) Building area. None.
K.IReporul200APC Reporra102-14-05ViZN 05-1371 (Ha().doc