HomeMy WebLinkAboutOrdinance 4692 corded : 05%06/2005 all 04B01R02 Ph
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Vashlnaton Countv . AR
Bette Stamos Circuit Clerk
File 2005-00019484
ORDINANCE NO. 4 6 9 2
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1378 FOR PROPERTY
LOCATED AT THE SOUTH SIDE OF HWY 16E AND WEST OF
DEAD HORSE MOUNTAIN ROAD, CONTAINING
APPROXIMATELY 15. 12 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 5 s day of April, 2005.
APPROVED•
Cly
; FAYETiEVILLE ; By:
DAN COODY, Mayor
-,ys.9�KANC'
ATTEST: GTON C�.�`���
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 05-1378
A PART OF THE NEIA OF THE SWI/4, SECTION 25, T- 16-N, R-30-W, DESCRIBED
AS BEGINNING AT THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT,
THENCE S02035 '26"W 659.61 FEET; THENCE N87°01 '29"W 1000.79 FEET; THENCE
NO2059'21 "E 659.85 FEET; THENCE S87°00'36"E 996.20 FEET TO THE POINT OF
BEGINNING, CONTAINING 15 . 12 ACRES, MORE OR LESS, FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS
Washington County, AR
I certify this instrument was filed on
05/08/2005 04:01 :02 PM
and recorded in Real Estate
File Number 2005-00019484
Bette` Stamps - Circuit Clerk
by W
City Council Moig of March 15, 2005JP_P
Agenda Item Number 41 � 5
101-
CITY COUNCIL AGENDA MEMO AZW 05-078
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 Goff/Hall (RZN 05- 1378)
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 15. 12 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 both sides of Dead Horse
Mountain Road, east of the West Fork of the White River, south of Goff Farm Road.
Property to the northeast is developed as Stonebridge Meadows Golf Course, with
various phases of Stonebridge Meadows Subdivision either constructed or in the process
of being constructed. 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, and zoned R-A, Residential Agricultural.
Proposal: The applicant intends to develop the property for single family residential use
in the future. Property line adjustments and lot splits to create tracts to develop have
already been submitted. 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. 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/large lot residential use, surrounding infrastructure improvements,
transitioning from the existing low-density R-A zoning to higher density RSF-4 zoning,
among other items.
V4 9a
City Council MAig of March 15, 2005
Agenda Item Number
Staff finds that rezoning this property to allow development of a maximum of four single
family dwellings per acre is consistent with land use policies, planning and development
currently occurring in the immediate area.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1378 FOR PROPERTY
LOCATED AT THE SOUTH SIDE OF HWY 16E AND WEST OF
DEAD HORSE MOUNTAIN ROAD, CONTAINING
APPROXIMATELY 15 . 12 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. j
PASSED AND APPROVED this day of , 2005.
APPROVED:
By.
DAN GOODY, Mayor
ATTEST:
By:
Sondra Smith, City Clerk
EXHIBIT "A"
RZN 05-1378
A PART OF THE NEIA OF THE SW 1 /4, SECTION 25, T- 16-N, R-30-W, DESCRIBED
AS BEGINNING AT THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT,
THENCE S02035 '26"W 659.61 FEET; THENCE N87°01 '29"W 1000.79 FEET; THENCE
NO2059'21 "E 659.85 FEET; THENCE S87°00'36"E 996.20 FEET TO THE POINT OF
BEGINNING, CONTAINING 15 . 12 ACRES, MORE OR LESS, FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS �
A / i
0 0
ae i�ev111e PC Meeting of February 14, 2005
Y 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 05-1378: (GOFF/HALL, 644): Submitted by MEL MILHOLLAND for property located
at THE S SIDE OF HWY 16E, W OF DEAD HORSE MTN. RD. The property is zoned R-A,
RESIDENTIAL-AGRICULTURAL and contains approximately 15. 12 acres. The request is to
rezone the subject property to RSF-4, Residential Single-family, 4 units per acre.
Property Owner: DEWITT GOFF Planner: Jeremy Pate
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
PLANNING COMMISSION ACTION: Required YES
CEJ Approved O Denied
Date: February 14, 2005 51- o uo : e1WiLW0ee , 4Hh4s1QSV4tr
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: March 15, 2005 (1st reading if recommended)
BACKGROUND:
Property description: The subject property is located on both sides of Dead Horse Mountain
Road, east of the West Fork of the White River, south of Goff Farm Road. Property to the
northeast is developed as Stonebridge Meadows Golf Course, with various phases of Stonebridge
Meadows Subdivision either constructed or in the process of being constructed. 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, and zoned R-A,
Residential Agricultural.
Proposal: Staff anticipates 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. (see attached letter
from the applicant's representative). RSF-4 allows for a range of residential density from 0 to 4 units
K:IReporaCO051PC Reportr102-14-051RZV 05-1378 (GOFF-HALL).doc
0 0
per acre in a development pattern that is compatible with much of the residential development within
the City of Fayetteville.
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 development
pattern that is uniform and consistent with the land use patterns identified on the Future Land
Use Plan..
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Single family homes Planning Area, current request for R-A
South Agricultural, single family Planning Area
East Golf course, agricultural R-A, Residential Agricultural
West Single family homes, R-A, Residential Agricultural, current request
agricultural for RSF-4
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 dedication, 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 ingress/egress to 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
the connection point shall be conducted prior to development.
Fire: The subject property is located 2.9 miles from Fire Station #5 . 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
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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 General
Plan designates this area for residential use, which is compatible with the
proposed RSF-4 zoning. Development at this density adequately supports
and is served by existing and 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. 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 and
developed as residential communities.
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 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
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
klRepora110051PC Reports101-14-051RU 05-1378 (GOFP-11ALL).doc
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
15-acre tract would allow for a maximum of 7 dwelling unit (1 unit / 2 acres).
With the proposed RSF-4 designation, 60 dwelling units would be permitted.
Rezoning the property increases the possible number of residential units and
population, but is consistent with land use patterns and zoning in the district.
Additionally, a the property is bisected by Deadhorse Mountain Road, a
Minor Arterial requiring 90 feet of right-of-way 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 . 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
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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 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 City-wide uses by right
I ) Permitted uses. 11 Unit 8 1 Single-family dwelling
Unit 1 Ci -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 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 permit Unit 9 Two-family 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 occupations
Unit 36 Wireless communications facilities (C) Density.
C) Dcnsi Single-family Two-family
11 Units per acre One-halfdwellin s dwellings Units er acre 4 or less 1 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 dwellings
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.
(E) Setback requirements. dwelling unit
(E) Setback requirements.
11 Front Side Rear
35 ft. 1 20 ft. 35 ft. Front SideRear
25 ft. 8 ft. 20 ft.
(F) Height requirements. There shall be no
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.
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