HomeMy WebLinkAboutOrdinance 4695 Recorde 05/06/20050atT04 : 00 : 35 PM
Fee Amt : $11 . 00 Pace 1 of 2
Maehlnoton Countv . AR
Bette Stamos Clrcult Clerk
ORDINANCE NO. 4695 Ft1e2005� 1948aw
Q"""00
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1413 FOR PROPERTY LOCATED
AT 2468 N. CROSSOVER RD. (THE NE CORNER OF CROSSOVER
& TOWNSHIP) CONTAINING APPROXIMATELY 4.77 ACRES, FROM
R-A, RESIDENTIAL — AGRICULTURAL TO RSF-2, RESIDENTIAL
SINGLE-FAMILY 2 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-2, Residential
Single Family, two 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 19a' day of April, 2005 .
.%`',� jkK/TR1 "''%
� \SY OSG�'' APPROVED-
G F •, � �
; FAYETTEVILLE ; ? By:
ysegY'kANSPg �` DA OODY, Mayor
ATTEST: GTON
By: t
SO RA SMITH, City Clerk
EXHIBIT "A"
RZN 05-1413
Tract 2: Part of the SW '%4 of the SW '/4 of Section 31 , Township 17 North, Range 29
West, and being more particularly described as follows, to-wit: Beginning at a point on
the right-of-way of State Highway 265, said point being 555 .02 feet east and 257.3 feet
north of the southwest corner of said 40 acre tract, running thence east 324.56 feet, thence
along an existing fence line NO3°32 ' 17"W 225.30 feet, thence West 303 .0 feet to a point
on the right-of-way of State Highway 265, thence S01057'00"W 225.00 feet to the Point
of Beginning, containing 1 .62 acres, more or less.
Tract 3: Part of the SW '/4 of the SW '/4 of Section 31 , Township 17 North, Range 29
West, and being more particularly described as follow, to wit: Beginning at a point
which is 555 .02 feet East and 482.30 feet North of the southwest corner of said 40 acre
tract, said point being on the East right-of-way line of State Highway 265, and running
thence along said right-of-way NO1 °57'00"E 225.00 feet, thence N85°39'00"E 299.50
feet to an existing iron pin, thence along an existing fence line S00°45 '44"W 247.61 feet,
thence West 303.00 feet to the point of beginning, containing 1 .63 acres, more or less.
Tract 4: Part of the SW '/4 of the SW '/4 of Section 31 , Township 17 North, Range 29
West, and being more particularly described as follows, to-wit: Beginning at a point on
the right-of-way of State Highway 265, said point being 555.02 feet east and 707.30 feet
north of the southwest corner of said 40 acre tract, running thence N85°39'00"E 299.50
feet to an existing iron pin, thence along an existing fence line N21 *02 ' 1 2"W 304.21 feet,
thence S72044'25"W 189.44 feet, along an existing fence line to a point on the right-of-
way of State Highway 265, thence SOI 057100"W 250.59 feet to the point of beginning,
containing 1 .52 acres, more or less.
Washington County, AR
I certify this instrument was filed on
05/08/2005 04:00:35 PM
and recorded in Real Estate
File Number 2005-00019483
Bette Stamps - Circuit Clerk
by
v )ej-�,
• City Council Aping of April 19, 2005 y//yl
Agenda Item Number
CITY COUNCIL AGENDA MEMO KZAf Un4 - rya/
To: Mayor and City Council �5 C7c� Wr
Thru: Gary Dumas, Director of Operations
Aq,
From: Jeremy C. Pate, Director of Current Planning
Date: March 28, 2005
Subject: Rezoning for Jones (RZN 05- 1413)
RECOMMENDATION
The Planning Commission voted to recommend the subject rezoning request to rezone
approximately 4.77 acres of property from R-A, Residential Agricultural, to RSF-2,
Residential Single Family — 2 units per acre.
BACKGROUND
Property: The subject property is located east of Crossover Road. The property consists
of three lots, zoned R-A, Residential Agricultural. All but the southern most property is
undeveloped. For the owner to a develop single family home on each of the remaining
two properties, a variance would be required, as the minimum 2 acre lot area requirement
is not met. Property to the south is zoned RSF-4 and developed for single family use.
The St. John's Lutheran Church and Hickory Park R-PZD (under construction) are west
of this property and Crossover Rd.
Proposal: The developer intends to develop this property for single family use at a
density slightly greater than the current R-A zoning designation would permit. The
proposed zoning allows for a maximum density of 2 units per acre, resulting in a
maximum potential of 9 dwelling units.
Request: The request is to rezone the property RSF-2, Residential Single-family, 2 units
per acre.
DISCUSSION
This item was heard at the regular Planning Commission on March 28, 2005. No public
comment was received. The Planning Commission voted 9-0-0 forward this item to the
City Council with a recommend in favor of the rezoning request to RSF-2, Residential
Single Family — 2 units per acre.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 05- 1413 FOR
PROPERTY LOCATED AT 2468 N CROSSOVER RD. (THE NE
CORNER OF CROSSOVER & TOWNSHIP) CONTAINING
APPROXIMATELY 4.77 ACRES, FROM R-A, RESIDENTIAL-
AGRICULTURAL TO RSF-2, RESIDENTIAL SINGLE-
FAMILY 2 UNITS/ACRE
BE IT ORDAINED BY THE CITY'COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I : That the zone eclassification of the following described
property is hereby changed as follows: `-
From R-A, Residential Agricultural to�RSF=2, Residential Singie Family, two
units per acre, as shown in Exhibit "A", attached hereto and made a part
hereof. t 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.
Y
PASSED AND APPROVED this ` `day of , 2005.
.APPROVED:
By:
\ DAN COODY, Mayor
ATTEST:
By: /
Sondra Smith, City Clerk
EXHIBIT "A"
RZN 05-1413
Tract 2: Part of the SW '/< of the SW %< of Section 31 , Township 17 North, Range 29
West, and being more particularly described as follows, to-wit: Beginning at a point on
the right-of-way of State Highway 265, said point being 555 .02 feet east and 257.3 feet
north of the southwest comer of said 40 acre tract, running thence east 324.56 feet, thence
along an existing fence line NO3'32' 1 7"W 225.30 feet, thence West 303 .0 feet to a point
on the right-of-way of State Highway 265, thence SO1 °57'00"W;225 .00 feet to the Point
of Beginning, containing 1 .62 acres, more or less.
Tract 3: Part of the S W '/. of the SW '/. of Sectional , Township 17 North,;Range 29
West, and being more particularly described as,follow, to wit: Beginning at d:point
which is 555.02 feet East and 482.30 feet North-of the southwest comer of said 4.0 acre
tract, said point being on the East right-of-way line ofState Highway 265, and i"unning
thence along said right-of-way NO1 °57 '00"E 225.00 feet; thence N85°39'00"E 299.50
feet to an existing iron pin, thence along an existing fence Line S00°45 '44"W 247.61 feet,
thence West 303 .00 feet to the point of beginning, containing 1 .63 acres, more or less.
Tract 4: Part of the SW %< of the S W %`of Section 91', Township 17 North, Range 29
West, and being more particularly described asAfollows, to-wif: Beginning at a point on .
the right-of-way of State Highway 265, said point being 555.02 feet east and 707.30 feet
north of the southwest com6r\of said 40 acre't act, running thence N85°39'00"E 299.50
feet to an existing iron pin, thence along an existing fence line N21 *02' 1 2"W 304.21 feet,
thence S72°44'25"W 189.44 feet, along an existing fence line to a point on the right-of-
way of State Highway 265; thence. S_W57 'OO" 250.59 feet to the point of beginning,
1\ Icontaining L52 acres, more or-less.
0
PC Meeting of March 28, 2005
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Associate Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: March 23, 2005
RZN 05-1413: (JONES, 294): Submitted by TOM HENNELLY for property located at 2468 N
CROSSOVER RD. (THE NE CORNER OF CROSSOVER & TOWNSHIP). The property is
zoned R-A. RESIDENTIAL-AGRICULTURAL and contains approximately 4.77 acres. The
request is to rezone the subject property to RSF-2, Residential Single-family, 2 units per acre.
Property Owner: JERRY & LYNN ROGERS JONES Planner: Suzanne Morgan
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
PLANNING COMMISSION ACTION: Required YES
-0 Approved O Denied
Date: March 28, 2005 q. Ilcs�Shoeld(o��2 9 -o -O
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: April 19,2005 (1st reading if recommended)
BACKGROUND:
Property: The subject property is located east of Crossover Road. The property consists of three
lots, zoned R-A, Residential Agricultural. All but the southern most property is undeveloped.
For the owner to a develop single family home on each of the remaining two properties, a
variance would be required, as the minimum 2 acre lot area requirement is not met. Property to
the south is zoned RSF-4 and developed for single family use. The St. John's Lutheran Church
and Hickory Park R-PZD (under construction) are west of this property and Crossover Rd.
Proposal: The developer intends to develop this property for single family use at a density slightly
greater than the current R-A zoning designation would permit. The proposed zoning allows for a
maximum density of 2 units per acre, resulting in a maximum potential of 9 dwelling units.
Request: The request is to rezone the property RSF-2, Residential Single-family, 2 units per acre.
K IRepor&t20051PC Repom103-28-05VZZN 05-1413 (.bn ).doo
Recommendation: Staff recommends approval of the rezoning request based on findings stated
herein. The development of this property will be consistent to that of surrounding properties.
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North Single Family residential lots R-A, Res. Agricultural
RSF-4, Res. Single-family — 4 units/acre
South Vacant; owned by City of Fayetteville R-A, Res. Agricultural
East Single Family residential home RMF-24, Res. Multifamily, 24 units/acre
West St. John's Lutheran Church; P- 1 , Industrial
Hickory Park R-PZD 04-05.00
INFRASTRUCTURE:
Streets: Currently the site has direct access to Highway 265 (Crossover Road) and is just
north of the intersection of Crossover Rd. and Township St. Road improvements
may be required. These improvements include, right-of-way dedication,
pavement, curb and gutter, storm drainage and sidewalks.
Surrounding Master Street Plan Streets:
South: Township St (designated a Collector west of Crossover & a Local St. east
of Crossover)
West: Crossover Rd (Principal Arterial)
Water: The site currently does have access to public water. The nearest water main .is a :
12" main along the west property line. Water service may 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 are a couple possible
connections for sewer. 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 1 .5 miles from the Fire Station #5. Normal driving
time to the site is approximately 2 min. 15 seconds.
Police: 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.
K.IReporis110051PC Repons103-18-051RT.N 05-1413 One ).do
LAND USE PLAN: The General Plan 2020 Future Land Use Plan designates this site as
Residential. Rezoning this property to RSF-2 is consistent with the land use plan and is
compatible with surrounding land use.
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 zoning for single family use at two units per acre is compatible
with adjacent and nearby single family dwellings already existing and those
being constructed at this time (i.e. Hickory Park). The General Plan
designates this area for Residential land use, which is compatible with the
proposed RSF-2 zoning. Access must be considered as this site is at the
outskirts of the city and located on a street which needs improvement.
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 allow the existing property to be
developed for single family use consistent with surrounding development
patterns. The existing zoning designation would allow for the development
of two additional single family homes on the property, subject to Board of
Adjustment approval. Rezoning the property to RSF-2 would allow slightly
greater density, while consistent with the surrounding developments.
. 3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The additional density will not create a significant increase in the amount of
traffic currently utilizing Crossover Road and Township Street. Access to
these properties, however, will need to be thoroughly reviewed at the time of
development to avoid a dangerous traffic situation on Crossover Road. At
this time, if the existing lots were brought into compliance, two driveways
could potentially be constructed to access Crossover Road. Staff
recommends that should the property be subdivided, lots utilize an alley to
reduce the number of curb cuts onto Crossover Rd.
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 from that zoning
currently in place. The 4.77 acre tract under an R-A zoning designation
K:IReporai2005WC Reportr103-28-05V?ZN 05-1413 (bnes).do
• •
would allow for a maximum 2 single family residential dwelling units. With
the proposed RSF-2 designation, a maximum of 9 single family dwelling units
would be permitted. This change in zoning will increase the possible number
of residential units; however, it is in keeping with existing land uses and
density in the surrounding area.
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.Vkporis120051PC Reports103-18-05IRM 05-7473 (bne).doc
. • •
161.03 District R-A, Residential-Agricultural 161.06 District Rsf-2, Residential Single-Family
— Two Units Per Acre
(A) Purposes. The regulations of the agricultural
district are designed to protect agricultural land (A) Purpose. To provide a single-family dwelling
until an orderly transition to urban development transition zone between single-family
has been accomplished; prevent wasteful scattering neighborhoods that have developed with larger lot
of development in rural areas; obtain economy of sizes (one acre and over) and areas that have
public funds in the providing of public developed with smaller lot sizes (8,000 sq. ft.), and
improvements and services of orderly growth; to permit and encourage the development of low
conserve the tax base; provide opportunity for density detached dwellings in suitable
affordable housing, increase scenic attractiveness; environments, as well as to protect existing
and conserve open space. development of these types.
(B) Uses. (B) Uses.
1 Permilled uses.
Unit 1 City-wide use by right ( 1 ) Permitted uses.
Unit 3 Public protection and utility facilities
Unit 6 Agriculture Unit 1 city-wide uses b right
Unit 7 Animal husband Unit 8 Sin wide il dwellin s
Unit8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 37 Manufactured homes (2) Conditional uses.
2 Conditional uses. Unit 2 City-wide uses by wnditional use permit
Unit 2 Ci -wide use=u�use rmR Unit 3 Public rotection and utili Unit 4 Cultural and lities Unit 4 Cultural and recreational facilities
Unit 20 Commercial sites Unit 24 Home owu ations
Unit 24 Home owu Unit 36 Wireless communicationsUnit 36 Wireless comilities
(C) Density.
C Deni
Units per acre One-half Units per acre 2
D Bulk and area regulations. (D) Bulk and area regulation.
Lot width minimum 200 ft.
Lot Area Minimum: Lot width minimum 100 R.
Residential: 2 acres Lot area minimum 21 780 s . ft.
Nonresidential: 2 acres Land area er dwellin unit 21 ,780 s . R.
Lot area r dwellingunit 2 acres
(E) Setback requirements.
E Setback requirements.
Front Side I Rear Front 1 Side 1 Rear
35 R. 1 20 R. 1 35 ft. 30 ft. 1 15 ft. 30 ft.
(F) Height requirements. There shall be no (F) Height regulation.
maximum height limits in the A-1 District,
provided, however, that any building which 11IF—Bu—ilding height maximum
exceeds the height of 15 feet shall be setback from
any boundary line of any residential district a (G) Building area. None.
distance of 1 .0 foot for each foot of height in
excess of 15 feet. Such setbacks shall be measured
from the required setback lines.
(G) Building area. None.
K.'IReports12005PC Rrports103-28-OSPZN 05-1413 (.bnes).dw
March 24, 2005
Jeremy Pate
Interim Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
This document is in response to the request for a determination of whether the proposed
Rezonings RZN 05-1413: (Jones, 294), RZN 05-1409 (SCB Investments, LLC, 366) and
RZN 05-1412 : (Mountain Ranch/Terminella, 478) would substantially alter the
population density and thereby undesirably increase the load on public services or create
and appreciable increase in traffic danger and traffic congestion.
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.
Individually, each of these rezoning do not necessarily substantially alter the population
density, nor do they create and appreciable increase in traffic danger and congestion. The
sum total presented over the years, however, has had a substantial impact on the demand
for police services and has caused an appreciable increase in traffic congestion. Without
the addition of police patrol personnel, these areas may see a lack of traffic enforcement or
may experience situations where officers are delayed in answering many calls for service
because of call volume exceeds the number of officers available to respond in a timely
manner.
Sincerely,
Captain William Brown
Fayetteville Police Department