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HomeMy WebLinkAboutOrdinance 4696 ORDINANCE NO, 4 6 9 6 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 05- 1412 FOR PROPERTY SOUTH OF FUTURE PERSIMMON STREET CONTAINING APPROXIMATELY 21 .05 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 3`d day of May, 2005 APPROVED: xN%N ;�RK/TR c��h,,� G j y 000 �. E U; FAYETTEVILLE By: — 0 DAN COODY, Mayor .9QkAN`;PCD ATTEST: • • • � c By. Gil . SONRA DRA S SMITH, City Clerk Recorded : 06/20/200502 tT02 . 28 . 01 Ph Fee Amt : 511 . 00 Paae 1 of 2 Mashington County . AR Bette Stamos circuit Clerk F11e2005-00026486 EXHIBIT "A" RZN 05-1412 PART OF THE FRACTIONAL NW '/4 OF THE NW '/4 OF SECTION 18, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHWEST CORNER OF SAID FRACTIONAL NW '/4 OF THE NW 1/4 OF SECTION 18; THENCE S 87°34' 55"E 876.87 FEET ALONG THE NORTH LINE THEREOF; THENCE LEAVING SAID NORTH LINE S 02°25 '05"W 64.95 FEET; THENCE 73 .06 FEET ALONG A CURVE TO THE LEFT HAVING 40.00 FOOT RADIUS AND A S 40005 '39"W 63.32 FOOT CHORD; THENCE 49.69 FEET ALONG A CURVE TO THE LEFT HAVING 172.50 FOOT RADIUS AND A S 20028'53"E 49.52 FEET CHORD; THENCE S 28°43 '59"E 320.79 FEET; TENCE S 61 ° 16'01 " W 155 .00 FEET; THENCE S 28043159"E 143.88 FEET; THENCE S 61 ' 16'01 "W 349.40 FEET; THENCE S 36°46'51 "W 306.00 FEET; THENCE N 36°52 '30"W 23.63 FEET; THENCE 393 .30 FEET ALONG A CURVE TO THE RIGHT HAVING 565 .27 FOOT RADIUS AND A S 72059'469W 385.42 FOOT CHORD; THENCE N 87004' 16"W 111 .76 FEET TO THE WEST LINE OF SAID FRACTIONAL NW /40F THE NW '/4 OF SECTION 18; THENCE ALONG SAID WEST LINE N 0201514277E 1180.75 FEET TO THE POINT OF BEGINNING, CONTIANING 21 .05 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS AND/OR RIGHTS-OF-WAY OF RECORD OR FACT. Washington .County, AR I certify this Instrument was filed on 08/20/2005 02:28:01 PM and 'recorded in Real Estate File Number 2005-00028488 Bette Stamps - it Clerk by e�l2 0 • 013/ City Council Ang of April 19, 2005 5e6Q6 Agenda Item Numbeva/(/ QS'/ yl CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: March 28, 2005 Subject: Rezoning for Mountain Ranch/Terminella (RZN 05- 1412) RECOMMENDATION The Planning Commission voted to recommend the subject rezoning request to rezone approximately 21 .05 acres of property from R-A, Residential Agricultural, to RSF-4, Residential Single Family — 4 units per acre. BACKGROUND Property: The subject property contains approximately 21 .05 acres located southeast of the Fayetteville Boys & Girls Club and adjoins an extension of Persimmon Street as reflected on the City's Master Street Plan. Approximately 78.42 acres immediately adjacent to the west was annexed and rezoned RSF-4 in July 2004. In addition to the property currently zoned RSF-4 and that property proposed to be rezoned, the applicant owns 205 .97 acres to the east which is currently zoned R-A. Proposal: The applicant intends to develop a single family residential subdivision, as one phase of a larger multi-use project. At the time of annexation and rezoning of the property to the west, the developer anticipated that development of the land would most likely be in the form of a Planned Zoning District, as densities for single family homes will likely vary significantly, depending upon terrain, floodplain, tree canopy, available and constructed access, among other factors. Single family use, with a mixture of density, is the developer' s primary intent for land use in this area, along with supporting facilities developing both on the applicant's property and on adjacent properties. The applicant is requesting an RSF-4 zoning district knowing that the desired development for the property is single family residential dwelling units, not to exceed 4 units per acre. Request: The applicant is requesting the property be rezoned from R-A, Residential Agricultural, to RSF-4, Residential Single Family, 4 Dwelling Units per Acre. J�,-/F on #,, and /YAY/'y 11/i7/P5 • City Council Aliing of April 19, 2005 Agenda Item Number DISCUSSION This item was heard at the regular Planning Commission on March 28, 2005 . No public comment was received. The Planning Commission voted 8-0- 1 to forward this item to the City Council with a recommendation in favor of the rezoning to RSF-4, Residential Single Family — 4 units per acre, with Commissioner Anthes voting against. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 05- 1412 FOR PROPERTY SOUTH OF FUTURE PERSIMMON STREET CONTAINING APPROXIMATELY 21 .05 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 12005. APPROVED: By: DAN COODY, Mayor ATTEST: By: Sondra Smith, City Clerk EXHIBIT "A" RZN 05-1412 PART OF THE FRACTIONAL NW %4 OF THE NW %4 OF SECTION 18, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHWEST CORNER OF SAID FRACTIONAL N W V4 OF THE NW1 /4 OF SECTION 18; THENCE S 87°34' 55"E 876.87 FEETALONG THE NORTH LINE THEREOF; THENCE LEAVING SAID NORTH LINE S,02025 '0513W 64.95 FEET; THENCE 73.06 FEET ALONG A CURVE TO THE LEFT HAVING/40.00 FOOT RADIUS AND A S 40°05 '39"W 63 .32 FOOT CHORD; THENCE 49:59 FEE7'ALONG A CURVE TO THE LEFT HAVING 172.50 FOOT RADIUS ANDA S 20628' 5315E 49.52 FEET CHORD; THENCE S 28043 '59"E 320.79 FEET; /TENCE',S�61 ° 16'01"\W ,: 55 .00 FEET; THENCE S 28043159"E 143 .88 FEET; THENCE`S'61016'01 "W 349.40 FEET;THENCE S 36046' 51 "W306.00 FEET; THENCE N 36052'30"W 23.63 FEET; THENCE 393:30 FEET ALONG A CURVE TO THE RIGHT HAVING, 565.27/�T60T RADIUS SAND A S 72059'46"W 385.42 FOOT CHORD; THENCE N 87004116"W 111 .76 FEET TO THE WEST LINE OF SAID FRACTIONAL N W %4 OF THE NW % OF SECTION 18; THENCE ALONG SAID WEST LINE N 02° 15'42"E 1180.75 `FEET TO THE POINT OF BEGINNING, CONTIANING 21 .05 ACRES.- MORE OR LESS SUBJECT TO ANY EASEMENTS AND/OR RIGHTS-OF-WAY OF RECORD OR,/FACT. \ \ ✓ _ yA C , O V ae ' evlle PC Meeting of March 28, 2005 Y ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain Fayetteville, AR 7270101 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 05-1412: (MOUNTAIN RANCH/TERMINELLA, 478): Submitted by CRAFTON TULL & ASSOCIATES INC. - ROGERS for property located SOUTH OF THE FUTURE PERSIMMON ST., SOUTHEAST OF THE BOYS AND GIRLS CLUB. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 21 .05 acres. The request is to rezone the subject property to RSF-4, Residential Single-family, 4 units per acre. Property Owner: RESERVE, LLC 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 Shae.�CwIAt, nbo2 g , CIA 0 - CITY COUNCIL ACTION: Required YES WMN Cm � ;� enter 9 k" valin3 no . O Approved O Denied Date: April 19, 005 (ht reading if recommended) BACKGROUND: Property: The subject property contains approximately 21 .05 acres located southeast of the Fayetteville Boys & Girls Club and adjoins an extension of Persimmon Street as reflected on the City's Master Street Plan. Approximately 78.42 acres immediately adjacent to the west was annexed and rezoned RSF-4 in July 2004. In addition to the property currently zoned RSF-4 and that property proposed to be rezoned, the applicant owns 205.97 acres to the east which is currently zoned R-A. The applicant has submitted a property line adjustment to adjust the eastern boundary line of a parcel to match the eastern property line of this rezoning request. Staff has approved this property line adjustment contingent on recordation of a warranty deed dedicating right-of-way for Rupple Road adjacent to the proposed Elementary/Middle School. Proposal: The applicant intends to develop a single family residential subdivision, as one phase ofa larger multi-use project. At the time of annexation and rezoning of the property to the west, the K:IReports120051PC Repons103-28-05WN 05-1412 (hbunlaln Ranch-Terminella).dac 9 0 developer anticipated that development of the land would most likely be in the form of a Planned Zoning District, as densities for single family homes will likely vary significantly, depending upon terrain, floodplain, tree canopy, available and constructed access, among other factors. Single family use, with a mixture of density, is the developer's primary intent for land use in this area, along with supporting facilities developing both on the applicant's property and on adjacent properties. The applicant is requesting an RSF-4 zoning district knowing that the desired development for the property is single family residential dwelling units, not to exceed 4 units per acre. Request: The applicant is requesting the property be rezoned from R-A, Residential Agricultural, to RSF-4, Residential Single Family, 4 Dwelling Units per Acre. Related Issues: Approximately 78.42 acres immediately adjacent to the west was rezoned RSF-4 in July 2004. The Planning Commission voted 5-4 to forward the rezoning request with a recommendation in support of RSF-4, with the City Council approving the rezoning unanimously. 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 more uniform and consistent development pattern. SURROUNDING LAND USE AND ZONING : Direction Land Use Zoning, North Boys & Girls Club & vacant property R-A, Residential Agricultural South Vacant, undeveloped R-A, Residential Agricultural East Vacant, undeveloped R-A, Residential Agricultural West Vacant; Marinoni RZN RSF-4, Res. Single family 4 units/acre INFRASTRUCTURE: Streets: Currently the site does not have access to any constructed street, although it is adjacent to the future extension of Persimmon Street. The overall tract on which this property is located abuts Persimmon Street and Rupple Road. At the time of development, these. streets will need to be brought up to current standards along the property frontage. These improvements include right-of-way dedication, pavement, curb and gutter, storm drainage and sidewalks. Surrounding Master Street Plan Streets: North: Persimmon St. (planned collector) West: Rupple Road (minor arterial) Water: The site currently does have access to public water. The nearest water main is a 12" main along Persimmon Street. Water service will need to be extended within the property at the time of development. Additional connections may be required to complete looped systems. K. IReportW0051PC Reports103-28-051RU 05-1412 (Hbunmin Ranch-Terminella).doc 0 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 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 0.493 miles from future Fire Station #7 on Rupple Road. Normal driving time is I minute. Water supply and construction of streets will be necessary for this property to develop. 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. 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 zoning for a Single Family residential subdivision is compatible with adjacent and nearby single family residential land use. The General Plan designates this area for residential uses, 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 higher density than the current R-A zoning district is appropriate in this area, and .,, . would provide compatibility with adjoining developments that are zoned ' RSF-4, R-PZD and currently being developed with residential subdivisions. In order to provide the connectivity and network of public infrastructure with adjacent residential subdivisions in a manner that is consistent with the future land use plan and guiding policies of annexation, a residential zoning district is needed. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Development with the proposed zoning will provide additional traffic on K:IReport512005WC Rep0rtsW3-28-05VZZN 05-1412 (Abumain Ranch-TermmeNa).doc streets in the area. Most streets in this area are undeveloped and will require full construction to city specifications. Rupple Road is the only currently constructed street in the vicinity, recently built with a 28-foot width. Three approved developments, Persimmon Place Subdivision, Cross Keys PZD and the Rupple Row PZD, along with developments to the west of the subject property, will combine to construct Persimmon Street west of Rupple Road. A traffic signal has also recently been installed and is in operation at the intersection of Rupple Road and Wedington Drive. The Fayetteville Police Department finds that this rezoning will not substantially alter the population density nor will it create an undesirable increase on police services. 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 in the area. Currently the property is vacant, undeveloped and virtually uninhabited, yielding no significant population. The 21.05 acre tract under an R-A, Residential Agricultural designation would allow for a maximum of 10 dwelling units (1 per 2 acres) if fully developed. With the proposed RSF4 designation, 84 dwelling units could be permitted, if fully developed. This.. increases the possible number of residential dwelling units, however public service providers' assessments indicate that with public infrastructure . provided by the developer in the construction of water, sanitary and storm l sewer lines, streets and street lights, the increase in population density will. not undesirably increase the load on public services. 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:IRepor[ 11005PC ReporatO3-18-05VLZN 05-1411 (Abuntoin Ranch-Terminella).dac 161.07 District RSF-4, Residential Single-Family — Four Units Per Acre (A) Purpose. The RSF4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. ( 1 ) Permitted uses. Unit 1 City-wide uses by ri ht Unit 8 Sin le-famiI dwelling (2) Conditional uses. Unit 2 City-wide uses b conditional use ermit Unit 3 Public rotection and utili facilities Unit 4 Cultural and recreational facilities Unit 9 Two-famil dwellin s Unit 24 Home occu a[ions Unit 36 Wireless communications facilities (C) Density. Single-family Two-family dwellin s dwellings Units er acre 1 4 or less 7 or less (D) ,Bulk and area regulations. Single-family Two-family dwellings dwellin s Lot minimum 70 ft. 80 ft. width Lot area minimum 8,000 sq. ft. 12,000 sq. ft. Land area per 8,000 sq. ft. 6,000 sq. ft. dwelling unit (E) Setback requirements. Front Side Rear 25 ft. 8 ft. 20 ft. (F) Height. None. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991 , § 160.031 ; Ord. No. 4100, §2 (Ex. A), 6- 16-98; Ord. No. 4178, 8-31 -99) K:IReportr120051PC Reporis103-28-05WOV 05-1412 (Lbun4dn Ranch-Terminella).doc