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:
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G j y 000 �.
E U; FAYETTEVILLE By: —
0 DAN COODY, Mayor
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ATTEST: • • •
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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
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• 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.
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• 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.
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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
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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)
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