HomeMy WebLinkAboutOrdinance 4710 voe
Recorded : 077/14/20050atr02 : 38:23 PM
Fee Amt : $11 . 00 Pace 1 of 2
Washlnoton Countv . AR
Bette Stamoe Circuit Clerk
ORDINANCE NO, 4710 File2005-00030660
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05-1452 FOR APPROXIMATELY
24. 19 ACRES LOCATED AT THE END OF COUNTRY RIDGE
ROAD, NORTH OF HWY. 16 E. AND WEST OF DEERFIELD
WAY 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 7`h day of June, 2005.
APPROV
; FAYETTEVILLE ; 3
x q By:
s'9:QKANSPCJ DAN COODY, Mayor
ATTEST: 'y,N�roN �
'/II IIINIIII
By: q, aJ (R
SONDRA SMITH, City Clerk
40
EXHIBIT "A"
RZN 05-1452 (TRACT A)
REZONE FROM R-A TO RSF-4, THE FOLLOWING:
A PART OF THE NORTHWEST QUARTER (NW'/4) OF SECTION TWENTY (20),
TOWNSHIP SIXTEEN (16) NORTH, RANGE TWENTY-NINE (29) WEST, MORE
PARTICULARLY DESCRIBED AS COMMENCING AT THE WEST QUARTER (W 1 /4)
CORNER OF SAID SECTION 20 AND CONTINUING THENCE S87027'31 "E 930.97
FEET TO A POINT ON THE SOUTHERN BOUNDARY OF SAID NORTHWEST
QUARTER (NW 1 /4), AND CONTINUING THENCE NO2040106"E 350.01 FEET TO THE
POINT OF BEGINNING; SAID POINT BEING THE INTERSECTION OF THE
EXISTING FAYETTEVILLE CITY LIMITS BOUNDARY AND THE WESTERN
BOUNDARY OF A PARCEL OF LAND DESCRIBED AS TRACTS B & C IN A
WARRANTY DEED FILED OF RECORD IN BOOK 1284, PAGES 240 AND 241 IN
THE CIRCUIT CLERK' S OFFICE OF WASHINGTON COUNTY, ARKANSAS.
THENCE NO2040'06"E 1441 .44 FEET;
THENCE N62008'56"E 246. 16 FEET;
THENCE N53032'58"E 213 . 11 FEET TO THE EAST BOUNDARY OF THE
NW1 /4 OF THE NWIA OF SAID SECTION 20;
THENCE S02032'24"W 664.64 FEET TO A POINT ON THE EAST BOUNDARY
OF SAID N W 1 /4 OF THE N W I /4;
THENCE S87016'57"E 448.50 FEET;
THENCE S02041 '09"W 1031 .51 FEET TO THE EXISTING FAYETTEVILLE CITY
LIMITS BOUNDARY;
THENCE ALONG SAID CITY LIMITS BOUNDARY N87038'06"W 827.08 FEET
TO THE POINT OF BEGINNING, CONTAINING 24. 191 ACRES, MORE OR LESS,
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS.
Washington County, AR
I cehify this instrument was filed on
07/14/2005 02:38:23 PM
and recorded in Real Estate
File Number 2005-00030880
Bette Stamps - Circuit Cie
by
City Council Oting of June 07, 2005 710
Agenda Item Number
14L
CITY COUNCIL AGENDA MEMO ebW kf Rldjale�
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: May 20, 2005
Subject: Rezoning for Lane (RZN 05- 1452 — Tract A)
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 24. 191
acres of property from R-A, Residential Agricultural, to RSF-4, Residential Single
Family, 4 units per acre.
BACKGROUND
The subject property contains 24. 191 -acres owned by the Lanes. It is located north of
Huntsville Road (Hwy 16 East) and west of Deerfield Way Subdivision in southeast
Fayetteville. With approval of ANX 05- 1470, this property will be zoned R-A,
Residential Agricultural. The applicant owns an additional 6.68 acres of property zoned
C- 1 , Neighborhood Commercial to the south and currently within the City limits. A
rezoning application was submitted to the Planning Division to rezone all 30.871 acres
RSF-4. The Planning Commission separated its consideration of the property proposed
to be rezoned, and made separate motions regarding the request to rezone the 24. 191 -acre
tract of property (Tract A) and the 6.68-acre tract of property (Tract B). (See applicant's
appeal of Planning Commission decision.)
The applicant intends to develop this property for a single family subdivision similar in
density and character to the surrounding subdivisions. The applicant requests a rezoning
of the subject property from R-A, Residential Agricultural, to RSF-4, Residential Single-
family — 4 units per acre, to allow the development of a residential subdivision.
DISCUSSION
This item was heard at the regular Planning Commission on May 09, 2005. The Planning
Commission voted 5-3-0 to forward this item to the City Council with a recommendation
of approval, with Commissioners Ostner, Clark, and Allen voting no.
The original rezoning request was for a rezoning from the property annexed (24. 191
acres, R-A) and that already in the city (6.68 acres, C- 1 ). Staff recommended denial of
this request, finding that the C- 1 property was appropriate in this area and met the Future
Land Use policy of the city. The Planning Commission separated the original request
into two recommendations: ( 1 ) Approval of the RSF-4 for the northern 24. 191 acres; and
City Council Ming of June 07, 2005
Agenda Item Number
(2) Denial of rezoning the existing C- 1 to RSF-4. The applicant has subsequently
appealed the vote to deny, which is also on this agenda.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1452 FOR APPROXIMATELY
24. 19 ACRES LOCATED AT THE END OF COUNTRY RIDGE
ROAD, NORTH OF 16 EAST AND WEST OF DEERFIELD WAY
FROM R-A, RESIDENTIAL-AGRICULTURAL TO RSF-4,
RESIDENTIAL SINGLE FAMILY - 4 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-Agricult61alj6\RSF-4, Residential Single/ Family - 4
Units/Acre, as shown in Exhibit "A" attached'hercto and madea part hereof.
n.
Section 2. Tifafthe 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 day of / 2005.
APPROVED:
By:
DAN COODY, Mayor
ATTESTV\
By:
Sondra Smith, City/Clerk
EXHIBIT "A"
RZN 05-1452 (TRACT Al
REZONE FROM R-A TO RSF-4, THE FOLLOWING:
A PART OF THE NORTHWEST QUARTER (NW'/<) OF SECTION TWENTY (20),
TOWNSHIP SIXTEEN ( 16) NORTH, RANGE TWENTY-NINE (29) WEST, MORE
PARTICULARLY DESCRIBED AS COMMENCING AT THE WEST QUARTER (W 1 /4)
CORNER OF SAID SECTION 20 AND CONTINUING THENCE 587027'31 "E 930.97
FEET TO A POINT ON THE SOUTHERN BOUNDARY OF/SAID NORTHWEST
QUARTER (NW 1 /4), AND CONTINUING THENCE NO2040'06 fE 350.01 FEET TO THE
POINT OF BEGINNING; SAID POINT BEING THE/INTERSECTION OF THE
EXISTING FAYETTEVILLE CITY LIMITS BOUNDARY `AND,THE WESTERN
BOUNDARY OF A PARCEL OF LAND DESCRIBED;AS TRACTS B & C IN A
WARRANTY DEED FILED OF RECORD IN BOOKA 284; PAGES 240 AND 241 IN THE
CIRCUIT CLERK' S OFFICE OF WASHINGTON COUTNY, ARKANSAS.\
THENCE NO2040'06"E 1441 .44 FEET. �
THENCE N62008'56"E 246. 16 FEET;
THENCE N53032'58"E 213 . 11 FEET TO THE.EAST BOUNDARY OF THE
NW 1A OF THE NW1 /4 OF =SAID SECTION 20;\\THENCE S02032'24"W 664.64 FEET TO A POINT ON\THE EAST BOUNDARY
OF SAID NWIA OF THE
THENCE S87016'57"E 448.50 FEET; ^
THENCE S0204 1 '09"W 1031 .51 FEET TO THEEXISTING FAYETTEVILLE CITY
LIMITS BOUNDARY; / `\
THENCE ALONG SAID,CITY LIMITS BOUNDARY N87038'06"W 827.08 FEET
TO THE POINT-OF�BEGINNING, CONTAINING 24. 191 ACRES, MORE 'OR LESS, .
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS.
PC Meeting of May 09, 2005
1 ARKANSAS
O 125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS 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: May 4, 2005
RZN 05-1452: (LANE, 571): Submitted by MEL MILHOLLAND for property located at THE
END OF COUNTRY RIDGE, N OF 16E AND W OF DEERFIELD WAY. The property is
zoned R-A, Residential Agricultural and C- 1 , Neighborhood Commercial, and contains
approximately 30.872 acres. The request is to rezone the subject property to RSF-4, Residential
Single Family, 4 units per acre.
Property Owner: FORREST & MODYNE LANE Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends denial of the requested rezoning based on the findings herein.
PLANNING COMMISSION ACTION: Required YES ?. -6 *1Vrov-' �k
QRZN Tau R(vI.191Pc Approved O Denied ( +^ bD2 No ' +
Date: May 09, 2005 —
`ALN o$ '�c.��(rr•Icen� �`CENIED /ad�b.��c�1„v�•. f,,,��rpsd„u2-
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: June 07, 2005 (1st readine if recommended)
BACKGROUND:
Property description: The subject property contains 30.872-acres owned by the Lanes. It is
located north of Huntsville Road (Hwy 16 East) and west of Deerfield Way Subdivision in
southeast Fayetteville. The West Fork of the White River is the northern boundary of the subject
property, and a tributary of this river traverses the property to the east. At this time, the property
is currently used for pasture with one single family home located on the property. With approval
of the proceeding ANX 05- 1451 , the northern 24. 191 acres will be zoned R-A, Residential
Agricultural, and the 6.68 acres currently within the city is zoned C- 1 , Neighborhood
Commercial.
Proposal: The developer intends to develop this property for single family use at a maximum
density of units per acre. The request is to rezone the property RSF-4, Residential Single-family, 4
units per acre.
1 K:Weporul20051PCReporul05-09-05WZN05-1452 (Lano.do
0
Recommendation: Staff recommends denial of the rezoning request to rezone the entire subject
property RSF-4. The proposed zoning adjacent to Huntsville Road is not compatible with the
General Plan 2020. The current C- 1 zoning allows for the development of neighborhood
commercial to serve the current and future residents of this area.
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North West Fork of the White River; Planning Area
pasture
South Vacant/Pasture C-2, Thoroughfare Commercial
East Residential Single Family RSF-4, Res. Single Family — 4 units/acre
Vacant/Pasture Planning Area
West One Single Family Home; pasture Planning Area
INFRASTRUCTURE:
Streets: Currently the site has access to East Huntsville Road. Road improvements per
AHTD, City of Fayetteville, and dedication per the master street plan are required.
Surrounding Master Street Plan Streets:
South: Huntsville Rd (Principal Arterial)
East: Malty Wagnon (Collector), Country Ridge and Deerfield Way (Local)
Water: Public water is adjacent to the site. There is an 8" main along East Huntsville
Road. Water service will need to be extended within the property at the time of
development. Additional connections may be required to complete a looped
system.
Sewer: The site is near sanitary sewer mains. A short off-site sewer main extension may
be required to serve this development. 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 4.3 miles from the Fire Station #5 . Normal driving
time to the site is approximately 9 minutes, with an estimated response time of 9.5
minutes for 28 projected calls at full build out. This does not take into account the
decreased response time for the future Fire Station at the Tyson complex on
Huntsville Road.
Police: It is the opinion of the Fayetteville Police Department that this rezoning will
substantially alter the population density and will possibly create an undesirable
increase on police services. This rezoning will increase our response time to calls
for service because this property is on the very outer fringes of our current service
K.tRepora000510C Repora105-09-05WN 05-1151 (Lane).doc
9 •
area. The potential of creating 120 new homes will increase the traffic on an
already congested arterial street, (Huntsville Road).
LAND USE PLAN: The General Plan 2020 Future Land Use Plan designates this site as
Residential and Neighborhood Commercial.
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 majority of property adjacent to the subject property is located within
the Planning Area and consists of large tracts of land developed for single
family and agricultural uses. Deerfield Place is the only property in the
surrounding area which has been subdivided for single family use. This
property is zoned RSF-4 and R-O and developed at approximately 3.13 units
per acre.
The subject property contains approximately 30.872 acres. The southern
6.68 acres adjacent to Huntsville Road has been zoned C-1, Neighborhood
Commercial, for several years. In 2001 , the General Plan was updated to
designate this area Neighborhood Commercial. This change reflected a
previous land: use decision to allow development of commercial uses
compatible with residential use. Future development of a majority of the
subject property at 4 units per acre would be compatible with the
development within the City. However, rezoning the southern 6.68 acres '
from C-1 to RSF-4 is not consistent with the General Plan, a policy adopted.
five years ago, under which we currently operate.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed rezoning of the southern 6.68 acres is not justified or needed at
this time. The General Plan 2020 identifies Neighborhood Commercial Areas
as: "commercial areas [which will] meet the shopping needs of adjacent
residents" and areas to "provide commercial uses that are accessible for the
convenience of individuals living in residential districts." The nearest
community commercial area adjacent to this property is located at the
intersection of Crossover Rd. and Huntsville Road. Retaining the current C-
1 zoning in this area will allow the development of commercial uses which
will be compatible with and serve the existing residential developments.
Should the annexation request for the 24. 191 acres north of the existing city
limits be approved, the property is zoned R-A by default. The applicant is
K.Weporu120051PC Reports105-09-05LUN 05-1452 (Lane).doc
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requesting the consideration of rezoning this property to RSF-4 should the
annexation request be approved. Staff finds that this zoning is compatible
with the General Plan 2020 and surrounding developments within the City.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The additional density will create an increase in the amount of traffic
currently utilizing Huntsville Road and intersecting streets. The West Fork
of the White River to the north of this and surrounding properties may
prevent a northern street connection. No north-south street connection is
identified on the Master Street Plan between Mally Wagnon Road and Starr
Drive, an unconstructed street. Staff recommends connectivity between
future development of this property and surrounding properties to allow for
many alternative routes of travel to Huntsville Road.
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 will increase population density from that zoning
currently in place. The 24.191 acre tract under an R-A zoning designation
would allow for a maximum 12 single family residential dwelling units. With t
the proposed RSF-4 designation for the entire 30.872 acres, a maximum of .
123 single family dwelling units would be permitted.
Increased load on public services were taken into consideration and
recommendations from Engineering, Police Department, and Fire
Department are included in this report.
Police Comments: It is the opinion of the Fayetteville Police Department that
this rezoning will substantially alter the population density and will possibly
create an undesirable increase on police services. This rezoning will increase
our response time to calls for service because this property is on the very
outer fringes of our current service area. The potential of creating 120 new
homes will increase the traffic on an already congested arterial street,
(Huntsville Road).
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;
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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.WeporLWOOAPC ReporIA05-09-05PZN 05-1452 aanq).do