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Home My WebLink AboutOrdinance 4712 I IIIIIIIIII VIII VIII IIIIIIIIIIIIIIIIIIII VIII IIIIIIIIIIIIIII VIII IIIIIIII ID : 008701280002 Tvoe : REL Recorded : 07/14/2005 at 02 : 38 : 44 PM Fee Amt : $11 . 00 Pace 1 of 2 Mashlnoton Countv . AR Bette Stamos Circuit Clerk ORDINANCE NO. 4712 File2006_nnnaqo661 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 05- 1471 FOR APPROXIMATELY 36.99 ACRES LOCATED AT 5150 AND 5270 E. HUNTSVILLE ROAD FROM R-A, RESIDENTIAL- AGRICULTURAL TO RSF-45 RESIDENTIAL SINGLE- FAMILY, FOUR UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zoning 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 Th day of June, 2005. , APPR VED: SG, ; FAYETTEVILLE ' By: GOODY, Mayor . ys.9,QKANSPC'J�'': ATTEST: '�y;NGTON ,�``��• By: SONDRA SMITH, City Clerk EXHIBIT "A" RZN 05-1471 PART OF THE W1 /2, NWI/4 OF SECTION 20, T16N, R29W IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID NW THENCE N0001 5'34"E 1705.44 FEET, THENCE S84014'269tE 412.50 FEET, THENCE N6301513411E 250.79 FEET, THENCE S8704412611E 1 .41 FEET, THENCE S87044'26"E 262.73 FEET, THENCE N62° 15'34"E 36.61 FEET, THENCE S0001 513419W 1781 .62 FEET, THENCE N89044'26"W 294.90 FEET, THENCE S89°42'31 "W 635.50 FEET TO THE P.O.B. ; CONTAINING 36.99 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY RECORD. Washington County, AR I ceAify this instrument was filed on 07/114/2005 02:38:44 PM and recorded in Real Estate File Number 2005-00030661 Bette Stamps - Circuitit ClClerk 6 by D161D City Council Peting of June 07, 2005 Agenda Item Number CITY COUNCIL AGENDA MEMO A;M O5 , Ig7V To: Mayor and City Council S/SD ¢ �✓s�7� Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: May 20, 2005 Subject: Rezoning for Phillips/Baggett (RZN 05- 1471 ) RECOMMENDATION Planning Staff recommends approval of an ordinance rezoning approximately 36.99 acres of property from R-A, Residential Agricultural, to RSF-4, Residential Single Family, 4 units per acre. BACKGROUND The subject property contains 36.99-acres owned by the Phillips and Baggett. It is located north of Huntsville Road (Hwy 16 East) and Sequoyah Meadows Subdivision. Property to the east is owned by the Lanes and currently under consideration for annexation into the City of Fayetteville. At this time, the property is currently used for single family and agricultural uses. The West Fork of the White River is the northern boundary of the subject property, and a tributary of this river bisects the eastern portion of the property. With approval of ANX 05- 1470, the northern 29.59 acres will be zoned R-A, Residential Agricultural, and the 7.4 acres currently within the city is zoned R-A, Residential Agricultural. The subject property contains properties owned by Phillips and Baggett. According to the letter submitted by the applicant, the owner of the larger 25 .01 -acre tract intends to develop this property for single family use at a maximum density of 4 units per acre. The owner of the smaller 11 .98-acre tract does not have intensions to develop at this time. The request is to rezone both tracts of property RSF-4, Residential Single-family, 4 units per acre. Staff recommended approval of the request to rezone the subject property RSF-4. No public comment was received regarding this request. DISCUSSION This item was heard at the regular Planning Commission on May 09, 2005. The Planning Commission voted 7-2-0 to forward this item to the City Council with a recommend in favor of the rezoning, with Commissioners Ostner and Clark voting no. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 05- 1471 FOR APPROXIMATELY 36.99 ACRES LOCATED AT 5150 AND 5270 EAST HUNTSVILLE ROAD 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 classificati11� on of the following described property is hereby changed as follows:' From R-A, Residential-Agricultural, to\RSF4,Residential Single-Family, 4 units per acre, as shown in Exhibit "A" attached hereto and made a part hereof. Section 2. Thaf'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: j By: �A V DAN COODY, Mayor � 1 ATTEST: \, By: ` \ Sondra Smith, City/Clerk v EXHIBIT "A" RZN 05-1471 PART OF THE W1 /2, NWI /4 OF SECTION 20, TI6N, R29W IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SW CORNER OF SAID NW THENCE N00° 15'34"E 1705.44 FEET, THENCE S8401412611E 412.50 FEET, THENCE N63015134"E 250.79 FEET, THENCE S87044'26"E 1 .41 FEET, THENCE S87°441261'E 262.73 FEET, THENCE N62° 15'34"E 36.61 FEET, THENCE S00015'34"W 1781 .62 FEET, THENCE N89044'26"W 294.90 FEET, THENCE S89°42'31"W,635 .50 FEET TO THE P.O.B. ; CONTAINING 36.99 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY RECORD. n r � \NN' \ 7 a�\7,\\y/jye LLMHe PC Meeting of May 09, 2005 ! ARKANSAS ° THE CITY OF FAYETTEVILLE125 W. Mountain St., 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 05-1471 : Rezoning (PHILLIPSBAGGETT, 571): Submitted by MICHELE, A HARRINGTON for property located at 5150 AND 5279 E HUNTSVILLE RD. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 36.99 acres. The request is to rezone the subject property to RSF-4, Residential Single-family, 4 units per acre. Planner: SUZANNE MORGAN RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings herein. PLANNING COMMISSION ACTION: Required YES 00 Approved O Denied Date: May 09, 2005 M ,} , , {. f1Pe. Tom,. /(„ , Z 7, 2y0 wi+fL os(.wr CITY COUNCIL ACTION: Required YES O Approved O Denied Date: June 07, 2005 (1st reading if recommended) BACKGROUND: Property description: The subject property contains part of two tracts totaling 36.99-acres owned by the Phillips and Baggett. It is located north of Huntsville Road (Hwy 16 East) and Sequoyah Meadows Subdivision. Property to the east is owned by the Lanes and currently under consideration for annexation into the City of Fayetteville. At this time, the property is currently used for pasture with several single family homes located on the property. It is within the Planning Area and adjacent to the City limits along the southern property line and east property line should the proceeding ANX 05- 1451 be approved by the City Council. The West Fork of the White River is the northern boundary of the subject property, and a tributary of this river bisects the eastern portion of the property. With approval of ANX 05- 1470, the northern 29.59 acres will be zoned R-A, Residential Agricultural, and the 7.4 acres currently within the city is zoned R-A, Residential Agricultural. K:IReponsp0051PC ReporaIO5-09-O51RZN OS-1171 (Phillips R Baggett).doc 0 0 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. Recommendation: Staff recommends approval of the rezoning request to rezone the subject property RSF-4. The proposed zoning is compatible with the General Plan 2020 and the surrounding developed properties currently within the City of Fayetteville. SURROUNDING LAND USE AND ZONING : Direction Land Use Zoning North West Fork of the White River; Planning Area pasture South Vacant/Pasture R-A, Residential Agricultural East Vacant/Pasture Planning Area (RSF-4, Res. Single Family — 4 units/acre proposed) West 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: Mally 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. This may include an off-site connection to be determined at a later date. Sewer: The site has access sanitary sewer. There is a 6" sewer main along the east half of the property. Sewer will need to be extended within the property at the time of 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 approximately 3 .9 miles from the Fire Station #5 . Response time to the property is 8 minutes with a projected response time at full build-out to be approximately 8 minutes with 34 annual calls for service. 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 K:IRepor1s11005NC Repora105-09-05V?ZN 05-1471 (Phillips & Baggerr).doc 0 • increase on police services. This rezoning will increase our response time to calls for service because this property is on the outer boundaries of our current service area. The potential of creating 147 new homes will increase the traffic on an already congested arterial roadway, (Huntsville Road). LAND USE PLAN: The General Plan 2020 Future Land Use Plan designates this site as Residential. 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 (RSF-4 and R-O) and Sequoyah Meadows (RSF-4) are a few of the surrounding properties within the city which have been subdivided for single family use. Development of the subject 36.99 acres is consistent with surrounding developments. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Should the annexation request for the 29.59 acres north of the existing city limits be approved, the property is zoned R-A by default. The applicant is requesting consideration of rezoning this property and the property currently within the City of Fayetteville to RSF-4 for future development. 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. K:IRepons12005PC Reportsl05-09-05VL7N05-/J7/ (Phillips & Bagge0).da • • 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 36.99 acre tract under an R-A zoning designation would allow for a maximum 18 single family residential dwelling units. With the proposed RSF-4 designation, a maximum of 147 single family dwelling units would be permitted. Increased load on public services were taken into consideration and recommendations from Engineering, Police 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 outer boundaries of our current service area. The potential of creating 147 new homes will increase the traffic on an already congested arterial roadway, (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; 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 KJRepor1s120051PC RepornI05-09-05ViZN 05-1471 (Phillips & Baggeit).doc 161.03 District R-A, Residential-Agricultural 161.07 District Rsf-4, Residential Single- Family ingleFamily — Four Units Per Acre (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land (A) Purpose. The RSF4 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 Ci -wide uses b right I Permitted uses. Unit 8 Sin le-famil 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 Ci -wide uses b conditional use permit Unit 9 Two-tamil 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) Density, Single-family Two-family Units per acre One-half dwellings dwellin s Units er acre 4 or less 7 or less (D) Bulk and area regulations. (D) Bulk and area regulations. Lot width minimum 200 ft. 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. dwellin unit (E) Setback requirements. Front Side Rear (E) Setback requirements. 35 ft. 20 ft. 35 ft. (F) Height requirements. There shall be no Front Side Rear 25 ft. 8 ft. 20 ft. maximum height limits in the A- I District, provided, however, that any building which (F) Height. None. exceeds the height of 15 feet shall be setback from any boundary line of any residential district a (G) Building area. On any lot the area occupied distance of 1 .0 foot for each foot of height in by all buildings shall not exceed 40% of the total excess of 15 feet. Such setbacks shall be measured area of such lot. from the required setback lines. (G) Building area. None. 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