HomeMy WebLinkAboutOrdinance 4721 ORDINANCE NO. 4721
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 05-1502 FOR APPROXIMATELY 10.47
ACRES LOCATED AT THE SOUTHWEST CORNER OF WEIR ROAD
AND SALEM 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 classification of the following described property is
hereby changed as follows:
From R-A, Residential-Agricultural to RSF-4,
Residential Single-Family, 4 units per acre, as shown
on 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 5th day of July, 2005.
�.•�� aunomn APPROVE
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; FAYETTEVILLE • By:
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ATTEST: "Z>ON �GO'NN
By: OGLE N Num
SONDRA SMITH, City Clerk
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Recorded : 08/23/20050at711B30R38 AM
Fee Amt : $11 . 00 pane 1 of 2
Washington County , AR
Bette stamps circuit Clerk
Flle2005-00037064
I
EXHIBIT "A"
RZN 05-1502
THE PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, MORE FULLY
DESCRIBED AS FOLLOWS :
BEGINNING AT THE SOUTHEAST CORNER OF SAID NW 1 /4 NW '/4 AND RUN
THENCE NORTH 87036120" WEST ALONG THE SOUTH LINE OF SAID NW 1 /4
NW 1 /4 FOR 662.41 FEET; THENCE NORTH 3010'04" EAST FOR 422.59 FEET;
THENCE NORTH 90000900" EAST FOR 309.29 FEET TO A POINT THAT IS 347.66
FEET WEST OF THE EAST LINE OF SAID NW 1 /4 NW 1 /4, THENCE NORTH
2021110" EAST FOR 453 .65 FEET TO A POINT IN THE CENTER OF SAID
WASHINGTON COUNTY ROAD No. 94; THENCE NORTH 79045 ' 52" EAST
ALONG THE CENTERLINE OF SAID WASHINGTON COUNTY ROAD No. 94 FOR
355.92 FEET TO A POINT ON THE EAST LINE OF SAID NW 1 /4 NW 1/4 THAT IS
353 .33 FEET SOUTH 2021 ' 10" WEST FROM THE NORTHEAST CORNER OF SAID
NW 1 /4 NW 1/4; THENCE SOUTH 2°21 ' 10" WEST ALONG THE EAST LINE OF
SAID NW 1 /4 NW 1 /4 FOR 966.95 FEET TO THE POINT OF BEGINNING
CONTAINING 10.47 ACRES MORE OR LESS.
r
Washington County, AR
I certify this instrument was filed on
08/23/2005 11 :30:38 AM
and recorded in Real Estate
File Number 2005.00037064
Bet ta/np - Circuit Clerk
by
7/1y��
• City Council Sting of July 05, 2005 7 ,P
Agenda Item Number /<UN
CITY COUNCIL AGENDA MEMO &Ab-AV
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations rr
From: Jeremy C. Pate, Director of Current Planning�D
Date: June 15 , 2005
Subject: Rezoning for Benton Development (RZN 05- 1502)
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 10.47 acres
of property from R-A, Residential-Agricultural, to RSF-4, Residential Single-Family, 4
units per acre.
BACKGROUND
The subject property contains approximately 10.47 acres owned by the Haynes. It is
located north of Salem Meadows Subdivision and west of Crystal Springs Subdivision
Phase I. At this time, the subject property is currently vacant.
Rezoning this property to allow development of four single family dwellings per acre will
not significantly increase the population density in this area. This property is adjacent to
two single-family subdivisions within the City, both of which are zoned RSF-4; therefore,
development of this property for residential use at four units per acre is consistent with
the surrounding development. 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. Improvements to water and sewer service, as
well as construction of infrastructure adjacent to and within this site will be required at
the time of development.
The applicant proposed a rezoning of the subject property to facilitate the future
development of a residential area at a higher density than that allowed within the R-A
zoning district. The request is to rezone the subject property from R-A, Residential
Agricultural, to RSF-4, Residential Single Family, 4 units per acre.
DISCUSSION
This item was heard at the regular Planning Commission on June 13, 2005 . The Planning
Commission voted 8-0-0 to forward this item to the City Council with a recommend in
favor of the rezoning.
BUDGETIMPACT
None.
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Anf
ORDINANCE NO,
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1502 FOR APPROXIMATELY
10.47 ACRES LOCATED AT THE SOUTHWEST CORNER OF WEIR
ROAD AND SALEM 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 l : 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, 4 units per acre, as shown on 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 day of 12005.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 05-1502
THE PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, MORE FULLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID NW 1 /4 NW 1 /4
AND RUN THENCE NORTH 87°36'20" WEST ALONG THE SOUTH LINE OF
SAID NW 1/4 NW 1/4 FOR 662.41 FEET; THENCE NORTH 3 ° 10'04" EAST FOR
422.59 FEET; THENCE NORTH 90°00'00" EAST FOR 309.29 FEET TO A POINT
THAT IS 347.66 FEET WEST OF THE EAST LINE OF SAID NW 1 /4 NW 1/4,
THENCE NORTH 2021 ' 10" EAST FOR 453 .65 FEET TO A POINT IN THE CENTER
OF SAID WASHINGTON COUNTY ROAD No. 94; THENCE NORTH 79°45 ' 52"
EAST ALONG THE CENTERLINE OF SAID WASHINGTON COUNTY ROAD No.
94 FOR 355.92 FEET TO A POINT ON THE EAST LINE OF SAID NW 1/4 NW 1/4
THAT IS 353 .33 FEET SOUTH 202111051 WEST FROM THE NORTHEAST CORNER
OF SAID NW 1/4 NW 1 /4; THENCE SOUTH 2°21 ' l0" WEST ALONG THE EAST
LINE OF SAID NW 1/4 NW 1 /4 FOR 966.95 FEET TO THE POINT OF BEGINNING
CONTAINING 10.47 ACRES MORE OR LESS.
7aye LLT PC Meeting of June 13 , 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, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: June 8, 2005
RZN 05-1502: (BENTON DEVELOPMENT LLC, 206): Submitted by H2 ENGINEERING,
INC. for property located at SW CORNER WIER AND SALEM RD. The property is zoned R-
A, RESIDENTIAL AGRICULTURAL, and contains approximately 10.47 acres. The request is
to rezone the subject property to RSF-4, Residential Single-family 4 units per acre.
Property Owner: JACK & JOAN HAYNES Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
PLANNING COMMISSION ACTION: Required YES
Approved O Denied
Date: June 13, 2005 N
en /L' h�
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: July 05, 2005 (1" reading if recommended)
BACKGROUND:
Property description: The subject property contains approximately 10.47 acres owned by the
Haynes. It is located north of Salem Meadows Subdivision and west of Crystal Springs
Subdivision Phase I. At this time, the subject property is currently vacant and zoned R-A,
Residential Agricultural.
Proposal: The applicant intends to develop the property for residential use. Therefore, the applicant
is requesting the property be rezoned from R-A, Residential Agricultural, to RSF-4, Residential
Single-Family, 4 Units per Acre, should the preceding annexation request be approved (see attached
letter from the applicant' s representative).
Related Issues: When property is annexed into the City, it is annexed as R-A Residential
Agricultural. If the annexation is recommended for approval to City Council, the applicant would
K.'IReports12005PC Reporrs106-13-05WZN 05-1502 (Penton Developwn�).doc
like to rezone the 10.47 acres to RSF-4, Residential Single Family, 4 Units per Acre. The annexation
request, ANX 05- 1495, is an accompanying item to this rezoning request.
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 uniform and
consistent development pattern.
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North Single family homes on large lots Planning Area
South Single family residential (Salem RSF-4, Res. Single-Family - 4
Meadows SD) units/acre
East Single Family residential (Crystal RSF-4, Res. Single-Family - 4
S rin s Ph. I SD) units/acre
West Single family homes on large lots Planning Area
INFRASTRUCTURE:
Streets: Currently the site has access to Salem Road along the east side and Weir Road on
the north side. Both streets are collectors. Gypsum Drive to the east is planned as
a collector to connect to Weir Road on the north part of the property. Any change
in the Master Street Plan shall be approved by the Fayetteville City Council.
Road improvements required for Salem Road and Weir Road along the property
are to include: right-of-way dedication, pavement 14' from centerline, curb and
gutter, storm drainage, and sidewalks.
Surrounding Master Street Plan Streets:
North: Weir Rd. (Local)
Gypsum Dr. (Collector - Unconstructed)
East: W. Salem Rd. (Collector)
West: Salem Rd. (Collector)
Water: Public water is adjacent to the site. There are existing water stub-outs from
development on the south and the east sides of the development. There is an 8"
main along Salem Road to the south of the property, and a 2" main along the north
side of the property. There may be additional assessments for the water system
improvements along Salem Road. Water service would need to be extended
within the property at the time of development. Minimum size of new water
mains is 8". Additional connections shall be required to complete a looped
system. No long range improvements to the water system are planned at this time
for this area. A study of the water supply shall be conducted at the cost of the
developer prior to development.
K:lRepora12005PC ReporU106-13-051RZN 05-1501 (&nton De e(opment).doc
Sewer: The site does have access sanitary sewer through development to the south.
Minimum size of new sewer mains is 8". Sewer would need to be extended
within the property. A capacity analysis of the downstream sewer lines shall be
conducted and a capacity analysis of the lift stations downstream of the site shall
be conducted prior to development at the cost of the developer.
Fire: The subject property is located approximately 2.6 miles from the Fire Station #7.
Response time to the property is approximately 6 minutes. The Fire Department
has projected a response time of 6.5 minutes at full build-out, with 10 calls per
year.
Police: It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially alter the population density and thereby undesirably increase the load
on police services or create and appreciable increase in traffic danger and
congestion in the area.
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
I . 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 RSF-4 zoning for a Single family residential use is compatible
with adjacent and nearby single family residential land use. The General
Plan designates this area for residential use, 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 subdivision
with density compatible to those surrounding subdivisions within the City
could not be developed as it is currently zoned. A higher density than the R-
A zoning district is appropriate in this area, and would provide compatibility
with adjoining developments that are zoned RSF-4.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will provide additional traffic on all adjacent streets.
Salem Road, a Collector Street on the Master Street Plan (MSP), is adjacent
K.V?eports12005PC Reporu106-13-05VZZN 05-/502 (Benton DevelopmenQ.doc
to the eastern property line of the subject property. Weir Road, a Local
Street on the MSP adjoins the northern boundary of the property. In
addition to these existing streets, Gypsum Dr., a Collector Street, is shown on
the MSP to bisect the northern portion of the property, south of Weir Rd,
and align with the existing Gypsum Dr to the east. These several existing
streets that surround the property will allow traffic to disperse in an efficient
manner and lessen any negative affects from the addition of vehicular traffic
in this area. The Fayetteville Police Department finds that rezoning this
property will not result in an appreciable increase in the level of traffic
danger and congestion in the area.
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. Under an R-A,
Residential Agricultural designation, the 10.47-acre tract would allow for a
maximum of 5 dwelling unit (1 unit / 2 acres). With the proposed RSF-4
designation, 41 dwelling units would be permitted, with a projected total of
90 future residents in this area. Rezoning the property increases the possible
number of residential units and population than that which would be allowed
in the R-A zoning district, but is consistent with land use, zoning, and
development patterns in the immediate vicinity.
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:IReportr110051PC Repor1s106-13-05WZN 05-1501 (Fenton De elopment).do
161.03 District R-A, Residential-Agricultural 161.07 District RSF4, Residential Single-
Family — Four Units Per Acre
(A) Purposes. The regulations of the agricultural
district are designed to protect agricultural land (A) Purpose. The RSF-4 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 C -wide uses b right
1 Permitted uses. Unit 8 Siin le-famil dwelling
Unit 1 Ci -wide uses by tight
Unit 3 Public protection and utility facilities
Unit6 Agriculture
Unit 7 Animal husbandry (2) Conditional uses.
Unit 8 Single-familydwellings
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 City-wide uses b conditional usegemit nit 9 Two-famil dwellin s
Unit 4 Cultural and recreational facilitiesUnit 24 Home occu ations
Unit 20 Commercial recreation, lar a siteUnit 36 Wireless communications facilities
Unit 24 Home occu ations
Unit 36 Wireless communications facilitie (C) Density.
(C) Density, Single-family Two-family
Units per acre One-half dwellin s dwellings
Units per acre 1 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 dwellingunit 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.
(E) Setback requirements.
Front Side Rear
35 ft. 20 ft. 35 ft. Front Side I Rear
25 ft. 8 ft. 20 ft.
(F) Height requirements. There shall be no
maximum height limits in the A- I District, (F) Height. None.
provided, however, that any building which
exceeds the height of 15 feet shall be setback from (G) Building area. On any lot the area occupied
any boundary line of any residential district a by all buildings shall not exceed 40% of the total
distance of 1 .0 foot for each foot of height in area of such lot.
excess of 15 feet. Such setbacks shall be measured
from the required setback lines.
(G) Building area. None.
K.Weporu120051PC Reports106-13-05WZ-N 05-1502 (Benton De e(opm m).doc
May 16, 2005
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
In reference to RZN05-1502: (BENTON DEVELOPMENT LLC, 206): Submitted by
H2 ENGINEERING INC, for property located at SW CORNER OF WEIR AND SALEM
ROAD. The property is zoned R-A RESIDENTIAL AGRICULTURAL and contains
approximately 10.66acres. The request is to rezone the subject property to RSF-4,
Residential Single Family, 4 units per acres.
It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially alter the population density and thereby undesirably increase the load on
police services or create and appreciable increase in traffic danger and congestion in the
area.
Individually, each of these annexations and 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.
Sincerely,
Captain William Brown
Fayetteville Police Department