HomeMy WebLinkAboutOrdinance 4742 ORDINANCE NO. 4742
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 05- 1581 FOR
APPROXIMATELY 31 .59 ACRES LOCATED AT HUNT
LANE, SOUTH OF HWY 16 EAST 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, 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 1611, day of August, 2005.
APPROVED:
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:FAYETTEVILLE ; DAN COODY, MaWN
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By: Doc ID : 009064620002 Tvoe : REL
SONDRA SMITH, City Clerk FeecAmt : $11/. 0006/2005
11/0/Facie Ito09259 : 27 AM
Washlnaton County . AR
Bette $taws circuit Clerk
File2005-00039241
EXHIBIT "A"
RZN 05-1581
A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 19, TOWNSHIP 16 NORTH RANGE 29 WEST AND BEING MORE
PARTICULARLY DESCRIBED FOLLOWS:
BEGINNING AT A POINT WHICH IS SOUTH 343 .33 FEET FROM THE
NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF SOUTHEAST
QUARTER AND RUNNING THENCE N89°59'51 "E 1320.53 FEET, THENCE
SOUTH 213 .00 FEET, THENCE S0000910511E 1421 .88 FEET, THENCE S8905912311W
662. 14 FEET, THENCE S8905912311W 160 FEET, THENCE NORTH 330.00 FEET,
THENCE N89059'23 "E 160 FEET, THENCE N0000413311W 858.00 FEET, THENCE
S89059'31 "W 422.46 FEET, THENCE N00000127"W 120.06 FEET, THENCE WEST
212.00 FEET, THENCE NORTH 114.00 FEET, THENCE WEST 25 .68 FEET,
THENCE NORTH 212.94 FEET TO THE POINT OF BEGINNING, CONTAINING
31 .59 ACRES, MORE OR LESS
Washington County, AR
I certify this instrument was filed on
09/05/2005 09:59:27 AM
and recorded in Real Estate
File Number 2005-00039241
Bette Stamps - Circuit Cl rk
by
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City Council Meeting of August 02, 2005 RzN0 - $�
Agenda Item Number
.
CITY COUNCIL AGENDA MEMO `�fl
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: July 13, 2005
Subject: Rezoning for Sloan Properties, Inc. (RZN 05- 1581 )
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 31 .59 acres
of property from R-A, Residential-Agricultural, to RSF-4, Residential Single-Family, 4
units per acre.
BACKGROUND
The subject property contains 31 .59 acres, consisting of all or portions of six legal tracts
of property, each owned by a separate individual, corporation, or trust. It is located south
of Huntsville Road (Hwy 16 East) and west of Sequoyah Meadows Subdivision. At this
time, the property is currently used for agricultural uses with several single family homes
located on the property. It is zoned R-A, Residential Agricultural.
The applicant proposes 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 should the preceding
annexation request, ANX 05- 1580, be approved.
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 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.
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.
DISCUSSION
This item was heard at the regular Planning Commission on June 11 , 2005. The Planning
Commission voted 6-0- 1 to forward this item to the City Council with a recommendation
in favor of the rezoning. Commissioner Anthes abstained from voting on this item.
Ap- Gh tA4 qt^ d rj4zbn5 0/c�-M5
City Council Meet• of August 02, .2005
Agenda Item Number
Public comment was received at the Planning Commission meeting from two adjacent
residents who expressed concern regarding the potential increase in traffic on Huntsville
Road, the impacts of an increase in density, and questions regarding impact to existing
natural features at the time of development.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1581 FOR APPROXIMATELY
31 .59 ACRES LOCATED AT HUNT LANE, SOUTH OF HWY 16
EAST FROM R-A, RESIDENTIAL-AGRICULTURAL TO RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classification of the follow�ng described property is
hereby changed as follows:
From R-A, Residential-Agriculturalto RResidenhal
Single Family, 4 units per acre,as shown on Ekhibit "A"
Attached hereto and made a part he eoff
Section 2 : That the official zongmap of the City:\o Tayetteville, Arkansas is
hereby amended to reflect the zoning change:provided in Section 1 above.
PASSED and APPROVED thisN'\ da ` ® 2005.
APPROVED:
35_
c y
By:
DAN COODY, Mayor
ATTEST. "
By:
SONDRA SMITH, City Clerk
EXHIBIT "Al?
RZN 05-1581
A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 19, TOWNSHIP 16 NORTH RANGE 29 WEST AND BEING MORE
PARTICULARLY DESCRIBED FOLLOWS:
BEGINNING AT A POINT WHICH IS SOUTH 343 .33 FEET FROM THE
NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF SOUTHEAST
QUARTER AND RUNNING THENCE N89°59'51 "E 1320.53 FEET idiENCE
SOUTH 213 .00 FEET, THENCE S00009'05"E 1421 . 88 FEET„,�THENCE S89059'23 "W
662. 14 FEET, THENCE S89°59'23 "W 160 FEET, THE I�OR�TH 330.00 FEET,
THENCE N89059'23 "E 160 FEET, THENCE N00°04'33 "W858.00 FEET THENCE
S89°59'31 "W 422.46 FEET, THENCE N00°00'27" W/1209FEET, THENCE WEST
212.00 FEET, THENCE NORTH 114.00 FEET, THENCE WEST 25 .68 FEET
f ¢�
THENCE NORTH 212.94 FEET TO THE POINT OF BEGINNING, CONTAINING
31 .59 ACRES, MORE OR LESS G \
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PC Meeting of July 11 , 2005
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125 Mountain
Fayetteville, AR 7270101
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: July 6, 2005
RZN 05-1581 : Rezoning (SLOAN PROPERTIES INC., 609): Submitted by RAYMOND
SMITH for property located at HUNT LANE, S OF HWY 16E. The property is ZONED R-A,
RESIDENTIAL AGRICULTURAL and contains approximately 31 .59 acres. The request is to
rezone the subject property to RSF-4, Residential Single Family, 4 units per acre.
Property Owners: KING, OSBORNE, SMITH, HESTER, OZARK ELECT, MULLIS
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: July 11 , 2005 2 O `
lyres Irur� !0 -
CITY COUNCIL ACTION: Required YES AM(txm ' abs�Ai^
O Approved O Denied
Date: August 02, 2005 (1st reading if recommended)
BACKGROUND:
Property description: The subject property contains 31 .59 acres, consisting of all or portions of
six legal tracts of property, each owned by a separate individual, corporation, or trust. It is
located south of Huntsville Road (Hwy 16 East) and west of Sequoyah Meadows Subdivision.
At this time, the property is currently used for agricultural uses with several single family homes
located on the property. At this time the subject property is 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). Those properties currently developed for single family
use within this property will be permitted to continue this use within the RSF-4 zoning district. Any
K.'IReporbf2005NCReportr107-11-05IRZN05-1581 (Shan Properties, Inc.).doc
agricultural use on the property which currently exists will become a nonconforming use, but may
continue on the property until such time that it has ceased for more than 120 days.
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
like to rezone the 31 .59 acres to RSF-4, Residential Single Family, 4 Units per Acre. The annexation
request, ANX 05- 1580, 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 Residential Single Family RSF-4, R-A
South Residential Single Family; pasture Planning Area
East Residential Single Family; pasture RSF-4, Planning Area
West Residential Single family RSF-4
INFRASTRUCTURE:
INFRASTRUCTURE:
Streets: Currently the site has access to Hunt lane, and Tallgrass Drive via an existing
stub-out, a residential street. Road improvements required for Hunt lane include:
dedication of right-of-way and installation of sidewalks per the Master Street
Plan, width of paving from centerline to be determined at time of submittal to the
Planning Division for subdivision, curb and gutter, and storm drainage. Traffic
will exit the development and access Hunstville Road, a Principal Arterial Street.
Surrounding Master Street Plan Streets:
South: Huntsville Rd (Principal Arterial)
East: Hunt Lane (Local Street)
West: Tallgrass Drive (Local Street)
Water: Public water is adjacent to the site. There is an 8" waterline along Hunt Lane and
an 8" waterline along Tallgrass Drive. Water service will need to be extended
within the property at the time of development connecting the two previously
mentioned systems. Long range improvements for the water system include
increasing the size of the service line along Huntsville Road to a 12" diameter
main.
K:IReporu11005PC Reporu107-11-05WZN 05-1581 (Sban Properties, Ine.).doc
Sewer: Sanitary sewer is near to the site. There is an 8" sewer main within the
development to the west, and an 8" sewer main within the development to the
east. Sewer service will need to be extended to, and within, the property at the
time of development. An analysis of the downstream sewer system as well as
downstream lift stations shall be performed prior to submittal of construction
review plans at the cost of the developer.
Drainage: The site is mostly hilltop land with some areas witch contain 15% or greater
slopes. There appears to be a creek through the site that does contain floodplain
and floodway. Runoff from the site is split down the bulk of the property flowing
overland to the east, and west to the creek. Drainage from the site flows
northward until it reaches the West Fork of the White River. Additional measures
may be required as the property develops and permanent features put in place to
protect the creek and restrict the runoff to pre-developed conditions.
Fire: The subject property is located approximately 3 .5 miles from the Fire Station #5 .
Response time to the property is 6 minutes with a projected response time at full
build-out to be approximately 6.45 minutes with 29 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 (proposed Fire Station #3), which is 4
minutes from subject property.
Police: It is the opinion of the Fayetteville Police Department that this annexation will
not substantially alter the population density or create an undesirable increase the
load on police services nor will it create an 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.
K.IRepore;U005TC ReportsW7-11-05ViZN 05-1581 (Shan Properties, Inu).doc
o 0
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. Some of the properties
within the requested rezoning are partially within the City at this time. Of
those properties, several are zoned RSF-4, while others are zoned R-A.
Rezoning to RSF-4 will be compatible with the surrounding zoning districts
and uses, and any agricultural use could remain as a nonconforming use
until such time that the activity ceases for more than 120 days.
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, Hunt Lane, and Tallgrass Drive.
Connectivity between this property and surrounding properties shall be
evaluated at the time of development to ensure adequate vehicular
circulation. The 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 31.59-acre tract would allow for a
maximum of 15 dwelling unit (1 unit / 2 acres). With the proposed RSF-4
designation, 126 dwelling units would be permitted, with a projected total of
278 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.
K:lReporlsl2005PCReporUI07-11-05YZZN05-1581 (Sban Properties, Inc.).doc
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
KAReporls0005NC Repora107-11-05VU.N 05-1581 (Shan Properties, Ina).doc