HomeMy WebLinkAboutOrdinance 4744 ORDINANCE NO, 4744
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1604 FOR APPROXIMATELY
1 .6 ACRES LOCATED NORTH OF HUNTSVILLE ROAD (HWY
16 EAST) AND 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, 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 16th day of August, 2005.
APPROVED:
\,G .G\S Y 0
; FAYETTEVILLE ; ? By:
03�a DAN COODY, Mayor
:,ys.9RKANSP�J�;d
ATTEST: °'y�,1GTON ��``�•
By: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
SONDRA SMITH, City Clerk Doc ID : 009064640002 TVDe : REL
Recorded : 09/06/2005 at 10 : 00 : 27 AM
Fee Amt : $11 . 00 Pace 1 of 2
Mashinoton Countv . AR
Bette Stamos Circuit Clerk
File2005-00039243
EXHIBIT "A"
RZN 05-1604
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)
CORNER OF SAID SECTION 20 AND CONTINUING THENCE S87022'31 "E 930.97
FEET TO A POINT ON THE SOUTHERN BOUNDARY OF SAID NORTHWEST
QUARTER (NW), AND CONTINUING THENCE NO2040106"E 350.01 FEET TO A
POINT BEING THE INTERSECTION OF THE EXISTING FAYETTEVILLE CITY
LIMITS BOUNDARY AND THE WESTERN BOUNDARY OF A PARCEL OF LAND
DESCRIBED 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 CONTINUING NO204010611E 1441 .44 FEET,
THENCE N62008'56"E 246. 16 FEET, THENCE N5303215811E 213 . 11 FEET TO THE
EAST BOUNDARY OF THE NW 1 /4 OF THE NW 1 /4 OF SAID SECTION 20,
THENCE ALONG SAID EAST BOUNDARY S02032'24"W 224.64 FEET THE POINT
OF BEGINNING;
THENCE S87012' 14"E 70.55 FEET;
THENCE AN ARC LENGTH OF 163.84 FEET, HAVING A RADIUS OF 50 FEET
AND DELTA ANGLE OF 187045'07", WITH CHORD BEARING AND DISTANCE
OF S06040'20"W 99.77 FEET;
THENCE S02041 '09"W 256.79 FEET;
THENCE S87018'51 "E 460.60 FEET;
THENCE S02039'29"W 83 .84 FEET;
THENCE S87016'57"W 523 . 14 FEET;
THENCE NO2032'24"E 440.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 70,908 SF, 1 .628 ACRES, MORE OR LESS, WASHINGTON
COUNTY, ARKANSAS .
Washington County, AR
I certify this instrument was filed on
09/06/2005 10:00:27 AM
and recorded in Real Estate
File Number 2005-00039243
Bette Stamps - Circuit Cl r
by
o ,ev
City Council Meeog of August 16, 2005 44
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operatiot /I
From: Jeremy C. Pate, Director of Current Planning
Date: July 25, 2005
Subject: Rezoning forLane (RZN 05- 1604)
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 1 .6 acres of
property from R-A, Residential-Agricultural, to RSF-4, Residential Single-Family, 4
units per acre.
BACKGROUND
The subject property contains approximately 1 .6-acres. It is located north of Huntsville
Road (Hwy 16 East) and Deerfield Way Subdivision in southeast Fayetteville. At this
time, the property is currently vacant and used for agricultural purposes. This 1 .6-acre
property is a portion of a larger 5.3-acre tract requested for annexation. The applicant
anticipates incorporating this property into adjacent property to the west for development
of a residential subdivision. Only a portion of the 5 .3-acre tract is requested for rezoning,
as the applicant intends to utilize an existing excavated basin for detention.
The applicant proposes a rezoning of the subject property to facilitate the future
development of a residential area. 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- 1603, be approved.
Rezoning this property to allow development of four units per acre will not significantly
increase the population density in this area and is consistent with the surrounding
residential zoning. It is the opinion of the Fayetteville Police Department that this
rezoning will not create an undesirable increase on police services.
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 July 25, 2005 . The Planning
Commission voted 8-0-0 to forward this item to the City Council with a recommendation
in favor of the rezoning.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1604 FOR APPROXIMATELY
1 .6 ACRES LOCATED NORTH OF HUNTSVILLE ROAD
(HWY 16 EAST) AND 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:
4.
Section 1 : That the zone classification of the following described property is
hereby changed as follows:
From R-A, Residential-AgriculturaCol
F Residential
Single Family, 4 units per acre, as shown on Exhibit "A"
Attached hereto and made a part hereof.
Section 2: That the official zo g ma of the City o Fayetteville, Arkansas is
hereby amended to reflect the zoning ch ge provided in Section 1 above.
PASSED and APPROVED this day of 2005.
APPROVED:
By.
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 05-1604
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)
CORNER OF SAID SECTION 20 AND CONTINUING THENCE S87022'31 "E 930.97
FEET TO A POINT ON THE SOUTHERN BOUNDARY OF SAID NORTHWEST
QUARTER (NW), AND CONTINUING THENCE N02040'06 E 35S 01' FEET TO A
POINT BEING THE INTERSECTION OF THE EXISTING;=FAYETTEVILLE CITY
LIMITS BOUNDARY AND THE WESTERN BOUNDARY OFA PARCEL OF LAND
DESCRIBED IN A WARRANTY DEED FILED OF RECORD IN BOOK 1284,
PAGES 240 AND 241 IN THE CIRCUIT CLERK'S/yO FIGE OF WASHINGTON
COUNTY, ARKANSAS, THENCE CONTINUII�IG`NO2°40'06"E 1441 .44sFEET,
THENCE N62°08'56"E 246. 16 FEET, THENCE N53032'58 >E 213 . 11 FEET/TO THE
r .
EAST BOUNDARY OF THE NW 1 /4 OF THE NWA140� f_SAID SECTION 20,
THENCE ALONG SAID EAST BOUNDARY S02032,t24"W 224.64 FEET THE POINT
OF BEGINNING;
THENCE S87012' 14"E 70.55 FEET
THENCE AN ARC LENGTH OF 1 3 84 FEvET, HAVIN RADIUS OF 50 FEET
AND DELTA ANGLE OF 187°45'07", WITH/*C ORD BEARING AND DISTANCE
OF S06040'20"W 99.77 FI�E�T &
THENCE S02041 '09' W 256.79F)EET;
THENCE S87018'51�'\E 460.60�FEET,
THENCE S0209'29�W,�83 84,FEET,
THENCE S87° 16'57"W�;2;'? I4 FEET, e
THENCE NO2°-32'24"E 44"000 FEET TO THE POINT OF BEGINNING
CONTAINING 70;908rSF, 1 .62VACRES, MORE OR LESS, WASHINGTON
COUNTY, ARKANSAS:.
7yeLLevl e PC Meeting of July 25 , 2005
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain Sl.
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: July 18, 2005
RZN 05-1604: (LANE (5A), 571) : Submitted by MEL MILHOLLAND for property located at
N OF HUNTSVILLE RD & HWY 16E, W OF DEERFIELD WAY. The property is zoned R-A,
RESIDENTIAL-AGRICULTURAL and contains approximately 1 .628 acres. The request is to
rezone the subject property to RSF-4, Residential Single Family, 4 units per acre.
Property FORREST & MODYNE LANE 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: July 25, 2005 1 z
Cl �k.�Tru,...4� S-v-u
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: August 16, 2005 (19' reading if recommended)
BACKGROUND:
Property description: The subject property contains approximately 1 .628-acres owned by the
Lanes. It is located north of Huntsville Road (Hwy 16 East) and Deerfield Way Subdivision in
southeast Fayetteville. At this time, the property is currently vacant and used for agricultural
purposes. This 1 .628-acre property is a portion of a larger 5 .28-acre tract requested for
annexation. With approval of this proceeding annexation, ANX 05- 1603, the 5 .28-acre tract will
be zoned R-A, Residential Agricultural. The applicant anticipates incorporating this property
into adjacent property to the west for development of a residential subdivision. Only a portion of
the 5.28-acre tract is requested for rezoning, as the applicant intends to utilize the existing water
basin for detention.
Proposal: The applicant intends to develop this property in conjunction with property to the west for
single family use at a maximum density of 4 units per acre. The request is to rezone the property
RSF-4, Residential Single-family, 4 units per acre. The remainder of the 5.28-acre tract of land
K.,IReports120051PC Reports107-25-05WZN 05-1607 (Lane (5A)).doc
requested for annexation will remain R-A, Residential Agricultural and is planned to be utilized for
detention for the subsequent development.
Recommendation: Staff recommends approval of the rezoning request to rezone the subject
property RSF-4 based on findings herein.
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North West Fork of the White River (one Planning Area
property removed); pasture R-A, Residential Agricultural
South Vacant/Pasture PPL proposed) RSF-4, Res. Single Family — 4 units/acre
East Residential Single Family; Planning Area
Vacant/Pasture R-A, Residential Agricultural
West Vacant/Pasture PPL proposed) RSF-4, Res. Single Family — 4 units/acre
INFRASTRUCTURE:
Streets: Traffic from the site will access East Huntsville Road to the south.
Surrounding Master Street Plan Streets:
South: Huntsville Rd (Principal Arterial), Mally Wagnon (Collector), Country
Ridge and Deerfield Way (Local)
Water: Public water is not adjacent to the site. There is an 8" main along East Huntsville
Road and a 2" main along Mally Wagnon 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. A study of the water system shall
be completed at the cost of the developer to confirm adequate supply and
pressure. There are plans to improve the water system in this area, though the
timing is not known.
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
and at the cost of the developer.
Fire: The subject property is located approximately 4.3 miles from the Fire Station 45.
Response time to the property at maximum build-out is projected at
approximately 8.25 minutes. Response time is projected at 6.25 minutes from the
future Fire Station #3 at the Tyson complex on Huntsville Road.
Police: It is the opinion of the Fayetteville Police Department that this annexation 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.
K.IBeportsQ005NC Reponv107-25-05VZZN 05-1602 (Lane (5A)).doc
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: Future development of the subject property at 4 units per acre would be
compatible with the development within the City and the adjacent property
east and south of the subject property.
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 5.28-acres north and east of the
existing city limits be approved, the property is zoned R-A by default. The
applicant is requesting the consideration of rezoning only a portion of this
property to RSF-4, as the remainder of property has been deemed
undesirable for 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 a minimal 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 1.628 acre tract under an R-A zoning designation
would allow for a maximum 1 single family residential dwelling unit with
variance approvals for minimum area requirements (2 acres). With the
proposed RSF-4 designation for the property, a maximum of 6 single family
K:IRepor[s11005WC ReporuI07-25-05M 05-1602 (Lane(5A)).doc
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.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b ( I ) 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:Vieports0005NC ReporM07-25-051RZN 05-1602 (Lane(5A)).do
161 .03 District R-A, Residential-Agricultural 161.07 District Rsf-4, Residential Single-
Family — Four Units Per Acre
(A) Purposes. The regulations of the agricultural
district are designed to protect agricultural land (A) Purpose. The RS174 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 _ City-wide uses by right
( 1 ) Permitted uses. II Unit 8 Single-family dwelling
Unit 1 City-wide uses by right
Unit 3 Public protection and utility facilities
Unit 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 permt
Unit 3 Public protection and utility facilities
2) Conditional uses. Unit 4 Cultural and recreational facilities
Unit 2 City-wide uses by conditional use ermit Unit 9 Two-family dwellings
Unit 4 Cultural and recreational facilities Unit 24 Home occu abons
Unit 20 Commercial recreation, large sites Unit 36 Wireless communications facilities
Unit 24 Home occu a6ons
Unit 36 Wireless communications facilities (C) Density.
C) Density. Single-family Two-family
Units per acre One-half dwellin s 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.
11 35 ft. 20 ft. if 35 ft.
Front Side Rear
(F) Height requirements. There shall be no 25 ft. it 8 ft. 20 ft.
maximum height limits in the A- 1 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) Buildingarea. None.
K:IReporzs0005PC Reporal07-25-05VtZN 05-1602 (Lane (5A)).doc
FAYIjr EVILLE ' •1
pOLICF
THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT
�9kANs
July 18,2005
Jeremy Pate
Director of Current Planning
City of Fayetteville
125 W. Mountain St.
Fayetteville, AR 72702
Dear Mr Pate:
This document is in response to the request for a determination of whether the proposed
ANX 00-1603 and subsequent RZN 00-1604 (Lane (5A), 571) submitted by Mel
Milholland for property located north of Hunstville Road (HWY 1613) and west of
Deerfield Way would substantially alter the population density and thereby undesirably
increase the load on police services or create an appreciable increase in traffic danger and
traffic congestion.
It is the opinion of the Fayetteville Police Department the proposed rezoning will not
substantially alter the population density and thereby undesirably increase the load on
police services or create an appreciable increase in traffic danger in the area.
Sin ly,
i . A & I
Lieutenant Rob Turberville
Fayetteville Police Department
FAYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701
P.O. BOX 1988 JAIL: 140-A WEST ROCK STREET 72701
FAYETTEVILLE, ARKANSAS 72702-1988 PHONE: 479-587-3555 FAX: 479-587-3522