HomeMy WebLinkAboutOrdinance 4772 EXHIBIT "A"
RZN 05-1688
A PART OF THE N 1 /2 OF THE SW 1 /4 OF SECTION 31 , T- 17-N, R-29-W, MORE
PARTICULARLY DESCRIBED AS COMMENCING AT THE WEST QUARTER
CORNER (W 1/4) OF SAID SECTION, THENCE S87029123 "E 411 .71 FEET TO THE
POINT OF BEGINNING,
SAID POINT BEING THE INTERSECTION OF THE EASTERLY RIGHT OF WAY
OF ARKANSAS HWY 265 AND THE NORTH BOUNDARY OF SAID 80 ACRE
TRACT; THENCE ALONG SAID NORTH BOUNDARY S87029'23 "E 911 .44 FEET
TO THE NORTHEAST CORNER OF THE NW 1 /4 OF THE SW 1 /4; THENCE
S02°21 ' 15"W 62.79 FEET TO THE CHANNEL OF A BRANCH: THENCE ALONG
SAID CHANNEL S30°19'09"E 105.49 FEET AND SO1008'55 "E 149.06 FEET;
THENCE LEAVING SAID CHANNEL N87029'23 "W 915.48 FEET TO THE
EASTERLY RIGHT OF WAY OF ARKANSAS HWY 265; THENCE ALONG SAID
RIGHT OF WAY N09018'44"W 303 .43 FEET TO A RIGHT OF WAY MARKER,
SAID POINT BEING THE P.C. OF A CURVE TO THE RIGHT HAVING A RADIUS
OF 768.93 FEET AND A DELTA ANGLE OF 00014'36"; THENCE ALONG SAID
CURVE AND CONTINUING ALONG SAID RIGHT OF WAY AN ARC DISTANCE
OF 3 .27 FEET HAVING A CHORD BEARING AND DISTANCE OF N09021 '40"W
3 .27 FEET TO THE POINT OF BEGINNING, CONTAINING 6.34 ACRES,
MORE OR LESS. CITY OF FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS .
Washington County, AR
I certify this instrument was filed on
11/15/2005 01 :06:Y7 pM
and recorded in Real Estate
File Number 2\005-00051311
Bette Stam g,,Circuit Clerk
by I�/' '
K-77z
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
4-Oct-05
City Council Meeting Date
Jeremy Pat e Planning Operations
Submitted By Division Department
Action Required:
RZN 05- 1688: (JDM INVESTMENTS, 294): Submitted by Roger Trotter for property located at 2806 Crossover, north of .
Candlewood Subdivision. The property is zoned R-A, Residential-Agricultural, and contains approximately 6.34 acres. The
request is to rezone the subject property to RSF-4, Residential Single Family, 4 units per acre.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project Ca egoryName
n/a n/a F. n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Departmerft Director Date Original Contract Date: n/a
OJ Original Contract Number: n/a
City Attorney
Received in City Clerk's Office
4 /c• es A
5
Finance and Internal Service Director Date
Received in Mayor's Office
i2w
Mayor Date
Comments:
City Council Meeting of October 4, 2005
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: September 14, 2005
Subject: Rezoning for JDM Investments (RZN 05- 1688)
RECOMMENDATION
The Planning Commission voted to recommend approval of the subject rezoning request
rezoning approximately 6.34 acres of property from R-A, Residential-Agricultural to
RSF-4, Residential Single Family Four Units Per Acre.
BACKGROUND
The subject property contains 6.34-acres and is owned by JDM Investments. It is located
at 2806 Crossover Road, just north of the Candlewood Subdivision. The site is
surrounded by single family residences on three sides, with the Lake Hills Baptist Church
adjacent to the north. The site is undeveloped with a dense tree canopy over the majority
of the eastern portion of the site and Flynn Creek flows north-south adjacent to the
eastern border of the site. The applicant intends to develop this property for residential
uses, similar in density and character to the surrounding development. The applicant
requests a rezoning of the subject property from R-A to RSF-4 to allow the development
of a residential subdivision. Staff recommends approval of this rezoning request based
on findings stated herein. The development of this property will be compatible with
those residential developments surrounding the property and in the vicinity.
DISCUSSION
This item was heard at the regular Planning Commission on September 12, 2005 . The
Planning Commission voted 7-0-0 to recommend this rezoning request to the City
Council .
BUDGET IMPACT
None.
ORDINANCE NO,
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1688 FOR APPROXIMATELY
6.34 ACRES LOCATED AT 2806 CROSSOVER, NORTH BOUNDARY
OF CANDLE WOOD SUBDIVISION 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-Agriculturd.RSF 4, Residential Sin Family,
4 units per acre, as shown on Exhibit "A" Attached heretoand made a part hereof.
Section 2 : That the official zon n�g'map of the\60 .of\Fayetteville, Arkansas is
hereby amended to reflect the zoning ctiange.p?ovid�ed in Sectional above.
v
PASSED and APPROVED this\ /day of , 2005.
APPROVED:
`�- Ix
'--dJ
By.
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 05-1688
A PART OF THE N 1 /2 OF THE SW 1 /4 OF SECTION 31 , T- 17-N, R-29-W, MORE
PARTICULARLY DESCRIBED AS COMMENCING AT THE WEST QUARTER
CORNER (W 1 /4) OF SAID SECTION, THENCE S87°29123 "E 411 .71 FEET TO THE
POINT OF BEGINNING,
SAID POINT BEING THE INTERSECTION OF THE EASTERLY RIGHT OF WAY
OF ARKANSAS HWY 265 AND THE NORTH BOUNDARY OF,SAID 80 ACRE
TRACT; THENCE ALONG SAID NORTH BOUNDARY S87P29'23"E911 .44 FEET
TO THE NORTHEAST CORNER OF THE NW 1 /4 OF THE,SW, 1 /4; THENCE
S02021 ' 15 "W 62.79 FEET TO THE CHANNEL OF A BRANCH: THENCE ALONG
SAID CHANNEL S30019'09"E 105 .49 FEET AND S01 08'55 "E 149.06 FEET;
THENCE LEAVING SAID CHANNEL N8729'23 W 91'5-.48 FEET TO THE
EASTERLY RIGHT OF WAY OF ARKANSAS HWY 265; THENCE ALONG. SAID
RIGHT OF WAY N09018'44"W 303 .43 FEET TOA RIGHT OF WAY MARKER,
SAID POINT BEING THE P.C. OF A CURVE"TdTHE RIGHT HAVINCA RADIUS
OF 768.93 FEET AND A DELTA ANGLE OF 00°14'36° THENCE ALONG SAID
CURVE AND CONTINUING ALONG SAID RIGHT•OF\WAY AN ARC DISTANCE
OF 3 .27 FEET HAVING A CHORD BEARING AND DISTANCE OF N09°21 '40"W
3 .27 FEET TO THE POINT OF BEGINNINGG;CONTAINING,6.34 ACRES,
MORE OR LESS. CITY OF FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS. �`\�/
•
aye evl e PC Meeting of September 12, 2005
APKANSAS
125 W. Mountain St.
THE CITY OF FAYETrEVILLE, ARKANSAS Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Planner
THRU : Jeremy Pate, Director of Current Planning
DATE: September 7, 2005
RZN 05-1688: Rezoning (JDM INVESTMENTS, 294): Submitted by ROGER TROTTER for
property located at 2806 CROSSOVER, NORTH BOUNDARY OF CANDLEWOOD S/D. The
property is zoned R-A, .RESIDENTIAL-AGRICULTURAL and contains approximately 6.34 acres.
The request is to rezone the subject property to RSF-4, Residential Single Family, 4 units per acre.
Planner: ANDREW GARNER
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
iPL�� IING C•OO MM'ISSION ACT ON: Required YES
�App�oved 0 Denied
Date: September 12, 2005 Glnrk, Myres d o -O
CITY C•OUNC•lI ACTION: Required S
0 Approved � Denied
Date: October 4, 2005 01St reading if ,ecommendedl
BACKGROUND:
Property Description and Setting: The property is zoned Residential Agriculture (R-A), and
contains approximately 6.34 acres located immediately east of Crossover Road and north of
Candlewood Drive and the Candlewood Subdivision. Access is only currently available from
Crossover Road. There is an existing 50' right-of-way stub out from Candlewood Drive extending
north approximately 180' to the proposed property. The applicant is requesting a vacation of this
right-of-way to avoid connecting the subject property to Candlewood Drive, also to be heard at this
Planning Commission meeting. The site has an existing access driveway directly onto Crossover
Road. The property is undeveloped with a dense tree canopy over the majority of the eastern portion
of the site and Flynn Creek is just east of the site. As depicted in Table 1, this site is surrounded by
K:lReporul2005TC ReportsIO8-22-05UZZN 05-1688 (✓DM Investmeno).doc
single family residential uses to the south, east, and west, with the Lake Hills Baptist Church located
to the north.
Table 1
Surrounding Land Use and Zonin
Direction Land Use Zoning
from Site
North Lake Hills Baptist Church Residential-Agricultural R-A
South Single family residences (Candlewood Residential Single Family Residences
Subdivision) (RSF-4
East Single family residences (Brookbury Woods Residential Single Family Residences
Subdivision) (RSF-4
West Single family residences (Cedarwood Addition) Residential Single Family Residences
RSF-4
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.
Recommendation: Staff recommends approval of the rezoning request. The site is entirely
surrounded by development and the existing R-A zoning is no longer appropriate considering the
surrounding RSF-4 zoning and single-family development.
INFRASTRUCTURE:
Streets : Currently the site has access to State Highway 265 (Crossover Road) on the west, a
Principal Arterial. There is also a 50' right-of-way stub-out on the Candlewood
Subdivision from the south, extending to this property.
Water: Public water is adjacent to the site. There is a 12" main along Crossover and an 8"
main in the Candlewood subdivision. Water service will need to be extended within
the property at the time of development. Additional connections will be required to
complete a looped system.
Sewer: A sanitary sewer main crosses the east end of the site. There is also a large diameter
force main that parallels the gravity main. Sewer service will need to be extended
within the property at the time of development. A study of the downstream sewer
system must be completed by the developer prior to submittal of construction plans.
Fire: The subject property is located approximately 1 .9 miles from the Fire Station #5.
Response time to the property is approximately 3.5 minutes. The Fire Department
has projected a response time of 4 minutes at full build-out, with 6 calls per year. It is
the opinion of the Fayetteville Fire Department that this rezoning will not result in
adverse effects on call volume or response times.
Police: It is the opinion of the Fayetteville Police Department that this rezoning will not
K:IReportsld0051PC Reporu108d1-051 RZN 05-/688 (JDM lnvestmena).doc
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
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 proposed RSF4 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. State
Highway 265 (Crossover Road, a Principal Arterial on the Master Street Plan)
is adjacent to the western property line of the subject property. In addition,
there is a 50' right-of-way stub out from Candlewood Drive (a local street) to
the south connecting to the property. These 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.
Police - 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.
K.- Reports12005WC Reports108-22-051RZN 05-1688 (JDM Imvestmenu).doc
• 1 � '
Finding: The proposed zoning would increase population density. Under an R-A,
Residential Agricultural designation, the 6.34-acre tract would allow for a
maximum of 3 dwelling units (1 unit / 2 acres). With the proposed RSF-4
designation 24 dwelling units would be permitted. Rezoning the property
increases the possible number of residential units and population over that
which is be allowed in the R-A zoning district, but the proposed rezoning 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 summarized
below:
Police — This rezoning will not substantially alter the population
density thereby undesirably increasing the load on police
services.
Fire — This rezoning is in close proximity to Fire Station No. 5
and has an adequate response time of 3.5 minutes.
Engineering - Water: Public water is adjacent to the site. There is a 12"
main along Crossover and an 8" main in the Candlewood
subdivision. Water service will need to be extended
within the property at the time of development.
Additional connections will be required to complete a
looped system.
Sewer: A sanitary sewer main crosses the east end of the
site. There is also a large diameter force main that
parallels the gravity main. Sewer service will need to be
extended within the property at the time of development.
A study of the downstream sewer system must be
completed by the developer prior to submittal of
construction plans.
Streets: The site has access to Crossover Road. There is
also a stub-out on the Candlewood Subdivision plat from
the south, extending to this property.
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:
KAReports12005TC ReporuI08-22-05WZN 05-1688 (MM lnvestments).doc
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:IRepons11005WC ReportsWX 21-OSIRTN 05-1688 (JDM Inves(menu).doc
Fayetteville Unified Development Code
Section 161 .03 District R-A, Residential-Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly
transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas;
obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve
the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space.
(B) Uses.
I Permitted uses.
Unit 1 City-wide uses by right
Unit 3 Public protection and utility facilities
Unit 6 Agriculture
Unit 7 Animal husbandry
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 37 Manufactured homes
2 Conditional uses.
Unit 2 City-wide uses by conditional useermit
Unit 4 Cultural and recreational facilities
Unit 20 Commercial recreation, large sites
Unit 24 Home occu ations
Unit 36 Wireless communications facilities
C
Density.
Units 2er acre One-half
D Bulk and area rejeulations.
Lot width minimum 200 ft.
Lot Area Minimum:
Residential: 2 acres
Nonresidential: 2 acres
Lot area 2er dwelling unit 2 acres
(E) Setback requirements.
Front 1 Side Rear
35 ft. 1 20 ft. ji 35 ft.
(F) Height requirements. There shall be no maximum height limits in the A-1 District, provided, however, that any
building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a
distance of 1 .0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required
setback lines.
(G) Building area. None.
K:IReporaUO05TC ReporaIO8-12-051 RZN 05-1688 (JDM7nvestments).doc