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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