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HomeMy WebLinkAboutOrdinance 4791 EXHIBIT "A" RZN 05-1724 PART OF THE NE 1 /4 , SE 1 /4 OF SECTION 31 , T17N, R29W OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: COMMENCING AT THE N.E. CORNER OF SAID NE 1/4, SE 1 /4, THENCE S89031102"W 330.80 FEET TO THE P.O.B. THENCE S00042' 32"E 648.88 FEET, THENCE S8903130111W 330.00 FEET, THENCE N0004213215W 686.62 FEET, THENCE S83057545"E 332.00 FEET TO P.O.B. CONTAINING 5.06 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND R/W OF RECORD. Washington County, AR I certify this instrument was filed on 12/08/2005 02:08:58 PM and recorded in Real Estate File Nmber2005-00054545 Bette amps - Circuit Clerk b City of Fayetteville • 1/� ��ds Staff Review Form City Council Agenda Items kZ/V A5 -/ 7,N1 or Contracts Jl�H INv/�r�YF�XS 1 -Nov-05 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required : RZN 05- 1724: (JDM INVESTMENTS, 295): Submitted by Randall Wakefield for property located at Skillem Road, east of Savannah Estates. The property is zoned R-A, Residential-Agricultural, and contains approximately 5 .06 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 Category Name n/a n/a n/a Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a to • l3. 05 Department D ector Date Original Contract Date: n/a Original Contract Number: n/a d � 13 • dt City y Received in City Clerk's OfficeSE finance and Internal Service Director Date Received in Mayor's Office fllTEl U Mayor Date Comments: • City Council Meetly!of November 1 , 2005 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operatiok.(O.� From: Jeremy C. Pate, Director of Current Planning Date: October 11 , 2005 Subject: Rezoning for JDM Investments LLC (RZN 05- 1724) RECOMMENDATION The Planning staff recommends approval of the subject rezoning request to rezone approximately 5 .06 acres of property from Residential-Agricultural (R-A) to Residential Single-Family Four Units Per Acre (RSF-4). BACKGROUND The subject property contains 5.06 acres and is owned by JDM Investments, LLC. It is located at Skillern Road east of the Savannah Estates Subdivision. Surrounding properties are zoned RSF-4 to the west with unincorporated Washington County (Planning Area) on the remaining three sides. The Savannah Estates Subdivision is adjacent to the western property line, and rural residential uses are located to the east, north, and south. The request is to rezone the subject property from R-A to RSF-4 should the preceding annexation request, ANX 05- 1723 , be approved. The applicant intends to develop the property for single family use at a maximum density of four units per acre, consistent with the surrounding development. Staff recommends approval of this rezoning request based on findings stated herein, finding that the uses allowed will be compatible and similar to surrounding uses allowed within existing zoning districts. DISCUSSION This item was heard at the regular Planning Commission on October 11 , 2005. The Planning Commission voted 5-3-0 to recommend approval of this rezoning request to the City Council, with Commissioners Myres, Clark, and Oster voting no. BUDGETIMPACT None. ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 05- 1724 FOR APPROXIMATELY 5 .06 ACRES LOCATED AT SKILLERN ROAD, EAST OF SAVANNAH ESTATES R-A, RESIDENTIAL -AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE. S\ BE IT ORDAINED BY THE CITY COUNCIL OF THE,C-ITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification of the following' described property is hereby changed as follows: Lihg1'e2lFamily, From R-A, Residential-Agricultural/' SF`4 Residenti 4 units per acre, as shown on Exhibit "A" Attached hereto�ade a part hereof. Section 2: That the official zoning map of the itrof Fayetteville, Arkansas is v hereby amended to reflect the zoning c�h�angepr\ovided in Sectio_n .l above. PASSED and APPROVED this i day.of, , 2005. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk EXHIBIT "A" RZN 05-1724 PART OF THE NE 1 /4 , SE 1 /4 OF SECTION 31 , T17N, R29W OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: COMMENCING AT THE N.E. CORNER OF SAID NE 1 /4, SE 1 /4, THENCE S89031 ' 02"W 330. 80 FEET TO THE P.O.B. THENCE S00042 ' 32"E 648. 88 FEET, THENCE S89031�0111W 330.00 FEET, THENCE N00042132"W 686.62 FEET, THENCE S83057145"E 332 .00 FEET TO P.O.B . CONTAINING 5 .06 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND R/W OF RECORD. � L • i ae evle PC Meeting of October 10, 2005 y ARKANSAS 125 W. Mountain St. -t1-IE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM : Andrew Garner, Senior Planner THRU : Jeremy Pate, Director of Current Planning DATE: 9etebe 4-, 20n5 October 11, 2005 RZN 05-1724: Rezoning (JDM INVESTMENTS LLC, 295): Submitted by RANDALL WAKEFIELD for property located at SKILLERN RD., E OF SAVANNAH ESTATES. The property is ZONED R-A, RESIDENTIAL AGRICULTURAL, and contains approximately 5.06 acres. The request is to rezone the subject property to RSF-4, Residential Single-Family, 4 units per acre. Property Owner: JDM Investments, LLC Planner: Andrew Gamer RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings herein. I'LANNINGNA MMISSIOO N Cr T©N Required YiE5 v.• �r 4 A�prove� ®>Demed k to October 102UU5 Lark yes s= 30 f4� � t t pst !r Gli � /1'lyr�s ✓s? p. Y Y COUNCIL ACTION` - .t , ❑ Approved ' O Denied y' a ,r Date: November 1; 2005 (l' rca`dtngtit recommended) „r ' THE PLANNING COMMISSION (PC) FOUND IN FAVOR OF STAFF' S RECOMMENDATION. PC DISCUSSED THAT THEY WOULD PREFER ANOTHER ZONING OPTION WITH A DENSITY BETWEEN RSF- I AND RSF74 FOR PROPERTY NEAR THE PERIMETER OF THE CITY THAT WILL BE DEVELOPED AT TWO OR THREE UNITS/ACRE. ( 10/10/05) BACKGROUND : Property description: The subject property contains approximately 5.06-acres owned by the JDM Investments. The property is undeveloped pasture and wooded land. The tract of property is within the Planning Area and adjacent to the City limits along the western property line. As depicted in Table 1, it is located south of Skillern Road immediately east of the Savannah Estates in east K:l ReporU12005PC RepartslIO-10-051 R%N 05-1724 (J )M lmrstrnenu).do • M Fayetteville with unincorporated land to the north, east, and south. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning from Site North Skillern Road, Residential Single Family; Planning Area Vacant/Pasture South Residential Single Family; Vacant/Pasture Planning Area East Residential Single Family; Vacant/Pasture Planning Area West Residential Single Family (Savannah Estates) RSF-4, Res. Single Family — 4 units/acre 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 to rezone the subject property RSF-4 based on findings herein. INFRASTRUCTURE: Streets: Currently the site has access to Skillern Road, a Minor Arterial. Water: Public water is near to the site. There is a 4" waterline to the east along Skillern Road and 8" waterlines in the development to the west. Improvements to the water system will be required. An evaluation will heed to be made at the time of preliminary plat on how the water system is to be connected with the existing system. Sewer: Sanitary sewer is adjacent to the site. There is an 8" sewer main stubbed out to the property near the southwest comer of the property. A study of the downstream system shall be conducted by the developer. Fire: The subject property is located approximately 3 . 1 miles from the Fire Station #5. Response time to the property is approximately 7 minutes. The Fire Department has projected a response time of 7.5 minutes at full build-out, with 5 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 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:IReports1200511'C Repoi lsVO-10-051RZN 05-1724 (JUM lnvestmens).doc 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, and the property is directly adjacent to similarly zoned and developed property, 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: Should the annexation request for the subject property be approved, the property is zoned R-A by default. The applicant is requesting the consideration of rezoning this property to RSF-4. 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 proposed zoning will provide additional traffic on adjacent streets over the current zoning. Skillern Road is adjacent to the northern property line of the subject property. The annexation and development of this property will also aid in the eventual connection to Kittery Lane and associated single-family development to the south. The existing streets that surround the property will allow traffic to disperse in an efficient manner under the proposed zoning. 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. Finding: The proposed zoning would increase population density. Under an R-A, Residential Agricultural designation, the 5.06-acre tract would allow for a maximum of 2 dwelling units ( 1 unit / 2 acres). With the proposed RSF-4 designation 20 dwelling units would be permitted. Rezoning the property increases the possible number of residential units and population over that K.1Repora11005V'C Relo2010-10-051RLN 05-1724 (JD,LI /nummena).doc 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 included in this report and 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 7 minutes. Engineering - Water: Public water is near to the site. There is a 4" waterline to the east along Skillern Road and 8" waterlines in the development to the west. Improvements to the water system will be required. An evaluation will need to be made at the time of preliminary plat on how the water system is to be connected with the existing system. Sewer: Sanitary sewer is adjacent to the site. There is an 8" sewer main stubbed out to the property near the southwest corner of the property. A study of the downstream system shall be conducted by the developer. Streets: The site has access to Skillern Road. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b ( l ) 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-IReporu11005WC ReporullO-10-051RZN 05-1714 (JIM Imesimenu).Aoc 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. (13) Uses. I Permitted uses. Unit 1 Ci -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 Tm-farmly dwellings Unit 37 Manufactured homes 2 Conditional uses. Unit 2 City-wide uses bV conditional use pennit Unit 4 Cultural and recreational facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 36 Wireless communications facilities C Densis . Units per acre I One-half D Bulk and area regulations. 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 Side Rear 35 ft. ji 20 ft. 35 ft. (F) l/eight requirements. There shall be no maximum height limits in the A- I 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:IReporls120051 PC Relwres110-10-051RZN 05-1774 (✓OM Investmenrs).doc Fayetteville Unified Development Code Section 161 .07 District RSF4, Residential Single-Family — Four Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as weWas to protect existing development of these types. (B) Uses. ( 1 ) Permitted uses. Unit 1 Ci -wide uses by right Unita Sin le famil tlwellin (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two-familydwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family Two-family dwellin s dwellin 5 Units per acre 1 4 or less 7 or less (D) Bulk and area regulations. Single-family Two-family dwellings dwellin s 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 25 ft. 8 ft. 1 20 ft. (F) Height. None. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. KAReporaI20051PC Reports110-10-051RZN 05-1714 003f Inresrmenu/sloe