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HomeMy WebLinkAboutOrdinance 4794 EXHIBIT "A" RZN 05-1729 THE SOUTH 1 /2 OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, ALL IN TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, CONSISTING OF APPROXIMATELY 60 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 12/08/2005 02: 10: 18 pM and recorded in Real Estate File Number 2005-00054548 Bette St mps - Circuit Clerk by ' 7 .9 4/ � v os- / 7o;Z? RAYMOND C. SMITH, P.A. � can �� ATTORNEY AT LAW Barristers Place, Suite 11 Telephone (479)521 -7011 70 North College Avenue Fax (479)443-4333 Fayetteville, Arkansas Toll Free 1-800-282-0168 72701 -6101 October 14, 2005 Email rsmith701I@sbcglobal.net Sondra Smith, City Clerk City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Re: RZN 05- 1729 (Zaccanti) Dear Madame Clerk: This letter* is on behalf of my client, Alfred E. Zaccanti, Sr., Trustee, to make a timely appeal to the City Council from the vote of the Planning Commission at the meeting on October 10th to not recommend approval of RZN 05- 1729 (Zaccanti) to the City Council. The Planning Commission at the meeting approved ANX 05- 1728 for this property, but by a 4-4 vote turned down the rezoning application, although Staff recommended approval based upon findings presented. The Zaccanti property is within the Planning Area and is adjacent to the City limits along the southern property lines as well as most of the eastern and western property lines, an ideal situation and would not create an "island." The Planning Commissioners were not consistent in their voting on the rezoning applications before the commission, and failed to use the same criteria in either their approval or denial of rezoning applications. There was no basis whatsoever for the Planning Commission's decision to deny approval of RZN 05- 1729, forming the basis of this appeal. Sincerely, R ymon . Smit RECEIVED OCT 14 2005 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE I- elit on coed r�ad.�y //�i�as cc: Col. Alfred E. Zaccanti, Sr. * - This notice of appeal relates back to my letter of October 12, 2005 , which incorrectly identified the Planning Commission meeting on October 10, 2005, as on October 12, 2005 . • City Council Meetoof November 1 , 2005 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operatiokcj� From: Jeremy C. Pate, Director of Current Planning Date: October 11 , 2005 Subject: Rezoning for Zaccanti (RZN 05- 1729) RECOMMENDATION The Planning staff recommends approval of the subject rezoning request to rezone approximately 60 acres of property from Residential-Agricultural (R-A) to Residential Single-Family Four Units Per Acre (RSF-4). BACKGROUND The subject property contains 60 acres and is owned by Alfred Sr., Al, and Helen Zaccanti. It is located south of Salem Road and east of the Crystal Springs Subdivision. Surrounding properties are zoned RSF-4 on three sides with unincorporated Washington County (Planning Area) to the north. The Crystal Springs Subdivision is adjacent to the western property line and the approved Laureate Fields subdivision is located adjacent to the eastern property line. The request is to rezone the subject property from R-A to RSF-4 should the preceding annexation request, ANX 05- 1728, be approved. The applicant intends to develop the property for single family use in conjunction with property to the west at a maximum density of four units per acre. Development of this property for residential use at four units per acre is consistent with the surrounding development. If the annexation and rezoning are approved, future changes or additional development on this site would be regulated by the city allowing for a uniform and consistent development pattern. 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 motion to recommend approval of this item failed with a 4-4-0 vote, with Commissioners Allen, Clark, Myres, and Oster voting no. BUDGETIMPACT None. 0• 0 ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 05- 1729 FOR APPROXIMATELY 60.00 ACRES LOCATED SOUTH OF SALEM ROAD, EAST OF CRYSTAL SPRINGS 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 d' escribed'property is hereby changed as follows: \ From R-A, Residential-Agricult ual tc'RsF 4; Residential Si)n Family, 4 units per acre, as shown on Exhibit "A" Attached he-\reto�and made a part hereof. Section 2: That the official zon ni g \ -map of the Cify.offayetteville, Arkansas is hereby amended to reflect the zoning ch ge jrbvividdeed in Section 1 above. PASSED and APPROVED th\\, day, of w 12005. v APPROVED: By: DAN COODY, Mayor ATTEST- By: SONDRA SMITH, City Clerk r EXHIBIT "A" RZN 05-1729 THE SOUTH 1 /2 OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, ALL IN TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, CONSISTING OF APPROXIMATELY 60 ACRES, MORE OR LESS. RAYMOND C. SMITH, P.A. gym = ATTORNEY AT LAW a t Telephone (479) 521-7011 Barristers Place, Suite 11 FAX (479) 4434333 70 North College Avenue Toll Free 1-800-282-0168 Fayetteville, Arkansas 72701-6101 Email rsmith70ll@sbEglobal.net October 12, 2005 Sondra Smith, City Clerk City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Re: RZN 05- 1729 (Zaccanti) Dear Madame Clerk: This letter is on behalf of my client, Alfred E. Zaccanti, Sr., Trustee, to make a timely appeal to the City Council from the vote of the Planning Commission at the meeting on October 12`h to not recommend approval of RZN 05- 1729 (Zaccanti) to the City Council. The Planning Commission at the meeting approved ANX 05- 1728 for this property, but by a 4-4 vote turned down the rezoning application, although Staff recommended approval based upon findings presented. The Zaccanti property is within the Planning Area and is adjacent to the City limits along the southern property lines as well as most of the eastern and western property lines, an ideal situation and would . not create an "island." The Planning Commissioners were not consistent in their voting on the rezoning applications before the commission, and failed to use the same criteria in either their approval or denial of rezoning applications. There was no basis whatsoever for the Planning Commission's decision to deny approval of RZN 05- 1729, forming the basis of this appeal. aond RECEIVED C. Smi OCT 12 2095 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE cc: Col. Alfred E. Zaccanti, Sr. • i Taye e Y 1 PC Meeting of October 10, 2005 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. 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: Oeteber 452005 October 11, 2005 RZN 05-1729: Rezoning (ZACCANTI, 207-246): Submitted by RAYMOND SMITH for property located at SOUTH OF SALEM ROAD, EAST OF CRYSTAL SPRINGS SUBDIVISION. The property is ZONED R-A, RESIDENTIAL AGRICULTURAL, and contains approximately 60.00 acres. The request is to rezone the subject property to RSF-4, Residential Single-Family, 4 units per acre. Property Owners: Alfred Sr., Al, and Helen Zaccanti Planner: Andrew Garner RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings herein. P 'ANNINGCOMMISSIONACTION. : Required YES , m�� ,� E � ,y� , ,,,. m� ❑Approved , t: , Demed .�?' ' ' Date October l0 2005 6 �irar�ga._d - O CITY COUNCIL` ACTION Re'qurzed ES n'.;� k �e4 z,"�. : . t f,, ._. i ❑,Appro`ved ❑ Denied Date November 1 . 2005 f1 eadme'if'recomniended) THE PLANNING COMMISSION DISCUSSED THAT THEY WOULD PREFER ANOTHER ZONING OPTION WITH A DENSITY BETWEEN RSF- 1 AND RSF-4 FOR PROPERTY NEAR THE PERIMETER OF THE CITY THAT WILL BE DEVELOPED AT TWO OR THREE UNITS/ACRE. ( 10110105) Property Description and Setting The subject property contains part of two tracts totaling approximately 60 acres owned by the Zaccanti 's. It is located south of Salem Road and east of the Crystal Springs Subdivision. The property contains one single-family residence along with a chicken farming operation and pasture land. It is within the Planning Area and adjacent to the City limits along the southern and a portion of the eastern and western property lines. Surrounding land uses and zoning are depicted on Table 1 . K:IReports12005WC ReporisV0-10-051RZN05-1729 (Zaccanti).doc Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning from Site North Rural residential Planning Area South Vacant/Pasture Residential Single Family Four Units/Acre RSF-4 East Vacant/Pasture Residential Single Family Four Units/Acre RSF4 ; Panning Area West Crystal Springs Subdivision; Rural Residential Single Family Four Units/Acre residential RSF44 ; Planning Area 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. 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 Salem Road to the north. Gypsum Road is planned to extend east-west across the southern portion of the site, and Raven Road is planned to extend north-south just west of the site. Road improvements and dedication per the Master Street Plan would be required at the time of development. The site's relation to existing and planned Master Street Plan Streets is depicted on Table 2. Access to a proposed subdivision would be required from more than one point. Proposed development may require off-site street connections or improvements to provide that access, depending upon the development proposed. Table 2 Existing and Planned Streets Direction from Site Street Name Classification Adjacent to northern border Salem Road Collector Bisects southern portion of site Gypsum Collector (planned) Approximately 20' west of the site Raven Collector lanned Water: Public water is adjacent to the site. There is a 6" waterline to the west along Gypsum Drive and a 2" waterline along Salem Road. There is a residential development on the east that has been approved and is under construction. 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 systems. Sewer: Sanitary sewer is near to the site. There is an 8" sewer main in the development to the west. There is a residential development on the east that has been approved and is under construction. A study of the downstream system shall be conducted by the developer. This development is within the sewer assessment area. The amount of K. Repora12005W Reporall0-10-05WN 05-1729 (Lasanli).doc the assessment will be determined by the development and will be determined at a later date. Fire: The subject property is located approximately 7 miles from the Fire Station No. 7. Response time to the property at maximum build-out is projected at approximately 7.5 minutes. Police: The Fayetteville Police Department estimates that upon build out, the property would result in an increase of 120 calls per year. This estimate is not a considered to be a substantial increase in the load for police services. 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 west 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 80-acres north and cast of the existing city limits be approved, the property is zoned R-A by default. The applicant is requesting the consideration of rezoning only the 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. Salem Road is adjacent to the northern property line of the property being annexed. The annexation and development of this property will also aid in the eventual connection of Gypsum Lane from Crystal Springs Subdivision west-east across the property. The existing and planned streets that surround the property will allow traffic to disperse in an efficient manner under the proposed zoning, with appropriate connections. Police - The Fayetteville Police Department finds that rezoning this K-Vieporu12005WC ReporaI10-10-05WZN 05-1729 (Zasanti).doc 0 0 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 will increase population density from that zoning currently in place. The 60-acre tract under an R-A zoning designation would allow for a maximum 40 single family residential dwelling units. With the proposed RSF-4 designation for the property, a maximum of 240 single family 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 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. 7 and has an adequate response time of 7 minutes. Engineering - Water: Public water is adjacent to the site. There is a 6" waterline to the west along Gypsum Drive and a 2" waterline along Salem Road. There is a residential development on the east that has been approved and is under construction. 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 systems. Sewer: Sanitary sewer is near to the site. There is an 8" sewer main in the development to the west. There is a residential development on the east that has been approved and is under construction. A study of the downstream system shall be conducted by the developer. This development is within the sewer assessment area. The amount of the assessment will be determined by the development and will be determined at a later date. Streets: The site has access to Salem Road, with a stub- out to Gypsum Road to the west. K.IRepora11005NC ReporUU0-10-05WZ%' 05-1719 (Zasani).doc