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
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� 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