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HomeMy WebLinkAboutOrdinance 4794r1 u Doc ID: 009410240002 Tvoe: REL Recorded: 12/06/2005 at 02:10:18 PM Fee Amt; $11.00 Paae I of 2 Bette�StamosoCircuitRClerk F11e2005-00054548 ORDINANCE NO. 4794 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 described property is hereby changed as follows: From R -A, Residential -Agricultural to RSF-4, Residential Single Family, 4 units per acre, as shown on Exhibit "A" attached hereto and made a part hereof. Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this 15th day of November, 2005. Go • FAYETTEVILLE; cam• C:> -ys.9RKANSP. ATTEST: By: SONDRA SMITH, City Clerk 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 0 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: 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:IRepons120051PC Reporal/O-10-05RZN 05-1729 (Zacronti).doc • 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. (1) 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 (21 Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre I One-half Lot width minimum 200 ft. Lot Area Minimum: Residential: Nonresidential: 2 acres 2 acres Lot area per dwelling unit 2 acres (E) Setback requirements. Front Side Rear 35 ft. 20 ft. 35 ft. (F) Height 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 IS feet. Such setbacks shall be measured from the required setback lines. (G) Building area. None. K:WeporIsI20o51PC Reporali0-10-051R2N 05-1729 (Zacrand).doc 161.07 District Rsf-4, 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 well as to protect existing development of these types. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit Single-family dwelling (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-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family dwellings Two-family dwellings Units per acre 4 or less 7 or less (D) Bulk and area regulations. Single-family dwellings Two-family dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 8,000 sq. ft. 12,000 sq. ft. Land area per dwelling unit 8,000 sq. ft. 6,000 sq. ft. (E) Setback requirements. Front Side Rear 25 ft. 8 ft. 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. U Fayetteville Fire Department 303 W. Center St. Fayetteville AR. 72701 Date: September 27, 2005 To: Suzanne Morgan, Jeremy Pate, Andrew Garner, and Jesse Fulcher From: Dale Riggins Subject: Re -zoning review from the Fayetteville Fire Department. ANX05-1723 (JDM Investments LLC, 295) 5.06 acres RZN05-1724 (JDM Investments LLC, 295) 5.06 acres These 5.06 acres are covered by Engine 5 on N. Crossover Road. The property is 3.1 miles from the station with a projected response time of 7 minutes to this development and 7.5 minutes when the maximum build -out is completed. When the new proposed Station 5 is built at Crossover and Old Wire, it will reduce the response time to 3 minutes to the beginning of this development. The Fire Department anticipates 5 calls for service (3 EMS & 2 Fire/Other) once the development is completed and maximum build -out has occurred. There should be no adverse effects on our call volume or response time to this development. ANX08-1728 (Zaccanti, 207-246) 80 acres RZN0S-1729 (Zaccanti, 207-246) 60 acres These 60 acres arc covered by Engine 7 on Rupple Road. The property is 2.7 miles from the station with a projected response time of 7 minutes to this development and 7.5 minutes after maximum build -out is completed. The Fire Department anticipates 54 calls for service (33EMS and 21 Fire/Other) once the development is completed and maximum build -out has occurred. Our major concern is the response time for the first arriving Engine Company and the next arriving unit. The 7 minute response time is above our response time goal of 6 minutes. This is due largely to the crossing of a major highway and the curvy and narrow Rupple road. It will take the next closest station II minutes to arrive on the scene which is beyond our response time goals of having all responding units on the scene within 10 minutes of the call. If you have any other questions or concerns, please feel free to contact me for more information on run times, assignment duties, or anything else that is of a concern. Fayetteville Fire Department 303 W. Center St. Fayetteville AR. 72701 ANX05-1627 (Old Wire Investors, LLC, 217) 29.70 acres RZN05-1627 (Old Wire Investors, LLC, 217) 34.51 acres These 34.51 acres are covered by Engine 5 on N Crossover Road. The property is 2.7 miles from the station with a projected response time of 7 minutes to this development and 7.75 minutes after the maximum build -out. When the new proposed Station 5 is built at Crossover and Old Wire, it will reduce the response time to 3 minutes to the beginning of this development. The Fire Department anticipates 31 calls for service (19EMS and 12 Fire/Other) once the development is completed and maximum build -out has occurred. Once the new proposed Station 5 is built there should be no adverse effects on our call volume or response time to this development. If you have any questions please feel free to call or email me Dale Riggins Fayetteville Fire Department FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS October 3, 2005 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, POLICE DEPARTMENT This document is in response to the request for a determination of whether the proposed Annexation ANX 05-1728 (Zaccanti, 207-246) and Rezoning RZN 05-1728 (Zaccanti, 207-246) submitted Raymond Smith for property located S of Salem Road, E of Crystal Springs S/D would substantially alter the population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic danger and traffic congestion. Based on historical data of the Crystal Springs Subdivision immediately west of this proposal, estimations can be made regarding an increase in police calls for service. Upon build out of the submitted RZN, the Fayetteville Police Department can realize an estimated increase in 120 calls for service per year. The Engineering Department may provide more specific information about any potential traffic increase for this RZN. Sincere] G✓ ra�— Captain Wil tam Brown Fayetteville Police Department FAYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701 P.O. Box 1988 JAIL: 140-A WEST ROCK STREET 72701 FAYETTEVILLE, ARKANSAS 727024988 PHONE: 479-587-3555 FAIL: 419-587-3522. CURRENT OWNERSHIP INFORMATION AND ANY PROPOSED OR PENDING PROPERTY SALES Assessor's Parcel Number 001-16748-000, SW%4 of SE'4 Section 29, Assessor's Parcel Number 001-16813-000, NW'/4 of NE'/4 Section 32, T17N, R30W, 80.30 acres, more or less. There are proposed or pending property sales for this property. REASON FOR.REQUESTED ZONING CHANGE Parcel Number 001-16748-000 is currently zoned A -I and will be annexed into the City of Fayetteville and the S% (20 acres) zoned as R -A Parcel Number 001-16813-000 is currently zoned A -I and will be annexed into the City of Fayetteville and zoned as R -A. It is proposed to re -zone 60 acres of the parcels to RSF-4 for development into a single family residential subdivision. LAND DEVELOPMENT The development of this property is consistent with the land use of the residential areas surrounding the proposed development with slight increase in vehicle traffic. WATER/SEWER ACCESS .An 8" existing water line and 8" sewer line are available at the Crystal Springs Subdivision to the West and also available to the South. DEGREE TO WHICH THE PROPOSED ZONING IS CONSISTENT WITH LAND USE PLANNING OBJECTIVES, PRINCIPLES AND LAND USE AND ZONING PLANS The proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. WHETHER THE PROPOSED ZONING IS JUSTIFIED AND/OR NEEDED AT THE TIME THE REZONING IS PROPOSED The proposed rezoning is justified at this time in that it is in keeping with the policies and adopted plans of the City of Fayetteville. Zoning this property as RSF-4 is consistent with surrounding subdivision. 0 WHETHER THE PROPOSED ZONING WOULD CREATE OR APPRECIABLY INCREASE TRAFFIC DANGER AND CONGESTION The proposed zoning will not create or appreciably increase traffic danger and congestion. WHETHER THE PROPOSED ZONING WOULD ALTER THE POPULATION DENSITY AND THEREBY UNDESIRABLY INCREASE THE LOAD ON PUBLIC SERVICES INCLUDING SCHOOLS, WATER, AND SEWER FACILITIES This increase is not expected to undesirably increase the load on public services including schools, water and sewer facilities. Improvements planned to the Fayetteville overall. wastewater treatment system and the coming on line of the new wastewater treatment facility on the western side of Fayetteville should adequately provide services to the sub- division. WOULD IT BE IMPRACTICAL TO USE THE LAND FOR ANY OF THE USES PERMITTED UNDER ITS EXISTING ZONING CLASSIFICATION This property is presently in the county but within the Fayetteville Growth Area. It would be impractical to maintain the A -I or R -A zoning since it would be inconsistent with the surrounding areas already zoned as residential subdivisions, SIDNEY P. DAVIS. JR. TILDEN P. WRIGHT III CONSTANCE G. CLARK WM. JACKSON BUTT II KELLY CARJTHERS DON A. TAYLOR JOHN G. TRICE MARK W. DOSSETT October 31, 2005 DAVIS, WRIGHT, CLARK, BUTT & CARITHERS, PLC ATTORNEYS AT LAW 19 EAST MOUNTAIN ST. P.O. BOX 1688 FAYETTEVILLE, ARKANSAS 72702-1688 PHONE (479)521-7600 FAX (479)521-7661 htip://www.daviswrightlaw.com WRITER'S DIRECT E-MAIL jtricc@daviswrightlaw.com HAND DELIVERY TAMERON C. BISHOP ERIC R. DRIBBLE CASEY D. LAWSON J. R. CARROLL TISIIA M. HARRISON MISSY LEFLAR CHAD GOWENS Mayor Dan Coody Mr. Robert Reynolds Ms. Brenda Thiel Mr. Kyle Cook Mr. Don Marr Mr. Robert Rhoads RECEIVED Mr. Robert Ferrell Ms. Shirley Lucas NOV 012005 Mr. Lioneld Jordan CITY OFFAYETTEVILLE CITY CLERK'S OFFICE City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 Re: New Business: ANX 05-1728 Zaccanti (80.30 acres) and Planning Commission Appeal RZN 05-1729 Zaccanti (60 acres) Dear Mayor Coody and Members of the City Council: I have been retained by Alfred E. Zaccanti, Sr., Trustee, to assist him with the annexation and rezoning of 80.30 acres located south of Salem Road and east of the Crystal Springs Subdivision. As you know, Mr. Zaccanti submitted a request for annexation (ANX 05-1728) and a request for rezoning to RSF-4, Residential Single -Family, 4 units per acre (RZN 05-1729). The requests were recommended for approval by the Planning Division staff. On October 10, 2005, the Planning Commission voted unanimously to approve Mr. Zaccanti's request for annexation. However, the Planning Commission voted 4-4 on his request for rezoning. This split vote effectively denied approval of Mr. Zaccanti's request for rezoning. The decision has been appealed and placed on the agenda for a meeting of the City Council on Tuesday, November 1, 2005. It is important to note that the Planning Division staff recommended approval of the annexation and rezoning based on the findings set forth in their report to the Planning Commission dated September C/ on r'i4/ Stt o40' 1t 49 //// /0 5 Mayor Dan Coody and Fayetteville City Council October 31, 2005 Page 2 20, 2005. I encourage you to review the Planning Commission Correspondence which I have enclosed for your convenience. The property is an ideal situation for annexation - it is located within the Planning Area and between properties within the City limits. It is also ideal for residential development. The properties along the southern and a portion of the eastern and western property lines are already zoned RSF-4 and the surrounding land use is consistent with Mr. Zaccanti's proposed use. It is my understanding that there was no real opposition by the public at the Planning Commission meeting. A few neighboring landowners expressed concerns regarding the effect on traffic but their questions were answered by Mr. Zaccanti's representatives and the Planning Division staff. As I understand it, there was some concern expressed by members of the Planning Commission regarding the fire response time. I respectfully submit that the Planning Commission's decision has no rationale basis and is inconsistent with other recently approved applications for rezoning. According to Dale Riggins of the Fayetteville Fire Department, Mr. Zaccanti's property is served by Fire Station No. 7 on Rupple Road. The property is 2.7 miles from the station with a projected response time of seven minutes. Although the response time exceeds the Fire Department's goal of six minutes, the Planning Division staff notes in its correspondence to the Planning Commission that the City's Fire Department currently responds to calls further west of this property with longer response times. In addition, I understand there have been some recent developments regarding Rupple Road which may increase the Fire Department's response time and alleviate the concerns of the Planning Commission. Please note that Mr. Zaccanti's separate requests for annexation and rezoning need to be considered together. The property contains a single-family residence along with a chicken farming operation and pasture land. Mr. Zaccanti intends to develop 60 acres of the property for single family use at a maximum density of 4 units per acre - similar to the property to the west. If the City does not intend to rezone the property to RSF-4, then Mr. Zaccanti intends to withdraw his request for annexation and to continue fanning his land. I encourage you to approve Mr. Zaccanti's request for annexation and re -zoning. Sincerely, DAVIS, WRIGHT, CLARK, BUTT & CARITHERS, PLC n G. Trio JGT/Ik cc: Mr. Kit Williams, City Attorney Ms. Sondra Smith, City Clerk FAYETTEVILLE THE CITY OF FAYFREWIlE, ARKANSAS October 3, 2005 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, C.4 Planning Commission Appeal RZN 05-1729 Zaccanti Page 15 of 20 POLICE DEPARTMENT This document is in response to the request for a determination of whether the proposed Annexation ANX 05-1728 (Zaccanti, 207-246) and Rezoning RZN 05-1728 (Zaccanti, 207-246) submitted Raymond Smith for property located S of Salem Road, E of Crystal Springs S/D would substantially alter the population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic danger and traffic congestion. Based on historical data of the Crystal Springs Subdivision immediately_west of this proposal, estimations can be made regarding an increase in police calls for service. Upon build out of the submitted RZN, the Fayetteville Police Department can realize an estimated increase in 120 calls for service per year_ The Engineering Department may provide more specific information about any potential traffic increase for this RZN. Sincerely, e/tn/W4iii�- Brown Fayetteville Police Department FAYETIEVILLE POLICE DEPARTMENT (OEIIVEaIE.5) POUCE; ICo-A WEST ROCK STREET 72701 P.O. COX 1888 JAM " 14PA WEST ROCK STREET rent FAYETTEVILLE ARKANSAS 72r@-1888 PRONE 478.687-3555 FALL 4783873521. C. 4 � Planning Commission Appeal RZN 05-1729 Zaccanli Page 16 of 20 CURRENT OWNERSHIP INFORMATION AND ANY PROPOSED OR PENDING PROPERTY SALES Assessor's Parcel Number 002-16748-004), SW%. of SE'A Section 29, Assessor's Parcel Number 001-16813-000, NW'/. of NE'/. Section 32, TI7N, R30W, 80.30 acres, more or less. There are proposed or pending property sales for this property. REASON FOR REQUESTED ZONING CHANGE Parcel Number 001-16748-000 is currently zoned A -I and will be annexed into the City of Fayetteville and the S''/2 (20 acres) zoned as R -A Parcel Number 001-16813-000 is currently zoned A -I and will be annexed into the City of Fayetteville and zoned as R-AIt is proposed to re -zone 60 acres of the parcels to RSF-4 for development into a single family residential subdivision. LAND DEVELOPMENT The development of this property is consistent with the land use of the residential areas surrounding the proposed development with slight increase in vehicle traffic. WATER/SEWER ACCESS .An 8" existing water line and 8" sewer line are available at the Crystal Springs Subdivision to the West and also available to the South. DEGREE TO WHICH THE PROPOSED ZONING IS CONSISTENT WITH LAND USE PLANNING OBJECTIVES, PRINCIPLES AND LAND USE AND ZONING PLANS The proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. WHETHER THE PROPOSED ZONING IS JUSTIFIED AND/OR NEEDED AT THE TIME THE REZONING IS PROPOSED The proposed rezoning is justified at this time in that it is in keeping with the policies and adopted plans of the City of Fayetteville. Zoning this property as RSF- is consistent with surrounding subdivision. ArcIMS Viewer Page 1 of I a a Q V C/ F5 a DC p c a ES i1 O o SALEM RD P o O 1 ' v 0 1 aQ 0 O Z s r• x a f m o o I m a Ir 9 I o _ I ' l Ir 1 flRHD'�ICRYSTAL7DR PPaljvju,GQ 9 pl� OOQb4 O 6rUL7R�O qIr0 pa0 qlf�- GRDUSEIRD DR• 4 f m I SALEM MEAL Ljty of Fayetteville. • C ac] JI Q7 1 G J 7Ia 000.1aml http://www.faygis.org/website/Msp_FAY/MapFrame.htm 11/1/2005 L p� on �i.e �ato'Jd r¢aaiigJc /1/i/OS S a i) N .a W E ,li 1 • i a1 ii' I I EIIIiiiiiiii T n. T_ 1 __ fi a �I I In\ I»I.a MW I I I » .. ,. I. a Ip I I a , ! r4? I _�`\,» I J I I ,. • IA � H I� I'! t��V`� I I a I I 1 Ij = 1 —_` ijL I A I� .. � :Ii II 1 —I: II 1 _ A 111" n ,I II i Im .-•:: .a 11 .0 :: m.: ,a 1'n'1 n::m .0 — �� _ LuJORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRIIX3E, SUITE 5 • FAYECCEVILLE, ARKANSAS 72703 • (479)442-9127 • FAX(479) 582-4807 SCALE: NTS DATE REVISED CHECKED BY: DRAWN BY: BEJ DATE: 11/01/05 CBB J:ISUBD1200503 CONCEPT PLAT FOR: CHARLIE SL OAN _/ Y• a' • Banisters Place, Suite 11 70 North College Avenue Farcttcville, Arkansas 72701-6101 RAYMOND C. SMITH, P.A. ATTORNEY AT LAW 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: C. 4 Planning Commission Appeal RZN 05-1729 Zaccanli Page 6 of 20 Telephone (479) 521-7011 FAX (479) 443-4333 Toll Free 1-800-282-0168 Email rsmith7011@sbcglobatnct 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`s 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. ZondC.Smi RECEIVED 0CT 12 2005 CITY OF FAYETTEVILLE CITY CLEWS OFFICE cc: Col. Alfred E. Zaccanti, Sr. C.4 Planning Commission Appeal RZN 05-1729 Zaccanti Page 5 of 20 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. C. 4 Planning Commission Appeal RZN 05-1729 Zaccanti Page 4 of 20 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 It -A, RESIDENTIAL - AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE. BE IT ORDAINED BY THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS: Section 1: That the zone classification of hereby changed as follows: From R -A, Residential-Agricul ra sit' S 4 units per acre, as shown on Exhibit "A" Attached1t Section 2: That the official zdnp of the Cl hereby amended to reflect the zoning c, 'ded in PASSED and '--7. l( /1. ♦ /, SF SONDRA SMITH, City Clerk CITY OF is ntial Single Family, a part hereof. teville, Arkansas is above. By: DAN COODY, Mayor C. a Planning Commission Appeal City Council Meeting of November 1 n2'0-n2s zaccanli Page 3 of 20 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of OperatioiGI From: Jeremy C. Pate, Director of Current Planning Date: October ] ], 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 I1, 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. BUDGET IMPACT None. jjp fl Banisters Place, Suite 11 70 North College Avenue Fayetteville, Arkansas 72701-6101 RAYMOND C. SMITH, P.A. ATTORNEY AT LAW Sondra Smith, City Clerk City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 October 14, 2005 Re: RZN 05-1729 (Zaccanti) Dear Madame Clerk: C. 4 Planning Commission Appeal RZN 05-1729 Zaccanti Page 1 of 20 Telephone (479)521-7011 Fax (479)443-4333 Toll Free 1-800-282-0168 Email rsmith701 I@sbcglobal.net 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 . Smi RECEIVED 0CT 142005 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE 0. • C.4 Planning Commission Appeal RZN 05-1729 Zaccanli Page 2 of 20 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. • FAYETTEVILLE THE CITY OF FAYErLEVIIlE, ARKANSAS October 3, 2005 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, C. 4 Planning Commission Appeal . RZN 05-1729 Zaccanti Page 15 of 20 POLICE DEPARTMENT This document is in response to the request fora determination of whether the proposed Annexation ANX 05-1728 (Zaccanti, 207-246) and Rezoning RZN 05-1728 (Zaccanti, 207-246) submitted Raymond Smith for property located S of Salem Road, E of Crystal Springs SID would substantially alter the population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic danger and traffic congestion. Based on historical data of the Crystal Springs Subdivision immediately west of this... proposal, estimations can be made regarding an increase in police calls for service. Upon build out of the submitted RZN, the Fayetteville Police Department can realize an estimated increase in 120 calls for service per year. The Engineering Department may provide more specific information about any potential traffic increase for this RZN. Sincerely, Captain Wiliam Brown Fayetteville Police Department FAYETI19se POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701 P.Q. OCX 1988 FAYE7lEVRl.c, ARKANSAS 72712.1988 JAL- 149-5 WEST ROCK STREET 7310/ PRONE 479487355; FAX: 4793873522 C. 4 Planning Commission Appeal 1 RZN 05-1729 Zaccanli Page 16 of 20 CURRENT OWNERSHIP INFORMATION AND ANY PROPOSED OR PENDING PROPERTY SALES Assessor's Parcel Number 001-16748-000, SW'/. of SE'/. Section 29, Assessor's Parcel Number 001-16813-000, NW% of NE'/. Section 32, T17N, R30W, 80.30 acres, more or less. There are proposed or pending property sales foi this property. REASON FOR REQUESTED ZONING CHANGE Parcel Number 001.-16748-000 is currently zoned A-1 and will be annexed into the City of Fayetteville and the S''/2 (20 acres) zoned as R -A Parcel Number 001-16813-000 is currently zoned A -I and will be annexed into the City of Fayetteville and zoned as R -A. It is proposed to re -zone 60 acres of the parcels to RSF-4 for development into a single family residential subdivision. LAND DEVELOPMENT The development of this property is consistent with the land use of the residential areas surrounding the proposed development with slight increase in vehicle traffic. WATER/SEWERACCESS .An 8" existing water line and 8" sewer line are available at the Crystal Springs Subdivision to' thi West and also available to the Soutli- DEGREE TO WHICH THE PROPOSED ZONING. IS CONSISTENT WITH LAND USE PLANNING OBJECTIVES, PRINCIPLES AND LAND USE AND ZONING PLANS The proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. WHETHER THE PROPOSED ZONING IS JUSTIF[ED AND/OR NEEDED AT THE. TIME THE REZONING IS PROPOSED The proposed rezoning is justified at this time in that it is in keeping with the policies and adopted plans of the City of Fayetteville. Zoning this property as RSF- is consistent with surrounding subdivision C. 4 � Planning Commission Appeal RZN 05-1729 Zaccanli Page 17 of 20 WHETHER THE PROPOSED ZONING WOULD CREATE OR APPRECIABLY INCREASE TRAFFIC DANGER AND CONGESTION The proposed zoning will not create or appreciably increase traffic danger and congestion. WHETHER THE PROPOSED ZONING WOULD ALTER THE POPULATION DENSITY AND THEREBY UNDESIRABLY INCREASE THE LOAD ON PUBLIC SERVICES INCLUDING SCHOOLS, WATER, AND SEWER FACILITIES This increase is not expected to undesirably increase the load on public services including schools, water and sewer facilities. Improvements planned to the Fayetteville overall: wastewater treatment system and the coining on line of the new wastewater treatment facility on the western side of Fayetteville should adequately provide services to the sub- division. WOULD IT BE IMPRACTICAL TO USE THE LAND FOR ANY OF THE USES PERMITTED UNDER ITS EXISTING ZONING CLASSIFICATION This property is presently in the county but within the Fayetteville Growth Area. It would be impractical to maintain the A-1 or K A zoningsince. it, would be inconsistent with the. surrounding areas already zoned as residential subdivisions RZN05-1729 One Mile View x :^ 1 Oa -_ L • 11fSf7 II • y.' .I ih'� • .Ltiv_v�f ZACCANTI Nb J L _ xw SUBJECT PROPERTY •p I "_> '' yam. " "';•.;• Rw of Ad I j Pi q J • ew i Ya..sv ` ..•-` 9 �" .Cf i s f 't .: ' F'_ _ , _t -'i' t :t •..r 10.41 IL ------------ I 3t I i 1�-: IL4� / I �'� IM ry 7 1 1 I l r J / RA N C3 ni, iio j R�1 i� r l L r R i o > A+V II �--jl :i 4Ir�.. f.L_ r Vi -t � I ; RIF-'N C3 ,//f C. 4 Commission Appeal RA ii 4 1 RSF-1 .ASS �t.(— - --: r I q I i. 1 I Overview Legend Boundary ----- Subject Property- Planning Area © R7N0S 1129 00009 0 oOverlay Dislhcl UAside City --- Legend 0 0.120.25 0.5 0.75 1 Miles Planning Commission Appeal RZN 05-1729 Zaccanli Page 190120 RZN05 172e ZACCANTI CA N T Future Land Use ........................................................:.............. ..................... ...-........�......1... .......... ..... ::: cct �: isc :;:: ' ::::ii-iti:attc:ii: rr:iic:: c':: ic:rii::c i::: i':':ism::::::::::i:::::::::::::......::::::::::::::::i "::::::S •-° ..... _...... D aurH !3..:... _.... ................................ ................................ SUBJECT PROPERTY :: Ei iic:iii :.................... ... :.,,.. _._...f .........;�...... .................. .......................... .. .... :.. ... ...:;. _ Page Fayetteville Fire Department 303 W. Center St. Fayetteville AR. 72701 Date: September 27, 2005 To: Suzanne Morgan, Jeremy Pate, Andrew Gamer, and Jesse Fulcher From: Dale Riggins Subject: Re -zoning review from the Fayetteville Fire Department. ANX05-1723 (JDM RZN05-1724 (JDM Z95) 5.06 acres 295) 5.06 acres These 5.06 acres are cover gine 5 on N. Crossover Road. The property is 3.1 miles from station with a projected response time of 7 minutes to this development and 7.5 min hen the maximum build -out is completed. When the new proposed Station 5 is b t at C cover and Old Wire, it will reduce the response time to 3 minutes to the b nning of development The Fire Department an - pates 5 calls fo ice (3 EMS & 2 Fire/Other) once the development is completed and maximum build -out has occurred. There should be no adverse effects on our call volume or response time to this development. ANX08-1728 (Zaccanti, 207-246) 80 acres RZN0S-1729 (Zaccanti, 207-246) 60 acres These 60 acres are covered by Engine 7 on Rupple Road. The property is 2.7 miles from the station with a projected response time of 7 minutes to this development and 7.5 minutes after maximum build -out is completed. The Fire Department anticipates 54 calls for service development is completed and maximum build -out has occurred. Our major concern is the response time for the first arriving Engine Company and the next arriving unit. The 7 minute response time is above our response time goal of 6 minutes. This is due largely to the crossing of a major highway and the curvy and narrow Rupple road. It will take the next closest station II minutes to arrive on the scene which is beyond our response time goals of having all responding units on the scene within 10 minutes of the call. If you have any other questions or concerns, please feel free to contact me for more information on run times, assignment duties, or anything else that is of a concern. once the r M C. 4 Planning Commission Appeal RZN 05-1729 Zaccanti 13 of 20 C. 4 Planning Commission Appeal `) 1 RZN 05-1729 Zaccanli Page 140120 Fayetteville Fire Department 303 W. Center St. Fayetteville AR. 72701 ANX05-162 OId Wire Investors, LLC, 7) 29.70 acres RZN05-1627 (O4d Wire Investors, LLC 17) 34.51 acres These 34.51 acres ar overed by Engi 5 on N Crossover Road. The property is 2.7 mil from the st on with a projected response time of 7 minutes to this development and 7.7 mutes er the maximum build -out. When the new proposed Stat n 5 - built at Crossover and Old Wire, it will reduce the response time to 3 minutesNmaxi of this development. The Fire Department anticservice (19EMS-and 12 Fire/Other) once the development is completedild-out has occurred. Once the new proposed Station 5 is built there shoeffects on our call volume or response time to this development. .if you have any questions please feet free to call or email me Dale Riggins Fayetteville, Fire Department El 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. (1) Permitted ii car Unit I 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) Cnnditinnnl neon Unit 2 City-wide uses by conditional use pennit Un84 Cultural and recreational facilities Unit 20 Convnerdal recreation, large sites Unit 24 Home occupalions Unit 36 Wireless canmunications facilities C Dertsi . Units acre I One-half (D) Bulk and arm n rom.lntinne Lot widthmtnlmum 200f. Lot Area Minimum: Residential: 2 ages Nonresidential: 2 acres Lot area perdwellin unit 2 aces It) Setback ronuiramontt Front I Side I Rear 3511. 20 ft I35ft (F) Height 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:IReporeL20051PC Reponrtl0-M051RZN 05-1729 (Zam nn).doe C. 4 Planning Commission Appeal RZN 05-1729 Zaccanli Page 120120 161.07 District Rsf-4, 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 well as to protect existing development of these types. (B) Uses. (I) Permitted uses. Unit I I City-wide uses by ri hl Unit 8 Single-family dwelling (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-family dwellings Unit 24 Home occupations Unit 36 Wireless convnunI lions facilities (C) Density. Single-fam1y - Two-family dwellings dwellings Units acre 4 or less 7 or less (D) Bulk and area regulations. Single-family dwellings Two-family dwellings Lot minimum width loft. 80f1 Lot area minimum 8 000 sq. Ii. 12,000 sq. R Land area per Edwellin unit 8,000 sq. ft. 6,000 sq. R (E) Setback requirements. Front Side I Rear 25ft 181t l20ft (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. • C. 4 Planning Commission Appeal RZN 05-1729 Zaccanti Page 11 of 20 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: 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:IRepansl20051PC Repor¢110-10-0NtZN 05-1729 (Za¢anti).doc S • C.4 Planning Commission Appeal RZN 05-1729 Zaccanti Page 8 of 20 Table 1 S,.rrn,ind;nn 1 ...a 11. Direction ---- ouy vov Land Use a11U LVIIIII from Site Zoning North Rural residential Planning Area South Vacant/Pasture Residential Single Family Four Units/Acre East Vacant/Pasture (RSF-4) Residential Single Family Four Units/Acre West Crystal Springs Subdivision; Rural (RSF-4); Planning Area Residential Single Family Four Units/Acre residential RSF-4 ; 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 ofthe 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. :..NL. .:A-:::Mtom..... Yy ! . �. Y...V .:.. Proposed development may require off -site street connections or improvements to provide that access, depending upon the development proposed. Table 2 Existing and Planned Cfrmf Direction from Site Street Name Classification Adjacent to northern border Salem Road Collector Bisects southern portion of site Gypsum Collector (planned) Approximately 20west of the site Raven Collector (planned) 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 KVteporM 20051PC Reporvll0-10-051RZN 05.1729 (Zatranrijdoe C.4 Planning Commission Appeal RZN 05-1729 Zaccanti Page 9 of 20 the assessment will be determined by the development and will be determined at a later date. Fire: The subject property is located approxim ely 7 miles ft m the Fire Station No: 7. e to the property at maxim uil is projected at approximately 7.5 minute 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 east 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:IReporLti20051PC ReportsliO-10-05IRZN 05-!729 (Za¢antj.dac S C. 4 Planning Commission Appeal RZN 05-1729 Zaccanti Page 100120 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 — Fire — This rezoning is in close proximity to Fire Station No. 7 and has an adequate response time of 7 minutes. fl Engineering - This rezoning will not substantially alter the population density thereby undesirably increasing the load on police services. 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:IReporat20051pC Reporal/0-10-05Vt7.N 05-1729 (Zaman11) doe City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 1 -Nov -05 City Council Meeting Date C. 3 ANX 05-1728 Zaccanti Page 1 of 18 `s Jeremy PatePlanning Operations Submitted By Division Department Action Required: ANX 0$-1728: (Zaccanti, 207/246): Submitted by Raymond Smith for property located at south of Salem road, east of Crystal Springs Subdivision. The property is in the Planning Area and contains approximately 80.30 acres. The request is to annex the subject property into the City of Fayetteville. Cost of this request n/a Account Number n/a Project Number Budgeted Item Category/Project Budget n/a Funds Used to Date n/a $ - Remaining Balance Budget Adjustment Attached e rtment irector Date 1b�r3-ys CftyAftonley Program Category / Project Name n/a Program / Project Category Name n/a Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number Received in City Clerk's Office Finance and Internal Service Director Date n/a n/a n/a Mayor 0 • C. 3 ANX 05-1728 Zaccanti Page 2 o1 18 City Council Meeting of November 1, 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: October 11, 2005 Subject: Annexation for Zaccanti (ANX 05-1728) RECOMMENDATION The Planning staff recommends approval of the subject annexation request submitted by Raymond Smith for approximately 80 acres of property located south of Salem Road, east of Crystal Springs Subdivision. This action will incorporate the 80 -acre tract of land contiguous with the city limits into the City of Fayetteville. BACKGROUND The subject property consists of 80 -acres owned by Alfred Sr., Al, and Helen Zaccanti. _• - The property is. located south of Salem Road- immediately east of the C al springs,. J Subdivision. Annexation of the property will not create an island of unincorporated property or create a peninsula of City property. Improvements to the existing infrastructure adjacent to this site, a study of water capacity, and an assessment for sewer service will be required at the time of development: The applicant requests annexation of the property into the City of Fayetteville. The applicant intends to develop the property for residential use and has requested a rezoning to Residential Single -Family Four Units Per Acre (RSF-4) for 60 acres of the total 80 acres proposed to be annexed. Staff recommends incorporation of this property into the City of Fayetteville. Incorporation of this property will fill in land encompassed on all sides but the north by existing city limits, creating a more desirable city boundary, and ensuring that development of the property is compliant with City regulations within an appropriate zoning district. DISCUSSION This item was heard at the regular Planning Commission on October 11, 2005. The Planning Commission voted 8-0-0 to recommend approval of this annexation request to the City Council. BUDGET IMPACT None. C. 3 ANX 05-1728 Zaccanti Page 4 of 18 EXHIBIT "A" ANX 05-1728 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, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 29 AND RUNNING THENCE S89°57'59"E 1318.90' TO A FOUND IRON PIN LOCATED AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 29, THENCE S00°15'0S"W 1316.04•'TO' A.. FOUND IRON PIN LOCATED AT THE NORTHEAST CORNER OF THE'NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTIOI>T*32 -;THENCE€5,1321.97' TO A FOUND PIN LOCATED AT THE SOUTHEAST`'CORNER OF THE• NORTHWEST QUARTER OF THE NORTHEAST QUARTER: OF SAID SECTION i -2, THENCE 5-89 59 50 W 1336.15 TO A SET IRON PINLQCAD AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF'= E"NORTHEAST QUARTER OF SAID SECTION 32, THENCE N00°31'28"E 1324.80' _ SA FOUND STONE LOCATED AT THE NORTHWEST CORNERO ,THE NORTI4s QUARTER OF THE NORTHEAST QUARTER OF SAID SkcTI �$4, THEN 00°2832"E 1314.13' TO PONT. O. BEGINNING... CO p 3 _. CRES, MORE OR LESS. 7. SUBJECT TO EASEMENTSJMUI RIG -WA CORD, IF ANY. C. 3 ANX 05-1728 Zaccanfi Page 3 of 18 ORDINANCE NO. AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 05-1728 FOR PROPERTY LOCATED SOUTH OF SALEM ROAD, EAST OF CRYSTAL SPRINGS SUBDIVISION, CONTAINING 80.30 ACRES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: Thai the City Council hereby confirms the annexation to the City of Fayetteville, Arkansas, of that property described in Exhibit "A" attached hereto and made a part hereof. . V' Section 2: That the official map of the CitzafkFayetteville, Arkansas, is hereby amended to reflect the change provided in Section 1 above. J. Section 3: That the official zoning map df the City pf Fayetteville, Arkansas is hereby amended to assign the zoning designation of , Residential Agricultural to the subject property. c a..--..70 Section 4: That the above-descnbY. iii %p.is herebypassigned to Ward No. Four. t .y. , JfanAn m.PRi y I'.• EI - .l .. PASSED and AP„,,R [his _ .day of , 20()5, APPROVED: ATT By: SONDRA SMITH, City Clerk By: DAN COODY, Mayor C. 3 ANX 05-1728 Zaccanti Page 7 of t8 Fire: The subject property is located approximately 2.7 miles from the Fire Station No. 7. Response time to the properly is 7 minutes with a projected response time at full build -out to be approximately 7.5 minutes with 54 annual calls for service - 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: General Plan 2020 identifies the portion of this property within the Planning Area as Residential. FINDINGS: 11.6 ANNEXATION GUIDING POLICIES BOUNDARIES 11.6.a Annex existing islands and peninsulas and do not annex areas that would create an island or peninsula. Finding: Annexation of the property will not create an island of unincorporated property and does not exacerbate problems created by the extension of peninsulas. The proposed annexation, begins fills in land that is encompassed on all sides but the north by existing city limits. Therefore, staff finds that the proposed annexation will not further exacerbate any problems associated with the current situation. I 1.6.b Proposed annexation area must be adjacent, or contiguous, to city limits. sr (JwN,1.Sti�yaai�i h! �.+w wtr } Y^' %P� '�Y•Y': i 7 _ n .. • -i ::... ,-a ' (n: Finding: The proposed annexation area is adjacent to the City Limits to the south, east, and west. 11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding:. This area is currently vacant at this time and located between developed or developing properties within the city. There is an existing subdivision adjacent to the western property line, and an approved subdivision is adjacent to the east. Structures on the subject property consist of several chicken houses and a single family dwelling. The property does not consist of defined subdivisions or neighborhoods. Annexation of the property would allow for Planning Commission review of development in accordance with City standards, and would require the same standards of development as the adjacent properties already within the city limits. I I.6.d Boundaries for annexed areas should follow natural corridors. Finding: Proposed boundaries follow property lines of the existing parcels. K. 1Reporn120051PC Repons110-10-05WNX 05-1728 (Zacranh).doc C. 3 ANX 05-1728 ZamaNi '' Page7 of 18 Fire: The subject property is located approximately 2.7 miles from the Fire Station No. 7. Response time to the property is 7 minutes with a projected response time at full build -out to be approximately 7.5 minutes with 54 annual calls for service. 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: General Plan 2020 identifies the portion of this property within the Planning Area as Residential. FINDINGS: 11.6 ANNEXATION GUIDING POLICIES BOUNDARIES 11.6.a Annex existing islands and peninsulas and do not annex areas that would create an island or peninsula. Finding: Annexation of the property will not create an island of unincorporated property and does not exacerbate problems created by the extension of peninsulas. The proposed annexation, begins fills in land that is encompassed on all sides but the north by existing city limits. Therefore, staff finds that the proposed annexation will not further exacerbate any problems associated with the current situation. 11.6.b Proposed annexation area must beadjacent, or contiguou . ♦ S, to city limits. .w..,4 - g ... ..� a. �.e x. .�.;x.-..a 5f...,t.A.y.W .a Finding: The proposed annexation area is adjacent to the City Limits to the south, east, and west. 11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding:. This area is currently vacant at this time and located between developed or developing properties within the city. There is an existing subdivision adjacent to the western property line, and an approved subdivision is adjacent to the east. Structures on the subject property consist of several chicken houses and a single family dwelling. The property does not consist of defined subdivisions or neighborhoods. Annexation of the property would allow for Planning Commission review of development in accordance with City standards, and would require the same standards of development as the adjacent properties already within the city limits. 11.6.d Boundaries for annexed areas should follow natural corridors. Finding: Proposed boundaries follow property lines of the existing parcels. K.lRepwn120051PC Reponr110-10-05UNK05-1728 (lacranri).doc - C. 3 1 j ANX 05-1728 Zaccanti Page 11 of 18 From Fayetteville Genera! Plan 2020 — 2002 Revision 11.6 Annexation Guiding Policies Boundaries 11.6.a Annex existing islands and peninsulas and do not annex areas that would create an island or peninsula. 11.6.b Proposed annexation area must be adjacent, or contiguous, to city limits. 11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. II -6.d Boundaries for annexed areas should follow natural corridors. 11.6.e Timing of services within annexation areas should be considered. Environmentally Sensitive Areas 11.6. f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Emergency and Public Services 11.6.g Public services must be able to be provided efficiently in newly annexed areas - 11.6.h Annexed areas should receive the same level of service of areas already in the city limits. 11.6.i The ability to provide public services should be evaluated in terms of equipment, training of personnel, number of units and response time. Infrastructure and Utilities 11.6.j Areas currently served by utilities and other public services should bd annexed_ 11.6-k Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. 11.6.1 Phased annexation should be initiated by the City within active annexation areas based'on planned service extensions or availability of services. Intergovernmental Relations 11.6.m Promote long-range planning with adjacent jurisdictions. 11.6.n Establish agreements to address regional concerns, such as water, stormwater and sewer. Administration of Annexations 11.6.o Designate zoning districts for the property during the annexation process - 11.6.p An annexation study should be completed on all annexation proposals. 11.6.q Development proposals require a separate review from the annexation proposals. 11.6.r Residents should be fully informed of annexation activities. 11.6.w Encourage larger annexations to create acceptable boundaries. 11.6.t Conduct a fiscal impact assessments on large annexations. K1Reponst2005 (PC Reportr110-10-OSt4NX 0S-1728 (7acmrt6).doe C.3. ANX 05-1728 Zaccanti Page 12 01 18 Fayetteville Fire Department 303 W. Center St. Fayetteville AR. 72701 Date: September 27, 2005 To:. Suzanne Morgan, Jeremy Pate, Andrew Gamer, and Jesse hitcher From: Dale Riggins Subject: Re -zoning review from the Fayetteville Fire Department. 723 295) acres These 5.06 tg�s are covered by E 'ne 5 on N. Crosso Road. The propert 3.1 miles from th st 'on with a proje esponse tim of 7 minutes to • this develo me and 7.5 minut wh a maximu oil - t is co I ed. When the new pro ed Sta n 5 is built t Cross'b�r and Old fwire, it ed ce th nse time to 'notes to a begi g of this elopm t • The Firb DePartment cipates 5 calls for ce (3 EMS & 2 Fire) ther) on e Bevel pment is completed and maximum build -out has occurred_ There should be no adverse effects on our call volume or response time to this development. ANX08-1728 (Zaccanti, 207-246) 80 acres • RZN0S-1729 (Zaccanti, 207-246) 60 acres These 60 acres are covered by Engine 7 on Rupple Road. The property is 2.7 miles from the station with a projected response time of 7 minutes to this development and 7.5 minutes after maximum build -out is completed. The Fire Department anticipates 54 calls for service (33EMS and 21 Fire/Other) once the development is completed and maximum build -out has occurred. Our major concern is the response time for the first arriving Engine Company and the next arriving unit. The 7 minute response time is above our response time goal of 6 minutes. This is due largely to the crossing of a major highway and the curvy and narrow Rupple road. It will take the next closest station II minutes to arrive on the scene which is beyond our response time goals of having all responding units on the scene within 10 minutes of the call. If you have any other questions or concerns, please feel free to contact me for more information on run times, assignment duties, or anything else that is of a concern. C. 3 ANX 05-1728 Zaccanli FAYETTEVILLE P THE CITY OF FAYETTEVtLE; ARKANSAS POUCE DEPARTMENT October 3, 2005 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, This document is in response to the request for a determination of whether the proposed Annexation ANX 05-1728 (Zaccanti, 207-246) and Rezoning RZN 05-1728 (Zaccanti, 207-246) submitted Raymond Smith for property located S of Salem Road, E of Crystal Springs S/D would substantially alter the population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic danger and traffic congestion Based on historical data of the Crystal Springs Subdivision immediately west of this Proposal, estimations can be made regarding an increase in police calls for service. Upon - -- - build out of the submitted RZN, the Fayetteville Police Department can realize an estimated increase in 120 calls for service per year. The Engineering Department may provide more specific information about any potential traffic increase for this RZN. Since4wa CaptaBro Fayetteville Police Department FAYETTEVILLE POUCE DEPARTMENT P -O. sox 1988 FAYETTEVn LE, ARKANSAS 72702.1988 p. 1 C. 3 ANX 05-1728 Zaccanti Page 13 of 18 Fayetteville Fire Department 303 W. Center St. Fayetteville AR. 72701 ANXO 627(014W W c Investors, C, 217) 29.70 cres RZNOS- 27 (Old ire Investors, , 217) 34. acres These 34.5 acr are covered by Engine on N rossover Road. The propert i 2.7 miles from the station h projected response ti e I this develop nt and 7.75 minutes after the ximum build -out. When the e roposed Station 5 is built at sover and Old Wire, respons time t minutes to the beginni of development. The F' a Dep tanticipates3l 3l calls orservi 19EMS and I ire/O dev opment is leted and maximu build -out a occurred. cc the St ion 5 is built er should be no ad erse effects o o call vol moor re t this development. 7 minutes to reduce the r) once the 3e proposed ;po�e time If you have any questions please feel free to call or email me �.r.. -.Y.-1 .n . .. a. .. •.e ' .v.. .A 1. f•l.pi. lY r Dale Riggins Fayetteville Fire Department '` • C. 3 canti 3 2-01 1<yit -03537 001 167 "1 51 , 28 Za of 18 age 15 of 18 7-03 7 5 227-035 0151 0051 0244 00 o 535-00 L5!i2E1 0 $ o 0 o N N 0 O O _O ! 04 •m I I O _N O q o •I o 001-16747-000 ! m Q a t o _N 1 I o o 0V7-1074541 N l m _Irii 0 1^^ j.,,.. 1-16742-00 i-04450In) o o a 29-1730 001.16 001-16149 -4 • o 001-16748-000 < '1'• 001-16738-000 lri�` 11 765-16658-200 �GJ 765-16658-300 c. Y.va 1@r1: i • ^ 765-16658-100 C( -.1.-:..`d r . V .ui1JAjS)jt•I .Y/rt1�yY�`A• µn •3 n" /.r. TIO 32-17-30 765-16658-010 Fayetteville c m 76 5-1 6 6 5 8-011 N 1 111 •il ♦ .. • "1 • 1 ♦ • ♦ 1 • • •. L♦ 1 .. PL. • It ifl'.• • R 1 R•. • 1' ♦ y 1. • • •♦ •♦ .1• • ♦. .' II!IItuiM .• •ee • ••-• • Iii _ • • •• • I • •• ♦ • L• . •!. •L • ••' I L N p R� Y• It 1 •. 4Iii iit r C.3 . ANX 05-1728 Zac -'age ibo AneMil few ZACCANTI One Mile View Y !; v Ya ..IT. I •ar♦' tµ'.11j •(-rf•�v=rt } I ) • Za' ♦ FS 1 a\•. ♦ r. • ^ 1 t Y '1� � S c}f x' fi -t 1/. r r \ a`* I ' c ---•—fit x , J `�� �• `yr v \1 m f f v f 1 t o _r a . \QQVrE Jpy v_ sat\ a`J I'� f ' _• .e f 9 ri': ) ���; . Tp .l .r3,. \� 1 L y ♦•N ar Sf�r Y L `- _.i /Y4+Fr FS YY \f = it ". t= .i •I` I 1 �1Y r r • . 1 `If a�6 i:i1•i� aa.� \ ..C!, a•i%µ u' 1t v1 b v r ., ter 'fwf t 11 ISf = zero =' •t Yl.. - 1L RA ,• SUBJECT PROPERTY , Rd a Al t(. if .ly\ \♦ Y f•3 irK 1�. C r �1C.'F �� � VYR 1 e f' = u. } Y Y v: ., _ I I IFI = r a r I ? RA 0 .. __ ti La 1 / i i 1 � , RJ N 1 I :i. la��}F» Y4. La vC 3ri F�4 1 r.L� LA 3 . i 2 � , �i vtr�}r �.!≥YH`!-1 YY,, a•il t \wi =v ,I T�ny \Tihl RSFi RfJ +TL____ I\ DO Ir, itt- { I Y _ a Sy Y w'y ,2 I .J 3 •d,.; Z 0.1 S' \ Il "y RSJ t}" .0 "-.i Ii Y i T:' 1 CPID C C I I — 1 1 - ,• ' I RSJ I I I \ 1 " I i I 1 i'^ I / p `� � Rs.l _.• • a I t R3J � I � i J"• _ f I ! f I R� ALAA I R. Overview Legend Boundary Subject Property ^,. PWrnrg urea • ANXO5-1728 Ncocg o District I ccoccP O ONsiae City r Legend : 0 0.129.25 0.5 0.75 1 Miles wnti I 18 Overview C. 3 ANX 05-1728 Zaxanti - Page17 of18 ZACCANTI s -v+. i .. ry u . :::[II::::::::a'[I:::a::::ftlf::::f:::::::::::altflla::::::aa[::::::I:: P... ae _ F3 ............................................................................... W.............................................................................. yn ......................................................._................... + 4- � •{ipP • e``+ •'i .� [!. if EEiiiiiEiEliiiEF[Ei......F'....... $iiE!. ::N a n CI Ij r.• J B::::::If::::::::: Legend Subject Property AtJ%OS7728 Boundary '': Plarrtirg Area Streets 0 000y Overlay Distnq Fsistirg ococo% L Outside city `%i Planned Legend 0 200 400 800 1.200 1,600 Feet From: Clarice Pearman To: Pate, Jeremy Date: 11/23/05 1:09PM Subject: Ord. 4793 & 4794 Jeremy, Attached are copies of the ordinances above passed by City Council, November 15, 2005. CC: Bell, Peggy; Deaton, Vicki; GIS i0� W 1 1j iJ I i "/'tort/unit Arkansas' Mart Widely Read Newspaper" AFFIDAVIT OF PUBLICATION I, Erin Emis• do solemnly swear that I am the Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and .published .in Lowell, Arkansas, and that from my own .personal .knowledge and reference to the files of said publication, that advertisement of: vi/ was inserted in the regular editions on PO# * Publication Charge: $ Subscribed and sworn to before me this 5 day of i , 2005. Notary .Public Notary Public State of Arkansas My CommissiM P"* Eion Expires October 18, 2014 ** Please do not pay from Affidavit. An invoice will be sent. ORDINANCE NO. 4704 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING'PETRION RZN 05-1729 FOR APPROXIMATELY 60.00 ACRES LOCATED SOUTH OF SALEM ROAD, EAST OF CRYSTAL SPRINGS SUBDMSION FROM R -A, RESIDENTIAL - AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE a e evl le y ARKANSAS BE IT ORDAINED BY THE CRY COUNCIL OP 711E CRY OP FAYETfEVIW,'ARKANSAEt Section 1: Wet tfle zone GasUUfra0on of the tdlov*V described property Is hereby d,arged as blows: F,an R -A Redtlehael-PgrIcdtural to RSF-4, ResWental Single Famay, 4 udts per me, as show,, on E4tldt'Aattadied hereto and made a part hereof. :' Section 2: That the ommdal zoning map of the City of FayenaAe, Ma-isas Is hereby amended to reflect the za* g change p Mde0 n Section 1 above. PASS= aid•APF1 O1RU) thly 15th day of Nwernba, 2005. APPROVED: By DAN COODY, M ATTEST: - By SONDRA EYRM, CIO, C&I FJfHIBfT'A' R1729 P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-571-6470 • C.3 . ANX 05-1728 Zaccanti Page 6 of 18 Table I 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 (approved Laureate Residential Single Family Four Units/Acre Fields Subdivision) (RSF-4); Planning Area West Crystal Springs Subdivision; Rural Residential Single Family Four Units/Acre residential (RSF-4); Planning Area Proposal: The applicant proposes annexation of 80.30 acres into the City of Fayetteville. Recommendation: Staff recommends approval of the proposed annexation based on the finding 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. 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 (Planned) 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. Ji KIReporc170051PCRepn11a10-OS 4NX0ir728(lacc nd).doc . •: . - C. 3 • ANX05-1728Zaccanti Page 8 of 18 11.6.e Timing of services within annexation areas should be considered. Finding: Current conditions result in a response time of 7 minutes for fire protection from Fire Station No. 7. Additionally, the City's Fire Department currently responds to calls further west of this property. Extension of water and sewer lines will occur at the time of development to aid in the improvement of services. ENVIRONMENTALLY SENSITIVE AREAS 11.6. f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas_ Finding: The property is mainly cleared pasture land. Tree canopy is concentrated along property lines. Development regulations within the City will ensure appropriate development and preservation of the existing natural features on the property. Development outside the city does not allow for the requirement of parks, open space or tree preservation. EMERGENCY AND PUBLIC SERVICES 11.6.g Public services must be able to be provided efficiently in newly annexed areas. Finding: It is the opinion of the Fayetteville Police Department that this annexation will not substantially alter the population density, anl3,thereby undesirably increase, the load on police services or create and appreciable increase in traffic danger and congestion in the area. 11.6.h Annexed areas should receive the same level of service of areas already in the city limits. Finding: Fire and police currently serve subdivisions further west of the subject property. Service shall be provided to this area with the same level of response and service as other developments in this area. 11.6.i The ability to provide public services should be evaluated in terms of equipment, training of personnel, number of units and response time. Finding: These factors were taken into consideration in the responses and recommendations included in this report INFRASTRUCTURE AND UTILITIES 1 1.6.j Areas currently served by utilities and other public services should be annexed. Finding: Water, fire and police protection are currently provided in the surrounding K.:1Repartt2005IPCReportrtl0-10-0SUNX05-1728(Laaxndf.da; . •.. ..