HomeMy WebLinkAboutOrdinance 4797 oc ID : 009494380002 Tvoe : REL
Recorded : 12/29/2005 at 01 : 58 : 10 PM
Fee Amt : $11 . 00 Paae 1 of 2
Washlnaton County . AR
Bette Stamps Circuit Clerk
F11e2005-00057604 .
ORDINANCE NO. 4797
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 05- 1754 FOR APPROXIMATELY 26.28
ACRES LOCATED AT THE SOUTH EAST CORNER OF HIGHWAY
112 AND DEANE SOLOMON ROAD FROM R-A, RESIDENTIAL —
AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY,
FOUR 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 I above.
PASSED and APPROVED this 6th day of December, 2005.
APPROVED:
"S%A` RK/TRE4ff1�
Poo * "
S Y Op' we
By: ze
c ; FAYETTEVILLE ; DAN COODY,
May
;;Jor
yATTEST: ' GroN01%
By: 91 nA JX A J brw
SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 05-1754
TRACT A:
PART OF THE NORTHWEST QUARTER (NW1 /4) OF THE SOUTHWEST
QUARTER (SWI /4) OF SECTION TWENTY-EIGHT (28), TOWNSHIP SEVENTEEN
( 17) NORTH, RANGE THIRTY (30) WEST, DESCRIBED AS FOLLOWS :
COMMENCING AT THE NORTHWEST CORNER OF THE SWI /4 OF SAID
SECTION 28- 17-30, THENCE S8701412911E 1320. 14 FEET TO A POINT ON THE
EAST LINE OF THE NORTHWEST QUARTER (NW1/4), SOUTHWEST QUARTER
(SWI/4) SAID SECTION, THENCE S02031102"W 34.79 FEET ALONG SAID EAST
LINE TO THE SOUTHERN RIGHT-OF-WAY ARKANSAS HIGHWAY No. 112 AND
THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE
S02031 '02"W 841 .64 FEET; THENCE LEAVING SAID EAST LINE N86°59'06"W
338.87 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF
175 .00 FEET AND AN ARC LENGTH OF 55 .75 FEET. SAID CURVE HAVING A
CHORD BEARING AND DISTANCE OF N77051 '32"W 55.51 FEET; THENCE
N68043'58"W 153 .21 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 1000.00 FEET AND AN ARC LENGTH OF 133 .58 FEET, SAID CURVE
HAVING A CHORD BEARING AND DISTANCE OF S14039'04"W 133 .48 FEET TO
A POINT ON THE EAST RIGHT-OF-WAY OF WASHINGTON COUNTY ROAD
NO. 890; THENCE ALONG SAID EAST RIGHT-OF-WAY N07055'08"W 215 .06
FEET; THENCE WITH SAID RIGHT-OF-WAY N25041 '08"W 166. 10 FEET;THENCE
WITH SAID RIGHT-OF-WAY N14035'08"W 576.59 FEET TO THE SOUTHERN
RIGHT-OF-WAY OF ARKANSAS HIGHWAY NO. 112; THENCE ALONG SAID
SOUTHERN RIGHT-OF-WAY S87035'48"E 853 .75 FEET TO THE POINT OF
BEGINNING, ALL LOCATED IN FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS AND CONTAINING 13 .716 ACRES, MORE OR LESS.
TRACT B
PART OF THE WEST HALF (W 1 /2) OF THE SOUTHWEST QUARTER (SW 1 /4) OF
SECTION TWENTY-EIGHT (28), TOWNSHIP SEVENTEEN ( 17) NORTH, RANGE
THIRTY (30) WEST, DESCRIBED AS FOLLOWS : COMMENCING AT THE
NORTHWEST CORNER OF THE SWI /4 OF SAID SECTION 28- 17-30, THENCE
S87014'29"E 1320. 14 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID QUARTER ( 1/4) SECTION LINE S87014129"E 634.01
FEET; THENCE S00° 11 '32"W 628.47 FEET; THENCE S03003'56"W 178.40 FEET;
THENCE S03003'56"W 161 .92 FEET; THENCE N86057'53 "W 163 .83 FEET; THENCE
NO3003'56"E 88.74 FEET; THENCE N86059'06"W 493 .28 FEET; THENCE
NO2031 '02"E 841 .64 FEET; THENCE NO2°31 '02"E 34.79 FEET TO THE POINT OF
BEGINNING, CONTAINING 12.572 ACRES, MORE OR LESS ALL LOCATED IN
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS.
Washington County, AR
I certify this instrument was filed on
12/29/2005 01 :58: 10 PM
and recorded in Real Estate
File Number 2005-00057604
Bette Stamps - Circuit Clerk om
by .C7 5
City of Fayetteville L�S /OS
Staff Review Form y , 9
City Council Agenda Items
or RTit/ 05 ' / 7s y
Contracts l�{W �) O 49)wk
15-Nov-05
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
RZN 05- 1754 (PARK WEST HEIGHTS, 208 ): Submitted by Mel Milholland for property located at the southeast corner of
Highway 112 and Deane Solomon Road. The property is zoned R-A, Residential-Agricultural, and contains approximately
26.28 acres. The request is to rezone the subject property to RSF-4, Residential Single Family, 4 units per acre.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project CategoryName
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
1O ` � J Previous Ordinance or Resolution # n/a
6 9Department l3irector Date Original Contract Date: n/a
Original Contract Number: n/a
City Attorney
Received in City Clerk's Office
Finance and Internal Service Director Date
Received in Mayor's Office
'U Z 19
Mayr Date
Comments:
City Council Meetipf November 15, 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 27, 2005
Subject: Rezoning for Park West Heights (RZN 05- 1754)
RECOMMENDATION
Planning staff recommends approval of the subject rezoning request to rezone
approximately 26.28 acres of property from Residential-Agricultural (R-A) to Residential
Single-Family Four Units Per Acre (RSF-4).
BACKGROUND
The subject property contains approximately 26.28 acres owned by Tracy Hoskins. The
property is currently undeveloped farmland with a few single family homes and
accessory structures. The property is zoned R-A, Residential Agricultural, and identified
on the General Plan 2020 as Residential. The applicant requests the property be rezoned
from R-A to RSF-4 with the intention to develop the subject property for residential use.
Surrounding properties to the north and west are zoned RSF-4. Development of 40 acres
(zoned RSF-4) northwest of the subject property at a density of 2.4 units per acre has
been approved.
It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially alter the population density and thereby undesirably increase the load on
police services, though any entrances to future development should be carefully evaluated
and placed so as not to create a hazard on the hillcrests on Hwy 112 and Deane Solomon
Road. The Fire Department estimates a 7.5 minute response time to this site which meets
the Department' s goal to have all response vehicles at the site within 10 minutes, 90% of
the time. A study of water and sewer capacity shall be conducted by the developer at the
time of development application.
Staff recommends approval of this rezoning request based on findings stated within the
attached staff report, finding that the uses allowed will be compatible and similar to
surrounding uses allowed within existing zoning districts.
City Council Meeti9ofNovember 15, 2005
Agenda Item Number
DISCUSSION
This item was heard at the regular Planning Commission on October 24, 2005 . The
Planning Commission voted 5-2-0 to recommend approval of this rezoning request to the
City Council, with Commissioners Allen and Ostner voting no.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1754 FOR APPROXIMATELY
26.28 ACRES LOCATED AT THE SOUTH EAST CORNER OF
HIGHWAY 112 AND DEANE SOLOMON ROAD 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 Zral<tcR',
followmg described pry is
hereby changed as follows: \From R-A, Residential-Agriculh''4, Residential Single Family,
fr .\
4 units per acre, as shown on Exhibit "A" Attached hereto-and made a part hereof.
Section 2 : That the official zon ni g-map of the Citi of\Fayetteville, Arkansas is
hereby amended to reflect the zoning char ge provided in Section 1 above.
PASSED and APPROVED th s\\ d y7 2005.
APPROVED:
By.
DAN GOODY, Mayor
ATTESTS
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 05-1754
TRACK A
PART OF THE NORTHWEST QUARTER (NW1 /4) OF THE SOUTHWEST QUARTER
(SWI /4) OF SECTION TWENTY-EIGHT (28), TOWNSHIP SEVENTEEN ( 17) NORTH,
RANGE THIRTY (30) WEST, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF THE SW1 /4 OF SAID SECTION 28-17-30, THENCE
S87014'29"E 1320. 14 FEET TO A POINT ON THE EAST LINE OF�THE NORTHWEST
QUARTER (NW1 /4), SOUTHWEST QUARTER (SW1 /4) SAIp�8ECTION , THENCE
S02031 '02"W 34.79 FEET ALONG SAID EAST LINE TO THE�SOUTHERN RIGHT-OF-
WAY ARKANSAS HIGHWAY No. 112 AND THE POINT OF ,BEGINNING;
THENCE CONTINUING ALONG SAID EAST LINE S02°31 '02"W
841 .64 FEET;
THENCE LEAVING SAID EAST LINE N86059'06 'W 338.87 FEET;
THENCE ALONG A CURVE TO THE RIGHT/HAVINGA RADIUS
OF 175.00 FEET AND AN ARC LENGTH OF'55.75 FEET:�SAID
CURVE HAVING A CHORD BEARING AND DISTANCE-OFJ
N77051 '32'W 55.51 FEET; `\
THENCE N68043'58"W 153.21 FEET;.
THENCE ALONG A CURVE TO THE;LEFT HAVING A RADIUS
OF 1000. 00 FEET AND AN ARC LENGTH OF-133.58 FEET,
SAID CURVE HAVING A CHORD BEAR ING,AND\DISTANCE OF
S14039'04"W 133.48 FEET TO A POINT,ON THE EAST
RIGHT-OF-WAY OF WASHINGTON COUNTY ROAD NO. 890;
THENCE ALONG SAID EAST'RIGHT-OF=WAY
N07055'08"W 215.06%FEET;
THENCE WITH SAID\RIGHT-OF=WAY_N25°41 '08"W 166. 10 FEET;
THENCE WITH SAID RIGHT-OF=WAY N14°35'08"W 576.59 FEET
TO THE.SOUTHERN RIGHT-OF-WAY OF ARKANSAS HIGHWAY
NO. 1.12;THENCE ALON&S)SlD�SOUTHERN RIGHT-OF-WAY S87°35'48"E 853.75
FEET/ATO THE POINT, OF ,BEGINNING, ALL LOCATED IN FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS AND CONTAINING 13.716 ACRES, MORE OR
LESS. \13 \TRAC
PART OF THE\WEST/HALF (W1 /2) OF THE SOUTHWEST QUARTER (SW1 /4) OF
SECTION TWENTY/EIGHT (28), TOWNSHIP SEVENTEEN ( 17) NORTH, RANGE
THIRTY (30) �V EST, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF THE SW1 /4 OF SAID SECTION 28-17-30, THENCE
S87014'29"E 1320. 14 FEET TO THE POINT OF BEGINNING ;
THENCE CONTINUING ALONG SAID QUARTER (1 /4) SECTION LINE
S87014'29"E 634.01 FEET;
THENCE S00° 11 '32"W 628.47 FEET;
THENCE S03003'56"W 178.40 FEET;
THENCE S03003'56"W 161 . 92 FEET;
THENCE N86057'53"W 163.83 FEET;
THENCE NO3003'56"E 88. 74 FEET;
• 0
THENCE N86059'06"W 493.28 FEET;
THENCE NO2031 '02"E 841 .64 FEET;
THENCE NO2031 '02"E 34.79 FEET TO THE POINT OF BEGINNING, CONTAINING
12.572 ACRES, MORE OR LESS ALL LOCATED IN FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS.
�j
�1 V le PC Meeting of October 24, 2005
7 ARKANSAS
!! 125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: October 20, 2005
RZN 05-1754: Rezoning (PARK WEST HEIGHTS, 208): Submitted by MEL
MILHOLLAND for property located at SE CORNER HWY 112 AND DEANE SOLOMON RD.
The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately
26.28 acres. The request is to rezone the subject property to RSF-4, Residential Single Family, 4
units per acre.
Property Owner: TRACY HOSKINS
Property Owner: MIKE & BRENDA PRICE Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
PLANNING COMMISSION ACTION: Required YES
✓ Approved O Denied
Date: October 24, 2005 Motion: Vaught
Second: Myres
Vote: 5-2-0 with Allen and Ostner voting no.
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: November 15, 2005 (1st reading if recommended)
BACKGROUND:
Property description: The subject property contains approximately 26.28 acres owned by Tracy
Hoskins. The property is currently undeveloped farmland with a few single family homes and
accessory structures. The property is zoned R-A, Residential Agricultural, and identified on the
General Plan 2020 as Residential.
K.lReporu11005WC Reporull0-14-051RZN 05-1754 (Park West Heighu).doc
0
Surrounding Land Use and Zoning
Direction Land Use Zoning
from Site
North Vacant/Pasture (Belclair Subdivision under RSF-4 & R-A
construction
South Vacant/Pasture R-A
East Vacant/Pasture R-A
West Residential Single Family (Lynn Leigh Hill Estates) RSF-4
Proposal: The applicant intends to develop the property for residential use. Therefore, the applicant
is requesting the property be rezoned from R-A, Residential Agricultural, to RSF-4, Residential
Single-Family, 4 Units per Acre.
Recommendation: Staff recommends approval of the rezoning request to rezone the subject property
RSF-4 based on findings herein.
INFRASTRUCTURE:
Streets: The site has access to Highway 112 on the north and Dean Solomon Road on the
west. Improvements to Dean Solomon Road will be required along the property
frontage. Off-site improvements to adjacent streets will need to be evaluated by staff
at the time of preliminary plat. Rights-of-way for Highway 112 and Dean Solomon
Road will also be required at the time of preliminary plat.
Water: Public water is adjacent to the site. There is a 6" waterline to the north along
Highway 112. Improvements to the water system will be required which may also
require off-site improvements. An evaluation will need to be made by the developer
at the time of preliminary plat on how the water system is to be connected with the
existing system.
Sewer: Sanitary sewer is not adjacent to the site. Developments to the south are in the
process of constructing sanitary sewer mains which may connect to this development.
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. The large
diameter sanitary sewer collection main is also planned to pass near this site.
Drainage: Runoff from most of the site flows overland to the south to a creek. Standard
improvements and requirements for drainage will be required for the development.
Fire: The subject property is served by Fire Station #2, located on North Garland. The
property is 3 .4 miles from this station with a projected response time of 7.5 minutes.
The anticipated response time to the property at the maximum build-out is 8 minutes
with 24 service calls per year. The 7.5 minute response time for the first response to
KlReponv120051PC Repons110-24-05WZN 05-1754 (Park Mess Heighu).doc
0 r
arrive at the scene is 1 .5 minutes longer than the Fire Department's goal. However,
the Fire Department's goal to assemble all responding units to the scene within 10
minutes will be met. The service impact of this development will typically take
eighteen months after the development of the property commences.
Police: It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially alter the population density and thereby undesirably increase the load on
police services. The Engineering Department may provide more specific information
about the potential traffic increase for the rezoning. Any entrances to this
development should be carefully places so as not to create a hazard. The hillcrests on
Deane Solomon and Hwy 112 should be avoided.
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property to
RSF-4 is consistent with the land use plan and compatible with surrounding land uses in the area.
FINDINGS OF THE STAFF
1 . A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The proposed RSF-4 zoning for a single family residential use is compatible with
adjacent and nearby single family residential land use. There is an existing
subdivision to the west zoned RSF-4. Property to the north was recently
rezoned RSF-4 and is currently being developed for a residential single family
subdivision. The General Plan designates this area for residential use, which is
compatible with the proposed RSF-4 zoning.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: As population continues to increase in Northwest Arkansas and in the City of
Fayetteville, the demand for residential housing increases. In response to this
market, greater number of properties historically used as pasture and farmland
are requested to be developed. The subject property is identified on the General
Plan 2020 as residential property and is located adjacent to Hwy 112 and Deane
Solomon Road, two principal roads. As such, the property owner requests that
the property be rezoned to RSF-4 so that the property can be developed for
single family residential use. Staff finds that to develop the property in a
consistent manner to the surrounding properties and in urban densities, the
rezoning is both justified and needed. As a policy, the City Council has
identified this area as more suitable for residential growth than agricultural.
K.Wepora12005APC Reparts110-24-05IRZN 05-1754 (Park West Heights).do
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. The surrounding streets are designated a Principal Arterial and
a Collector on the Master Street Plan. In addition, there is a planned Collector
street to be constructed south of the property. The existing and future streets
surrounding this property are designated to absorb the traffic generated by
future development on the subject property. Street improvements shall be
required at the time of development. Depending on the number of units
proposed at the time of development and the location of access proposed onto
the adjacent streets, Staff may request a traffic study to be provided by the
developer at the time of development. Access onto the surrounding streets shall
be evaluated to ensure safety and adequate site distance, especially at the crests
of the hills on the adjacent streets.
Police - It is the opinion of the Fayetteville Police Department that this
rezoning will not substantially alter the population density and
thereby undesirably increase the load on police services. The
Engineering Department may provide more specific information
about the potential traffic increase for the rezoning. Any
entrances to this development should be carefully places so as not
to create a hazard. The hillcrests on Deane Solomon and Hwy
112 should be avoided.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and sewer
facilities.
Finding: The proposed zoning would increase population density. Under an R-A,
Residential Agricultural designation, the 26.28-acre tract would allow for a
maximum of 13 dwelling units (1 unit / 2 acres). With the proposed RSF-4
designation 105 dwelling units would be permitted. Rezoning the property
increases the possible number of residential units and population over that
which is be allowed in the R-A zoning district, but the proposed rezoning is
consistent with land use, zoning, and development patterns in the immediate
vicinity.
Increased load on public services were taken into consideration and
recommendations from Engineering, Fire, and Police Departments are included
in this report.
K:IReports12005�PC ReportsV 0-24-05V?ZV 05-1754 (Park West Heights).doc