HomeMy WebLinkAboutOrdinance 4840 Doc ID : 009832590002 TVDe : REL -
Recorded : 04/05/2006 at 03 : 56 : 54 PM
Fee Amt : $11 . 00 Paae 1 of 2
aashlnoton Countv . AR
Bette Stamos Circuit Clerk
F11e2006-00013586
ORDINANCE NO, 4840
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 06- 1896 FOR
APPROXIMATELY 3 .06 ACRES LOCATED SOUTH OF WEIR
ROAD AND WEST OF SALEM 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 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 7f day of March, 2006.
=U •
c ; FAYETTEVILLE •
APPROVED- ATTEST: = ;�
%9s'9: 0kAeve
NSP�
DAN COODY, Mayor S NDRA SMITH, City Clerk ^'
EXHIBIT "A"
RZN 06-1896
A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT
WHICH IS S02021 ' 10"W 353.33 FEET AND S79045'52"W 355.92 FEET FROM THE
NORTHEAST CORNER OF SAID 40 ACRE TRACT AND RUNNING THENCE
S02035'22"W 469.29 FEET, THENCE N8702415211W 308.85 FEET, THENCE
NO3021 "38"E 401 .50 FEET TO THE CENTERLINE OF WASHINGTON COUNTY
ROAD 94, THENCE ALONG SAID CENTERLINE N7904515211E 310.95 FEET TO
THE POINT OF BEGINNING CONTAINING 3 .06 ACRES MORE OR LESS.
SUBJECT TO ANY RIGHTS-OF-WAY OR EASEMENTS OF RECORD.
Washington County, AR
I certify this instrument was filed on
04/05/2006 03:56:54 PM
and recorded in Real Estate
File Number 2006.00013588
Bette Stamps - Circuit e
by
'Ul2D
3� �Jo6
City of Fayetteville
Staff Review Form n U(� - I 8V
City Council Agenda Items �r01 Its
or
Contracts
21 -Feb-06
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
RZN 06- 1896 (Broyles, 245): Submitted by H2 Engineering, Inc. for property located south of Weir Road and west of Salem
Road. The property is zoned R-A, Residential Agricultural, and contains approximately 3 .06 acres. The request is to rezone
the subject property to RSF-4, Residential Single Family, 4 units per acre.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project Catego Name
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
2 -Z- o
Depaa^rttment irector Date Original Contract Date: n/a
Original Contract Number: n/a
/ 2 - 3 - a6
City Attorney
Received in City Clerk's Office
ENTER D
46
Finance and Internal Service Director Date
Received in Mayor's Office IPEI)
Mayor Date
Comments:
�Ct�'� en �fi!u SGeenc� /-tadin,f o1�.2i/d6
City Council Meeting of February 21 , 2006
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: January 27, 2006
Subject: Rezoning for Broyles (RZN 06- 1896)
RECOMMENDATION
The Planning Commission recommends approval of rezoning the subject 3.06-acre
property from R-A to RSF-4. This action would allow the development of a maximum
12 single-family dwellings on the subject property.
BACKGROUND
The property contains approximately 3 .06 acres. It is located within the Planning Area
and currently undeveloped. The property is adjacent to the City of Fayetteville. along its
eastern and southern property lines. Surrounding developments include Raven
Subdivision, Crystal Springs Subdivision, and Benton Development Subdivision
(currently under construction).
The applicant requests that this property be rezoned from R-A, Residential Agricultural,
to RSF-4, Residential Single Family — 4 units per acre, in order to develop the property in
a manner consistent with surrounding subdivisions located within the City of Fayetteville.
It is anticipated that this property will be developed as a second phase of Benton
Development Subdivision, an approved subdivision adjacent to the property. This phase
will consist of approximately 10 single-family lots.
DISCUSSION
This item was heard at the regular Planning Commission on January 23, 2006. The
Planning Commission voted 9-0-0 to recommend approval of a rezoning to RSF-4 to the
City Council.
BUDGET IMPACT
None.
ORDINANCE NO,
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 06- 1896 FOR APPROXIMATELY
3 .06 ACRES LOCATED SOUTH OF WEIR ROAD AND WEST OF
SALEM 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 following d`escnbed property is
hereby changed as follows: �\
From R-A, Residential Agricultural to RSF` , Residential Si`ngl�Family,
r
4 units per acre, as shown on Exhibit "A" Attached „ereto an made a part hereof.
Section 2: That the official zoning map of the N . , of Fayetteville, Arkansas is
hereby amended to reflect the zoning�hange provided in 'ec\tionn I above.
PASSED and APPROVED thisday-of )/ 2006.
APPROVED:
By:
DAN COODY, Mayor
ATTEST: . '
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 06- 1896
A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 32, TOWNSHIP 17 NORTH , RANGE 30 WEST, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT
WHICH IS S02021 ' 10"W 353 .33 FEET AND S79045'52 "W 355 .92 FEET FROM THE
NORTHEAST CORNER OF SAID 40 ACRE TRACT AND RUNNING THENCE
S02035'22"W 469.29 FEET, THENCE N87024'52 "W 308.85 FEET, THENCE
NO3021 "38"E 401 .50 FEET TO THE CENTERLINE OF WASHINGTON COUNTY
ROAD 94, THENCE ALONG SAID CENTERLINE N79045'52�E 3'10.95 FEET TO
THE POINT OF BEGINNING CONTAINING 3.06 ACRES'MORE OR LESS.
SUBJECT TO ANY RIGHTS-OF-WAY OR EASEMENTS 0 RECORD.
;& Jt
�V1 Tayet PC Meeting of January 23 , 2006
Aft KANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.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: January 16, 2006
RZN 06-1896: (BROYLES, 245): Submitted by H2 ENGINEERING, INC. for property located
at WEIR RD., W OF SALEM RD. The property is in the Planning Area and contains
approximately 3 .06 acres. The request is to rezone the subject property to RSF-4, Residential
Single Family, 4 units per acre.
Planner: Suzanne Morgan
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
PLANNING COMMISSION ACTION: Required YES
c� Approved O Denied
Date: January 23, 2006 1
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: February 21, 2006 (1" reading if recommended)
BACKGROUND:
Property description & Proposal: The subject property contains approximately 3 .06 acres. The
Planning Commission approved a preliminary plat to subdivide this property into three lots on
August 8, 2005 (Eagles Ridge Subdivision). Although this property was approved for
development within the Planning Area, the adjacent property to the south and east had been
annexed into the city. The Planning Commission approved the development (Benton
Development Subdivision) of this adjacent 10.5-acre tract of property on October 10, 2005 . The
owner of the subject property acquired the 10.5-acre tract and would propose a comprehensive
subdivision on the entire property. Therefore, the applicant requests the rezoning of this 3.06
acres from R-A, Residential Agricultural, to RSF-4, Residential Single-Family, 4 Units per Acre,
should the preceding annexation request be approved.
K:IReporu12006TC Reporu101-23-061RZN 06-1896 (Broyles).doc
Related Issues: When property is annexed into the City, it is annexed as R-A Residential
Agricultural. If the annexation is recommended for approval to City Council, the applicant would
like to rezone the 3 .06 acres to RSF-4, Residential Single Family, 4 Units per Acre. The annexation
request, ANX 06- 1895 , is an accompanying item to this rezoning request.
Recommendation: Staff recommends approval of the rezoning request. Future changes or
additional development on this site will be regulated by the city allowing for a uniform and
consistent development pattern.
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North Single family homes on large lots Planning Area
South Vacant — under development (Benton RSF-4, Res. Single-Family — 4
Development SD) units/acre
East Vacant — under development (Benton RSF-4, Res. Single-Family — 4
Development Subdivision) units/acre
West Single family homes on large lots Planning Area
INFRASTRUCTURE:
Streets: The site has access to Weir Road. Improvements will be required to Wier Road
which may include off-site improvements. An evaluation will be made by staff at
the time of preliminary plat. Dedication of right-of-way per the Master Street
Plan is required.
Surrounding Master Street Plan Streets:
North: Weir Rd. (Local)
Gypsum Dr. (Collector - Unconstructed)
East: W. Salem Rd. (Collector)
West: Salem Rd. (Collector)
Water: Public water is not adjacent to the site. A study of the water system shall be
conducted by the developer. Substantial improvements to the water system may
be required which includes other off-site improvements. Water service will need
to be extended to and within the property at the time of development connecting
within the proposed development.
Sewer: Sanitary sewer is not near to the site. Substantial improvements to the sewer
system will be required which includes off-site improvements. This development
will be within the sewer assessment area. A study of the downstream system shall
be conducted by the developer. Substantial improvements to the sewer system
may be required which includes other off-site improvements. Sewer service will
need to be extended to and within the property at the time of development
connecting within the proposed development.
K.IWeportsU0061PC Reports101-73-061RU 06-1896 (Broyles).doc
Drainage: Standard improvements and requirements for drainage will be required for the
development.
Fire:
• These 3.06 acres is covered by Engine 7 at 835 Rupple Road.
• It is 2.9 miles from the station with an expected response time of 8.25 minutes. This
response time is above our goal of having the first unit on the scene within 6 minutes,
90% of the time, and our goal of assembling all responding units to the scene of a
moderate risk assignment within 10 minutes, 90% of the time. It has been proposed
(Fayetteville Fire Department: Deployment Study 2003) to build a fire station (Station
9) to cover this northwest part of the city. The long response time is due to the
narrow and winding Rupple Road between Wedington Dr and Mt Comfort Rd plus
having to cross 2 major cross streets.
• The Fire Department anticipates 3 (2 EMS — I Fire/Other) calls for service per year
once the development is completed and maximum build-out has occurred.
• Measured Hydrant Flow in this area is 805 gallons/minute.
• The service impact of this development will typically take eighteen months after the
development is started, and the units begin to be occupied, to occur.
Police: It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially alter the population density and thereby undesirably increase the load
on police services or create and appreciable increase in traffic danger and
congestion in the area.
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to RSF-4 is consistent with the land use plan and compatible with surrounding land uses in the
area.
FINDINGS OF THE STAFF
I . A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The proposed RSF-4 zoning for a Single family residential use is compatible
with adjacent and nearby single family residential land use. The General
Plan designates this area for residential use, which is compatible with the
proposed RSF4 zoning.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is justified in order to promote orderly and consistent
development patterns making use of existing infrastructure. A subdivision
with density compatible to those surrounding subdivisions within the City
could not be developed as it is currently zoned. A higher density than the R-
K:tReporut20061PC Re.porulOI-23-06IRZN 06-1896 (Broyles).doc
A zoning district is appropriate in this area, and would provide compatibility
with adjoining developments that are zoned RSF-4.
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 all adjacent streets.
Weir Road, a Collector Street on the MSP adjoins the northern boundary of
the property. Salem Road and Gypsum Road are also nearby and will aid in
the movement of traffic generated by this subdivision. A street connection is
also planed from the development of this property to the south. These
several existing streets that surround the property will allow traffic to
disperse in an efficient manner and lessen any negative affects from the
addition of vehicular traffic in this area. The Fayetteville Police Department
finds that rezoning this property will not result in an appreciable increase in
the level of traffic danger and congestion in the area.
4. A determination as to whether the proposed zoning would alter the population density
and thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The proposed zoning would increase population density. Under an R-A,
Residential Agricultural designation, the 3.06-acre tract would allow for a
maximum of I dwelling unit (1 unit / 2 acres). With the proposed RSF4
designation, 12 dwelling units would be permitted, with a projected 27 future
residents in this area. Rezoning the property increases the possible number
of residential units and population than that which would be allowed in the
R-A zoning district, but 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.
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:IRepom120061PC Reporu101-13-061RZI0 06-1896 (Broyles).do
161 .03 District R-A, Residential-Agricultural 161 .07 District RSF4, Residential Single-
Family — Four Units Per Acre
(A) Purposes. The regulations of the agricultural
district are designed to protect agricultural land (A) Purpose. The RSF4 Residential District is
until an orderly transition to urban development designed to permit and encourage the development
has been accomplished; prevent wasteful scattering of low density detached dwellings in suitable
of development in rural areas; obtain economy of environments, as well as to protect existing
public funds in the providing of public development of these types.
improvements and services of orderly growth;
conserve the tax base; provide opportunity for (B) Uses.
affordable housing, increase scenic attractiveness;
and conserve open space. ( 1 ) Permitted uses.
(B) User. Unit 1 Ci -wide uses b right
1 Permitted uses. Unit 8 Sin le-famil dwellin
Unit 1 Ci -wide uses by right
Unit 3 Public protection and utility facilities
Unit 6 Agriculture
Unit 7 Animal husband (2) Conditional uses.
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 37 Manufactured homes Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
(2) Conditional uses. Unit 4 Cultural and recreational facilities
Unit 2 City-wide uses by conditional use permit Unit 9 Two-family dwellings
Unit 4 Cultural and recreational facilities Unit 24 Home occupations
Unit 20 Commercial recreation, large sites Unit 36 Wireless communimfions facilities
Unit 24 Home occupations
Unit 36 Wireless communications facilities (C) Density.
C Density. Single-familyTwo-family
11 Units per acre One-half dwellin s dwellin s
[Units era;cre 11 4 or less 7 or less
D Bulk and area regulations. (D) Bulk and area regulations.
Lot width minimum 200 ft.
Lot Area Minimum:
Residential: 2 acres Single-family Tyro-family
Nonresidential: 2 acres dwellings dwellings
Lot area er dwelli unit 2 acres Lot minimum width 70 ft. 80 ft.
Lot area minimum 8,000 sq. ft. 12,000 s . fl.
Land area per 8,000 sq. ft. 6,000 sq. ft.
dwelling unit
(E) Setback requirements.
(E) Setback requirements.
Fmnt Side Rear
35 ft. 20 ft. 35 ft. Front I Side 1 Rear
25 f . 8 ft. 20 ft.
(F) Height requirements. There shall be no 11
maximum height limits in the A- 1 District, (F) Height. None.
provided, however, that any building which
exceeds the height of IS feet shall be setback from (G) Building area. On any lot the area occupied
any boundary line of any residential district a by all buildings shall not exceed 40% of the total
distance of 1 .0 foot for each foot of height in area of such lot.
excess of 15 feet. Such setbacks shall be measured
from the required setback lines.
(G) Building area. None.
KARepora120061PC Reporul01-23-061RZN 06-1896 (Rroyles).doe
FAYETTEVILLE
FpVE E C
pOLICF
THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT
S
49 fANgP
January 17, 2006
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 06-1895 and Rezoning RZN 06-1896 (Broyles, 245) submitted by H2
Engineering for property located at Weir Rd., W of Salem Rd. 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.
It is the opinion of the Fayetteville Police Department that annexation and rezoning will
not substantially alter the population density and thereby undesirably increase the load on
police services or create and appreciable increase in traffic danger and congestion in the
area.
Sincerel
Captain William Brown
Fayetteville Police Department
FAYETTEVILLE POLICE D PARTM (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701
FAYETTEVRlE,tARKANSAS 11 -t y'rpc PHONE: 478387.3555 FAX. 474887-3522