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HomeMy WebLinkAboutOrdinance 4859 Doc ID : 009947490004 Tvoe : REL Recorded : 05/ 10/2006 at 11 : 43 : 33 AM 11 Fee Amt : $17 . 00 Pace 1 of 4 Mashlnoton Countv . AR Bette Stamos Circuit Clerk FS1e2006_00018877 I ORDINANCE NO. 4859 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06- 1949 FOR APPROXIMATELY 6.03 ACRES LOCATED AT 4230 HUNTSVILLE ROAD, FROM RSF- 1 , RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-7, RESIDENTIAL SINGLE FAMILY, 7 UNITS PER ACRE SUBJECT TO THE BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l : That the zone classification of the following described property is hereby changed as follows: From RSF- 1 , Residential Single Family, 1 unit per acre and RSF-4, Residential Single Family, 4 units per acre to RSF-7, Residential Single Family, 7 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. � K/TR• ., Section 3 : The rezoning is subject to the offered Bill of Assurance. \��'G�SY 0r '•;P�; zc) PASSED and APPROVED this 18th day of April, 2006. c ; FAYETTEVILLE ; APPROVED: ATTEST: �'�ysy RkANSQ�J� � '3 TO By: (s' By: &,:6b D COODY, Mayor SONDRA SMITH, ity Clerk Washington County, AR i I certify this instrument was filed on , 05/10/2008 11 :43:33 AM and recorded in Real Estate File Number2006-0001887700 ircuit 8877 Bette Stamps - Circuit gleyk � by I EYMIT "A" RZN 06-1949 r A PART OF THE FRI, NW 1/4 OF THE FRI, NW 1 /4 OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 29 WEST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1 /2" REBAR LOCATED AT A POINT THAT IS S02042' 13 "W 113 .52 FEET FROM THE NORTHEAST CORNER OF THE FRI, NW 1/4 OF THE FRI, NW 1 /4 OF SAID SECTION 19, AND RUNNING THENCE S0032143"W 42.89 FEET TO A 1 /2" REBAR LOCATED AT THE NORTHWEST CORNER OF THE DAVID LYLE VILLAGE SUBDIVISION PHASE II; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID SUBDIVISION THE FOLLOWING: S1 °56'27"W 101 . 11 FEET, S2° 19'50"W 74.99, S2004'03 "W 75 .023 S301711311W 74.99, S2009' 16"W 75.00, S2011 ' 1011W 75.01 , S203110911W 75 . 16, S205915511W 77.95, S53045133"E 2.81 FEET TO A 1 /2" REBAR LOCATED AT THE NORTHWEST CORNER OF THE RIVER HILLS SUBDIVISION; THENCE S3°08' 13"W 82.64 FEET ALONG THE WEST OF LINE OF SAID SUBDIVISION TO A 1/2" REBAR; THENCE LEAVING SAID WEST LINE AND RUNNING N87022'46"W 254.04 FEET TO A 1 /2" REBAR; THENCE S4°56'26"W 104.98 FEET TO A 1 /2" REBAR; THENCE N53041 '50"W 95 .27 TO A I/2" REBAR; THENCE N2012'48"E 807.90 FEET TO A 1 /2" REBAR; THENCE S87°27'20"E 337.93 FEET TO THE POINT OF BEGINNING, CONTAINING 6.03 ACRES, MORE OR LESS, CITY OF FAYETTEVILLE, WASHINGTON COUNTY ARKANSAS. SUBJECT TO THE 50 FOOT WIDE ARKANSAS WESTERN GAS TRANSMISSION LINE EASEMENT RUNNING SOUTHEASTERLY THROUGH THE SOUTH SIDE, THE 15 FOOT WIDE CITY OF FAYETTEVILLE SEWER LINE EASEMENT RUNNING SOUTHEASTERLY THROUGH THE SOUTH SIDE AND EASTERLY THROUGH THE NORTH SIDE, THE ARKANSAS STATE HWY NO. 16 RIGHT-OF-WAY ALONG THE SOUTH LINE, AND ANY OTHER EASEMENTS AND OR RIGHT-OF-WAYS OF RECORD. J BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer.of this property, (hereinafter "Petitioner') Sno r E 4 A<� rr,,o rlraaz, CaAL.2(.2y - hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Chancery/ Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioners property shall be restricted as follows IF Petitioner's rezoning is. " approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to S u Y t E; - (P)t .u�y Res loll-mr1c HOMES 2. Other restrictions including number and type of structures upon the property are limited to 19 rintu" , A or- 3. f3. Specific activities will not be allowed upon petitioners property include 4;Ef' Pnya LY(.ti e ee& '•-tCrwe 6L cyk aPt ,s 4. (Any other terms or conditions) RESTR.LC-TIyE TO 1 1TitE(L M>Ei"02 LXC - -nH E " 0=0 LIZ U L1�w&E Q,�rwcriuG CvurS � wls ��� vTr C.�srzu�-rd� Cpan�-cy C.o��ra-iovs� 12'" fraC� I�t47. -�- -_ 4 _ 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, 6 "-Y , as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. 4f. — ! ( - 0b 4A Date Printed Name 7.S1E7 N- (i�.ez.�C3r:3Yt �1� �. Address F� �r� dFM— X2703 Signature NOTARY OATH STATE OF ARKANSAS J COUNTY OF WASHINGTO� N�/ ) And now on this the ��da of 200& appeared before me, and after being placed upon his/her oath swore or affirmed th a/she agreed with the terms of the above Bill of Assurance and signed his/her name above. NOT Y ffisial Seal My Commission Expires: SONDRA. ELAINE stdtT.H . Notary Puet+c-nN;ensas WASssion }N COUNTY AdY Commission =xFires 09-01 -2012 ELLIS a SCOTTA JEk REALTY (4,9) 466 - 7039 Office (479) 251-0100 wasnington county fax (479)695-1696 Home once (479) 582-1417 Sellwithscoftyahoo.com 3500 Norm College, Suite 1 Fayetteville, Arkansas 72703 City Council Meeting of April 04, 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 c Date: March 16, 2006 Subject: Rezoning for Ellis (RZN 06- 1949) RECOMMENDATION The Planning Commission recommended denial of the subject rezoning request from RSF- 1 and RSF-4 to RSF77 on approximately 6.03 acres located north of Huntsville Road, west of David Lyle Subdivision. Planning Staff originally recommended approval of the requested rezoning to RSF-7. BACKGROUND The subject property contains approximately 6 acres and is located on Huntsville Road, a Principal Arterial. The property is delineated by Bayyari Park to the north and the Riverhills Subdivision, zoned R-O and developed with 2.60 units per acre, and David Lyle Subdivision, zoned RSF-7 and developed with 3 .98 units per acre, to the east. Properties to the west and south are developed for large single-family lots. " In 1995, the property to the east and north was annexed into the city and zoned R-A, RSF-7, and R-O. Property to the west of the subject property was annexed into the city in 1998 and was zoned RSF-7 to allow the development of small single-family lots. The annexation of these surrounding properties created an island of unincorporated property that was eventually annexed and zoned RSF- 1 in August of 2004. The unique zoning of the subject property and the surrounding properties is a result of the piecemeal. . ` annexation and rezoning into the City of Fayetteville; nevertheless, all properties have developed for single-family use, with a majority of these lots conforming to the RSF-7 zoning district bulk and area regulations. The applicant requests rezoning of approximately 6 acres from RSF- 1 and RSF-4 to the RSF-7 zoning district. The applicants desire this zoning district to develop a residential subdivision meeting the criteria set forth in the RSF-7 zoning district. DISCUSSION This item was heard at the regular Planning Commission on March 13, 2006. The Planning Commission voted 3-5-0 to forward the rezoning request with a recommendation for an RSF-4 zoning district, with Commissioners Anthes, Graves, kAf City Council Meeting of April 04, 2006 Agenda Item Number Lack, Vaught and Ostner voting no. In response to the failed motion, the Planning Commission unanimously agreed to reconsider the rezoning request. A motion was made to forward the rezoning request as presented by the applicant, to a zoning of RSF-7, but failed with a 4-4-0 vote, with Commissioners Clark, Myres, Anthes and Allen voting no. Therefore, the motion failed due to lack of five affirmative votes, and the application for rezoning to RSF-7 was denied. The applicant has submitted an appeal of the Planning Commission action within the required time period. Those who voted against the motion discussed their concerns regarding compatibility with the adjacent developments. The Planning Commission requested that the applicant meet with adjoining neighbors, several of whom were present and voiced concern and questions regarding zoning in the area, prior to City Council consideration of the rezoning request. Staff recommends approval of the proposed rezoning. The property is located adjacent to a Principal Arterial street and a city park, amenities desirable adjacent to residential development. Additionally, this property is located adjacent to other developments and properties zoned RSF-7. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06- 1949 FOR APPROXIMATELY 6.03 ACRES LOCATED AT 4230 HUNTSVILLE ROAD, FROM RSF- 1 ; RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-7, RESIDENTIAL SINGLE FAMILY, 7 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 RSF- 1 , Residential Single Family, 1 unit per acre and RSF-4, Residential Single Family, 4 units per acre to RSF-7, Residential Single Family, 7 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—day of J 2006. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk EX111B11' "A" RZN 06-1949 A PART OF THE FRL NW % OF THE FRL NW '/ OF SECTION 19, TOWNSHIP 16 NORTH , RANGE 29 WEST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A 1 /2" REBAR LOCATED AT A POINT THAT IS S02042'13 "W 113 .52 FEET FROM THE NORTHEAST CORNER OF THE FRL NW % OF THE FRL NW '/< OF SAID SECTION 19, AND RUNNING THENCE S0032'43 "W 42.89 FEET TO A 1 /2" REBAR LOCATED AT THE NORTHWEST CORNER OF THE DAVID LYLE VILLAGE SUBDIVISION PHASE 1I; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID SUBDIVISION THE FOLLOWING: S1 °56'27"W 101 . 11 FEET, S2019'50"W 74.99, S2004'03 "W 75 .02, S3017' 13 "W 74.99, S2009' 16"W 75 .00, S2°11 ' 10"W 75.01 , S2031 '0911W 75 . 16, S2059'55"W 77.95, S5304513311E 2 .81 FEET TO A 1 /2" REBAR LOCATED AT THE NORTHWEST CORNER OF THE RIVER HILLS SUBDIVISION; THENCE S3°08' 13 "W 82.64 FEET ALONG THE WEST OF LINE OF SAID SUBDIVISION TO A 1 /2" REBAR: THENCE LEAVING SAID WEST LINE AND RUNNING N87022'46"W 254.04 FEET TO A 1 /2" REBAR; THENCE S4056'26"W 104.98 FEET TO A 1 /2" REBAR; THENCE N53041 '50"W 95 .27 TO A 1 /2" REBAR; THENCE N2012'48"E 807.90 FEET TO A 1 /2" REBAR; THENCE S87027'20"E 337.93 FEET TO THE POINT OF BEGINNING, CONTAINING 6.03 ACRES, MORE OR LESS, CITY OF FAYETTEVILLE, WASHINGTON COUNTY ARKANSAS . SUBJECT TO THE 50 FOOT WIDE ARKANSAS WESTERN GAS TRANSMISSION LINE EASEMENT RUNNING SOUTHEASTERLY THROUGH THE SOUTH SIDE, THE 15 FOOT WIDE CITY OF FAYETTEVILLE SEWER LINE EASEMENT RUNNING SOUTHEASTERLY THROUGH THE SOUTH SIDE AND EASTERLY THROUGH THE NORTH SIDE, THE ARKANSAS STATE HWY NO. 16 RIGHT-OF-WAY ALONG THE SOUTH LINE, AND ANY OTHER EASEMENTS AND OR RIGHT-OF-WAYS OF RECORD. Y7a .1. . PC Meeting of. March 13, 2006 . ye ARKANSAS THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St. PLANNING DIVISION CORRESPONDENCEFayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: March 7, 2006 RZN 06-1949: Rezoning (ELLIS, 569): Submitted by SCOTT ELLIS for property located at 4230 HUNTSVILLE ROAD. The property is zoned RSF-1 , SINGLE FAMILY - I UNIVACRE and RSF-4, RESIDENTIAL SINGLE FAMILY — 4 UNITS PER ACRE and contains approximately 6.03 acres. The request is to rezone the subject property to RSF-7. Residential single family, 7 units per acre. Planner. Suzanne Morgan RECOMMENDATION: Staff recommends approval of the requested ieiouing from RzA to RSF=7 based on-the 7 imdings herein./- MY- 3'I��1SIIA1 �#p. YI11R. }y S� Eg � + -r" AO. F' iv RN DUKE Or Comments: BACKGROUND: Property description: The subject property contains approximately 6 acres and is located on Huntsville Road, a Principal Arterial. The property is delineated by Bayyari Park to the north and the Riverhill and David Lyle Subdivisions to the east. Properties to the west and south are developed for large single-family lots. K'lRepomk2M161PCRepor[r103-13-061RZN06-1949 (Elli).dx Background: In the 1960s, the City of Fayetteville annexed a strip of property on either side of Huntsville Road to access Lake Sequoyah, a principal water source for the City. The annexation of this corridor included many portions of property instead of the entire portion. Overtime, owners of property both within the Planning Area and City have requested annexation and rezoning. In 1995, the property to the east and north was annexed into the city and zoned R-A, RSF-7, and R-O. Property to the west of the subject property was annexed into the city in 1998. The portion that was originally annexed into the city in the 1960s was zoned RMF-24. The portion of property annexed in 1998 was zoned RSF-7 to allow the development of small single- family lots. The annexation of these surrounding properties created an island of unincorporated property that was eventually annexed and zoned RSF-1 in August of 2004. The unique zoning of the subject property and the surrounding properties is a result of the piecemeal annexation and rezoning into the City of Fayetteville; nevertheless, all properties have developed for single- family use, with a majority of these lots conforming to the RSF-7 zoning district bulk and area regulations. Proposal: The applicant requests rezoning of approximately 6 acres from RSF-1 and RSF-4 to the RSF-7 zoning district. The applicants desire this zoning district to develop a residential subdivision similar in character to the adjacent David Lyle Subdivision, meeting the criteria set forth in the RSF-7 zoning district. Recommendation: Staffiecommends approval of the proposed rezoning. The development of? the property for single family residential use at 7 units per acre is comparable to the surrounding properties and developments. Furthermore, it will allow the growth of the city adjacent to park ' amenities. SURROUNDING LAND USE AND ZONING Direction Land Use in North Ci Parkland R-A South Sin le familyhomes RSF-4 & P]annin Area East Sin a Famil Residential RSF-7 & R-O West Single famil home RSF-7 & RMF-24 INFRASTRUCTURE: Streets: The site currently has frontage on Huntville Road. Further evaluation will be conducted by staff for any required improvements. Standard.improvements are: dedication of right-of-way per the Master Street Plan, widening of pavement, curb and gutter, storm drainage, and sidewalks. Adjacent Streets- South: Huntsville Road (Principal Arterial) K.11?eporu170061PCRepons103-13-061RZN06-1949 (ENu).dm - Water: Public water is adjacent to the site. There is an 8" waterline that runs along Huntville Road, and a 6" main in the development to the east. A study of the water system shall be conducted by the developer as directed by the Engineering Division. Substantial improvements to the water system may be required which includes other off-site improvements. Water service will need to be extended within the property at the time of development connecting within the proposed development. Sewer: Sanitary sewer is available to the site. A study of the downstream system shall be conducted by the developer. Sewer service will need to be extended within the property at the time of development connecting within the proposed development. Drainage: Standard improvements and requirements for drainage will be required for the development. [Fire: These approximately 6.03 acres are covered by Engine 5 located at 833 N Crossover. It is 3 miles from the station with an expected response espouse time of 5.25 minutes. When the new Station #3 opens the travel distance will be reduced to 2.5 miles with a response time of 4.25 minutes. The Fire Department anticipates 10 (6 EMS — 4 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 1515 gallons per 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. , There should t [be no adverse effects on our call volume or response time to this development. • J Police: Itis the opinion of the Fayetteville Police Department that the proposed 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 the site as Residential. Rezoning this property to RSF-7 is compatible with the single-family use in the surrounding 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: CTbe proposed rezoning is consistent with current land use planning objectives and policies for Residential Use in the area as indicated on the .Future Land Use plan. ,The requested zoning is slightly greater density that the typical RSF4 zoning district which has been utilized for development K:1Reponai10061PCReporu103-13-061R7-N06-1949 (Elhs).dw south of Huntsville and north of Huntsville, east of the subject property. However, rezoning the property to RSF-7 is compatible with the immediately surrounding property, also zoned RSF-7. As encouraged in General Plan 2020, this new residential area is located in an area accessible to roadways and community amenities, with Huntsville Road located to the south and Bayyari Park adjacent to the north. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: For the property to develop in a manner consistent with adjacent properties, ' a,zoning that would allow density greater than 1 unit per acre and 4 units per acre is required. Additionally, the split zoning presents a challenge in a development of a subdivision with continuity. The RSF-7 zoning is the most common in this area, and the dense development can be served by the • • Principal Arterial and Collector streets to the south. Staff finds that a zoning greater than RSF-1 and RSF-4 is justified in this area and will be compatible ;with the surrounding developments. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: It is expected that a rezoning from RSF-4 and RSF-1 to RSF-7 would create an increase in traffic compared with that allowed under the existing zoning. The property is configured such that only approximately 100' is adjacent to Huntsville Road, from which a public street connection can be made. Ideally, staff would recommend connectivity through other subdivisions to limit the number of street connections onto Huntsville Road; however, no connectivity to this property was provided when David Lyle Subdivision and Riverhills Subdivisions were approved for development. Staff will evaluate the condition of Huntsville Road at the time of development, recommending street improvements adjacent to the subject property and off -site improvements, if, based on rough proportionality test, they are deemed appropriate. Staff will also evaluate any potential for connecting to surrounding properties. The development of 6 acres at RSF-7 will result in a maximum 42 dwelling units and 420 vehicle trips per day. Police: ,It is the opinion of the Fayetteville Police department that an appreciable increase in traffic danger and congestion would not be created by this rezoning. 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. K. IReporns170061PCReporu103-13-061RZN 06-1949 (EVa).doc Finding: The proposed zoning will increase population density from the zoning currently in place. The 6 acre tract under an RSF-4 (1.6 acres) and RSF-1 (4.4 acres) zoning designation would allow for a maximum 10 single-family residential dwelling units. With the proposed RSF-7 designation, a maximum 42 single- family dwelling units would be permitted. Stiff finds that increasing the density !limitations to 7 units per acre would alter the population density in the immediate vicinity, though not to the degree that it undesirably increases the +load on public services. Increased load on public services was taken into consideration for the recommendations from Engineering, Police and Fire Department that are included in this report. 5. If there are reasons why theproposed 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. IReportr170061PCReporU'103-13-061R7N06.1949 (Ellis).doc 161.08 District Rsf-7, Residential Single - Family — Seven Units Per Acre (A) Purpose. The RSF-7 Residential District is designed to permit and encourage the development of detached dwellings in suitable environments. (B) Uses, (1) Permitted uses. (E) Setback requirements. Front Side Rear j125ft 8 ft. 201t. (F) Height regulations. Building height maximum I 30 R. ((3) Building area The area occupied by all buildings shall not exceed 50% of the total lot area. • Unft 1 City-wide uses by right • unit8 81ng1e4am1hj dwellings • (2) Conditional uses. Unit 2 1 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 Unit36 Wireless communkations facilaes • (C) Density. B Ri ht Conditional Use • Single-family dwelling units peracre 7or less . 8.5 Two-family dwelling units — er acre Option: elo15%maximum the lot maximum, (D) Bulk and area regulations. (I) Lot width minimum. Sin le -farm 60 R Two-family 60 R Townhouse,nomorthantwo 30ft attached - - (2) Lot area minimum..; . . Sin le-famil 6000 . ft. - _ - 1\vo-famjly 6,000 sq. R Townhouse,nomorethantwro 3,000sq.R attached • (3) Land area per dwelling unit. Single-family 6,000sq. R Two-family 3,000 s . ft Townhouse, no more than two 3,000sq.ft. attached K.{Reporteul0061PCRepor4t03-13-061RZN 06-1949 (f]Ils).doc Fayetteville Fire Department To: Suzanne Morgan, Andrew Garner, Jeremy Pate, and Jesse Futcher Thru: Chief Tony Johnson From: Captain Dale Riggins Date: March 7, 2006 Re: March 6, 2006 Zoning Review — Fire Department Comments RZN06-1949 (Ellis, 569) These approximately 6.03 acres are covered by Engine 5 located at 833 N Crossover. It is 3 miles from the station with an expected response time of 5.25 minutes. When the new Station #3 opens the travel distance will be reduced to 2.5 miles with a response time of 4.25 minutes. The Fire Department anticipates 10 (6 EMS — 4 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 1515 gallons per 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. 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. Sincerely Dacggins Dale Riggins Fayetteville Fire Department i �} FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS March 6, 2006 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 POLICE DEPARTMENT Dear Director Pate, This document is in response to the request for a determination of whether the proposed Rezoning RZN 06.1949 (Ellis, 569) submitted by Scott Ellis for property located at 14230 Huntsville 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 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. Sincerely Captain William Brown Fayetteville Police Department FAYETTEVILLE POLICE DEPARTMENT 1 00-A WEST ROCK STREET FAYETTEVILLE, ARKANSAS 72701 (DELIVERIES) POLICE 100-A WEST ROCK STREET 72701 PHONE: 479.587.3555 FAX: 479.587.3522 Applicant's Statement Regarding Reasons for Rezoning We, Scott Ellis and Aaron Crawley, are the property owners and request the change in rezoning for the following reasons: As owners and developers, we would like to pursue the possibility of improving the property into a single-family neighborhood consisting of affordable housing, contiguous with the surrounding neighborhoods. The home situated on the property at present has been sold "to -be -moved" and will leave the acreage as a flat, clear and'ideal piece of land for development considering its location and shape. The property is surrounded by RSF-7 zoning to the east and west (including the David Lyle Subdivision), and RMF-24 zoning to the southwest. All homes constructed are expected to be similar in size and appearance to the adjacent properties, with little or no negative effect on public services or traffic congestion due to the relatively small size of the property (approximately 18 lots). Development of the land is made possible by the accessibility of all necessary utilities being found either on, or nearby, the land. An 8" sewer line runs along the north, west and south edges of the property, while an 8" water line is situated along the course of Hwy 16, being the southern edge. Additionally, there is a 50' gas easement traversing the property from east -to -west. Our intentions for this six acres is to fully develop the land into approximately 18 lots for the construction of affordable housing for current, and future residents of Fayetteville. Present market conditions are such that, while the recent record -low interest rates have made larger homes more affordable for the average family, the increase in interest rates has highlighted the lack of new construction in the $150-200,000 price range. At present, the property is zoned RSF-4 and RSF-1. For us to be able.to keep the lot -prices at an affordable level, we need the land to be rezoned to RSF-7. Our engineers are ready to submit to the Planning Department and we request this change to be made as soon as possible. Scott Ellis Aaron Crawley Arc[MS Viewer .,...,a .._ _ . .... ,. - , — : gip..... tt 4 K � r ' } Sof Fayetteville, AR - FayGIS http://www.faygis.org/website/Zoning_FAYIMapFrame.htm PARKS AND RECREATION ADVISORY BOARD Meeting Minutes March 6, 2006 Opening: At 5:00 P.M. the Board members along with Parks Staff toured three properties subject to consideration during the Board meeting. On arrival at City Hall the regular meeting of the Parks and Recreation Advisory Board was called to order by Chairman Wade Colwell at 6:30 P.M. on March 6, 2006 in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Present: Parks and Recreation Advisory Board members Bailey, Langsner, Davidson, Davis, Bitter, Burke & Colwell; Park Staff Coles, Jumper, Wright, Whillock, Edmonston, Trails Coordinator, Mihalevich, and audience were in attendance. 1. Park Land Dedication: Alison Jumper, Park Planner Development Name: Addison Acres Engineer: HGM Consulting, Inc. Owner: Aaron Crawley and Scott Ellis Location: North of Huntsville Road (Hwy 16 east) between River Meadows Drive and Roberts Road Park District: SE Units: 16 Single Family Y (one existing) Total Acres: 6.03 acres Land Dedication Requirement: .384 acres Money in Lieu Requirement: $8,880 Existing Parks: Bayyari Park Developer's Request: .41 acres of Land adjoining Bayyari Park. Developer would construct an accessible sidewalk from the proposed sidewalk at the cult -de - sac to the existing sidewalk leading to the Bayyari Park playground. Developer requests to bank the remaining .026 acres for future development in the southeast Staff Recommendation: Staff agrees with developers request to contribute .41 acres to increase the size of Bayyari Park from 7 acres to 7.41 acres. Staff also agrees for the developer to construct a sidewalk to March 6, 2006/ 1 connect the proposed development with the existing sidewalk that leads to Bayyari Park playground. In exchange for the sidewalk construction, a drainage easement will be allowed within the dedicated park land. The location of the drainage easement and outflow structure shall be approved by Justification: parks staff. By accepting the additional land at' Bayyari, the new residents will be connected with a sidewalk to the existing park facilities. The .41 acres of additional land is heavily wooded and ,will provide a nice addition to Bayyari Park. Colwell asked if the development would have a detention pond and Jumper replied that there would not be a retention pond. PRAB Motion: Davis moved to accept Staff recommendation to accept developer's request as stated above, Bailey seconded the motion and the Board approved unanimously. March 6, 2006/ 2 37 .9, FAYETTEVILLE THE CITY OF FAYE7TEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 479-575-8267 PLANNING DIVISION CORRESPONDENCE TO: GIS FROM: Jan Gambill, Senior Planning Clerk DATE: SUBJECT: Legal check for planning project Project Name: _2_Al V6 - I1 Return by: Z' - �CJ Parcel: 1h�i4o Plat Page/I: ?b Current Zoning:p(�T� ///��G Section: Proposed I Zoning: Township: Range: q_ Submittal: 1st 2nd 3rd Closure error / co ments: • Race( c_.la52S , SArVe� desc.cp-Fr-ovi . is ,n;SS;q second cc # '/y Call, As tjr.t(ern 1e pa/te1 caries � the NE fy Nw 1/, , r,o+ 44ie d'11J i ( Nw 11, j !9, Has the applicant been contacted with requested revisions: YES NO Checked by: j� - ,/, Date shape file was created: QIOi'ryeo Yahoo! Mail - sme11is73@yahoo.com Page 1 of! YAHa0t MAIL Survey Description: a •nowrretl by UTSIDE IN Print - Close Window HTML EXPORT A part of the Fri NW '/4 of the Fri NW Y. of Section 19, Township 16 North, Range 29 West and being more particularly described as follows: Beginning at a 1/2" rebar located at a point that is S02°42'13"W 113.52 feet from the Northeast Corner of the Fri NW '/. of said Section 19, and running thence S0°32'43"W 42.89 feet to a 1/2" rebar located at the Northwest Corner of the David Lyle Village Subdivision Phase II; thence Southerly along the West line of said subdivision the following: S1°56'27"W 101.11 feet, S2°19'50"W 74.99, S2°04'03"W 75.02, S3°17'13"W 74.99, S2°09'16"W 75.00, S2°11'10"W 75.01, S2°31'09"W 75.16, S2°59'55"W 77.95, S53°45'33"E 2.81 feet to a 1/2" rebar located at the Northwest Corner of the River Hills Subdivision; thence S3°08'13"W 82.64 feet along the West of line of said Subdivision to a 1/2" rebar; thence leaving said West line and running N87°22'46"W 254.04 feet to a 1/2" rebar; thence S4°56'26"W 104.98 feet to a 1/2" rebar located on the North Right -of -Way line of Arkansas State Highway No. 16; thence N53°4150"W 95.27 along said Right -of -Way to a 1/2" rebar; thence leaving said Right - of -Way and running N2°12'48"E 807.90 feet to a 1/2" rebar; thence S87°27'20"E 337.93 feet to the Point of Beginning, containing 6.03 acres, more or less, City of Fayetteville, Washington County Arkansas. Subject to the 50 foot wide Arkansas Western Gas transmission line easement running Southeasterly through the South side, the 15 foot wide City of Fayetteville sewer line easement running Southeasterly through the South side and Easterly through the North side and any other easements and or Right -of -Ways of record. EXHIBIT "A" PROPERTY TO BE REZONED AS SUBMITTED B PPLICANT Applicant's Signature http://us. f547.mail.yahoo.com/ym/ShowLetter?box=lnbox&Msgld=5894_2604719_76329_... 2/!/2006 PLAT OF SURVEY FOR HGM CONSULTING j. 5 NE copNCP xw'/4-NPl/° SEC 19 T- 16-N. BAYYARI PARK P e5 w 101.11' 15' at1E tan at FAymmYAIE ,J > 74.99' sae wssama y YJ4'03°W 6.03 ACRES ± J 75.82' 502 74.99' 1J Uet s02O916 w z 75.00' > a WZ ro ° -10-W - _ _ _ __ _ I S0211 �o 75.01' of ONE STORY t^ FRAME gg'� 502'J1'09°W 75.17' fl WarAaaA9 xEsOul rrs 5025955W Sly woo O&MOrt. f 77,95' 553'45'33'E 2.81' �03V °W 82.6t' NeY224TW RIVER IOLI.S SUBB. A pan of the Fri NW'/, ofthe Fri NW'%of Sarkis 19, To mhip 16 North Range 29 West and being rmre particularly descried as follows: Beginning at a I2" rebws located at a poim that is SO2°42.13W 113.52 feel from the Northeast Comer afthe Fri NW 'A attend Section 19. and nmning thence SO°32'43'W 42.89 feet ton III" resin looped at the Northwest Corner ofthe David Lyle Village Subdivision Pl se II; thence Southerly along the West line ofsaid subdivision the following: $ I°5627' W 101.11 feet. S2°19Y50'W 74.99, 5204'03W 75.02, S3°ITI3'W 7499, S2 O996 -W 7500.52'l l'10 -W 75.01, 52°31'09' W 75.16, S2°59'55"W 7795, 553°45'33'E 2.81 fen in a l2" relnr located at the Northwest Corer or he River Hills Subdirision; thence 53°08'13W 82.64 feel along the West ofline ofsaid Subdivision to a l2" rebar; llrcncc leasing said West lint and nlnning N87°R'46"W 254.04 fen to a Iti" to d; thence S4°5696' W 104.98 fen Ion hr tebar located on the North Right -of -Way line of Arkansas Stale Highway No. 16; thence N53°41'50 -W 9517 along said Right -of --Way 10 a I2"reed,, thence leaving aid Rightof Way and running N2°12'4897 807.90 fact to a I2" ram; thence 587°2721TE ]37.93 fee to the Point of Beginning. containing 603 acres. more or less, City of Fnctteville, Washington County Arkansas Subject to the 50 foal wide Askartas Western Gas hownisson line atetmm running Somlemlaly through the South side, led 15 foot wide Ciy of Faya0eville scxer the ascnam running SowltanetN though the Satoh side and Easterly through the North side and any other caamcros and or Right -of -Ways ofrecord. Nt/4 COP. SEC 19 1-16-N. P -P9 -w LEGEND • FOUND IRON PIN O SET IRON PIN ® SEWER MANHOLE ® GAS METER — X — FENCE LINE BOUNDARY LINE SURVEYOR'S CERTIFiCAT10N: 1 hearty certify that I hove surveyed the herein described tract and that the property lines and comer monuments are, to the best of my knowledge and ability. correcty established as shown. Also. orb, easements and/or encroachments ravealed said survey are shown hereon„ / 44 �! 1 WILUAM C. JENKINS / PtSTi0,-.685 OASIS FOR BEARINGS: Geodetic North. Arkansas State Plane Gk, Novcom Navigational System 8000 CERlinCAIION: The herein described tract is in a non -flooded area and not within the 100 year flood plain. Per FEMA Mop No. 05143EO115E dated 12/20/2000. PUT CODE: 500-I 6N -29W-0-19-440-72-0688 e1U 0011Rlly rvE::'an •44L 0' 150' 300' 450' RZN06-1949 ELLIS L L I J A Future Land Use :::::::::::: `' ; J Jaa ,�; J JJJ m' JaJe f::::.:::. i.... '3 �} a J o JJ J• J J y> J J QO0 J a J J JJ SUBJECT PROPERTY J J RA o J J ��. o J .a �J J J Parks'01 J o- 0 . JJJJ a ? ., 0 Overview o I , Streets 'Na. Existing Planned Boundary O1! Planning Area C00000� 00000000 Overlay District O Outside City Legend 0 75 150 300 450 600 Feet BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS to order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer. of this property, (hereinafter "Petitioner") Srarr E, s n-wo Awi¢cp. ,2M, t_e Y ` hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Chancery/ • Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens • and city of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and • Petitioner's property shall be restricted as follows IF Petitioner's rezoning is. approved by the Fayetteville City Council. .1. The use of Petitioners property shall be limited to • Ik -CE - Fi thtc�Y 2u toas. -r trrL Halmos 2. Other restrictions including number and type of structures upon the property are limited to ,F kla (?_LoE��9L- J . I 3. Specific activities will not be allowed upon petitioner's property 4. (Any other terms or conditions) Zas7 .C_nuE TO am t ceen -mg •' fl o L'tLE • Ps rtztcl tuG Co -,'fl --� lS erc aoeo Y1r 1 5t tr%&3 o,� • 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. r -I L� • IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, , _tc nT rn r}R261J Gag%sua' , as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. H -r _k_LS Date Printed Name 2s€7 N- t zr ni-t Address ! Fi cut 1 r E e11c 72703 Signature NOTARY OATH STATE OF ARKANSAS COUNTY OF WASHINGTON And now on this the /=day of before me, 91LA 2 (jQfl 1OrI after being placed upon his/her oath swore or the terms.of the above Bill of Assurance and si My Commission Expires: OD) —,?nom 20016, appeared ___ and ned th a/she agreed with his/her name above. r Y7bi.C-IA alSE SMITHkansas WMY Co�09N01.2012 F ,e 1 ne t ARKANSAS THE CITY OF FAYETTEVILLE PLANNING DIVISION CORR] TO: Fayetteville Planning C{ FROM: Suzanne Morgan, Curre THRU: Jeremy Pate, Director of DATE: March 7, .2006 D ch 13, 2006 W. Mountain St. bville, AR 72701 (479) 575-8267 i RZN 06-1949: Rezoning (ELLIS, 569): Submitted by SCOTT ELLIS for property located at 4230 HUNTSVILLE ROAD. The property is zoned RSF-1, SINGLE FAMILY - 1 UNIT/ACRE and RSF-4, RESIDENTIAL SINGLE FAMILY -4 UNITS PER ACRE and contains approximately 6.03 acres. The request is to rezone the subject property to RSF-7, Residential single family, 7 units per acre. Planner: Suzanne Morgan RECOMMENDATION: Staff recommends approval of the requested rezoning from R -A to RSF-7 based on the findings herein. COMMISSION ACTION: Required YES O Forwarded ✓ Denied March 13, 2006 x COUNCIL ACTION: Required YES O Approved O Denied April 04, 2006 (Vt reading if recommended) Comments: t BACKGROUND: Property description: The subject property contains approximately 6 acres and is located on Huntsville Road, a Principal Arterial. The property is delineated by Bayyari Park to the north and the Riverhill and David Lyle Subdivisions to the east. Properties to the west and south are developed for large single-family lots. K: IReporu120061PC Reportsl03-13-061RZA' 06-1949 (Ellis).doc Background.: In the 1960.s, the City of Fayetteville annexed a strip of property on either side of Huntsville Road to access Lake Sequoyah, a principal water source for the City. The annexation of this corridor included many portions of property instead of the entire portion. Over time, owners of property both within the Planning Area and City have requested annexation and rezoning. In 1995, the property to the east and north was annexed into the city and zoned R -A, RSF-7, and R -O. Property to the west of the subject property was annexed into the city in 1998. The portion that was originally annexed into the city in the 1960s was zoned RMF-24. The portion of property annexed in 1998 was zoned RSF-7 to allow the development of small single- family lots. The annexation of these surrounding properties created an island of unincorporated property that was eventually annexed and zoned RSF-1 in August of 2004. The unique zoning of the subject property and the surrounding properties is a result of the piecemeal annexation and rezoning into the City of Fayetteville; nevertheless, all properties have developed for single- family use., with a majority of these lots conforming to the RSF-7 zoning district bulk and area regulations. Proposal: The applicant requests rezoning of approximately 6 acres from RSF-1 and RSF-4 to the RSF-7 zoning district. The applicants desire this zoning district to develop a residential subdivision similar in character to the adjacent David Lyle Subdivision, meeting the criteria set forth in the RSF-7 zoning district. Recommendation: Staff recommends approval of the proposed rezoning.. The development of .. the property for single-family residential use at 7 units per acre is comparable to the surrounding: properties and developments. Furthermore, it will allow the growth of the city adjacent to park amenities. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North City Parkland R -A South Single family homes RSF-4 & Planning Area East Single Family Residential RSF-7 & R -O West Single family home RSF-7 & RMF-24„ INFRASTRUCTURE: Streets: The site currently has frontage on Huntsville Road. Further evaluation will be conducted by staff for any required improvements. Standard improvements are: dedication of right-of-way per the Master Street Plan, widening of pavement, curb and gutter, storm drainage, and sidewalks. Adjacent Streets: South: Huntsville Road (Principal Arterial) K: IReporls(2006PC Reportsl03-l3-06WZN 06-1949 (Qlis).doc I1 Water: Public water is adjacent to the site. There is an 8" waterline that runs along Huntville Road, and a 6" main in the development to the east. A study of the water system shall be conducted by the developer as directed by the Engineering Division. ;Substantial improvements to the water system maybe required which includes other off -site improvements. Water service will need to be extended within the: property at the time of development connecting within the proposed development. Sewer: Sanitary sewer is available to the site. A study of the downstream system shall be conducted by the developer. Sewer service will need to be extended within the property at the time of development connecting within the proposed development. Drainage: Standard improvements and requirements for drainage will be required for the development. Fire: These approximately 6.03 acres are covered by Engine 5 located at 833 N Crossover: It is 3 miles from the station with an expected response time of 5.25 minutes. When the new Station #3 opens the travel distance will be reduced to 2.5 miles with a response time of 4.25 minutes. The Fire Department anticipates 10 (6 EMS — 4 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 1515 gallons per 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. There should be no adverse effects on our call volume or response time to this development. Police: It is the opinion of the Fayetteville Police Department that the proposed 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 the site as Residential. Rezoning this property to RSF-7 is compatible with the single-family use in the surrounding area. FINDINGS OF THE STAFF 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 rezoning is consistent with current land use planning objectives and policies for Residential Use in the area as indicated on the Future Land Use plan. The requested zoning is slightly greater density that the typical RSF-4 zoning district which has been utilized for development K:IReports120061PC Reportst03-13-061RZN 06-1949 (Ellis).dor south of Huntsville and north of Huntsville, east of the subject property. However, rezoning the property to RSF-7 is compatible with the immediately surrounding property, also zoned RSF-7. As encouraged in General Plan 2020, this new residential area is located in an area accessible to roadways and community amenities, with Huntsville Road located to the south and Bayyari Park adjacent to the north. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: For the property to develop in a manner consistent with adjacent properties, a zoning that would allow density greater than 1 unit per acre and 4 units per acre is required. Additionally, the split zoning presents a challenge in a development of a subdivision with continuity. The RSF-7 zoning is the most common in this area, and the dense development can be served by the Principal Arterial and Collector streets to the south. Staff finds that a zoning greater than RSF-1 and RSF-4 is justified in this area and will be compatible with the surrounding developments. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: It is expected that a rezoning from RSF-4 and RSF-1 to RSF-7 would create an increase in traffic compared with that allowed under the existing zoning. The property is configured such that only approximately 100' is adjacent to Huntsville Road, from which a public street connection can be made. Ideally, staff would recommend connectivity through other subdivisions to limit the number of street connections onto Huntsville Road; however, no connectivity to this property was provided when David Lyle Subdivision and Riverhills Subdivisions were approved for development. Staff will evaluate the condition of Huntsville Road at the time of development, recommending street improvements adjacent to the subject property and off -site improvements, if, based on rough proportionality test, they are deemed appropriate. Staff will also evaluate any potential for connecting to surrounding properties. The development of 6 acres at RSF-7 will result in a maximum 42 dwelling units and 420 vehicle trips per day. Police: It is the opinion of the Fayetteville Police department that an appreciable increase in traffic danger and congestion would not be created by this rezoning. 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. K:1 Reports120061PC Reports (03-13-061 RTN 06-1949 (E11is).doc Finding: The proposed zoning will increase population density from the zoning currently in place. The 6 acre tract under an RSF-4 (1.6 acres) and RSF-I (4.4 acres) zoning designation would allow for a maximum 10 single-family residential dwelling units. With the proposed RSF-7 designation, a maximum 42 single- family dwelling units would be permitted. Staff finds that increasing the density limitations to 7 units per acre would alter the population density in the immediate vicinity, though not to the degree that it undesirably increases the load on public services. Increased load on public services was taken into consideration for the recommendations from Engineering, Police and Fire Department that are included in this report. 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. tReportsl2006tPC ReportsIO3-13-O61R7rV 06-1949 (EIIis).doc 161.08 District Rsf-7, Residential Single - Family — Seven Units Per Acre (A) Purpose. The RSF-7 Residential District is designed to permit and encourage the development of detached dwellings in suitable environments. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings (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. By Right Conditional Use Single-family dwelling units per acre 7 or less L 8.5 Two-family dwelling units per acre — Option: 15% of the lot, maximum (D) Bulk and area regulations. (1) Lot width minimum. Single-family 60 ft. Two-family 60 ft. Townhouse, no more than two attached 30 ft. (2) Lot area minimum. Single-family 6,000 sq. ft. Two-family 6,000 sq. ft. Townhouse, no more than two 3,000 sq. ft. attached (3) Land area per dwelling unit. Single-family 6,000 sq. ft. Two-family 3,000 sq. ft. Townhouse, no more than two attached 3,000 sq. ft. K: IReporrs120061PC Reports103-13-06VRZN 06-1949 (Qiis).doc (E) Setback requirements. Front Side Rear 25 ft. 8ft. 20 ft. (F) Height regulations. Building height maximum I 30 ft. II (G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area. Fayetteville Fire Department To: Suzanne Morgan, Andrew Garner, Jeremy Pate, and Jesse Fulcher Thru: Chief Tony Johnson From: Captain Dale Riggins Date: March 7, 2006 Re: March 6, 2006 Zoning Review — Fire Department Comments RZN06-1949 (Ellis, 569) These approximately 6.03 acres are covered by Engine 5 located at 833 N Crossover. It is 3 miles from the station with an expected response time of 5.25 minutes. When the new Station #3 opens the travel distance will be reduced to 2.5 miles with a response time of 4.25 minutes. The Fire Department anticipates 10 (6 EMS — 4 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 1515 gallons per 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. c c 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. Sincerely H;..? Vale 1R2gginS Dale Riggins Fayetteville Fire Department FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT March 6, 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 Rezoning RZN 06-1949 (Ellis, 569) submitted by Scott Ellis for property located at 14230 Huntsville 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 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. Sincerely iaye'rot� Captain William Brown Fayetteville Police Department FAYETTEVILLE POLICE DEPARTMENT 100-A WEST ROCK STREET FAYETTEVILLE, ARKANSAS 72701 (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701 PHONE: 479.587.3555 FAX: 479.587.3522 Aoolicant's Statement Reeardine Reasons for Rezonin We, Scott Ellis and Aaron Crawley, are the property owners and request the change in rezoning for the following reasons: As owners and developers, we would like to pursue the possibility of improving the property into a single-family neighborhood consisting of affordable housing, contiguous with the surrounding neighborhoods. The home situated on the property at present has been sold "to -be -moved" and will leave the acreage as a flat, clear and ideal piece of land for development considering its location and shape. The property is surrounded by RSF-7 zoning to the east and west (including the David Lyle Subdivision), and RMF-24 zoning to the southwest. All homes constructed are expected to be similar in size and appearance to the adjacent properties, with little or no negative effect on public services or traffic congestion due to the relatively small size of the property (approximately 18 lots). Development of the land is made possible by the accessibility of all necessary utilities being found either on, or nearby, the land. An 8" sewer line runs along the north, west and south edges of the property, while an 8" water line is situated along the course of Hwy 16, being the southern edge. Additionally, there is a 50' gas easement traversing the property from east -to -west. Our intentions for this six acres is to fully develop the land into approximately 18 lots for the construction of affordable housing for current, and future residents of Fayetteville. Present market conditions are such that, while the recent record -low interest rates have made larger homes more affordable for the average family, the increase in interest rates has highlighted the lack of new construction in the $150-200,000 price range. At present, the property is zoned RSF-4 and RSF-1. For us to be able to keep the lot -prices at an affordable level, we need the land to be rezoned to RSF-7. Our engineers are ready to submit to the Planning Department and we request this change to be made as soon as possible. Scott Ellis Aaron Crawley From: Clarice Pearman To: Pate, Jeremy Date: 4.21.06 3:30PM Subject: Ord, 4855, 4856, 4859, 4860 & 4861 Jeremy, Attached is a copy of the above ordinances passed by City Council, April 18, 2006. Have a good weekend. Thanks. Clarice CC: Audit; GIS L o ♦ e ins ri'i r NORTHWEST ARKANSAS EDITION) 1 L Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Maria Attaway, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: Ordinance 4859 Was inserted in the Regular Editions: April 26, 2006 Publication Charge: $160.97 ORDINANCE N `J AN ORDINANCE REZONING THAT PROPERTY Subscribed Thii1(j1ay Notary Publ Sharlene D. Williams Notary Public My Commission E3akt Arkansas My Commission Expires October 18, 2014 NMNOTE** Please do not pay from Invoice will be sent. RECFIVED APR 282006 CITY OF FAYETTEV" CITY CLERICS DESCRIBED IN 6G PETITION OC 0TED AT FOR HUNTSAPPROXIMATELY 6.03 ACRES LOCATED AT 4230 HUNTSVILLE ROAD, FROM RSF1; RESIDEN- TIALSINGLE FAMILY, I UNIT PER ACRE AND ASP- ARKANSAS 4. RESIDENTIAL SINGLE FAMILY. 4 UNITS PER ACRE TO RSF-7, RESIDENTIAL SINGLE FAMILY, 7 I' UNITS PER ACRE SUBJECT TO THE BILL OF ASSURANCE rP ti ,: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: r ' u-. `III l Section 1: That the zone classification of the following described property Is hereby changed as fol- lows: .aa t ... 411, i1) From RSF-1, Residential Single Family, 1 unit per acre and RSF-, Residential Single Family, 4 units per acre to RSF-7, Residential Single Family, 7 units per acre, as shown on Exhibit A' attached here- to and made a pan hamalf. -.q - .i rr Section 2: Thal the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section 1 above. , t IL! SF Section 3: The rezoning Is subject to the offered Bill of Assurance. .d PASSED and APPROVED this 18th day of April, 2006. r , APPROVED: ATTEST: . By: By: PAN COODY, Mayor SONDRA SMITH, City Clone EXHIBIT'A' Y, RZN 06-1949 A PART OF THE FRL NW 1/4 OF THE FRL NW 1/4 OF SECTION 19. TOWNSHIP 16 NORTH, RANGE 29 WEST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: _ BEGINNING ATA 112' REBAR LOCATED AT A POINT THAT IS 50242'13W 113.52 FEET FROM THE NORTHEAST CORNER OF THE FRL NW 1/4 OF THE FRL NW 114 OF SAID SECTION 19, AND RUN- NING THENCE SD°3243W 42.89 FEET TO A 1/2' REBAR LOCATED AT THE NORTHWEST CORNER OF THE DAVID LYLE VILLAGE SUBDIVISION PHASE II; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID SUBDIVISION THE FOLLOWING: S1°5627W 101.11 FEET, 52°1950W 74.99. S2004'03W 75.02. 53°17'l3W 74.99, 52%9'16W 75.W, S2°1110W 75.01, S2°3109W 75.16, 52°5955W 77.95, 553°4533'E 2.81 FEET TO A 1/7 REBAR LOCATED AT THE NORTHWEST COR- NER OF THE RIVER HILLS SUBDIVISION; THENCE S3°0813W 82.64 FEET ALONG THE WEST OF LINE OF SAID SUBDIVISION TO A 1/7 REBAR; THENCE LEAVING SAID WEST LINE AND RUN-. NING N87°2746W 254.04 FEET TO A 1/2' REBAR; THENCE S4°56'26W 104.98 FEET TO A 1/2' REBAR; THENCE N53°4150W 95.27 TO A 1/2' REBAR: THENCE N2°12'48'E 807.90 FEEr.TO A 1/2' REBAR; THENCE S87°21'20'E 337.93 FEET TO THE POINT OF BEGINNING. CONTAINING 6.03 ACRES. MORE OR LESS, CITY OF FAYETTEVILLE, WASHINGTON COUNTY ARKANSAS. SUBJECT TO THE 50 FOOT WIDE ARKANSAS WESTERN GAS TRANSMISSION LINE EASEMENT RUNNING SOUTHEASTERLY THROUGH THE SOUTH SIDE. THE 15 FOOT WIDE CITY OF FAYET- TEVILLE SEWER LINE EASEMENT RUNNING SOUTHEASTERLY THROUGH THE SOUTH SIDE A4D EASTERLY THROUGH THE NORTH SID&, THE ARKANSAS STATE HWY NO. 16 RIGHT.OF Y ALONG THE SOUTH LINE, AND ANY OTtt@H EASEMENTS AND OR RIGHT-OF-WAYS OF RECO .