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Home My WebLink AboutOrdinance 4868 f IIIIIIIIIIIIIIIIIIIIII VIIIIIIIIIIIIIIIIIIIIIII VIII VIII IIIIIIIIIIIIIIIIIIII i ' Doc ID : 009992770002 Tvice : REL Recorded : 05/23/2006 at 11 : 25 : 10 AM Fee Amt : $11 . 00 Pace 1 of 2 ; Washlnaton Countv . AR Bette Flle200600020803i! ORDINANCE NO. 4868 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06-2007, FOR APPROXIMATELY 3 .38 ACRES LOCATED EAST OF TOWNSHIP STREET, 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. 1,,,,,,,,,,? KITR�lftt. c`soQ) S �Ao PASSED and APPROVED this 2nd day of May, 2006. Ev FAYETTEVILLE • APPROVED: ATTEST: C y P ; A` sy R"v 00 NS • J By: By: DAN COODY, Mayor S NDRA SMITH, City Clerk EXHIBIT "A" RZN 06-2007 A PART OF THE SE 1 /4 OF THE SE 1 /4 OF SECTION 31 , TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SE CORNER OF LOT 150 OF COVINGTON PARK PHASE 4 SUBDIVISION THENCE N00002'58"W 344.65 FEET, THENCE S90000'00"E 423 .71 FEET, THENCE S0101615911E 344.91 FEET, THENCE N89058'35 "W 431 . 14 FEET TO THE POINT OF BEGINNING, CONTAING 147,346.79 SQUARE FEET OR 3 .3826 ACRES MORE OR LESS, AND SUBJECT TO ALL RIGHTS-OF-WAYS, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACTS. Washington County, AR I certify this instrument was filed on 05/23/2006 11 :25: 10 AM and recorded in Real Estate } File Number 2006-000208 Bette Stamps - Circuit Clerk by 5It (g16 City of Fayetteville � g Staff Review Form y� City Council Agenda Items or r1 Contracts 2-May-06 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required : RZN 06-2007 (Brown, 295): Submitted by Bill Watkins for property located east of Township Street. The property is zoned R-A, Residential Agricultural, and contains approximately 3.38 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 Category Name n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached O 1, 1 O Previous Ordinance or Resolution # n/a Department ;rector "Date Original Contract Date: n/a Original Contract Number: n/a � �ry - aG Cit orney Received in Cit lerk'sffice FJ O6 iH Finance and Internal Service Director Date Received in Mayor's Office EgTQiEO Mayor Date Comments: City Council Meeting of May 02, 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: April 13, 2006 Subject: Rezoning for Brown (RZN 06-2007) RECOMMENDATION The Planning Commission recommends approval of rezoning the subject 3.38-acre property from R-A to RSF-4. This action would allow the development of a maximum 13 single-family dwellings on the subject property. BACKGROUND The property contains approximately 3 .38 acres. It is located within the Planning Area and currently undeveloped. The property is adjacent to the City of Fayetteville along its northern and western property lines. Surrounding developments include Covington Park Subdivision. 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. DISCUSSION This item was heard at the regular Planning Commission on April 10, 2006. The Planning Commission voted 8-0-0 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 06-20072 FOR APPROXIMATELY 3 .38 ACRES LOCATED EAST OF TOWNSHIP STREET, 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 I above. PASSED and APPROVED this—day of � 2006. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk EXHHBIT "A" R7N 06-2007 A PART OF THE SE ''/< OF THESE V4 OF SECTION 31 , TOWNSHIP 17 NORTH , RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS : BEGINNING AT THE SE CORNER OF LOT 150 OF COVINGTON PARK PHASE 4 SUBDIVISION THENCE N00002'58"W 344.65 FEET, THENCE S90000'00"E 423 .71 FEET, THENCE S01016'5911E 344.91 FEET, THENCE N89058135 "W 431 . 14 FEET TO THE POINT OF BEGINNING, CONTAING 147,346.79 SQUARE FEET OR 3 .3826 ACRES MORE OR LESS, AND SUBJECT TO ALL RIGHTS-OF-WAYS, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACTS. 1 Taye PC Meeting of April 10, 2006 AN'KA NSAS St- THE CITY OF I,AYETTEVILLE, ARKANSAS 125 Mountain . Fayetteevv Mountain AR 7270101 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM : Suzanne Morgan, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: April 4, 2006 RZN 06-2007: Rezoning (BROWN, 295): Submitted by BILL WATKINS for property located at the EAST END OF TOWNSHIP STREET. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 3 .38 acres. The request is to rezone the subject property to RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE. Owner: Joshua T. Brown Planner: SUZANNE MORGAN RECOMMENDATION : Staff recommends approval of the requested rezoning based on the findings herein. PLANNING_COMMISSION 'ACTION `keg6ired * YES � w _ _ , Date Aurilkl0 2006 T ' }-y K4 's$ xix ;;aKlr xq#✓» YMaa ;A y5� �r' :r� . CTTY C DUNCIL ACTION OAppro� ed ODemcd • Date 141AV 02;2006`(1 rread►nQ �f recommended) BACKGROUND: Property description: The subject property contains approximately 3 .38 acres. The property is located at the terminus of Township Street within the Covington Park Subdivision. Right-of-way for this cul-de-sac street is stubbed-out to the property line and provides access to a 14-acre tract of property, of which this 3 .38 acres is a part. The property owner also owns an 11 -acre tract extending north of Mission Blvd and adjoining the overall 14-acre tract of property. Proposal. The applicant proposes the annexation of 3 .38 acres for the development of single-family residential lots (approximately 8 lots proposed). The development of this property will allow the extension of Township Street, not only to this property but also to the adjoining undeveloped property. Therefore, the applicant requests the rezoning of this 3 .38 acres from R-A, Residential Agricultural, to RSF-4, Residential Single-Family, 4 Units per Acre, should the preceding annexation request be approved. K:IReportsl2006tPCRelvraIO4-10-061PZNO(-2007 (Brown)-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 .38 acres to RSF-4, Residential Single Family, 4 Units per Acre. The annexation request, ANX 06-2006, 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 (Covington Park SD) RSF-4, Res. Sin le-Famil — 4 units/acre South Single family home on a large lot Planning Area East Vacant fields Planning Area West Single family homes (Covington Park SD) RSF-4, Res. Single-Family — 4 units/acre INFRASTRUCTURE: Streets: The site has access to Township Street. Township is an improved roadway from this site west to Highway 265. Improvements that may be required shall be evaluated by staff as development occurs. Surrounding Master Street Plan Streets: West: Township Street (Local ; 60' Right-of-Way) Water: Public water is adjacent to the site. There is an 8" waterline stubbed out to the site on the west side of the property. A study of the water system may be required by the Engineering Division at the time of development. Improvements to the water system may be required dependent upon the demand placed by the future development. Water service will need to be extended within the property at the time of development. Sewer: Sanitary sewer is available on the site. There is an 8" sewer line stubbed out to the site on the west side of the property. Improvements to the sewer system may be required dependent upon the demand placed by the development. Sewer service will need to be extended within the property at the time of development. Drainage: Standard improvements and requirements for drainage will be required for the development. Fire: • These 3 .3 acres are covered by Engine 5 located at 833 N Crossover. • The property is 2.4 miles from the station with an anticipated response time of 5 K:(Reports t2006V'C ReporisIO4-10-06IR7N 06-2007 (Brown).doc minutes. When the new Station 5 opens at Old Wire and Crossover, the travel distance will be reduced to 1 .6 miles and the response time will be reduced to 4 minutes The Fire Department anticipates 3 (2 EMS — 1 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 1320 gallons/minute. The service impact of this development will typically take eighteen months after the development has begun, when the units begin to be occupied. 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 this annexation 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 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. 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: 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- 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 Township Street. The right-of-way for this street was platted such that it could be extended further K:IReporisl20061PC Reports104-10-061RZN 06-2007 (Braun)-doe to the west. Township Street has direct access to Crossover Road, designated a Principal Arterial. 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 3.38-acre tract would allow for a maximum of I dwelling unit (1 unit / 2 acres). With the proposed RSF-4 designation, 13 dwelling units would be permitted, with a projected 30 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.IReporaI20061PC Repor(s104-J0-06Vt7N 06-2007 (Bromn).doc 161 .03 District R-A, Residential-Agricultural 161 .07 District RSFA Residential Single- (A) Purposes. The regulations of the agricultural Family — Four Units Per Acre district are designed to protect agricultural land (A) Purpose. The RSF-4 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 (13) Uses. affordable housing, increase scenic attractiveness; and conserve open space. ( 1 ) Permitted uses. (B) Uses. Unit 1 Ci -wide uses b ri ht FNN37 rmitted uses. Unit 8 Sin le-famil dwelling City-wide uses Mings right Public protection utility Agriculture Animal husband Single-family dw (2) Conditional uses. Two-famil dwel Manufactured homes Unit 2 Ci -wide uses by conditional use ennit Unit 3 Public protection and utili facilities 2 Conditional uses. Unit 4 Cultural and recreational facilities Unit 2 citpwide uses by conditional useermit Unit 9 Two-famil dwellin s Unit 4 Cultural and recreational facilities Unit 24 Home occupations Unit 20 Commercial recreation, large sites Unit 36 Wireless communications facilities Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. C Density. Single-family Two-family Units eracre One-half dwellin s dwellings Units er acre 4 or less 7 or less D Bulk and area regulations. Lot width minimum 200 k. (D) Bulk and area regulations. Lot Area Minimum: Residential: 2 acres Single-family Two-family Nonresidential: 2 acres dwellin s dwellin s Lot area per dwellingunit 2 acres Lot minimum width 70 k. 80 k. Lot area minimum 8,000 sq. k. 12,000 Land area per 8,000 sq. k. 6,000 sq. ft. (E) Setback requirements. dwellin unit (E) Setback requirements. Front Side Rear 35 ft. 20 k. 35 ft. Front Side Rear 25 k. 8 k. 20 k. (F) Height requirements. There shall be no maximum height limits in the A- 1 District; provided, however, that any building which (F) Height. None. exceeds the height of 15 feet shall be setback from any boundary line of any residential district a (G) Building area. any lot the area occupied distance of 1 .0 foot for each foot of height in by all buildings shalll not exceed 40°U of the total area of such lot. excess of 15 feet. Such setbacks shall be measured from the required setback lines. (G) Building area. None. KAReporaI2006PC Reporfs104-10-061RZN 06-2007 (Bromn).doc Q `imriFayetteville Fire ' w S? f,, Department MEMO To: Suzanne Morgan, Andrew Garner, Jeremy Pate, and Jesse Fulcher Thru: Chief Tony Johnson From: Captain Dale Riggins Date: April 3, 2006 Re: April 3, 2006 Zoning Review — Fire Department Comments ANX06-2006 RZN06-2007 (Brown, 295) These 3.3 acres are covered by Engine 5 located at 833 N Crossover. The property is 2.4 miles from the station with an anticipated response time of 5 minutes. When the new Station 5 opens at Old Wire and Crossover, the travel distance will be - reduced to 1 .6 miles and the response time will be reduced to 4 minutes The Fire Department anticipates 3 (2 EMS — 1 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 1320 gallons/minute. The service impact of this development will typically take eighteen months alter 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. Please feel free to contact me if you have any questions 1Dafe Riggins Dale Riggins Fayetteville Fire Department