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Home My WebLink AboutOrdinance 4886 � � � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII k > Recorded : 0DOC ID : 6/30/20060atT11 : 04 : 40 Ary Fee Amt : $11 . 00 Pace 1 of 2 Washlnaton Countv . AR Bette Stamps Circuit Clerk Flle2006-00026530 I ORDINANCE NO. 4886 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06-2050 FOR APPROXIMATELY 1 .4 ACRES, LOCATED AT 2055 NORTH FOX HUNTER 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 6w day of June, 2006. ,• \SY p • eeG APPROVED: ATTEST: = ; FAYETTEVILLE ; %�s '9:91fANSQ�'Jam'•' By: LBy: , �AJ.] iirGTOS`l "„� DAN GOODY, ayor SONDRA SMITH, City Clerk EXHIBIT "A" RZN 06-2050 PART OF THE NE 1 / 4 OF THE SE 1 /4 OF SECTION 1, T-16-N, R-30-W, DESCRIBED AS FOLLOWS: BEGINNING 210 FEET SOUTH AND 58.2 FEET WEST OF THE NE CORNER OF SAID 40 ACRE TRACT (SAID POINT OF BEGINNING BEING THE CENTERLINE OF COUNTY ROAD NO. 75) AND RUNNING THENCE WEST 261 FEET; THENCE SOUTH 283.4 FEET; THENCE EAST 206 FEET TO THE CENTERLINE OF COUNTY ROAD NO. 75 THENCE NORTHERLY WITH THE CENTERLINE OF SAID ROAD TO THE PLACE OF BEGINNING, CONTAINING 1 .43 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. City of Fayetteville l�I/ Staff Review Form 7 City Council Agenda Items Off ocz)�� or hbA5Contracts 6-Jun-06 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: RZN 06-2050 (Wales, 373): Submitted by Jason and Amy Wales for property located at 2055 N. Fox Hunter Road, south of HWY 45. The property is zoned R-A, Residential Agriculture and contains approximately 1 .4 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 nla n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item O Budget Adjustment Attached q� Previous Ordinance or Resolution # n/a Department Dire for Date Original Contract Date: n/a Original Contract Number: n/a S- ! 6 - 06 City Attorney Received in Cit Clerk's ffice / � 664 Fin d Internal Service Director Received in Mayor's Office ENTERED J1 75 6 Mayor �ate Comments: r City Council Meeting of June 06, 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: May 11 , 2006 Subject: Rezoning for Wales (RZN 06-2050) RECOMMENDATION Planning Staff recommends approval of an ordinance rezoning approximately 1 .4 acres of property from R-A, Residential Agricultural, to RSF-4, Residential Single-family-4 units per acre. BACKGROUND The subject property contains approximately 1 .42-acres and is located at 2055 N. Fox Hunter Rd. , south of Highway 45. The property is contiguous to Barrington Park Subdivision on three sides. The subject property was annexed into the City of Fayetteville on February 6, 2006 by Ordinance #4828. Since the property was only annexed and not concurrently rezoned, the property has remained zoned R-A, Residential Agriculture. This is problematic for the property owner, since the property does not meet the minimum lot area requirement for the R-A zoning district. Therefore, the property owner is now requesting a rezoning to RSF-4, so that the property will be in compliance with bulk and area requirements. DISCUSSION This item was heard at the regular Planning Commission on May 8, 2006. There was no public comment. The Planning Commission voted 9-0-0 to forward this item to the City Council with a recommendation for approval. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06-2050 FOR APPROXIMATELY 1 .4 ACRES, LOCATED AT 2055 NORTH FOX HUNTER 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 thisday of 12006. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk 1 EXHIBIT "A" RZN 06-2050 PART OF THE NE '/4 OF THE SE '/4 OF SECTION I , T- 16-N, R-30-W, DESCRIBED AS FOLLOWS : BEGINNING 210 FEET SOUTH AND 58 .2 FEET WEST OF THE NE CORNER OF SAID 40 ACRE TRACT (SAID POINT OF BEGINNING BEING THE CENTERLINE OF COUNTY ROAD NO. 75) AND RUNNING THENCE WEST 261 FEET; THENCE SOUTH 283 .4 FEET; THENCE EAST 206 FEET TO THE CENTERLINE OF COUNTY ROAD NO. 75 THENCE NORTHERLY WITH THE CENTERLINE OF SAID ROAD TO THE PLACE OF BEGINNING, CONTAINING 1 .43 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. Taye I l e PC Meeting of May 8, 2006 ARKANSAS t. THE CITY OF FAYETFEVILLE, ARKANSAS 25 W. Mountain Fayetteville, AR 7270101 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Associate Planner THRU: Jeremy Pate, Director of Current Planning DATE: May 1 , 2006 RZN 06-2050: (WALES, 373): Submitted by JASON AND AMY WALES for property located at 2055 N FOX HUNTER RD. The property is zoned R-A, RESIDENTIAL AGRICULTURE and contains approximately l .43 acres. The request is to rezone the subject property to RSF-4, RESIDENTIAL SINGLE FAMILY — 4 UNITS/ACRE. Property Owner: JASON AND AMY WALES Planner: JESSE FULCHER RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report: PLANNING' COMMTSSION.ACTION "`k Itegtiired ��t��Y�S E �_ �- ' -` :,',;�. r E ° 4gForwarded ❑ Denied .r x l Dater May 8, 2006 ' Motion Myers _ E r r -W ' r Second Gives 9r0 0 : w+ t IF 4i. d ,.i",!_ ✓. (_ , 7 � 'T ''ti} t ='F . �[� 14 =,i AY . . .�y � � 4f a F � ., CCI X COUNCIIY>AGTION YFS . "tomL ` ifi ' , :£� �� O Approved, f7 DemedJa ' r Date s June 6 2006 (I E readmQ-if recommended) �a .,t �tt''*i tt.,'�Cj�t3� n.,..s.r.w q$.,, � A - _. z � : l ' , , -. �.;.F• y� �c{.y°a ,� :. lf" 4 _4e . 5 � rf�.a BACKGROUND: Property description and background: The subject property contains 1 .43-acres and is located at 2055 N. Fox Hunter Rd., south of HWY 45. The property is contiguous to Barrington Park Subdivision on three sides. The subject property was annexed into the City of Fayetteville on February 6, 2006 by Ordinance #4828. Since the property was only annexed and not concurrently rezoned, the property has remained zoned R-A, Residential Agriculture. This is problematic for the property owner, since the property does not meet the minimum lot area requirement for the R-A zoning district. Therefore, the property owner is now requesting a rezoning to RSF-4, so that the property will be in compliance with bulk and area requirements. 7 i Proposal: The applicant proposes rezoning the subject property to RSF-4, Residential Single- family, 4 Units per Acre. Recommendation: Staff recommends approval of the proposed rezoning based on the findings herein. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Single Family Home RSF-4, Res. Single Family — 4 units/acre South Single Family Home RSF-4, Res. Single Family — 4 units/acre East Single Family Home Planning Area West Single Family Home RSF-4, Res. Single Family — 4 units/acre INFRASTRUCTURE: Streets: The property has frontage on Fox Hunter Rd. and Buckley Dr. Nearby Master Street Plan Streets: North: Fox Hunter Rd. (Collector) East: Fox Hunter Rd. (Collector), West: N. Buckley Drive (Residential) Water: There is a 6" waterline along Fox Hunter Road, which serves the subject property. Sewer: Sanitary sewer is available on the site. There is an 8" sewer line that runs along the north 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. Street improvements that may be required shall be evaluated by staff as development occurs. Standard improvements that may be required shall be evaluated by staff as development occurs. Fire: The subject property is located approximately 2. 1 miles from the Fire Station 45 with a projected response time of 5.5 minutes. When the new Station 5 is put in service at Crossover Rd. and Old Wire Rd., the response time will increase to 6 minutes. 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. i LAND USE PLAN: General Plan 2020 identifies this site as 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. Barrington Park Subdivision which is zoned RSF4 surrounds three sides of the subject property. Rezoning the subject property will create a homogeneous zoning area. 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 for the property to be compliant with the City of Fayetteville's Unified Development Code. Nonconforming lots are subject to the limitations imposed by Chapter 164.12. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed rezoning should not appreciably increase traffic danger or congestion, given that the property contains only one single-family home. The property owner has stated that it is not the intent to further subdivide the property. However, staff finds that if the applicant is able to further subdivide the property for the construction of additional single-family homes, the additional traffic would not appreciably increase traffic danger or congestion. 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 should not increase population density. There is an existing owner-occupied home on the property that was recently constructed by the applicant. Should the applicant be able to further subdivide the property for additional single-family homes, the result would be a negligible impact on public services and the overall population density. 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 � 1 161.03 District R-A, Residential-Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. ( 1 ) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utilityfacilities Unit 6 Agriculture Unit 7 Animal husbandry Unit Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes (2) Conditional uses. Unit 2 Ci -wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 20 Commercial reaeation, large sites Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. ' )fit`s'"eraor a-nai (D) Bulk and area regulations. Lot width minimum 200 ft. 'ot Area.Julirnmum] Resident I' e Nonresldentlal 'a`•acrixe Lot area per dwelling unit 2 acres (E) Setback requirements. Front Side Rear 35 ft. 1 20 ft. 35 fL (F) Height requirements. There shall be no maximum height limits in the A- 1 District, provided, however, that any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a distance of 1 .0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required setback lines. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ortd. No. 1747; 6-29-70; Code 1991, § 160.030; Ord No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) 161.07 District Rsf4, Residential Single-Family — Four Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1 ) Permitted uses. 11 Unit 1 Ci -wide uses b right Unit6 Sin le-famil dwelling (2) Conditional uses. Unit 2 Ci -wide uses by conditional use pennit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family Two-family dwellin s dwellings 11 ' riitSROP ae I porlesd I Yrbrje';§ (D) Bulk and area regulations. Single-family Two-family dwellings dwellings Lot minimum width 70 fL - 80 ft. otalraaninim_uni -T3 QQQ__ aLl 12,000 sq. h. Land area per 8,000 sq. ft. 6,000 sq. ft. dwellin unit (E) Setback requirements. Front Side Rear ' 11 25 ft. 8 A. 20 ft. (F) Height. None. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991 , § 160.031 ; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99)