HomeMy WebLinkAboutOrdinance 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
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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)
2. Legal description of property to be rezoned:
Part of the NE'/e of the SE %a 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.
6. The property to be re -zoned is owned by Jason and Amy Wales. The property was
annexed into the City of Fayetteville on February 7, 2006. There are no proposed or
pending property sales. The property needs to be re -zoned in order to be brought into
compliance with the City's zoning regulations. The property is about 1.43 acres in size.
There is a single family residence on the property that the applicants occupy. The
applicants believe the property is currently zoned RA. Re -zoning the property to RSF-4
would bring the property into compliance. Barrington Subdivision surrounds the subject
property on 3 sides. Barrington is zoned RSF-4. Re -zoning the subject property to RSF-
4 would be consistent with adjacent zoning and would not increase the amount of traffic.
The property has access to a 6" water line and 8" sewer line. The applicants do not intend
to split, divide or develop the property beyond the existing use as a single family
dwelling.
The proposed zoning is consistent with land use in the immediate vicinity. The proposed
zoning is needed in order for the property to comply with existing zoning requirements.
The proposed zoning will have no effect on traffic or congestion since the existing house
and occupants will not change due to a zoning change. The proposed zoning will not
alter the population. It would be impractical to leave the land zoned RA as it would
continue to be in violation of the zoning regulations.
EXHIBIT "A"
PROPERTY TO BE REZONED
ASS BMITTED BY THE APPLICANT
��� Applicant's Signature
I
RZN06-2050
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From: Clarice Pearman
To: Pate, Jeremy
Date: 6.15.06 3:55PM
Subject: Ords. 4875, 4877, 4878, 4881 thru 4886
Jeremy,
Attached are the ordinances the City Council passed June 6, 2006. Sorry it has taken this long. As you
know the mayor was out of town all last week and I finally got them back. Have a good day.
Thanks.
Clarice
CC: Audit; GIS
• ,.qtr. ; , t
NORTHWEST ARKANSAS EDITION
•
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Elizabeth Wax, 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 4886
Was inserted in the Regular Editions:
June 21, 2006
Publication Charge: $91.98
Subscribed an - worn to before me
ThiE)l day W 2006.
Notary Public i la s
Notary Public
State of Arkansas
My Commission�ssion Expires
r 18, 2014
ORDINANCE NO. 4886
AN ORDINANCE REZONING -THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 06-
250 FOR APPROXIMATELY 1.4 ACRES, LOCATED ye evl e AT 2055 NORTH FOX HUNTER ROAD, FROM fl -A,
I
RESIDENTIAL -AGRICULTURAL TO RSF-4, REST -ARKANSAS
DENTIAL 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 show
on Exhibi'A' attached hereto and made a pan hereof.
Section 2 That the official zoning map of the City of Fayetteville, Arkansas is hereby amended 10
reflect the zoning change provided in Section 1 oboe.
PASSED AND APPROVED this 6th day of April, 2006. , II
APPROVED: By. DAN COODY Mayor
ATTEST: By: SONORA SMITH, City Clerk
fiXN1ER "A"
• - RZN 062050 • PART OF THE NE 114 OF THE SE 1/4 OF SECTION 1,1-16-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 263,4 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. WASH-
INGTON COUNTY, ARKANSAS.
**NOTE*% Please do not pay from Affidavit.
Invoice will be sent.
RECEIVED
JUN 232006
CITY OF FAYETIFEVILLE
CITY CLERICS OFFICE