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HomeMy WebLinkAboutOrdinance 4895 Doc 1 Recorded : 07%27920060atT11e3BR28 AM tt Fee Amt : $11 . 00 Pape 1 of 2 ! BettepStampepClrVuJRClerk F11e2006-00030449 ORDINANCE NO. 4895 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06-2021 , FOR APPROXIMATELY 7.5 ACRES, LOCATED EAST OF DOUBLE SPRINGS ROAD, NORTH OF DOT TIPTON 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. " , �.�``�RK/Tr?4/*f r�N% ri•'�\T Y pc sGp PASSED and APPROVED this 6th day of July, 2006. FAYETTEVILLE ' APPROVED: ATT ' EST: `z' S _ �vsy,pKANsp. Jam" "'Gfos huuuuu" By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk EXHIBIT "A" RZN 06-2021 THE SOUTH HALF (S 1 /2) OF THE SOUTH HALF (S 1 /2) OF THE NORTHEAST QUARTER (NE 1 /4) OF THE NORTHEAST QUARTER (NE 1 /4) OF SECTION 15, IN THOWNSHIP 16 NORTH OF RANGE 31 WEST OF THE FIFTH PRINCIPAL MERIDIAN, AND CONGTAINING TEN ( 10) ACRES, MORE OR LESS. LESS AND EXCEPT THE FOLLOWING ONE ( I ) ACRE TRACT, DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF SAID TEN ( 10) ACRE TRACT, AND RUNNING THENCE EAST 622.3 FEET, THENCE SOUTH 70 FEET, THENCE WEST 622.3 FEET, THENCE NORTH 70 FEET TO THE PLACE • OF BEGINNING, AND EXCEPT THE FOLLOWING ONE AND ONE-HALF (1 1 /2) ACRE TRACT, DESCRIBED AS COMMENCING. AT THE SOUTHWEST CONER OF SAID TEN (10) ACRE TRACT, THENCE NORTH 135 FEET, THENCE EAST 484 FEET, THENCE SOUTH 135 FEET, THENCE WEST 484 FEET TO THE POINT OF BEGINNING, AND LEAVING SEVEN AND ONE-HALF (7 1 /2) ACRES, MORE OR LESS. �_':°..,,-w: r'.�"-�t"�'..'"".._.�� ... ..,..--.`-'�`}�'F` � - tet;•^'' :. Washington County, AR I certify this instrument was filed on 07/2712006 11 :3829 AM and recorded in Real Estate File Number 2008-0003 4 9 Bette Stamps - Circ it le by . ALDERMAN AGENDA REORM Q fel-ex�y��l�( bG FOR: COUNCIL MEETING OF July 6, 2006 FROM: ALDERMAN SHIRLEY LUCAS ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Rezone The Property Described In RZN 06-2021 (Hays) APPROVED FOR AGENDA: Shirley LucaDate Alderman Jere a Date Director f t Planning L4A [L 6 Iff t Williams Date City Attorney (as to form) City Council Meeting of July 06, 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations `o From: Jeremy C. Pate, Director of Current Planning Date: June 27, 2006 Subject: Rezoning for Hays (RZN 06-2021 ) RECOMMENDATION The Planning Commission recommended approval of the subject rezoning request from R-A to RSF-4 on approximately 7.5 acres of property located east of Double Springs Road, north of Dot Tipton Road. BACKGROUND The subject property contains approximately 7.5 acres and is located on Double Springs Road, north of Dot Tipton Road. The property is bordered to the east and west by the city limits, with Silverthome Subdivision to the west and Legacy Point Phase 4 (under construction) to the east. Both of the adjacent developments are zoned RSF-4. A portion of the northern property line abuts property recently annexed into the City of Fayetteville and zoned RMF-6, subject to a Bill of Assurance. The applicant proposes a rezoning of the 7.5-acre property to RSF-4 in order to develop the property for a single-family subdivision. DISCUSSION This item was heard at the regular Planning Commission on June 26, 2006: The Planning Commission voted 9-0-0 to recommend approval of this rezoning request to the City Council. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06-2021 , O., R APPROXIMATELY 7.5 ACRES, LOCATEDia EAST OF DOUBLE SPRINGS ROAD, tN.ORTH OF DOT TIPTON ROAD, FR. O(vI "'R=A, RESIDENTIAL AGRICULTURA ,�,TO RS1N-4 RESIDENTIAL SINGLE-FAMILY; 4 UNITS PER' , ACRE. /` "y Age 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, Resident al Agrrcul[ur.'. ` to RSF-4, ResidefI\Single-Family; 4 units �'per acre, as shown on Obibit "A" attached hereto and made a ati part hhereof. Section,2: That I c official llzonmg;rhap of the City of Fayetteville, Arkansas is d 4o ref hereby amended=to reflect the oning chance pro ided in Section l above. JAI, PASSED and APPROVEDfthisday of _ 2006. APPROVED`' ATTEST: By: ., By: DAN COODY, Mayor SONDRA SMITH, City Clerk EXHIBIT "A" RZN 06-2021 THE SOUTH HALF (S '/2) OF THE SOUTH HALF (S 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE Y) OF SECTION 1S IN ,THOWNSHIP 16 NORTH OF RANGE 31 WEST OF THE FIFTH PRINCIPAL MERIDIAN, AND CONGTAINING TEN ( 10) ACRES, MORE OR LESS. LESS AND XCEPT THE FOLLOWING ONE ( 1 ) ACRE TRACT, DESCRIBED AS B1�GINNING AT THE NORTHWEST CORNER OF SAID TEN (10) ACRE TRA ND RUNNING THENCE EAST 622.3 FEET, THENCE SOUTH 70 FEET, THENCE`WEST 622.3 FEET, THENCE NORTH 70 FEET TO THE PLACE OF BEGINNIN�AND EXCEPT THE FOLLOWING ONE AND ONE-HALF ( 1 ''/Z) ACRE TRACT, DESCRIBED AS, COMMENCING� 'AT THE SOUTHWEST CONER OF SAID TEN (10) ACRE T ACT, TDNCE NORTH 35 FEET, THENCE EAST 484 FEET, THENCE SOUTH 135 FEET;THENCE WEST 484 FEET TO THE POINT OF BEGINNING, AND LEAVING SEVEN DONE-HALF (7 '/z) ACRES, MORE OR LESS. r' ., NWI 3 . A_ • �9{ C 6� _ 1 EyeIPC Meeting of June 26, 2006 125 W. Mountain St. THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: June 16, 2006 RZN 06-2021: Rezoning (HAYS, 474): Submitted by LANDTECH ENGINEERING on behalf of Joan Hays for property located on Double Springs Rd., N of Dot Tipton Rd. The property is zoned R-A, Residential Agricultural, and contains approximately 7.5 acres. The request is to rezone the subject property to RSF-4, Residential Single Family, 4 units per acre. Planner: Suzanne Morgan RECOMMENDATION: Staff recommends approval of the requested rezoning of the 7.5-acre tract from R-A to RSF-4. PLANNING COMMISSION ACTION: Required 'YES ® Approved O Denied Date:. June 226, 2006 " NakP . Cla �ti °°�rco d ► l w, v� k = -W O CITY COUNCIL ACTION: Required . YES O Approved O Denied Date: . July d8, 2006'(ls' reading tf recommended) ,._ . g. T . . BACKGROUND: On April 24, 2006, the Planning Commission tabled this rezoning request and the associated annexation request. The annexation of this property would have created a 1 -acre island of unincorporated property. Aware that the property owner to the north was in the process of requesting annexation through the County, staff recommended and the Planning Commission acted to table the proposed rezoning request until the annexation of this property and the adjacent I -acre tract could be considered simultaneously. Property description: The subject property contains approximately 7.5 acres and is located on Double Springs Road, north of Dot Tipton Road. The property is bordered to the east and west by the city limits, with Silverthome Subdivision to the west and Legacy Point Phase 4 (under construction) to the east. A portion of the northern property line abuts property recently annexed into the City of Fayetteville and zoned RMF-6, subject to a Bill of Assurance. K.IReportr12006WC Reporcr106-26-061RZN 06-202/ (Hays).doc 1 Proposal:. The applicant proposes a rezoning of the 7.5-acre property to RSF-4 for a single-family subdivision. 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, consistent with the adjacent developments. SURROUNDING LAND USE AND ZONING: ' Direction Land Use Zoning North Single family homes RMF-6 (with Bill of Assurance for single- family and 2-unit townhomes) Planning Area ANX 06-2127 South Rural Single family homes Planning Area East Vacant under construction RSF-4 West Silverthorne Subdivision RSF-4 INFRASTRUCTURE: INFRASTRUCTURE: Streets: The site has access to Double Springs Road. Double Springs Road is an unimproved two-lane paved roadway at this property. Improvements that may be required shall be evaluated by staff as development occurs. Adjacent Streets: West: Double Springs Road (Minor Arterial) Water: Public water is adjacent to the site. There is an 8" waterline along Double Springs Road. 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 not available on the site. There is an 8" sewer line located in the adjacent subdivision on the west side of Double Springs Road and to the north in the Legacy Point Subdivision. Improvements to the sewer system may be required dependent upon the demand placed by the development. Sewer service will need to be extended to the property at the time of development. Drainage: Standard improvements and requirements for drainage will be required for the development. Fire: These 7.5 acres are covered by Engine 7 located at 835 N Rupple Rd. The property is 3 . 1 miles from the station with an expected response time of 6 minutes. Measured hydrant flow in the area is 1465 gallons/minute. The Fire K..IReportr120061PC Reports106-26-06PZN 06-2021 (Hay).doc Department anticipates 7 (4 EMS — 3 Fire/Other) calls for service per year once the development is completed and maximum build-out has occurred. 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 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 compatible to the surrounding density of adjacent residential development and consistent with the surrounding land uses in the area. FINDINGS OF THE STAFF I . A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: The proposed RSF-4 zoning for a Single family residential use is compatible with adjacent and nearby single family residential land use. The General Plan designates this area for residential use, which is compatible with the proposed 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: It is expected that a rezoning from R-A to RSF-4 would create an increase in traffic compared with that allowed under the existing zoning. However, the property is situated near two Collector streets and adjacent to a Minor Arterial street. The existing and improved infrastructure will be able to accommodate a 7.5 acre development of 4 units per acre (a maximum 30 units; 300 vehicle trips per day). K.IRepor1d20061PC Reporu106-26-0ARZN 06-202/ (Ha)s)-doc, 1 1 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. Finding: The proposed zoning would increase population density. Under an R-A, Residential Agricultural designation, the 7:5-acre tract would allow for a maximum of 3 dwelling unit (1 unit / 2 acres). With the proposed RSF-4 designation, 30 dwelling units would be permitted, with a projected 66 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. Reporls12006PC Reports106-26-06WZN 06-2021 (HaX).doc 161.03 District R-A, Residential-Agricultural 161.07 District RSF-4, Residential Single- Family — Four Units Per Acre (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land (A) Purpose. The RSF4 Residential District is until an orderly transition to urban development designed to permit and encourage the development has been accomplished; prevent wasteful scattering of low density detached dwellings in suitable of development in rural areas; obtain economy of environments, as well as to protect existing public funds in the providing of public development of these types. improvements and services of orderly growth; conserve the tax base; provide opportunity for (13) Uses. affordable housing, increase scenic attractiveness; and conserve open space. (1) Permitted uses. (13) Uses. Unit 1 Ci -wide uses b ri ht 1 ) Permitted uses. Unit 8 Sin le-familydwelling Unit t City-wide uses by right Unit 3 Public protection and utility facilities Unit Agriculture Unit Animal husbandry Unit Single-family dwellings (2) Conditional uses. Unit Two-family dwellings Unit 37 Manufactured homes Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities 2 Conditional uses. Unit 4 Cultural and recreational facilities Unit 2 City-wide uses by conditional use permit Unit 9 Two-family dwellings Unit 4 Cultural and recreational facilities Unit 24 Home occupations Unit 20 Commercial recreation, large sites Unit 36 Wireless communications facilities Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. . . (C) Density. Single-family Two-family Units per acre One-half dwellings dwellings Units er acre 1 4 or less 7 or less D Bulk and area regulations. (D) Bulk and area regulations. Lot width minimum 200 ft. Lot Area Minimum: Residential: 2 acres Single-family Two-family Nonresidential: 2 acres dwellings dwellings Lot area per dwelling unit 2 acres _ Lot minimum width 70 ft. 80 ft. Lot area mum 8,000 sq. ft. 12 000 sq- ft. Land area per 8,000 sq. ft. 6,000 sq. ft. dwellin unit (E) Setback requirements. (E) Setback requirements. Front Side Rear ll 35 ft. 20 ft. 35 ft. Front Side Rear 25 ft. 8 ft. 20 ft. (F) Heigh! requirements. There shall be no maximum height limits in the A- 1 District, (F) Height. None. provided, however, that any building which exceeds the height of 15 feet shall be setback from (G) Building area. On any lot the area occupied any boundary line of any residential district a by all buildings shall not exceed 40% of the total distance of 1 .0 foot for each foot of height m area of such lot. excess of 15 feet. Such setbacks shall be measured from the required setback lines. (G) Building area. None. K. IReporu120061PC Reports106-26-06WEV 06-2021 (Ita)s).doc