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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. " ,
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PASSED and APPROVED this 6th day of July, 2006.
FAYETTEVILLE '
APPROVED: ATT '
EST: `z' S
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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.
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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
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by .
ALDERMAN AGENDA REORM
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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' .,
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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