HomeMy WebLinkAboutOrdinance 4903 Doc 1D : 0592000
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at 03 : 26 : 24 PM
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MashlnC County . AR
Bette Stemos Circuit Clerk
Fi1a2006-00034953
ORDINANCE NO. 4903
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 06-2126, FOR
APPROXIMATELY 60.20 ACRES, LOCATED NORTH OF
WEDINGTON DRIVE, AT THE END OF 59TH, 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" and map labeled Exhibit `B"
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. RyC%TRp Sj
G\SY OF. Gp
PASSED and APPROVED this 15t day of August, 2006. U; FAYEI7EVILLE;�
APPROVED: ATTEST: 'v '
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By: By:
DAN COODY, May SONDRA SMITH, City Clerk
EXHIBTT "A"
RZN 06-2126
ALL OF THE NW 1 /4 OF THE NW 1 /4 AND PART OF THE SW 1 /4 OF THE NW 1 /4 OF
SECTION 11 , T16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING
DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID NW 1 /4, NW
1/4 THENCE S00058101 "W 2496.08 FEET, THENCE N89°0155851W 139.94 FEET, THENCE
S00058 '02"W 93 .91 FEET, THENCE N89005 '25"W 299.94 FEET, THENCE N01006' 10"E
801 .05 FEET, THENCE N89612156"W 219.98 FEET, THENCE N00639109W 98.92 FEET,
THENCE N88057' 18"W 660.01 FEET, THENCE N0100395151E 1673.92 FEET, THENCE
S89044'21 "E 1318.03 FEET TO THE P.O.B.; CONTAINING 60.22 ACRES MORE OR LESS
SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD.
EXHIBIT "
RZN06-2126 DUNNERSTOCKIFOSTER
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City of Fayetteville f lI fob
Staff Review Form 'r/ a3
City Council Agenda Items �N oG —A 1A1
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Contracts „ II u /
18-Jul-06
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
RZN 06-2126 (Dunnerstock/Foster, 397): Submitted by James McCord for property located north of Wedington Drive, at the
end of 59th Avenue. The property is in the Planning Area contains approximately 60.20 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
$ --7—d I
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # nla
D'ep4riment Director Date Original Contract Date: n/a
Original Contract Number: n/a
City Attorney
Received in Citi Clerk's ce
�� . ENTERED
Financb and Internal Service Dir or
Received in Mayor's Office
62Z
Mayor
Comments:
City Council Meeting of July 18, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations s
From: Jeremy C. Pate, Director of Current Planningo'
Date: June 29, 2006
Subject: Rezoning for Dunnerstock/Foster (RZN 06-2126)
RECOMMENDATION
The Planning Commission recommended approval of the subject rezoning request from
R-A to RSF-4 on approximately 60.20 acres of property located located at 59` Avenue,
north of Wedington.
BACKGROUND
The subject property contains approximately 60.20 acres and is located north of
Wedington Drive. The Master Street Plan designates 59'h Avenue as a collector street,
which if constructed, would traverse north through the subject property. The Heritage
Village Subdivision is located adjacent to the east property line, with an existing stub-out
that intersects the subject property. The property to the west is largely undeveloped with
large lot single-family homes and farmland.
DISCUSSION
This item was heard at the regular Planning Commission on June 26, 2006. The Planning
Commission voted 7- 1 -0 to recommend approval of this rezoning request to the City
Council, with Commissioner Ostner voting no.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 06-21261 FOR
APPROXIMATELY 60.20 ACRES, LOCATED
NORTH OF WEDINGTON DRIVE, AT THE END
OF 59TH , 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" and map labeled Exhibit `B"
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_day of J 2006.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
z.
EXHIBIT "A"
RZN 06-2126
ALL OF THE NW '/ OF THE NW % AND PART OF THE SW % 'OF THE NW '/< OF
SECTION 11 , Ti 6N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING
DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID NW %, NW /4
THENCE S00058 '01 "W 2496.08 FEET, THENCE N89001 ' 587'W 139.94 FEET, THENCE
S00058'02"W 93 .91 FEET, THENCE N89005'25"W 299.94 FEET, THENCE NOI 006' 10"E
801 .05 FEET, THENCE N89012 ' 56"W 219.98 FEET, THENCE N00039'09"W 98.92 FEET,
THENCE N88057 ' 1 8"W 660.01 FEET, THENCE NO1 "03 '51 "E 1673.92 FEET, THENCE
S89044' 21 "E 1318.03 FEET TO THE P.O.B. ; CONTAINING 60.22 ACRES MORE OR LESS
SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD.
EXHIBIT " B "
RZN06-2126 DUNNERSTOCK/ FOSTER
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Overview Legend Boundary
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��� PC Meeting of June 26, 2006
ARKANSAS
t.
THE CITY OF FAYE7TEVILLE, ARKANSAS 125 W. Mountain
Fayetteville, AR 7270101
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: June 20, 2006
RZN 06-2126: (DUNNERSTOCK/FOSTER, 397): Submitted by JAMES MCCORD for
property located at N OF WEDINGTON DRIVE, AT THE END OF 59TH. The property is in the
Planning Area and contains approximately 60.20 acres. The request is to rezone the subject
property to RSF-4, Residential Single Family, 4 units per acre.
Planner: Jesse Fulcher
RECOMMENDATION :
Staff recommends approval of the requested rezoning based on the findings herein.
PLANNING COMMISSION ACTION. Required'P •YfKS4° w'
< ,F Forwarded O Denied
Da` a Juue26. 2006
CITY,
ITY COUNCIL ACTION r Required YES `,
7 Ty 4 "_ • (l Approved ,
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Dale July 1812006 (.1 •readiu: If recommended) est I tt `I" a ' ' " '
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BACKGROUND:
Property description & Proposal: The subject property contains approximately 60.20 acres and
is located north of Wedington Drive. The Master Street Plan designates 591h Avenue as a
collector street, which if constructed, would traverse north through the subject property. The
Heritage Village Subdivision is located adjacent to the east property line, with an existing stub-
out that intersects the subject property. The property to the west is largely undeveloped with
large lot single-family homes and farmland.
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
request to rezone the 60.20 acres to RSF-4, Residential Single Family, 4 Units per Acre. The
annexation request, ANX 06-2125, is an accompanying item to this rezoning request.
K:IRepora 120061PC Repo?is106-16-06WN 06-2126 (Dunnerstock_Foster).doc -
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 on Inge lots Planning Area
South Single family homes on large lots R-A, Residential Agriculture
East Heritage Village Subdivision RT- 12, Residential Two and Three Family
West Single family homes on large lots Planning Area
INFRASTRUCTURE:
Streets: The site has access to Wedington Drive, Fountain Street and Wh Avenue.
Improvements will be required to surrounding streets which includes off-site
improvements. An evaluation will be made by staff' at the time of preliminary plat
or large scale development.
Water: Public water is near to the site. A study of the water system shall be conducted by
the developer. Substantial improvements to the water system may be required
which includes off-site improvements. An evaluation will be made by staff at the
time of preliminary plat or large scale development.
Sewer: Sanitary sewer is near to the site. Substantial improvements to the sewer system
may be required which includes off-site improvements. This development will be
within the sewer assessment area. An evaluation will be made by staff at the time
of preliminary plat or large scale development. A study of the downstream system
shall be conducted by the developer.
Drainage: Standard improvements and requirements for drainage will be required for the
development.
Fire:
The 60.20 acres are covered by Engine 7 located at 835 Rupple Road.
It is 1 .8 miles from the station with an expected response time of 4 minutes.
The Fire Department anticipates 55 (33 EMS — 22 Fire/Other) calls for service per
year once the development is completed and maximum build-out has occurred.
There are no recorded measured hydrant flows for this area.
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 rezoning will not
substantially alter the population density and thereby undesirably increase the load
K:lRepot al20061PC Re.poi-tsIO6-26-06IR7_Ar 06-2/26 (Dunnerstock_Foster).doc
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
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, R-A and RT-12.
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 all adjacent streets.
Wedington Drive, a Principal Arterial on the MSP adjoins the southern
boundary of the property. 59t" Avenue would be extended to the north with
development and Fountain Street to the east would be extended to serve
future development. These existing street connections and the ability for 59'h
Avenue, which could eventually connect to Jess Anderson Road (a collector
street), will aid in the movement of traffic generated by this subdivision.
Additional stub-outs shall be provided with development of the subject
property, which will allow traffic to disperse in an efficient manner and
lessen any negative affects from the addition of vehicular traffic in this area.
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
K:IReporn12006U'C Reporns106-26-061R7_N 06-2126 (Dunnerswck_Fosrer).doc
sewer facilities.
Finding: The proposed zoning would increase population density. Under an R-A;
Residential Agricultural designation, the 60.20-acre tract would allow for a
maximum of 30 dwelling unit (1 unit / 2 acres). With the proposed RSF-4
designation, 240 dwelling units would be permitted 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.1Reports120061PC Repora106-26-06V?ZN 06-2/26 (Dunnerstock_Foster).doc