HomeMy WebLinkAboutOrdinance 4926 ♦ IIIImII II
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Recorded : 010/10/20050atr09e57RIS AM
Fee Amt : $13 . 00 Page 3 of 2
Washington County , AR
Bette Stamos Circuit Clerk
File2006-00041621
ORDINANCE NO, 4926
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 06-2184 FOR
APPROXIMATELY 20 ACRES, A PART OF LIERLY LANE
SUBDIVISION LOCATED SOUTH OF LIERLY LANE 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.
,` �� R�T'R,E9��'''�,
PASSED and APPROVED this 19ffi day of September, 2006. ,h :
FAYETTEVILLE ;
APPROVED: ATTEST: =s 9Rk sP �,'
SAA 'ee�''S.V/1 0 a 0 a G�J��.
By: By:
DAN COODY, Mayor ONDRA SMITH, City Clerk
it
EXHIBIT "A"
BZN 06-2184
PART OF THE SOUTHWEST 1 /4 OF THE NORTHEAST 1/4 AND PART OF THE
NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31 , TOWNSHIP 17 NORTH,
RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID SW
1 /4 OF THE NE 1/4; THENCE S02°22'20"W 31 .51 FEET TO A FOUND IRON PIN AND
THE POINT OF BEGINNING; THENCE S87°33'23"E 85 .02 FEET; THENCE NO2°33 '29"E
31 .70 FEET; THENCE S87°40'49"E 258.04 FEET; THENCE S87°38 ' 53"E 308.06 FEET;
THENCE S02023 ' 57"W 1538.07 FEET; THENCE N87°36'49"W 653 .30 FEET; THENCE
NO3005 ' 59"E 220.99 FEET; THENCE NO2°22 '20"E 1285 .00 FEET TO THE POINT OF
BEGINNING, CONTAINING 22.92 ACRES, MORE OR LESS, BEING SUBJECT TO ANY
EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
LESS AND EXCEPT:
A PART OF LOT 3 OF TRACT "B" AS SHOWN ON A LOT SPLIT RECORDED AS
DOCUMENT NUMBER 2003- 17759, BEING PART OF THE SWIA OF THE NEIA AND
PART OF THE NW1 /4 OF THE SEI /4 OF SECTION 31 , T- 17-N, R-30-W, WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A FOUND IRON PIN AT THE CORNER OF SAID SWIA OF THE
NEI /4, THENCE S02022120" W, 31 .51 FEET TO A FOUND IRON PIN AT THE NW
CORNER OF SAID LOT 3 AND THE POINT OF BEGINNING; THENCE S87°33 '23" E,
85.02 FEET TO A FOUND IRON PIN; THENCE S02° 19' 55" W, 1285 .02 FEET TO A FOUND
IRON PIN; THENCE S03 °09' 15" W, 220.89 FEET TO A FOUND IRON PIN; THENCE
N87°36'49" W, 85 .71 FEET TO A FOUND IRON PIN; THENCE NO3 °05'59" E, 220.99 FEET
TO A FOUND STONE; THENCE NO2°22'20" E, 1285 .00 FEET TO THE POINT OF
BEGINNING, CONTAINING 2.96 ACRES, MORE OR LESS, BEING SUBJECT TO ANY
EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
Washington County, AR
I certify this instrument was filed on
10/10/2006 09:57:25 AM
} and recorded in Real Estate i
I File Number 2006-00041821
Bette Stamps - Circuit Cl I
i
by
City of Fayetteville
Staff Review Form
City Council Agenda Itemsor
Contracts �ZA1 66 d)K
5-Sep-06 La)4 j2�
�pp City Council Meeting Date
Jeremy Pate x` Planning Operations
Submitted By Division Department
Action Required:
RZN 06-2184: (Lierly Lane Subdivision, 244): Submitted by Blind Squirrel, LLC for a part of Lierly Lane Subdivision located
south of Lierly Lane. The property is zoned R-A, Residential-Agricultural, and contains approximately 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
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Department birector Date Original Contract Date: n/a
Original Contract Number: n/a
Ci orney
Received in Cit Cle JM's O ice
Finance and Internal Service Director Date
Received in Mayor's Office
Mayor Date
Comments:
l�Ff an
City Council Meeting of September 05, 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: August 17, 2006
Subject: Rezoning for Lierly Lane Subdivision (RZN 06-2184)
RECOMMENDATION
The Planning Commission recommended approval of the subject rezoning request from
R-A to RSF-4 on approximately 20 acres of property located south of Lierly Lane north
of Clabber Creek Subdivision Phases 3-5 .
BACKGROUND
On July 11 , 2005, the Planning Commission approved the development of 57 buildable
lots. The plan reviewed by the City Council on April 18, 2006 represented 59 buildable
lots. Of these lots, the applicant intends to develop 43 lots with single family homes and
16 lots with duplexes. The City Council accepted, as part of the resolution to extend
sewer, an agreement stipulating that if the property is rezoned, de facto conditional uses
allowing each of the duplex lots will be recognized. For each duplex to be conforming
structures, a conditional use permit is required to be issued by the Planning Commission.
Additionally, the lots will be modified to meet the bulk and area regulations for two-
family lots within the RSF-4 zoning district at the time of final plat.
All surrounding properties are within the Planning Area and consist of large single family
properties to the north, west, and east, with the exception to the south, which is within the
City of Fayetteville municipal limits. Clabber Creek Phases 3-5 is an approved
subdivision to the south, with which this subdivision is coordinating a street connection.
DISCUSSION
This item was heard at the regular Planning Commission on August 14, 2006. The
Planning Commission voted 8-1 -0 to recommend approval of this rezoning request to the
City Council, with Commissioner Myers voting no.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 06-2184 FOR
APPROXIMATELY 20 ACRES, A PART OF
LIERLY LANE SUBDIVISION LOCATED
SOUTH OF LIERLY LANE 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 I above.
PASSED and APPROVED this—day of J 2006.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 06-2184
PART OF THE SOUTHWEST '/< OF THE NORTHEAST '/ AND PART
OF THE NORTHWEST '/< OF THE SOUTHEAST '/< OF SECTION 31 ,
TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST
CORNER OF SAID SW '/< OF THE NE '/; THENCE S02°22 '20"W
31 .51 FEET TO A FOUND IRON PIN AND THE POINT OF
BEGINNING; THENCE S87°33 '23"E 85 .02 FEET; THENCE
NO2033129"E 31 .70 FEET; THENCE S87°40'49"E 258 .04 FEET;
THENCE S87038 ' 53"E 308.06 FEET; THENCE S02°23 ' 577'W 1538.07
FEET; THENCE N87°36149"W 653 .30 FEET; THENCE NO3°05 ' 59"E
220.99 FEET; THENCE NO2°22 '20"E 1285 .00 FEET TO THE POINT
OF BEGINNING, CONTAINING 22.92 ACRES, MORE OR LESS,
BEING SUBJECT TO ANY EASEMENTS, COVENANTS OR
RESTRICTIONS OF RECORD OR FACT.
LESS AND EXCEPT:
A PART OF LOT 3 OF TRACT "B" AS SHOWN ON A LOT SPLIT
RECORDED AS DOCUMENT NUMBER 2003- 17759, BEING PART
OF THE SW '/ OF THE NE '/< AND PART OF THE NW Y OF THE SE %
OF SECTION 31 , T- 17-N, R-30-W, WASHINGTON COUNTY,
ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
COMMENCING AT A FOUND IRON PIN AT THE CORNER OF SAID
SW'/ OF THE NE %, THENCE 502022120" W, 31 .51 FEET TO A
FOUND IRON PIN AT THE NW CORNER OF SAID LOT 3 AND THE
POINT OF BEGINNING; THENCE S87°33 '23" E, 85 .02 FEET TO A
FOUND IRON PIN; THENCE S02° 19' 55" W, 1285.02 FEET TO A
FOUND IRON PIN; THENCE S03 °09' 15" W, 220.89 FEET TO A
FOUND IRON PIN; THENCE N87°36149" W, 85. 71 FEET TO A
FOUND IRON PIN; THENCE NO3 °05 ' 59" E, 220.99 FEET TO A
FOUND STONE; THENCE NO2`22 ' 20" E, 1285 .00 FEET TO THE
POINT OF BEGINNING, CONTAINING 2.96 ACRES, MORE OR
LESS, BEING SUBJECT TO ANY EASEMENTS, COVENANTS OR
RESTRICTIONS OF RECORD OR FACT.
a /yv e to le PC Meeting of August 14, 2006
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: August 9, 2006
RZN 06-2184: (LIERLY LANE S/D, 244): Submitted by BLIND SQUIRREL, LLC for
property located at LIERLY LANE SUBDIVISION, south of Lierly Lane. The property is zoned
R-A, RESIDENTIAL AGRICULTURAL, and contains approximately 20 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 20-acre tract in to the City of
Fayetteville.
PLANNING .COMMISSION ACTION: Required YES
O Approved O Denied
Date: August 14, 2006 Motion:Cnwrn Second: weL Vote:
1 Ks
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: September 05, 2006 (1" reading .if recommended)
BACKGROUND:
Property description: The subject property is located within the city's Planning Area on Lierly Lane,
north of Clabber Creek Subdivision Phases 3-5. Approximately 85' along the west property line is
within the City of Fayetteville, though the rest is in the Planning Area. Access and existing frontage
is onto Lierly Lane, currently an unimproved street that connects to Hughmount Road.
History: On July 11 , 2005, the Planning Commission approved the development of 57 buildable
lots. The latest plans reviewed by the City Council represented 59 buildable lots. The addition of
lots requires Planning Commission approval, prior to the approval of the final plat. Of the 59
proposed lots, the applicant intends to develop 43 lots with single family homes and 16 lots with
duplexes. The City Council accepted, as part of the resolution to extend sewer, an agreement
stipulating that if the property is rezoned, de facto conditional uses allowing each of the duplex lots
K:IReporirf2006PC Repor[x108-14-06RZV 06-1/84 (Lurly Lane Suhdivision).doc
I
will be recognized. Additionally, the lots will be modified to meet the bulk and area regulations for
two-family lots within the RSF-4 zoning district at the time of final plat.
Proposal: The applicant requests approval to rezone the property from R-A to RSF-4. The proposed
development has a density of 3 .27 units per acre.
Surrounding Land Use and Zoning: All surrounding properties are within the Planning Area and
consist of large single family properties to the north, west, and east, with the exception to the south,
which is within the City of Fayetteville municipal limits. Clabber Creek Phases 3-5 is an approved
subdivision to the south, with which this subdivision is coordinating a street connection.
INFRASTRUCTURE:
Streets: The site has access to Lierly Lane. Lierly Lane is being improved along the
property frontage up to the intersection with Hughmont Road.
Adiacent Streets:
North: Lierly Lane (Collector Street)
Water: Public water has been extended through the site for this development.
Sewer: Sanitary sewer has been extended through the site for this development.
Drainage: Standard improvements and requirements for drainage were required for the
development.
Fire: These 20 acres are covered by Engine 7 located at 835 N Rupple. The property at
this time is 3 . 1 miles from the station with a projected response time of 7.5
minutes to this development. After all the connecting roads being built are in
service, the response distance will be reduced to 2. 1 miles with an expected
response time of 5.5 minutes. Fire Department anticipates 21 ( 12 EMS — 9
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 annexation will
not substantially alter the population density or create an undesirable increase the
load on police services nor will it create an appreciable increase in traffic danger
and congestion in the area.
K:1ReportsQ006NC Reporls108-14.061R7N 06-2184 (Lerly Lane Subdivision).doc
LAND USE PLAN: The Interim City Plan 2025 map identifies this property as Residential.
This property is not identified on the Sector Map as a Growth Sector. Development of this
property has, however, been approved with connections to adjacent neighborhoods, in close
proximity to a public school, public park, and with a mixture of housing size, type and density.
Recommendation: Staff recommends approval of the rezoning request. The density is
compatible with the adjacent city zoning and the development of lots will be compatible with the
regulations of the RSF-4 zoning district.
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 Interim City
Plan 2025 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 will be compatible with the single family and duplex
lots within the subdivision. Both single family and two-family uses are
available within the RSF-4 zoning district. The resolution passed by the City
Council allows for the development of two-family lots without conditional use
permits. If the city were to annex the property and not rezone it RSF-49 it
would remain R-A. With a zoning of R-A, the Planning Commission cannot
approve the final plat for Lierly Lane Subdivision until all lots were
reconfigured to meet the bulk and area requirements of this zoning district
(i.e. 2 acre lot area & 200' lot width). Therefore, staff finds that rezoning the
property is both justified and needed at this time.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The zoning of RSF-4 is proposed to compliment the approved development of
a county subdivision. Development will proceed regardless of the annexation
and rezoning of this property, and this determination was made in the
positive with the Planning Commission's approval of the preliminary plat.
Therefore, staff does not find that the proposed zoning itself will result in the
increase of traffic on the adjacent Collector Street, Lierly Lane, or on the
interior local streets that will connect the Lierly Lane Subdivision with
adjacent residential subdivisions. The Fayetteville Police Department finds
K:IReponvV 0061PC Repartx108-14-06WN 06-2184 (Lerly Lane Subdivision).doe
,I
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 would allow an increase in density to no more than 4
units per acre. Prior to annexation into the city, the property was not under
any density requirements. Under an R-A, Residential Agricultural
designation, the entire 22.92-acre tract, which includes the portion to be
rezoned and the existing strip of RSF-4 property, would allow for a
maximum of 11 dwelling unit (1 unit / 2 acres). With the proposed RSF-4
designation, 91 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
KAReports11006PC Reports108-14-06W7W 06-1184 (Lerly Lane Subdivision).d"
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 RSFA 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 (B) Uses.
affordable housing, increase scenic attractiveness;
and conserve open space. ( 1 ) Permitted uses.
(B) Uses. Uni=8 =[
1 =Single-family
i -wide uses b right
1 ) Permitted uses. Unit 8 Sin le-famil dwelling
Unit 1 City-wit a uses by right
Unit 3 Public protection and utility facilities
Unil6 Agriculture
Unil7 Animal husbandry
Unit Single-family dwellin s (2) Conditional uses.
Unit9 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 City-wide uses by conditional use permit Unit Two-family dwellings
Unit 4 Cultural and recreational facilities Unit 24 Home occu ations
UUnit 36 Wireless communications facilities
Unit 20 Commercial recreation, large sites
Unit 24 Home occupations
Unit 36 Wireless communications facilities (C) Density. -
C Densi . Single-family Two-family
Units race One-half dwellings dwellings
Units er aae 4 or less 1 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 minimum 8,000 sq. ft. 12,000 sq. ft.
Land area per 8,000 sq. ft. 6,000 sq. ft.
dwelling unit
(E) Setback requirements.
(E) Setback requirements.
Front 1 Side I Rear -
ll 35 ft. 1 20 ft. 1 35 ft. FFMnt I Side Rear
25 ft. 1 8 ft. 20 ft.
(F) Height 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 in area of such lot.
excess of 15 feet. Such setbacks shall be measured
from the required setback lines.
(G) Buildingarea. None.
KAReporls12006WC Reporul08-14-06VL7N 06-2184 (Lerly Lane Subdivision).doc
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ii
Fayetteville Fire
u un inniunm
i
Department
MEMO
To: Suzanne Morgan, Andrew Garner, Jeremy Pate, and Jesse Fulcher
Thru: Chief Tony Johnson
Asst Chief Bud Thompson
From: Captain Dale Riggin
Date: August 9, 2006
Rei August 7, 2006 Zoning Review - Fire Department Comments
ANX06-2183 (Lierly Lane S/D)
RZN06-2184
These 22. 92 acres are covered by Engine 7. located at 835 N Rupple.
The property at this time is 3 . 1 miles from the station with a projected response time
of 7. 5 minutes to this development. After all the connecting roads that are being
built are in service, the response distance will be reduced to 2. 1 miles with an
expected response time of 5 . 5 minutes.
Fire Department anticipates 21 ( 12 EMS — 9 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.
Please feel free to contact me if you have any questions
Oak 1tgins
IT/Planning