HomeMy WebLinkAboutOrdinance 4974 A 1 IIIIIIIIIII IIIIIIII IIIIIIIIII IIIIIIIIIIIIIII VIII VIII VIII VIII IIIIIIIIIII
Doc I0 : 010844280003 TVDe : REL
Recorded : 02/15/2007 at 01 : 22 : 15 PM
Fee Amt : $14 . 00 Pace 1 of 3
Washlnoton Countv . AR
Bette 3tamos Circuit Clerk
File2007-00005765
i
ORDINANCE NO. 4974
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 06-2344, FOR
APPROXIMATELY 34.44 ACRES, LOCATED AT THE
NORTHEAST CORNER OF DOUBLE SPRINGS ROAD AND
SELLERS ROAD, FROM R-A, RESIDENTIAL
AGRICULTURAL, TO RSF-2, RESIDENTIAL. SINGLE-
FAMILY, 2 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-2,
Residential Single-Family, 2 units per acre, as
shown on Exhibits "A" and `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. ` %01111 ,„,j /
`e r K/TR ” .
PASSED and APPROVED this 16'h day of January, 2007.
_ ; FAYETTEVILLE •
APPROVED: ATTEST: z^
sy
By: By:eoiid�
DA OODY, May SONDRA SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN 06-2344
PART OF THE NEI/4, SEI/4 OF SECTION 15, T16N, R31W IN WASHINGTON COUNTY,
ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT
THE NE CORNER OF SAID NEIA, SETA THENCE S0203714611W 1302.09 FEET, THENCE
N88044'23"W 93 .06 FEET, THENCE ALONG A CURVE TO THE LEFT 141 . 17 FEET, SAID
CURVING HAVING A RADIUS OF 476.00 FEET AND A LONG CHORD BEARING OF S82045'50"W
140.66 FEET, THENCE S74016'0311W 0.69 FEET, THENCE N87054'07"W 1050.97 FEET, THENCE
NO2016'48"E 866.42 FEET, THENCE S87046' 18"E 440.97 FEET, THENCE NO204415811E 460.06 FEET,
THENCE S8744'26"E 21 .00 FEET, THENCE NO2028'12"E 3.35 FEET, THENCE S8704412611E 825.57
FEET TO THE P.O.B.; CONTAINING 34.44 ACRES MORE OR LESS SUBJECT TO EASEMENTS
AND RIGHT OF WAY RECORD.
f
EXHIBIT "B"
RZNO6-2344 DUNNERSTOCK=WINDSOR SID
Close Up View
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Legend
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— 100 YEAR -'-- Ln&T OF STUDY
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0 175 350 700 1,050 1,400
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Washington County, AR
I certify this instrument was :filed on
0271572007 01 :22: 18 PM
and recorded in Real Estate
File Number 2007;00005785
Bette Stamps- circuit CI
Iby
Ogb
` City of Fayetteville 1 / 47 /07'0
Staff Review Form q- 7 `!J
City Council Agenda Items � Oro -2. 341y/
or
Contracts � y(1
2-Jan-071 ` �f
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
RZN 06-2344: (Dunnerstock and Windsor SD, 513): Submitted by Dave Jorgensen for property located at northeast corner of
Double Springs Road and Sellers Road. The property is zoned R-A, Residential Agricultural, and contains approximately
34.44 acres. The request is to rezone the subject property to RSF-2, Residential Single-Family, 2 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
(^ IS ,O Previous Ordinance or Resolution # n/a
Departmeni Dinc L Date Original Contract Date: n/a
J-� Original Contract Number: n/a
(2- IS-vG
i Attorney
Received in City Cler'k's Olfc
ENTERED
VV4..)i G.
Finance and Internal Service Director Date
Received in Mayor'
2r /
Mayor Date
Comments:
City Council Meeting of January 2, 2007
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: December 12, 2006
Subject: Rezoning for Dunnerstock — Windsor Subdivision (RZN 06-2344)
RECOMMENDATION
The Planning Commission recommended in favor of rezoning the subject property from
R-A to RSF-2 on approximately 34.44 acres located located at the northeast corner of
Double Springs Road and Sellers. ,
BACKGROUND
The subject property contains approximately 34.44 acres and is located at the northeast
corner of Double Springs Road and Sellers Road. Double Springs Road along the
western property line provides a major north-south connection with Wedington Drive and
is not improved to its City of Fayetteville Master Street Plan designation as a Minor
Arterial. Sellers Road is an unimproved gravel road along the southern property line.
The property has been under construction for a 28-lot subdivision within the City of
Farmington Planning Area, prior to it being annexed into the City of Fayetteville.
Construction has ceased on the property, pending zoning and development approvals.
The applicant has the right to develop the 28-lot subdivision that was approved by the
City of Farmington. The surrounding property is undeveloped and agricultural/rural
residential.
DISCUSSION
This item was heard at the regular Planning Commission on December 11 , 2006. The
Planning Commission discussed that they were not in favor of rezoning the property to
RSF-4 as originally requested. The applicant agreed with staffs recommendation to
modify the rezoning request to RSF-2. The Planning Commission voted 8-0-0 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 06-23447 FOR
APPROXIMATELY 34.44 ACRES, LOCATED
AT THE NORTHEAST CORNER OF DOUBLE
SPRINGS ROAD AND SELLERS ROAD, FROM
R-A, RESIDENTIAL AGRICULTURAL, TO RSF-
2, RESIDENTIAL SINGLE-FAMILY, 2 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-2,
Residential Single-Family, 2 units per acre, as
shown on Exhibits "A" and `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 I above.
PASSED and APPROVED this—day of J 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 06-2344
PART OF THE NEIA, SEI/4 OF SECTION 15, T16N, R31 W IN WASHINGTON COUNTY,
ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NE CORNER OF SAID NEIA, SETA THENCE S0203714611W 1302.09
FEET, THENCE N88044'23 "W 93 .06 FEET, THENCE ALONG A CURVE TO THE LEFT
141 . 17 FEET, SAID CURVING HAVING A RADIUS OF 476.00 FEET AND A LONG
CHORD BEARING OF S82045'50"W 140.66 FEET, THENCE S7401610311W 0.69 FEET,
THENCE N87054'0719W 1050.97 FEET, THENCE NO2016148 "E 866.42 FEET, THENCE
S87046' 18"E 440.97 FEET, THENCE NO2044'58"E 460.06 FEET, THENCE S87044126"E 21 .00
FEET, THENCE NO202811211E 3 .35 FEET, THENCE S87044'26"E 825 .57 FEET TO THE
P.O.B.; CONTAINING 34.44 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND
RIGHT OF WAY RECORD.
EXHIBIT 121311
RZN06-2344 DUNNERSTOCK-WINDSOR S/ D
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Legend
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m0oeeS Oveby MNci _ fL000YJnY — 500 YEPH
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Taye LL V 1 PC Meeting of December 1. 1 , 2006
ARKANSAS
125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: November 21 , 2006 Updated December 12, 2006
RZN 06-2344: (DUNNERSTOCK - WINDSOR S/D, 513): Submitted by DAVE JORGENSEN
for property located at NORTHEAST CORNER OF DOUBLE SPRINGS ROAD AND SELLERS
RD. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately
34.44 acres. The request is to rezone the subject property to RSF-4, Residential Single Family, 4
units per acre.
Property Owner: Dunnerstock Development, Inc.
Planner: Andrew Garner
RECOMMENDATION:
Staff recommends denial of the requested rezoning from R-A to RSF-4 based on the
findings herein.
PLANNING COMMISSION ACT-ION:' Required i� YES
I�. _. X ForwardedMe TA tAn
G� ❑ Denied + .
Date vbeceniber 11 2006t.-
Motion: -Clark (Recommend in favor of RSF-2 zoning on the properh }
Second: Myres i'
Vote 8 0-0
Comment: At the meeting the applicant 'agreed to staff's recommended RSF-2 zoning:",'
CITY COUNCIL ACTION „ Required V3. YES =>
❑ "Approved '� ` �' ❑ Denied
r a °:
Date January 2, 2007 0" reading if recommended} ° -�" r
a ,
� r
t-
BACKGROUND:
November 27, 2006 Planning Commission: This item was tabled at the request of the applicant at
the November 27, 2006 Planning Commission meeting for the applicant to get more feedback from
staff on their recommendation for denial. Public comment was heard at that meeting with several
K:IReporls12006WC ReporiW 1-11-o6WN 06-2344 (Dunnerstock .Subdivision) dog
property owners in the vicinity commenting that they were opposed to the proposed rezoning to RSF-
4 due to the rural residential nature of the area and existing established large lots and low density.
Subsequent to that meeting the applicant has submitted plats to the City indicating that a subdivision
(Sellers Subdivision) has been approved across the street from the subject property, and also
submitted a sewer plan for connection of the subject .property to City sewer.
Staff original recommendation for denial of the requested RSF-4 zoning has not changed.
City of Farmington Approval.• The Dunnerstock Subdivision was approved and platted through the
City of Farmington in the Farmington Planning Area for a 28 lot subdivision with individual septic
systems for each lot. The infrastructure for this subdivision is in the process of being installed with
streets already cut and curb, gutter, gravel base, and the water line installed. An aerial photo taken in
2006 is attached to this packet and shows construction on the property.
City of Fayetteville Annexation: The City of Fayetteville approved annexation of the subject property
by general election on October 16, 2006 and officially accepted the property into the City on
November 21 , 2006. This land is automatically rezoned to Residential-Agricultural (R-A) as part of
the annexation process.
Property Description: The subject property contains approximately 34.44 acres and is located at the
northeast corner of Double Springs Road and Sellers Road. It is zoned R-A, inconsistent with the
Interim.Future Land Use Plan designation of the property as Residential. As mentioned above, the
property has been under construction for a 28-lot subdivision within the City of Farmington Planning
Area, prior to it being annexed into the City of Fayetteville. Construction has ceased on the property,
pending zoning and development approvals. Should the applicant choose, the right to develop under
the provision of the approved preliminary plat is permitted. As shown in Table 1 , the surrounding
property is undeveloped and agricultural/rural residential.
Table 7
Surrounding Land Use and Zoning
Direction Land Use Zoning
North Rural residential/pasture R-A
_ South Rural residential/undeveloped
ed City of Farmington
East Undeveloped/rural residential R-A
West Pasture/rural residential cityof Farmin ton
Proposal: After this property was annexed into Fayetteville the applicant decided to re-evaluate
development of the property and has submitted a revised subdivision concept plat to the City of
Fayetteville with smaller lots, increasing the subdivision density from 28 to 78 lots. The applicant
also proposes to connect to the City sewer system to the north with a small lift station. In order to
develop the property for 78 lots the applicant proposes a rezoning of the 34.44-acre property to RSF-
4 for a single-family subdivision.
Recommendation: Staff recommends denial of the rezoning request based on findings stated herein.
K.Weporu120061PC Reporu112-11-06RM 06-2344 (Dunnvstock Subdivision).doc
The development of this property at the zoning proposed will be inconsistent to that of surrounding
rural residential/agricultural properties and will result in an isolated zone of RSF-4 in an area
surrounded by either City of Farmington or R-A, which does conform to City policy. Staff would be
in favor of rezoning the property to RSF-2 in order to allow the 28-lot subdivision previously
approved through the City of Farmington to be completed and permit connection to the sewer
system.
INFRASTRUCTURE:
Streets: The site has access to Double Springs Road. Double Springs Road is a Minor Arterial
and has been improved with the construction of this development.
Water: Public water is located throughout the site. There is an 8" waterline system that was
extended through the development.
Sewer: Sanitary sewer is available adjacent to the site. There is a lift station being
constructed on the adjacent property which will be modified to carry the flow
generated from this development. This property is located in the Hamestring Creek
lift station drainage basin.
Drainage: Standard improvements and requirements for drainage will be required for the
development.
Fire: These 34.44 acres are covered by Engine 7 located at 835 North Rupple Road. The
property is 3 .4 miles from the station with an expected response time of 7.5 minutes.
The Fire Department anticipates 31 ( 19 EMS — 12 Fire/Other) calls for service per
year once the development is completed and maximum build-out has occurred.
There is no measured hydrant flow in the 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. The response time is above the Fire
Department's goal of having the first unit on the scene within 6 minutes, 90% of the
time, and the goal of assembling all responding units to the scene of a moderate risk
assignment within 10 minutes; 90% of the time.
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: The Interim Future Land Use Plan adopted as part of the City Plan 2025
designates this site Residential. Rezoning this property to RSF-4 is compatible with the City Plan
designation, but is not compatible with the surrounding density of surrounding undeveloped and rural
residential property.
K:IReporv120061RCReporLsV2-11-06VtZN06-2344 (Dnnnawsiock Su6dicision).doc
