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HomeMy WebLinkAboutOrdinance 4984 Doc ID: 010937560002 Tvice . REL Fee Recorded : $11/.Amt00 Pace itof1z28 :49 PM Nashlnaton Countv . AR Bette Stamos CSrcult Clerk FS1e200740009311 ORDINANCE NO, 4984 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06-2399, FOR APPROXIMATELY 17.63 ACRES, LOCATED AT THE SOUTHEAST CORNER OF HWY. 16 AND HARMON 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. PASSED and APPROVED this 20th day of February, 2007. -..IY of ° L,pc APPROVE ) ATTEST: e FAYETi EVILLE ° 0000 DAN­COODVq Mayoa SONDRA SMITH, City Clerk/Treasurer mn C AR RI N . . . . . . . .. . ... . . W. . . . . . ... . .. N i { . . . ... . .. . rn N ! P. 44 r 4 Y .. . n It CO y . . . . . . . . . . ti+ ". 7J ! ICD v X 0 . . . . . . . A r Q W N D D CD It It It s ^, p ! { 41 y X O I i Arr mn mn Itd + ItJ W ' IL I 1 . . . . . . . . . . . .. . . . . .. . . .. . . .: y Y sY J It IF I m � '. � > n k° wI ItN . . . . . . . . . . . .. . . . . . . . . . .. . . . .. . _ 01. ItIt k � rr it rILLCD 0 .Z ^ - CL It •. {{{((( +-� :3& . m B m !I ' r z� t i r y '`.� yea x rrhit IttItI IV }. n , : a —....... +c.�" ---•--RIGHES'•ti.«.:...�._—.. RL c '_ k N G N v _ x �+ +• v It w n n i L It— {{ t , _✓ rjk Ft 1Nashiggton :Ccuhty., 4R I certify this instrument was filed .on 03'/14%2Q07 0128'49 PIVI and recorded in .Real Estate File Number 2007=00009311 . Bette :Stam•ps 'Circuit :C (ttl r Iby ' beD �Zv/v7 City of Fayetteville Staff Review Form rte/ Ob City Council Agenda Items or Contracts1/�t/�X �S 6-Feb-07 City Council Meeting Date Tim Conklin Long Range Planning Operations Submitted By Division Department Action Required: RZN 06-2399: (West Side Annexation RSF-4): Submitted by the City of Fayetteville for property located at the southeast comer of Harmon Road and Hwy. 16. The property is zoned R-A, Residential Agricultural, and contains approximately 17.63 acres. The request is to rezone the subject property to RSF-4, Residential Single Family-4 units/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 Catego Name n/a n/a n/a $ i Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a �� 0 � Department Director Date Original Contract Date: n/a Original Contract Number: n/a �— Zz • 07 ttorney Received in iNC ffice `f �.�X � . I r),nA �� l —22 • a7 t'Iq�'t�U� Finance and Internal Service Director Date Received in Mayor's OfficA/L /L//77e / 2 IvlaycK Date Comments: � 6pv— on / ltag City Council Meeting of February 6, 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations Tim Conklin, Planning and Development Management Director From: Karen Minkel, Senior Long Range Planner Date: January 10, 2007 Subject: Rezoning for West Side Annexation RSF-4 (RZN 06-2399) RECOMMENDATION Planning staff recommends in favor of rezoning the subject property from R-A, Residential Agricultural to RSF-4, Residential Single Family-4 units/acre, on approximately 17.63 acres located at the southeast comer of Hannon Road and Hwy. 16. The Planning Commission recommended maintaining the current zoning R-A, Residential Agricultural. BACKGROUND The subject property contains approximately 17.63 acres and is located at the southeast comer of Hwy. 16 and Hannon Road. Westridge Subdivision, which received final plat approval on July 6, 2006 from the Washington County Planning Board, has an overall density of 2.7 units/acre, and homes are currently under construction. The surrounding properties to the south are residential, and the surrounding properties to the east, west and north are undeveloped and agricultural/rural residential . Originally, Planning staff recommended rezoning an additional 37.69 acres located at the southwest corner of Hannon Road and Hwy. 16. Somerset Subdivision received preliminary plat approval prior to annexation on April 6, 2006 from the Washington County Planning Board. The overall density reflected in the preliminary plat is 2.3 units/acre. However, the original developer is no longer planning to develop this project, which means that a new owner may want to change the density and design ; staff proposes to request a rezoning for this property if and when an approved subdivision receives final plat approval . The Future Land Use Plan shows these areas as Rural, which is described as "lands in an open or cultivated state or sparsely settled." The RSF-4 designation is inconsistent with the Future Land Use Plan. The intent of the proposed zoning, however, is to honor the development that has been approved by Washington County prior to annexation and is under construction in order to make the approved development conforming. Rezoning this property will not encourage the rezoning of adjacent properties. City Council Meeting of February 6, 2007 Agenda Item Number DISCUSSION This item was heard at the regular Planning Commission on January 3, 2007. Commissioner Clark made a motion to forward the overall rezoning of the newly annexed area with the removal of the 55.33 acres proposed as RSF-4, which was seconded by Commissioner Ostner. The Planning Commission voted 9-0-0 to approve the rezoning with the removal of the 55.33 acres because: 1 ) the density was not compatible with the surrounding properties; and 2) allowing a greater density than what was shown on the plats could result in an overall density greater than 2 .3 units/acre. The second point in the Commission's reasoning would not apply to Westridge Subdivision, which has already had final plat approval . City Attorney Kit Williams stated that the Planning Division could issue building permits based on the preliminary and final plats, and "if the owner wishes to have his land rezoned . . . he can be like any other citizen and petition to have the land rezoned." These ' individual requests would apply to potentially 46 residents in the Westridge Subdivision. Staff recommends the rezoning of the 17.63 acres so that these lots conform to the zoning district. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06-2399, . FOR . APPROXIMATELY 17.63 ACRES, LOCATED AT THE SOUTHEAST CORNER OF HWY. 16 AND HARMON 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 , � Oto 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. PASSED and APPROVED this day of 12007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer N W W W W N c T T W m E E d D ii ii E d N o > CL crn U 'c E 0 _ a C a E c J C y (U K K K Z S . . . .. . . . . . . . . . . . . . . . . . . . . . . U 12 N M CLL V / N r N O X O : :: :: : ::: : : :::: O I . .. . . . . ... ... . . 00 i^ . . . . . . . . . . ... . . I x LU : : : T V/ T N M U W N m QO i 0 N C7 O N . . . . ... . . . . . . ... ... . .. . . ... . ....... . ... . . . . . .. . . . . . . ... . . . . . . . . . . . . . . . . . Z 1 LL :: : : : : : : . . . . . . . . . . . . . N January 6, 2007 e S To: Fayetteville Planning Commission Concerning: RZN 06-2399 We, the residents of Forest Hills subdivision and adjoining areas, object to the rezoning (from R-A to RSF4) that portion of the 55.33-acre parcel of land bounded by Highway 16 and Harmon Road South and property owners in Forest Hills subdivision. We feel strongly that it should be zoned as Residential Single Family (RSF- 1 ) or remain as Residential Agriculture (R-A), for the following reasons: 1 . The RSF4 designation does not fit with the majority of the adjacent zoning. Though now residents of Fayetteville, we consider our community to be "country." We bought and developed our places with this in mind, and we want the adjoining areas to be similar. 2. The rezoning would appear to violate the general Fayetteville planning policy (which we applaud), of keeping high density housing concentrated toward the center of the city. Approving this proposal would set a precedent that would violate the integrity of the general policies used in development of the 2025 plan. We recognize that there is a small, existing, partially-built Westridge subdivision, that must now be rezoned to RSF4. In retrospect, we hope that the city's position would not have been to approve that zoning. Although that can not be corrected, we see no justification in adding the additional acres with the RSF-4 designation. 3 . The rezoning and concomitant house construction of four houses per acre would eventually lead to adding of hundreds of automobiles to the already heavy traffic on Highway 16. For those who drive that road regularly, we know that will mean additional delays and accidents. 4. Without a city sewer system hookup available, the RSF-4 designation implies a private sewage system that requires a large drainage field. We are not convinced those systems are fully effective nor safe from the standpoint of drainage of pollutants into down-stream underground water systems. Thank you for hearing our plea and giving full consideration to our request. 41 • i I� � i1I1� ��n� i 1 V RS: � , / , �� � i�. i r � i r OM 1111111, FfT PF All Wl &4wmomommmwNA _ I 1/ II _ _ . _ . � . � � . tel• •its 1. �. . • .� . �i _ W � ` � r D WASM %' _ i • i i . l► . NJY . 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