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Home My WebLink AboutOrdinance 4987 - Doc ID : 010973240003 Tvoe : REL Recorded : 03/23/2007 at 02 : 02 : 21 PM Fee Amt : $14 . 00 Pace 1 of 3 is Washlnoton Countv . AR Bette StamosCirc ult Clerk Q �t i Flle200 /'7 X00010684 i r ORDINANCE NO. 4987 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 07-2419, FOR APPROXIMATELY 44.74 ACRES, LOCATED AT 3184 SOUTH CITY LAKE 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 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. �„ �annrrrr .�%% %1E”/T RF9 tip PASSED and APPROVED this 6h day of March, 2007. k a C;.QTY 0 SGS E ° FAYETTEVILLE ° APPROVED: ATTEST: ° 9y RkAN51:�J��_ By: By: &—""j � DAN COODY, Mayor SO RA E. SMITH, City Clcrk/Treasurer � � F : I L. t, Yul B �C Q V �M f a fi b } • �i ppp J Logond . . • . iWW — FLOOVWAY 500 - IOD YEAR UMrtOFSTWY Fayefteville y n. $ . N : 0 175 350 700 1,050 EXHIBIT "B" RZN 07-2419 PART OF THE SWIM OF THE SETA OF SECTION 27, T16N5 R30W, AND PART OF THE NWI/4 OF THE NEIA OF SECTION 34, TI 6N. R30W, ALL IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS : BEGINNING AT THE SE CORNER OF SAID SW 1 /4, SEI/4 THENCE S02052139"W 660.49 FEET, THENCE N87018' 15 "W 477. 11 FEET, T14ENCEN02052'39"E 208.71 FEET, THENCE N87018115"W 619.85 FEET, THENCE N0000121 "W 199.69 FEET, THENCE N08036'58"W 202.27 FEET, THENCE N00°02' 11 "W 359.36 FEET, THENCE N01 °43'34"E 355 .31 FEET, THENCE N04026'05 "E 472.75 FEET, FEET, THENCE S88048123 "E 1129.34 FEET, THENCE N] 6030'06"E 163 .88 FEET, THENCE S0301211511W 1321 .58 FEET TO THE P.O.B. ; CONTAINING 44.74 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. Washington County, AR I I certify this instrument was filed on 03/23/2007 02:02:21 pM and recorded in Real Estate File Number 2007-00010884 Bette tamps - Circuit Clerk by p cD City of Fayetteville 316167 Staff Review Form 4f4797 City Council Agenda Items or epo 61aq ,V Contracts 20-Feb-07 City Council Meeting Date Jeremy Pat e Planning Operations Submitted By Division Department Action Required: RZN 07-2419: (Kelly, 681 ): Submitted by Dave Jorgensen for property located at 3184 South City Lake Road. The property is zoned R-A, Residential Agricultural, and contains approximately 44.74 acres. The request is to rezone the subject property to RSF-4, Residential Single-Family, 4 units per acre. Action Required: n/a nla 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 07 Previous Ordinance or Resolution # n/a Department Dir ctor Date Original Contract Date: n/a Original Contract Number: n/a City Attorney Received in City Clerk's Office Finance and Internal Service Director Date Received in Mayor's Office Mayor Date Comments: ttFf Fn de. Berard r 41145 2/6/° 7 City Council Meeting of February 20, 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: January 31 , 2007 Subject: Rezoning for Kelly (RZN 07-2419) RECOMMENDATION Planning staff recommended and the Planning Commission voted in favor of rezoning the subject property from R-A to RSF-4 for approximately 44.74 acres located at 3184 S. City Lake Road, south of 158' Street and north of Wilson Hollow Road. BACKGROUND The subject property contains aproximately 44.74 acres. The property is located at 3184 S. City Lake Road, south of 159 Street, north of Wilson Hollow Road, adjacent to the southern property line of Danaher Tool Company. The property is zoned R-A, Residential Agricultural and contains one single-family dwelling unit and accessory structure. The request is to rezone the subject 44.74 acre property from R-A, Residential Agricultural to RSF-4, Residential Single-Family, 4 Units per Acre. DISCUSSION This item was heard at the regular Planning Commission on January 22, 2007. The Planning Commission voted 7-0-0 to recommend approval of this rezoning request to the . City Council, finding it consistent with the Future Land Use Plan and all applicable findings. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 07-2419, FOR APPROXIMATELY 44.74 ACRES, LOCATED AT 3184 SOUTH CITY LAKE 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 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. PASSED and APPROVED this day of 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer l — � " . ' s f < i F I I j [ l 1 : fr "I I r _ ZI. M �i 1 r � it •� a �' ... �,� '� - io Legend I Fayetteville 0 175 350 700 I'M t 2a� �3 I i � C A I t 1.4001 EXHIBIT "B" RZN 07-2419 PART OF THE SWI /4 OF THE SEI /4 OF SECTION 27, T16N, R30W, AND PART OF THE NW 1 /4 OF THE NEI /4 OF SECTION 34, T16N, R30W, ALL IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS : BEGINNING AT THE SE CORNER OF SAID SW 1/4, SE1 /4 THENCE S02052'39"W 660.49 FEET, THENCE N87018'15"W 477. 11 FEET, THENCE NO2052'39"E 208.71 FEET, THENCE N8701811511W 619.85 FEET, THENCE N00°01 '21 "W 199.69 FEET, THENCE N0803658"W 202.27 FEET, THENCE N00°02'11 "W 359.36 FEET, THENCE NO 043134"E 355.31 FEET, THENCE N04026'05"E 472.75 FEET, FEET, THENCE S88048'23 "E 1129.34 FEET, THENCE NI6030'06"E 163 .88 FEET, THENCE S03° 12' 15 "W 1321 .58 FEET TO THE P.O.B.; CONTAINING 44.74 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. e Taye �� C Meeting of January 22, 2007 125 W. Mountain St, THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: JaftuaFf "— ^^7 Updated January 18, 2007 RZN 07-2419: (KELLY, 681): Submitted by DAVE JORGENSEN for property located at 3184 S. CITY LAKE ROAD. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 44.74 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. PL'ANNTNQCOMMISSION"ACTION Required YES off . - � ❑ A'n roved' Form arded DzDemed r. 1M0(ion Clark Second Trumbo , y ' " ' Vote 7-0 0 Date ,January 22 2007 _ CITY CO IL ACTION " �# Required YES> � , ��`��`��, ' � ❑ .d p oved �l7 Denied " Date February�20'42007 (1" readma rf:recommended) ` BACKGROUND: Property description: The subject property contains approximately 44.74 acres. The property is located south of 15th Street, north of Wilson Hollow Road, adjacent to the southern property line of Danaher Tool Company. The property is zoned R-A, Residential Agricultural and contains one single-family dwelling unit and accessory structure. Proposal: The applicant proposes to rezone the property from R-A to RSF-4. 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. KAReporls110071PC Repnru101-21-07W7N,07-1419 (Kelly).doc SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North Danaher Tool Co. I- 1 Heavy Commercial Light Industrial/1-2, General Industrial South Two-family dwelling R-A, Residential Agricultural East Single-Family Residential/Agricultural Planning Area West Single-Family Residential RSF-4, Res. Single-Family — 4 units/acre INFRASTRUCTURE: Streets: The site has access to City Lake Road. City Lake Road is an unimproved 2-lane roadway in this location. Improvements to the adjacent streets will be evaluated at the time of development. Water: Public water is located adjacent to the site. There is an 8" waterline along City Lake Road. Upgrades to the existing water service will need to be reviewed at the time of development. Sewer: Sanitary sewer is not adjacent to the site. Extension of sewer line(s) to the property will be required with future development. Improvements to the sewer system may be required dependent upon the demand placed by the development. The capacity of the existing main will need to be studied at the time of development. Drainage: Standard improvements and requirements for drainage will be required for the development. Fire: These 44.74 acres are covered by Engine 1 and Ladder 1 at 303 N. Center Street. It is 3.4 miles from the station with an expected response time of 7 minutes 55 seconds. When the proposed Station 3 opens at Happy Hollow Road and Huntsville Road, the distance from the station will be 2.3 miles with an expected response time of 4 minutes 50 seconds. The Fire Department anticipates 41 (25 EMS — 16 Fire/Other) calls for service per year once the development is completed and maximum build-out has occurred. Measured Hydrant Flow in this area is recorded at 1443 gallons/minute. 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 or create an undesirable increase in the load on police services. The rezoning will possibly create an appreciable increase KAReperis120071PC Reports101-21-071R7.N 07-2419 (Kelly).doc in traffic danger and congestion in the area unless some improvements are made to the intersection of 15°i and Momingside. CITY PLAN 2025 FUTURE LAND USE PLAN : Residential. Rezoning this property to RSF- 4 is consistent with City Plan 2025 and compatible with surrounding land uses in the area. 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 uses. City Plan 2025 future land use plan designates this area for residential use, which is compatible with the proposed RSF4 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 has direct access to a collector street, which connects to 15`h Street to the north and S. School Avenue to the south (both principal arterials). Additionally, a traffic signal is approved for construction at the intersection of City Lake Road and 15'h Street that will help facilitate additional traffic that is generated by new developments in the area. Improvements to City Lake Road will be expected with future development of the property. 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 K:IReporu12007PC ReporaM-22-071 PU 07-2419 (Kellv).dx sewer facilities. Finding: The proposed zoning would increase population density. Under an R-A, Residential Agricultural designation, the 44.74-acre tract would allow for a maximum of 22 dwelling unit (1 unit / 2 acres). With the proposed RSF-4 designation, 178 dwelling units would be permitted. 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.IReporls0007TC Reponal01-22-071RW 07-2419 (Kelly).do