The URL can be used to link to this page

Home My WebLink AboutOrdinance 5038 IINVNNIIIVIN�I�N�IINInIIIII�NIIIIIIIIIIIINIININUNNVN Recorded : 08103/200Doc ID : 00atT02 . 5 REL 58 PM Fee Amt : 825 . 00Pace I of 3 Mashlnoton Countv . AR Bette Stamps Circuit Clerk File 2007-00030176 ORDINANCE NO. 5038 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 07-2621 , FOR APPROXIMATELY 3 .00 ACRES, LOCATED AT 3845 SKILLERN 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. Y July, �c, Y%/TR • PASSED and APPROVED this 17th da of ul , 2007. E9s '',, •. G\Z Y 0 .Gp APPROVE ATTEST: ' C ' ; FAYETTEVILLE ' By. By: r^o '9sL4KAN5PpJ�'�c DAN COOD , Mayor SO DRA SMITH, City Clerk/Treasurer m� � + ri ie `G4\ .`:1 `��4ar � . :`t, i yi��i-W�W �JY'�C ul ! k Cts '� .,� �. 5 dlfb.'k i'2Y'z�� Y�."S�`�d"�gt y�. PY _ � �Y ��iY§�,�s r6� ��1�MaU' � �sj�'y�� °ug�`` a GZ .pF �a'1 - - � !YY `F' 1 . 'Y"t"da � Jtm `i: �"�Y�"Y�"' rr'Py� at w<--� y'" ��n nk~i �� h�,�s�� S \�'`e i..cµ 5^.��h� �� y, a� . t '� L '1 r� 6 t C � � � J�n*� n i7r RTS` _ � x-r Y sYi� � ��.. T`i � [�' 'x� r�,F � Y� "iA`i � �� Y hy1'Y �F IS`x RSv �`"�* 4 1 �� b� '. i x net i V�'k �( 5'a�3 ..,, ,� 3 ' �}� � �-�''°-a � �' �. �.�' sx'��i �Y �� , �= L �€ Y) :. � �, . may �� . �r S $ a Y J$ i5 F , � .{{ � 1 . wi `:� � 3 f � " Q 4 � lY }} A Yu 1 A - � Y � �^ 1� V t l YY � Ys �;� Y �. �ti rYa 3 v � A� l C tC� Y hY I k e EV^N�Y `E f .a•. � � Yp Y i o � �� x S t Y<Y��S C t� ti < < 1. h � Y q b sifi. V�hi��Y� � Y � � .` YF YPy \J F`�:``'�. ( � dei �� t x �Y S5, Y � C �� dt aY 1 p'�aA; �� J� Y� ( FNZ � 4� \ V i 3Y XH.+y� � �� `�'�( Oh \ P� i � � � � � EXHIBIT "B" RZN 07-2621 PART OF THE NEI/4 OF THE SETA OF SECTION 31 , T17N, R29W OF WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID NEI/4, SETA THENCE S00045' 10"E 395 .04 FEET, THENCE S89031 '02"W 330.80 FEET, THENCE N00043 '23 "W 395.04 FEET, THENCE N89031 '0211E 330.63 FEET TO THE P.O.B. ; CONTAINING 3 .00 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. Washington County, AR I certify this instrument was filed on 08/03/2007 02:59:58 PM and recorded in Real Estate File Number 2007-00030178 Be rie Stamps - Circuit C er by Or°.b City of Fayetteville Staff Review Form �03 Ci City Council Agenda Itemsor U Contracts /�v�rlcc n 17-Jul-07 Q City Council Meeting Date Jeremy Pate?A Planning Operations Submitted By Division Department Action Required: RZN 07-2621 : (Keenan, 295): Submitted by Jorgensen and Associates for property located at 3845 Skillern Road. The property is zoned R-A, Residential Agricultural, and contains approximately 3.00 acres. The request is to rezone the subject property to RSF-2, Residential Single Family, 2 units per acre. Action Required: 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 Depa ment ec or Date Original Contract Date: n/a Original Contract Number: n/a City ttorney (� Received in C �J ityHED Finance and Internal Service Director Date in Mayor's Office Ma or Date Comments: City Council Meeting of July 17, 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: June 28, 2007 Subject: Rezoning for Keenan (RZN 07-2621 ) RECOMMENDATION Planning staff recommended and the Planning Commission voted in favor of rezoning the subject property from R-A, Residential Agricultural to RSF-4 for approximately 3 .00 acres located at 3845 Skillern Road. Upon further review of the application after the Planning Commission meeting, it is apparent that the applicant' s re-zoning request is for RSF-2. Staff would be in support of either RSF-4 or RSF-2 zoning for the property. BACKGROUND The property under review consists of 3 .00 acres at 3845 Skillern Road. The property contains one residential structure. The applicant is requesting this property to be annexed into the City, and if annexed it would automatically be zoned R-A. The applicant requests to rezone the property from R-A to RSF-2. The property is bordered by rural residential uses in the Planning Area to the north, south, and east, and the un-platted Crestmont Estates subdivision to the west in the City. DISCUSSION This item was heard at the regular Planning Commission meeting on June 25, 2007. The Planning Commission voted 8-0-0 to recommend approval of this rezoning request to the City Council. No public comment was received. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 07-2621 , FOR APPROXIMATELY 3 .00 ACRES, LOCATED AT 3845 SKILLERN 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. PASSED and APPROVED this day of 12007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer i . r r ��qFy �K r4rr�� ¢k� f fir . • � } � - . . � � _ - F `t.. R � "PCS` �A i✓ � ._ S' y m,. EXHIBIT "B" RZN 07-2621 PART OF THE NEIA OF THE SEI /4 OF SECTION 31 , T17N, R29W OF WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID NEIA, SEI /4 THENCE S00045' 10"E 395.04 FEET, THENCE S89031 '02"W 330.80 FEET, THENCE N0004312311W 395.04 FEET, THENCE N89031 '0210E 330.63 FEET TO THE P.O.B. ; CONTAINING 3 .00 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. ) Taye eV �1. PC Meeting of June 25 , 2007 ARKANSAS THE CITY OF FAYMEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Gamer, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: '...., t °,ter Updated June 26. 2007 RZN 07-2621 : Rezoning (KEENAN, 295): Submitted by JORGENSEN & ASSOC for property located at 3845 SKILLERN ROAD. The property is zoned R-A, RESIDENTIAL- AGRICULTURAL and contains approximately 3.00 acres. The request is to rezone the subject property to RSF4, Residential Single Family, 4 units per acre. Property Owner: James Keenan Planner: Andrew Garner RECOMMENDATION: Should the Planning Commission recommend approval of annexing this property into the City as part of ANX 07-2620 (Keenan), staff recommends approval of the requested rezoning request from R-A to RSF-4 based on the findings herein. �l v aJ o : " KiReporu120071PC Reporm106-25-071RZN 07-262! (Keenan).doc I BACKGROUND: Property description: The subject property contains one parcel of property containing 3 .00 acres. The property is located at 3845 Skillern Road, just east of the recently constructed Crestmont Estates Subdivision, which has had infrastructure installed, but has not been final platted. Property north, south, and east of the subject property consists of rural residential land uses and is in the county. There is one house on the property and two houses adjacent to the south currently accessed through a private drive on the property. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North, South, and East Rural Residential Planning Area West Crestmont Estates RSF-4, Residential Single-Family Four Subdivision (un-platted) Units/Acre Proposal: Should the subject property be annexed into the City as part of ANX 07-2620 (Keenan) it would automatically be assigned the zoning designation of R-A, Residential-Agricultural. If the property is annexed, the applicant proposes to rezone the 3.00 acres from R-A to RSF-4 for a lot split. The zoning criteria for R-A and RSF4 are attached to this report. Recommendation: Staff recommends approval of the rezoning request. Development on this site will be regulated by the city allowing for a uniform and consistent development pattern. The development of the property for single-family residential use at four units per acre is comparable to surrounding properties and developments to the west. INFRASTRUCTURE: Streets: The site has access to Skillern Road, a Minor Arterial Street, which is currently an unimproved two-lane road. Street improvements to Skillern Road will be evaluated at the time of development. Water: An 8" distribution main waterline is located adjacent to the northwest corner of the site on Skillern Road. Sewer: The site has access to public sewer lines in the adjacent Crestmont Estates subdivision to the west. Fire: The subject property is located approximately less than I mile from Fire Station #5 at the southwest corner of Crossover Road and Township Road, which will be opening in July 2007. Response time to the property is acceptable and above the City's goal of having the first unit on the scene within 6 minutes, 90% of the time, and the City's goal of assembling all responding units to the scene of a moderate risk assignment K. lReports12007TC Reports 106-25-071RZN 07-262/ (Keenan).doc within 10 minutes, 90% of the time. There should be no adverse effects on call volume. 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 Future Land Use Plan adopted as part of the City Plan 2025 designates this site Residential Neighborhood Area. Rezoning this property to RSFA would be consistent with the future land use plan designation of the property for residential development. The proposed RSF- 4 zoning would be compatible with the adjacent RSF-4 zoning to the west and rural residential uses to the north, east, and south. 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 RSF4 zoning for single-family residential use is compatible with adjacent and nearby single family residential land use. Developments in the vicinity include residential subdivisions zoned RSF4 (maximum four units per acre) and rural residential lots on larger parcels. In addition, Skillern Road is designated as a Minor Arterial on the Master Street Plan. The proposed rezoning is consistent with the Residential Neighborhood Area designation and surrounding land uses. 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 allow for a lot split of the property consistent with City land use objectives and policies. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will generate a minimal amount of additional traffic on the surrounding street system over the R-A zoning that is automatically assigned after an annexation. Based on the amount of frontage on Skillern Road (approximately 330'), the R-A tract could not be divided without a variance. If zoned for RSF-4, the property could yield a maximum of 12 units if a public street were built. These additional 12 units are not a likely scenario, however, if they were developed, it would not appreciably increase traffic danger and congestion. K.IReporis120071PCRepores106-25-071RZN07-7621 (Keenan).doc 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 increase population density. The proposed zoning would allow for 12 single family lots, as opposed to one lot under R-A zoning. However, this increase in single-family residences is consistent with land use, zoning, and development patterns in the immediate vicinity. Increased load on public services was taken into consideration and recommendations from Engineering, Fire, and Police Departments are included in this report. Significant adverse impacts to public services would not result with the incorporation of standard improvements as part of the development. 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 KAReporlt110071PC Report 106-25-OARZN 07-262/ (Keenan).do