HomeMy WebLinkAboutOrdinance 5133 [IIII] IpIIIIi�III��III�u ,ppIIll
Doc ID : 012274140003 T
Recorded : 05/16/2008 at 02De : REL
26 : 25 PM
Fee Amt : $25 . 00 Paae 1 of 3
Mashlnoton County . AR
Bette Stamos Circuit Clerk
F11e2008-00016411
ORDINANCE NO. 5133
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 08-2937, FOR
APPROXIMATELY 26.9ACRES, LOCATED SOUTH OF
MOUNTAIN RANCH PHASE I AND PERSIMMON STREET,
EAST OF THE FUTURE EXTENSION OF RUPPLE ROAD,
FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER
ACRE TO RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 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 RSF-4, Residential Single-Family, 4 units per acre
to RSF-8, Residential Single-Family, 8 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.
1\i, TRA
PASSED and APPROVED this 6th day of May, 2008. G`G�SY OF SGS`
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: FAYETTEVILLE •
APPROVED: ATTEST: - / =
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By: ` By:
DAA tOODY, Mayor S NDRA SMITH, City Clerk/Treasurer
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EXHIBIT `B"
RZN 08-2937
LEGAL DESCRIPTION : (RSF-4 TO RSF-8)
PART OF THE SEI /4 OF THE NEI/4 OF SECTION 13 , T16N, R31W IN WASHINGTON
COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE
SW CORNER OF SAID SEI/4, NEI /4 THENCE NO2020' 35"E 1318 . 83 FEET, THENCE
S87011 '285'E 825. 16 FEET, THENCE S02020' 3555W 160.97 FEET, THENCE ALONG A
CURVE TO THE RIGHT 157.08 FEET, SAID CURVE HAVING A RADIUS OF 150.00 FEET
AND A . CHORD BEARING OF S32020135"W 150.00 FEET, THENCE S62020135"W 82.78
FEET, THENCE S27039'25"E 22.93 FEET, THENCE ALONG A CURVE TO THE LEFT
157.08 FEET, SAID CURVE HAVING A RADIUS OF 150.00 FEET AND A CHORD
BEARING OF S57039125"E 150.00 FEET, THENCE S87039525"E 83 .07 FEET, THENCE
S02020'35"W 161 .95 FEET, THENCE ALONG A CURVE TO THE RIGHT 79.51 FEET,
SAID CURVE HAVING A RADIUS OF 250.00 FEET AND A CHORD BEARING OF
S11027' 16"W 79. 18 FEET, THENCE S2003355815W 20.95 FEET, THENCE ALONG A
CURVE TO THE RIGHT 42.26 FEET, SAID CURVE HAVING A RADIUS OF 200.00 FEET
AND A CHORD BEARING OF S63022' 52"E 42. 18 FEET, THENCE S57019'4177E 108 .76
FEET, THENCE ALONG A CURVE TO THE LEFT 154. 13 FEET, SAID CURVE HAVING A
RADIUS OF 500.00 FEET AND A CHORD BEARING OF S66009' 32"E 153 .52 FEET,
THENCE S15000' 36"W 170.42 FEET, THENCE ALONG A CURVE TO THE RIGHT 337.43
FEET, SAID CURVE HAVING A RADIUS OF 250.00 FEET AND A CHORD BEARING OF
S53040136"W 312.39 FEET, THENCE N87039'25"W 346. 76 FEET, THENCE S02020135"W
138.36 FEET, THENCE N87017'40"W 530.91 FEET TO THE P.O.B. ; CONTAINING 26.87
ACRES MORE OR LESS.
t
` ~ City of Fayetteville
L
Staff Review Form
City Council Agenda Items �ZNaB ay37
or
Contracts ln§wn7 /rl
15-Apr-08
,R City Council Meeting Date
Jeremy Pate ) Planning Operations
Submitted By Division Department
Action Required:
R7_N 08-2937: (Mountain Ranch Ph III, 478): Submitted by Jorgensen & Associates for property located at the west portion of
Mountain Ranch Phase III, south of Phase I. The property is zoned RSF-4, Residential Single Family, 4 units per acre, and
contains approximately 26.9 acres. The request is to rezone the subject property to RSF-4, Residential Single Family, 4 units
per acre.
Action Required: n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
nla n/a n/a
Account Number Funds Used to Date Program / Project CategoryName
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
r� Previous Ordinance or Resolution # n/a
Department D rector Date Original Contract Date: n/a
Original Contract Number: n/a
City Attorney
Received in City Clerk's Office ENTERED
4 J,2r7-0
Finance and Internal Service Director Date
Received in Mayor's Office ENTT�
/ /a7 8
Mayor Date
Comments:
City Council Meeting of April 15, 2008
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations �p
From: Jeremy C. Pate, Director of Current Planning a
Date: March 25, 2008
Subject: Rezoning for Mountain Ranch Phase III (RZN 08-2937)
RECOMMENDATION
Staff and the Planning Commission recommended to approve rezoning the subject
property from RSF-4, Residential Single-Family, 4 units per acre to RSF-8, Residential
Single Family, 8 units per acre for approximately 26.9 acres located south of Persimmon,
cast of the future extension of Rupple Road.
BACKGROUND
The property is currently vacant and is planned for development of Phase 111 of the
Mountain Ranch Subdivision, containing approximately 26.87 acres. The applicant
proposes to rezone the subject property from RSF-4 to RSF-8 to allow for a single-family
neighborhood with more variety of building area and setback than those permitted within
the RSF-4 zoning district. Allowable uses for the RSF-8 zoning district are the same as
those for the RSF-4 zoning district, with single family dwellings by right and two-family
dwellings by conditional use; however, the zoning change would allow for a varied
lot/housing size within the same neighborhood, as the higher density would be
surrounded on two sides (north and east) by the RSF-4 zoning districts. This situation is
encouraged by the City' s Future Land Use Plan in areas that can support the growth with
adequate infrastructure.
This property is in an area that supports higher residential densities and residential
services, which include Mountain Ranch Apartments, the Boys and Girls Club, Rupple
Row, and Owl Creek School. 1-540 and other major transportation corridors and non-
residential support services are in close proximity to this property.
DISCUSSION
This item was heard at the regular Planning Commission meeting on March 24, 2008.
The Planning Commission voted 9-0-0 to recommend forwarding this rezoning request to
the City Council with a recommendation for approval .
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED 1N REZONING PETITION RZN 08-2937, FOR
APPROXIMATELY 26.9 ACRES, LOCATED SOUTH OF
MOUNTAIN RANCH PHASE I AND PERSIMMON STREET,
EAST OF THE FUTURE EXTENSION OF RUPPLE ROAD,
FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER
ACRE TO RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 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 RSF-4, Residential Single-Family, 4 units per acre
to RSF-8, Residential Single-Family, 8 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 12008.
APPROVED : ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
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EXHIBIT "B"
.RZN 08-2937
LEGAL DESCRIPTION: `(RSF-4 TO RSF-8)
PART OF THE SETA OF THE NEIA OF SECTION 13, T16N, R31 W IN WASHINGTON
COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE
SW CORNER OF SAID SEI /4, NEIA THENCE NO2020'3511E 1318.83 FEET, THENCE
S87011128"E 825. 16 FEET, THENCE S02020335"W 160.97 FEET, THENCE ALONG A
CURVE TO THE RIGHT 157.08 FEET, SAID CURVE HAVING A RADIUS OF 150.00 FEET
AND A CHORD BEARING OF S32020735"W 150.00 FEET, THENCE S62020135"W 82.78
FEET, THENCE S27039125"E 22.93 FEET, THENCE ALONG A CURVE TO THE LEFT
157.08 FEET, SAID CURVE HAVING A RADIUS OF 150.00 FEET AND A CHORD
BEARING OF S5703912573E 150.00 FEET, THENCE S8703912515E 83 .07 FEET, THENCE
S02020'35"W 161 .95 FEET, THENCE ALONG A CURVE TO THE RIGHT 79.51 FEET,
SAID CURVE HAVING A RADIUS OF 250.00 FEET AND A CHORD BEARING OF
SI 1027116"W 79. 18 FEET, THENCE S2003335811W 20.95 FEET, THENCE'ALONG A
CURVE TO THE RIGHT 42.26 FEET, SAID CURVE HAVING A RADIUS:OF 200.00 FEET
AND A CHORD BEARING OF S63022'52"E 42. 18 FEET, THENCE S57°I95417E 108.76
FEET, THENCE ALONG A CURVE TO THE LEFT 154. 13 FEET, SAID.CURVE HAVING A
RADIUS OF 500.00 FEET AND A CHORD BEARING OF S66009'32"E4053. 52 FEET,
THENCE S15°00'36"W 170.42 FEET, THENCE ALONG A.CURVE TO. TETE' RIGHT 337:43
FEET; SAID CURVE HAVING A RADIUS OF 250.00 FEET AND A CHORD BEARING OF
S53040'36"W 312.39 FEET, THENCE N87039'25"W 346.76 FEET, THENCEIS02°20' 35"_W
138.36 FEET, THENCE N87017540"W 530.91 FEET TO THE P.O.B.; CONTAINING 26.87
ACRES MORE OR LESS.
Taye e I PC Meeting of March 24, 2007
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 : Dara Sanders, Current Planner
THRU : Jeremy Pate, Director of Current Planning
DATE: * "a-�'«;--^., 'z9oe March 25, 2008
RZN 08-2937: (MOUNTAIN RANCH 111, 478): Submitted by JORGENSEN & ASSOC for
property located at THE W PORTION OF MOUNTAIN RANCH PHASE III, S OF PHASE I. The
property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 26.87
acres. The request is to rezone 26.9 acres of the subject property to RSF-8, Residential Single
Family, 8 units per acre.
Planner: Dara Sanders
BACKGROUND:
Property Description: The subject property is Mountain Ranch Phase III, zoned RSF-4, and contains
26.87 acres. It is located south of Mountain Ranch Phase I. This property is in an area that supports
higher residential densities and residential services, which include Mountain Ranch Apartments, the
Boys and Girls Club, Rupple Row, and Owl Creek School. Surrounding land use and zoning is
depicted in Table 1 .
TABLE 1 : SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North and East Single family residential RSF-4
South Residential Agricultural RSF- 1
West Vacant R-A
Proposal: The property is currently vacant for development of Phase III of the Mountain Ranch
Subdivision. The applicant proposes to rezone the subject property from RSF-4 to RSF-8 to allow for
a single-family neighborhood with reduced building setbacks ( 15 ' front, 5 ' side and rear) than those
permitted within the RSF-4 zoning district (25 ' front, 8' side, 20' rear). This would allow for a
varied lotthousing size within the same neighborhood. The higher density would be surrounded on
two sides (north and east) by the RSF-4 zoning districts.
Recommendation: Staff recommends approval of the rezoning based on findings stated herein.
Development on this site will be regulated by the city allowing for a uniform and consistent
development pattern. The higher density proposed in the interior of the Mountain Ranch Subdivision
would transition with surrounding RSF-4 lots to the north and east in the subdivision. The RSF-8
designation allows the potential for a more traditional form of development with narrow lots and
K:IReports110081PC Reports 106-March 241R%N 08-1937 (Mountain Rand IIQ.doc
homes closer to the street than would be allowed under a typical RSF-4 zoning. It also provides a
greater opportunity to provide a variety of lot and house sizes within the same development, creating
greater potential for an attainable housing product.
Public Comment: Staff has not received public comment.
INFRASTRUCTURE:
Streets: The site has access to Rupple Road and Powderhom Drive. Powderhom is currently
an improved two lane paved city street that was installed with Phase I of Mountain
Ranch. Rupple Road is constructed to the north property line of this development. hi
this area, Rupple is a 4-lane boulevard. Street improvements will be evaluated with
the proposed development.
Water: Public water is located along the property. There is an 8" water main stubbed out to
this property from Phase One of Mountain Ranch along Rupple and Powderhom
Drive. Water will need to be extended through the property mat the time of
development to meet the domestic and fire protection demands.
Sewer: Sanitary sewer is available to the site. There is an 8" sewer main stubbed out to this
property from Mountain Ranch Phase 1 along Powderhom Drive. Improvements to
the sewer system may be required dependent upon the demand placed by the
development. The capacity of the existing main may need to be studied at the time of
development
Drainage: Standard improvelnents and requirements for drainage will be required for the
development. This property is affected by the I00-year floodplain.
Fire: This property will be covered by Engine 7 located at 835 Rupple Road. It is 0.4 miles
from the station with an anticipated response time oft minutes. The Fire Department
anticipates that there will be 37 (24EMS- 13 Fire/other) calls for service, per year,
once this development is completed and maximum build out has occurred. The
Fayetteville Fire Department does not feel this development will affect our calls for
service or our response times.
Police: It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially alter the population density, create an undesirable increase in load on
police services, or create an undesirable increase in traffic danger and congestion.
CITY PLAN 2025 FUTURE LAND USE PLAN : City Plan 2025 Future Land Use Plan designates
this site as Residential Neighborhood Area. Rezoning this property to RSF-8 in the interior of the
Mountain Ranch Subdivision is compatible to the surrounding density of adjacent residential
development and consistent with the surrounding land uses. The RSF-8 zoning would allow for a
more traditional form of residential development with narrower lots and buildings closer to the street.
K:IRepora1200WC Reporrsl(16-Mardr 241R7N 08-2937 (Mountain Ranch 11I).Aoe
This would allow for a mix of lot sizes in an area that currently has a number of standard suburban
neighborhoods, consistent with the City Plan 2025 policies. .
RECOMMENDATION :
Staff recommends approval of the requested rezoning based on the findings herein.
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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 property is designated as Residential Neighborhood Area in City Plan 2025
Future Land Use Plan. The proposed RSF-8 zoning is consistent with the City's
land use planning objectives, principles and policies to encourage compatible
and livable neighborhoods indicated by the Residential Neighborhood Area
designation, providing compatible housing options within a traditional
neighborhood development.
The surrounding land to the north of the subject property has developed as
medium to high density single-family residential use. Staff finds that the
location of this property, adjacent to Rupple Road, south of Persimmon Street
(Collector Street) and surrounded by the RSF-4 zoning district to the north and
east, is an appropriate location for the proposed RSF-8 zoning.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Future development with the proposed zoning is justified in order to provide for
a variety of lot sizes and variation in development pattern 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.
K1Reports11008WC Report 106-March 141R7N 08-1937 (Mountain Ranch M).doc
Finding: The proposed -zoning will generate additional traffic on the surrounding street
system over the existing RSF4 zoning. This rezoning could yield additional
single family lots, subject to preliminary plat approval. Street improvements
will be reviewed as part of the Mountain Ranch III preliminary plat to account
for these additional vehicle trips.
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 the potential for a higher population
density in the area. However, this increase in single-family residences is
consistent with land use, zoning, and development patterns in the immediate
vicinity. Staff rinds that the proposed zoning would not create undesirable
impacts to public services, or a density that is incompatible with the
surrounding area, based on a review of infrastructure, existing land uses, and
the development potential of the property.
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;
Finding: It is feasible to develop the property under the RSF4 zoning classification.
However, this property is in an area that has the potential to support higher
residential densities and residential services. Staff finds that the proposal,
surrounded by the RSF-4 zoning district on two sides, is appropriate at this
location, as it will utilize the existing infrastructure and result in a single-family
neighborhood with a variety of housing choices.
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: Not applicable. Staff recommends in favor of the requested zoning.
K:IReporn12008NC Repora10h-March 241R7.N 08-2937 (Mounlorn Ranch 111).doc