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Home My WebLink AboutOrdinance 5171 Doc ID : 012459930003 Tvoe : REL Recorded : 08/29/2008 at 11 : 17 : 38 AM Fee Amt : $25 . 00 Paoe 1 of 3 4ashinoton Countv . AR Bette 3tamos Circuit Clerk FS1e2008 -00028646 ORDINANCE NO, 5171 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 08-2900, FOR APPROXIMATELY 53.53 ACRES, LOCATED 0.5 MILE SOUTH OF HIGHWAY 62 WEST AND EAST OF HOLLAND DRIVE FROM R-A, RESIDENTIAL AGRICULTURAL, TO RSF- 1 , RESIDENTIAL SINGLE-FAMILY, 1 UNIT 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- 1 , Residential Single-Family, 1 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. �RK%rRS PASSED and APPROVED this 19th day of August, 2008. ��•••�� Y GF •G�� APPROVED: ATTEST: ; fAYETTEVILLE; c. :ti -sy9R SP = sb kAN• . (3 ' 0. �;�•``% By: By: DAN COODY, ayor S NDRA E. SMITH, City Clerk/Treasurer a S ' {s't';re3T , •. . , . . . _ 1 `'1 F �1 a a - EXHIBIT "B" RZN 08-2900 SHARP ANNEXATION LEGAL - PART OF SOUTHPASS A PART OF THE SOUTHEAST QUARTER (SEI /4) OF THE NORTHWEST QUARTER (NW1 /4) AND A PART OF THE SOUTHWEST QUARTER (SWI /4) OF THE NORTHEAST QUARTER (NEI/4) OF SECTION 25, TOWNSHIP 16 NORTH, RANGE 31 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A POINT NORTH 02022'54" EAST 997.92 FEET FROM THE SOUTHWEST CORNER OF THE SEIA OF THE NWIA OF SAID SECTION 25; THENCE SOUTH 87°49'29" EAST 1328.22 FEET; THENCE NORTH 02010'31 " EAST 313 .33 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID 25- 16-31 ; THENCE SOUTH 88013'52" EAST 1317.99 FEET; THENCE SOUTH 02°36'53 " WEST 1332.74 FEET TO THE SOUTH LINE OF SAID 40 ACRE TRACT; THENCE NORTH 87°45'45" WEST 1307.74 FEET; THENCE NORTH 01 °38'46" EAST 399.05 FEET; THENCE NORTH 04036'44" EAST 86.77 FEET; THENCE NORTH 88°05'55" WEST 895 . 11 FEET; THENCE NORTH 19016' 17" WEST 13 .40 FEET; THENCE NORTH 36016' 19" WEST 300.00 FEET; THENCE NORTH 26056' 19" WEST 170.00 FEET; THENCE NORTH 15°56' 19" WEST 29.30 FEET; THENCE SOUTH 42°00'30" WEST 148.95 FEET; THENCE SOUTH 64°33'07" WEST 36.61 FEET; THENCE NORTH 02°13' 17" EAST 179.28 FEET; THENCE NORTH 86042'23" WEST 22.36; THENCE NORTH 02°22'54" EAST 55 .00 FEET TO THE POINT OF BEGINNING, CONTAINING 53 .53 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 08/29/2008 11 : 17:38 AM and recorded in Real Estate File Number 2008-00028 4 Bette Stamps - Circui r by 5/71 RECEIVED JUL 312008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE CENTRE FOR DESIGN kgFp LANDSCAPE ARCHITECTURE I PIANNIND I CIVIL ENCINEERIN6 August 1, 2008 City of Fayetteville Planning Division 125 W. Mountain St. Fayetteville, AR 72701 Re: Sharp Property — Rezoning - Appeal of Planning Commission denial Mr. Pate: On behalf of Mr. Sharp we wish to appeal the City of Fayetteville Planning Commissions decision to deny the RSF- I rezoning request to the Fayetteville City Council. Respectfully Submitted, Todd Jacobs Director of gn Appian Centre for Design 217 East Dickson Street, Suite 104 Fayetteville, Arkansas 72701 Office: 479-442- 1444 R City Council Meeting of August 19, 2008 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: July 31 , 2008 Subject: Rezoning for Frank Sharp (RZN 08-2900) RECOMMENDATION Planning staff recommend approval of the subject rezoning request for approximately 53 .53 acres of property located south of State Highway 62 West on the east side of Holland Drive. The Planning Commission voted 4-2 with Commissioners Anthes and Cabe voting `No' to the requested rezoning. The rezoning was therefore denied by the Planning Commission and has been appealed by the applicant. BACKGROUND The subject property contains 53 .53 acres and is located south of State Highway 62 (6a' Street) and east of Holland Drive. The property is undeveloped wooded hillside, accessed from Highway 62. The property is surrounded by undeveloped and rural- residential property. The subject property is adjacent to property in the City to the north, and adjacent to the 910-acre SouthPass property to the southeast. DISCUSSION This item was heard at the regular Planning Commission meeting on July 28, 2008. The Planning Commission voted 4-2-0 (Commissioners Anthes and Cabe voting `No') to recommend forwarding this rezoning request to the City Council. As rezonings require a minimum of five positive votes to be forwarded to City Council, the request was denied by the Planning Commission and has been appealed by the applicant. The Planning Commissioners that voted no discussed that a lower density of RSF-0.5 would be more appropriate on this property given the low density of surrounding area and given the environmental resources on the site. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 08-2900, FOR APPROXIMATELY 53 .53 ACRES, LOCATED 0.5 MILE SOUTH OF HIGHWAY 62 WEST AND EAST OF HOLLAND DRIVE FROM R-A, RESIDENTIAL AGRICULTURAL, TO RSF- 1 , RESIDENTIAL SINGLE-FAMILY, 1 UNIT 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- 1 , Residential Single-Family, 1 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 EXHIBIT vo 1 RZN08-2900 FRANK Close Up View PROPERTYSUBJECT m _ Ps e � R L _ d S® a ' e csno by $ XD . -.. .. am overview 0 225 4 9 Ps _ � s / e i p. t 450 • . . EXHIBIT "B" RZN 08-2900 SHARP ANNEXATION LEGAL - PART OF SOUTHPASS A PART OF THE SOUTHEAST QUARTER (SE'/4 ) OF THE NORTHWEST QUARTER (NW%) AND A PART OF THE SOUTHWEST QUARTER (SW'/4) OF THE NORTHEAST QUARTER (NE'/4) OF SECTION 25, TOWNSHIP 16 NORTH , RANGE 31 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT NORTH 02022'54" EAST 997.92 FEET FROM THE SOUTHWEST CORNER OF THE SE% OF THE NW'% OF SAID SECTION 25; THENCE SOUTH 87°49'29" EAST 1328.22 FEET; THENCE NORTH 02010'31 " EAST 313.33 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID 25- 16-31 ; THENCE SOUTH 88° 13'52" EAST 1317.99 FEET; THENCE SOUTH 02°36'53" WEST 1332.74 FEET TO THE SOUTH LINE OF SAID 40 ACRE TRACT; THENCE NORTH 87°45'45" WEST 1307.74 FEET; THENCE NORTH 01 038'46" EAST 399.05 FEET; THENCE NORTH 04°36'44" EAST 86.77 FEET; THENCE NORTH 88005'55" WEST 895. 11 FEET; THENCE NORTH 19° 16' 17" WEST 13.40 FEET; THENCE NORTH 36° 16' 19" WEST 300.00 FEET; THENCE NORTH 26°56'19" WEST 170.00 FEET; THENCE NORTH 15°56' 19" WEST 29.30 FEET; THENCE SOUTH 42°00'30" WEST 148.95 FEET; THENCE SOUTH 64°33'07" WEST 36.61 FEET; THENCE NORTH 02013'17" EAST 179.28 FEET; THENCE NORTH 86°42'23" WEST 22. 36; THENCE NORTH 02022'54" EAST 55.00 FEET TO THE POINT OF BEGINNING, CONTAINING 53.53 ACRES, MORE OR LESS. 1C Taye eviPC Meeting of July 28, 2008 ARKANSAS THE CITYOF FAYETTEVILLE, ARKANSAS 125 Mountain Fayetteevv Mountain AR 7270101 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: July '� 'mow Updated July 31, , 2008 RZN 08-2900: (FRANK SHARP, 631/632): Submitted by APPIAN CENTER FOR DESIGN for property located S OF HWY. 62W. The property is in the Planning Area and contains approximately 53 .53 acres. The request is to rezone the subject property to RSF- 1 , RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE. Planner: Andrew Gamer BACKGROUND: Property description: The subject property contains 53 .53-acres and is located south of State Highway 62 (6° Street) and east of Holland Drive. The property is undeveloped wooded hillside. Surrounding land uses and zoning is depicted in Table 1 . Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped/Rural Residential Planning Area/R-A South Single Family Residential Planning Area East Undeveloped Planning Area West Rural Residential Planning Area Proposal: The property is proposed to be annexed into the City. Should it be annexed it would automatically be assigned the R-A, Residential Agricultural zoning classification. If annexed, the applicant proposes to rezone the property from R-A, Residential Agricultural to RSF- 1 , Residential Single-family, 1 Units per Acre. RECOMMENDATION: Staff recommends forwarding the rezoning request to the City Council with a recommendation of approval based on findings stated herein. The proposed zoning would be compatible with adjacent zoning and land uses, as well as the future land use plan for a low-density residential development pattern within this area, while removing some of the potentially objectionable agricultural uses. K. Weports120081PC Reportsll4 - July 281RZN 08-2900 (FranGSharp).doc PLANNING COMMISSION ACTION: ', .Required YES Date: July 28, 2008 ❑ Approved . ❑ Forwarded X Denied Motion: Graves (motion to forward) Second: Cabe Vote: 4-2-0 (Commissioners Anthes and Cabe voting `No') CITY COUNCIL ACTION: Required YES ❑ Approved 0Denied3 Date: August 19,2008 (V reading if recommended) INFRASTRUCTURE: Streets: The property has frontage on Holland Drive (a collector street) and Wolfdale Road (local street). Both of these roads are currently un-improved two lane roads. Street improvements will be evaluated at the time of development. Water: Public water is not available to this site. The nearest water is a 6-inch water main at Wolfdale Road which is about 1 ,000 feet to the south of the property. The capacity of the existing main may need to be studied at the time of development. Sewer: Sanitary sewer is not available to the site. The nearest sewer is a 6-inch sewer main at Holland Drive and Holsten which is about 1 ,600 feet to the north of this property. 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. Fire: The subject property is located approximately 3.5 miles from Engine 6 located at 900 South Hollywood with a projected response time of 7 minutes. The Fire Department discussed that along with the SouthPass development that is adjacent to the southeast corner of the subject property, that this annexation/rezoning will affect response times along with calls for service in this part of the city. The developers of SouthPass have expressed interest reserving a suitable location for a fire department within their development that would address this concern. 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. CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates this site as a Rural Area and Natural Area, which includes lands with limited development potential due to an environmental resource and requires conservation and preservation in any development pattern. Infrastructure is only available to serve low-density development patterns. K:IRepor0 20081PC Reporu1 t 4 - July 28WN 08-2900 (FrankSharp).doc 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 an Natural Area and Rural Area in the City Plan 2025 Future Land Use Plan. These designations include lands with limited development potential due to topography, hydrology, vegetation or its value as an environmental resource. This area requires conservation and preservation in any development pattern. These areas only have infrastructure and public services to support low-density zoning. The proposed RSF-1 zoning would allow for a maximum of 53 new single family homes on this wooded hillside. This area south of Fayetteville was designated as a Natural Area and Rural Area for preservation and conservation of the mountains and densely forested areas. The proposed RSF-1 zoning is generally consistent with the Future Land Use Plan designation of the property to allow for low density residential uses. Under Washington County zoning requirements that currently apply, this property could develop at one unit per acre, the same density as the proposed RSF-1 zoning. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the rezoning is justified at this time. If the property is annexed into the City it would automatically be assigned a classification of R-A. The R- A classification allows for one unit every two acres and would be a down-zone from the current Washington County zoning. The proposed RSF-1 zoning would allow for one unit per acre which would be the same density as currently allowed, while removing potentially objectionable agricultural uses. 3 . A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning to RSF-1 would create an increase in traffic compared with that allowed under the R-A zoning district applied to lands annexed into the City. However the proposed zoning would not be an increase in traffic compared with the current allowed density of one unit per acre in Washington County. Street improvements would be evaluated if the property is ever proposed for development. 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. K:IReporUU0081PC Repor1t114 - July 28WZN 08-2900 (FrankSharp).do i Finding: A zoning classification of RSF-1 will allow slightly more housing units to be permitted than under the R-A zoning district automatically assigned upon annexation. However, the density is not an increase over that currently allowed under Washington County zoning. Increased loads 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; Finding: N/A 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:IRepons12 OWC Reponsll4 - July 286RZN 08-2900 (FrankSharp).do CHAPTER 161: ZONING REGULATIONS 161.01 Application of District Regulations Minimum regulations/exceptions. The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly for each class or kind of structure or land, except as hereinafter provided: (A) General. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it was located. (B) Limitations. No building or other structure shall hereafter be erected or altered: (1) Height/bulk. To exceed the height or bulk; (2) Number of units. To accommodate or house a greater number of units; (3) Lot area. To occupy a greater percentage of lot area; (4) Setback/open spaces. To have narrower or smaller rear setbacks, front setbacks, side setbacks, or other open spaces than herein required; or (5) Other. In any other manner contrary to the provisions of this chapter. (C) Independent compliance. No part of a setback, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a setback, open space, or off-street parking or loading space similarly required for any other building. (D) Effective date. No setback or lot existing on June 29, 1970, shall be reduced in dimension or area below the minimum requirements set forth herein. Setbacks or lots created after June 29, 1970, shall meet at least the minimum requirements established by this chapter. (E) Annexation. All territory which may hereafter be annexed to the city shall be considered to be in District A-1 until the territory is rezoned as provided herein. (F) Measuring setbacks. (1) Front. Measured from the street right-of- way, or street right-of-way setback as required by the Master Street Plan. (2) Side. Measured from the side property line. (3) Rear. Measured from the rear property line. (4) Comer. A comer lot has two fronts and two sides. (G) Conditional Uses. These uses are permissible if approved by the Planning Commission. See Chapter 163, Use Conditions. (Code 1965, App. A., Art. 3; Ord. No. 1747, 6-29-70; Code 1991, §160.016: Ord. No. 4100, §2 (Ex. A), 6-16-98) 161.02 Certificate Of Zoning Compliance (A) Required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered, or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefore by the Zoning and Development Administrator stating that the proposed use of the building or land conforms to the requirements of this chapter. (B) Nonconforming use/structure. No non- conforming structure or use shall be renewed, changed, or extended until a certificate of zoning compliance shall have been issued by the Zoning and Development Administrator. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this chapter. The Zoning and Development Administrator shall maintain a record of all certificates of zoning compliance, and a copy shall be furnished upon request to any person. (C) Authorized construction/use. Certificates of zoning compliance issued on the basis of plans and applications approved by the Zoning and Development Administrator authorize only the use, arrangements, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. CD161:3 (Code 1965, App. A., Art. 9(3), (5); Ord. No. 1747, 6-29-70; Code 1991, §§160.192, 160.194; Ord. No. 4100, §2 (Ex. A), 6-16-98) Cross reference(s)—Enforce t Ch. 153. 161.03 District R -A, Residential - Agricultural C1 C] (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of ordery growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted uses Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use perniit Unit 4 - Cultural and recreational facilities Unit 5 .- Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Ii Units per acre I One-half (0) Bulk and area regulations. Lot width minimum 200 ft. Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres E) Setback requirements. Front Side Rear 35 ft. 20 ft. 35 ft. (F) Height requirements. There shall be no maximum height limits in the A-1 District, provided, however, that any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required setback lines. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 5028, 6-19-07; Ord. 5128, 4- 15-08) 161.04 District RSF-.5, Residential Single -Family — One Half Unit Per Acre (A) Purpose. A district having single-family detached residences on lots with a minimum size of two acres and a maximum gross density of approximately one-half unit per acre. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities. Unit 5 Government facilities - - - Unit 24 Home occupations . - ' - - - Unit 36 Wireless communications facilities (C) Density. 1 Units per acre I One-half (approximately) (D) Bulk and area regulations. Lot width minimum 200 ft. Lot area minimum 71,438 S . Ft. Land area per dwelling unit 71,438 S . Ft. (E) Setback requirements. Front Side Rear 35 ft. 20 ft. 35 ft. CD161:4 (F) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (G) Building area. None (Code 1991, §160.043; Ord. No. 3792, §4, 5-17-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4858, 4-18-06; Ord. 5028, 6-19-07; Ord. 5128, 4-15-08) 161.05 District RSF-1, Residential Family — One Unit Per Acre Purpose. A district having single-family detached residences on lots with a minimum size of one unit per acre. The district is designed to permit and encourage the development of very low density detached dwellings in suitable environments, as well as to protect existing development of these types. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 24 Home occuations Unit 36 Wireless communications facilities Units per acre I1 Lot width minimum 150 ft. Lot area minimum 35,720 Sq. Ft. Land area per dwelling unit 35,720 Sq. Ft. Front Side Rear 35 ft. 20 k. 35 ft. Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (Code 1965, §160.44; Ord. No. 3792, §4, 5-17-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. 4858, 4-18-06; Ord. 5028, 6- 19-07; Ord. 5128, 4-15-08) 161.06 District RSF-2, Residential Single - Family —Two Units Per Acre Purpose. To provide a single-family dwelling transition zone between single-family neighborhoods that have developed with larger lot sizes (one acre and over) and areas that have developed with smaller lot sizes (8,000 sq. ft.), and to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities • �. Unit 24 Home occupations t.-'.. SY Unit 36 Wireless communications facilities Ii Units er acre 12 - Lot width minimum 100 ft. Lot area minimum 17,860 Sq. Ft. Land area per dwelling unit ,17,860 Sq. Ft. Front Side Rear 30 ft. 15 ft. 30 ft. Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. E7 Date 1/30/08 Jeremy Pate Zoning and Development Director City of Fayetteville 113W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, This document is in response to the request for a determination of whether the proposed RZN 08-2900: (Frank Sharp 631/632?) Submitted by Appian Center for Design for property located S. of HWY 62W would substantially alter the population density and thereby undesirably increase the load on public services and create an appreciable increase in traffic danger and congestion. The property contains approximately 53.53 acres. It is the opinion of the Fayetteville Police Department that this RZN will not substantially alter the population density, and will not create an appreciable or undesirable increase in the load on police services. This RZN will not create an appreciable increase in traffic danger and congestion. Sincerely, Captain William Brown Fayetteville Police Department Engineering Division comme s — Matt Casey ANX 08-2899: (FRANK SHARP, 631 /632?): Submitted by APPIAN CENTER FOR DESIGN for property located S OF HWY 62W. The property is in the Planning Area and contains approximately 53.53 acres. The request is to annex the subject properties into the City of Fayetteville. Planner. Andrew ZN 08-2900: (FRANK SHARP, 631 /632?): Submitted by APPIAN CENTER FOR DESIGN for property located S UF uw y. o2W. The property is in the Planning Area and contains approximately 53.53 acres. The request is to rezone the subject property to RSF-1, RESIDENTIAL SINGLE FAMILY, I UNIT PER ACRE. Planner: Andrew Garner Public water is not available to this site. •The nearest water is a 6" water main at Wolfdale Rd. which is about 1,000 feet to the south of this property. The capacity of the existing main may need to be studied at the time of development Sanitary sewer is not available to the site. The nearest sewer is a 6" sewer main at Holland Dr. and Holsten which is about 1,600 feet to the north of this property. 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 The site has access to Holland Drive and Wolfdale Road. Both are currently un-improveJlane Street improvements will be evaluated with the proposed development.Standard improvements and requirements for drainage will be required for the developm property is not affected by the 100 -year floodplain. ANX 08-2897: (SOUTH PASS DEVELOPMENT, 632): Submitted by APPIAN CENTER FOR DESIGN for property located WEST OF I-540 AND SOUTH OF HWY 62W. The property is in the Planning Area and contains approximately 825.00 acres. The request is to annex the subject properties into the City of Fayetteville. Planner: Andrew Gamer R-PZD 08-2898: Planned Zoning District (SOUTH PASS DEVELOPMENT, 632): Submitted by APPIAN CENTER FOR DESIGN for property located WEST OF I-540 AND SOUTH OF HWY 62W AND NW OF CATO SPRINGS ROAD. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 910.36acres. The request is for review of a Zoning and Land Use approval only request for a Residential Planned Zoning District. Planner: Andrew Garner Public water is located adjacent to the site. There is an 8" water main along Cato Springs Road. There are also water storage tanks located on this site that are fed by a 30" transmission main. The capacity of the existing system will need to be studied at the time of development Sanitary sewer is not available to the site. Off -site improvements will be required to bring sewer to this site. Improvements to the existing 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. The site has access to Cato Springs Road. Cato Springs Road is currently an improved two lane paved state highway. Street improvements will be evaluated with the proposed development. Standard improvements and requirements for drainage will be required for the development. This property is not affected by the 100 -year floodplain. •) Fayetteville Fire Department ANX 08-2899: (FRANK SHARP, 631/632?): Submitted by APPIAN CENTER FOR DESIGN for property located S OF HWY 62W. The property is in the Planning Area and contains approximately 53.53. acres. The request is to annex the subject properties into the City of Fayetteville. (FRANK SHARP, 631/632?): Submitted by APPIAN CENTER FOR DESIGN for property located S OF HWY. 62W. The property is in the Planning Area and contains approximately 53.53 acres. The request is to rezone the subject property to RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE. This property will be covered by Engine 6 located at 900 S Hollywood. It is approximately 3.5 miles from the station with an anticipated response time of 7 minutes. The Fire Department anticipates 9 (6 EMS -3 Fire/other) calls for service once the development is completed and maximum build out has occurred. The Fayetteville Fire Department feels that along with the South Pass Development that joins this property that this will affect our response times along with our calls for service in this part of the city. The developers of Southpass have expressed interest in helping us locate a suitable location for a fire department within their development. ANX 08-2897: (SOUTH PASS DEVELOPMENT, 632): Submitted by APPIAN CENTER FOR DESIGN for property located WEST OF I-540 AND SOUTH OF HWY 62W. The property is in the Planning Area and contains approximately 825.00 acres. The request is to annex the subject properties into the City of Fayetteville R-PZD 08-2898: Planned Zoning District (SOUTH PASS DEVELOPMENT, 632): Submitted by APPIAN CENTER FOR DESIGN for property located WEST OF 1-540 AND SOUTH OF HWY 62W AND NW OF CATO SPRINGS ROAD. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 910.36acres. The request is for review of a Zoning and Land Use approval only request for a Residential Planned Zoning District. This property will be covered by Engine 6 located at 900 S Hollywood. It is approximately 2.2 miles from the station with an anticipated response time of 5 mirdutes to the start of this development and approximately 7 minutes to the northern most property line once the roads are put in place and build out has occurred. Based on the 3666 total units within this development, the Fire Department anticipates 608 (387 EMS -221 Fire/other) calls for service once the development is completed and maximum build out has occurred. The Fayetteville Fire Department feels that this development will affect our response times along with our calls for service in this part of the city. The number of residents in this development alone with put us in one of our trigger points for expansion. The developers have expressed interest in helping us locate a suitable location for a fire department within their development. If you have any questions concerning these comments please don't hesitate to call me .% Rya Captain, Fayetteville Fire Department PLANNING LANDSCAPE ARCHITECTURE URBAN DESIGN ENGINEERING APPIAN CENTRE FOR DESIGN January 16, 2008 City of Fayetteville Planning Division 125 W. Mountain St. Fayetteville, AR 72701 Re: Zone Change Application Frank Sharp/Sharpridge Trust Property Fayetteville, Arkansas To Whom It May Concern: Please consider the attached request for zone change of the approximately 53.3 acres of property owned by Frank Sharp/Sharpridge Trust from rural residential/agricultural in Washington County to RSF- 1. The property is currently pending annexation into the corporate limits of the City of Fayetteville. This application is for 5 individually recorded parcels, all of which are under the ownership of Frank and Sara Sharp, the Frank Sharp Trust, and Frank Sharp as the trustee of the Sharpridge Trust. There are currently no proposed or pending sales of the property in question. This zone change is being requested concurrently with a request for annexation into the City of Fayetteville, and is necessary to establish zoning on the property within the City of Fayetteville. If approved RSF- I, the property will be similar to the adjoining properties in that it will continue to be used as low -density, rural property. The adjoining land uses include rural residential/agricultural in Washington County and properties zoned R -A within the City of Fayetteville. As a low -density rural property, the impact on surrounding properties with respect to traffic, land use, appearance, and signage will be negligible, and the subject property will remain harmonious with the surrounding land uses. Water and sewer is not currently available to the property, except that such service is provided to an adjacent property within the City of Fayetteville corporate limits also owned by Mr. Sharp. No development is being contemplated at this time that would require service from the City of Fayetteville or other utility providers. This request is consistent with land use planning objectives, principles, and policies and with land use and zoning plans due to the fact that the proposed zoning will be consistent with the surrounding land use and will not result in a use that will adversely affect or exist inharmoniously with surrounding properties. For these reasons, this request is also justified at this time. As stated earlier, this proposal will negligibly affect traffic danger and congestion associated with adjacent and nearby infrastructure. Since this request is for a very low density zoning on the property, population density and undesirable impacts on public services including schools and utility infrastructure will also be negligible. Finally, the property in question is only suited to residential use; the terrain, soil types, and timber cover render the property unsuitable for agriculture. The property lacks the required infrastructure needed for any type of commercial or industrial enterprise, and should, therefore, be considered under a residential zoning classification. Respectfully R6sign Team Leader Appian Center for Design 479.442-1440 40 RZN08-2900 Close Up View I SI Overview a FRANK SHARP 900 1,350 1 RZN08 2900 FRANK SHARP One Mile View RPZD RPZD RMF-24 - rHA ,ARK LN RAF -24 z �Ai , �.. RPZD 54.100.,4 O"2 ALBERTA Sr RIL34 a w rc 's C 1 to 04 �gi a u J R$f., -J$ ,�FF,, C-1 CANARYDR bi a w m �S R# RSF4RR12 ,n Z RPZD E a w n zRMF210F R G2 RO F.�T "' LSON ST a t R A RMF.2 Q U 'J w 2 �G2�Ai '43 W W z yiN < C-1 tH P0 t C2 G CPzD SFY. R08 ROB ST I DHSS 1 SPOKANE ,-RFF-24 R -A r RD U ¢ C-2 R# CP2O _n iNy MARVEL St AVE m i ST S rPC \P a E!H y� w a V VV p N,PMSA NpiN 5! R# RAF -24 <RSF-0 RSFd r p1PNµt0.C RSF- RSFi tP" J41'�A`F i tAP C 'q'F s RSF-4 w FF < 0 Dti MAIN ST RD FARMINGT P�-_�MQ RALSTON SUBJECT PROPERTY "�" ASH ST I NEAL ST NEAL ST )OE ST I 1--- I EDAR V Iz GLEN ST 1W -- TER ST m TERRY ST !g I.T Overview Legend Boundary Subject Property Planning Area RZN08-2900 Overlay District outside City Legend = Hillside -Hilltop O erlay District 0 0.25 0.5 1 Mies From: Clarice Pearman To: Pate, Jeremy Date: 8.25.08 1:07 PM Subject: Ords. 5167, 5169, 5170, 5171 Attachments: 5170 ANX 08-2899 Frank Sharp.pdf; 5169 VAC 08-3042 UofA Research Center.pdf ; 5167 R-PZD 08-2980 Markham Hill Cottage Courts.pdf; 5171 RZN 08-2900 Fran k Sharp.pdf CC: Audit; GIS Jeremy: Attached are the ordinances passed by City Council, August 19, 2008. Please let me know if there is anything else needed for these item. Have a good day. Thanks. Clarice NORTH WEST ARKANSAS EDITION • Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville Ordinance 5171 August 25, 2008 Publication Charge : $100.23 Subscribed and sworn to�before me This 2G day of 6 ti` , 2008. Notary Public �/ ,5LflflIL} My Commission Expires: %? 4 �� .2o Do not pay from Affidavit, an invoice will be sent