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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