Loading...
HomeMy WebLinkAboutOrdinance 5204 Doc ID : 012640510003 Tvoe : REL Recorded : 12/31/2008 at 11 : 45 : 20 AM Fee Amt : 825 . 00 Pace 1 of 3 Mashinoton Countv . AR Bette Stamps Circuit Clerk Flle2008_00040433 ORDINANCE NO, 5204 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 08-3147, FOR APPROXIMATELY 7.20 ACRES, LOCATED AT 4081 AND 4084 CROSSOVER ROAD FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 UNITS PER ACRE AND R-O, RESIDENTIAL OFFICE. 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 and R-O, Residential Office, 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 16th day of December, 2008. ��,� .°��tY •OF'• Gp APPROVED: ATTEST: 4AYET7EVILLE; E By: By: t e'';riaT0_4, . DAN COODY, Mayor SO DRA E. SMITH, City C erk/Treasurer EXHIBIT vvxv HIM iMNW� � �ie ggg. � p $Gt Gx R CID •. aF7{ tai ^ eF �k" �€i RE gg at gg5 33 -• (f I / Ggg � � MAX I I i Vv DQE yy G a >NRgee ='m¢ 8� 3F '�e Ell Fit$ ' sk G^ a 9' yA xpRvt A�jUtmp a$ ka € u 41 RR x \art\ I 3 ^ 4mggp €^ . a _ > at . ate E RAE I { I o0O Get aal g$: s•a gg� k , a z R i - ga g H EXHIBIT "B" RZN 08-3147 R-A, Residential Agricultural to R-O, Residential Office LEGAL DESCRIPTION: PART OF SWI /4 OF THE SWIA OF SECTION 19, T17N, R29W, ALL IN WASHINGTON COUNTY, ARKANSAS; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SW CORNER OF SAID SWIA, SWIA THENCE N00010'35"W 983 .71 FEET, THENCE S89048122"E 260.79 FEET TO THE P.O.B., THENCE S0001 1 '38"W 194.90 FEET, THENCE S5404015211E 341 .29 FEET TO THE WEST RIGHT OF WAY LINE OF HIGHWAY #265, THENCE ALONG A CURVE TO THE RIGHT 15.73 FEET, SAID CURVE HAVING A RADIUS OF 1009.91 AND A CHORD BEARING OF N24055'56"E 15 .73 FEET, THENCE N2502214316E 416.58 FEET, THENCE LEAVING SAID WEST RIGHT OF WAY N89048'22"W 463 .00 FEET TO THE P.O.B. ; CONTAINING 2.70 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. R-A, Residential Agricultural to RSF-4, Residential Single-Family, 4 units/acre LEGAL DESCRIPTION : PART OF SWI/4 OF THE SWIA OF SECTION 19, T17N, R29W IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SW CORNER OF SAID SWIA, SWI /4 THENCE N00010'35"W 461 .25 FEET TO THE P.O.B., THENCE S89048'22"E 487.98 FEET TO THE WEST RIGHT OF WAY OF HIGHWAY #265, THENCE ALONG SAID RIGHT OF WAY ALONG A CURVE TO THE RIGHT 140.00 FEET, SAID CURVE HAVING A RADIUS OF 1009.91 FEET AND A CHORD BEARING OF N20030'52"E 139.89 FEET, THENCE LEAVING SAID RIGHT OF WAY N54040'52"W 341 .29 FEET, THENCE N0001113811E 194.90 FEET, THENCE N89048'22"W 260.79 FEET, THENCE S000101351tE 522.46 FEET TO THE P.O.B. ; CONTAINING 4.50 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. Washington County, AR I certify this instrument was filed on 12/31 /2008 11 :45:20 AM and recorded in Real Estate File Number 2008- 040433 Bette Stamps - Cir t erk by RECEIVED DEC 2 3 2008 q Yir^,,�n j'�^ {},� CITY OF FAYETTEVILLE .0 rIMMaS DeMoCrat ' C5aZette CITY CLERK'S OFFICE 1111� • • 91 I 1101 Ll a Northwest Arkansas Times 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 5204 December 20, 2008 Publication Charge : $ 112 .98 Signed : Subscribed and sworn to before me ThisaZday of 0,4t ,,,, heAA0 2008 . Notary Public __— —1=4 � My Commission Expires: .2ol.7. ' .Z H Do not pay from Affidavit, an invoice will be sentGOMM•AA v` " TARO ' N W. 4, 0 Y' tiroe. . >bni co.. RECEIVED DEC 2 3 2008 CITY OFFAYETTEVILLE CITY CLERK'S OFFICE ORDINANCE NO. 5204 i 1 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION LOCATED AT FOR APPROXIMATELY 7.20 ACRES, LOCATED AT 11 4081 AND 4084 CROSSOVER ROAD FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF4, RESI- DENTIALSINGLE-FAMILY, 4 UNITS PER ACRE AND ARKANSAS R-0, RESIDENTIAL OFFICE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ' ARKANSA& j Section 1: That the zone classification of the folkrwing described property is hereby changed as ' lows: From R-A, Residential Agricultural to RSF-4, Residential Single-Family, 4 units per acre and P.O. Residential Office, as shown On ExNbits 'A' and 'W allached hereto and made a pert hereof. Section 2: That the official zoning map M the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change pmvlded in Section 1 above. PASSED A11d APPROVED this 16th day of December, 2008. APPROVED: ATTEST: By: By: DAN GOODY, Meyw SONDRA E. SMITH, City Cierk/IMAfunr Exhibit -A- is a map and may be viewed in the once of the City Cteik/freasurer during normal busk ness hours. EXHIBIT'B' RZN 08-3147 R-A, Residential Agricultural to R-O, Residential Office LEGAL DESCRIPTION: PART OF SW1I4 OF THE SW1/4 OF SECTION 19, T17N, R29W, ALL IN WASHINGTON COUNTY, i ARKANSAS; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT I THE SW CORNER OF SAID SWI14, SWI/4 THENCE N005i0'35'W 983.71 FEET, THENCE S89°4922'E 260.79 FEET TO THE P.O.B., THENCE 600°I1'38'60190 90 FEET, THENCE 554040.52-E 34129 FEET TO THE WEST RIGHT OF WAY LINE OF HIGHWAY 0265, THENCE ALONG A CURVE ! TO THE RIGHT 15.73 FEET, SAID CURVE HAVING A RADIUSOF 1009.91 AND A CHORD BEARING OF N24.55'56-E 15.73 FEET, THENCE N25022'43'E 41658 FEE[ THENCE LEAVING SAID WEST ' RIGHT OF WAY NB9046'22'W 48300 FEET TO THE PO.B.; CONTAINING 2.70 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. i R-A, Residential Agricultural to RSF4. Residential SingleFamity, 4 unitslacre { LEGALDESCRIPTIOW PART OF SW114 OF THE SW1/4 OF SECTION 19, T17N, A29W IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SW1/4, SW1/4 THENCE N00°10'35`N 461.25 FEET TO THE ROB , r THENCE S89°48'221E 487.98 FEET TO THE WEST RIGHT OF WAY OF HIGHWAY $265. THENCE ' j ALONG SAID RIGHT OF WAY ALONG A CURVE TO THE RIGHT 140.00 FEET, SAID CURVE HAV, j ING A RADIUS OF 1DO9 91 FEET AND A CHORD BEARING OF N20'60'S2'E 139.89 FEET, THENCE 4 LEAVING SAID RIGHT OF WAY N54'40'5ZW 341.29 FEET, THENCE N00°71'38'E 194.90 FEET, THENCE N89°48'22W 260.79 FEET, THENCE SDO°10'35'E 522.46 FEET TOCOMAIN- ING 4.50 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAV OF RECORD. $s Of j> City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements fA , / 12/16/2008 City Council Meeting Date �yp Agenda Items Only Jeremy Pate` Planning Operations Submitted By Division Department Action Required: RZN 08-3147: (Naples/Crossover, 1387 Submitted by Jorgensen & Associates for property located at 4081 and 4084 Crossover Road. The property is zoned R-A, Residential Agricultural, and contains approximately 7.2 acres. The request is to rezone the subject property to RSF-4, Residential Single-Family, 4 units per acre, and to R-O, Residential Office. Cost of this request Category / Project Budget Program Category / Project Name Account Number Funds Used to Date Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached 0B Previous Ordinance or Resolution # Department Director Date cc Original Contract Date: Original Contract Number: City Attorney Date Received in City 7P. 1_ 6a Clerk's Office Finance and Internal Service Director Date Received in i Mayor's Office Mayor I Date Comments: Revised April 16, 2007 City Council Meeting of December 16, 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: November 25, 2008 Subject: Rezoning for Naples (RZN 08-3147) RECOMMENDATION Staff and the Planning Commission recommend approval of rezoning the subject property from R-A, Residential Agricultural to RSFA, Residential Single-Family, 4 units/acre and R-O, Residential Office located at 4081 and 4084 Crossover Road. BACKGROUND The subject property is located on Crossover Road, south of the Zion/Crossover Road intersection and the Youth Bridge facility, a youth counseling center. The 7.2 acre property contains two existing single-family structures. On November 1 , 2007, the Subdivision Committee approved the applicant's request (LSP 07-2772) to divide the property into Lots 1 and 2 of 2.72 and 4.48. acres respectively, contingent upon City Council approval of a rezoning request for Lot 2, as the created lot does not meet the frontage requirements of the R-A zoning,district. The applicant proposes to rezone Lot 2 (4.5 acres) from R-A, Residential Agricultural to RSFA, Residential Single-Family, 4 units/acre, in order to bring the property into compliance with the bulk and area requirements and to record the approved lot split. Upon staff's recommendation, the applicant also proposes to rezone Lot 1 (2.27 acres) from R-A; Residential Agricultural to R-O, Residential Office, as this lot is intended to accommodate an expansion of the existing Youth Bridge facility. Staff finds in favor of the zoning request, finding that the proposed zoning would be compatible with adjacent zoning, existing and approved surrounding developments, and the future land use plan to provide low intensity nonresidential uses to serve the surrounding residential uses. The R-A zoning district requires a minimum of 200 feet of street frontage for one single-family dwelling. For this property, containing 2 single- family dwellings, a minimum of 400 feet of street frontage is required. Rezoning Lot 1 to R-O and Lot 2 to RSFA will allow the property owner to record the approved lot split plat, expand an existing and compatible public health facility serving the community, and continue to utilize Lot 2 as low-density, single-family residential. Staff also finds that this undeveloped property, with frontage on a Principal Arterial Parkway carrying high volume and relatively high speed traffic, is more appropriate to be used for a higher intensity use instead of the currently designated low-density/agricultural use. City Council Meeting of December 16, 2008 Agenda Item Number DISCUSSION This item was heard at the regular Planning Commission meeting on November 10, 2008. The Planning Commission voted 8-0-0 to forward this rezoning request to the City Council with a recommendation for approval. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 08-3147, FOR APPROXIMATELY 7.20 ACRES, LOCATED AT 4081 AND 4084 CROSSOVER ROAD FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 UNITS PER ACRE AND R-O, RESIDENTIAL OFFICE. 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 and R-O, Residential Office, 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 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A"{ 4 R _ _ !P F41 - - - a §nn q o FA:tA :, ' . v F „ k E 56x : on r Olt tcl Egli R \ " '-a RAY 4 > Iii* = z€ .3._ . rIt 'el I I I a0oeoo g=moi 'g4. : 1 ? , � D „•,.,, y • ur,. .,.. ^.....�„ ���.x ,�..,.r . x Ali f EXHIBIT "B" RZN 08-3147 R-A, Residential Agricultural to R-O. Residential Office LEGAL DESCRIPTION: PART OF SWI /4 OF THE SWI/4 OF SECTION 19, T17N, R29W, ALL IN WASHINGTON COUNTY, ARKANSAS; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SW CORNER OF SAID SWI /4, SWIA THENCE N00010'35"W 983 .71 FEET, THENCE S8904812211E 260.79 FEET TO THE P.O.B., THENCE S0001 1 '38"W 194.90 FEET, THENCE S54040'5211E 341 .29 FEET TO THE WEST RIGHT OF WAY LINE OF HIGHWAY #265, THENCE ALONG A CURVE TO THE RIGHT 15.73 FEET, SAID CURVE HAVING A RADIUS OF 1009.91 AND A CHORD BEARING OF N24055'56"E 15.73 FEET, THENCE N2502214311E 416.58 FEET, THENCE LEAVING SAID WEST RIGHT OF WAY N89048'22"W 463 .00 FEET TO THE P.O.B.; CONTAINING 2.70 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. R-A, Residential. Agricultural to RSF-4, Residential Single-Family, 4 units/acre: ' : LEGAL DESCRIPTION: PART OF SWI /4 OF THE SWI/4 OF SECTION 19, TI 7N, R29W IN WASHINGTON : . COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS , FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SWI /4, SWIA THENCE N00010'35"W 461 .25 FEET TO THE P.O.B., THENCE S89048'22"E 487.98 FEET TO THE WEST RIGHT OF WAY OF HIGHWAY #265, THENCE ALONG SAID RIGHT OF WAY ALONG A CURVE TO THE RIGHT 140:00 FEET, SAID CURVE HAVING A RADIUS OF 1009.91 FEET AND A CHORD BEARING OF N20030'52"E 139.89 FEET, THENCE LEAVING SAID RIGHT OF WAY N54040'52"W 341 .29 FEET, THENCE N00° 11 '38"E 194.90 FEET, THENCE N89048'22"W 260.79 FEET, THENCE S00°10'35"E 522.46 FEET TO THE P.O.B.; CONTAINING 4.50 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. Tayet" PC Meeting of November 24, 2008 125 W. Mountain St. THE CITY OF FAYETTEVILLE, ARKANSAS 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: November 10, 2008 Updated November 25, 2008 RZN 08-3147: (NAPLES / CROSSOVER, 138): Submitted by JORGENSEN & ASSOC for property located at 4081 AND 4084 CROSSOVER ROAD. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 7.20 acres. The request is to rezone the subject property to RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and R-O, Residential Office. Planner: Dara Sanders BACKGROUND: Property Description and History: The subject property is located on Crossover Road, south of the Zion/Crossover Road intersection and contains approximately 7.2 acres. There are two existing single-family structures at the west side of the property. In 2007, the applicant submitted a request to divide the subject property into Lots 1 and 2 of 2.72 and 4.48 acres, respectively, leaving the two existing single-family dwellings on Lot 2. On November 1 , 20071 the Subdivision Committee approved the applicant's request (LSP 07-2772) contingent upon City Council approval of a rezoning request for the property, as the created Lot 2 does not meet the frontage requirements of the R-A zoning district. In October of 2008, the Planning Division approved a one year extension of the lot split approval SURROUNDING LAND USE AND ZONING: Land Use Zoning North Commercial RMF-24, Residential Multiple-Family, 24 units/acre, R-O, Residential Office East Residential RMF-24, Residential Multiple-Family, 24 units/acre West, South Residential R-A. Residential , Agricultural Proposal: The applicant proposes to rezone Lot 2 from R-A, Residential Agricultural to RSF-4, Residential Single-Family, 4 units/acre, in order to bring the property into compliance with the bulk and area requirements and to record the approved lot split. Upon staff' s recommendation, the applicant also proposes to rezone Lot 1 from R-A, Residential Agricultural to R-O, Residential Office, as this lot is intended to accommodate an expansion of the existing Youth Bridge facility, a youth counseling center that offers out-patient therapy and emergency shelter for juveniles, located to K:IReports110081PC Rrmei.021-N'overnher 141R .V 08-3147 (Nap(es).doe the north of the subject property, which is currently zoned R -O, Residential Office. Public Comment Staff has not received public comment. Discussion: Staff finds in favor of the zoning request, finding that the proposed zoning would be compatible with adjacent zoning, existing and approved surrounding developments, and the future land use plan to provide low intensity nonresidential uses to serve the surrounding residential uses. The R -A zoning district requires a minimum of 200 feet of street frontage for one single-family dwelling. For this property, containing 2 single-family dwellings, a minimum of 400 feet of street frontage is required. Rezoning Lot I to R -O and Lot 2 to RSF-4 will allow the property owner to record the approved lot split plat, expand an existing and compatible public health facility, and continue to utilize Lot 2 as low -density, single-family residential. Staff also finds that this undeveloped property, with frontage on a Principal Arterial Parkway carrying high volume and relatively high speed traffic, is more appropriate to be used for a higher intensity use instead of the currently designated low-density/agricultural use. Should the rezoning request be approved, the applicant will be required to submit a development request for the property zoned R -O. At the time of development, staff will likely recommend that additional curb cuts be prohibited to Crossover Road and that the subject property be accessed by the existing driveway for the Youth Bridge development. RECOMMENDATION: Staff recommends forwarding the rezoning request to the City Council with a recommendation of approval based on findings stated herein and subject to the following condition of approval: PLANNING COMMISSION ACTION: Required :YES O Approved x .Forwarded U Denied Motion: Lack Second:. Winston Vote: 8 -0 -II • CITY COUNCIL ACTION: Requir&l YES O Approved• O Denied . Date: INFRASTRUCTURE: Streets: The site has access to Crossover Road. Crossover Road is a paved two lane state highway. This portion of highway is slated for future improvements by the City and the AHTD. Water: Public water is available to the property. There is an 8" main along the north side of the property. Water may need to be extended through the property at the time of K: (Reports 120081PC Reportsl22-November 241R/_N 08-3/47 (Naplec).doc development to provide domestic service and fire protection. Sewer: Sanitary sewer is available to the site. There is an 8" public on the north side of the property. Sewer may need to be extended through the property at the time of development. The capacity of the existing main may need to be evaluated at the time of development. Drainage: Standard improvements and requirements for drainage will be required for the development. This property is not affected by the 100 -year floodplain. Fire: Comments not received. Police: 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 may possibly create an appreciable increase in traffic danger and congestion. Crossover Road is a two lane, heavily traveled State highway. This may present an issue due to traffic volume entering and leaving the Naples area. CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates this site as City Neighborhood Area. FINDINGS OF THE STAFF 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: Staff finds that the proposed RSF-4 zoning is consistent with the City's land use and zoning plans. The subject property is surrounded by developments with higher density and intensity than the R -A and RSF-4 zoning districts. Staff also finds that the proposed R -O zoning is consistent with the City Neighborhood Area land use designation to encourage low intensity, nonresidential development. Staff finds that the request is consistent with the land uses and zoning districts located to the north of the subject property. The Zion/Crossover intersection is located approximately one-third of a mile to the north and is made up of a mixture of recreational, commercial, and institutional services. Staff also finds that this undeveloped property, with frontage on a Principal Arterial Parkway carrying high volume and relatively high speed traffic, is more appropriate to be used for a higher intensity use instead of the currently designated low-density/agricultural use. K.Wrporls12OO,8PPC Reports22-November241RT.N 08-3/47 (Naples). doe 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds the proposed zoning is justified, as the R -A zoning district requires a minimum of 200 feet of street frontage for one single-family dwelling. For this property, containing 2 single-family dwellings, a minimum of 400 feet of street frontage is required. Staff finds this amount to be excessive for property fronting onto Crossover Road at this location. Rezoning Lot 1 to R -O and Lot 2 to RSF-4 will allow the property owner to record the approved lot split plat, expand an existing and compatible public health facility, and continue to utilize Lot 2 as low -density, single-family residential. Staff also finds that the low -intensity uses allowed by the R -O zoning district would contribute services that are necessary for a sustainable neighborhood and for the Crossover/Zion commercial node located north of the subject property, should the property be developed or redeveloped for a business other than Youth Bridge. 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 and R -O. would create an increase in traffic compared with that allowed under the existing zoning. However, development of the R -O portion of the property will require development approval, at which time staff will carefully evaluate any additional curb cuts on Crossover Road and will likely recommend that the subject property be accessed by the existing driveway for the Youth Bridge development. Staff finds that the proposed zoning would not create or appreciably increase traffic danger and congestion. 5. 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: Staff finds 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 were taken into consideration and recommendations from the Engineering, Fire, and Police Departments are included in this report. K:IRepora120081RC Reportsl2LNorember 241RZN 08-3147 (Naples).doc 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: Not applicable. Staff recommends in favor of the requested zoning. 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:IReports12008V'C Reports 22 -November 24V2ZN 08-3/47 (Naples,-doc Date 10/30/08 Jeremy Pate Zoning and Development Director City of Fayetteville 113. W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, This document is in response to the request for a determination of whether the proposed RZN 08-3147: (Naples / Crossover, 138): Submitted by Jorgensen & Associates for property located at 4081 and 4084 Crossover Road 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 7.20 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 may possibly create an appreciable increase in traffic danger and congestion. Crossover Road is a two lane, heavily traveled State highway. This may present an issue due to traffic volume entering and leaving the Naples area. Sincerely, Captain William Brown Fayetteville Police Department Engineering Division Comments RZN 08-3147: (NAPLES / CROSSOVER, 138): Submitted by JORGENSEN & ASSOC for property located at 4081 AND 4084 CROSSOVER ROAD. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 7.20 acres. The request is to rezone the subject property to RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and R -O, RESIDENTIAL OFFICE. Planner: Data Sanders Public water is available to the property. There is an 8" main along the north side of the property. Water may need to be extended through the property at the time of development to provide domestic service and fire protection. Sanitary sewer is available to the site. There is an 8" public on the north side of the property. Sewer may need to be extended through the property at the time of development. The capacity of the existing main may need to be evaluated at the time of development. The site has access to Crossover Road. Crossover Road is a paved two lane state highway. This portion of highway is slated for future improvements by the City and the AHTD. Standard improvements and requirements for drainage will be required for the development. This property is not affected by the 100 -year floodplain. JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 City of Fayetteville 113 W. Maple Fayetteville, AR 72701 Attn: Dara Sanders Re: Rezoning of Naples Property Dear Dara; (479) 442-9127 • FAX (479) 582-4807 DAVID L. JORGENSEN, P.E., P.L.S. 9/24/08 Attached herewith please find the application, check, and supporting documents for the rezoning request for the Naples Property. As you know, the Planning Commission approved a lot split on this property on November 151, 2007 subject to a rezoning request. Since this lot split will expire on November 15`, 2008 we are requesting a one year extension on the lot split. In addition, we are now requesting a rezoning on the 4.50 acres which have two houses to RSF 4 and the remainder of the property R-0. We believe the RSF-4 request justified since it has two houses. The remaining property is located just south of Youth Bridge which is R-0 and we believe this R-0 request is justified. It is anticipated that the Youth Bridge or similar use will need this proposed R-0 property. Please call concerning any questions you may have. Thank you. Sincerely; 1.10 David L. Jot ensen, P.E. • STRUCTURAL DESIGN • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING • It £S3SflS x xl[ St .ca rpx l .nn-R(:,nwd cn 9 '^'9 r rTUS T ;A ; lx.]$ •^"�Y t ag�z �I Ea :_ -I a •1 I. • I• • //, ka . 1 / \ \ fE{ll _.\.._ w e --v4. .aa. pn as pp' y}xxp YT O£i�`tIN II N �1{n\ nTE 11 V^ •TfY 10 \3 L Y4 £Y n Annel•n < p20 t A �uA2Yvm �N 0:plj r'.t zmM1 il°r'�mFn g b mn pq °SRC ..„s2 C'3�a�R opY�xNV A �\ VV� }j � mal., nl laVN l ,Vl {IFEp t¢ i=aAZ�na�� ��nAl 1'ni � n^M•�2�uNY • m₹iB ilS" ':LF �A: Y.Ea. OO'T�n% emlS lE t tnr $l e n M1� ' a •T I p mN $a ym NN y� p l Tn nV SR n oa •^ems • !oLOIY IIN\ gan�R� oawAxiz�a• p@ E.j3 Sem $ma�m eA Gi@@ g: au �e nlnm FME ^k$P NiE�oR88e f •1 geinnoma�� A _€ e I•m�n a ti TI° ♦ Fg `ey oa Sfn. MQ._E T to y a 2 AalepE-:Nnn Y Z nk •1 Jt n-mi Sm sl�'�evo'ex♦ (K. 11 pTn N. iA1EiNDN •n i3 I u MO nrtM1 ^malNag rR fVIpS L_ • . lJ ewT2ra- Q• e£ imi tti? $ ° g O^�ib8�^Tu 2 n A m ♦ Anuv'l�^_j'me B N 1_I.. ♦.��LnVypr. \ � A n.:mpCw4N3 \ � n R. ♦ yWti \ c y 4ff RR f: $t to ry Tj fl ;a ..3 '-' 1y .SA f14 • A i h5a �4uf h� Po�q xr� ni5 A.hV rr f°.. Y,Mt fi aF 1 bw4s 4fl N I' OOpApp •^''N m1 Y wpw IZ !�:N � .>-iVm'iENNllm m e Tp $ nOOC Co R 1.C) 4 llE\N VFCG _4\mn is ^ ` a m n n ^a 'a o _ i m pN_ fNZ \I=I$$byya T r:T n T Z m m � I, 4am $TT_ aApp a'♦ ml IaI AT N$� O Y:gI A a3� , m a • YILE -I wr FVVn t'tCED IOq tiiy ;x I a 6R•f..z oIZ� 1 =_� 5 O t'i .t p 9ianio [un nmOTO4mw V ^_ D aC li r?nnia pmm� v- 1 wie On Ln4 O;a $m+EI¢�l r� i$ an^opsx^i na '/1 p0 I Eo > 2 Nw uml M j n r TayeM VSC Meeting of November 1, 2007 KANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. MountainSt. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Subdivision Committee Members FROM: Dara Sanders, Current Planner Matt Casey, Staff Engineer THRU: Jeremy Pate, Director of Current Planning DATE: Octobcr 24, 2007 Updated November 1, 2007 LSP 07.2772: Lot Split (NAPLES/CROSSOVER, 138): Submitted by DAVE JORGENSEN for property located at 4081 N. CROSSOVER RD. The property is zoned R -A, RESIDENTIAL - AGRICULTURAL and contains approximately 7.20 acres. The request is to divide the property into two tracts of 2.72 and 4.48 acres. Planner: Dara Sanders Findings: Property: The subject property is located on Crossover Road, north of Joyce Boulevard. The lot is approximately 556.58' wide and 984.58' deep. 'There are two existing single-family structures at the rear of the property. On November 13, 2007, the applicant plans to present a request to the full Planning Commission for approval of a conditional use permit to allow for the expansion of an adjacent adolescent crisis and counseling center to be operated by Youth Bridge Properties, Inc. In addition to the conditional use and the lot split requests, the applicant will request to rezone Parcel I from R -A to R -O and Parcel 2 from R -A to RSF-4. Proposal: The applicant proposes to divide the subject property into two tracts of 2.72 and 4.48 acres, which comply with the area requirements within the R -A zoning district. However, the lack of frontage on one of the lots requires the need for a variance or rezoning request. The surrounding zoning is listed in Table 1. Table I Surrounding Land Use and Zoning Land Use Zoning North Commercial RMF-24, Residential Multiple -Family, 24 units/acre, R -O, Residential Office East Residential RMF-24, Residential Multiple -Family, 24 units/acre West, South Residential R -A. Residential, Agricultural Adjacent Master Street Plan Street: N. Crossover Road (Principal Arterial Parkway). Right-of-way being dedicated: Sufficient right-of-way exists for Crossover Road to meet the K: kReportr120071SC Repoe t.q 1-01-071tSP 07-2772 (Naples) doc minimum requirements of the Master Street Plan. Water/Sewer: Each tract has access to public water and sewer main. Recommendation: Staff recommends approval of LSP 07-2772 with the following conditions: Conditions of Approval: 1. The legal descriptions shall be approved by GIS prior to recordation. 2. The lot split shall not be recorded until the applicant receives approval from the City Council to rezone Parcel 2 from R -A to a zoning district that would permit the two single-family homes with adequate frontage. 3. Should the request to rezone be approved, the plat shall be revised to show the required setbacks for each new zoning district. Should it be denied, the lot split is null and void. 4. Payment of Park fees in the amount of $960.00 will be assessed for each residential unit that is constructed on the additional lots. The actual amount of the fee will be based on the type (single family or multi -family) and number of units prior to issuance of a building permit. 5. Right-of-way along Crossover Road (Highway 265) shall be dedicated by warranty deed. Standard Conditions of Approval: 6. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications). Subdivision Committee Action: ❑ Denied 'I Approved ❑ Tabled Motion: Graves Second: Bryant Vote: 3-0-0 Meeting Date: November 1, 2007 Comments: The "Conditions of Approval" listed in the report above are accepted in total without exception by the entity requesting approval of this development item. Signature Date K:IRcportsl20071SC Reports[I 1 -01 -07th? 07-2772 (Naples).doc RZN08-3147 One Mile View NAPLES/CROSSOVER r R -R '. ! . RI RF{ - A# 1 kf r y � y!Y "1 _a1kY4 a IN PRIVATE ..DR. RSF :. R a1 N y , �yYnlLL ft� lu r'y tor. � SUBJECT PROPERTY •.T./•• i �.� Ir. r v r'ru _.. it I�rrl -�'u �r. ii I 1'r. ,Jy. i i�, J. ii'A J I \\ r<t�rt:,!e . • �`AI I \\\\ {-!i. I' �ti1r Cc/T!r ,.4f1. riN`" / .i11.L. 4 t ( - e r l i� �u�uWu ��I iii•..iiireir- •r ~'•:� r- 2 r -2 r `iii * T,' ✓ 10YCE RD D WIRE RD J F art' 4 ' .' • ' 1 f...• 3023 Ory ` •r !•1 HI1 .f 1pn n w et . it I f r 3f. • • • r l C _r •�� � 'f L ., � ey � a' i WWNES IH �t i'�RSfY�r iAY n y s .r. - .">_\_. -1, • 'mil 6IPDIE • 1.. I aelRSrY �/ ..ruy a •�` • .• d� `. S' y 3 J�7 k,y4'� a nRroc wprHt �x .. RSFd iR5F. 2 ./ . .. \ .. r' A 1 �ASFL rr.1� �\ 1.,\ Overview Legend Boundary Subject Property -- -----: -^•, ia r+Planning Area CM RZN08-3147 9u^n7 e • 000<'o0 ovfWy nistria Outside City Legend Hillside -Hilltop O erlay District 0 0.25 0.5 1 M les RZN08-3147 Future Land Use NAPLES/ CROSSOVER i • • -.e• < I. .v pp r .•_______•___ C......—" Overview I I Legend Subject Property ®RZN0B-3147 Streets 'NExisting PI d /� anne Legend 0 75 150 300 450 600 Feet Boundary r\_, Planning Area A L o Overlay District Outside City 1 gip.. 4. GROG flu. t i P a C o' y V .. Page! of! Clarice Pearman - Ords. 5204 & 5205 From: Clarice Pearman To: Pate, Jeremy Date: 12.19.08 5:10 PM Subject: Ords. 5204 & 5205 CC: Audit; GIS Attachments: Audit; GIS Jeremy: Attached are the above ordinances passed by City Council regarding a rezoning and vacating an right of way. Please let me know if there is anything else is needed for this item. Have a good day. Thanks. Clarice file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\494BD597F... 12.19.08