HomeMy WebLinkAbout2005-03-28 - Agendas - Final FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS 125 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISION
Monday,March 28,2005,5:30 p.m.
Room 219,City Administration Building
Award Presentation by Mayor Coody
The following items will be considered: -
Approval of Minutes from the 03/14/2005 meeting.
New Business:
1.RZN 05-1413: (JONES,294): Submitted by TOM HENNELLY for property located at 2468 N CROSSOVER RD. (THE NE
CORNER OF CROSSOVER&TOWNSHIP). The property is zoned R-A,RESIDENTIAL-AGRICULTURAL and contains
approximately 4.77 acres. The request is to rezone the subject property to RSF-2,Residential Single-family,2 units per acre.
Property Owner: JERRY&LYNN ROGERS JONES Planner: SUZANNE MORGAN
2.RZN 05-1409: (SCB INVESTMENTS,LLC,366): Submitted by N.ARTHUR SCOTT for property located at 1841 LEVERETT
AVENUE. The property is zoned RSF-4,SINGLE FAMILY-4 UNITS/ACRE and contains approximately 1.43 acres. The request is
to rezone the subject property to RMF-24,Residential Multi-family,24 units/acre.
Property Owner: SCB INVESTMENTS,LLC Planner: SUZANNE MORGAN
3.RZN 05-1412: (MOUNTAIN RANCH/TERMINELLA,478): Submitted by CRAFTON TULL&ASSOCIATES INC.-
ROGERS for property located at SOUTH OF THE FUTURE PERSIMMON ST.,SOUTHEAST OF THE BOYS AND GIRLS
CLUB. The property is zoned R-A,RESIDENTIAL AGRICULTURAL and contains approximately 21.05 acres. The request is to
rezone the subject property to RSF-4,Residential Single-family,4 units per acre.
Property Owner: RESERVE,LLC Planner: SUZANNE MORGAN
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data
are open and available for inspection in the office of City Planning(575-8267),125 West Mountain Street,Fayetteville,Arkansas.
All interested parties are invited to review the petitions. Interpreters or TOO for hearing impaired are available for all public
hearings;72 hour notice is required. For further information or to request an interpreter,please call 575-8330.
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item—Chairman
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Response by Applicant/Questions &Answer with Commission
F. Action of Planning Commission(Discussion& Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Planning Commission on an agenda item raise your hand when
the Chairman asks for public comment. He will do this after he has given Planning
Commission members the opportunity to speak and before a final vote is taken. Public
comment will only be permitted during this part of the hearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give
your name and address. Address your comments to the Chairman, who is the presiding
officer. He will direct them to the appropriate appointed official, staff member or others
for response. Please keep your comments brief, to the point, and relevant to the agenda
item being considered so that everyone has a chance to speak.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions
of the Planning Commission.
2005 Planning Commissioners
Nancy Allen
Jill Anthes
Candy Clark
James Graves
Christine Myres
Alan Ostner
Loren Shackelford
Sean Trumbo
Christian Vaught
PC Meeting of March 28, 2005
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125 Mountain
Fayetteevv Mountain
AR 7270101
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Associate Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: March 23, 2005
RZN 05-1413: (JONES,294): Submitted by TOM HENNELLY for property located at 2468 N
CROSSOVER RD. (THE NE CORNER OF CROSSOVER&TOWNSHIP). The property is
zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 4.77 acres. The
request is to rezone the subject property to RSF-2, Residential Single-family, 2 units per acre.
Property Owner: JERRY& LYNN ROGERS JONES Planner: Suzanne Morgan
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: March 28,2005
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: April 19,2 05 (0 reading if recommended)
BACKGROUND:
Property: The subject property is located east of Crossover Road. The property consists of three
lots,zoned R-A, Residential Agricultural. All but the southern most property is undeveloped.
For the owner to a develop single family home on each of the remaining two properties, a
variance would be required, as the minimum 2 acre lot area requirement is not met. Property to
the south is zoned RSF-4 and developed for single family use. The St. John's Lutheran Church
and Hickory Park R-PZD (under construction) are west of this property and Crossover Rd.
Proposal: The developer intends to develop this property for single family use at a density slightly
greater than the current R-A zoning designation would permit. The proposed zoning allows for a
maximum density of 2 units per acre,resulting in a maximum potential of 9 dwelling units.
Request: The request is to rezone the property RSF-2, Residential Single-family,2 units per acre.
KlReportst20051PCReports103-28-05IRZN05-1413(.bnn).doc March 28,2005
Planning Commission
RZN 05-1413(Jones)
Page 1.1
Recommendation: Staff recommends approval of the rezoning request based on findings stated
herein. The development of this property will be consistent to that of surrounding properties.
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North Single Family residential lots R-A, Res. Agricultural
RSF-4, Res. Sin le-family-4 units/acre
South Vacant; owned by City of Fayetteville R-A, Res. Agricultural
East Single Family residential home RMF-24, Res. Multifamily, 24 units/acre
West St. John's Lutheran Church; P-1,Industrial
Hickory Park R-PZD 04-05.00
INFRASTRUCTURE:
Streets: Currently the site has direct access to Highway 265 (Crossover Road)and is just
north of the intersection of Crossover Rd. and Township St. Road improvements
may be required. These improvements include, right-of-way dedication,
pavement, curb and gutter, storm drainage and sidewalks.
Surrounding Master Street Plan Streets:
South: Township St(designated a Collector west of Crossover&a Local St. east
of Crossover)
West: Crossover Rd (Principal Arterial)
Water: The site currently does have access to public water. The nearest water main is a
12"main along the west property line. Water service may need to be extended
within the property at the time of development. Additional connections may be
required to complete looped systems.
Sewer: The site currently does not have access to sanitary sewer. An off-site sewer main
extension will be required to serve this development.There are a couple possible
connections for sewer. A capacity analysis of the sewer lines and/or lift stations
downstream of the site shall be conducted prior to development.
Fire: The subject property is located 1.5 miles from the Fire Station#5. Normal driving
time to the site is approximately 2 min. 15 seconds.
Police: It is the opinion of the Fayetteville Police Department that this annexation will
not substantially alter the population density nor will it create an undesirable
increase on police services.
K.Weportv120051PC Reportsl03-28-051RZN 05-1413(Jnes).doc March 28,2005
Planning Commission
RZN 05-1413(Jones)
Page 1.2
LAND USE PLAN: The General Plan 2020 Future Land Use Plan designates this site as
Residential. Rezoning this property to RSF-2 is consistent with the land use plan and is
compatible with surrounding land use.
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives,principles, and policies and with land use and zoning plans.
Finding: The proposed zoning for single family use at two units per acre is compatible
with adjacent and nearby single family dwellings already existing and those
being constructed at this time(i.e. Hickory Park). The General Plan
designates this area for Residential land use,which is compatible with the
proposed RSF-2 zoning. Access must be considered as this site is at the
outskirts of the city and located on a street which needs improvement.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is justified in order to allow the existing property to be
developed for single family use consistent with surrounding development
patterns. The existing zoning designation would allow for the development
of two additional single family homes on the property,subject to Board of
Adjustment approval. Rezoning the property to RSF-2 would allow slightly
greater density,while consistent with the surrounding developments.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The additional density will not create a significant increase in the amount of
traffic currently utilizing Crossover Road and Township Street. Access to
these properties,however,will need to be thoroughly reviewed at the time of
development to avoid a dangerous traffic situation on Crossover Road. At
this time, if the existing lots were brought into compliance, two driveways
could potentially be constructed to access Crossover Road. Staff
recommends that should the property be subdivided,lots utilize an alley to
reduce the number of curb cuts onto Crossover Rd.
4. A determination as to whether the proposed zoning would alter the population density
and thereby undesirably increase the load on public services including schools,water, and
sewer facilities.
Finding: The proposed zoning would increase population density from that zoning
currently in place. The 4.77 acre tract under an RSF-4 zoning designation
K:WeportY12005PCReportsIO3-28-05WZN05-1413(Jonu).doc _ March 28,2005
Planning Commission
RZN 05-1413(Jones)
Page 1.3
would allow for a maximum 2 single family residential dwelling units. With
the proposed RSF-2 designation, a maximum of 9 multifamily dwelling units
would be permitted. This change in zoning will increase the possible number
of residential units; however, it is in keeping with existing land uses and
density in the surrounding area.
Increased load 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;
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
KlReportO20051PC Reportsl03-28-051RZN05-1413(Jnes).dM March 28,2005
Planning Commission
PZN 05-1413(Jones)
Page 1.4
161.03 District R-A,Residential-Agricultural 161.06 District Rsf-2,Residential Single-Family
—Two Units Per Acre
(A) Purposes. The regulations of the agricultural
district are designed to protect agricultural land (A) Purpose. To provide a single-family dwelling
until an orderly transition to urban development transition zone between single-family
has been accomplished;prevent wasteful scattering neighborhoods that have developed with larger lot
of development in rural areas;obtain economy of sizes (one acre and over) and areas that have
public funds in the providing of public developed with smaller lot sizes(8,000 sq.ft.),and
improvements and services of orderly growth; to permit and encourage the development of low
conserve the tax base; provide opportunity for density detached dwellings in suitable
affordable housing,increase scenic attractiveness; environments, as well as to protect existing
and conserve open space. development of these types.
(B) Uses. (B) Uses.
(1) Permitteduses.
Unit 1 City-wide uses by right (1) Permitted uses.
Unit 3 Public protection and utility facilities
Unit 6 Agriculture Unit 1 Ci -wide uses b right
Unit 7 Animal husband
Unit 8 Single-family dwellings Unit 8 1 Sin le-famil dwellin s
Unit Two-family dwellings
Unit 37 Manufactured homes (2) Conditional uses.
(2) Conditional uses. Unit 2 City-wide uses by conditional useermit
Unit 2 Ci -wide uses b conditional use ermit Unit3 Public protection and utilityfacilities
Unit 4 Cultural and recreational facilities Unit 4 Cultural and recreational facilities
Unit 20 Commercial recreation,large sites - -Unit 24 Home occupations
Unit 24 Home occupations 'Unit 36 Wireless communications facilities
Unit 36 Wireless communications facilities A-
(C) Density.
(C) Density.
Units per acre One-half Units eracre 2
D Bulk and area regulations. (D) Bulk and area regulations.
Lot width minimum 200 ft.
Lot Area Minimum: Lot width minimum 1 100 ft.
Residential: 2 acres Lot area minimum 1 21,780 sq.ft.
Nonresidential: 2 acres Land area per dwelling unit 1 21,780
Lot area erdwellin unit 2acres
(E) Setback requirements.
(E) Setback requirements.
Front Side Rear Front Side Rear
35 ft. 20 ft. 35 ft. 30 ft. 15 ft. 1 30 ft.
(F) Height requirements. There shall be no (F) Height regulations.
maximum height limits in the A-1 District,
provided, however, that any building which Building height maximum 35 ft.
exceeds the height of 15 feet shall be setback from
any boundary line of any residential district a (G) Building area. None.
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.
K.IReporrs120051PC Reporrs103-28-05V1ZN 05-1413(jnes).doc March 28,2005
Planning Commission
RZN 05-1413(Jones)
Page 1.5
March 24, 2005
Jeremy Pate
Interim 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
Rezonings RZN 05-1413: (Jones,294),RZN 05-1409 (SCB Investments, LLC,366) and
RZN 05-1412: (Mountain Ranch/Terminella,478)would substantially alter the
population density and thereby undesirably increase the load on public services or create
and appreciable increase in traffic danger and traffic congestion.
It is the opinion of the Fayetteville Police Department that this rezoning wilt not
substantially alter the population density nor will it create an undesirable increase on police
services.
Individually, each of these`rezoning do not necessarily substantially alter the�population
density, nor do they create and appreciable increase in traffic danger and congestion. The
sum total presented over the years,however, has had a substantial impact on the demand
for police services and has caused an appreciable increase in traffic congestion. Without
the addition of police patrol personnel, these areas may see a lack of traffic enforcement or
may experience situations where officers are delayed in answering many calls for service
because of call volume exceeds the number of officers available to respond in a timely--
manner.
Sincerely,
Captain William Brown
Fayetteville Police Department
March 28,2005
Planning Commission
RZN 05-1413(Jones)
Page 1.6
<H2400l'
ENGINEERING, INC.
City of Fayetteville February 15, 2005
113 West Mountain
Fayetteville, AR 72701
Attn: Planning Department
Re: Jones Rezoning
On behalf of my clients, Mr. Jerry Jones, and Mrs. Lynn Rogers-Jones, please consider
this correspondence an official request to rezone their property from R-A to RSF-2. The
Jones are the sole owners of the property which this request depicts. They would like to
rezone this property so that they may pursue a preliminary plat submittal for a
subdivision in the near future. The property is adjacent to R-A and RSF-4 zoned
properties. The traffic generated from this property will be similar to that generated by
adjacent property. The land use from this zoning will be slightly more dense than the R-
A zoned property and less dense than the RSF-4 property. All utilities, with the
exception of sanitary sewer are available on this property. Gas and electric are available
along the west side of Highway 265 and a 12 inch water line is located along the east
side. Sanitary sewer,will be brought from the northwest corner of lot#16 of the
Glennwood Addition, located to the northwest of this property.
Sincerely,
Thomas A. Hennelly, P.E.
President, H2 Engineerin
March 28,2005
Planning Commission
RZN 05-1413(Jones)
Page 1.7
2758 Millennium Drive Suite 1 Fayetteville, Arkansas 72703 Phone:479.582.H2EI Fax:479.582.9254
FROM JERRY JONES yLYNN ROGERSwwJ �V FAX NO. : 501 571y1077 ry y Feb. 21 2005 05::53PN P1
EXHIBIT"A"
Tenet
2: POA ofthe SW'l Ofthe SW ''A of Section 31,Township 17 North, Range 29
West,and being more particularly described as follows,to-wit: Beginning at a point on
the right-of-way of State Highway 265,said point being 555.02 feet east and 2573 north
of the southwest coarser of said 40 acre tract,running thence east 324.56 fret,thence
along an existing fence line NO3°32'17"W 225.30 feet,thence Wast 303.0 feet to a point
on the right-of--way of State Highway 265,thence SO i°57'00"W 225.00 feet to the Point
of Beginning,Containing 1.62 acres.
Tract : Part of the SW�/. Of the SW .4 of Section 31,Township 17 North,Range 29
West,and being more particularly described as follows,to-wit: Beginning at a point
which is 555.02 feet East and 482,30 feet North of the southwest comer of said 40 acre
user,said point being on the East right-of-wav lice of State Highway 265,and muting
thence along said right-of-way NO1°57'00"6 225.00 feet,thence N85039100"E 299.50
#het to an existing iron pin,thence along an existing farce line S00°45'4,VIW 247.61 feet,
thence West 303.00 feet to the point of beginning,containing 1.63 acres more or less.
Part of the SW '/<of the SW i,4 of Section 31,Township 17 North,Range 29
West,and being more particularly described as foilows,to-wit: Beginning at a point on
the right-of-way of State Highway 265,said point being 555.02 feet east and 707.30
north of tbo southwest corner of said 40 acre tract,running thence N85039'00"E 299.50
Reel to an existing iron pin, thence along an existing fence line N21 Q02'12"W 304.21 feet,
thence S72644'25'V 189.44 feet,along an existing fence line to a point on the right-of-
way of State Highway 265, thence 901 057100"W 250.59 feet to the point of beginning,
containing 1,52 acres,mora or less.
j Jones L Rogers-7Cti
EXHIBIT "A"
PROP EDGYBE REZONED
AS $ THE APPLICANT
zzr
UcanCs Signature
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R -1413(Jones)
Page 1.8
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3 ARKANSAS
THE CITY OF FAYETTEVILLE,ARKANSAS 125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Associate Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: March 23, 2005
RZN 05-1409: (SCB INVESTMENTS,LLC,366): Submitted by N. ARTHUR SCOTT for
property located at 1841 LEVERETT AVENUE. The property is zoned RSF-4, SINGLE
FAMILY -4 UNITS/ACRE and contains approximately 1.43 acres. The request is to rezone the
subject property to RMF-24, Residential Multi-family, 24 units/acre.
Property Owner: SCB INVESTMENTS, LLC Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
PLANNINGCOMMFSSIONACTION:; Required YES
O Approved O Denied
Date: March:28,2005'
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: April 19,2005 fl"reading if recommended)
.l
BACKGROUND:
Property: The subject property is located near the southwest corner of Leverett Avenue and
Melmar Drive,and is owned by SBC Investments. The former owners were those
owners/operators of the adjacent Maria H apartment complex who, in April 2004,requested to
rezone 1.89 acres, comprising the subject property,to RMF-24. The request was tabled,
however, and no further action was taken to rezone the property until this time. The 1.43-acre
property is currently comprised of an older single family home and large yard, remnants of a
larger farm which once existing in the area. Surrounding properties are all multifamily in zoning
and land use,with the exception of to the south,where an established, older single family
residential subdivision is situated. Maria H apartments border the property to the west and north,
with additional multi-family development proposed on this property.
KlReports120051PC Reports103-28-0518ZN 05-1409(SCBMwstments).doc March 28,2005
Planning Commission
RZN 05-1409(SCB Investments,LLC)
Page 2.1
Proposal: The developer intends to develop multi-family units on this property,uses not permitted
in the RSF-4 zoning designation. The shape of the property, a remnant parcel of surrounding
development,may make subdivision of the property into single family lots impractical.The proposed
zoning allows for a maximum density of 24 units per acre, resulting in a maximum potential of 45
dwelling units.
Request: The request is to rezone the property RMF-24,Residential Multi-family,24 units per acre.
Recommendation: Staff recommends approval of the rezoning request based on findings stated
herein. The development of this property will be consistent of that to the north.
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North Maria H apartment complex RMF-24, Res. Multifamily, 24 DU/acre
South Single family homes RSF-4, Res. Single Family,4 DU/acre
East Multifamily apartments RMF-24, Res. Multifamily,24 DU/acre
West Maria H apartment complex RMF-24, Res. Multifamily, 24 DU/acre
INFRASTRUCTURE:
Streets: ,Currently the site has access to Leverett Avenue. At the time of development, this
street will need to be brought up to current standards along the property frontage.
These improvements may include right-of-way dedication,pavement,curb and,
gutter, storm drainage and sidewalks.
Surrounding Master Street Plan Streets:
North: Melmar(Local)
South: Belclaire (Local)
East: Leverett Ave. (Collector)
Water: The property currently has access to a 6"water line along Leverett Avenue. An
extension of the water main may be required to provide water supply and fire
protection within any development on this prop
protection main.may also have4o
be looped to the north to connect with the 6" line along Melmar Drive to provide
dual feed for the development.
Sewer: The site currently does have access to sanitary sewer. A capacity analysis of the
sewer lines and/or lift stations downstream of the connection point shall be
conducted prior to development.
Fire: The subject property is located 1.1 miles from the Fire Station#2.Normal driving
time is 2 min. 28 seconds. From Fire Station#4, the property is 2.9 miles,a
driving time of 5 minutes and 40 seconds. Water supply with fire hydrants will be
necessary for this property to develop.
K.'IReports12005 PC Reports 103-28-051RZN05-1409(SC13lnvestments).doc - March 28,2005
Planning Commission
RZN 05-1409(SCB Investments,LLC)
Page 2.2
Police: It is the opinion of the Fayetteville Police Department that this annexation will
not substantially alter the population density nor will it create an undesirable
increase on police services.
LAND USE PLAN: The General Plan 2020 Future Land Use Plan designates this site as
Residential. Rezoning this property to RMF-24 is consistent with the land use plan and is
compatible with surrounding multifamily land use.
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives,principles, and policies and with land use and zoning plans.
Finding: The proposed zoning for a multifamily residential land use is compatible
with adjacent and nearby multifamily dwellings already existing. An existing,
fully developed single family neighborhood exists directly south of this
property and the adjacent developed Maria H apartment property.
Appropriate measures should be taken at the time of development to
adequately transition the development of higher density dwelling units
adjacent to a lower density. The General Plan designates this area for
Residential land use,which is compatible with the proposed RMF-24 zoning.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding:- The proposed zoning is justified in order to promote orderly::and consistent
development patterns making use of existing infrastructure. The rezoning is
needed for the development of a multifamily project as proposed by the
applicant. A multi-family residential development could not be developed on
this site with the existing RSF-4 zoning in place. The applicant proposes to
develop multi-family units in this location.
3.. .; A determination as to whether the proposed zoning would create or,appreciably increase
traffic danger and congestion.
Finding: Though a small property, the proposed zoning will potentially create
additional traffic on Leverett Avenue and Melmar Drive. The Fayetteville
Police Department contends that this rezoning will not create an appreciable
increase in traffic danger and congestion in this area.
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-Weports12005PCReports103-28-05tRZN05-1409(SCBIr stmenk).doc March 28,2005
Planning Commission _
RZN 05-1409(SCB Investments,LLC)
Page 2.3
Finding: The proposed zoning would increase population density from that zoning
currently in place. The 1.43 acre tract under an RSF-4 zoning designation
would allow for a maximum 5 single family residential dwelling units. With
the proposed RMF-24 designation, a maximum of 34 multifamily dwelling
units would be permitted. This increases the possible number of residential
units, however is in keeping with existing land uses and density in the
surrounding area.
Increased load 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;
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.V2eportr12005NC Reports 103-28-05PZN05-1409(SCRInvestments).doc March 28,2005
Planning Commission
RZN 05-1409(SCB Investments,LLC)
Page 2.4
161.13 District RMF-24,Residential Multi- Professional offices 1 acres
Family-Twenty-Four Units Per Acre
(A) Purpose. The RMF-24 Multi-family
Residential District is designed to permit and
encourage the developing of a variety of dwelling (3) Land area per dwelling unit.
types in suitable environments in a variety of
densities. Manufactured home 3,000 s .ft.
Apartments:
(B) Uses. *No bedroom 1,700 sq.ft.
*One bedroom 1,700 sq.ft.
.Two bedroom 2,000 sq.ft.
(1) Permitted uses. Fraterni or Sorority 1,OOOsq.ft.per resident
Unit 1 Ci -wide uses by right (E) Setback requirements.
Unita Single-family dwellings -
Unit9 Two-family dwellings Front Side Rear
Unit 10 - Three-familydwellings 25 n - 8 ft. 25 Rear
Unit 26 Multi-familywellin s
d
(2) Conditional uses. Cross reference(s)-Variance,Ch. 156.
Unit 2 City-wide uses by conditional use—permit (F) Height regulations. Any building which
Unit 3 Public protection and utility facilities exceeds the height of 20 feet shall be set back from
Unit 4 Cultural and recreational facilities any side boundary line an additional distance of
Unit 11 Manufactured home park one foot for each foot of height in excess of 20
Unit25 Professional offices - feet.
Unit 24 Home oecu ations
Unit 36 Wireless communications facilities
(C) Density.
Units per acre 4 to.24
(D) Bulk and area regulations.
(1) Lot width minimum
Manufactured home park 100 ft.
Lot within a Manufactured 50 ft.
home park
Single-family 60 ft -Two-family 60 ft.
Three or more 90 ft.
Professional offices 100 ft.
(2) Lot area minimum.
Manufactured home park 3 acres
Lot within a mobile home park 4,200 sq.ft
Townhouses:
*Development 10,000 sq.ft.
*Individual lot 2,500 sq-ft.
Single-family 6,000 sq.ft.
Two-family 7,000 sq.ft.
Three or more 9,000 sq.fL
Fraternity or Sorority 2 acres
K.:IReports12005PC Reporal03-28-05VtZN 05-1409(SCBInwstmems).doc March 28,2005
Planning Commission
RZN 05-1409(SCB Investments,LLC)
Page 2.5
March 24, 2005
Jeremy Pate
Interim 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
Rezonings RZN 05-1413: (Jones, 294),RZN 05-1409 (SCB Investments,LLC,366) and
RZN 05-1412: (Mountain Ranch/Perminella,478) would substantially alter the
population density and thereby undesirably increase the load on public services or create
and appreciable increase in traffic danger and traffic congestion.
It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially alter the population density nor will it create an undesirable increase:on'police -
services.
Individually, each of these rezoning do not necessarily substantially alter the population
density, nor do they create and appreciable increase in traffic danger and congestion.:The
sum total presented over the years, however, has had a substantial impact on the demand
for police services and has caused an appreciable increase in traffic congestion. Without
the addition of police patrol personnel,these areas may see a lack of traffic enforcement or
may experience situations where officers are delayed in answering many calls for service
because of call volume exceeds the number,of officers available to respond in timely.,
manner.
Sincerely,
Captain William Brown
Fayetteville Police Department
March 28,2005
Planning Commission
RZN 05-1409(SCB Investments,LLC)
Page 2.6
PROJECT DESIGN CONSULTANTS , INC .
February 16,2005
City of Fayetteville
Planning Department
125 West Mountain
Fayetteville, AR 72701
Attn: Mr. Jeremy Pate .
RE: Rezoning of property located at 1841 Leverett St
Fayetteville, AR 72703
Dear Mr. Pate:
The subject property mentioned above is currently owned by SCB Investments,
LLC. Currently, the property is zoned RS4. We propose to rezone the property
to RMF-24. This zoning change will relate better to the surrounding property
uses; which is a mixture of zoning. The Property immediately to the north and
west is zoned RMF 24 and occupied by apartments.This is also the case with
the zoning to the east, across Leverett Ave. The site is served by City water and
sewer. Leverett Avenue contains a six- inch water main and a fifteen- inch
sanitary sewer line. In addition, six inch sewer lines wrap around the west and
south boundaries. It will have similar land usage and traffic counts; the
appearance will blend better and there'is`no signage proposed as yet.
If you have any further questions, please contact me at 479-248-1161.
Since lye
ur Scott, PE
President
130 N. MAIN • CAVE SPRINGS,AR 72718
PHONE: 479-248-1161 - FAX: 479-248-1462
March 28,2005
Planning Commission
RZN 05-1409(SCB Investments,LLC)
Page 2.7 ,
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PAT
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LA••,fqA SCO,- FAX (479) 248-144narch 28,20 5
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SURVEY DESCRIPTION:
A PART OF EVIN'S FARM ADDITION TO THE CITY OF FAYETTEVILLE, BEING PART OF
THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 16 NORTH,
RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SW1/4 OF THE SWI/4; THENCE
NORTH 953.00 FEET, THENCE WEST 35.00 FEET TO THE POINT OF BEGINNING;
THENCE N87017`22"W 360.73 FEET; THENCE NO2042'38"E 145.00 FEET; THENCE
S87017'22"E 213.86 FEET; THENCE NO2042'38"E 71.00 FEET; THENCE 587017122"E
144.00 FEET; THENCE S01056'57"W 216.02 FEET TO THE POINT OF BEGINNING,
CONTAINING 1.43 ACRES, MORE OR LESS, BEING SUBJECT TO THE RIGHT-OF-WAY OF
LEVERETT AVENUE ALONG THE EAST SIDE THEREOF, AND ALSO BEING SUBJECT TO
ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
EXHIBIT "A"
PROPERTY TO BE REZONE
AS SUB,91 FEED BY THE APPLICANT
Appliaank'55i8liala
�i�SjIJt1 March 28,2005
Planning Commission
Rf{Z4N�05-11409(SCB Investments,LLC
j04 Pag "s
RECEIVED 03-05-'05 11:46 FROM- 479 575 8202 TO- Geomatic Consultants P02/02
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—— caennr March 28,2005
-__ !u•Historic Collector
Planning Commission
0 0.1 0.2 0.4 0.6 0.8 RZN o5- 09(SCB Investments,LLC)
Miles Page 2.11
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05- 409(SCB Investments,LLC)
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� PC Meeting of March 28, 2005
7aiiye ie
ARKANSAS
THE CITY OF FAYETTEVILLE,ARKANSAS 125 Mountain
Fayetteevv Mountain
AR 7270101
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Associate Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: March 23, 2005
RZN 05-1412: (MOUNTAIN RANCH/TERMINELLA, 478): Submitted by CRAFTON
TULL&ASSOCIATES INC. - ROGERS for property located SOUTH OF THE FUTURE
PERSIMMON ST., SOUTHEAST OF THE BOYS AND GIRLS CLUB. The property is zoned
R-A, RESIDENTIAL AGRICULTURAL and contains approximately 21.05 acres. The request
is to rezone the subject property to RSF-4, Residential Single-family, 4 units per acre.
Property Owner: RESERVE, LLC Planner: Suzanne Morgan
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.:.
PLANNING COMMISSION ACTION.- Required YES
O Approved O Denied
Date: March 28,2005
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: April-19, 005 (1st reading if recommended)i
BACKGROUND:
Property: The subject property contains approximately 21.05 acres located southeast of the
Fayetteville Boys&Girls Club and adjoins an extension of Persimmon Street as reflected on the
City's Master Street Plan. Approximately 78.42 acres immediately adjacent to the west was
annexed and rezoned RSF-4 in July 2004. In addition to the property currently zoned RSF-4 and
that property proposed to be rezoned, the applicant owns 205.97 acres to the east which is
currently zoned R-A. The applicant has submitted a property line adjustment to adjust the
eastern boundary line of a parcel to match the eastern property line of this rezoning request. Staff
has approved this property line adjustment contingent on recordation of a warranty deed
dedicating right-of-way for Rupple Road adjacent to the proposed Elementary/Middle School.
Proposal: The applicant intends to develop a single family residential subdivision,as one phase of a
larger multi-use project. At the time of annexation and rezoning of the property to the west, the
KAReports12005IPC Reports103-28-05QZZN 05-1412(Alounmin Ranch-Termimlla).doc March 28,2005
Planning Commission
RZN 05-1412(Mountain Ranch/Terminella)
Page 3.1
developer anticipated that development of the land would most likely be in the form of a Planned
Zoning District, as densities for single family homes will likely vary significantly,depending upon
terrain,floodplain,tree canopy,available and constructed access,among other factors. Single family
use,with a mixture of density,is the developer's primary intent for land use in this area,along with
supporting facilities developing both on the applicant's property and on adjacent properties.
The applicant is requesting an RSF-4 zoning district knowing that the desired development for the
property is single family residential dwelling units, not to exceed 4 units per acre.
Request: The applicant is requesting the property be rezoned from R-A,Residential Agricultural,to
.RSF-4, Residential Single Family,4 Dwelling Units per Acre.
Related Issues:Approximately 78.42 acres immediately adjacent to the west was rezoned RSF4 in
July 2004. The Planning Commission voted 5-4 to forward the rezoning request with a
recommendation in support of RSF-4,with the City Council approving the rezoning unanimously.
Recommendation: Staff recommends approval of the rezoning request. Future changes or
additional development on this site will be regulated by the city allowing for a more uniform and
consistent development pattern.
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zonin
North Boys& Girls Club &vacant property R-A, Residential Agricultural
South Vacant,undeveloped R-A, Residential Agricultural
East Vacant, undeveloped R-A,Residential Agricultural
West Vacant; Marinoni RZN RSF-4, Res. Single familyc- 4 units/acre
INFRASTRUCTURE:
Streets: Currently the site does not have access to any constructed street, although it is
adjacent to the future extension of Persimmon Street. The overall tract on which
this property is located abuts Persimmon Street and Rupple Road. At the time of
development, these,streets:will.need:to be brought up to current standards along
the property frontage. These improvements include right-of-way dedication,
pavement,curb and gutter,storm drainage and sidewalks.
Surrounding Master Street Plan Streets:
North: Persimmon St. (planned collector)
West: Rupple Road (minor arterial)
Water: The site currently does have access to public water. The nearest water main is a
12"main along Persimmon Street. Water service will need to be extended within
the property at the time of development. Additional connections may be required
to complete looped systems.
K.Weportsl200SIPC Repor1s103-28-051RZN 05-1412(Aigunmin Ranch-Terminella).doc March 28,2005
Planning Commission
RZN 05-1412(Mountain Ranch/1'erminella)
Page 3.2
Sewer: The site currently does not have access to sanitary sewer. An off-site sewer main
extension will be required to serve this development. There is an 8" sewer main to
the west. A capacity analysis of the sewer lines and/or lift stations downstream of
the connection point shall be conducted prior to development.
Fire: The subject property is located 0.493 miles from future Fire Station#7 on Rupple
Road. Normal driving time is 1 minute. Water supply and construction of streets
will be necessary for this property to develop.
Police: It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially alter the population density nor will it create an undesirable increase
on police services.
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to RSF-4 is consistent with the land use plan and compatible with surrounding land uses in the
area.
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives,principles, and policies and with land use and zoning plans.
Finding: The proposed zoning for a Single Family residential subdivision is
compatible with adjacent and nearby single family residential land use.The . ;.
General Plan designates this area for residential uses,which is compatible.
with the proposed RSF-4 zoning.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is justified in order to promote orderly and consistent
development patterns making use of existing infrastructure. A higher
_ density:;than the;current R-A zoning district,is appropriate in this,area, and
would provide compatibility with adjoining developments that are zoned
RSF-4,R-PZD and currently being developed with residential subdivisions.
In order to provide the connectivity and network of public infrastructure
with adjacent residential subdivisions in a manner that is consistent with the
future land use plan and guiding policies of annexation,a residential zoning
district is needed.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Development with the proposed zoning will provide additional traffic on
K:IReports120051PC Reports103-28-05VtZN 05-1412(Muntain Ranch-Termimlla).doc March 28,2005
Planning Commission
RZN 05-1412(Mountain Ranch/Terminella)
Page 3.3
streets in the area. Most streets in this area are undeveloped and will require
full construction to city specifications. Rupple Road is the only currently
constructed street in the vicinity, recently built with a 28-foot width. Three
approved developments, Persimmon Place Subdivision, Cross Keys PZD and
the Rupple Row PZD, along with developments to the west of the subject
property,will combine to construct Persimmon Street west of Rupple Road.
A traffic signal has also recently been installed and is in operation at the
intersection of Rupple Road and Wedington Drive. The Fayetteville Police
Department finds that this rezoning will not substantially alter the
population density nor will it create an undesirable increase on police
services.
4. A determination as to whether the proposed zoning would alter the population density
and thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The proposed zoning would increase population density in the area.
Currently the property is vacant, undeveloped and virtually uninhabited,
yielding no significant population.The 21.05 acre tract under an R-A,
Residential Agricultural designation would allow for a maximum of 10
dwelling units (1 per 2 acres) if fully developed. With the proposed RSF4
designation,84 dwelling units could be permitted,if fully developed. This: ;
increases the,possible numberof residential dwelling units, however public
serviceproviders' assessments indicate that with public infrastructure..
provided by the developer in the construction of water,sanitary and storm
sewer lines,streets and streetlights,the increase in population density will
not undesirably increase the load on public services.
Increased load 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;
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:IReporaL70051PC ReportsIO3-28-05IRZN 05-1412(Ab"fain Ranch-Terminella).doc March 28,2005
Planning Commission
RZN 05-1412(Mountain Ranch/Terminella)
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