HomeMy WebLinkAboutOrdinance 5449 Doc ID: 014293990003 Type: REL
Kind: ORDINANCE
Recorded: 11/08/2011 at 12:08:22 PM
Fee Amt: $25.00 Paae 1 of 3
Nashlnaton Countv. AR
Bette Stews Circuit Clerk
File2011-00031284
ORDINANCE NO. 5449
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 11-3916, FOR APPROXIMATELY 19.24
ACRES, LOCATED AT THE SOUTHWEST CORNER OF SALEM AND
WEIR ROAD FROM R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT
(06-2281 HOLCOMB HEIGHTS I AND 07-2613 HOLCOMB HEIGHTS II), TO
RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the
zone classification of the following described property from R-PZD, Residential Planned Zoning
District (06-2281 Holcomb Heights I and 07-2613 Holcomb Heights II) to RSF-8, Residential
Single-Family, 8 units per acre, as shown on Exhibits "A" and `B" attached hereto and made a
part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the
official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED this l8t'day of October,2011.
APPROVED: ATTEST:
By: — By: 400w � � • �fYltf
L O LD C911N
, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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FAYETTEVILLE•
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EXHIBIT "A"
RZN11-3916 TTO LLC
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Footprints 2010
- Hillside-Hilltop Ovi Irlay District
Design Overlay DI itrict
Design Overlay DI trict
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----- Planning Area Feel
EXHIBIT "B"
RZN 11-3916
PART OF THE NW I/4, NW114 OF SECTION 32, TI7N, R30W IN WASHINGTON COUNTY,
ARKANSAS AND BEING DESCRIBED AS FOLLOWS; BEGINNING AT THE SW
CORNER OF SAID NW 1/4,NWV4 THENCE N 02°50'27"E 250.00 FEET, THENCE
S87045'II"E 215.44 FEET, THENCE N 03°14'38"E 110.31 FEET, THENCE N 71°59'20"E
214.93 FEET, THENCE N 03°17'00"E 10.73 FEET, THENCE N 71°59'20"E 256.69 FEET,
THENCE N 03010'10"E 285.19 FEET, THENCE N 79°49'03"E 666.69 FEET, THENCE S
02021 '02"W 967.01 FEET, THENCE N 87°34'37"W 1316.50 FEET TO THE P.O.B;
CONTAINING 19.24 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT
OF WAY.
Washington County, AR
I certify this instrument was filed on
1110812011 12:08:22 PM
and recorded in Real Estate
File Number Bette Stamps-Ccircuit clerk 4
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
10/4/2011
City Council Meeting Date
Agenda Items Only
Jesse Fulcher Planning Development Services
Submitted By Division Department
Action Required:
RZN 11-3916: (HOLCOMB HEIGHTS PZD/TTO LLC, 245): Submitted by Jorgensen &Associates for property located
at the southwest corner of Salem and Weir Road. The property is zoned R-PZD, Residential Planned Zoning District
(06-2281 Holcomb Heights I and 07-2613 Holcomb Heights 11)and contains approximately 19.24 acres. The request
is to rezone the subject property to RSF-8, Residential Single-Family, 8 units per acre.
8 -
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
.-- �. N.1sn" 11 Previous Ordinance or Resolution#
Departmen Director Date
c7 Original Contract Date:
Original Contract Number:
City Alto'rney Date
KAa pl .,Lr--_ 9 - Is . 401, 0 I
Finance and Internal Services Director Date Received in City
Clerk's Office ill v
( SJJL
Chief f S aff Date
Received in
Mayor's Office
Mayr ate
Comments:
Revised January 15,2009
•
aye eelle THE CITY OFFAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
AA KANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff ��QQ
Jeremy Pate, Development Services Director U�
From: Jesse Fulcher, Current Planner
Date: September 15, 2011
Subject: RZN 11-3916 (Holcomb Heights PZD/TTO, LLC)
RECOMMENDATION
The Planning Commission and staff recommend approval of an ordinance to rezone the subject property from
Holcomb Heights Planned Zoning District Phases I and II to RSF-8, Residential Single-family, 8 units per acre.
BACKGROUND
The subject property is located at the southwest corner of Weir Road and Salem Road, and contains
approximately 19.24 acres zoned Holcomb Heights Planned Zoning District Phases I and II. Both phases were
approved in 2007, with Phase I containing 68 single-family dwellings and Phase II containing 36 single-family
dwellings. A grading permit for Phase I was approved and streets were cut into the site, but no other work was
completed. Both projects are now expired.
If an approved PZD expires the property does not automatically revert back to the original zoning. The property
is unable to be developed or subdivided until the old PZD zoning is revoked and a new, valid zoning district is
assigned.
The request is to rezone the property from Holcomb Heights Planned Zoning District Phases I and Il, to RSF-8,
Residential Single-family, 8 units per acre.
DISCUSSION
On September 12, 2011, the Planning Commission forwarded this item to the City Council with a
recommendation of approval with a vote of 5-4-0 with Commissioners Griffin, Winston, Honchell and Hoskins
voting `no'.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 11-3916, FOR
APPROXIMATELY 19.24 ACRES, LOCATED AT THE
SOUTHWEST CORNER OF SALEM AND WEIR ROAD FROM
R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT (06-
2281 HOLCOMB HEIGHTS I AND 07-2613 HOLCOMB
HEIGHTS II), TO RSF-8, RESIDENTIAL SINGLE-FAMILY, 8
UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the
zone classification of the following described property from R-PZD, Residential Planned Zoning
District (06-2281 Holcomb Heights I and 07-2613 Holcomb Heights II) to RSF-8, Residential
Single-Family, 8 units per acre, as shown on Exhibits "A" and `B" attached hereto and made a
part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the
official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED this day of 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN11-3916 TTO LLC
Close Up View
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MARSH ST
_--; Fayetteville City Urits
LiiUdPZN11-3916
- Footprints 2010
- Hillside-Hilltop Ovi rlay District
Design Overlay DI tract
Design Overlay Di trlct
0 150 900 000 900 1.200
------ Planning Area Feet
EXHIBIT `B"
RZN 11-3916
PART OF THE NW1/4, NW1/4 OF SECTION 32, TI7N, R30W IN WASHINGTON COUNTY,
ARKANSAS AND BEING DESCRIBED AS FOLLOWS; BEGINNING AT THE SW CORNER OF
SAID NWIA, NWV4 THENCE N 02°50'27"E 250.00 FEET,THENCE S87°45'II"E 215.44 FEET,
THENCE N 03014'38"E 110.31 FEET,THENCE N 71-59'20"E 214.93 FEET,THENCE N 03°17'00"E
1 0.73 FEET, THENCE N 71°59'20"E 256.69 FEET, THENCE N 03°10'10"E 285.19 FEET,THENCE N
79049'03"E 666.69 FEET, THENCE S 02°21 '02"W 967.01 FEET,THENCE N 87034'37"W 1316.50
FEET TO THE P.O.B; CONTAINING 19.24 ACRES MORE OR LESS SUBJECT TO EASEMENTS
AND RIGHT OF WAY.
T •
aye evl e PC Meeting of September 12, 2011
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: Sep' 44 Updated September 15, 1011
RZN 11-3916: Rezone (HOLCOMB HEIGHTS PZD/TTO, LLC, 245): Submitted by
JORGENSEN&ASSOCIATES for property located at the SOUTHWEST CORNER OF SALEM
ROAD AND WEIR ROAD.The property is zoned R-PZD,RESIDENTIAL PLANNED ZONING
DISTRICT(06-2281 HOLCOMB HEIGHTS I and 07-2613 HOLCOMB HEIGHTS II)and contains
approximately 19.24 acres. The request is to rezone the property to RSF-S, RESIDENTIAL
SINGLE-FAMILY, 8 UNITS PER ACRE. Planner: Jesse Fulcher
BACKGROUND:
Property Description: The subject property is located at the southwest corner of Weir Road and
Salem Road, and contains approximately 19.24 acres zoned Holcomb Heights Planned Zoning
District Phases I and II. Both phases were approved in 2007, with Phase I containing 68 single-
family dwellings and Phase II containing 36 single-family dwellings. A grading permit for Phase I
was approved and streets were cut into the site,but no other work was completed. Both projects are
now expired. The surrounding zoning and land uses are depicted in Table 1.
Table 1 -Surroun ing Zoning and Land Use
Direction Land Use Zoning
from Site
North Single-family residential RSF-4, Residential Single-family 4 Units Per
Acre/Planning Area
South Single-family residential RSF-4, Residential Single-family 4 Units Per Acre
East Single familresidential RSF-4, Residential Single-family 4 Units Per Acre
West Single-family residential R-A, Residential Agricultural
PZD Revocation: If an approved PZD expires the property does not automatically revert back to the
original zoning. The property is unable to be developed or subdivided until the old PZD zoning is
revoked and a new, valid zoning district is assigned.
Proposal: The request is to rezone the property from Holcomb Heights Planned Zoning District
Phases I and II, to RSF-8, Residential Single-family, 8 units per acre.
G:\ETC\Development Services Review\2011\13evelopment Review\11-3916 RZN Holcomb Heights PZD I &II/15
Planning Commission\09-12-2011\Cornments and Redlines
Public Comment: Staff has received one call from a nearby property owner who wanted to know
what uses were allowed in the RSF-8 zoning district.
RECOMMENDATION:
Staff recommends forwarding RZN 11-3916 to the City Council with a recommendation for approval
based on findings stated herein.
PLANNING COMMISSION ACTION: Required YES
Date: September 12,2011 O Tabled 4 Forwarded O Denied
Motion: Chesser Second: Cook Vote: 5-4-0
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: October 4,2011
INFRASTRUCTURE:
Streets: The site has access to Weir Road (Collector street) and Salem Road (Collector
street). Street improvements will be evaluated at the time of development submittal.
Water: Public water is available to the property. There is an 8" water main adjacent to the
south property line and a 2" water main along Weir Road.
Sewer: Sanitary sewer is available to the site. There is an 8"public main located adjacent to
the south property line and an 8"public main on the east side of Salem Road. Public
sewer improvements will be evaluated at the time of development submittal.
Drainage: Standard improvements and requirements for drainage will be evaluated at the time
of development. This property is not affected by the 100-year floodplain and the
Streamside Protection Zones.
Police: The Fayetteville Fire Department has not expressed concerns with this request.
Fire: The Fayetteville Fire Department has not expressed concerns with this request.
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan
designates this site as Residential Neighborhood Area.
G:\ETC\Development Services Review\20110evelopment Review\l 1-3916 RZN Holcomb Heights PZD I&II/15
Planning Commission\09-12-2011\Comments and Redlines
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 RSF-8 zoning is very consistent with land use planning objectives,
principles, and policies and with land use and zoning plans. The requested
zoning allows the same uses as surrounding properties and neighborhoods,
making it highly compatible with existing land uses.The slightly smaller lot size
allowed in the RSF-8 zoning district will allow for a wider variety of lot sizes to
be offered in the area, and make efficient use of the land.
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 needed at this time as the existing R-PZD zoning has
expired and the property is unable to be developed in any manner, including
minor applications such as a lot split or single family residence,until the expired
PZD zoning is revoked and a new zoning district is assigned. As discussed in
Finding No. 1, the proposed zoning is justified as it is compatible with the
surrounding zoning and land uses and consistent with the City's Future Land
Use Plan.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Additional development in the area will certainly increase the amount of traffic
on surrounding streets; however, the overall density should not create an
appreciable amount of traffic over that allowed by the previously approved
PZD's. Improvements to Weir Road and Salem Road will be evaluated at the
time of development, to help facilitate safer traffic movements and improved
level of service.
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 impact of the rezoning and subsequent development will require public
facilities to be improved at the cost of the developer.Without improvements to
existing infrastructure, the proposal would certainly adversely affect public
facilities and services.
GAEMDevelopment Services Review\2011\Development Review\l 1-3916 RZN Holcomb Heights PZD 1&II/15
Planning Commission\09-12-2011\Comments and Redlines