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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 sA,• ';moi =U• FAYETTEVILLE• r'',9sy9d'KANSPQJ�`` EXHIBIT "A" RZN11-3916 TTO LLC Close Up View 1 � 1 t rc 1 1 0 0 1 1 1 � 11 1 RBFa 1 1 i 1 F 1 1 1 WEIR qO 1 -- - SUBJECTPROPERTY 1 -------"-- IF IKALh[.- 1 1 1 1 Wer. -`-'• '•'"•'�••• GYPSUM DR BARITE DR f— J, Plum O � g � Y GROUSE RD I� CRYSTAL OR O J tai ! J SWEETGRASSRD w G it y ?d Legend •-- - Multi-Use Trail (Exis ing) Future Trails p BeRTGRAss RD MARSH ST L---: Fayetteville City Limits baggpZINI 11-391 6 Footprints 2010 - Hillside-Hilltop Ovi Irlay District Design Overlay DI itrict Design Overlay DI trict 0 150 30D 600 90D 1,200 ----- 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 1 1 , 1 1 y z 1 RSF4 01 r 1 1 1 WEIR RO 1 -------------------- SUBJECT PROPERTY 1 1 1 1 1 1 r GYPSUMDR ' OL GROUSE10 t CRYSTAL OR 4 SWEETGRASs RD w? 6 J a Legend .•••• Multi-Use Trail (Exiling) Future Trails eENTGRASS�Ra 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