HomeMy WebLinkAboutOrdinance 5677Doc ID: 015709100003 Type: REL
Kind: ORDINANCE
Recorded: 05/05/2014 at 09:05:23 AM
Fee Amt: $25.00 papa 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
Fi1e014-00010752
ORDINANCE NO. 5677
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 14-4645, FOR
APPROXIMATELY 10.22 ACRES, LOCATED NORTH OF
ALBERTA STREET AND WEST OF THE COVES FROM R-
PZD, RESIDENTIAL PLANNED ZONING DISTRICT, 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 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 15th day of April, 2014
APPROVED:
ATTEST:
By: A""— - "�.
SONDRA E. SMITH, City ClerJTrea�y>t�Tlrllf
!
EXHIBIT "All
RZN14-4645
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ZN14-4645
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EXHIBIT `B"
RZN 14-4645
A part of the West Half (W %) of the Southwest Quarter (SW %) of the Northwest Quarter
(NW 1/4) of Section 24, Township 16 North, Range 31 West (Sec 24, T -16-N, R -31-W) and
more particularly described as follows: Beginning at a '/z" rebar marking the Northwest
Corner of the Southwest Quarter (SW %) of the Northwest Quarter (NW Y4) of Section 24,
Township 16 North, Range 31 West (Sec 24, T -16-N, R -31-W), thence S 87017'55" E,
104.52 feet; thence S 72°17'15" E, 86.70 feet; thence S 87°17'55" E, 69.39 feet; thence
N 06057'26" E, 22.52 feet; thence S 87°17'55" E, 50.14 feet; thence S 06057'26" W, 22.52
feet; S 87017'55" E. 79.86 feet; thence N 76°13'34" E, 79.18 feet; thence S 87°17'55" E,
107.76 feet; S 11031'38" W, 64.83 feet; thence S 11038'18" W, 73.15 feet; thence S
12013'18" W. 154.96 feet; thence S 11056'46" W, 52.07 feet; thence S 01053'47" W,
371.96 feet; thence N 87°59'22" W, 411.52 feet; thence N 87°59'33" W, 149.74 feet;
thence S 89051'53" W, 92.75 feet; thence N 01054'57" E, 717.17 feet to the point of
beginning containing 445,225.46 square feet or 10.22 acres. Basis of Bearings is a
Survey by Tony Anderson (PLS 1272), job number 06-12-02, dated 9/12/07.
Washington County, AR
I certify this instrument was filed on
05/05/2014 09:05:23 AM
and recorded in Real Estate
File Number 2014-00010752
Kyle Sylvester{ uit Cleric
by
Jesse Fulcher
Submitted By
City of Fayetteville Item Review Form
2014-0168
Legistar File Number
04/15/2014
City Council Meeting Date - Agenda Item Only
NIA for Non -Agenda Item
Action Required:
Development Services
Department
RZN 14-4645: Rezone (NORTH OF ALBERTA ST. AND WEST OF THE COVESITHE COVES, 555):
Submitted by KIM HESSE for property located at NORTH OF ALBERTA ST. AND WEST OF THE COVES.
The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately
10.22 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS
PER ACRE.
Does this item have a cost? =
Cost of this request
Account Number
Category or Project Budget
Funds Used to Date
$0.00
Program or Project Name
Program or Project Category
Project Number Remaining Balance Fund Name
Budgeted Item? = Budget Adjustment Attached?
V2U13UU12
Previous Ordinance or Resolution # 3/ TjNT E�
Original Contract Number:
Comments:
x'31-I�
`ica °�_- 4"_L_� `3 - 31 • Zer"
CITY OF
a e e11qY ARKANS
MEETING OF APRIL 15, 2014
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
FROM: Jesse Fulcher, Senior Planner
DATE: March 27, 2014
SUBJECT: RZN 14-4645: Rezone (NORTH OF ALBERTA ST. AND WEST OF THE
COVES/THE COVES, 555): Submitted by KIM HESSE for property located at
NORTH OF ALBERTA ST. AND WEST OF THE COVES. The property is zoned
RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately
10.22 acres. The request is to rezone the property to RSF-8, RESIDENTIAL
SINGLE-FAMILY, 8 UNITS PER ACRE.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of an ordinance to rezone the subject
property from R-PZD, The Coves to RSF-8, Residential Single-family.
BACKGROUND:
The subject property is located north of Alberta Street and contains approximately 10.22 acres
within an expired R-PZD (08-3170) The Coves. The property has some partial development
improvements, including grading and gravel base for the planned Springfield Drive. The
property is adjacent to the Fayetteville/Farmington City Limit on its west and south boundaries.
DISCUSSION:
On March 24, 2014 the Planning Commission forwarded this item to the City Council with a
recommendation of approval with a vote of 6-0-0.
BUDGET/STAFF IMPACT:
None
Attachments:
• Draft ordinance, exhibits and staff report
Mailing Address:
113 W. Mountain Street www.fayetteville-argov
Fayetteville, AR 72701
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 14-4645, FOR
APPROXIMATELY 10.22 ACRES, LOCATED NORTH OF
ALBERTA STREET AND WEST OF THE COVES FROM R-
PZD, RESIDENTIAL PLANNED ZONING DISTRICT, 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 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
APPROVED:
By:
LIONELD JORDAN, Mayor
day of 2014
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A'■
RZN14-4645
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EXHIBIT "B"
RZN 14-4645
A part of the West Half (W'/2) of the Southwest Quarter (SW 1/4) of the Northwest Quarter
(NW Y4) of Section 24, Township 16 North, Range 31 West (Sec 24, T -16-N, R -31-W) and
more particularly described as follows: Beginning at a '/2" rebar marking the Northwest
Corner of the Southwest Quarter (SW Y4) of the Northwest Quarter (NW 1/4) of Section 24,
Township 16 North, Range 31 West (Sec 24, T -16-N, R -31-W), thence S 87°17'55" E,
104.52 feet; thence S 72017'15" E, 86.70 feet; thence S 87017'55" E, 69.39 feet; thence
N 06057'26" E, 22.52 feet; thence S 87017'55" E, 50.14 feet; thence S 06057'26" W, 22.52
feet; S 87017'55" E, 79.86 feet; thence N 76013'34" E, 79.18 feet; thence S 87°17'55" E,
107.76 feet; S 11031'38" W, 64.83 feet; thence S 11038'18" W, 73.15 feet; thence S
12°13'18" W, 154.96 feet; thence S 11056'46" W, 52.07 feet; thence S 01°53'47" W,
371.96 feet; thence N 87059'22" W, 411.52 feet; thence N 87°59'33" W, 149.74 feet;
thence S 89°51'53" W, 92.75 feet; thence N 01'54'57" E, 717.17 feet to the point of
beginning containing 445,225.46 square feet or 10.22 acres. Basis of Bearings is a
Survey by Tony Anderson (PLS 1272), job number 06-12-02, dated 9/12/07.
CITY OF
ayevi 1e
Y ARKANSAS
TO:
THRU:
FROM:
MEETING DATE
PLANNING COMMISSION MEMO
Fayetteville Planning Commission
Andrew Garner, City Planning Director
Jesse Fulcher. Senior Planner
M aFGhivrm-oh 24,- , 2014 Updated March 27, 2014
SUBJECT: RZN 14-4645: Rezone (NORTH OF ALBERTA ST. AND WEST OF THE
COVESITHE COVES, 555): Submitted by KIM HESSE for property located
at NORTH OF ALBERTA ST. AND WEST OF THE COVES. The property
is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and
contains approximately 10.22 acres. The request is to rezone the property
to RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN 14-4645 to the City Council with a recommendation for
approval.
BACKGROUND:
The subject property is located north of Alberta Street and contains approximately 10.22 acres
within an expired R-PZD (08-3170) The Coves. The property has some partial development
improvements, including grading and gravel base for the planned Springfield Drive. The property
is adjacent to the Fayetteville/Farmington City Limit on its west and south boundaries.
Because the property is adjacent and contiguous with the City of Farmington, the proposed
rezone will not be in force until it is approved by both municipalities, under Arkansas Statute (ACA
14-56-306). Surrounding land use and zoning is depicted on Table 1.
Table 1
Surroundinq Land Use and Zoning
Direction from Site
Land Use
Zoning
North
Undeveloped
R-PZD
South
Undeveloped
N/A (City of Farmington)
East
Single -Family Residential
R-PZD
West
Single -Family Residential/Elementary School
N/A (City of Farmington)
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
Request: The request is to rezone the property from R-PZD, the Coves to RSF-8, Residential
Single -Family, 8 units per acre.
Public Comment: Staff has not received public comment.
PLANNING COMMISSION ACTION:
Date: March 24, 2014 O Tabled V Forwarded O Denied
Second: Vote:
CITY COUNCIL ACTION: Required
Date: April 15, 2014 O Approved O Denied
INFRASTRUCTURE:
Streets: The site has access to Alberta Street and Springfield Drive. Alberta Street is a two
lane road with curb and gutter slated as a collector. Improvements to this road
would be determined at the time of development. Springfield Drive is a public road
internal to an adjacent subdivision and is fully improved.
Water: Public water is accessible to the site. An 8" water main has already been
constructed through the site under the previously proposed road.
Sewer: Sanitary sewer is not available to the site. An extension from the north or east will
be required for this parcel to be developed.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. This property is not affected by the 100 -year floodplain or
the Streamside Protection Ordinance.
Fire: This development will be protected by Engine 7 located at 835 Rupple Rd. It is 3
miles from the station with an anticipated response time of 4 minutes to the
beginning of the development. The Fayetteville Fire Department does not feel this
development will affect our calls for service or our response times.
Police: The Police Department did not express any concerns with this request.
CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Map (FLUM)
does not include the property included in this request. This property was part of a recent exchange
of land between Farmington and Fayetteville, and the FLUM was has not been updated to reflect
the exchange. However, the surrounding areas are designated as Residential Neighborhood
Area.
GAETC\Development Services ReviewQ0140evelopment Review\14-4645 RZN (The Coves)\03 Planning Commission\03-24-2014\Comments
and Redlines\14-4645 PLNG Comments
Residential Neighborhood Areas are primarily residential in nature and support a variety of
housing types of appropriate scale and context, including single-family, multi -family and row
houses. Residential Neighborhood Areas encourage highly connected, compact blocks with
gridded street patterns and reduced setbacks. It also encourages traditional neighborhood
development that incorporate low -intensity non-residential uses intended to serve the surrounding
neighborhood, such as retail and offices on corners and along connecting corridors. This
designation recognizes conventional setbacks and development patterns that respond to features
in the natural environment.
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: The property has no designation under the 2030 Plan Future Land Use Map,
but the proposed zone is entirely consistent with the designation of
surrounding properties, which are designated as Residential Neighborhood
Area. The RSF-8 district will allow a density similar to the PZD zoning,
allowing an efficient use of the existing planned infrastructure. The zoning
would be compatible with the existing medium -density single family
development to the east and west.
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, considering that the existing R-PZD zoning
district has expired, and the property currently has no zoning overlay at all.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Overall the change in zoning should result in approximately the same
density as was allowed under the PZD designation. Therefore, the zoning
change should not appreciably increase traffic danger or congestion. Alberta
Street can adequately handle projected traffic from this site with the
proposed rezoning.
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: As already noted rezoning the property from the PZD designation to RSF-8
should not result in any appreciable change in density and therefore there
should not any undesirable increase on public services. Comments from
utility and emergency service providers are provided herein.
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:
GAETC\Development Services ReviewQ0140evelopment Review\14-4645 RZN (The Coves)\03 Planning Commission\03-24-2014\Comments
and Redlines\14-4645 PLNG Comments
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: NIA
BUDGET/STAFF IMPACT:
None
Attachments:
• Proposed zoning criteria
• Applicant's letter
• Rezoning exhibit/survey
• Maps
GAETC%Development Services Review\2014\Development Review\14-4645 RZN (The Coves)\03 Planning Commission\03-24-2014\Comments
and Redlines\1441645 PLNG Comments
161.09 District RSF-8, Residential Single -Family — 8 Units Per Acre
(A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into
conformity and to allow for the development of new single family residential areas with similar lot size,
density, and land use as the historical neighborhoods in the downtown area.
(B) Uses.
(1) Permitted uses.
Unit 1 Cit -Wide uses by right
Unit 8 Sin2le-family dwellings
Unit 41 Accessory dwellings
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit
Government facilities
Unit 9
Two-family dwellin s
Unit 12
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
1 Cottage Housing Development
(C) Density.
(D) Bulk and area regulations.
(1) Lot width minimum.
Single-family
By Right
Single-family
50 ft.
dwelling units per
8 or less
acre
(D) Bulk and area regulations.
(1) Lot width minimum.
Single-family
50 ft.
Two-family
50 ft.
Townhouse, no more
than two attached
25 ft.
(2) Lot area minimum.
Single-family 5,000 sq. ft.
Two-family 5,000 sq. ft.
(3) Land area per dwelling unit.
Single-family 5,000 sq. ft.
Two-family 5,000 sq. ft. El
G:\ETC\Development Services Review\2014\Development Review\14-4645 RZN (The Coves)\03 Planning Commission\03-24-2014\Comments
and Redlines\14-4645 PLNG Comments
Townhouse, no more 2,500 sq. ft.
than two attached
(E) Setback requirements.
Front Side Rear
15 ft. 5 ft. 5 ft.
(F) Height regulations.
Building Height 45 ft.
Maximum
(G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area, except
when a detached garage exists or is proposed; then the area occupied by all buildings shall not
exceed 60% of the total lot area.
(Ord. 4783, 10-18-05; Ord. 5028, 6-19-07; Ord. 5128, 4-15-08; Ord. 5224, 3-3-09; Ord. 5312, 4-20-10;
Ord. 5462, 12-6-11)
GAETC\Development Services Review\2014\Development Review\14-4645 RZN (The Coves)\03 Planning Commission\03-24-2014\Comments
and Redlines\14-4645 PLNG Comments
i
EDA
Earthplan Design Alternatives, PA
CNiI Engineering! C'iids6pe Ai Nleciune
Rezone Request
Parcel: 765-16274-500
Owner: Rausch Coleman Homes, LLC
P.O, Box 10560
Fayetteville, AR 72703-0044
479-455-2025
Current Zone R-PZD 08-3170
Zone Requested RSF-8
Reason for Rezone Request:
Rausch Coleman Homes wishes to develop the property as a single family residential subdivision
similar to the R-PZD OS -3170 approval that was granted for the property in 2008 and has since
expired. The RSF-8 zoning designation is similar to the zoning criteria previously approved for
the property.
Relationship to surrounding properties:
• Land Use: The RSF-8 zoning designation will enable Rausch Coleman Homes to develop
the property in the Coving concept that was utilized during the development of the first
phase of The Coves, the residential subdivision directly to the east of the subject
property. RSF-8 allows for similar lot sizes and widths, as well as setback dimensions
that are a vital part of the caving design concept. Property to the north is owned by RCH
and is planned for future phases of The Coves. There is a residential subdivision directly
to the west within Farmington and a planned mixed use subdivision across Alberta Drive
to the south.
e Traffic —Alberta Street provides access to the property and is designated as a collector
street connecting to Broyles Drive to the west and stubbed out to the east forfuture
connection to Rupple Road.
Development Characteristics —The property is planned to be an extension of The Coves
development with similar curvilinear streets and housing options. As mentioned above,
further expansion of The Coves is planned directly to the north which will complete The
Coves Master Plan that was proposed to the City of Fayetteville in 2008.
Availability to Public Utilities:
• Water —An 8" waterline was constructed through the property with the development of
the first phase of The Coves. That waterline provides a loop from the first phase to an
existing 8" line running along Alberta Street.
• Sewer—The development will propose a gravity sewer to connect to the sewer line
flowing from The Coves Phase One toward a 12" line running along Farmington Branch.
Consistencies with future land use planning objectives, principles and policies:
Development of the property for single family residential meets the proposed land use plan for
the area. Utilizing the coving design concept should reduce the linear footage of streets, utilites
and drainage infrastructure needed for each home.
Justification for the Zone:
Since the land's previous zoning of R-PZD has expired, this rezone request will allow for the
future development of the property for single family residential use.
Traffic Impacts:
The property will have direct access to Alberta Drive which was designed and constructed to
meet Collector street status and design to handle the additional traffic of a residential
development.
Impact on public services:
The existing public roads serving this property were designed with the development of this land,
as a medium density development, In consideration.
Feasibility of development under current zoning designation.
The property had recently been designed and approved as R-PZD 08-3170 and that entitlement
has since expired requiring a rezoning of the property prior to development.
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Zoning Review
To:
Jesse Fulcher
From:
Harley Hunt
Date:
February 26, 2014
Re:
RZN 14-4645
THE CITY OF FAYETTEVILLE, ARKANSAS
FIRE DEPARTMENT
TIMI 303 West Center Street
p Fayetteville, AR 72701
P 14791575-036S Ff4791575-0071
This development will be protected by Engine 7 located at 835 Rupple Rd.
It is 3 miles from the station with an anticipated response time of 4 minutes to the beginning of the development.
The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times.
If you have any questions please feel free to contact me.
Battalion Chief H. Hunt
Fire Marshal
Fayetteville Fire Department
Telecommunications Device for the Deaf TDD(47%521-1316 IMVest iMnuntaln-Fayetteville, AR 72701
RZN 14-4645
Future Land Use
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....-... Multi -Use Trail (Existing)
• •• Future Trailss
Fayetteville 'hl y Q 1�1 I
FUTURE LAND USE 2030
CLASS
_ Natural Area ROB ST
_ Rural Area
Residential Neighborhood Area
- City Neighborhood Area
_ Urban Center Area
Industrial
G=e,wvic and Private Open
- Civic Institutional
Non -Municipal Govemr
ROW
Q RZN14-4645
Design Overlay District
Design Overlay District
----• Planning Area
THE COVES
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' SUBJECT PROPERTY
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D� PRIVATE 120;
9�
0 200 400 600 1,200 1,600
Feet
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SWEETGUM LN if
PRIVATE 1295
SERVICEBERRY DR
RZN 14-4645
Close Up View
THE COVES
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Legend
--....,. Multi -Use Trail (Existing)
^^ Future Trails
_ - - Fayetteville City Limits
LUQUVZN14-4645
Footprints 2010
- Hillside -Hilltop Ovi rlay District
Design Overlay Di 5trict
Design Overlay Di trict
------ Planning Area 0 175 350 700 oso LaFB81
SERVICE9ERRY OR
NORTHWEST ARKANSAS DEMOCRAT -GAZETTE
NORTHWESTARKANSAS
THE MORNING NEWS OF SPRINGDALE
NEWSPAPERSLLC
THE MORNING NEWS OF ROGERSTIMES
NORTHWEST ARKANSAS TIMES
BENTON COUNTY DAILY RECORD
212 NORTHEAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 727021479-44&17001 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arkansas, bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
City of Fayetteville -
Ordinance 5677
Was inserted in the Regular Editions on:
April 24, 2014
Publication Charges: $71.34
S � I
Subscribed and sworn to before me
This I dayof�At 2014.
ea I�h V1 L
Notary Public I
My Commission Expires: 42.40*
------------
CATHY WILES
Arkansas - Benton County
Notary Public - Comm# 12397118
My Commission Expires Feb 20, 2024
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
