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HomeMy WebLinkAboutOrdinance 4425 ORDINANCE NO. 4425 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 02-27.00 FOR A PARCEL CONTAINING APPROXIMATELY 6. 10 ACRES LOCATED SOUTHEAST OF WEDINGTON DRIVE AND BROOK LANE, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY DAVE JORGENSEN OF JORGENSEN & ASSOCIATES ON BEHALF OF LENWYN EDENS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 : That the zone classification of the following described property is hereby changed as follows: From A- 1 , Agricultural to RMF-6, Low Density Multi-FamilyResidential as shown in Exhibit A attached hereto and made a part hereof. Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. ,PASSED and APPROVED this the 15`h day of October, 2002. Ir r APPROVED: cn N r=r Zc t By: D — co 0 f DANYCOODYNayor z_- _ AT`FES,T n p By: Bather Woodruff, City Wrk 2032171410 • ord . 4425 EXHIBIT "A" RZN 02-27.00 LOT 1 & 2 MILDRED LEE ESTATES PHASE 1 AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK IN WASHINGTON COUNTY, ARKANSAS. 2002171411 forBene Stsmps, Cim_uit Clerk and Ex-oM R order ashlnp;on County, Pfkaneee, do heraSy ser„ , Inds this Inatrumont was fled for r000rd In my office as Indicated hereon and the same le now duly rr_ice as ed iin8ecord the acknowledgement and cortlacate them;, Book and No as Indicated thereonIN , hand and affixed the WHcRSCF, I have her=unto set my sated hereon, Sea' of seitl Court on the date indi- Bette Stamp Circuit Clerk -CM .o erArder by r r NAME OF FILE: Ordinance No. 4425 CROSS REFERENCE: Item # Date Document 1 10/15/02 10rdinance4425 2 09/17/02 Staff Review Form 3 10/22/02 Letter from Heather Woodruff to Tim Conklin NOTES : STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of October 1 , 2002 FROM : Tim Conklin Planning Urban Development Name Division Department ACTION REQUESTED : TO approve an ordinance for RZN 02 - 27 . 00 as submitted by Dave Jorgensen of Jorgensen & Associates on behalf of Lenwyn Edens for property located southeast of Wedington Drive and Brook Lane . The property is zoned A- 1 , Agricultural and contains approximately 6 . 10 acres . The request is to rezone to RMF- 6 , Low Density Multi - Family Residential . COST TO CITY : $ 0 Cost of this request Category/ Project Budget Category/ Project Name Account Number Funds used to date Program Name Project Number Remaining balance Fund BUDGET REVIEW : Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY : A(cup ting Manager Date ADA Coordinator Date o ney Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and on September 9 , 2002 the Planning Commission voted 7 - 0 - 1 to recommend the rezoning be approved by the City Council . • 9/3-O,. Cross Reference Div on e to 6 D epar ent Director Date New Item : Yes No Adm ' ist tive Services Date Prev Ord/Res# : D ' If Mn'yor ate Orig Contract Date : FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM: Tim Conklin, A.I.C.P., City Planner DATE: September 13, 2002 BACKGROUND: Property Characteristics. The subject property is located south of Wedington Dr., a Principal Arterial at Brook Dr., a dead-end gravel road. The property is approximately 6. 10 acres with 11 existing one-story duplexes (22 units). The property was constructed approximately 26 years ago and was annexed into the City as A- 1 Agricultural in 1982. The surrounding property is zoned A- 1 Agricultural. A small single-family residential neighborhood is located to the east along Michael Cole Dr. and other areas are private open space and residential uses on large lots. An RMF-6 district is located to the southwest of the subject property. Proposal. One of the original 12 duplexes burnt down. The applicant proposes to rebuild the burnt duplex, remodel existing structures, and build three four-plexes on existing vacant lots. The applicant is requesting the RMF-6 Low Density Multifamily Residential district to allow for the increased density. The current density is 3 .6 units per acre and the proposed density is 5 .9 units per acre. RMF-6 allows up to 6 units per acre. Approximate density of adjacent properties is between 1 and 2 units per acre. CURRENT STAUS Staff recommended approval and on September 9, 2002 the Planning Commission voted 7-0- 1 to recommend the rezoning be approved by the City Council. RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report. i • ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 02-27.00 FOR A PARCEL CONTAINING APPROXIMATELY 6.10 ACRES LOCATED SOUTHEAST OF WEDINGTON DRIVE AND BROOK LANE, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY DAVE JORGENSEN OF JORGENSEN & ASSOCIATES ON BEHALF OF LENWYN EDENS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification of the following described property is hereby changed as follows: From A-1, Agricultural to RMF-6, Low Density Multi-FamilyResidential as shown in Exhibit A attached hereto and made a part hereof. Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED AND APPROVED this day of , 2002. APPROVED: By: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBIT "A" RZN 02-27.00 LOT 1 & 2 MILDRED LEE ESTATES PHASE 1 AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK IN WASHINGTON COUNTY, ARKANSAS . FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Shelli Rushing, Associate Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: September 5, 2002 RZN 02-27.00: Rezoning (Edens, pp 436) was submitted by Dave Jorgensen of Jorgensen and Associates on behalf of Lenwyn Edens for property located southeast of Wedington Drive and Brook Lane. The property is zoned A- 1 , Agricultural and contains approximately 6. 10 acres. The request is to rezone to RMF-6, Low Density Multi-Family Residential. RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report. PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: September 9, 2002 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: October 1 , 2002 (If approved, 151 reading) Comments: N:IUSERSICOMMONIPLANNINGIREPORTSIPCREPOR7S20011SEPTEMBEM9-91EDENS RZN01-27DOC BACKGROUND: Property Characteristics. The subject property is located south of Wedington Dr., a Principal Arterial at Brook Dr., a dead-end gravel road. The property is approximately 6. 10 acres with 11 existing one-story duplexes (22 units). The property was constructed approximately 26 years ago and was annexed into the City as A- 1 Agricultural in 1982. The surrounding property is zoned A- 1 Agricultural. A small single-family residential neighborhood is located to the east along Michael Cole Dr. and other areas are private open space and residential uses on large lots. An RMF-6 district is located to the southwest of the subject property. Proposal. One of the original 12 duplexes burnt down. The applicant proposes to rebuild the burnt duplex, remodel existing structures, and build three four-plexes on existing vacant lots. The applicant is requesting the RMF-6 Low Density Multifamily Residential district to allow for the increased density. The current density is 3 .6 units per acre and the proposed density is 5.9 units per acre. RMF-6 allows up to 6 units per acre. Approximate density of adjacent properties is between 1 and 2 units per acre. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Residential A- I Agricultural and R- 1 Low Density Residential South Residential A- 1 Agricultural East Residential A- I Agricultural West Residential A- 1 Agricultural INFRASTRUCTURE: Streets: North: Wedington Dr. (Principal Arterial) South: Proposed extension of Persimmon shown on Master Street Plan East: Michael Cole Dr. West: None Water: Existing — no extensions necessary Sewer: Existing — no extensions necessary LAND USE PLAN: General Plan 2020 designates this site residential. Rezoning this property to RMF-6 is consistent with the land use plan and compatible with surrounding land uses in the area. H..-I USE"COMMOMPL4NNINGIREPORMPCREPOR7S10011SEPTEMBER19-91EDENS_RZN01.17DOC • • 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 rezoning is consistent with the Future Land Use Plan, which designates the subject property as residential. The Future Land Use Plan does not distinguish between levels of residential density. 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 necessary for the applicant to construct the four- plexes and is appropriate for rebuilding the burnt duplex. 3 . A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Findings from Planning: The requested rezoning permits a maximum of 36 units on this property. This is an increase of 14 units from the existing development. Using the Trip Generation model, the additional units may increase traffic up to 60% from the existing development (see attached Trip Generation rates). Average Trips Existing (22 units) Maximum permitted with Difference proposed zoning 36 units Avg. Weekday 2-Way Volume 145 237 +92 Saturday 2-Way Volume 158 258 +100 Findings from Public Works: The proposed zoning may result in additional traffic volumes for this area, due to the potential change in land use. The access to the developed site and the circulation network within the development shall be reviewed in detail as part of the subdivision submission process or large scale development process. The layout, connectivity, circulation plan, ingress and egress provisions will be reviewed in detail as the information becomes available. H:IUSERSICOMMONIPLANNINGIREPOR7SIPCREPOR7S20021SEPTEMBER19-91EDENS RZN02-27DOC 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: FindingsfromPlanning: The average household size in Fayetteville in 2000 was 2.21 persons. Using this figure, we estimate that with the existing units, there are approximately 48 persons (22 units x 2.21 persons). The estimate on. the proposed zoning is 79.2 persons (36 X 2.21 persons). This is a little less than double what is already at this location. Findings from Public Works: The proposed zoning may increase the total population of this area, adding to the loading on the existing infrastructure systems. During the development's review and approval process the adequacy of the existing infrastructure to accommodate the service requirements will be assessed by the developer's consultant and reviewed by city staff. Any inadequacies, lack of availability, need for improvements and determination of responsibility for the infrastructure improvements shall be resolved during the development's review/approval process. Findings from Fire Department: Estimated response time is 7 to 10 minutes. A solid driving surface would be needed for this complex, access to buildings with proper turning radius or an U-shaped street. Additional fire hydrants will be required. Findings from Police Department: The police department does not have any objection to the rezoning being granted. They do not believe there will be any adverse affect to public safety should this property be rezoned. 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 Ha USERSICOMMONIPLANNINGIREPOR7SIPCREPORTS 20021SEPTEMBERI9-9tEDENS_R7JN02-27DOC