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Home My WebLink AboutOrdinance 4509 ORDINANCE NO, 4509 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 03-26.00 AS SUBMITTED BY DOUGLAS MCDOUGALL FOR PROPERTY LOCATED AT 1187 51sr AVENUE ( LOT 9, HAMESTRING SOUTH ADDITION) FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY BE 1T ORDAINED BY TIIE 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 R-A, Residential Agricultural, to RSF-4, Residential Single-Family, 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 19th day of August, 2003 , epY E i /E�i� ` APPROVED: 10S By: � . AN COODY, Mayor By. 6014 — SONDRA SMITH, City Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID : 006635860002 Tvae . REL Recorded : 10/24/2003 at 09 : 15 : 49 AM Fee Amt : 511 . 00 Paae 1 of 2 Mashlnaton county . AR Bette stamps circuit clerk F11e2003-00055997 EXHIBIT "A" RM 03-26. 00 LOT NINE (9) IN HAMESTRTNG SOUTH ADDITION, BEING A PART OF THE EAST HALF (E %2) OF THE NORTHEAST QUARTER (NE '/4) OF SECTION ELEVEN ( L1 ), IN TOWNSHIP SIXTEEN ( 16) NORTH, RANGE. THIRTY-ONE (3 1 ) WEST IN WASHINGTON COUNTY, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING SHOWN IN S [ JRVEY BOOK 9 AT PAGE 6. Washington County, AR I certify this instrument was filed on 10/24/2003 09:15:49 AM and recorded in Real Estate File Number 200340055997 Bette Stam s - Circuit Clerk ; i by ' 0 0 NAME OF FILE : Ordinance No. 4509 CROSS REFERENCE : Item # Date Document 1 08/19/03 IStaff Review w/attachments: memo to mayor & city council draft ordinance copy of Planning Commission minutes copy of memo to Planning Commission copy of §161 .03 copy of §161 .07 copy of checklist copy of Close Up View copy of One Mile View copy of Future Land Use 2 08/27/03 memo to Dawn Warrick 3 09/13/03 Affidavit of Publication NOTES : 10/24/2003 filed with the Washington County Circuit Clerk STAFFOVIEW FORM - NON-141INANCIAL AGATION x AGENDA REQUEST For the Fayetteville City Council Meeting of'. August 19, 2003 FROM : Dawn Warrick Planning CP&E Name Division Department ACTION REQUIRED: Ordinance Approval . SUMMARY EXPLANATION : RLN 03-26.00 was submitted by Douglas McDougall for property located at 1 187 51st Avenue ( Lot 9 in I lamestring South Addition). The property is zoned R-A, Residential Agricultural and contains approximately 3 .01 acres. 'fhe request is to rezone the property to RSF-4, Residential Single-family, four units per acre. III STAFF RF.COMMENDA'FION : Staff recommended approval and on July 28, 2003 the Planning Commission voted 7-0-0 to recommend the rezoning be approved by the City Council . / )L 4 / 03 Received in Mayor's Office V 03 Divviissii'on'I-'lead )ate Date L St P --- lI City Attorney Date —� e l/-Gt3 Cross Reference: Department Director Date Previous Ord/Rcs# : Finance & Internal Services Dir. Date Orig. Contract Date : Orig. Contract Number: Chi 1y1 ' ins live Officer Date New Item : Yes No Mayor )ate TL r0 6, S/+J f7 0 0 FAYETTEV I LLE CC Meeting of August 19, 2003 '1'I Ili CITY OF FAYEFrEVILLE. ARKANSAS 125 W. Mountain tit. Fayeaeville. AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE 10 : Mayor Dan Coody Fayetteville City Council FROM : Dawn Warrick, AICP, Zoning & Development Administrator IV THRIJ : Tim Conklin, AICP, Community, Planning & Engineering Services Director DATF,: August 1 , 2003 RZN 03-26.00: Rezoning (McDougall, pp 398) was submitted by Douglas McDougall for property located at 1 187 51 " Avenue (Lot 9 in Hamestring South Addition). The property is zoned R-A, Residential Agricultural . The request is to rezone the lot to RSF-4, Residential Single-family- 4 units per acre. BACKGROUND: Properly description: The subject property is located north of Wedington Drive along the west side of 51 't Street. There is currently one single family home with accessory structures located on the 3 .01 acre tract. Surrounding properties contain single family homes with a church located east of the site across 5l " Street. Two new subdivisions are currently being constructed further north and east of the property which will contain single family residences and are zoned RSP-4. In recent actions, the Planning Commission has approved a rezoning request for the property immediately north of this tract in order for that piece to be split for one additional single family home. Prnpos•ul: The applicant proposed to divide the subject property to provide one additional single family lot. Request: The request is to rezone from RA to RSF-4 in order to allow for the creation of one additional residential lot. CURRENT STATUS: On June 28, the Planning Commission voted 7-0-0 to forward this item to the City Council with a recommendation for approval . RECOMMENDATION: Staff recommends approval of the requested rezoning. K:U?vpw f.62003CCREPOR7NWuguc1 Alretingclrm03-26 ma7ougall cc mema doc ORDINANCE NO. AN ORDINANCE RI17.ONING TI IAT PROPERTY DESCRIBED IN RE70NING PE'T'ITION RZN 03-26.00 AS SUBMITTED BY DOUGLAS MCDOUGALL FOR PROPERTY LOCATED AT 1187 511T AVENUE (LOT 9, HAMESTR1NG SOI JTFI ADDITION) FROM R-A. RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER ACRE. 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 R-A, Residential Agricultural, to RSF-4, Residential Single-Family, 4 Units Per Acre, 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 I above. PASSED AND APPROVED this day of , 2003. APPROVED: By: DAN COODV, Mayor ATTEST: By: Sondra Smith, City Clerk EXIIIBIT "A" RZN 03-26.00 LOT NINE (9) IN HAMESTRING SOUTH ADDITION , BEING A PART OF THE EAST HALF (E %a) OF THE NORTHEAST QUARTER (NE '/4) OF SF,CTION ELEVEN ( 11 ). IN TOWNSHIP SIXTEEN ( I6) NORTII, RANGE THIRTY-ONF. (3 1 ) WEST IN WASHINGTON COUNTY, ARKANSAS, AS PER PLAT OF SAID ADDI'lION ON FILE, IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING SHOWN IN SURVEY BOOK 9 AT PAGE 6. Planning Commissioo • Julv 28, 2003 Page 17 RLN 03-26.00: Rezoning (McDougall, pp 398) was submitted by Douglas McDougall for property located at 1187 51 " Avenue ( Lot 9 in Flamestring South Addition). The property is zoned R-A, Residential Agricultural . The request is to rezone the lot to RSF-4, Residential Single-family- 4 units per acre. I loover: Item number six on the agenda is R7,N 03 -26.00 for property at 1187 51 " Avenue. Dawn? Warrick . This property is located north of Wedington Drive along the west side of 51 " Street. There is currently one single-family home with accessory structures located on the 3 . 10 acre tract. Surrounding properties contain single-family homes with a church located east of the site across 51 " Street. Two new subdivisions are currently being constructed further north and east of the property which will contain single- family residences and are zoned RSF-4. In recent actions the Planning Commission has approved a rezoning request for the property immediately north of this tract in order for that piece to be split for one additional single- family home. The applicant proposes to divide the subject property to provide one additional single-family lot and the request in order to do that is to rezone the subject property from R-A. Residential .Agricultural to RSF-4, Residential Single- family four units per acre. The applicant would propose if this rezoning is successful to bring forward a lot split request in order to create the second tract. Access to the property is available from Wedington Drive to the south as well as 51 " Street, which lies around the eastern boundary. Wedington Drive is classified a principal arterial on the Master Street Plan. 51 " Street is a local street. 51 " Street north of the subject property is on the city limits and has been improved adjacent to the new subdivision, Sage Meadows, which is under construction. Further north 51 " Street adjoins an additional subdivision, Fairfield, also under construction and then 51 " Street becomes Sunshine Road. Water and sewer are both available to this site with a 6" waterline along 51 " Street and a 15 " sewer main located also along 51 " Street. The General Plan Future Land Use Map designates this site as residential . Therefore, the zoning request to single-family residential is consistent with that plan. With regard to findings: The first finding is consistency with the plan and I ' ve mentioned that. Second. with regard to whether it is justified or needed: The consistency with the adopted land use plan and policies does justify this rezoning request. Also, the ability to further develop the property a different zoning designation is required in order to do that. The R-A, Agricultural zoning district would only permit one single-family home to be located on this property. It contains three acres and the minimum lot size for a single-family home in this zoning district is two acres. Determination as to whether the zoning would create or appreciably increase traffic danger and congestion: ]'he finding is that the proposed zoning will only allow the development of one additional single-family Planning CommissioO • .lulu 28, 2003 Page 18 home on the property. The addition of approximately ten vehicle trips per day will not substantially impact the existing street infrastructure. Also, the final finding with regard to whether the proposed zoning would alter population density in a manner to undesirably increase the load on public services: The proposed zoning will not alter population density in any real way. We are talking about one additional single-family dwelling which could be developed without the creation of a subdivision and Planning Commission review. Anything further than the single- family dwelling would require additional reviews and infrastructure or offsite improvements potentially if we were looking at something more than just a lot split to create one additional lot. With that, staff is recommending in favor of the request and 1 will be happy to answer any questions. I louver: Thank you Dawn. Would the applicant come forward'? McDougall : I am Doug McDougall. I ' m the applicant and I just wanted to mention, there was an issue that 1 discussed with Renee earlier the possibility that an adjacent land owner may want some of the property in the back for which I would have no use after I completed my project so i might possibly request a property line adjustment and I don ' t know if I need to say that now but [ just don' t want to be denied that in the future because it wasn't mentioned on the front end. I loovcr: Thank you. At this time I will open it up to the public . Is there anyone who would like to address this RZN 03-26 .009 Seeing none. 1 will bring it back to the Commissioners. Bunch: Seeing that this project is the same tenor as other projects in the immediate neighborhood I move that we recommend RZN 03-26.00 to the City Council . Hoover: I have a motion by Commissioner Bunch, is there a second'? Shackelford : I will second. Hoover: A second by Commissioner Shackelford. Is there anymore discussion? Seeing none. Renee, would you call the roll please'? Roll Call: Upon the completion of roll call the motion to forward RZN 03-26 . 00 to the City Council was approved by a vote of 7-0-0. I'hontas: The motion carries seven to zero. Iloovcr: Thank you. 0 • FAYETTEVILLE PC Meeting of July 28 , 2003 'I'1I1:. CI1'1' OF FAYL• TTGVII.LH, .4RKANSAS 113 W. Mountain St. Fayetteville, AIR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE-' TO: Fayetteville Planning Commission FROM : Dawn Warrick, AICD, Zoning & Development Administrator THRID : Tim Conklin, AICP, Community, Planning & Engineering Services Director DATI?: Julv 23 , 2003 RZN 03-26.00: Rezoning (McDougall, pp 398) was submitted by Douglas McDougall 1br property located at 1 187 51 " Avenue (Lot 9 in Hamestring South Addition ). The property is zoned R-A, Residential Agricultural . The request is to rezone the lot to RSF-4, Residential Single-family- 4 units per acre. RECOMMENDA'T'ION : Staff recommends approval of the requested rezoning based on the findings included as part of this report. PLANNING COMMISSION ACTION: Required YES 0 Approved 0 Denied Date: July 28, 2003 CITY COUNCIL. ACTION : Required YES O Approved O Denied Date: August 19, 2003 (1 " reading if recommended) Comments: BACKGROUND: Property description: The subject property is located north of Wedington Drive along the west side of 51 " Street. There is currently one single family home with accessory structures located on the 3 .01 acre tract. Surrounding properties contain single family homes with a church located cast of the site across 51 " Street. Two new subdivisions are currently being constructed further A' `Jt1:PnH1'N'2003P( 9 HEPOHM07-18V2A%103-_6 U 'DO/:GALL DDC 0 0 north and east of the property which will contain single family residences and are zoned RSI-4 . In recent actions, the Planning Commission has approved a rezoning request for the property immediately north of this tract in order for that piece to be split for one additional single family home. Proposal. The applicant proposed to divide the subject property to provide one additional single family lot. Request. The request is to rezone from RA to RSP-4 in order to allow for the creation of one additional residential lot. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning I North Single lainily residential RSF-4, Residential single lamily, 4 units/acre South Single family residential --- RA, Residential_Agricultural — Gast Church _ _ KA. Residential A¢ricultural West Single lamily residential t RA, Residential Agricultural INFRASTRUCTURE: Access to this property is available from Wedington Drive to the south as well as 51 " Street along the east boundary. Wedington Drive is classified as a principal arterial on the Master Street Plan and 51 " Street as a local street. 51 " Street north of the subject property is on the city limits line and has been improved adjacent to the new subdivision. Sage Meadows, which is under construction currently. Further north, 51 " adjoins an additional subdivision (Fairfield) under construction and becomes Sunshine Road. Water and sewer are both available to this site with a 6" water line along 51 " Street and a 15" sewer main also along 51 " Street. LAND USE PLAN: General Plan 2020 designates this site Residential . Rezoning this property to RSP-4. Residential single family. 4 units/acre, is consistent with the land use plan and compatible with surrounding land uses in the area. FINDINGS OF THE STAFF I . 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 is consistent with land use planning objectives and with the City's adopted Future Land Use map and General Plan 2020. The area is K. ',REI'OR7SC'n1 ?P( RPP0R7S107-.8WZN3-:6 J1C71000ALL DOC