HomeMy WebLinkAboutOrdinance 4552A
ORDINANCE, NO. 4552
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04-03.00 AS SUBMITTED BY
JAMES MCCORD ON BEHALF OF DONALD AND FRANCES
FITZGERALD FOR PROPERTY LOCATED AT THE
NORTHWEST CORNER OF WF,DINGTON DRIVE AND 51s'
AVENUE CONTAINING APPROXIMATELY 1.51 ACRES 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 FAYETTEVI LI.E.,
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 1 above.
PASSED and APPROVED this the 6`h day of April, 2004.
By:
SONDRA SMITH, City Clerk
APPROVED:
By:A ae, C '
DAN COODY, Mayor
Doc I0: 007275440002 Tvoe: REL
Recorded: 05/21/2004 at 08:14:59 AM
Fee Amt. $11.00 Paae 1 of 2
Washington Countv. AR
Bette Stamps Circuit Clerk
File2004-00019662
CI
•
EXHIBIT "A"
RZN 04-03.00
LOT NUMBERED TWELVE (12) IN HAMESTRING SOUTH ADDITION, AS PER
PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK
AND EX-OFFICIO RECORDER OF WASHINGI'ON COUNTY, ARKANSAS
Washington County, AR
I certify this instrument was filed on
05/21 /2004 0814:59 AM
and recorded in Real Estate
File Number 2004-00019662
Bette Stamps - Circuit Clerk
3A,
a •
NAME OF FILE: Ordinance No. 4552
w/Ex. A
CROSS REFERENCE:
Item # Date Document
1 03/18/04 memo to mayor & city council
2 draft ordinance
3 03/01/04 memo to Planning Commission
4 copy of §161.03
5 copy of Statement in Support
6 03/02/04 copy of letter to Dawn Warrick
7 03/02/04 copy of memo to Dawn Warrick
8 copy of map Close Up View
9 copy of map One Mile View
10 copy of map Future Land Use
11 03/24/04 Staff Review Form
12 04/08/04 memo to Dawn Warrick
13 04/13/04 Affidavit of Publication
14
15
16
17
18
19
20
21
22
23
24
25
NOTES:
05/21/04 filed with the Wash. Co. Circuit Clerk
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
Date: March 18, 2004
Subject: Rezoning request for McCord/Fitzgerald (RZN 04-03.00)
City Counciltecting of April 06, 2004
Agenda Item Number
oz��ti-3,n�
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately1.51 acres
of property from R-A, Residential Agricultural to RSF-4, Residential Single-family, 4
units per acre.
The subject property is 1.51 acres of vacant property located north of Wedington Drive
and west of 51" Street. Surrounding properties contain single family homes with a
church located east of this site across 5151 Street. Two new subdivisions are currently
being constructed further north and east of this property which will contain single family
residences and are zoned RSF-4. In recent actions the Planning Commission and City
Council have approved rezoning requests for the two properties immediately north of this
tract from R-A to RSF-4.
Proposal: The applicant proposes to rezone the 1.51 acre tract in anticipation of the
development of three single family residential dwellings. The requested zoning will
provide for additional residential development at a maximum density of 4 units per acre.
On March 8, 2004, the Planning Commission voted 9-0-0 to forward this item to the City
Council with a recommendation for approval.
BUDGET IMP
None.
0
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 04-03.00 AS SUBMIT" 1'ED BY JAMES MCCORD ON BEHALF
OF DONALD AND FRANCES FI ZGERALD FOR PROPERTY LOCATED AT
THE NORTHWEST CORNER OF WEDINGTON DRIVE AND 5 1 ""
AVENUE
CONTAINING APPROXIMATELY 1.51 ACRES 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 I: 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 1 above.
PASSED AND APPROVED this day of , 2004,
ATTEST:
By
Sondra Smith, City Clerk
APPROVED:
By:
DAN COODY, Mayor
• i
EXHIBIT "A"
RZN 04-03,00
LOT NUMBERED TWELVE (12) IN IIAMESTRING SOUTH ADDITION, AS PER
PLAT OF SAID ADDITION ON FILE IN TILE OFFICE OF THE CIRCUIT CLERK
AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS
FAYETTEVILLE
1-1112 CITY OF FAYE'FI EVlLLE, ARKANSAS
PC Meeting of March 08, 2004
125 W. Mountain St.
Fayetteville, AR 72701
'Telephone: (479) 575-9267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Associate Planner
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: March 1, 2004
RZN 04-03.00: Rezoning (McCord/Fitzgerald, pp 398) was submitted by James McCord,
Attorney, on behalf of Donald and Frances Fitzgerald for property located at the northwest corner
of Wedington Drive and 51"Avenue. The property is currently zoned R-A, Residential
Agricultural, and contains 1.51 acres. The request is to rezone the property to RSF-4, Residential
Single-family, 4 units per acre. Planner: Suzanne Morgan
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
COMMISSION ACTION:
March 08, 2004
COUNCIL ACTION:
April 06, 2004
BACKGROUND:
Required YES
O Approved O Denied
Required YES
O Approved O Denied
Properly Characteristics: The subject property is 1.51 acres of vacant property located north of
Wedington Drive (a Principal Arterial) and west of 5 1 " Street (a local street). Surrounding
properties contain single family homes with a church located east of this site across 51" Street.
Two new subdivisions are currently being constructed further north and east of this property
which will contain single family residences and are zoned RSF-4. In recent actions the Planning
Commission has approved rezoning requests for the two properties immediately north of this
tract from R-A to RSF-4.
Proposal: The applicant proposes to divide the subject property to provide for three single family
lots.
I
Requesl: The applicant is requesting the property be rezoned from R-A, Residential Agricultural, to
RSF-4, Residential Single Family, 4 dwelling units per acre.
Recommendation: Staff recommends approval of the rezoning request based on the findings
included in the stall report.
SURROUNDING LAN_ D USE AND ZONING:
Direction Land Use
North Single family residential
South Single family residential
Fast Church
West Single family residential
INFRASTRUCTURE:
Zoning
RSF-4, Residential single family, 4 units/acre
R-A, Residential Agricultural
R-A, Residential Agricultural
R-A, Residential Agricultural
Access to this property is available from Wedington Drive along the south boundary as well as
51" Street along the east boundary. Wedington Drive is classifieds 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.
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to RSF-4 is consistent with the land use plan and compatible with surrounding land uses in the
area.
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 proposed zoning is compatible with land use planning objectives and
with the City's adopted Future Land Use map and General Plan 2020. This
area is currently developed with single family dwellings and this request is
consistent with the recent rezoning and development approvals.
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 in that it is consistent with adopted land use
policies and it will promote orderly and consistent development patterns. In
order to develop this property, a different zoning designation is necessary.
In the R-A zoning district, only one single family home on a minimum of 2
acres can be permitted.
0
3. A determination as to whether the proposed zoning would create or appreciably increase
traflic danger and congestion.
Finding: The proposed zoning will allow for development and provide additional
traffic on Rupple Road, Wedington Drive, Patrick Street when extended and
other streets in the area. Off -site improvements would likely be necessary in
order to provide safe access to this site.
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 proposed zoning will not alter population density in any real way_ Four
single family dwelling is the most that could be developed without the
creation of a subdivision and planning commission review which would
include consideration of on and off -site improvements.
Engineering —The property currently has access to a 6" water line along 51" Avenue
and an 8" waterline along Wedington. This line should be sufficient to provide
water service to the development of the site.
Sewer service is located along 5l"Avenue as well. The I5"main .should be
sufficient to provide sewer service to the development of the site.
If development occurs on this site, 51"Avenue would need to be improved to a
minimum of 14'from centerline including pavement, curb and gutter, storm
drains and sidewalk.
Fire- Fire response time (actual drive time) from the new Station #7 is I minute 47
seconds, a one mile distance.
Police - It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially alter the population density and thereby undesirably increase lite
load on police services or substantially increase congestion in the area.
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
LI
161.03 District R-A, Residential- Agricultural
(A) Purposes. The regulations of the agricultural
district are designed to protect agricultural land
until an orderly transition to urban development
has been accomplished; prevent wasteful scattering
of development in rural areas; obtain economy of
public funds in the providing of public
improvements and services of orderly growth;
conserve the tax bate; provide opportunity for
aOi/rdable housing, increase scenic attractiveness;
and conserve open space.
(B) User.
(1) Permitted user.
Unit 1
Citpvode uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit
37
Manufactured homes
(2) ('onditional uses.
Unit 2
City-wide uses by conditional use
4
Cultural and recreational facilities
Unit 20
Me",11Unit
Commercial recreation, lar a siteUnit
24
Home occu ations
Unit36
Wireless communicabons facilitie
(C.) Density.
Units per acre One-half
(D) Bulk and urea re); udations.
Lot width minimum
200 ft.
Lot Area Minimum
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwelling unit
2 acres
(F.) .Srthurk requirements.
Front _
Side
Rear
35 fl.
20 ft
35 ft
(F) Height requirements. There shall be no maximum
height limits in the A -I District, provided,
however, that any building which exceeds the
height of 15 icet shall be setback from any
boundary line of any residential district a distance
of 1.0 foot for each foot of height in excess of 15
feet. Such setbacks shall be measured from the
required setback lines.
((i) Building area. None.
(Code 1965, App. A., Art. 5(I ), Ord. No. 1747, 6-29-70: Code 199I,
§ 100.030:Ord. Nn. 4100, §2 (Ex. A), 6-16--98; Ord. Nn 4178.8-11-
99)
161.07 District RSF-4, Residential Single -
Family — Four Units Per Acre
(A) Purpose. The RSF4 Residential District is
designed to permit and encourage the development
of low density detached dwellings in suitable
environments- as well as to protect existing
development of these types.
(B) Uses.
(1) Permitted uses.
Unit 1 Ci -wide uses by right
Unit 8 Sin le-famflX dwelling
(2) Conditional user.
Und 2
City-wide uses by conditional use permit
Unit 3 _
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 9
Two-family dwellings
Unit 24
Home occupations
Unit
36
Wireless communications facilities
(C) Deavay.
Single-family
Two-family
dwellings
dwellinqs
11 Units
1 acre
1 4 or less
7 or less
(D) Bulk and area regulations.
Single-family
dwellini
Two-family
dwellin s
Lot minimum width
70 ft.
80 R.
Lot area minimum
8,000 sq. ft.
12,000 sq. ft.
Land area per
dwelling unit
8,000 sq. ft.
6,000 sq. ft.
(B) Setback requirements.
Front
I Side
Rear
25 ft.
8 ft
20 ft.
(F) Height. None.
(G) Building area. On any lot the area occupied
by all buildings shall not exceed 40%of the total
area of such lot.
(Cade
1991.
§ 160.031;
Ord.
No. 4100, §2 f Ex.
A),
6-16A8; Ord No.
4178.
8 31
99)
STATEMENT IN SUPPORT OF FITZGERALD REZONING APPLICATION
LOT 12, HAMSTRING SOUTH ADDITION
5 (a) Current ownership information- Donald K. Fitzgerald and Frances L.
Fitzgerald, husband and wife. There are no proposed or pending sales
at this time.
(b) Reason (need) for requesting the zoning change- to construct and
sell three single family residential dwellings, contingent on obtaining lot
split approval.
(c) Statement of how the property will relate to surrounding properties in
terms of land use, traffic, appearance, and signage- The proposed single
family dwellings are consistent with the surrounding land use. Single
family dwellings adjoin the property to the north and to the west; a church
is adjacent to the east; and, a single family dwelling on several acres is
adjacent to the south. Three single family dwellings will not significantly
increase traffic on 515t Avenue and Wedington Drive. The appearance of
the proposed dwellings will be compatible and harmonious with the
surrounding uses. No signage is proposed.
(d) Availability of water and sewer- A 6" water line and a 15" sewer line
are available on site.
6 (a) The degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning
plans- RSF-4 zoning is consistent with the current zoning (R-A and
RSF-4) in the area and complies with the City's General Plan 2020 (Future
Land Use) which recommends residential use for the property.
(b) Whether the proposed zoning is justified and/or needed at the time of
the request- The proposed RSF-4 zoning is justified by the current
demand for single family residential housing in the area. It is needed
because the site is approximately 1.51 acres and the current zoning of R-
A requires a minimum size of 2 acres for a single family dwelling. The
proposed density of three dwellings on 1.51 acres is less than the density
allowed by RSF-4 zoning (4 dwellings per acre).
(c) Whether the proposed zoning will create or appreciably increase
traffic danger and congestion- Traffic from three single family dwellings will
not create or appreciably increase traffic danger and congestion.
(d) Whether the proposed zoning will alter the population density and
thereby undesirably increase the load on public services including
schools, water and sewer facilities- The proposed RSF-4 zoning and
proposed density of three single family dwellings on 1.51 acres will not
undesirably increase the load on public services.
(e) Why it would be impractical to use the land for any of the uses
permitted under its existing zoning classification- The current zoning
classification is R-A which requires two acres for each single family
dwelling. The site is only 1.51 acres. Agricultural uses are not practical on
such a small site and would not be compatible with the adjacent
residential and church properties.
FAYFITFVII LE
THE CT' OF FAYETTEVILLE, ARKANSAS
March 2, 2004
Dawn Warrick
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Warrick,
RECEIVED
MAR 0 3 2004
PLANNING DIV.
This document is in response to the request for a determination of whether the proposed
zoning RZN 04-03.00: Rezoning (McCord/Fitzgerald, pp 398) for property located at
the northwest comer of Wedington Drive and 5157 Ave. would substantially alter the
population density and thereby undesirably increase the load on public services or create
and appreciable increase in traffic danger and traffic congestion.
It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially alter the population density and thereby undesirably increase the load on
police services.
It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially increase traffic congestion in the area.
Si�nccrcly,
�I,icut.11, Wit ram rown
Fayetteville Police Department
POLICE OEPARTMENT
AYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701
to. BOX 1988 JAIL 140-A WEST ROCK STREET 72701
AYETTEVILLE, ARKANSAS 72702-1988 PHONE: 501-587-3555 FAX: 501-5873522
Mar 02 04 02:43p
Daw Farrar
FAYETTEVILLE
FIRE MARSHAL'S OFFICE
THE CITY OF FAYETTEVILLE ARKANSAS
From Fire Prevention Bureau
To: Planning Division
Date.
REZONING ANNEXATION
(5046 444-3447 p.3
REZONING4_Q/_03,pd OWNER�BQO l�� .s0�/
ANNEXATONft OWNER/' a
LOCATION OF
PROPERTY-i) �Grurj r <I%TrJ._
NEARES FIT RE STATION AND
LOCATION 5 �_ � � ) /,
RESPONSE TIME FROM 141RE STATION # 7 TO
LOCATION OF
PROPERTY_MINUTTS_ 417 SECONDS.
TRAVEL MILES FROM FIRE STA
PROPERTY TION #_ % TO LOCATION OF
/.��
COMMENTS ON FIRE DEPT.
ACCFSS/ROADWAYS
EXISTING FIRE IIYDRANTS2IF SO
LOCATION
WATER SUPPLY NEEDED2_ WITH HYDRANTS
ADDITIONAL
COMMENTS
MAIN OFFICE
115 SOUTH CHURCH ST.
(501) 444-3448 / (501) 444-3449
FAX (501) 575-8272
SUBSTATION
N.W.A MALL
(501) 575-8271
FAX (501) 575-8272
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STAFF WIEW FORM - NON -FINANCIAL AIGATION
x AGENDA REQUEST
For the Fayetteville City Council Meeting of: April 6, 2004
FROM:
Dawn Warrick
Name
Planning CP&E
Division Department
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
R7,N 04-03.00: Rezoning (Fitzgerald, pp 398) was submitted by Jim McCord on behalf of Donald and
Frances Fitzgerald for property located at the northwest comer of Wedington Drive and 51 st Avenue
containing approximately 1.51 acres. The request is to approve an ordinance rezoning the subject property
from R-A, Residential Agricultural to RSF-4, Residential Single Family, four units per acre.
STAFF RECOMMENDATION
Head
City
Department Director
Finance & Internal Services Dir
inistrativc Officer
Approval.
/I 4/y V Received in Mayor's Office 37 T
Date Date- Y
')(z z/ae/ /
Date
Cross Reference:
Date
Previous Ord/Res4:
Date Orig. Contract Date:
Orig. Contract Number:
Da
New Item:
Yes No
FAYETTEV 1 LLE
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearman v
City Clerk Division
Date: April 8, 2004
Re: Ordinance No. 4553
Attached is an executed copy of the above ordinance passed by the City Council, April 6, 2004,
approving rezoning of RZN 04-3.00 containing approximately 1.51. acres, as requested by
Donald and Frances Fitzgerald.
This ordinance will be recorded in the city clerk's office, microfilmed, published in a newspaper of
general circulation and filed at the county courthouse. If anything else is needed please let the
clerk's office know.
Attachment(s)
AFFIDAVIT OF PUBLICATION
do solemnly swear that I am
Leg I Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell, Arkansas, and that
from my own personal knowledge and reference to the files of said
publication, that advertisement of:
was inserted in the regular editions on
** Publication Charge: $ 9L�
Subscribed and sworn to before me this RECFIA/FD
- day of _ AV 2004.
-- --- CITY OF hqT eTTEVILLE
CITY CLERK'S OFFICE
Notary Public
My Commission Expires: _ 071) .2013
*' Please do
not
pay
from Affidavit.
An invoice
will
be
sent.
Official Seal
SEAN-MICHAEL ARGO
Notary Public -Arkansas
WASHINGTON COUNTY
My Commlaslon Expires 07-25.2013
no.
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