HomeMy WebLinkAboutOrdinance 4668 ORDINANCE NO. 4 6 6 8
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 04- 1332 FOR
PROPERTY LOCATED AT 1760 STARR DRIVE
CONTAINING APPROXIMATELY 5 .99 ACRES FROM RSF-
1 , RESIDENTIAL SINGLE FAMILY, ONE UNIT PER ACRE
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 RSF- 1 , Residential Single Family, One Unit Per Acre to
RSF-4, Residential Single Family, four 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 4t' day of January, 2005 .
APPRO D :
By:
D N COODY, Mayor
ATTEST: e��•R 'W I!R�"f .
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By _ U; FAYETTEVILLE ; 3
S N RA SMITH, City Clerk �: R P ~ '
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EXHIBIT "A"
RZN 04-1332
PART OF THE SW '/4 OF THE SE '/4 OF SECTION 1 , T16N, R30W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS : BEGINNING AT THE NE CORNER OF SAID SW '/4, SE '/4 THENCE
S00004'4617E 884.25 FEET, THENCE S890415271TW 394.57 FEET, THENCE N08046'0099E
162.03 FEET, THENCE N89041727"E 36.78 FEET, THENCE N17001 ' 1 2"E 93.92 FEET,
THENCE N07012 '477 298.57 FEET, THENCE N04002 '237 339.93 FEET, THENCE
N890461367 242.94 FEET TO THE P.O.B.; CONTAINING 5.99 ACRES MORE OR
LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD.
o�e.v
City Council- Meng of January 4, 2005 y668
Agenda Item Number
CITY COUNCIL AGENDA . MEMO
'NAV 5
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy Pate, Interim Zoning and Development Administrator
Date: December 15, 2004
Subject: Rezoning for Hays (RZN 04- 1332)
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 5 .99 acres of
property from RSF- 1 , Residential Single Family I unit/acre, to RSF-4, Residential Single Family
4 units/acre.
BACKGROUND
The subject property is currently vacant and contains a 5 .99-acre tract. It is located off of Starr
Dr. and would be accessed by Arapaho Dr. through the Barrington Park subdivision. The property
is bordered to the east and north by the Barrington Park subdivision, which is zoned RSF-4,
Residential Single Family 4 units/acre. To the east, the property is zoned RSF- 1 , and is
agricultural in nature with a single family home existing. To the south of this property is the St.
Joseph's school. This property was annexed by the City in July of 2004 as part of the "island
annexations".
The applicant originally requested to rezone the subject property from RSF- 1 , Residential Single
Family 1 unit/acre to RMF- 12, Residential Multi-Family, 12 units per acre. After meetings
between the applicant and the Barrington Park Neighborhood Association, the applicant modified
their request to change the zoning to RSF-4, Residential Single Family 4 units/acre. The applicant
intends to process a preliminary plat and final plat for this property sometime in the near future.
DISCUSSION
Staff recommends approval of the proposed rezoning to RSF-4, Residential Single Family 4
units/acre, finding that the proposed rezoning is consistent with future land use planning
objectives, principles, and policies for Residential Areas.
On December 13, 2004, the Planning Commission voted 8-0-0 to forward this item to the City
Council with a recommendation for approval .
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04- 1332 FOR PROPERTY
LOCATED AT 1760 STARR DRIVE CONTAINING
APPROXIMATELY 5 .99 ACRES FROM RSF- 1 , RESIDENTIAL
SINGLE FAMILY, ONE UNIT PER ACRE TO RSF-4,
RESIDENTIAL SINGLE FAMILY, FOUR UNITS ACRE.
BE IT ORDAINED A THE CITY UNCITHE CITY OF
FAYETTEVILLE, ARKANSAS: �\
Section 1 : That the zone classification \nff \\thefollowing described
property is hereby changed.asfollows:
From RSF-1 , Residential Singelleee Family, O\Unit Per Acre to RSF-4,
Residential Single Family, four units per as shown in Exhibit "A" attached
hereto and made a parVhereof.
Section 2. That a ficial zonin\p of the City of Fayetteville,
Arkansas, is hereby� .amended to reflect the zoning change provided in
Section 1 above.
PASSED AND,APP this day of , 2004.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
)
By:
Sondra Smith, City Clerk
EXHIBIT "A"
RZN 04-1332
PART OF THE SW '/a OF THE SE '/a OF SECTION 1 , TI 6N, R30W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS : BEGINNING AT THE NE CORNER OF SAID SW '/4, SE '/< THENCE
S00004'46"E 884.25 FEET, THENCE S89041 '273)W 394.57 FEET, THENCE N08°46TVE
162.03 FEET, THENCE N89041 '2713 36.78 FEET, THENCE N17 01 12"E 93 .92 FEET,
THENCE N07012'47"E 298 .57 FEET, THENCE N04002%2315&339.93 FEET, THENCE
N89046' 36"E 242 .94 FEET TO THE P.O.B. ; CONTAINING 5 .99\ACRES MORE OR
LESS SUBJECT TO EASEMENTS AND RIGHT O— F WAY OF RECORD.
V 1 1� PC Meeting of December 13 , 2004
ARye
KANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville, AR 72761
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Leif Olson, Associate Planner
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: December 7, 2004
RZN 04- 1332: (J.B. HAYS, 373): Submitted by CRYSTAL GOEDEREIS for property located
at 1760 STARR DR. The property is zoned RSF- 1 , RESIDENTIAL SINGLE-FAMILY 1
UNIT / ACRE and contains approximately 5 .99 acres. The request is to rezone the subject
property to RMF- 12, RESIDENTIAL MULTI-FAMILY 12 UNITS/ACRE.
Property Owner: J.B. HAYS Planner: LEIF OLSON
RECOMMENDATION:
Staff recommends denial of the request rezoning the property RMF-12, Residential multi-
family 12 units/acre based on the findings herein.
BACKGROUND:
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: December 13, 2004
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Property description: The 5.99 acres of property is located east of Starr Dr. and south of
Madison St. This property was an annexed by the City Council as part of the "island annexation"
in the summer of 2004. At the time of annexation the property was zoned RSF- I , Residential
Single-Family I unit per acre. At the current time, the property is vacant and undeveloped.
Background: The City's General Plan 2020 recommended the annexation of unincorporated
islands surrounded by the city limits. This parcel was identified in the Plan as a candidate for
annexation by the City. In the spring of 2004 Staff was directed to begin the process of
identifying, mapping, and notifying the property owners that would be impacted. The subject
property officially came into the city limits on July 20, 2004.
KAReports120041PC Reportsl12-13-041RZN 04-1332 (JB Hays rmf 11).do
• )
Public Comment: Staff has received comments and concerns with the requested rezoning from
surrounding property owners. Concerns raised by property owners in the area include density,
compatibility, access, and traffic concerns. Letters of opposition received by the Planning Office
are enclosed in the staff report.
Proposal: Crystal Goederies, the applicant's representative, has conveyed in the attached letter
the owner's (J.B. Hays) intent to develop this property as multi-family residential. The applicant
proposes two access points to the development for vehicular access. One is access is proposed
off of Madison Dr. to the north across the intervening property. The other access proposed is the
extension of Arapahoe Dr. from the Barrington Park S/D to the east.
Request: The applicant is requesting the property be rezoned from RSF- 1 , Residential Single
Family 1 unit/acre, to RMF-12, Residential Multi-family 12 units/acre.
Recommendation: Staff recommends denial of the requested RMF- 12 zoning based on the
findings herein.
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North Single-family residential RSF-4, Residential Single-family, 4 units/acre
South Vacant R-A, Residential Agricultural
East Single family residential RSF4, Residential Single-family, 4 units/acre
West Single family and agricultural RSF- 1 , Residential Single-family, 1 unit/acre
INFRASTRUCTURE:
Streets: Currently the site has access to Arapaho Dr. At the time of development, this
street would need to be extended and constructed to City standards to provide
access to the proposed property. These improvements would include right-of-way
dedication, pavement, curb and gutter, storm drainage and sidewalks. Depending
upon the amount of development, an additional access to the property may be
required.
Surrounding Master Street Plan Streets: (None are directly adjacent to
this property)
North: Mission Blvd. (Principal Arterial)
South: None
East: Hunter Rd. (Minor Arterial) — partially constructed
West: Starr Rd. (Collector)
Water: The site currently does have access to public water. The nearest water main is an
8" main to the east in Barrington Parke Subdivision. Water service will need to
be extended within the property at the time of development. Additional
K.VReportsV20041PC Reports112-13-04WZN 04-1332 (JB /lays rmf 11).doe
• !
connections may be required to complete looped systems.
Sewer: The site does have access to sanitary sewer to the east and north. Sewer service
will need to be extended within the property at the time of development.
Fire: No Response
Police: It is the opinion of the Fayetteville Police Department that this rezoning will
substantially alter the population density and thereby undesirably increase the
load on police services and create and appreciable increase in traffic danger and
congestion in the area. We already have concerns about excessive speed and
increased traffic from the school on this road. This area is one of the most
congested in Fayetteville. Given the community concern expressed from citizens
in this area, we do not feel we can recommend the density requested for this area.
We do not feel the current road system can handle the increased traffic generated
from this proposed development
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to RMF- 12 is not consistent with the land use plan or compatible with surrounding land uses in
the area.
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 property is currently vacant. There are no other multi-family zoning
designations in this area. The property to the north and east of this site has
been developed as single-family residential. Rezoning the property for multi-
family use is not consistent with the surrounding land uses.
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 not justified or needed at this time. The proposed
zoning is not consistent with the surrounding zoning or land uses.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed_ zoning would significantly increase traffic congestion in this
area. The location of the school south of this site places a considerable
amount of traffic in this area during the morning and afternoon times. The
Fayetteville Police Dept. responded that there already is concern about
excessive speed and increased traffic in this general area.
K..-IReportsl2004IPC Reportsll2-13-041RZN 04-1332 (JB Hays rmf 12).doe
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 proposed zoning would substantially alter the population density in the
area, based on the RMF-12 zoning requested. With this rezoning an increase
of 66 units would be permitted. The density proposed with this rezoning
would significantly impact the load on public services in the surrounding
area.
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
K:IReports110041PC Reports112-13-041RZN 04-1332 (JB flays rmf 12).do
161.11 District Rmf-12, Residential Multi- Fraternity or Sorority 2 acres
Family — Twelve Units Per Acre Professional offices 1 acre
(A) Purpose. The RMF- 12 Multi-family Residential (3) Land area per dwelling unit.
District is designed to permit and encourage the
development of multi-family residences at a Manufactured home 3,000 sq. ft.
moderate density that is appropriate to the area. Apartments:
No bedrooms 11700 sq. ft.
One bedroom 1 ,700 sq. ft.
(B) Uses. Two or more 2,000 sq. ft.
bedrooms
( 1 ) Permitted uses. Fraternity or Sorority 1 ,000 s . ft. Let resident
Unit 1 City-voce uses by right (E) Setback requirements.
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings Front Side Rear
Unit 10 Three-familydwellings 25 ft. 8 ft. 25 ft.
Unit 26 Multi-family dwellings
Cross reference(s)—Variances, Ch. 156.
(2) Conditional uses. (F) Height regulations. Any building which exceeds
the height of 20 feet shall be set back from any
Unit 2 City-wide uses by conditional use perunit side boundary line an additional distance of one
Unit 3 Public protection and utility facilities foot for each foot of height in excess of 20 feet.
Unit 4 Cultural and recreational facilities
Unit 11 Manufactured home park (G) Building area. None
Unit 24 Home occupations
Unit 25 Professional offices
Unit 36 Wireless communications facilities
(C) Density.
Units per acre 4 to 12
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park 100 ft.
Lot within a manufactured home park 50 ft.
Single family 60 ft.
Two-family 60 ft.
Three and more 90 ft.
Professional offices 100 ft.
(2) Lot area minimum.
Manufactured home park 3 acres
Lot within a manufactured 4,200 sq. ft.
home park
Townhouse:
*Development 10,000 sq. ft.
*individual lot 2,500sq. ft.
Single-family 6,000 sq. ft.
Two-family 7,000 sq. ft.
Three or more 9,000 sq. ft.
K. 1Reportsl20041PC Reports112-13-041RZN 04-1332 (JB Hays rmj12).doc
To: City Planning in response to question for Re-zoning
6. a) J.B. Hays — no ownership changed planned at this time.
b) The need for the zoning change is to place on upscale residential housing
neighborhood in an area where it is needed; where it fits in with the
surrounding neighborhoods and the cities 2020 plan along with the adjoining
properties.
c) The property will relate to the surrounding properties well due to the fact
the neighborhood has a mix of R/O, RMF, RSF and 2 schools. Therefore the
land use is in accordance to the 2020 plan and future land use plan in the
neighborhood. Placing two egresses on this property will decrease the amount
of traffic using just one drive. We are proposing egresses off of Arapaho and
one off of Madison. This way it will slow the traffic pattern by giving access
to 2 major thru ways that of Starr Drive and Highway 45. Starr Drive is to be a
collector street on the future street map. For this reason we are also proposing
a stub out leading to the west which can be utilized in future endeavors giving
this piece 3 egresses. There will be no signage other than a street sign. The
appearance of the RMF or RSF will be similar to those in the neighborhood.
d) See map. In addition there are 8" water and sewer lines on 2 sides of this
property.
7. a) According to what I have found out the land use is residential. This depends
on whom you talk with as if this means RSF or RMF. Whichever one it is
neither one matter because the property is well suited for both and there are
both in the neighborhood now. Both have succeeded due to the fact that both
RSF and RMF have been done tastefully and with a lot of green space.
Principles of land use are to use the land to benefit the most people and still fit
in to its surroundings. As you can see we have meet this guideline.
b) The proposed zoning is needed at this time which is evident by the number
of people looking for RSF and RMF.
c) The additional increase in traffic should have a minimal effect due to the
fact that Madison Drive and Arapaho both lead to major thru ways, Starr
and 265. The other point is that this project is residential therefore there
would not be traffic entering and exiting all hours of the day and night.
d) The proposed zoning will alter the population density somewhat but no to
a great degree. We are projecting a mix of demographics. Therefore
schooling would be a minimal amount but we also have Vandergriff
School and ST. Joseph's School within walking distance to this project.
The water and sewer facilities will be no more than for any small scale
residential use.
e) In today's market (the price of real estate and development cost) it would
be impossible to use the land as RSF 1 . The city council knew this when the
property was forcibly annexed and we were assured that there would be no
problem on getting the zonings that we needed but we could not get them
before being annexed. Therefore we went along with the annexation.
t