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HomeMy WebLinkAboutOrdinance 4829 EXHIBIT "A" RZN 06-1852 A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS 1029.00" WEST AND 62.55' NORTH FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N76056'27"W ALONG THE NORTH RIGHT-OF-WAY OF WEDINGTON DRIVE 92.29', THENCE N89044'02"W ALONG SAID RIGHT-OF-WAY 33 .79' TO THE CENTERLINE OF A CREEK, THENCE ALONG SAID CREEK CENTERLINE N00036' 11 "W 70.93', N01031 '24"W 124.97', N17057103 "W 87.211, N00020'43 "E 55 .041, N0100515811W 91 .441 , NO3020' 10"W 101 .23', THENCE LEAVING SAID CREEK CENTERLINE N89057'55 "E 161 .95' TO THE WEST RIGHT-OF-WAY LINE OF WEST END DRIVE, THENCE ALONG SAID RIGHT-OF-WAY SOUTH 547.45' TO THE POINT OF BEGINNING. CONTAINING 1 .74 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN UTILITY, RESTRICTIONS, AND RIGHT-OF-WAYS OF RECORD. Washington County, AR I certify this instrument was filed on 02/28/2006 09:57: 17 AM and recorded in Real Estate File Number 2006-00008168 Bette Stamps - Circuit C erk by pR u City of Fayetteville Staff Review Form City Council Agenda Items orltO�Qf Contracts n 1 . 7-Feb-06 City Council Meeting Date Jeremy Pat Planning Operations Submitted By Division Department Action Required: RZN 06- 1852 (Scholars Inn Apts., 402): Submitted by Richard A. and Debra R. Flynt for property located at 1125, 1137, 1153, 1 189 North West End Avenue. The property is zoned RSF-4, Residential Single Family, 4 units per acre, and contains approximately 1 .74 acres. The request is to rezone the subject property to RMF-24, Residential Multi-Family, 24 units per acre, to bring an existing non-conforming use into compliance. $0.00 n/a n/a Cost of 7his request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Pro ect Category Name n/a n/a n/a $ E — Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a Department Director Date Original Contract Date: n/a Original Contract Number: n/a City Atter Received in CitClerk's ice (1 ENTERED Firfance and Internal Service Director Date Received in Mayor's Office Ell Mayor Date Comments: City Council Meeting of February 07, 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning i Date: January 17, 2006 Subject: Rezoning for Scholar's Inn Apartments (RZN 06- 1852) RECOMMENDATION Planning Staff recommends approval of the proposed rezoning from RSF4 to RMF-24 on approximately 1 .74 acres located north of Wedington Drive, west of West End Road. BACKGROUND The subject property contains approximately 1 .74 acres of developed property located north of Wedington Drive, east of I-540. The property is currently developed for 51 apartment units, including one office/manager's dwelling. The applicant's intent is to rezone the property to decrease the nonconformity of the existing development (currently 29.31 units per acre). In the future, the applicant may desire to utilize the existing manager's office/dwelling for professional office purposes, which would require a conditional use permit in the RMF-24 zoning district. DISCUSSION This item was heard at the regular Planning Commission on January 09, 2006. The Planning Commission voted 6-0-0 to recommend approval of a rezoning to RMF-24 to the City Council. The proposed multi-family zoning is consistent with the future, land use map and existing zoning and density to the west and north of the subject property. Though the property is adjacent to a single-family residential development to the east, a rezoning of the property would not constitute an encroachment into this single-family residential neighborhood. The rezoning is compatible with multi-family zoning to the west and north. Currently, the development is non-compliant with the required density and building setbacks. Although the current development will be noncompliant with the RMF-24 zoning district, it will allow for the potential redevelopment of the property in a like manner should the structures be destroyed or need significant repair. Additionally, maintaining an area of multi-family zoning adjacent to a Principal Arterial street in close proximity to means of public transportation, a grocery store, and other commercial services is consistent with the General Plan 2020. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06- 1852 FOR APPROXIMATELY 1 .74 ACRES LOCATED AT 1125, 1137, 1 153, 1 189 NORTHWEST END AVENUE FROM RSF-41 RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF-241 RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE. BE IT ORDAINED BY THE CITY COUNCIL O T E CITY OF FAYETTEVILLE, ARKANSAS : Section 1 : That the zone classification of th o 'ng desc b property is hereby changed as follows: From RSF-4, Residential Sing e F L , 4 Ver acre to -245 Residential Multi-Family, 24 units per acre, as sho o ' xhibit "A" Attac ed hereto and made a part hereof. Section 2 : That the official zon a the City o a efteville, Arkansas is hereby amended to reflect the zoning cha ge p i n Section 1 above. PASSED and .ER VED this day o 2006. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk EXHIBIT "A" RZN 06-1852 A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS 1029.00" WEST AND 62.55' NORTH FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N °56'27"W ALONG THE NORTH RIGHT-OF-WAY OF WEDINGTON DRIVE 9 29', ENCE N89044'02"W ALONG SAID RIGHT-OF-WAY 33 .79' TO CENTERLINE OF A CREEK, THENCE ALONG SAID CREEK CENTERL0 6' 11 "W 70.93', NO] °31 '24"W 124.97', N1705710310W 87.21 ', N00020' 3 '355.044005'58"W 91 .44', NO3°20' 10"W 101 .23', THENCE LEAVING SAIDCENTE AE N89057'55 "E 161 .95' TO THE WEST RIGHT-O AY LINE OF W END DRIVE, THENCE ALONG SAID RIGHT-OF-WAYS • H 547. ' TO THE P F BEGINNING. CONTAINING 1 .74 ACRES,MO R SUBJECTJTO THAT PORTION IN UTILITY, RESTRICTIONS, AND I -OFAYS OF RECORD. TayeVl PC Meeting of January 9, 2006 KANSAS T14E CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St. PLANNINGTAR DIVISION CORRESPONDENCE Fayetteville, 57 72701 Tel (479) 575-8267 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: January 4, 2006 Updated January16, 2006 RZN 06-1852: (SCHOLAR'S INN APTS., 402): Submitted by RICHARD A. & DEBRA R. FLYNT for property located at 1125, 1137, 1153, 1189 N. WEST END AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1 .74 acres. The request is to rezone the subject property from RSF-4 to RMF-24, to bring an existing non- conforming use into compliance. Planner: SUZANNE MORGAN RECOMMENDATION: Staff recommends approval of the requested rezoning from RSF-4 to RMF-24 based on the findings included as part of this report. PLANNING COMMISSION ACTION: Required YES ✓ Approved O Denied Date: _January 9, 2006 Motion to Approve by Clark Second. Lack Vote: 6-0-0 (Commissioner Myres did not recuse from this item but was not present for the vote.) CITY COUNCIL ACTION: Required YES O Approved O Denied Date: February 7, 2006 (1st reading if recommended) Comments: BACKGROUND: Property description: The subject property contains approximately 1 .74 acres of developed property located north of Wedington Drive, east of I-540. The property is currently developed for 51 apartment units, including I office/manager's dwelling. K. IReports120061PC Rep0r1s101-09-06VZZN 06-1852 (Sdmlar's Inn Apls).doe Proposal: The applicant's intent is to rezone the property to decrease the nonconformity of the existing development (currently 29.31 units per acre). The applicant may, in the future, desire to utilize the existing manager's office/dwelling for professional office purposes, which would require a conditional use permit in the RMF-24 zoning district. Request: The applicant is requesting the property be rezoned from RSF-4, Residential Single Family, 4 dwelling units per acre, to RMF-24, Residential Multi-Family — 24 units per acre. Recommendation: Staff recommends approval of the rezoning request based on the findings included in the staff report. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Vacant and Mobile Home RMF- 12 (Vacant) and RSF-4 Park South Vacant C-2 East Multi-family residential RMF-24 West Single-family and two-family RSF-4 dwellings INFRASTRUCTURE: Streets: Surrounding Master Street Plan Streets: South: Wedington Dr. (Principal Arterial) West: I-540 & Shiloh Drive (Collector) Water: Water is existing to the development. Sewer: Sewer is existing to the development. Fire: .. These 1 .74 acres are covered by Engine 7 at 835 N. Rupple Rd. It is 1 .4 miles from the station with an expected response time of 3 .75 minutes. The Fire Department anticipates approximately 9 (5 EMS - 4 Fire/Other) calls for service per year once the development is completed and maximum build-out has occurred. The service impact of this development will typically take eighteen months after the development is started, and the units begin to be occupied, to occur. Measured Hydrant Flow in this area is 710 gallons/minute. Static 148; Residual 146; Pitot 100; Measured flow 1630. There should be no adverse effects on our call volume or response time to this development. K:Vtepora11006PC Repora101-09-06V?ZN 06-1851 (Sdiolar's Inn Apts).doc Police: It is the opinion of the Fayetteville Police Department that this annexation will not substantially alter the population density and thereby undesirably increase the load on police services. LAND USE PLAN: General Plan 2020 designates the site as Residential. Rezoning this property to RMF-24 is 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 proposed multi-family zoning is consistent with the future land use map and existing zoning and density to the west and north of the subject property. Though the property is adjacent to a single-family residential development to the east, staff finds that the property requested to be rezoned would not constitute an encroachment into this single family residential neighborhood. In fact, the rezoning is compatible with the multi-family zoning to the west and north and consistent with the existing development of property. An apartment complex with 51 dwelling units including an office/manager's residence currently occupies the 1.74 acres at a density of more than 29 units per acre. Currently, the development is non-compliant with the required density and building setbacks. Although the current development will be noncompliant with the RMF-24 zoning district, it will allow for the potential redevelopment of the property in a like manner should the structures be destroyed or need significant repair. Additionally, maintaining an area of multi-family zoning adjacent to a Principal Arterial street in close proximity to means of public transportation, a grocery store, and other commercial services is consistent with the General Plan 2020. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Rezoning the property to RMF-24 will increase the density permitted by right on the property but would not result in further development. The proposed zoning is justified and needed to allow the owner of the existing property the ability to maintain and repair the existing multi-family development that is compatible with the surrounding multi-family developments to the west and north. 3 . A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. K.6Reporul2006lPC Reporu101-09-06WZN 06-1852 (Sdmlar's /nn Apu).doc Finding: Rezoning the property to RMF-24 would not increase the number of occupants and traffic generated from this property as it is currently utilized for 51 residential apartments. The police department has determined the proposed density will not substantially alter the population density to create an undesirable affect on services. 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: If the existing structures were to ever be destroyed and the property remained RSF-4, the maximum allowable number of dwelling units on the property is 6. The current density of this property is approximately 29.3 units per acre. Therefore, the proposed zoning would alter future population density such that it would allow for six times the units and population than is currently allowed, but if one or all of the existing structures were demolished, the property would redevelop at a lesser density than currently exists. Due to the current development of this property, a rezoning from RSF-4 to RMF-24 would not alter the existing population which would in turn increase the load on public services; Public service providers have responded and their evaluations have been included .within this report. 5. If there are reasons why the proposed zoning should not be approved in view of .x 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 lRepor[r0006PC Reports101-09-06VZZN 06-l852 (Scholar's Inn Apts).doc MEMO To: Suzanne Morgan, Andrew Garner, Jeremy Pate, and Jesse Fulcher Thru: Chief Tony Johnson From: Captain Dale Riggins Date: January 5, 2006 Re: January 3, 2006 Re-zoning Review — Fire Department Comments RZN06-1852 (Scholar's Inn Apartments, 402) These 2.25 acres are covered by Engine 7 at 835 N. Rupple Rd. It is 1 .4 miles from the station with an expected response time of 3 .75 minutes. The Fire Department anticipates 9 (5 EMS - 4 Fire/Other) calls for service per year once the development is completed and maximum build-out has occurred. The service impact of this development will typically take eighteen months after the development is started, and the units begin to be occupied, to occur. Measured Hydrant Flow in this area is 1630 gallons/minute. There should be no adverse effects on our call volume or response time to this If you have any questions or need additional information don't hesitate to call me at x365 1SG4i(e 24yio 'l Fayetteville Fire Department Scholar's Inn Apartments RZN06- 1852 1 .4 Miles from Station 6 4 Minute Response Time (Blue line indicates 6 minute response time) It � Itl� l� � } 410 010 11 DY_ f a / 4+ a 1F12 s � ik 3 � V4. ' � FAYETTEVILLE pOLI ,`F THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT 99YANSP`' January 3, 2006 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, This document is in response to the request for a determination of whether the proposed Annexation RZN 06-1852 (Scholar's Inn Apts., 402) submitted by Richard A. & Debra R. Flynt for property located at 11252 11373 1153 and 1189 N. West End Ave. would substantially alter the population density and thereby undesirably increase the load on public services or create an 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 or create and appreciable increase in traffic danger and congestion in the area. Sincerely, , 01 CaBr own Fayetteville Police Department FAYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: IWA WEST ROCK STREET 72701 awbasamp too -h WESTf20ClLSTRriGT FAYETTEVILLE, ARKANSAS 608ft9W -)a101 PHONE: 479-5873555 FAK: 479,5873522