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)
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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