HomeMy WebLinkAboutOrdinance 4927 Doc ID : 010455000002 TvDe : REL
Recorded : 10/ 10/2006 at 09 : 57 : 43 AM
Fee Amt : $11 . 00 Paoe 1 of 2
Washlnaton Countv . AR
Bette Stemos Circuit Clerk
F11e2006-00041622 u
ORDINANCE NO. 4927
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 06-2181 , FOR
APPROXIMATELY 1 .36 ACRES, LOCATED AT 1855 -
PORTER ROAD FROM R-A, RESIDENTIAL
AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 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 on 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.
TR 'let,
PASSED and APPROVED this 19thday of September, 2006. =\�' •`'�'F?
ZU
FAY ETTEVI LLE ;
APPROVED: ATTEST:
00
N
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By: By: iCly
DAN COODY, Mayor } SONDRA SMITH, City Clerk
s
EXHIBIT "A"
RZN 06-2181
TRACT B :
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 6, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A
FOUND IRON PIN THAT IS N01026'44"E 399.83' AND N88053'22"W 662. 19' FROM THE
SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE
S01053'25 "W 389. 11 ', THENCE N88049132' W 268.59' TO THE RIGHT OF WAY OF U.S.
INTERSTATE #540, THENCE ALONG SAID RIGHT OF WAY: N31 °28'34"E 30.23',
N32059'40"E 451 .03', THENCE LEAVING SAID RIGHT OF WAY S4400014211E 28.75' TO
THE POINT OF BEGINNING, CONTAINING 1 .36 ACRES, MORE OR LESS. SUBJECT TO
ALL EASEMENTS AND RIGHTS OF WAY OF RECORD, IF ANY.
_ Washington County, AR
I certify this instrument was filed on
10/10/2005 09:57:43 AM
r and recorded in Real Estate
File Number 2006-00041622
Bette Stamps - Circuit le
a . by I
City of Fayetteville / 9�
Staff Review Form
City Council Agenda Items
or
Contracts
5-Sep-06 lid ""`.r'"' '
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
RZN 06-2181 : (Life Covenant Church, 363): Submitted by Blew, Bates & Associates for property located at 1855 Porter
Road. The property is zoned R-A, Residential-Agricultural and contains approximately 1 .36 acres. The request is to rezone the
subject property to RSF-4, Residential Single Family, 4 units per acre.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project CategoryName
n/a n/a n/a
$ -d
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Department Oirecw Date Original Contract Date: n/a
Original Contract Number: n/a
City Attorney
Received in CityrE4FR ffice
Finance and Internal Service Director Date
Received in Mayor's Office �.
Mayor Date
Comments:
City Council Meeting of September 05, 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
Date: August 18, 2006
Subject: Rezoning for Life Covenant Church (RZN 06-2181 )
RECOMMENDATION
The Planning Commission recommended approval of the subject rezoning request from
R-A to RSF-4 on approximately 1 .36 acres of property located at 1855 Porter Road, north
of Sycamore Street.
BACKGROUND
The 1 .36 acres proposed for rezoning is part of a 5-acre tract owned by and developed for
Life Covenant Church. The 1 .36 acres in question is undeveloped, adjacent to I-540 and
north of Sycamore right-of-way. The owner desires to subdivide the 1 .36 acres for sale;
however, the lot does not meet the bulk and area regulations of the R-A zoning district.
Therefore, the applicant requests to rezone the property RSF-4 to proceed with the
subdivision of property.
The proposed RSF-4 zoning is consistent with the land use planning objectives and
principles. The property is located within an area developed for a variety of residential
uses from single family homes to apartment complexes zoned RSF-4, RT- 12, and RMF-
24. It is unlikely that this property will ever be used for agricultural purposes and the
owner is unable to subdivide the property under the R-A regulations without a variance.
A rezoning to RSF-4 allows development of the property and accomplishes the goal of
infill those areas within close proximity to infrastructure and utilities.
DISCUSSION
This item was heard at the regular Planning Commission on August 14, 2006. The
Planning Commission voted 9-0-0 to recommend approval of this rezoning request to the
City Council.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 06-21811 FOR
APPROXIMATELY 1 .36 ACRES, LOCATED AT
1855 PORTER ROAD FROM R-A,
RESIDENTIAL AGRICULTURAL TO RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 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 on 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 J 2006.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 06-2181
TRACT B :
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 6, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A
FOUND IRON PIN THAT IS N01026'44"E 399.83' AND N88053'22"W 662. 19' FROM THE
SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE
SO 1053'25"W 389. 11 ', THENCE N88049'32"W 268.59' TO THE RIGHT OF WAY OF U.S.
INTERSTATE #540, THENCE ALONG SAID RIGHT OF WAY: N31 °28'34"E 30.23',
N32059'40"E 451 .03', THENCE LEAVING SAID RIGHT OF WAY S4400004214E 28.75' TO
THE POINT OF BEGINNING, CONTAINING 1 .36 ACRES, MORE OR LESS. SUBJECT TO
ALL EASEMENTS AND RIGHTS OF WAY OF RECORD, IF ANY.
M
� I
eUVRIC PC Meeting of August 14, 2006
ARKANSAS
THE CITY OF FAYETTEV ILLE, ARKANSAS t Mountain
Faye125 tt teevv Mountain
AR 7270101
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: August 9, 2006
RZN 06-2181 : (LIFE COVENANT CHURCH, 363): Submitted by BLEW, BATES &
ASSOCIATES for property located at 1855 PORTER RD. The property is zoned R-A,
RESIDENTIAL-AGRICULTURAL and contains approximately 1 .36 acres. The request is to
rezone the subject property to RSF-4, Residential Single-family, 4 units per acre.
Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends approval of the request to rezone the property from R-A, Residential
Agricultural, to RSF-4, Residential Single Family — 4 units per acre.
PLANNING_ COMMISSION ACTION: Required . YES.
PApproved O Denied, .
Date: August 14, 2006 � \ ` 4*r� '4CYAr f- NAr ' 1- 0-o
o,n � �
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: September 5, 2006 (.1 s` reading if recommended)
BACKGROUND:
Property description: The 1 .36 acres proposed for rezoning is part of a 5-acre tract owned by and
developed for Life Covenant Church. The 1 .36 acres in question is undeveloped. It is adjacent to I-
540 and north of Sycamore right-of-way. Although this property does have frontage on public right-
of-way to the south, the road is undeveloped.
Proposal: The owner desires to subdivide the 1 .36 acres for sale; however, the lot does not meet the
bulk and area regulations of the R-A zoning district. Therefore, the applicant requests to rezone the
property RSF-4 to proceed with the subdivision of property. If ever the 1 .36 acres were subdivided
or developed, adequate access shall be constructed to the property either from Sycamore Street or
Porter Road through the church's property.
UReports120061PC Reports108-14-061)?ZN 06-2181 (Life Covenant Church).doc ,
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Recommendation: Staff recommends approval of the requested RSF-4 zoning district in this
location, finding that it is compatible with the surrounding uses and necessary for the
development of this property.
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North Life Covenant Church R-A, Residential Agricultural
South Single-family residential RSF-4 & RT- 12
Two-family residential
East Apartment Complex RMF-24
West I-540 & Vacant property I- 1
INFRASTRUCTURE:
Streets: The site has access to Sycamore Street. Sycamore Street is an improved two-lane
paved roadway at this property. Improvements that may be required shall be
evaluated by staff as development occurs.
Surrounding Master Street Plan Streets:
South: Sycamore Street (Local)
Water: Public water is adjacent to the site. There is a 6" waterline along Sycamore.
Improvements to the water system may be required dependent upon the demand
placed by the future development. Water service will need to be extended within
the property at the time of development.
Sewer: Sanitary sewer is available on the site. There is an 8" sewer main that runs
through the site. Improvements to the sewer system may be required dependent
upon the demand placed by the development. Sewer service will need to be
extended to and within the property at the time of development. This property is
within the Hamestring Creek Lift Station basin.
Drainage: Standard improvements and requirements for drainage will be required for the
development.
Fire: The overall 4.97 acres are covered by Engine 7 located at 835 N Rupple Road.
The property is 1 .9 miles from the station with an expected response time of 4
minutes. The Fire Department anticipates 5 (3 EMS — 2 Fire/Other) calls for
service per year once the development is completed and maximum build-out has
occurred. There are no recorded measured hydrant flows for this area. 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. There should
be no adverse effects on our call volume or response time to this development.
K:IReport512006TC Rcports108-14-06VZZN 06-2181 (Lfe Cownnnl Churdh).doc
Y
Police: It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially alter the population density nor will it create an appreciable increase
in traffic danger and congestion in the area.
LAND USE PLAN: The Interim City Plan 2025 map designates this site Residential, and on the
Sector Map it is located on the edge of the Growth Infill 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: Staff finds that the proposed RSF-4 zoning is consistent with the land use
planning objectives and principles. The property is located within an area
developed for a variety of residential uses from single family homes to .
apartment complexes. To increase the density from 0.5 units per acre to four
units per acre on this property is appropriate and compatible.
2. A determination of whether'the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Although the overall property is developed for a place of worship, this 1.36
acres is vacant: It is unlikely that this property will ever be used for
agricultural purposes and the owner is unable to subdivide the property
under the R-A regulations without a variance or rezoning the property. The
applicant has decided to proceed with the latter option. A rezoning to RSF-4
allows development of the property and accomplishes the goal of infill those
areas within close proximity to infrastructure and utilities.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The zoning of this property to RSF-4 and subsequent development may
result in the increase of traffic to the property. Sycamore Street and
Saddlehorn Avenue are stubbed out to the property and can be the means of
access to any development. The Police Department has reviewed this request
and finds that it will not appreciably increase traffic congestion or danger in
this area.
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.
K.1Reports120061PC Reports108-14-061RU06-2181 (Lfe Cownanl Church).doc
ii
Finding: The proposed zoning would not substantially alter the population density in
the area. A 1.36 acre parcel within the R-A zoning district could not be
developed for residential use without a variance (I unit per 2 acres). Five
single family residential units would be permitted under the RSF-4 zoning
district. Increased load on public services were taken into consideration and
recommendations from Engineering, Fire, and Police Departments are
included in this report.
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.Weporv12006WC Reportr108-14-061 ,VO6-2181 (Lfe Cownanr Chnrd).do
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 base; provide opportunity for
affordable housing, increase scenic attractiveness;
and conserve open space.
(B) Uses.
1 Permitted uses.
Unit 1 City-wide uses by right
Unit 3 Public protection and utility facilities
Unit Agriculture
Unit 7 Animal husbandry
Unita Single-family dwellings -
Unit9 Two-family dwellings
Unit 37 Manufactured homes
2 Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 4 Cultural and recreational facilities
Unit 20 Commercial recreation, large sites
Unit 24 Home occupations
Unit 36 Wireless communications facilities
(C
Density
' Units per acre I One-half
D Bulk and area regulations.
Lot width minimum 200 ft.
Lot Area Minimum:
Residential: 2 acres
Nonresidential: 2 acres
Lot area per dwelling unit 2 acres
(E) Setback requirements.
Front Side Rear
35 ft. 20 ft. 35 ft.
(F) Height requirements. There shall be no
maximum height limits in the A-1 District,
provided, however, that any building which
exceeds the height of 15 feet 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.
(G) Building area. None.
K:IRepor1sUO06PC ReporLA08-14-06WZN 06-2181 (Lfe Covenant Churdr).doc
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�l 1
161.07 District Rsf-4, Residential Single-
Family — Four Units Per Acre (F) Height. Structures in this District are limited to
a building height of 45 feet as measured from the
(A) Purpose. The RSF-4 Residential District is lowest point of the structure at the historic grade.
designed to permit and encourage the development The height of a proposed structure may only be
of low density detached dwellings in suitable increased above 45 feet by obtaining a variance
environments, as well as to protect existing after hearing by the Planning Commission.
development of these types. Existing structures that exceed 45 feet in height
shall be grandfathered in, and not considered
(B) - Uses. nonconforming uses.
( I) Permitted uses. (G) Building area. On any lot the area occupied
by all buildings shall not exceed 40% of the total .
Unit 1 Ci -wide uses by right area of such lot.
11 Unit 8 1 Sin le-famil dwellin
(2) Conditional uses.
Unit City-wide uses by conditional use permit
'+ Unit 3 Public protection and utility facilities
Unit4 Cultural and recreational facilities
Unit 9 Two-family dwell in s
Unit 24 Home occupations
Unit 36 Wireless communications facilities
(C) Density.
Single-family Two-family
dwellin s dwellin s
Units per acre 1 4 or less 7 or less
(D) Bulk and area regulations.
Single-family Two-family
dwellings dwellings
Lot minimum width 70 ft. 60 ft.
Lot area minimum 8,000 sq. ft. 12,000 sq. ft.
Land area per 8,000 sq. ft. 6,000 sq. ft.
dwelling unit
Hillside/Hilltop 60 ft. 70 ft. -
Overlay District Lot
+� minimum width
HillsidelHilftop 8,000 sq. ft. 12,000 sq. ft.
Overlay District Lot
area minimum
Land area per 8,000 sq. ft. 6,000 sq. ft.
dwellin unit
(E) Setback requirements. Single Family
Dwellings.
Front Side I Rear
25 ft. 8 ft. 1 20 ft.
HHOD Front HHOD Side - HHOD Rear
15 ft. 5 ft. 15 ft.
K:IReporLs0004 PC ReporaW8-14-06W7N 06-2181 (Lfe Cownanr Church).doc