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HomeMy WebLinkAboutOrdinance 4968 Doc ID : 010799500003 TVDe : REL Recorded : 01/31/2007 at 11 : 02 : 32 AM ' Fee Amt : $14 . 00 Paae 1 of 3 Mashlnaton Countv . AR Bette Stamps Circuit Clerk F11e2007-00003739 r ORDINANCE NO. 4968 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06-2366, FOR APPROXIMATELY 1 . 50 ACRES, LOCATED AT 655 AND 657 NORTH GENEVIEVE STREET 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 acre to RSF-4, Residential Single-Family, 4 units per acre, as shown on Exhibits "A" and "B" 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. V; PASSED and APPROVED this 2nd day of January, 2007. <`a j�\SY eFAYETfEVILLE ; APPROVE • ATTEST: I9'QK\ ANSPc�J�,`�� By: 0Z By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT "A" RZN 06-2366 PART OF THE SECTION SE 1/4 OF THE SWI /4 OF SECTION 11 IN TOWNSHIP 16 NORTH OF RANGE 31 WEST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S00°04'20"W 56.46 FEET OF THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING, THENCE S00004'20"W 242.0 FEET, THENCE EAST 270.0 FEET TO THE WEST RIGHT OF WAY OF A 60 FOOT ROAD (GENEVIEVE ST.), THENCE N00004120"E ALONG SAID ROAD RIGHT OF WAY 242.0 FEET, THENCE WEST 270.0 FEET TO THE POINT OF THE BEGINNING, CONTAINING 1 .50 ACRES, MORE OR LESS. AND HAVING INGRESS AND EGRESS RIGHTS TO A 60 FOOT ROAD ALONG THE EAST SIDE OF THE ABOVE DESCRIBED TRACT. EXHIBIT "Be' RZN06-2366 WONACOTT Close Up Wew ft f S t `` �TACRETT OR TACKBiTOR 101 L- LL bO- n = SUBJECT'PROPERTY Y B) � I Y • ® ` 4 \ \ PA� i t : PPP : 2 ® ~ I . O Bly ]w \ t \ z c RSF V t q zz� l \ . \ t I a y 2 r 1 Overview Leg80004 ` 4 ROODWAY — 500 YEAR m000d �r Dlsoltl — 100YBAR Y — UMIT OF STUDY — - BaseLme PW1e D Fayetteville ( OWide City ® RU 06-4388 vetla.GOB.Faotpfn_s WA ISS mmop onf yDhs 0 75 150 300 450 000 Feel Washington County, AR I :certify this instrument was fil.ed .on .01 /,31 /2007 11 :02'32 AM and recorded in Real Estate Nie Number 2007-00003739 Bette .Starnps i—Circuit Mer i lby L. _ ARD ' City of Fayetteville Z/ 7 Staff Review Form 7 7 b City Council Agenda Items or Contractse6jAb /' i 2-Jan-07 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department 1 46 Action Required: RZN 06-2 . (Wonnacott, 436): Submitted by Melissa Wonnacott for property located 655 and 657 North Genevieve Street. The property is zoned R-A, Residential Agricultural, and contains approximately 1 .50 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 Category Name n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a 110 epartment Date Original Contract Date: n/a �n1 Original Contract Number: n/a City Attor Received in City Ierrk's O ' e MWD Finance and Internal Service Director Date Received in Mayor' n AW lz� Mayor Date Comments: City Council Meeting of January 02, 2007 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: December 14, 2006 Subject: Rezoning for Wonnacott (RZN 06-2366) RECOMMENDATION The Planning Commission recommended in favor of rezoning the subject property of approximately 1 .5 acres, located west of Genevieve Street, from R-A to RSF-4. BACKGROUND The subject property contains approximately 1 .5 acres and is located west of Genevieve Street and Sundance Meadows Subdivision. The property is zoned R-A, Residential Agricultural, and is developed for one duplex. In 1982, property from Rupple Road to Double Springs Road was annexed into the City of Fayetteville. The property was zoned R-A, and through time individual parcels of land have been rezoned and developed into residential subdivisions, such as Sundance Meadows and Legacy Pointe. The subject property and surrounding property have remained R-A though the lot sizes and uses do not conform to the requirements of this zoning district. The applicant proposes that the property be rezoned from R-A to RSF-4. Rezoning the property will bring the lot into compliance, but the existing duplex will remain a nonconforming use until a conditional use permit is approved to allow a two-family dwelling on the lot. A higher density zoning district such as RT- 12 or RMF-6 would permit the duplex by.right, but a single-family zoning district would be more. appropriate _ in this location. DISCUSSION This item was heard at the regular Planning Commission on December 11 , 2006. The Planning Commission voted 8-0-0 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 06-2366, FOR APPROXIMATELY 1 .50 ACRES, LOCATED AT 655 AND 657 NORTH GENEVIEVE STREET FROM R-A, RESIDENTIAL AGRICULTURAL, TO RSP-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 acre to RSF-4, Residential Single-Family, 4 units per acre, as shown on Exhibits "A" and "B" 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 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk EXHIBIT "A" RZN 06-2366 PART OF THE SECTION SE 1 /4 OF THE SW 1 /4 OF SECTION I I IN TOWNSHIP 16 NORTH OF RANGE 31 WEST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT, WHICH IS S00°04'20"W 56.46 FEET OF THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING, THENCE S00004120"W 242.0 FEET, THENCE EAST 270.0 FEET TO THE WEST RIGHT OF WAY OF A 60 FOOT ROAD (GENEVIEVE ST.), THENCE N00004'20"E ALONG SAID ROAD RIGHT OF WAY 242.0 FEET, THENCE WEST 270.0 FEET TO THE POINT OF THE BEGINNING, CONTAINING 1 .50 ACRES, MORE OR LESS. AND HAVING INGRESS AND EGRESS RIGHTS TO A 60 FOOT ROAD ALONG THE EAST SIDE OF THE ABOVE DESCRIBED TRACT. EXHIBIT "B" RZN06-2366 WONACOTT Close Up View h J III a ". w ,V , v i zTAaeTrna . '' TacxETroa v@i M ` 1'19,11 1\ i SUBJECT PROPERTY TA` E' Oa ZONE X®° X \ I L IN t k l \1 to j F Y '1 1 1 < l 3 i ' . t t y a y I N r h ♦ t ppp . I 1 441 7 9, - Overview Legend - 6)000 0v 4 a5ea1 — FLOOMAY — 500 YEAR Z000 IW = LIMIT OF SMIY _ — — - easeLY,e ROee O Fayetteville O oateaeeay - ® RTNpB-Tlfie " ve,iar.GOBFoayrlm 20M felskelfeoy 0m ye to 0 75 150 300 450 600 y Feet I l O 7aye Ll le PC Meeting of December 11 , 2006 AnKAN5A5 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: December 6, 2006 Updated December 11, 2006 RZN 06-2366: (WONNACOTT, 436): Submitted by MELISSA WONACOTT for property located at 655 AND 657 N. GENEVIEVE. The property is zoned R-A, RESIDENTIAL- AGRICULTURAL and contains approximately 1 .50 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 requested rezoning based on the findings herein. PLANNING COMMISSION ACTION: Required YES /Approved O Denied Motion: Ostner Second : Clark Vote: 8-0-0 Date: December 11, 2006 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: January 02, 2007 (1" reading if recommended)" BACKGROUND: Property description: The subject property contains approximately 1 .5 acres. The property is located west of Genevieve Street and Sundance Meadows Subdivision. The property is zoned.R-.: A. Residential Agricultural, and is developed for one duplex. With 1 .5 acres of lot area and approximately 241 ' of lot width, the property does not conform to the bulk and area requirements of the R-A zoning district (see Table 1 ). In 1982, property from Rupple Road to Double Springs Road was annexed into the City of Fayetteville. The property was zoned R-A, and through time, individual parcels of land have been rezoned and developed into subdivisions. The subject property and surrounding property have remained R-A though the lot sizes and uses do not conform to the requirements of this zoning district. Proposal: The applicant proposes that the property be rezoned from R-A to RSF-4. Although the rezoning will bring the lot into compliance, the duplex will remain a nonconfdrming use until a conditional use permit is approved to allow a two-family dwelling on the lot. A higher density KARepor(s12006WC Repor1s111-I/-06tRZN 06-2366 ffonnacou).doc zoning district (RT- 12 or RMF) would permit the duplex by right. The applicant has met with staff on several occasions and determined that a single-family zoning district would be more appropriate in this location. After receiving rezoning approval, it is the applicant's intent to subdivide the property into three or four lots, including one or two tandem lots, and obtain conditional use permit approval for the existing duplex and an additional duplex. This application, however, is only for consideration of rezoning the property from R-A to RSF-4 and not development approval. Recommendation: Staff recommends approval of the rezoning request. Future changes or additional development on this site will be regulated by the city allowing for a uniform and consistent development pattern. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North Two-family dwelling R-A, Residential Agricultural South Two-family dwelling R-A, Residential Agricultural East Sundance Meadows (single family res. RSF-4, Res. Single-Family — 4 units/acre West Single F ily Residential R-A, Residential Agricultural TABLE 1 Use Re aired Lot Area Requited Lot Width Sinle Family 2 acres 200 feet` Two F mily 4 acres 400 feet INFRASTRUCTURE: Streets: The site has access to Genevieve Street. Genevieve. Street is an unimproved 2- lane roadway in this location. Improvements to the adjacent streets will be evaluated at the time of development. Water: Public water is located adjacent to the site. There is a 2" waterline along Genevieve. Water service will need to be upgraded, to the property at the time .of. development. Sewer: Sanitary sewer is available adjacent to the site. There is a 6" sewer main along Genevieve Street. Improvements to the sewer system may be required dependent upon the demand placed by the development. The capacity of the existing main will need to be studied at the time of development. This property is located in the Hamestring Creek lift station drainage basin. Drainage: Standard improvements and requirements for drainage will be required for the development. K.Weponv12006NC ReporuV2-11-06WZN 06-1366 (6onarotl).doc Fire: • These 1 .5 acres is covered by Engine 7 at 835 Rupple Road. • It is 2. 1 miles from the station with an expected response time of 5.25 minutes. The Fire Department anticipates 1 (1 EMS — 0 Fire/Other) calls for service per year once the development is completed and maximum build-out has occurred. • There is no Measured Hydrant Flow recorded in 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. Police: It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population density or create an undesirable increase in the load on police services. The rezoning will not create an appreciable increase in traffic danger and congestion. INTERIM FUTURE LAND USE PLAN: Residential. Rezoning this property to RSF-4 is consistent with the interim land use plan and 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 RSF-4 zoning for a Single family residential use is compatible with developed subdivisions within the vicinity of the property. Although the immediately adjacent property is zoned R-A, the lot sizes and uses are more appropriate within the RSF-4 zoning district. Rezoning the property will allow for additional development and promote the goal of infill identified in City Plan 2025, 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: At this time, the ,property is nonconforming within the R-A zoning district. The owner has requested a rezoning at this time to 'bring the lot into compliance with bulk and area regulations and pursue subdivision of the property to provide additional residential housing in the area. As infrastructure is extended to areas surrounding this property and developed at densities of approximately 4 units per acre, it is reasonable to consider rezoning those remaining R-A properties to allow infill where appropriate. K.*Wepor1s120061PCReports111-11-06IRZN 06-2366 (Wowmil).do'c