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
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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:
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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
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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
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' City of Fayetteville Z/ 7
Staff Review Form 7 7 b
City Council Agenda Items
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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
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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