HomeMy WebLinkAboutOrdinance 5066 Doc ID : 011737070003 TYDe : REL
Recorded : 11/08/2007 at 04 : 12 : 03 PM
Fee Amt : $25 . 00 Pao* 1 of 3
Veehlnoton Countv . AR
Bette Ramos Clrcult Clerk
F11e2007-00041884
ORDINANCE NO. 5D66
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 07-2691 , FOR
APPROXIMATELY 1 .80 ACRES, LOCATED 5393 EAST
HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE-
FAMILY, 4 UNITS PER ACRE, TO C- 1 , NEIGHBORHOOD
COMMERCIAL.
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 RSF4, Residential Single-Family, 4 units per acre,
to C-1 , Neighborhood Commercial, 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 2nd day of October, 2007. cj•a \A Y o c :S,G,p''
C) : 2
APPROVE ATTEST: _ ; FAYETTEWLE ;
9J 59 lCAr: P:03
By: By: Ay�� �hnAl, GTON
DArrCOODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "B"
RZN 07-2691
PART OF THE NORTHWEST QUARTER (NW1/4) OF THE SOUTHWEST QUARTER
(SWI /4) OF SECTION TWENTY (20) IN TOWNSHIP SIXTEEN ( 16) NORTH OF RANGE
TWENTY-NINE (29) WEST, DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE
NORTHEAST CORNER OF SAID FORTY ACRE TRACT, THENCE SOUTH 00 DEGREES
15 MINUTS 00 SECONDS EAST 178.45 FEET; THENCE SOUTH 89 DEGREES 16
MINUTES 00 SECONDS WEST 263 .61 FEET; THENCE NORTH 00 DEGREES 32
MINUTES 09 SECONDS WEST 178.60 FEET; THENCE NORTH 89 DEGREES 18
MINUTES 00 SECONDS EAST 264.5 FEET TO THE POINT OF BEGINNING.
6 �
City of Fayetteville / F1/4 1
Staff Review Form ( V
City Council Agenda Items /��/ v �
�
Contractsor /\ �+ " 041 iO
2-Oct-07 J1 B . truy5
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
RZN 07-2691 : (JB Hays, 610): Submitted by Lee and Linda L. Ward for property located at 5393 East Huntsville Road. The
property is zoned RSF-4, Residential Single-Family, 4 units per acre, and contains approximately 1 .80 acres. The request is to
rezone the subject property to C- 1 , Neighborhood Commercial.
Action Required: n/a n/a
Cost of this request Cate o /Project Budget Program Category / Project Name
Na Na � n/a
_Account Number Funds Used to Dale Program / Project Category Name
Na n/a n/a
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
qI� 0`1 Previous Ordinance or Resolution # Na
department Di ctor Date Original Contract Date: n/a
' -07 Original Contract Number: n/a
City A ey
Received in CUClerk's ffice
�a .J� - 1`1 -67
Finance and Internal Service Director Date
Received in Mayor's Office
LRp /.Z
01
Mayor Date
Comments:
City Council Meeting of October 2, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations � q
From: Jeremy C. Pate, Director of Current Planning d
Date: September 14, 2007
Subject: Rezoning for JB Hays 4393 Huntsville Road (RZN 07-2691)
RECOMMENDATION
Planning staff and the Planning Commission recommended to approve rezoning the
subject property from RSF-4, Residential Single Family Four Units Per Acre to C- 1 ,
Neighborhood Commercial for approximately 1 .80 acres located at 5393 East Huntsville
Road in east Fayetteville.
BACKGROUND
The property is located on the south side of Huntsville Road, and contains one single
family residence on one parcel at 5393 East Huntsville Road. The property contains
approximately 1 .8 acres and is zoned RSF-4. The property is bordered- by Huntsville
Road on the north (a Principal Arterial on the Master Street Plan) and Ed Edwards Road
(a Collector Street on the Master Street Plan) on the ea>t. The property is surrounded by
developed or developing single family residences all zoned RSF-4.
DISCUSSION
This item was heard at the regular Planning Commission meeting on September 10, 2007.
The Planning Commission voted 7-0-0 to recommend forwarding this rezoning request to
the City Council with a recommendation for approval.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 07-2691 , FOR
APPROXIMATELY 1 .80 ACRES, LOCATED 5393 EAST
HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE-
FAMILY, 4 UNITS PER ACRE, TO C- 1 , NEIGHBORHOOD
COMMERCIAL.
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 RSF4, Residential Single-Family, 4 units per acre,
to C- 1 , Neighborhood Commercial, 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 Clerkfrreasurer
EXHIBIT "B"
RZN 07-2691
PART OF THE NORTHWEST QUARTER (NW 1 /4) OF THE SOUTHWEST QUARTER
(SWI/4) OF SECTION TWENTY (20) IN TOWNSHIP SIXTEEN ( 16) NORTH OF RANGE
TWENTY-NINE (29) WEST, DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE
NORTHEAST CORNER OF SAID FORTY ACRE TRACT, THENCE SOUTH 00 DEGREES
15 MINUTS 00 SECONDS EAST 178.45 FEET; THENCE SOUTH 89 DEGREES 16
MINUTES 00 SECONDS WEST 263 .61 FEET; THENCE NORTH 00 DEGREES 32
MINUTES 09 SECONDS WEST 178.60 FEET; THENCE NORTH 89 DEGREES 18
MINUTES 00 SECONDS EAST 264.5 FEET TO THE POINT OF BEGINNING.
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would be allowed.
Recommendation: Staff recommends approval of the rezoning based on findings stated herein. The
proposed zoning would be compatible with adjacent zoning, existing and approved development, and
the future land use plan for low-intensity non-residential uses at comer location to support
surrounding neighborhoods.
Public Comment: Staff has received a phone call from one of the adjacent property objecting to a
beauty salon being opened on this property as indicated by the applicant, due to the presence of
another beauty salon in the area.
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North Waterbrook Subdivision (single family residential RSF4
under construction
South, East and West Single-Family Residential RSF-4
INFRASTRUCTURE:
Streets: The site has access to Huntsville Road/State Highway 16. Huntsville Road is an
unimproved 2-lane highway in this location. The site has access to Ed Edwards
Road, a two-lane unimproved road in this location. Additional improvements to the
adjacent streets will be evaluated at the time of development. Staff will also review
access to the property with future development and with re-development, which may
result in the elimination of access to Huntsville Road, a highly trafficked Principal
Arterial.
Water: Public water is available to the site. There is an 8" waterline along Huntsville Road
and a 4" waterline along Ed Edwards Road. Water service may need to be extended
through the property at the time of development.
Sewer: Sanitary sewer is available to the site. There is a 6" sewer main located along
Huntsville Road. Improvements to the sewer system may be required dependent
upon the demand placed by the development. The capacity of the existing main may
need to be studied at the time of development.
Drainage: Standard improvements and requirements for drainage will be required for the
development.
Fire: These 1 .8 acres are covered by Ladder 3 at Happy Hollow Road and Fairlane. It is
3 .3 miles from the station with an expected response time of 5.5 minutes. The Fire
Department does not figure calls for service on properties being re-zoned to C- 1 ,
Neighborhood Commercial, but typically this type of development will not increase
call volumes or response times. Measured hydrant flow in this area is over 1500
K:(Repo tsl200760C Repores109-10-071RZN 07-267! (5393 HmArvdk Rd_.B Hays).do
• I
gallons per minute.
Police: It is not anticipated that the proposed rezoning would adversely impact police
services based on the existing police services being provided to this area and small
scale of the subject property. Written comments from the Police Department were
not available at the time of publication of this report.
CITY PLAN 2025 FUTURE LAND USE PLAN: The City Plan 2025 Future Land Use Plan
designates this site as Residential Area. Staff finds that due to the large number of residences in
this area and lack of supporting non-residential services, that the C- 1 , Neighborhood Commercial
zoning is appropriate at this corner location and would result in potential uses that are needed in this
area to support the recent residential growth. With the incorporation of standard City ordinance
requirements for development of non-residential uses adjacent to residential uses, the C- 1 zoning
would be compatible with the adjacent single family residences along this State Highway and would
help provide needed services for residents in east Fayetteville.
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 property is designated as Residential Area in the City Plan 2025 Future
Land Use Plan. The proposed C-1 zoning is consistent with the City's land use
planning objectives, principles and policies to encourage compatible and livable
neighborhoods indicated by the Residential Area designation, especially low-
intensity uses in corner locations.
The surrounding property to the south, east, and west is established single-
family residences, and the property to the north is under development for a new
single family residential subdivision (117 lots). There are few parcels of
property with non-residential zonings along East Huntsville Road between
Stonebridge Road and Mally Wagoon Road (approximately 2.5 miles). Most of
the parcels zoned for non-residential uses along this stretch of Huntsville Road
have been developed for residences. There is a small gas station and video stere
on the north side of Huntsville adjacent to the David Lyle Subdivision. The
corner of Mally Wagnon/Huntsville is not a large defined commercial center,
but contains a few parcels of C-1 zoned property and a convenience store and
gas station. There are a large number of residences in this area of east
Fayetteville and also in the surrounding unincorporated county, and there is a
lack of adequate non-residential services and zonings. This forces people to
drive further into Fayetteville to have their basic needs met; thus increasing
traffic volumes on Huntsville Road and the supporting street system. Staff finds
that the location of this property on a State Highway, and the corner of Ed
Edwards Road, is an appropriate location for the proposed C-1 zoning and
K:IRepo tsl20071PCReportrl09-10-071RZN07-2671 (5393 HunsviHe Rd .B Hays).do
associated non-residential uses that would be of service to the surrounding
residents. With standard City ordinance requirements for buffers and
screening, the C-1 zoning would be a compatible zoning district with the
surrounding residences.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds the proposed zoning is justified and needed. As stated in Finding No.
1, there is a lack of non-residential uses and zonings in this area of east
Fayetteville, and a large number of residents and residential lots for future
population increase.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: It is expected that a rezoning from RSF4 to C-1 would create an increase in
traffic compared with that allowed under the existing zoning. However, the
property is in direct proximity to a Principal Arterial (Huntsville Road/State
Highway 16 East), which provides the only east-west connection in this area of
Fayetteville. Additionally, in the draft revised Master Street Plan, Ed Edwards
Road is proposed ,to be designated as a Collector Street, providing a north-south.
connection between development in unincorporated county to the south and
Huntsville Road. Staff finds that the proposed zoning would not create or
appreciably increase traffic danger and congestion. However, staff will review
access to the property with the proposed future use and with redevelopment,
which may likely result in the elimination of existing direct access to Huntsville
Road, in favor of Ed Edwards Road,
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: The proposed C-1 zoning would not increase the potential population density as
residential uses are only allowed accessory to a principal commercial use. The
proposed zoning would not create undesirable impacts to public services, or a
density that is incompatible with the surrounding area, based on a review of
infrastructure, existing land uses, and the development potential of the
property.
Increased load on public services were taken into consideration and
recommendations from Engineering, Fire, and Police Departments are included
in this report.
K:tReportr120076DC Repo IsW9-10-071RZN 07-267! (5393 Nun"We Rd_JB Hays).dw
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;
These parcels have been developed and utilized for single-family residence for
many years. It would be reasonable and practical to continue to use the land for
single-family use. However, this parcel is a relatively large single family
property with frontage on a State Highway at a corner location. This property
has the potential for non-residential uses as stated in other findings in this
report, although it is not impractical to continue to the uses allowed under the
existing zoning.
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: Not applicable. Staff recommends in favor of the requested zoning.
K..Vfepara120071PC Repo a109.10-071RZN 07-267/ (5393 Hunevilk Rd_.B Hays).dx
Fayetteville Unified Development Code 1 15 ft. 1 51 15 ft.
161.07 District RSF4, Residential Single- (F) Height. Structures in this District are limited to
Family — Four Units Per Acre a building height of 45 feet. The height of a
proposed structure may only be increased above 45
(A) Purpose. The RSF4 Residential District is feet by obtaining a variance after hearing by the
designed to permit and encourage the development planning Commission. Existing structures that
of low density detached dwellings in suitable exceed 45 feet in height shall be grandfathered in,
environments, as well as to protect existing and not considered nonconforming uses.
development of these types.
(G) Building area. On any lot the area occupied
(B) Uses. by all buildings shall not exceed 40% of the total
area of such lot.
( 1) Permitted uses.
(Code 1991, §160-03 [ ;Ord- No. 4100, §2 (Ex. A), 61698; Ord. No.
4178, 8-31-99; Ord. 4858, 4-18-06)
Unit t Ci uses by right
Units I Single-family dwelling
(2) Conditional uses.
Unit 2 City-wide uses by conditional use penrit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 9 Two-famity dwellin s
Unit 24 Home occupations _-
Unit 36 Wireless communicalions facilities -
(C) Density.
Single-family Two-family
dwellings dwellings
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. 80 ft.
Lot area minimum 8,000 sq. ft. 12,000 sq.4t.
Land area per 8,000 sq. ft. 6,000 sq. ft-
dwelling unit
Hillside Overlay 60 ft. 70 R
District Lot minimum
width
Hillside Overlay 8,000 sq. ft. 12,0Asq.-ft.District Lot area
minimum
Land area per 8,000 sq. ft. 6,00
dwelling unit
(E) Sethack requirements.
FRONT I SIDE REAR
25 ft. 1 8 R 20 ft.
HOD Front I HOD Side HOD Rear
K.iReports120071PC Reporn109-10-071RZN 07-2671 (5193 Hun dk Ad_.B Nays).doc
Fayetteville Unified Development Code
161.17 District C-1, Neighborhood
Commercial
(A) Purpose. The Neighborhood Commercial
District is designed primarily to provide
convenience goods and personal services for
persons living in the surrounding residential areas.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses ht
Unit 5
Government Facilities
Unit 12
Offices, studios and related services
Unit 13
Eating places
Unit 15
Heighbortiocd shopping
Unit 18
Gasoline service stations and drive-in
restaurants
Unit 25
Professional offices
(2) Conditional uses.
(Code 1965, App. A., Art 5(V); Ord. No. 2603,2 -19 -SO; Ord. No.
1747,6-29-70; Codc 1991, § 160.035; Ord. No. 4100, §2 (Ex. A), 6-
16-98; Ord. No. 4178, 8-31-99; Ord. 5028, 6-19-07)
Unit 2 City-wide uses by conditional use peimit
Unit3 - Publicpcotection and utilityfacilities
Unit 4 Cultural and recreational facilities
Unit34 Liquor stores
Unit35 Outdoor music establishments
Unit 36 Wireless communications facilities
Unit40 Sidewalk Cafes
(C) Density. None.
(D) Bulk and area regulation. None.
(E) Setback regulations.
Front
50 ft
Side
None
Side, when contiguous to a residential
district
10 ft.
Rear
20 ft.
(F) Height regulations. There shall be no
maximum height limits in C -I District, provided,
however, that any building which exceeds the
height of 10 feet shall be setback from any
boundary line of any residential district a distance
of one foot for each foot of height in excess of 10
feet.
((3) Building area. On any lot the area occupied
by all buildings shall not exceed 40% of the total
area of such lot.
K:IReportr12007IPC Repora109-10-071R7.N 07-2671 (5393 Nunsville Rd_JB Hays).doc
Fayetteville Fire
Department
To: Dara Sanders, Andrew Garner, Jeremy Pate, and Jesse Fulcher
Thru: Chief Tony Johnson
Chief Bud Thompson
From: Captain Dale Riggins
Date: August 22, 2007
Re: August 21, 2007 Zoning Review — Fire Department Comments
RZN 07-2691 (JB Hays)
These 1.80 acres are covered by Ladder 3 located at Happy Hollow Rd and Fairlane.
It is 3.3 miles from the station with an anticipated response time of 5.5 minutes.
The Fire Department does not figure calls for service on R-0, Residental Office, but there should
be no adverse effects on our call volume or response time to this development.
Measured hydrant flow in the area is over 1500 gallons per minute.
R-PZD 07-2634 (The Coves® Walnut Crossing)
These 50.40 acres are covered by Engine 7 located at 835 S Rupple Road.
It is 2.1 miles from the station with an anticipated response time of 6 minutes.
The Fire Department anticipates 44 (27 EMS/I7 Fire -Other) calls for service each year after the
project is completed and all units are occupied. There should be no adverse effects on our call
volume or response time with this development.
There is no recorded hydrant flow in the area at this time.
If you have any questions concerning these comments please don't hesitate to call me
Qflti LK7b' ` "
Fayetteville Fire Department
7. A. Owner J.B. Hays,Trust C-/
B. Joann Tillman is requesting zoning change to A* in order to operate her
beauty shop at this location.
C. Beauty shop will operate out of present residential structure with
minimum outside changes. Any signs will meet city of Fayetteville sign
ordinances. There are many small business' including beauty shops along
state highway 16 East and a family operated beauty shop will not have a
noticeable increase -in -traffic.
D. All city utilities are available
8" waterline on 16 East
4" waterline on Ed Edwards Rd
6" sewer line
C4
S A. R" zoning along Highway 16 East is totally consistent with all objectives,
flpQj cies, land use, and zoning plans of 2020 plan.
*b1zoning is required to operate a beauty shop.
C. Being on corner of Highway 16 East and Ed Edwards Road will allow
access from both streets and should not create traffic danger or congestion.
D. Will not appreciably affect public services such as schools, water, and
sewer facilities.
E. Single family home becomes less desirable located on a state highway and
service oriented business becomes more desirable.
(10.5.07) lance Pearman - Ords. 5963, 5964, 5966 - 5969 Page 1
From: Clarice Pearman
To: Pate, Jeremy
Date: 10.5.07 11:41 AM
Subject: Ords. 5963, 5964, 5966 - 5969
Attachments: 5969 VAC 07-2707 WSIP r-o-w.pdf; 5964 R-PZD 07-2649 College Ave Townhomes.p
df; 5966 RZN 07-2691 hays.pdf; 5967 VAC 07-2705 Driver.pdf; 5968 VAC 07-270
6 Hammons.pdf; 5963 R-PZD 07-2576 Woodstock Community.pdf
CC: Audit
Jeremy:
Attached are the above ordinances passed by City Council, October 2, 2007. Please let me know if there is anything needed
for these items. Have a good day.
Thanks.
Clarice
[(10.11.07) C arice Pearman-Ord. 5063, 5064 and 5066-6069 Page 1
From: Clarice Pearman
To: Pate, Jeremy
Date: 10.11.07 5:22 PM
Subject: Ord. 5063, 5064 and 5066-6069
CC: Audit; GIS
Jeremy: Attached Is a copy of the above ordinances passed by City Council, October 2, 2007. I misnumbered the
ordinances and these are corrected numbers. Please replace your ordinance (only) sent earlier. I'm sorry for the
inconvenience.
Have a good day.
Thanks.
Clarice
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Kate MacNaughton, do solemnly swear that I am the Legal Clerk of the
Arkansas Democrat Gazette newspaper. Printed and published in Benton
County Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of
City of Fayetteville: Ordinance No. 5066
Was inserted in the Regular Editions on:
October 15 & 17, 2007
Publication Charge: $73.85
Subscribed and sworn to before me
This/%day of Oct , 2007.
Notary Public
My Commission Expires: Z�Ti�l7�l�
**N0TE** Please do not pay from Affidavit.
Invoice will be sent.
�i ?'Sr•.a°•. CATHYJ. WILES
r& '= Benton County
My Commission Expires
February20, 2014
Wednesday, October 17, 2007
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