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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. i _ � • 1 - • • 1 11 I • � 1 , 1 . • I rrr • r • I I ' lI • � , , • , , , � i , I I 1 ' 1 I 1 • • ' 1 • 1 1 I ' • - 1 ' ' • • 1 • 1 11 1 t l I 1 • 11 11 ' 1 11 • 11 • 1 +�� y r ' • 1 1 ' I / ' r ' I I • 1 I ' 1 11 1 1 ' / ' / . 1 1 • 1 • ' • 1 I . 1 1 ' ' • . 1 1 11 ' 1 . 1 1 1 1 1 1 ' 1 1 1 ' 1 1 • ' 1 / ' 1 . 1 1 1 ' ' 1 . 1 ' 1 • 1 I ' 1 . • ' • I 1 1 1 • • 1 1 • 1 ' 1 1 1 ' III I 1 1 1 1 1 1 1 1 I • I " 1 ' • 1 1 I / 11 ' I ' . . 1 • 1 • I ' • 1 • • 11 I ' I I 11 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