HomeMy WebLinkAboutOrdinance 5085 City of Fayetteville / z/ z//"7
Staff Review Form l�gS
City Council Agenda Items 5
or ZA( 07- 97 £Ia
Contracts
Com~
4-Dec-07
\p City Council Meeting Date
Jeremy Pate b Planning Operations
Submitted By Division Department
Action Required:
RZN 07-2782: Sweetser, 566: Submitted by Dave Jorgensen for property located at 2220 East Huntsville. The property is
zoned RSF-4, Residential Single-Family, 4 units per acre and contains approximately 0.95 acres. The request is to rezone the
property to R-O, Residential Office.
Action Required: 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
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Department DIrector Date Original Contract Date: Na
Original Contract Number: n/a
ttomey
Received in City C)&k's O
ENTERED
ll- tG -a1
Finance and Internal Service Director Date
Received in Mayor's Office ED
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Mayor Date
Comments:
City Council Meeting of December 4, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations �p
From: Jeremy C. Pate, Director of Current Planning D�
Date: November 15, 2007
Subject: Rezoning for Sweetser 2220 East Huntsville Road (RZN 07-2782)
RECOMMENDATION
Planning staff and the Planning Commission recommended to approve rezoning the
subject property from RSF4, Residential Single Family Four Units Per Acre to R-O,
Residential Office for approximately 0.95 acres located at 2220 East Huntsville Road.
BACKGROUND
The property is located on the north side of Huntsville Road, and contains one non-
residential building and associated accessory structures on one parcel. The structure was
built in 1945 according to tax records and was utilized for Mhoon Beef Corporation, Inc.
as a slaughtering house. Most recently the property was utilized for a landscaping
business. The property is bordered by Huntsville Road on the south (a Principal Arterial
on the Master Street Plan). The property is surrounded by a gas station to the south, and
either single-family residential or undeveloped property to the north, east, and west.
DISCUSSION
This item was heard at the regular Planning Commission meeting on November 13, 2007.
The Planning Commission voted 9-0-0 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 07-2782, FOR
APPROXIMATELY 0.95 ACRES, LOCATED AT 2220 E.
HUNTSVILLE FROM RSF-4, RESIDENTIAL SINGLE-
FAMILY, 4 UNITS PER ACRE, TO R-O, RESIDENTIAL
OFFICE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l : That the zone classification of the following described property is hereby
changed as follows:
From RSF-4, Residential Single-Family, 4 units per acre
to R-O, Residential Office, 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 I above.
PASSED and APPROVED this day of 12007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
EXHIBIT "B"
RZN 07-2782
PART OF THE NW 1/4 OF THE NE %. OF SECTION 23, T16N, R30W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE NW CORNER OF SAID NW '/4, NE 1/4 THENCE
SOUTH 326.29 FEET, THENCE S89058129"E 334.58 FEET TO THE P.O.B., THENCE
S89058129"E 209.65 FEET, THENCE S0000510211E 187.85 FEET, THENCE S8104314315W
49.51 FEET, THENCE S86°56' 15"W 161 .64 FEET, THENCE N0000810411E 203 .70 FEET TO
THE P.O.B.; CONTAINING 0.95 ACRES MORE OR LESS SUBJECT TO EASEMENTS
AND RIGHT OF WAY OF RECORD.
TABLE I
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zonin
North and East Undeveloped RSF 4
South Conoco Gas Station-,' Single-Family residential C- 1 ; RSF 4
West Single-family residential RSF 4
Proposal: The applicant proposes to rezone the property from RSF4 to R-O. The applicant would
like to rezone the property so that it may be leased to potential tenants that may be interested in
residential office space.
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 to reduce the length and number of vehicle trips generated by residential
development and to provide non-residential uses where compatible.
Public Comment: Staff has not received public comment.
INFRASTRUCTURE:
Streets: The site has access to Huntsville Road. Huntsville is currently a two lane paved state
highway. Street improvements will be evaluated with the proposed development.
Water: Public water is located adjacent to the site. There is a 12" waterline.along Huntsville
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 along Huntsville
Road. Sewer service may need to be extended through the property at the time of
development. 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 0.95 acres are covered by Ladder 3 at Happy Hollow Road and East Huntsville
Road. It is 0.6 miles from the station with an expected response time of two minutes.
The Fire Department does not figure calls for service on properties being re-zoned to
R-O, Residential Office, but typically this type of development will not increase call
volumes or response times.
Police: No comment.
K.lRepwni2007lPCRepwtrVI-13-071RZN07-2782 (Sn Imr).dx
CITY PLAN 2025 FUTURE LAND USE PLAN: The City Plan 2025 Future Land Use Plan
designates this site as City Neighborhood Area. Stafffinds that the R-O, Residential Office zoning
is appropriate at this location and would result in potential uses that are needed in this area to
support the existing and recent residential growth in east Fayetteville. With the incorporation of
standard City ordinance requirements for development of non-residential uses adjacent to
residential uses, the R-O zoning would be compatible with the adjacent single family residence and
commercial uses along this State Highway and would help provide needed services for residents in
east Fayetteville.
FINDINGS OF THE STAFF
i . 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 City Neighborhood Area in the City Plan 2025
Future Land Use Plan. The proposed R-O zoning is consistent with the City's
land use planning objectives, principles and policies to encourage compatible
and livable neighborhoods indicated by the City Neighborhood Area
designation, especially providing non-residential uses that are accessible for
individuals living in residential districts, and to reduce the number and length
of vehicle trips generated by residential development. Although this area along
Huntsville Road is not pedestrian-friendly, the proposed R-O zoning would
provide the opportunity for employment and business out of this existing non-
residential property in southeast Fayetteville, with the potential for .
improvements along adjacent streets. There are a large number of residences in
the area immediately surrounding the proposed rezoning and further east along
Huntsville Road. The majority of commercial and business centers that serve
this residential development are west of the proposed property, further into
central Fayetteville and beyond. This forces people to drive further into
Fayetteville to have their non-residential needs met; thus increasing traffic
volumes on Huntsville Road and the supporting street system. The R-O zoning
would reduce the length and possibly the number of vehicle trips by allowing
some non-residential services to be met at this property, without having to
continue driving into central Fayetteville.
The surrounding property to the north and east is undeveloped, the property to
the south is a gas station, and the property to the west is single family
residential. The subject property has been non-residential since it was
developed for a slaughter house in approximately 1945, when the property was
in the county and surrounding area and roadways were undeveloped. The
surrounding land to the west, east, and south has developed for commercial and
residential use around the subject property over the past several decades. Staff
finds that the location of this property on a State Highway, across the street
K:IRepo lst2007lPC Reportrll1-13-07IRZN 07-2782 (Swetser).do
from a commercially-zoned gas station, is an appropriate location for the
proposed R-O zoning and associated non-residential uses that would be of
service to the surrounding residents and travelers on Huntsville Road. With
standard City ordinance requirements for buffers and screening, the R-O
zoning would be a compatible zoning district with the surrounding residential,
undeveloped, and commercial properties.
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 R-O 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
PI . . Fayetteville. 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 will likely result in the elimination of one of the curb cuts. to Huntsville
Road, depending on the development.
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 R-O zoning would increase the potential population density from:> .
3.8 units to 22.8 units on the 0.95-acre tract, if it could be developed for its
maximum density allowed in the R-O district. However staff finds that 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:1Repwis120071PC Repo tslll-13-071RZN 07-2782 (Swerser/.do
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;
This parcel has been developed and utilized for non-residential use since 1954,
however as the zoning is now RSF4 and the non-residential use has been
discontinued, the property may only be utilized as allowed under the current
RSF4 zoning. It may be feasible to re-develop the property for residential use
similar to other property in the vicinity. However, this parcel is a relatively
large, historically non-residential property with frontage on a State Highway
and it is a logical assumption that the non-residential uses continue in this area
of this City.
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 ofthe requested zoning.
t
7
KV?epo uL70071PC Reportrlll-1 J-07M7Ar 07-7787 (Sweewr).dx
Fayetteville Unified Development Code I 15 ft. SK 1 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 1 1 CRY-wide uses by right
Unit 8 1 Sin le-fami dwellin
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public prolection and utifty facilities
Unit 4 Cultural and recreational facilities
Unit 9 Two-family dwellin s
Unit 24 Home occupations
Unit 36 Wireless communications facilities -
(C) Density.
Single-family Two-family"
dwellinQs dwellin s
Units per acre 4 or less 1 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.-ft.
Land area per 8,000 sq. ft. 6;000 sq. R -
dwelling unit
Hillside Overlay 60 ft. 70 ft.
District Lot minimum
width
Hillside Overlay 8,000 sq. R 12,000 sq.-ft
District Lot area
minimum
Land area per 8,000 sq. R 6,000 sq. ft.
dwelli unit
(E) Setback requirements.
FRONT 1 SIDE 1 REAR
25 ft. 1 8 ft. 1 20 R
HOD Front I HOD Side I HOD Rear
K.IReporrs00071PC Reporrst 11-13-07Vt7,N 07-1782 (Sweaer)-dac
Fayetteville Unified Development Code (3) Land area per dwelling unit.
161.16 District R-0, Residential Office -To
home 3 000 . R
Townhouses & apartments:
No bedroom 1,000 sq. R
(A) Purpose. The Residential-Office District is One bedroom 1,000 sq. ft.
designed primarily to provide area for offices Two or more bedrooms 1,200 sq. ft.
Fratem or Soro ' 500 sq. ft. Per resident
without limitation to the nature or size of the
office, together with community facilities, (D) Density
restaurants and compatible residential uses.
(B) Uses. Units per acre 1 4 to 24
( l ) Permitted uses. (E) Setback regulations.
Unit 1 City-wide uses by right Front 30 R
Front, it parking is slowed between the right- 50 R
Unit 5 Government facilities Front,
and the building
Unit 8 Single-family dwellings Front, in the Hillside Overlay District 15 ft.
-Unit 9 Two-fami dwellings Side 10 R
Unit 12 Offices studios and related services Side when contiguous to a residential district 15 R
Unit 25 Professional offices Side in the Hillside Overlay District 8 ft
Rear, without easement or alley 25 R.
(2) Conditional uses. Rear, from center line of public alley 10 R
Rear, in the Hillside Overlay District 1 15 R
Unit 2 City-wide uses by conditional use pennit
Unit 3 Public protection and utility facilities (F) Height regulations. There shall be no
Unit 4 Cultural and recreationaf facilfies - - maximum height limits in R-O Districts, provided,
Unit 11 Manufactured home park however, that any building which exceeds the
Unit 13 Eating laces height of 20 feet shall be set back with any
Unit 15 Neighborhood shopping s boundary line of any RSF or RMF District an - -
Unit 24 Home occupations -
Unit 26 Multi-familydNasllin s additional distance of one foot for each foot of - -
Unit 36 Wireless communications facilities height in excess of 20 feet. -
(C) Bulk and area regulations. (G) Building area. On any lot, the area occupied
(Per dwelling unit for residential structures) by all buildings shall not exceed 60% of the total
area of such lot.
( l) Lor width minimum.
(Code No. 1965, App. A., Art 5(x);Ord. No. 2414, 2-7-78;Ord No.
Manufactured home park100R 2603,2-19-80;Ord. No. 2621,4-1-80;Ord. No. 1747,6-29-70;Cade
Lot within a manufactured home 50 ft. 1991, §160.041;Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178,
8-31-99; Ord. 4726, 7-19-05; Ord. 4943, 11-07-06)
ark
Single-family 60 ft.
Two-f
arnfly 60 R. _ -
Three or more 90 ft.
(2) Lot area minimum.
Manufactured home park 3 acres
Lot within a manufactured home 4,200 sq. R
ark
Townhouses:
Development 10,000 sq. ft.
Individual lot 2,500 sq. ft.
Single-family 6,000 sq. R
Two-family 6,500 sq. R.
Three or more 8,000 . R.
Fratem' or Sorori 1 acre
K. IReports120071PC Reportsil 1-13-071RZN 07-2782 (Saeetrer).doe
Fayetteville Fire
Department
MEMO
To: Dara Sanders, Andrew Garner, Jeremy Pate, and Jesse Fulcher
Thru: Chief Tony Johnson
Assistant Chief Bud Thompson
From: Captain Dale Riggins
Date: November 6, 2007
Re: October 24, 2007 Zoning Review
RZN - Dandy - H2 Engineering
These .55 acres are covered by Engine 2 located at 708 N Garland.
It is .7 miles from the station with an anticipated response time of 2.5 minutes.
The Fire Department anticipates 10(6 EMS and 4 Fire/Other) calls for service once this
development is completed and all units are occupied.
This development should not affect our response times or calls for service.
RZN 07-2782 (Sweetser)
These .95 acres are covered by Ladder 3 located at the comer of Happy Hollow and E.
Huntsville.
It is .6 miles from the station with an anticipated response time of 2 minutes.
With the maximum units allowed under the R-0 zoning, the Fire Department anticipates
12 (7 EMS and 5 Fire/Other) calls for service after the development is completed and all
units are filled. We do not anticipated any effects on our response times or calls for
service with this development.
If you have any questions concerning these comments please don't hesitate to call
me
Captain Dale Riggins
Fayetteville Fire Department
Date 11 /6/2007
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
This document is in response to the request for a determination of whether the proposed
re-zoning RZN 07-2783: (SWEETSER, 566): Submitted by Dave Jorgensen for
property located at 2220 E. Huntsville Road would substantially alter the population
density and thereby undesirably increase the load on public services and create an
appreciable increase in traffic danger and congestion. The property is zoned RSF4
and contains approximately 0.95 acres. The request is to rezone the subject
property to R-O.
It is the opinion of the Fayetteville Police Department that this re-zoning will not
substantially alter the population density, and will not create an appreciable or
undesirable increase in the load on police services. The re-zoning will not create an
appreciable increase in traffic danger or congestion.
Sincerely,
Captain William Brown
Fayetteville Police Department
