HomeMy WebLinkAboutOrdinance 5091 ORDINANCE NO. 5091
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AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 07-2603, FOR
APPROXIMATELY 1 .59 ACRES, LOCATED AT 956 AND 918
NORTH 46TH AVENUE FROM R-A, RESIDENTIAL-
AGRICULTURAL, TO R-O, RESIDENTIAL OFFICE
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 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 1 above. RFqs
PASSED and APPROVED this 18th day of December, 2007. _ _ • . Fes:
APPROVED: ATTEST: - AYEEVIELE;
By: A" 1 �/ By^l�%7tG�-N
wu'""```•
DAN COODY, Mayor SONDRA E. SMITH, City Clerkfrreasurer
EXHIBIT "B"
RZN 07-2603
A PART OF THE NORTHEAST QUARTER (NE/4) OF THE SOUTHWEST QUARTER
(SW/4) OF SECTION TWELVE (12), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE
THIRTY-ONE (3 1 ) WEST OF THE 5 THPRINCIPAL MERIDIAN, WASHINGTON COUNTY,
ARKANSAS, MORE PARTICULARLY DESCRIBED AS BEGINNING AT A POINT 310.0
FEET SOUTH OF THE NW CORNER OF SAID 40 ACRE TRACT; THENCE SOUTH 250.0
FEET; THENCE SOUTH 89 DEGREES 20 MINUTES EAST 277.7 FEET; THENCE NORTH
250 FEET; THENCE NORTH 89 DEGREES 20 MINUTES WEST 277.7 FEET; TO THE
POINT OF BEGINNING.
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City of Fayetteville 11LlG
Staff Review Form jv9�
City Council Agenda Items
ZN
or
Contracts
18-Dec-07
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
RZN 07-2603: Kooshesh, 438: Submitted by Carmen Cubillo for property located at 956 and 918 North 46th Avenue. The
property is zoned R-A, Residential-Agricultural and contains approximately 1 .59 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 Category Name
n/a n/a nia
$
Project Number Remaining Balance Fund Name
Budgeted Item O Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Department Di ctor \l— \ `Date Original Contract Date: n/a
Original Contract Number: n/a
City Attorney
Received in City Clerk's Office
Finance and Internal Service Director Date
Received in Mayor's Office
,& &4/407a�
Mayor Date
Comments:
City Council Meeting of December 18, 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: November 29, 2007
Subject: Rezoning for Kooshesh 956 and 918 46th Avenue (RZN 07-2603)
RECOMMENDATION
Planning staff and the Planning Commission recommended to approve rezoning the
subject property from R-A, Residential Agricultural to R-O, Residential Office for
approximately 1 .59 acres located at 956 and 918 46`h Avenue in west Fayetteville.
BACKGROUND
The property is located on the east side of 46`h Avenue approximately 300 feet south of
Wedington Drive, and contains one single family residence and a 912 square foot
garage/shop that has been historically used as a screen printing shop and other non-
residential uses. The property contains approximately 1 .59 acres and is zoned R-A. The
property is bordered by single family residences zoned R-A to the north and south,
Covenant Church to the east, and the undeveloped Woodstock PZD site to the west that is
zoned R-PZD for 342 dwelling units and 100,390 square feet of non-residential space.
DISCUSSION
This item was heard at the regular Planning Commission meeting on November 26, 2007.
The Planning Commission voted 8-0-0 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 07-2603, FOR
APPROXIMATELY 1 .59 ACRES, LOCATED AT 956 AND 918
NORTH 46TH AVENUE FROM R-A, RESIDENTIAL-
AGRICULTURAL, TO R-O, RESIDENTIAL OFFICE
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 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 1 above.
PASSED and APPROVED this day of 12007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
EXHIBIT "B"
RZN 07-2603
A PART OF THE NORTHEAST QUARTER (NE/4) OF THE SOUTHWEST QUARTER
(SW/4) OF SECTION TWELVE ( 12), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE
THIRTY-ONE (3 1 ) WEST OF THE 5THPRINCIPAL MERIDIAN, WASHINGTON COUNTY,
ARKANSAS, MORE PARTICULARLY DESCRIBED AS BEGINNING AT A POINT 310.0
FEET SOUTH OF THE NW CORNER OF SAID 40 ACRE TRACT; THENCE SOUTH 250.0
FEET; THENCE SOUTH 89 DEGREES 20 MINUTES EAST 277.7 FEET; THENCE NORTH
250 FEET; THENCE NORTH 89 DEGREES 20 MINUTES WEST 277.7 FEET; TO THE
POINT OF BEGINNING.
Property description: The subject property contains approximately 1 .59 acres. The property is
located at 956 and 918 46 h Avenue, approximately 300 feet south of Wedington Drive. The property
is one parcel and contains one 2,457 square foot single family residence and a 912 square foot
garage/shop that was used in the past as a screen printing shop. The parcel is zoned R-A.
Proposal: The applicant proposes to rezone the property from R-A to R-O.
Recommendation: Staff recommends approval of the rezoning request based on the findings herein.
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North Single Family Residential R-A
South Single-Family Residential R-A
East Covenant Church R-A
West Undeveloped (approved for Woodstock mixed use PZD R-PZD 07-2576
INFRASTRUCTURE:
Streets: The site has access to 46th Avenue. 46th Avenue is an unimproved, narrow 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 an 8" waterline along 46th
Avenue. Water service may need to be extended through the property at the time of
development.
Sewer: Sanitary sewer is available on the site. There is a 6" sewer main through the
property. 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 .59 acres are covered by Engine 7 at 835 Rupple Road. It is 0.70 miles from
the station with an expected response time of 2.75 minutes. The Fire Department
anticipates 9 calls for service, per year, once the development is completed and
maximum build-out has occurred. No adverse effects on call volume or response
time to this development are anticipated.
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
K.Weports110071PC Reporeslll-16-07LVN07-2603 (Kooshesh).doc
danger and congestion in the area depending on the volume of traffic accessing and
exiting this area.
CITY PLAN 2025 FUTURE LAND USE PLAN: The City Plan 2025 Future Land Use Plan
designates this site as City Neighborhood Area. Stafffinds that due to the City Neighborhood Area
designation on the property and the recent City Council decision to rezone the Woodstockproperty
to allow for a medium density mixed-use development, the policy decision has been made towards
the trend for mixed use and higher density and greater intensity development in this neighborhood.
The R-O zoning would be consistent with the City Neighborhood Area guiding policy to provide non-
residential uses that are accessible for the convenience of individuals living in residential districts
and where compatibility with existing development patterns occurs. Staffrecognizes that the current
R-A zoning is not appropriate given the anticipated growth in this area along Wedington.
Additionally, given the policy decision to rezone the Woodstock property a more intense zoning on
this property is consistent with the Future Land Use Plan. With the Woodstock approval, this
neighborhood has been immediately defined with a land use pattern that is planned to be varied a
change from the rather old rural-residential pattern surrounded by new development that currently
exists. While the property will remain zoned R-A on the north, east, and south sides for the time
being, the R-O zoning would be compatible with the surrounding zonings and existing and planned
land uses.
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 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 and mixed-use development indicated by the City
Neighborhood designation. The second and third guiding policies listed under
City Neighborhood Areas are to:
"Provide non-residential uses that are accessiblefor the convenience of individuals
living in residential districts where compatibility with existing desirable
development patterns occurs. "
"Reduce the length and number of vehicle trips generated by residential
development by enhancing the accessibility to these areas. .. "
The surrounding property is established single-family residences, a church, and
rural residential use; with the undeveloped property to the west approved for a
29-acre mixed use development. The subject property is a large single-family lot
that has been used in the past as a single family residence with a screen-printing
K.'IReporis1200W ReporsV l-26-071RZN 07-2603 (Koos; a h).doc
shop in the detached garage/shop on the property. The subject neighborhood is
a pocket of older large lot residences that have been surrounded by new
development just off of a major arterial street, Wedington Drive. The land uses
transition from a busy transportation corridor along Wedington, immediately
into the established large lot residences and undeveloped land around the
subject property, to a new RSF-4 subdivision further to the south. Staff finds
that rezoning the property to R-O in this transitional area and adjacent to the
planned Woodstock development would provide the opportunity for non-
residential uses that are accessible for the convenience of the large number of
residences living in the immediate area, and could reduce both the length and
number of vehicle trips generated by the existing and proposed residential
development in the neighborhood.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds a rezoning on the subject property and the surrounding R-A
property to allow for more intense uses is justified and needed. The subject
property is approximately 1.59 acres and does not meet the minimum
requirements for a lot in the R-A zoning district. The historic use on the
property for a screen-printing shop is not permitted under the current zoning. It
should be noted that if this use was allowed at the time the current City
ordinances were adopted or the property was annexed, it may continue under .
City ordinance. •In addition, if the owner wishes to change the nonconforming
use in the old shop to a .different' use, they may apply for a conditional use
permit to do so, as long as the historic nonconforming use has not been
abandoned for more than six months. The applicant has applied for such a
conditional use permit if the subject rezoning request is denied. This area is
identified on the CityPlan 2025 as a City Neighborhood Area, indicating more
intense uses and an urban development pattern.
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 R-A to R-O would create an increase in
traffic compared with that allowed under the existing zoning, though it is noted
the property has historically been utilized for non-residential uses. The
adjacent 46th Avenue is an unimproved two-lane road and would be required to
be improved if the property redevelops for more intense uses. Wedington Drive
is a principal arterial street approximately 300' to the north and is currently
being improved to its Master Street Plan standard by the City. Without
improvements to 46th Avenue the proposed R-O zoning would create or increase
traffic danger and congestion. With the street improvements required as part of
the Woodstock development across the street, 46th Street would be fully
K:IRepmaVO0APC Reporal I l-26-071RZN07-2603 (Ko Is h).d"
improved along the project frontage. If the Woodstock project is not developed
prior to development or re-development of the subject property, street
improvements to 46th Street would be evaluated and likely required.
Police: It is the opinion of the Fayetteville Police department that an
appreciable increase in traffic danger and congestion would not
be created by this rezoning.
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 zoning would increase the potential population density. The
property contains 1.59 acres under R-A zoning which would allow for a
maximum of 1 unit. The proposed R-O designation specifies a range of density
from 4-24 units per acre. Two family units are allowed by right in the R-O
zoning district and require a minimum of 60' per lot. With the subject property
containing approximately 250' of frontage onto 46`h Avenue, a feasible
maximum of four two-family lots, or a total of eight units could be developed.
Rezoning the property increases the possible number of residential units by 7
units over that allowed under the current zoning. However, staff does not find
that this increase in residential density would 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. I
.
Increased load on public services were taken into consideration and
recommendations from Engineering, Fire, and Police Departments are included
in this report.
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;
It may be practical to continue utilizing the property as a large lot single family
residence similar to some of the other lots to the south. However, the lot size is
nonconforming under the existing zoning and redevelopment on the property
would not be allowed by right. As discussed in Finding No. 2 staff finds that
rezoning the property to allow for more intense uses is needed due to the
development pressure and the future land use designation of this area. This
parcel and the surrounding property were developed many years ago and
remain a small pocket of R-A zoning on large lots generally surrounded by new
K. Wepartsl20071PC Reporlst ll-26-071RZN 07-2603 (Kooshesh).dw
development. However, more intense land use on this property should be done
sensitively and appropriately to be compatible with the remaining pocket of
older residential development, and to provide a more comprehensive approach
to the policy decision of rezonings in the area.
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.IRepwis110071PC Reportsll1-26-071RZN 07-1603 (Kooshesh).do
Fayetteville Unified Development Code exceeds the height of 15 feet shall be setback from
any boundary line of any residential district a
161.03 District R-A, Residential-Agricultural distance of 1.0 foot for each foot of height in
excess of 15 feet. Such setbacks shall be measured
(A) Purposes. The regulations of the agricultural from the required setback lines.
district are designed to protect agricultural land
until an orderly transition to urban development (G) Building area. None.
has been accomplished; prevent wasteful scattering
of development in Waal areas; obtain economy of (Code 1965, App. A., An. 5(I); Ord. No. 1747, 6-29-70;Code 1991,
§160.030;Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-3 1-
public
178, 8-31-
public funds in the providing of public 99)
improvements and services of orderly growth;
conserve the tax base; provide opportunity for
affordable housing, increase scenic attractiveness;
and conserve open space.
(B) uses.
( 1 ) Permitted uses.
Unit t City-wide uses by right
Unit 3 Public protection and utility facilities
Unit 6 Agriculture
Unit 7 Animal husbandry
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unft 37 Manufactured homes -
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 4 Cultural and recreational facilities
Unit 20 Commercial recreation large sites
Unit 24 Home occupations _
Unit 36 Wireless communications facilities
(C) Density.
Units per acre I One-hall
(D) Bulk and area regulations.
Lot width minimum 200 ft.
Lot Area Minimum:
Residential: 2 acres
Nonresidential: 2 acres
Lot area per dwelling unit 2 acres
E) Setback requirements.
Front 1 Side Rear
35 ft. 1 20 ft 35 ft
(F) Height requirements. There shall be no
maximum height limits in the A- 1 District,
provided, however, that any building which
K.lReportsl2007lPC Reportilll-26-071RZN 07-1603 (Kaoshah).dw