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Home My WebLink AboutOrdinance 5106 Doc ID : 012018840003 TVDe : REL Recorded : 02/ 15/2008 at 11 : 44 : 28 AM Fee Amt : $25 . 00 Pace 1 of 3 Hashlnoton County . AR Bette Stamps Circuit Clerk FIIe2008-00004989 ORDINANCE NO. 5106 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 07-2852, FOR APPROXIMATELY 1 .88 ACRES, LOCATED AT 845 NORTH 40 AVENUE 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 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. "AllItI R",,<., Yoke PASSED and APPROVED this 5th day of February, 2008. Y p cci APPROVED: ATTEST: : FAYETfEVILLE ; �y • , ys,qKANSPS:�`,. By: By: cnJ i GTONO DAN COODY, Mayor SO RA E. SMITH, City Clerk/Treasurer EXHIBIT "B" RZN 07-2852 A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS NO2018'50"E 413 .46 FEET FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N87007'41 "W 329.49 FEET, THENCE NO2°39'01 "E 249.48 FEET, THENCE S87°07'41 "E 328.67 FEET, THENCE S02027'45 "W 249.48 FEET TO THE POINT OF BEGINNING. CONTAINING 1 .88 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD. Washington County, AR I certify this instrument was filed on 02/15/2008 11 :44:28 AM and recorded in Real Estate File Number 2008-00004989 Bette Stamps - Circuit Clerk by DSD City of Fayetteville 5114Staff Review Form City Council Agenda Items or Contracts gre IJ1 j 5-Feb-O8 �f City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: RZN 07-2852: (Broyles/Woodstock, 438): Submitted by Appian Centre for Design for property located at 845 North 46th Avenue. The property is zoned R-A, Residential Agricultural, and contains approximately 1 .88 acres. The request is to rezone the subject property to RSF-4, Residential Single-Family, 4 units per acre. Action Required: n/a n/a Cost of this request Cate o /Project Budget Program Catego / 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 Ierr, Previous Ordinance or Resolution # n/a Department birector Date �j Original Contract Date: n/a Original Contract Number: n/a C' orney , n nn ll Receivrk's Office c)f, tou Finance and Internal Service Director Date Received in Mayor's Office Mayor Date Comments: City Council Meeting of February 05, 2008 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 A Date: January 18, 2008 Subject: Rezoning for Broyles/Woodstock 845 North 46'h Avenue (RZN 07-2852) RECOMMENDATION Planning staff and the Planning Commission recommended to approve rezoning the subject property from R-A, Residential Agricultural to RSF-4, Residential Single-Family, 4 units per acre for approximately 1 .88 acres located at 845 North 46`h Avenue. BACKGROUND The subject property contains approximately 1 .88 acres and is located on the west side of 46'h Street, approximately 650 feet south of Wedington Drive (State Highway 16). The property is zoned R-A, Residential Agricultural and contains an existing residence and barn. On January 7, 2008 the Fayetteville Board of Adjustment approved a rear building setback variance on the subject property for the existing barn. The property is surrounded by undeveloped land to the north, south, and west that is zoned R-PZD 07-2576 (Woodstock) for a mixed use development. The property adjacent to the east and south is zoned R-A and R-O and contains single-family residences. DISCUSSION This item was heard at the regular Planning Commission meeting on January 14, 2008. 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 07-2852, FOR APPROXIMATELY 1 .88 ACRES, LOCATED AT 845 NORTH 46THAVENUE 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 to RSF-4, Residential Single-Family, 4units 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 12008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer - � F Y 'les < ..e f .^+. r f - . . ♦ Jd, -... ♦ < M -y. MIM , s5f.1" t, ar r mai sa x ,� "x c r >>\ j,\ ti a �� ` �J>FP' ASra�.+,a itx% a p�(x s1 } ra ^ t `F p ` R. " n� x ��s1Ss rT a 1 K �1.Ge`r3 va, 's� F'•r3 1 �.n+n`x,`�ieG > t Q. 1 F "\ t c ) t .r b J \ 3 aSJ'y kn p Y r . .ya 'e'- t ; cam` Rr b I IoYj '^�^u ' vy' S 3w . 'J'�s 1<P,Sv'4 y"Ly.?`"^ �•. n ty' rxx J °cy >.��fi. � aa� � � �,rs. x �ra.f ,r �` a �e5�, �7j4 117E i �,�n��,��rr>• 3 X � : ; - > �`-Y ♦t eJ a �.. � � sit �x' tY`n�,Y�b� '. ;i f ..a' . ,.eM "'"'�f e�`�S'{ i� r r`' -iT s' n v v N a . Ys• r �. t �s='ci+5 `' a'�. P2ra5 c�-rK ,f 4yy F4if r�.., s�' � . 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J ' .l u�-'it- v . f c3 rJ7 fTr t ' c � 4z~,7 r'� .,`+. �.' �+ P--, +•x-, ,'yu^+, .�y w'T, '�xk 'Ac.'wS' aL i a sxl6ci�w'` Ft- i1� 1�'�ES S,s: '}Sx. .'j,¢. $ 'Y£','f•Tv.X is \ e.eY„ 'fi ✓yt v ae tare 3 w .� : pf 4 C� k i 9�la<�112 ;_ Yes n >y' `H x, S Jx ti �Sax '' Rzr ` K \ v _.t�t°�c tKttY. iY3a 'a--Riw�r� } i�'r� et ,.a"-E }jL"Ma.,n {�. .� �```Zos+"` 3, Fep y�y n"` ?1`' �v"i 4`x �\ ,„ Liv i� sJ•$��'a �£r - • a'��`� ��s �� 'sti lo,., . 4sd�^ 'Ie *� �� " N t .i�r Y p < � q>v s vd17� r S sx xz rh?t 5 Je � 4 fipaa : ll,I IT YK t Tell '+w9f� "x - ,r3: ,� mat ar a'3i'�Y rR.i v+�4x � �F r �i Ile "`S�� Js,.rri YB ,v4 �J k'c'`Y��`�4'�' F��jiM='+c.."""�y��„'W��f9u-�'£z~T°3-��✓,.,-�'�`� L r � .�'�� " J � 2 .r1 1 k -�''yy`v 1 � j yo+4 s.e�3Si,4` ffidsS+r ''Sa `.0 S S 7 'U . mom( s+. C a.h ..tr e 7�; ITIyF 11 �•n t�j �� U' Je q��k '� < " 4� .n�R i�'� � "n � � i Y�-� _ _ '�` ' Ysx sy.d,`�5�� y!'� s 7 Eli j� �cwr LS 1'°6 ' � J < S,r .>✓5 L cf V.s ,a "�-' '{ - ,v by y. fy-�n.1, "b`Tcl I RIL Irp^ t5 � In MW r ,rJ :rr EXHIBIT `B" RZN 07-2852 A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS NO2° 18'50"E 413 .46 FEET FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N87007'41 "W 329.49 FEET, THENCE NO2039101 "E 249.48 FEET, THENCE S87007141 "E 328.67 FEET, THENCE S02027'45"W 249.48 FEET TO THE POINT OF BEGINNING. CONTAINING 1 .88 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD. FayeP I PC Meeting of January 14, 2008 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Gamer, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: J&RtaFjL Updated January 15, 2008 RZN 07-2852: (BROYLES / WOODSTOCK, 438): Submitted by APPIAN CENTRE FOR DESIGN for property located at 845 N. 46TH AVENUE. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 1 .88 acres. The request is to rezone the subject property to RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE. Property Owner: HANK BROYLES Planner: ANDREW GARNER BACKGROUND: . Property Description and Background: The subject property contains approximately.'1 .88 acres and is located on the west side of 46 h Street, approximately 650 feet south of Wedington Drive (State Highway 16). The property is zoned R-A and contains an existing residence and barn. The property is surrounded by undeveloped land to the north, south, and west that is zoned .R-PZD 07-2576 (Woodstock) for a mixed use development (see Table 1). The property adjacent to the east and south is zoned R-A and R-O and contains single family residences. TABLE 1 SURROUNDING LAND USE AND ZONING Direction Land Use Zonin North and West Undeveloped (approved Woodstock mixed use develo ment R-PZD Woodstock South and East Single-Family Residential I R-A and R-O Woodstock PZD: The Woodstock Residential Planned Zoning District (R-PZD 07-2576) was approved by the Fayetteville City Council on October 2, 2007. The R-PZD is for 342 attached and detached dwellings as well as 100,390 square feet of non-residential/commercial space. The approved site plan for the Woodstock project included the storm water detention area adjacent to the western property line of the property and single family residences are approved to the north (see attached site plan). Fayetteville Board of Adjustment: On January 7, 2008 the Fayetteville Board of Adjustment approved a rear building setback variance on the subject property for the existing barn. K:Vteporu0008V'C Reporfsl0/-January14VtZN07.2851 (BroylesWoodVock).doc - Proposal: The applicant proposes to rezone the property from R-A to RSF-4. The applicant has indicated that they have no immediate intention of developing the property, and intend on retaining the single family home and barn on the property. 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 a primarily residential uses. Public Comment Staff has not received public comment. INFRASTRUCTURE: Streets: The site has access to 460' Avenue. 461 Avenue is currently an unimproved two lane paved road at this property. Street improvements will be evaluated at the time of development. Water: Public water is available to the site. There is an 8" waterline along 46`s Street. 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 the south property line. 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 at the time of development. Fire: This property is covered by Engine 7 at 835 North Rupple Road. It is 0.8 miles from the station with an expected response time of 2.25 minutes. The Fire Department anticipates two calls for service once. Measured hydrant flow in this area is 1 ,560 gallons/minute. The rezoning will riot affect response times or. calls for service. Police: It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population density, create an undesireable increase in load on police services, or create an undesireable increase in traffic danger and congestion. CITY PLAN 2025 FUTURE LAND USE PLAN: The City Plan 2025 Future Land Use Plan designates this site as City Neighborhood Area. Staff finds that due to the large number of existing and approved single family residences in this area that the RSF-4 zoning is appropriate at this location and would be compatible with the existing and planned land uses in the immediate vicinity. K..- ReportsV008WC Reports101-January 141R7N07-1851 (BroyleslVoodstock).doc RECOMMENDATION : Staff recommends approval of the requested rezoning based on the findings herein. PLANNING COMMISSION "ACTION: Required YES EApproved= '4 Forwarded 0 Denied , zr .I ;ter 4 Mofion Trumbo Second Ostner� ;Vote: -8-0-0 DateJanuary 14 200& �' InA CITY COUNCIL ACTION � Rigmred YES . 1U Approved " ODenied Date ;February 5. 2008 im rf recommended) FINDINGS OF THE STAFF 1 . A determination of the degree to which the proposed zoning is consistent with land use plarming 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 RSF-4 zoning is consistent with the City's land use planning objectives, principles and policies to provide primarily residential land uses indicated by the City Neighborhood Area designation. The surrounding property to the south and east is established single-family residences, and the property to the north and west has been recently approved for the Woodstock mixed use development. In the approved Woodstock plan, the property directly adjacent to the north of the subject property would be single family detached residences, and the property directly adjacent to the west would be storm water detention. The proposed RSF-4 zoning would be compatible with the existing and planned land uses and zonings. 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. The 1 .88-acre property is currently zoned R-A. Based on the surrounding single family residential land uses and the Woodstock mixed use project being approved adjacent to the north and west, it is appropriate for this property to be zoned to allow for typical single family residential uses as opposed to the rural residential uses allowed under the current zoning. The property is no longer suitable for agricultural purposes. 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 RSF-4 would create an increase in K:IRelwral20081PCReportsl0l-Jaauaty I4WN07-2851 (Broyles llbodsrock).doc traffic, when developed, compared with that allowed under the existing zoning. However, the property is in direct proximity to 46th Street, and in close proximity to Wedington Drive (State Highway 16), which is a Principal Arterial. Under the proposed zoning a maximum of seven residential units would be allowed compared to the one existing single family residence on the property. Traffic generated from six additional units would be relatively minimal. The proposed zoning would not result in traffic danger and congestion. 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 RSF-4 zoning would increase the potential population density and would allow for an additional six residential units on the property, as noted in Finding No. 3 above. 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. 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. However, because of the Woodstock PZD, the western portion of the parent tract of the subject parcel will be utilized for storm water detention, < . and requires the parent tract to be reduced to 1.88 acres. The current R-A zoning would result in a non-conforming lot if it is not rezoned. It is more practical and appropriate to re-zone the property to RSF-4 than to create a nonconforming lot under the current R-A 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.Weporu1 OOMC Reportsl0l-lonuary 141RZN 07-2852 (Bro*sN'oodslck).doc Fayetteville Unified Development Code rl5 ft. 5 ft. 15 ft. 161.07 District RSF-4, 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 RSF-4 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 , §160.031 ;Ord. No. 4100, §2 (Ex. A), 6-16-98;Ord. No. Unit 1 C' -wide uses by right 4178, 8-31-99; Ord. 4858, 4-18-06) , 11 Unit 8 1 Single-family dwelling (2) Conditional user. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two-family dwellings _ Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family Two-family - - dwellin s dwellin s Units ger acre 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 ft. District Lot minimum width Hillside Overlay 8,000 sq. ft. 12,000 sq.-ft. District Lot area minimum Land area per 8,000 sq. ft. 6,000 sq. ft. dwellin and (E) Setback requirements. FRONT SIDE REAR 25 ft. 8 ft. 20 ft. HOD Front HOD Side HOD Rear K.Weports120081PC ReporutOl-January 141M 07-2852 (Broydes Woodsrack).doc