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Home My WebLink AboutOrdinance 5176 Doc ID : 012526250003 Tvoe : REL Recorded : 10/10/2008 at 01 : 32 : 13 PM Fee Amt : $25 . 00 Paoe 1 of 3 Hashlnaton Countv . AR Bette Stamps Circuit Clerk FS1e2008-00033194 ORDINANCE NO. 5176 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 08-3065, FOR APPROXIMATELY 1 .0 ACRE, LOCATED AT 1201 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 UNITS PER ACRE, TO RMF-6, RESIDENTIAL MULTI-FAMILY, 6 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 RSF-4, Residential Single-Family, 4 units per acre to RMF-6, Residential Multi-Family, 6 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. ��•��E e'?�EgSG W PASSED and APPROVED this 161i day of September, 2008. _��; \jY OF •,�p� = APPROVED: ATTEST: ; FAYETTEVILIE ; r %9S:9o''k2S�sP:J2 ^ TOIA By: By: l�r4G�.< A > �L /J/iM rruiiuuu„ DAN COO Y, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN08-3065 HEDGE Close Up View vOYiW R RAF.]4 RAf.]1 SUBJECT PROPERTY uVgr '.vluLvu iNNTtiI LI€ oxo RL R.Sfa i_ F RSF 1 RP I I W j .1P _ I RW 14 I t( rir ,-ag..q c¢ u l RAa J+ RSIJ _ FAIRIANF SI FAIRIAW V a _ IM'34 Overview 8 -i - e..... . 0 75 150 300 450 600 Feet EXHIBIT "B" RZN 08-3065 PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1 /4) OF SECTION 22, TOWNSHIP SIXTEEN (16) NORTH, RANGE THRITY (30) WEST OF THE 5TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : BEGINNING 731 . 1 FEET WEST OF THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT; THENCE SOUTH 544.5 FEET; THENCE WEST 80 FEET; THENCE NORTH 544.5 FEET; THENCE EAST 80 FEET TO THE PLACE OF BEGINNING, CONTAINING ONE ( 1 ) ACRE, MORE OR LESS. LESS AND EXCEPT THAT PART TAKEN UP BY HWY. 16. Washington County, AR I certify this instrument was filed on 10/10/2008 01 :32:13 PM and recorded in Real Estate File Number 2008-000331 Bette Stamps - Circuit I i by 021 o City of Fayetteville Staff Review Form City Council Agenda Items517 (to and Contracts, Leases or Agreements �Z/V 60 yro7 9/16/2008 5� City Council Meeting Date �Q Agenda Items Only Jeremy Pate u Planning Operations Submitted By Division Department Action Required: RZN 08-3065: (Hedge, 564): Submitted by Richard Hedge for property located at 1201 East Huntsville Road. The property is zoned RSF-4, Residential Single-Family, 4 units per acre, and contains approximately 1 .0 acres. The request is to rezone the subject property to RMF-6, Residential Multi-Family, 6 units per acre. $ Cost of this request Category / Project Budget Program Category / Project Name Account Number Funds Used to Date Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # Department irectof Date Original Contract Date: 41� Original Contract Number: City A#cr Date Received in City Clerk's Office0 - /vD Finance and Internal Service Director Date 1J7� Received in ENTERED p , Q Mayor's Office Mayor Da e Comments: Revised April 16, 2007 City Council Meeting of September 16, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO 11111111111111111ill�- IN To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: August 26, 2008 Subject: Rezoning for Hedge (RZN 08-3065) RECOMMENDATION Staff and the Planning Commission recommend approval of the subject rezoning request for approximately 1 .0 acre of property located at 1201 Huntsville Road. The Planning Commission voted 8-0-0 in favor of the requested rezoning. BACKGROUND The subject property contains 1 .0 acre and is located on the south side of Huntsville Road just west of Erika Avenue and the Cedarpoint duplex neighborhood. The existing structure on the property was used as a church for the past approximately 40 years. Within the past year the applicant purchased the property and converted the church into a two-family residence, as approved by the Planning Commission on May 14, 2007 (CUP 07-2562 Hedge). The existing building is located on the northern portion of the property adjacent to Huntsville Road and is currently being utilized for a two-family residence. The southern portion of the lot (approximately 400'x 80') is undeveloped. The land uses immediately adjacent to the subject property are duplexes and single family homes. Other land uses in the vicinity include the Seven Hills Shelter property two parcels to the west, zoned RMF- 12, and the recently approved Porchscapes/Heritage Meadows PZD with a density of 4.88 units/acre located adjacent to the Seven Hills Shelter property. DISCUSSION This item was heard at the regular Planning Commission meeting on August 25, 2008. The Planning Commission voted 8-0-0 to forward 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 08-3065, FOR APPROXIMATELY 1 .0 ACRE, LOCATED AT 1201 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 UNITS PER ACRE, TO RMF-6, RESIDENTIAL - MULTI-FAMILY, 6 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 RSF-4, Residential Single-Family, 4 units per acre to RMF-6, Residential Multi-Family, 6 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. PASSED and APPROVED this day of 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer � I EXHIBIT "A" RZ N08-3065 HEDGE Close Up View It s aura � r r. 4 r II t I. t « r ` aW N 0.5e1 19 _,. .. ILI SUBJECT PROPERTY . : w It � . w��irtiry - 11 ! 1 G 77 IF ttSfA FW IP tIt it 4 r -�. r , r.r a, kc tt I. ) Rf l .. SA, ! , t I. t Nt 1 F f � � •__ - ' rAI4lANll;� ' OYemlew ttI- 0 75 150 300 450 600 Feet l' _ EXHIBIT "B" RZN 08-3065 PART OF THE NORTHEAST QUARTER (NE %4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 22, TOWNSHIP SIXTEEN (16) NORTH, RANGE THRITY (30) WEST OF THE 5T" PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING 731 . 1 FEET WEST OF THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT; THENCE SOUTH 544.5 FEET; THENCE WEST 80 FEET; THENCE NORTH 544. 5 FEET; THENCE EAST 80 FEET TO THE PLACE OF BEGINNING, CONTAINING ONE ( 1 ) ACRE, MORE OR LESS. LESS AND EXCEPT THAT PART TAKEN UP BY HWY. 16. TayeLLQ II PC Meeting of August 25, 2008 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Tclephonc: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: August- g Updated August 26 2008 RZN 08-3065: (HEDGE, 481): Submitted by RICHARD HEDGE for property located at 1201 E. HUNTSVILLE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1 .0 acres. The request is to rezone the subject property to RMF-6, Residential Multi- family, 6 units per acre. Planner: Andrew Garner BACKGROUND: Property Description and Background: The subject property is located at 1201 Huntsville Road, on the south side of the road, j ust to the west of Erika Avenue and the Cedarpoint duplex neighborhood. The existing structure on the property was used as a church for the past approximately 40 years. On May 7, 2007 the Board of Adjustment granted approval of a variance to make the existing building conforming, with regard to setbacks. Within the past year the applicant purchased the property and converted the church into a two-family residence, as approved by the Planning Commission on May 14, 2007 (CUP 07-2562 Hedge). The existing building is located on the northern portion of the property adjacent to Huntsville Road and is currently being utilized for a two-family residence. The southern portion of the lot (approximately 400'x 80') is undeveloped. Surrounding zoning and land use is depicted in Table 1. Photos of the subject and adjacent properties have been included in the Planning Commission packets. Table 1 SurroundingLand Use and Zoning Direction Land Use Zoning North and West Single-family residential RSF-4 East and South Duplexes (Cedarpoint neighborhood on Erika Ave. RMF-24 Other land uses in the vicinity include the Seven Hills Shelter property two parcels to the west, zoned RMF- 12, and the recently approved Porchscapes/Heritage Meadows PZD with a density of 4.88 units/acre located adjacent to the Seven Hills Shelter property. Proposal: The applicant proposes to rezone the property from RSF-4, Residential Single Family 4 Units per Acre to RMF-6, Residential Multi-Family, 6 Units per Acre. The letter request from the applicant and discussion with staff indicates that the applicant desires to allow a third residential unit in the existing building (the old church), and the potential for additional development on the property K:IReports12008NC ReportsW-August 251RZN 08-3065 (Hedge).doc at some point in the future. It should be noted that the minimum lot width for a three-family unit in the RMF-6 zoning is 90 feet, and a variance from the Board of Adjustment would be required prior to the addition of a third unit to this 80-foot wide lot. RECOMMENDATION: Staff recommends forwarding the rezoning request to the City Council with a recommendation of approval based on findings stated herein. The proposed zoning would be compatible with adjacent zoning and land uses, as well as the future land use plan for denser primarily residential urban fabric. PLANNING COMMISSION ACTION: ' _Required. -YES - Date: August 25. 2008 ' " [1 Approved X Forwarded ❑ Denied #' Motion=Anthes ra Second: ; .Winston o �i�c• ` :f : vote: ' 8-0-0 CITY COUNCIL ACTION Required , YES f `. ° • s ❑'Approved Denied C Date September 16r8 &'. readin' if recommendedl' I INFRASTRUCTURE: Streets: The site has access to Huntsville Road. Huntsville is currently an un-improved two lane paved city street. Street improvements will be evaluated with the proposed development. Water: Public water is available to the property. There is an 8" water main along Huntsville on the north side of the roadway. Sewer: Sanitary sewer is available to the site. There is a 6" sewer main along Huntsville on the south side of the roadway. 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 Fire: The subject property is located approximately 0.7 mile from Station 3 located at 1050 South Happy Hollow Road with a projected response time of 1 minute. The Fire Department does not feel this development will affect calls for service or response time. Police: It is the opinion of the Fayetteville Police Department that this annexation will not substantially alter the population density and thereby undesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in K' Reports120081PC Repor1sU6-August 25VtZN 08-3065 (Iledge).do the area. CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates this site as a City Neighborhood Area, which are areas with a denser and primarily residential urban fabric. These areas have a wide range of residential building types. 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 a City Neighborhood Area in the City Plan 2025 Future Land Use Plan. This designation includes areas with a denser and primarily residential urban fabric. This area is intended to have a wide range of residential building types. The proposed RMF-6 zoning would allow for a maximum of 6 residential units on this 1-acre property. There are single family residences adjacent to the west and north, however there is a mix of higher density and intensity in the immediate vicinity further to the west, to the south, and east. The adjacent Cedarpoint Neighborhood to the east contains two- family residences and the Seven Hills Shelter is located approximately 350 feet to the west. In addition, Heritage Meadows/Porchscapes PZD has been recently approved adjacent to the Seven Hills property with an overall density of 4,88 units and a variety of residential dwelling types. The proposed RMF-6 zoning is consistent with the Future Land Use Plan designation of the property to allow for higher density residential uses and compatible with the mix of residential uses and density in this area. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the rezoning is justified at this time. If the existing old church building that has been converted into two condominiums is to be further redeveloped with another residential unit, it is not permitted under the current zoning. The RMF-6 classification would allow for a three-family unit, and the potential for additional development on the southern portion of the property. The property currently has a density of 0.5 units/acre and a higher density zoning is needed in order to encourage further infill and revitalization of this property, consistent with Goal 1 of City Plan 2025, "We will make appropriate in and revitalization our highest priorities. " As discussed in Finding No. 1, staff finds that the proposed rezoning would encourage compatible infill and would help add to the variety of residential housing types in the area. K:IReporb12008WC Reportsl I6-August 251RZN 08-3065 (Nedge).doc 3. A determination as to whether the proposed zoning would create or appreciably increase V traffic danger and congestion. Finding: A rezoning to RMF-6 would result in a slight increase in potential traffic by allowing two more residential units on the site than would be allowed under the current RSF-4 zoning. However the property is located adjacent to Huntsville Road which is identified as a Collector Street in the Master Street plan and provides a major east-west connection through the City and close proximity to downtown. Street improvements would be evaluated if the property is ever proposed for development and improvements to the driveway and or parking may be warranted. The proposed rezoning would not appreciably increase traffic danger or 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: A zoning classification of RMF-6 will allow two more housing units to be permitted than under the RSF-4 zoning district. This density increase would not create an undesirable increase in the loads on public services as discussed in the recommendations from Engineering, Fire, and Police Departments 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; Finding: N/A 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: N/A K..-IReporis110081PC Reportrll6-Augus( 151RZN 08-3065 (Hedge).dw fI