HomeMy WebLinkAboutOrdinance 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 ;
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By: By: l�r4G�.< A > �L /J/iM rruiiuuu„
DAN COO Y, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN08-3065
HEDGE
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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
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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
The City of Fayetteville Fire Department
303 W. Center St. Fayetteville, AR. 72701
Phone (479) 575-8365 Fax (479) 575-0471
To: Dara Sanders, Andrew Garner, Jeremy Pate, and Jesse Fulcher
From: David Williams, Battalion Chief
Date: August 19, 2008
Re: 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 acre. The request is to rezone the subject property to NC, Neighborhood
Conservation.
This development will be protected by Station 3 located at 1050 S. Happy Hollow Rd.
It is .7 miles from the station with an anticipated response time of 1 minute to the
beginning of the development.
The Fire Department anticipates 1(1 EMS — 0 Fire/Other) call for service each year after
the development is completed and maximum build -out has occurred. Typically, this type
of development usually takes 12 — 18 months, after the development is started, before
maximum build -out occurs.
The Fayetteville Fire Department does not_feel this development will affect our calls for
service or our response times.
Measured hydrant flow in this area is "unknown" gallons per minute.
If you have any questions please me.
IiaviiWiCams
David Williams
Fire Marshal
Fayetteville Fire Department
Honor, Commitment, Courage;
Our people make the difference!
Date 8/4/08
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
RZN 08-3065: (Hedge, 481): Submitted by Richard Hedge for property located at 1201
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 contains approximately 1.0 acre::. .
It is the opinion of the Fayetteville Police Department that this RZN would not
substantially alter the population density, and would not create an appreciable or
undesirable increase in the load on police services. This RZN will not create an
appreciable increase in traffic danger and congestion.
Sincerely,
Captain William Brown
Fayetteville Police Department
CVVmt 5
C-PZD 08-3062: (WESTSIDE STORAGE, 400): Submitted by STEVE CLARK for property
located at 1192 N. RUPPLE ROAD. The property is zoned C-2, THOROUGHFARE
COMMERCIAL and contains approximately 5.05 acres. The request is for°an additional climate
controlled storage building, a new entrance from Wedington Drive with new management
buildings at that entrance. Planner: Jesse Fulcher
Public water service is only
available
to the site
along Rupple Road. Service will need to be
extended through the site to
serve the
proposed
building.
Sanitary sewer service is available to the site along both Rupple Road and Wedington. A sewer
tap will need to be purchased from the City of Fayetteville at the time of building permit.
The site has access to Wedington and Rupple. Wedington is a fully improved five lane state
highway. Rupple Road is planned to be a four lane boulevard in this area. Street improvements
will be evaluated with the proposed development.
Standard improvements and requirements for drainage will be required for the development.
This property is not affected by the 100 -year floodplain.
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 acre. The request is to rezone the subject property to'NC,
Neighborhood Conservation. Planner: Andrew Garner
Public water is available to the property. There is an 8" water main along Huntsville on the
north side of the roadway.
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
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.
Standard improvements and requirements for drainage will be required for the development.
This property is affected by the 100 -year floodplain.
From: Clarice Pearman
To: Pate, Jeremy
Date: 9.24.08 12:53 PM
Subject: Ords. 5176 & 5179
Attachments: 5179 VAC 08-3099 Vantage Center.pdf; 5176 RZN 08-3065 Hedge.pdf
CC: Audit; GIS
Jeremy:
Attached are the ordinances passed by City Council, September 16, 2008. Please let me know if there is anything else
needed for these items. Have a good day.
Thanks.
Clarice
NORTHWEST ARKANSAS EDITION
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
RECEIVED
OCT 022008
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of: City of
Fayetteville Ordinance 5176
Sept. 25, 2008
Publication Charge : $73.85
Subscribed and sworn to before me
This 3o day of ,Q� ,�� , 2008.
Notary Public JF G f 4
My Commission Expires: but G 2o,
Do not pay from Affidavit, an invoice will be sent
RECEIVED
OCT 022008
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
'ammnnncc nu. Dl vo
AN ORDINANCE REZONING I THAT PROPER. aye evi �e
TY DESCRIBED IN REZONING PETRION
RZN 083085. FOR APPROXIMATELY 1.0
ACRE. LOCATED AT 1201 EAST
HUNTSVILLE ROAD FROM RSF•4, REST- ARKANSAS
DENTIAL 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 101 -
From RSF-4, Residential Single-Fmnily, 4 units per acre to RMF-6, Residential Multi-
Fanwly, 6 units per acre, as shown on Exhibits'A7 and'Battached hereto and made a
pan 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 16th day of September, 2008.
APPROVED: DAN COODY, Mayor ATTEST: SONDRA E. SMITH. City Clerk/Treasurer
E#tlblt A is a map and may be viewed at the office o1 the City Clerk/Treasurer during normal busi-
ness hours.
EXHIBIT "B"
RZN 08-3065
PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SEC-
TION 22, TOWNSHIP SIXTEEN (16) NORTH, RANGE THRITY (30) WEST OF THE STH PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING 731.1 FEET WEST OF THE NORTHEAST COR-
NER OF SAID FORTY ACRE TRACT: THENCE SOUTH 544.5 FEET; THENCE WEST 80 FEET;
THENCE NORTH 544.5 FEET; THENCE EAST SO FEET TO THE PLACE OF BEGINNING, CONTAIN-
ING ONE (1) ACRE, MORE OR LESS. LESS AND EXCEPT THAT PART TAXEN UP BY HWY. 16.
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