HomeMy WebLinkAboutOrdinance 5266 1111111 111111 iii 11111 11111 1111111E 1111111111111111111111111 ilii iliDoc ID : 013083800003 Type : RELi
KindRD
: OINANCE
Recorded ' 09/23/2009 at 11 : 13 : 23 AM
Fee Amt : 525 . 00 Pace 1 of 3
Washington County . AR
Bette Stamos Circuit Clerk
Flla2009-00030680
ORDINANCE NO. 5266
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 09-3344, FOR APPROXIMATELY 0.60 ACRES,
LOCATED AT 3695 EAST HUNTSVILLE ROAD FROM RSF-4,
RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE, TO NC,
NEIGHBORHOOD CONSERVATION
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 NC,
Neighborhood Conservation, 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 18`h day of August, 2009.
APPROVED: ATTEST:
ByZOALDJ6&,IN.
1N By: a., aMdt2
Mayor SONDRA E. SMITH, City Clerk/Treasurcr
011111 IF I I fill,
TR 111fl
��G••G\S Y O c •GP
; FAYETTEVILLE •
vs`9RkANSP�'J`';�
TWA
EXHIBIT "Ays
RZN09-3344 ESPINO- MADEWELL/ E . HUNTSVILLE
Close Up View
RSA
RS 4
SUBJECT PROPERTY
sY ,.
RA
RW 24
HoFA
VSF-I
Overview
0 37.5 75 150 225 300
Feet
Page 2
Ordinance 5266
EXHIBIT "B"
RZN 09-3344
PART OF THE SOUTHWEST QUARTER (SW %4) OF THE SOUTHEAST QUARTER (SE 1/4)
OF SECTION THIRTEEN (13), IN TOWNSHIP SIXTEEN ( 16) NORTH OF RANGE THIRTY
(30) WEST, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING
AT A POINT 43 .5 FEET WEST OF THE SOUTHEAST CORNER OF SAID 40 ACRE
TRACT, AND RUNNING THENCE NORTH 060 EAST 234.54 FEET TO AN IRON STAKE
ON THE SOUTH LINE OF THE RIGHT OF WAY OF STATE HIGHWAY # 16, THENCE
NORTH 70030' WEST ALONG THE SOUTH RIGHT OF WAY LINE OF SAID HIGHWAY
110 FEET TO AN IRON STAKE, THENCE SOUTH 70 WEST ALONG AN EXISTING
FENCE LINE 272 FEET TO THE SOUTH LINE OF SAID FORTY ACRE TRACT (SAID
POINT BEING 229' EAST OF THE SOUTHWEST CORNER OF A FIVE ACRE TRACT
CONVEYED TO MRS. NOLA E. THOMAS BY G.A. LAWSON AND ALLIE LAWSON, HIS
WIFE, SAID DEED RECORDED IN THE RECORD BOOK 338 PAGE 392), THENCE EAST
112.5 FEET TO THE POINT OF BEGINNING, CONTAINING 0.64 ACRES, MORE OR
LESS, SUBJECT TO ANY AND ALL EASEMENTS.
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
8/18/2009
City Council Meeting Date
Agenda Items Only
Jesse Fulcher Planning Development Services
Submitted By Division Department
Action Required:
RZN 09-3344: (Madewell, 529): Submitted by Eric Heller for property located at 3695 East Huntsville Road. The
property is zoned RSF-4, Residential Single-Family, 4 units per acre, and contains approximately 0.60 acres. The
request is to rezone the subject property to NC, Neighborhood Conservation.
i
r
I.
$
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
�1t a"Li.rq .Previous Ordinance or Resolution #
Department Dir t Date
Original Contract Date:
Original Contract Number:
City Attorney p ' Date
0. 1S
Finance and Internal Services Director Date Received in City +
Clerk's Office
JV 94o �r
C ief f St Date
Received in
WateQ Mayor's Office !�
---
/ay r
Comments:
I
I
Revised January 15, 2009
i
i
City Council Meeting of August 18, 2009 j
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Jeremy C. Pate, Development Services Director
From: Jesse Fulcher, Current Planner
Date: July 30, 2009
Subject: Rezoning for Madewell (RZN 09-3344)
6
RECOMMENDATION
Staff and the Planning Commission recommend approval of rezoning the subject property j
from RSF-4, Residential Single-family to NC, Neighborhood Conservation, located on i
the at 3695 E. Huntsville Road.
BACKGROUND
The Planning Commission reviewed a request to rezone the subject property to R-O,
Residential Office on July 13, 2009. The Planning Commission tabled the request to
allow the applicant and staff additional time to discuss other options for rezoning that
could allow for office development on the property, but without rezoning the property to
Residential Office.
The subject property is located at 3695 E. Huntsville and is currently developed with one
single-family home constructed in 1946. Surrounding properties in this area consist of
single-family residences and undeveloped pastures, although there are several
nonresidential uses periodically found along E. Huntsville Road.
DISCUSSION
This item was heard at the regular Planning Commission meeting on July 27, 2009. The
Planning Commission voted 8-0-0 to forward this rezoning request to the City Council
with a recommendation for approval.
0
BUDGETIMPACT
None. j
ORDINANCE NO,
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 09-3344, FOR
APPROXIMATELY 0.60 ACRES, LOCATED AT 3695 EAST
HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE-
FAMILY, 4 UNITS PER ACRE, TO NC, NEIGHBORHOOD
CONSERVATION
BE 1T 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 NC, Neighborhood Conservation, 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 12009.
APPROVED: ATTEST:
i
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
I
EXHIBIT "A"
I
RZN09-3344
ESPINO=MADEWELL/ E . HUNTSVILLE
Close Up View
e a� � �yf 91 mist
sg ',.
wtKz
oc
RV4
ARM-?
w,` , I.
SUBJECT PROPER
Sk
..,H,,7 _
Overview
I
i
I
Q
� I
0 37.5 75 150 225 300 !
q
Ffwl I
i
I
EXHIBIT "B"
RZN 09-3344
PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4)
OF SECTION THIRTEEN ( 13)5 IN TOWNSHIP SIXTEEN ( 16) NORTH OF RANGE THIRTY
(30) WEST, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING
AT A POINT 43 .5 FEET WEST OF THE SOUTHEAST CORNER OF SAID 40 ACRE
TRACT, AND RUNNING THENCE NORTH 060 EAST 234.54 FEET TO AN IRON STAKE
ON THE SOUTH LINE OF THE RIGIIT OF WAY OF STATE HIGHWAY # 16, THENCE
NORTII 70030' WEST ALONG THE SOUTH RIGIIT OF WAY LINE OF SAID HIGHWAY
110 FEET TO AN IRON STAKE, THENCE SOUTH 70 WEST ALONG AN EXISTING
FENCE LINE 272 FEET TO THE SOUTH LINE OF SAID FORTY ACRE TRACT (SAID
POINT BEING 229' EAST OF THE SOUTHWEST CORNER OF A FIVE ACRE TRACT
CONVEYED TO MRS. NOLA E. THOMAS BY G.A. LAWSON AND ALLIE LAWSON, HIS
WIFE, SAID DEED RECORDED IN THE RECORD BOOK 338 PAGE 392), THENCE EAST
112.5 FEET TO THE POINT OF BEGINNING, CONTAINING 0.64 ACRES, MORE OR
LESS, SUBJECT TO ANY AND ALL EASEMENTS.
i
i
�a e evllle PC Meeting of July 27, 2009
y 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: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: rub 22 2009 Updated July 30, 2009
RZN 09-3344: (MADEWELL/E.HUNTSVILLE, 529): Submitted by ERIC HELLER for property
located at 3695 E. HUNTSVILLE ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4
UNITS/ACRE and contains approximately 0.64 acres. The request is to rezone the subject property
to NC, NEIGHBORHOOD CONSERVATION. Planner: Jesse Fulcher
BACKGROUND:
The Planning Commission reviewed a request to rezone the subject property to R-O, Residential
Office on July 13, 2009. The Planning Commission tabled the request to allow the applicant and
staff additional time to discuss other options for rezoning that could allow for office development on
the property, but without rezoning the property to Residential Office.
Property Description- The subject property is located at 3695 E. Huntsville and is currently
developed with one single-family home constructed in 1946. Surrounding properties in this area
consist of single-family residences and undeveloped pastures, although there are several
nonresidential uses periodically found along E. Huntsville Road.
SURROUNDING LAND USE AND ZONING:
Direction from Site Land Use -Zoning
North Vacant RSF-4
South Residential/Commercial RSF-4
East Residential/ RSF-4
West Residential RSF-4
Proposal: The applicant proposes to rezone the property from RSF-4, Residential single-family to
R-O, Residential Office.
Public Comment: Staff has not received public comment.
RECOMMENDATION:
Staff recommends approval of the rezoning request to NC, Neighborhood Conservation (RZN 09-
3344 Tammy Madewell) based on the findings stated herein.
K.kReporls120091PC ReporlsWJuly 271RZN 09-3344(7ammyMadewe11) #2.dm
PLANNING COMMISSION ACTION: Required YES
Date: July 27, 2009 O Tabled Forwarded O Denied
Motion: Graves Second: Zant Vote: 8-0-0
CITY COUNCIL , Required YES
O Approved O Dented
Date: August 18, 2009 .'
INFRASTRUCTURE:
Streets: The site has access to Huntsville Road, which is a two-lane paved state highway. Street
improvements would be evaluated at the time of development.
Water: Public water is available to the property. There is an 8" main on the north side of
Huntsville Road. A water main may need to be extended through the property to provide
domestic and fire flow for any proposed development.
Sewer: Sanitary sewer is available to the site. There is a 12" public main running through the
property.
Drainage: Standard improvements and requirements for drainage will be required for the
development. This property is affected by the I00-year floodplain.
Police: It is the opinion of the Fayetteville Police Department that this RZN will not substantially
alter the population density, and will not create an appreciable or undesirable increase in
the load on police services. The extent of any added traffic congestion will depend on the
type of business.
Fire: This property will be covered by Engine #3 located at 1050 S. Happy Hollow. It is 1 .75
miles from the station with an anticipated response time of 4 minutes. The Fire
Department does not feel that this rezoning will affect the calls for service or response
times.
i
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates this
site as Residential Neighborhood Area, which are almost exclusively residential in nature. These zones
recognize conventional subdivision development but encourage traditional neighborhood development
that incorporates low-intensity non-residential uses.
FINDINGS OF THE STAFF
I
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.
K:IReparb120091PC RepartsV 7July 27187.N 09.3344(TammWadewll) #2.do
1
1
i
Finding: Staff finds the proposed Neighborhood Conservation zoning to be consistent with
the Residential Neighborhood Area land use designation, which almost exclusively
supports residential land uses. A low intensity non-residential land use could also be
permitted by conditional use permit, which would provide staff and the Planning
Commission the ability to review a specific project to ensure compatibility with
surrounding properties.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The subject property has been utilized for a single-family residence for
approximately 60 years, although it is currently vacant and for sale. A rezoning to
Neighborhood Conservation would allow the applicant to continue using the existing
single-family residence, or redevelop the property for a two-family dwelling.
Additionally, the applicant could request a conditional use permit through the
Planning Commission for a three-family dwelling, or a low intensity non-residential
use. In staff's opinion, the Neighborhood Conservation zoning district provides a
greater opportunity for redevelopment of this property, while retaining protections
and compatibility of land use with adjacent and nearby properties through the
zoning regulations.
3. A determination as to whether the proposed zoning would create or appreciably increase traffic
danger and congestion.
Finding: A rezoning from RSF-4 to Neighborhood Conservation could result in the potential
for a slight increase in traffic compared with that allowed under the existing zoning.
The degree to which the change in zoning would affect existing traffic conditions on
Huntsville Road, which is a busy state highway, would depend on the size of the new
development and the associated uses. A greater number of turning movements into
and out of the property could lead to increased congestion along Huntsville Road.
Access to the site will be reviewed in accordance with the City's adopted standards
at the time of development and may include shared and cross access points.
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: Staff rinds that the proposed zoning would not create undesirable impacts to public
services, or a residential density that is incompatible with the surrounding area,
based on a review of infrastructure, existing land uses, and the development
potential of the property. The property is currently zoned for single-family
dwellings. The change in zoning to Neighborhood Conservation will continue to
allow for residential use of the property, and provide an opportunity for a low
intensity nonresidential land use.
Increased load on public services were taken into consideration and
recommendations from the Engineering, Fire, and Police Departments are included
in this report.
KlReportst20091PC Reporlsll7July 27IRZN 09.3344(Pa)nmyMadeswil) M2.doc
I
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;
b. There are extenuating circumstances whichjustify the rezoning even though
there are reasons under b ( I ) through (4) above why the proposed zoning is
not desirable.
Finding: Staff rinds it is not impractical to utilize the property for the existing use, as
similar uses are found along Huntsville Rd. in the nearby vicinity, including
those directly surrounding. However, the Neighborhood Conservation zoning
district provides a greater opportunity for redevelopment, which in staff's
opinion, would be a desirable change given the current condition of the structure
on the property.
I
KAReporns1100MC Reports117Juty 171RZN 09-3344(TammyA4ademell) 42.doc
