HomeMy WebLinkAboutOrdinance 5288 f
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Doc ID : 013237060003 Type : REL
Kind : ORDINANCE
. Recorded : 01/05/2010 at 02 : 35 : 48 PM
Fee Amt : $25 . 00 Paoe 1 of 3
Mashinoton Countv . AR
Bette Stamps Circuit Clerk
File2010-00000364
ORDINANCE NO. 5288
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 09-3442, FOR APPROXIMATELY 0.3 ACRES,
LOCATED AT 805 WEST BEL AIR DRIVE FROM RSF-4, RESIDENTIAL
SINGLE-FAMILY, 4 UNITS PER ACRE, TO RSF-8, RESIDENTIAL SINGLE-
FAMILY, 8 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 RSF-8, Residential Single-Family, 8 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 15t day of December, 2009.
APPROVED: ATTEST:
By: By: I00ftd4-0/ F A.C. k i
O ELD JO AN, Mayor SONDRA E. SMITH, City Clerk/Treas4rfrrn,,,,
,,,1
1R TRS' .,
: FAYETTEVILLE '
9P'9RKANSQc'Jam/
EXHIBIT A
RZN09-3442 KIM BROUGH/FUGITT
Close Up View
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SUBJECT PROPERTY .,.
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BEL AIR DR
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Overview
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City Y of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
12/1/2009
City Council Meeting Date
Agenda Items Only
Data Sanders Planning Development Services
Submitted By Division Department
Action Required:
RZN 09-3442: (Kimbrough, 366): Submitted by Kim Fugitt for property located at 805 West Bel Air Drive. The
property is zoned RSF-4, Residential Single-Family, 4 units per acre, and contains approximately 0.3 acres. The
request is to rezone the subject property to RSF-8, Residential Single-Family, 8 units per acre.
Cost of this request Category / Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project Category Name
$ I
Project Number Remaining Balance Fund Name �.
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution #
Department Direc r Date I
Original Contract Date:
Z.-ot Original Contract Number:
City Attorney Date
Finance and Internal Services Director Date Received in City
Clerk's Office M.t"K,7�QM9tdh
C f of Sta Date
Received in
Mayor's Office / o
� 04e
Ma r ate N
Comments:
I
I
Revised January 15, 2009 �I
City Council Meeting of December 1 , 2009
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Jeremy C. Pate, Development Services Directory
From: Dara Sanders, Current Planner
Date: November 10, 2009
Subject: Rezoning for 805 West Bel Air Drive (RZN 09-3442)
RECOMMENDATION
Staff and the Planning Commission recommend approval of rezoning the subject property
from RSF-4, Residential Single-family to RSF-8, Residential Single-Family, 8 dwelling
units/acre, located at 805 Bel Air Drive.
i
BACKGROUND
The subject property contains 0.3 acre with one single-family house. The applicant i
proposes to rezone the subject property from RSF-4, Residential Single-family, 4 units l
per acre to RSF-8, Residential Single-family, 8 units per acre, in order for the
construction of an additional single-family house to front onto Leverett Avenue.
Staff finds that the application is consistent with the land use planning objectives,
principles and policies of the City of Fayetteville. Additionally, staff finds that rezoning
the subject property to RSF-8 will not affect the overall integrity of the existing single-
family neighborhood to the east and south, as the single-family use of the subject
property will continue.
DISCUSSION
This item was heard at the regular Planning Commission meeting on November 9, 2009.
The Planning Commission voted 6-0-0 to forward this rezoning request to the City
Council with a recommendation for approval.
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BUDGETIMPACT it
None.
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ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 09-3442, I. OR
APPROXIMATELY 0. 3 ACRES, LOCATED AT 805 WEST
BEL AIR DRIVE FROM RSFA. RESIDENTIAL SINGLE-
FAMILY, 4 UNITS PER ACRE, TO RSF-8, RESIDENTIAL
SINGLE-FAMILY, 8 UNITS PER ACRE.
I
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 RSF-8, Residential Single-Family, 8 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 I above.
PASSED and APPROVED this day of 12009.
APPROVED: ATTEST:
i
By. By: I
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
i
EXHIBIT A
RZN09-3442 KIMBROUGH/ FUGITT
Close Up View
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SUBJECT PROPERTY ' -24
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TayeV ve �e PC Meeting of November 9, 2009
n ;. � sns
TIME CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain St.
FavetPLANNING DIVISION CORRESPONDENCE Telephone:
(47 ; 57' 72701
Telcohone: (479) 575-3267
TO: Fayetteville Planning Commission
FROM : Dara Sanders, Current Planner
TFIRU : Jeremy Pate, Development Services Director
DATE: Nov ,� Updated November 10, 2009
RZN 09-3442 : (KIMBROUGH/FUGITT/805W. BEL AIR, 366) : Submitted by KIM FUGITT
for property located at 805 W. BEL AIR DRIVE. The property is zoned RSF-4, SINGLE
FAMILY, 4 UNITS PER ACRE and contains approximately 0.3 acres. The request is to rezone
the subject property to RSF-8, Residential Single Family, 8 units per acre.
Planner: Dara Sanders
BACKGROUND :
Property Description: The subject property is located at the southwest corner of the Bel Air
Drive/Leverett Avenue intersection and contains one single-family dwelling.
SURROUNDING LAND USE AND ZONING :
DIRECTION LAND USE ZONING
North Single-family, attached and detached RSF-4, RMF-24, RMF-40
Multi-family residential
South Single-family RSF-4
East Mobile home park RMF-24
West Single-family RSF-4
Proposal: The applicant proposes to rezone the subject property from RSF-4, Residential
Single- family, 4 units per acre to RSF-8, Residential Single-family, 8 units per acre.
Public Comment: Staff has public comment from one neighbor in opposition.
RECOMMENDATION :
Staff recommends forwarding rezoning request RZN 09-3442 to the City Council with a
recommendation for approval based on the findings stated herein.
i
PLANNING COMMISSION ACTION: Required YES
Date: November 9, 2009 Tabled x Forwarded Denied
Motion : Zant Second : Myres Vote: 6-0-0
CITY COUNCIL ACTION : Required YES
Approved Denied
Date:
INFRASTRUCTURE:
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Streets : This site has access to Bel Air and Leverett. Bel Air and Leverett are two lane
paved city streets in this location . Street improvements will be evaluated with
development submittal
Water: Public water is available to the property. There is a 6" public main located across
Bel Air from this property. Public water 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 6" public main located at the rear
of this property and a 15" main located in Leverett Street. Public mains may, need
to be extended through the property to serve any proposed development.
Drainage: Standard improvements and requirements for drainage will be required for any
development. This property is not affected by the 100-year floodplain.
Police: It is the opinion of the Fayetteville Police Department that this request will not
substantially alter the population density, and will not create an appreciable or
undesirable increase in the load on police services, traffic danger, and congestion.
Fire: It is the opinion of the Fayetteville Fire Department that this request will not
affect 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 City Neighborhood Area, which encourages a denser and primarily
residential urban ./abric with a range in residential types and within a complete, compact and
connected neighborhood.
FINDINGS OF THE STAFF
1 . A determination of the degree to which the proposed zoning is consistent with laird use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The subject property is located at a corner location and adjacent to Leverett
Avenue (Collector Through Street) and is surrounded by a variety of housing
types and densities, indicating single-family, small multi-family, and large
multi-family properties. The proposed zoning change to RSF-8 would allow
for the addition of one (1 ) single-family dwelling at this location. City Plan
2025 Future Land Use Plan designates this site as City Neighborhood Area,
which are denser and primarily residential areas.
Staff finds that rezoning the property to RSF-8 would be consistent with the
land use planning objectives, principles and polices of the City of Fayetteville
to provide transitions of land uses, attainable housing, and a "wide range of
residential building types" where appropriate.
Staff finds the proposal to be consistent with several of the City Plan 2025
Goals adopted by the City Council. With Goal 1 , the City of Fayetteville has
established infill as our highest priority. Staff finds that the applicant's
proposal creates the potential for a future infill project.
Staff finds that the proposal complies with Goal 2 to discourage sprawl with
compact and medium-density development that fronts onto a major
transportation corridor and utilizes existing city infrastructure.
Staff finds that the proposal to increase the residential density along Leverett
Avenue is consistent with Goal 4 to develop a multi-modal transportation
network. Efficient transit depends upon nodes or concentrations of
population and employment that can be served efficiently. Staff finds that the
increase in residential density that is adjacent to a Collector Through Street
and has access to nearby non-residential services and employment
opportunities is consistent with transit-oriented development.
Staff also finds that the proposal is consistent with Goal 6 to create attainable
housing by providing a property for an additional single family home.
Should the City Council approve the request to rezone the property, the
applicant could request lot split approval and/or building permit approval
for the creation of an additional single-family dwelling to front onto Leverett
Avenue.
II
While rezoning to RSF-8 to allow for the addition of a single-family dwelling
on Bel Air Drive (Local Street) could affect the RSF-4 integrity of the
neighborhood, due to the existing configuration of the property and the
location of the single-family dwelling, a new dwelling would front onto
Leverett Avenue; 'therefore, staff does not find that the proposal will affect
the overall integrity of the neighborhood, as this property is at a corner
location, adjacent to a heavily traveled north/south corridor, and serves as a
buffer between the single-family neighborhood to the east and the
development and street to the cast.
The reasonable application of a higher density single-family zoning
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classification to serve as a transition between a single-family district and a
higher density or nonresidential use, or a planned zoning district designed to
function as such, has been recommended by staff, supported by the Planning
Commission, and approved by the City Council in the recent past.
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 request can be justified based on the Future
Land Use Plan designation of "City Neighborhood Area" and the City Plan
2025 goals and objectives as adopted by the City Council. The rezoning
request could lead to the construction of an additional detached single-family
dwelling that is smaller than the existing detached single-family dwellings,
thus contributing to the variety of residential building types in the area.
Staff does not find that the rezoning request is necessary or needed, as the
property currently conforms to the existing underlying zoning and
development requirements of the Unified Development Code. The property
owner may still make reasonable use of the subject property within the RSF-
4 zoning district including the addition of another dwelling through the
Accessory Dwelling Unit process.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: City Planning staff and the Fayetteville Police Department find that the
proposed zoning would not create or appreciable increase traffic danger and
congestion. Even if subdivided, the property would be subject to the
regulations of the City's Access Management Policy, which regulates access
and curb cuts.
4. A detennination 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 finds 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. While the RSF-8 zoning
district would allow for the construction of another single-family dwelling on
the subject property, the density would be significantly lower than that in the
immediate vicinity and surrounding neighborhoods.
Increased load on public services were taken into consideration and
recommendations from the 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
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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 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
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FAYETTE ILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
Date 10/13/09
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 09-3442: (Kimbrough / Fugitt / 805 W. Bel Air, 366) submitted by Kim Fugitt for
property located at 805 W. Bel Air Drive 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 d.02
acres.
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. This RZN will not create an appreciable increase in traffic
danger and congestion.
i
Sincerely,
Lieutenant R, turrville
Fayetteville Police Department
i
RZN 09-3442 (Kimbrough)
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Subject Property
This map indicates the variety of lot sizes and residential
development in the immediate vicinity of the subject property.
City of Fayetteville Fire Department
3 W. Center St. Fayetteville, AR. 72701
Phone (479) 575-8365 Fax (479) 575-0471
Dara Sanders
Captain Mark Stevens
November 4, 2009
RZN 09-3442
This development will be protected by Engine 2 located at 708 N. Garland Ave.
This property is already developed with a rezoning request for .02 acres. The Fayetteville Fire Department
does not feel this development will affect our calls for service or our response times.
If you have any questions please feel free to contact me.
Captain Mark Stevens
Fayetteville Fire Department
Honor, Commitment, Courage;
Our people make the difference!
4. R-PZD 09-3439: Planned Zoning District (OAKBROOKE III / TRACY HOSKINS,
361): Submitted by TRACY K. HOSKINS for property located WITHIN OAKBROOKE
PHASE I AND H. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING
DISTRICT and contains approximately 21.50 acres. The request is for review of an R-
PZD, Residential Planned Zoning District, for Zoning and Land Use only.
Planner: Jesse hitcher
Public water is available to the property. There are 8" public mains located throughout this
property. New public mains may need to be extended depending on the proposed lot layout to
avoid services crossing new property lines.
Sanitary sewer is available to the site. There are 8" public mains located throughout this
property. New public mains may need to be extended depending on the proposed lot layout to
avoid services crossing new property lines.
The site has access to Rupple Road. Rupple Road is partially improved boulevard section in this
area. The east half has been fully improved by the recent Links development from this property
south to Wedington. The west half is paved one way southbound without curb, gutter and
sidewalks. Street improvements will be evaluated with development submittal.
Standard improvements and requirements for drainage will be required for any development.
This property is not affected by the 100 -year Floodplain.
6. RZN 09-3442: (KIMBROUGIUFUGITT/805W. BEL AIR, 366): Submitted by KIM
FUGCIT for property located at 805 W. BEL AIR DRIVE. The property is zoned RSF-4,
SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.02 acres. The
request is to rezone the subject property to RSF-8, Residential Single Family, 8 units per
acre. Planner: Dara Sanders
Public water is available to the property. There is a 6" public main located across Bel Air from
this property. Public water may need to be extended through the property to provide domestic
and lire flow for any proposed development.
Sanitary sewer is available to the site. There is a 6" public main located at the rear of this
property and a 15" main located in Lcveret Street. Public mains may need to be extended
through the property to serve any proposed development.
The site has access to Bel Air and Leverctt. Bel Air and Leverett are two lane paved city street
in this location. Street improvements will be evaluated with development submittal.
Standard improvements and requirements for drainage will be required for any development.
This property is not affected by the 100 -year floodplain
,� LI.IANrl K1 A f=UGITT, /v
NOV1.IIIhR c:
PLANNING C:UMMISSION
Cl IY OI FAYETI'E V!1 I
113 AV NIOI.]N 1'AI N
FAl'li'ITEVII_l_L, AR. 7_'70.1
RE: REZONING RLQUE{S'1 AT 805 EEL AiR DR.
CON1MISSION1 RS:
PLEASE FIND'11-IIS I,.li'I'['klt'I'O REQUEST' YOUR (:C)NSIDi:RATION OF
A I'ItOI'()SED REZONING OF'Ii iE REFERRENCEU PROI'EI:1'Y
CUNt LNl'L\; 'IIi1•' PROPERTY IS LO(WI-EI) :\T Il-IF.. SOUII-WEST
CY)ItNFR OF EEL AIR DR. AND LE1'I:RI 'I'I' ST:, IS APPROXIM FLY 0.3
ACRES IN SIZE AND IS ZONED RSF4.'1'I-ITi
E PROI'EICIY IS BOUNDED ON
THE NORTH AND EAST13Y RCMP 24.
AS REl'Itl?SENT!\'111%E OF 'CIiE OWNER I AM RI=C?1JE51TNG "[71.
SUBJE(VT' PROI'ER'JY BE ZONED RSFS. SAID REZONING WILL ALLOW
I 11 OWNER TO S131,1T E1 -IF CURRENT 13,00 SF LOT INTO TWO LOTS
OI; ADEQI;A'll SIZE AN!) FRON :\C.E '(O NLI IS'f"1'1 Ii'REQUIRENMEN` 7J
OF RSFS. IT IS '1TIE INILNI' OF TIi1S AC11ON TO C(:)NSTRUCI' A
SINGLE fillY DETACHED HOME ON 11-[E NE\VLY C:1tE:1'I7:D L.OT
'iI-[:\T\1!11.1. RI; ACD CESSEFRONT LEVF..RI T'1'S"I:
\\'•'F. BE LIEVEE THIS ACTION TO CONFORM TO-1.1-IE 1N11'I:NP ANi)
GOALS OFT E ''.0?5 PLAN AND CJtB:1'IT� NO 1-iAltl)BYTEP OR NEGATIVE
INIPACI' ON II- NEIGIIBOILS LC)CwV['FD IN THE RE I. AIR
SUBDIVISION. SAID SUBDIVISION WILL REMAIN SINGLE FAMILY AN!)
'I1-IE (REQUESTED) REZONING, AS Ii TOO IS SINGLE FABlIL1; WILL
CONTINUE ilIE SINGLE FAMILY NATURE OF T1IE AREA.
RESPEC1FUl_LY
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Legend
Subject Property
®RZNo9-3442
Boundary
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NORTHWEST ARKANSAS
NEWSPAPERS=
Northwest Arkansas Democrat Gazette
The Morning News of Springdale
The Morning News of Rogers
Northwest Arkansas Times
Benton County Daily Record
212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
DEC282009'
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 5288
December 17, 2009
Publication Charge : $ 71.34
Signed: _-----___
Subscribed and sworn to before me
ThisJ day of , 2009.
Notary Public __________________
O
My
My Commission Expires: Mme' �' 20/2 -
Do not pay from Affidavit, an invoice will be sent
I, htDwo......
\CRE.
SE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILL
ARKANSAS: is hereby
Section 1'. That the zone classification of the following described property
changed as lallows.
From RSF-4. Residential Single-Femlly, 4 units per acre to RSF-S, Residential Single-
LAPPROVED
, B units per acre, as shown on Exhibits "Aand "B' attached hereto and made
t hereot. Arkansas is hereby emend-
: That the official zoning rovided In Section I above.
ci the City ol Fayetteville
lect the zoning mange p
and APPROVED this 1st day of December. 2009'
ED: ASt
By:
E. SWIT ,CNy Olarkrft"SU r
-� SONDRA
D JORDAN, Mayor Fayetteville City ClerkfTressurer during norm)
may be viewed In the office ofhe Fayss hours.