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Home My WebLink AboutOrdinance 5288 f Illlllllllllllllllllllllllllllllllllllllllllllllllliilllllllllllllllllilllllllll 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 PIEDMONT PL RMF RW }1 SUBJECT PROPERTY .,. v ff BEL AIR DR Asn ST DAVIS ST a k MKa Overview I 0 315 75 Ibo 225 300 eel 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. I BUDGETIMPACT it None. I f . s 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 I Ili PIEDMONT PL horn PIMP 24 SUBJECT PROPERTY ' -24 < ff BEL AIR OR ABH ST H" 24 DAVIS ST F RSA > U� R4F �0 Overview 0 3T5 75 150 225 :100 1 Ci4 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: I' I 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 i 'f I , 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 i it 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 i' I I� 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