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HomeMy WebLinkAboutOrdinance 5799113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5799 File Number: 2015-0410 Doc ID: 016478780003 Type: REL Kind: ORDINANCE Recorded: 10/02/2015 at 02:06:55 PM Fee Amt: $25.00 Pape 1 of 3 Nashlnpt on County, AR Kyle Sylvester Circuit Clerk Flle2015-00028185 RZN 15-5149 (2975 OLD FARMINGTON RD./KING SIEVERT): AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5149, FOR APPROXIMATELY 1.27 ACRES, LOCATED AT 2975 OLD FARMINGTON RD. 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 City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property 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 City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 9/15/2015 Approved: Page I �•` 6'' S Y S r• Attest: ^ ~ I AYFT7FVILLi''.0 ,` Sondra E. Smith, City Clerk Treasurer Pdnled on 9716/15 EXHIBIT "A" EXHIBIT "B" Legal Description of Property For rezoning request filed 7/14/2015 for parcels 765-14655-000 and 765-14655-001. TRACT 1 - 0.98 ACRES Part of the NW1/4 of the NEI/4 of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest Corner of said NW1/4 of the NE1/4, said point being a state monument; thence S02°20'57"W 984.67 feet and S87°39'03"E 191.06 feet to a found iron pin for the Point of Beginning; thence N04028'32"W 73.01 feet to a 1/2" rebar; thence N71°59'22"E 66.59 feet to a 1/2" rebar; thence N27024'03"E 73.46 feet to a 1/2" rebar; thence N12028'11"W 34.60 feet to a 1/2" rebar; thence N33°18'40"W 74.64 feet to the Southerly right-of-way of Old Farmington Road; thence N45°14'22"E 206.16 feet along said right-of-way; thence leaving said right-of-way and running S02018'17"W 391.77 feet to a 1/2" rebar; thence S87°12'15"W 173.82 feet to the Paint of Beginning. Containing 0.98 acres, more or less. TRACT 2 - 0.29 ACRES Part of the NW1/4 of the NE1/4 of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest Corner of said NW1/4 of the NE1/4, said point being a state monument; thence S02°20'57"W 984.67 feet and S87°39'03"E 191.06 feet to a found iron pin; thence N04°28'32"W 73.01 feet to a 1/2" rebar for the Point of Beginning; thence N04°28'32"W 124.45 feet to a 1/2" rebar on the Southerly right- of-way of Old Farmington Road; thence N45"14'22"E 82.23 feet along said right-of-way to a 1/2" rebar; thence leaving said right-of-way and running S33"18'40"E 74.64 feet to a 1/2" rebar; thence S12°28'11"E 34.60 feet to a 1/2" rebar; thence S27024'03"W 73.46 feet to a 1/2" rebar; thence S71°59'22"W 66.59 feet to the Point of Beginning. Containing 0.29 acres, more or less. Washington County, AR 1 certify this instrument was filed on 10/02/2015 02:08:55 pM and recorded in Reef Estate File Number 2015.0002 jAr Kyle Sylvester- circuit ter by - City of Fayetteville, Arkansas Text File File Number: 2015.0410 Agenda Date: 9/15/2015 Version: 1 In Control: City Council Meeting Agenda Number: C. 4 RZN 15-5149 (2975 OLD FARMINGTON RD./KING SIEVERT): AN ORDINANCE REZONING THAT PROPERTY DESCRIBED 15-5149, FOR APPROXIMATELY 1.27 ACRES, LOCATED AT FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER SINGLE FAMILY, 8 UNITS PER ACRE 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Status: Passed File Type: Ordinance IN REZONING PETITION RZN 2975 OLD FARMINGTON RD. ACRE TO RSF-8, RESIDENTIAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property 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 City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 9118/2015 City of Fayetteville Staff Review Form 2015-0410 Legistar File ID 9/15/2015 City Council Meeting Date -Agenda Item Only N/A for Non -Agenda Item Jeremy Paten 8/28/2015 City Planning/ Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: RZN 15-5149: Rezone (2975 OLD FARMINGTON RD./KING-SIEVERT, 558): Submitted by THE INFILL GROUP for properties located at 2975 OLD FARMINGTON RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.27 acres. The request is to rezone the properties to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Fund Project Title I$ - V?0140170 Previous Ordinance or Resolution N Original Contract Number: Comments: Approval Date: CITY OF a e evi le CITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF SEPTEMBER 15, 2015 TO: Fayetteville City Council THRU: Andrew Garner, City Planning Director FROM: Jesse Fulcher, Senior Planner DATE: August 28, 2015 SUBJECT: RZN 15-5149: Rezone (2975 OLD FARMINGTON RD./KING-SIEVERT, 558): Submitted by THE INFILL GROUP for properties located at 2975 OLD FARMINGTON RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.27 acres. The request is to rezone the properties to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the property to RSF-8, Residential Single Family, 8 Units per Acre. BACKGROUND: The subject property is located on the south side of Old Farmington Road, just east of One Mile Road and contains two parcels totaling approximately 1,27 acres. The western parcel of approximately 0.29 acres is developed with a single-family home. The request is to rezone the property from RSF-4, Residential Single-family, 4 Units per Acre to RSF-8, Residential Single-family, 8 units per acre. The applicant indicated the rezoning is needed for the development of a cottage court with 10-12 units. Land Use Compatibility: In staff's opinion, the zoning request is compatible with surrounding land uses, which are single- family homes on a variety of lot sizes, with the exception of a cemetery to the east. Lot sizes range from 6,000 square feet to the south and north, to 15,000-20,000 square feet to the east and west. Land Use Plan Analysis: City Plan 2030 Future Land Use Plan designates this site as Residential Neighborhood Area. This designation supports a wide spectrum of residential uses and encourages density in all housing types. The RSF-8 zoning district allows 5,000 square foot lots, which is compatible with surrounding properties and continues to expand on the diversity of single-family lot sizes in the neighborhood, a primary goal of City Plan 2030. DISCUSSION: On August 24, 2015 the Planning Commission forwarded this item to the City Council with a recommendation for approval by a vote of 8-0-0. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: N/A Attachments: CC Ordinance Exhibit A Exhibit B Planning Commission Staff Report CITY OF Yaeevalle ARKANSAS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Jesse Fulcher. Senior Planner August -24-201 2015 Updated August 28, 2015 SUBJECT: RZN 15-5149: Rezone (2975 OLD FARMINGTON RD./KING-SIEVERT, 558): Submitted by THE INFILL GROUP for properties located at 2975 OLD FARMINGTON RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.27 acres. The request is to rezone the properties to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN 15-5149 to the City Council with a recommendation for approval. BACKGROUND: The subject property is located on the south side of Old Farmington Road, just east of One Mile Road and contains two parcels totaling approximately 1.27 acres. The western parcel of approximately 0.29 acres is developed with a single-family home. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and ZonincE Direction from Site Land Use Zoning North _ _ Single -Family Residential R-PZD Scottswood Place South _ Single -Family Residential RSF-4, Residential Single -Family_ _ East _ Single -Family Residential/Cemetery RSF-4. Residential Single-Family/R-A West _ Stele -Family Residential R -A. Residential Agricultural Request: The request is to rezone the property from RSF-4, Residential Single-family, 4 Units per Acre to RSF-8, Residential Single-family, 8 units per acre. The applicant indicated the rezoning is needed for the development of a cottage court with 10-12 units. Public Comment: Staff has received no public comment. INFRASTRUCTURE: Streets: The northern portion of the property has access to Old Farmington Road. This designated Collector Street has been improved on the north side of the street, but is unimproved on the south side of the street. The south side of the street adjacent to the subject property would likely need to be fully improved similar to the north side of the street at the time of development. Depending on the scope of Mailing Address: 113 W. Mountain Street www.fayetteville-ar,gov Fayetteville, AR 72701 development, off -site improvements at the substandard intersection of Old Farmington/One Mile Road may be required. Water: Public water is available to the site. There is an 8" public main along Old Farmington Road. Sewer: Sanitary sewer is available to the site. There is an 8" main on the south side of Old Farmington Road. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. This property is not affected by the 100 -year floodplain. This property does not contain any protected streams per the Streamside Protection map. Fire: This development will be protected by Engine 6 located at 900 S. Hollywood. It is 2 miles from the station with an anticipated response time of 4 minutes to the beginning of the development. The Fire Department anticipates seven calls 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 begins before maximum build -out and service impact occurs. The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times. Police: The Police Department did not express any concerns with this request CITY PLAN 2025 FUTURE LAND USE PLAN: The property is designated as a Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single family, multifamily and rowhouses. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhood, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features in the natural environment. FINDINGS OF THE STAFF RECOMMENDATION: Staff recommends forwarding RZN 15-5149 to City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES Date: August 24, 2015 O Tabled V Forwarded O Denied Motion: Chesser Second: Brown Vote: 8-0-0 CITY COUNCIL ACTION: Required YES Date: September 15, 2015 El Approved 17 Denied G:\ETC\Development Services Review\2015\Development Review\15-5149 RZN 2975 Old Farmington (King-Sievert)\03 Planning Commission\08-24-2015\Comments and Redlines 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: Surrounding Land Use Compatibility: In staffs opinion, the zoning request is compatible with surrounding land uses, which are single-family homes on a variety of lot sizes, with the exception of a cemetery to the east. Lot sizes range from 6,000 square feet to the south and north, to 15,000-20,000 square feet to the east and west. Land Use Plan Analysis: City Plan 2030 Future Land Use Plan designates this site as Residential Neighborhood Area. This designation supports a wide spectrum of residential uses and encourages density in all housing types. The RSF-8 zoning district allows 5,000 square foot lots, which is compatible with surrounding properties and continues to expand on the diversity of single-family lot sizes in the neighborhood, a primary goal of City Plan 2030. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed rezoning is justified at this time, as the proposed zoning will allow appropriate infill development in an area where it is encouraged. The applicant has also indicated in the application that the desire is to construct up to 12 cottage units on the property. The existing RSF-4 zoning will only allow up to 7 dwellings units in a cottage configuration. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property RSF-8 will not likely increase traffic danger or congestion in this location, although the request is for a zone that will allow a higher density of development than the low density development that is currently allowed under RSF-4 zoning. Improvements to Old Farmington Road and potentially off -site improvements at the intersection of Old Farmington/One Mile Road will likely be required depending on the scale of new development. 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: Rezoning the property from RSF-4 to RSF-8 will increase the potential population density, but is unlikely to undesirably increase the load on public services. The Police Department expressed no objections to the proposal. The Fire Department does not feel that this zoning will negatively affect service times to area. 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: G:\ETC\Development Services Review\2015\Development Review\15-5149 RZN 2975 Old Farmington (King-Sievert)\03 Planning Commission\08-24-2015\Comments and Redlines 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 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code sections 161.07 & 161.09 • Request Letter • Survey • One Mile Map, Close -Up Map, Current Land Use Map, Future Land Use Map G:IETC\Development Services Review\20151Development Review115-5149 RZN 2975 Old Farmington (King-Sievert)\03 Planning Commission\06-24-2015\Comments and Redlines TITLE XV UNIFIED DEVELOPMENT CODE 161.07 District RSF-4, Residential Single - Family — Four Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development (C) Density. Single-family Two-family dwellings dwellings Units per acre 4 or less 7 or less (D) Bulk and area regulations. Single-family Two-family dwellings dwellings Lot minimum 70 ft. 80 ft. width Lot area minimum 8,000 sq. ft. 12,000 sq.-ft. Land area per 8,000 sq. ft. 6,000 sq. ft. dwelling unit Hillside Overlay 60 ft. 70 ft. District Lot minimum width Hillside Overlay 8,000 sq. ft. 12,000 sq.-ft. District Lot area minimum Land area per 8,000 sq. ft. 6,000 sq. ft. dwelling unit (E) Setback requirements. Front I Side I Rear 15 ft. 5 (F) Building height regulations. Building Height Maximum I 45 ft. Height regulations. Structures in this District are limited to a building height of 46 feet. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses, (ord. # 4858). (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4858, 4-18-06; Ord. 5028, 6- 19-07; Ord. 5128, 4-15-08; Ord. 5224, 3-3-09; Ord. 5312, 4- 20-10; Ord. 5462, 12-6-11) CD161:7 161.09 District RSF-8, Residential Single - Family —8 Units Per Acre (A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single family residential areas with similar lot size, density, and land use as the historical neighborhoods in the downtown area. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses b right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 -- Government facilities Unit 9 Two-family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development (C) Density. By Right Single-family dwelling units per 8 or less acre (D) Bulk and area regulations. (1) Lot width minimum. Single-family 50 ft. Two-family Soft. Townhouse, no more than two attached 25 ft - (2) Lot area minimum. Single-family 5,000 sq. ft. Two-family 5,000 sq. ft. (3) Land area per dwelling unit. Single-family 5,000 s . ft. Two-family 5,000 sq. ft. Townhouse, no more than two attached 2,500 sq. ft. (E) Setback requirements. Front Side Rear 15 ft. 5ft. 5ft. (F) Height regulations. ildin Height Maximum I 45 ft. (G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total lot area. (Ord. 4783, 10-18-05; Ord. 5028, 6-19-07; Ord. 5128, 4-15- 08; Ord. 5224, 3-3-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6- 11) CD161:8 Rezoning Application — additional items Submitted 7/14/2015 for parcels: 765-14655-000 and 765-14655-001. a) Current ownership information and any proposed or pending property sales. The current owner is the Deborah W. King and Jeanne M. Sievert Revocable Trust. There are no pending sales, though the property is listed. The owner is considering developing the property if there is no sale. b) Reason (need) for requesting the zoning change. The owner Is considering developing a cottage court of 10-12 units organized around urban agriculture features. c) Statement of how the proposed rezoning will relate to surrounding properties In terms of land use, traffic, appearance, and signage. The proposed rezoning is consistent with surrounding properties. In terms of land use, the surrounding properties are single family detached units. In terms of traffic, Old Farmington Road has excess capacity and will be unaffected by the addition of 12 new homes. In terms of appearance and signage, the design standards of RSF-8 will ensure that any new development is contextually sensitive to the existing neighborhood character. d) Availability of water and sewer (state size of lines). The property is served by 8" water and sewer lines placed within the Old Farmington Road right-of- way. e) The degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. The property is designated Residential Neighborhood Area in the City's Future Land Use Map. The proposed rezoning is consistent with the City's desire that portions of the city designated Residential Neighborhood Area remain "primarily residential in nature." Whether the proposed zoning is justified and/or needed at the time of the request. The proposed rezoning Is needed to allow for a transit -ready cottage court development. It is justified by the proximity to a major transportation corridor (MLK), planned additions to the City's trail and park systems, and the previous rezoning of adjacent property to the north. g) Whether the proposed zoning will create or appreciably Increase traffic danger and congestion. The proposed rezoning will not create a traffic danger or appreciably increase congestion. The proposed rezoning will allow for the construction of approximately 12 homes In a cottage court format, limiting curb cuts on Old Farmington Rd. h) Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. while the proposed rezoning will alter the population density, It will not undesirably increase the load on public services. The proposed rezoning allows for a transit -ready density of 8 du/acre (16 du/acre In a cottage housing format subject to a Conditional Use Permit), A moderate Increase In density also Increases the operating and/or maintenance efficiencies of public services: it allows more children to be bussed per mile and more residents to be served per Ilnearfoot of water or sewer line. I) Why it would be Impractical to use the land for any of the uses permitted under its existing zoning classification. This Item is not applicable to this request; the use units associated with the present zoning are the same as the proposed zoning. /51 l I , \, '\� a L2 Fit I 1 1 i c: I k' �t A ! O -�i c�co . Gy�f flA T y : • . . .a:Q4*if Q y.v r• Q •; , 1 : •t-' 4 y't.A � e, 1*M RZN 15-5149 Future Land Use 0 Legend — Shared -Use Paved Trail •.•... Neighborhood/Park Trail • • • ^ Natural Surface Trail Shared -Use Paved Trail -----• Neighborhood/Park Trail -•-- Natural Surface Trail RZN15-5149 r r Fayetteville City Limits ----• Plannir@)IiQ®AST j- _•� Design Overlay District FUTURE LAND USE 2030 CLASS 'hcar9l.�ten': G 4y Neighborhood Area Urban Center Area Industrial �.-_-CI Complete Neighborhood Civic and Private Open E Civic Institutional Non -Municipal Governmi ROW KING-SIEVERT "R/VA �2Bg9 SUBJECT PROPERTY % 1 -Q VELDA CT 0 75 150 300 450 w U rc z Z O a z w w H . D,. rx 600 Feet G.O. BOX 1607, FAYETTEVILLE, AR, 72702 • 479-442-1700 • FAX: 479-695-1118 • WWW.NWADG.COM RECEIVED AFFIDAVIT OF PUBLICATION 0CT 02 2015 I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the ITY ciFRlrsow Falb Northwest Arkansas Democrat Gazette, printed and published in Washington and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. No 5799 Was inserted in the Northwest Arkansas Democrat Gazette on: September 27, 2015 Publication Charges: $ 77.82 Cathy Wiles Subscribed and sworn to before me This day of pC+. , 2015. N My Commission Expires: C'T NOTARY ' �P� PUBLIC **NOTE** _ 92401379,.; �Z Please do not pay from Affidavit. Invoice will t. gory k