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HomeMy WebLinkAboutOrdinance 5659ORDINANCE NO. 5659 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 13-4578, FOR APPROXIMATELY 0.87 ACRES, LOCATED AT 6316 WEST WEDINGTON DRIVE FROM R -A, RESIDENTIAL AGRICULTURAL, TO RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 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 R -A, Residential Agricultural to RSF-4, Residential Single -Family, 4 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 this 5a' day of February, 2014. APPROVED: LON ATTEST: By: Az.� Z_ SONDRA E. SMITH, City Clerk/Treasurer RZN 13-4578 Close Up View EXHIBIT "A" MORLAN JEANFPY I N ;; _ .'-�_--- - - - - - - - _ - -- ,i7 SUBJECT PROPERTY I f I •• I �r li r • I I J Il -•'.'I r NICOLE LN 1' m RMF -24 Q ,Z-0 a Legend: _ r - r - �- _ Mu ti-Usil.(E ]sting COPPER RIDGE LN - ' Fufure•} rlsx- " I PRIVATE 899 + 'l Fey tfeille+City I! mits ZN 13-4578 ® Footprints 2010 - Hillside -Hilltop Overlay District Design Overlay Di strict Design Overlay Di 31rict 0 75 150 300 450 600 ------ Planning Area Feet EXHIBIT "B" RZN 13-4578 PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION TEN (10), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (3 1) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS NORTH 183.60 FEET AND SOUTH 89001'26" EAST 259.81 FEET FROM THE SOUTHWEST CONER OF SAID 40 ACRE TRACT AND RUNNING THENCE NORTH 89001'26" EAST 212.98 FEET. THENCE SOUTH 00°10' EAST 175.55 FEET, THENCE SOUTH 890 59'58" WEST 213.46 FEET, THENCE NORTH 179.18 FEET TO THE POINT OF BEGINNING, CONTAINING 0.87 OF AN ACRE, MORE OR LESS, SUBJECT TO THAT PORTION CONTAINED IN HIGHWAY 16 WEST ON THE SOUTH SIDE HERE OF. Quin Thompson Submitted By City of Fayetteville Item Review Form 2014-0009 Legistar File Number 02/04/2014 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Action Required: Development Services Department RZN 13-4578: Rezone (6316 W. WEDINGTON DRIVE/MORLAN, 396): Submitted by WILLIAM JENKINS for property located at 6316 W. WEDINGTON DRIVE. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 0.87 acre. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE. Does this item have a cost? NO Cost of this request Category or Project Budget Account Number Funds Used to Date $0.00 Project Number Remaining Balance Budgeted Item? Budget Adjustment Attached? Previous Ordinance or Resolution # Original Contract Number: Comments: Program or Project Name Program or Project Category Fund Name V20130812 F1 il:U �� j-Zc-t`f ■ Z. � �Vl e -ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Director of Development Services Andrew Garner, City Planning Director From: Quin Thompson, Current Planner Date: January 16, 2014 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Subject: RZN 13-4578: Rezone (6316 W. Wedington Dr./Morlan) RECOMMENDATION: The Planning Commission and Planning Division staff recommend approval of an ordinance to rezone the property to RSF-4, Residential Single-family/4 Units per Acre. BACKGROUND: The subject property is located on the north side of Wedington Drive (AR 62 W) at 6316 W. Wedington Drive. The property is within the Residential Agricultural (R -A) zoning district and contains approximately 0.87 acres. The property is currently developed with a single-family home constructed in 1951, and was annexed into the City in 1982. LAND USE ANALYSYS: City Plan 2030 Future Land Use Plan designates this site as Rural Area. Rural Areas consist of lands in an open or cultivated state or sparsely settled. These may include woodland, agricultural lands or grasslands. These areas only have infrastructure and public services to support low-density zoning (i.e.I home per 15 acres or more). They do not have adequate transportation or public services to support urban development patterns at this time. Developments in these areas are not in close proximity to commercial services. This area encourages conservation and preservation in any development pattern. The property is a non -conforming lot within the R -A zoning district. The proposed rezoning would bring the lot into compliance with zoning codes. The City Plan 2030 Future Land Use Map designates this area as Rural Area. While Rural Areas are intended for very low density development, a single—family home has been located on this property for approximately 63 years. It is consistent with the City's land use objectives to bring nonconforming property into compliance, and to encourage re -use and redevelopment of property, which would be encouraged with this rezoning. DISCUSSION: On January 13, 2014 the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 7-0-0. BUDGET IMPACT: None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 13-4578, FOR APPROXIMATELY 0.87 ACRES, LOCATED AT 6316 WEST WEDINGTON DRIVE FROM R -A, RESIDENTIAL AGRICULTURAL, TO RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 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 R -A, Residential Agricultural to RSF-4, Residential Single -Family, 4 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 this day of , 2014. APPROVED: ATTEST: IM IM LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN 13-4578 Close Up View r I G•S f NICOLE LN MORLAN r - I L rl L Ip Ilk IIF _ 1_ �•� N' II -1 I_- I u L 1 RMF �.• - j� 1 I R-0 d • I L t .Legend' _ - - Multi -Use railly(E sting) COPPER RIDGE LN I — 1 i;. 4 . Future7Is_ I - r I� i - PRIVATE'899 L. L _ _-'� FtteyLle City mics - -I ZN13-4578 Footprints 2010 Hillside -Hilltop Ov Irlay District Design Overlay Di strict Design Overlay Di strict 0 75 150 300 450 600 ------ Planning Area Feet 1 • = rim • 1� ; r - I L rl L Ip Ilk IIF _ 1_ �•� N' II -1 I_- I u L 1 RMF �.• - j� 1 I R-0 d • I L t .Legend' _ - - Multi -Use railly(E sting) COPPER RIDGE LN I — 1 i;. 4 . Future7Is_ I - r I� i - PRIVATE'899 L. L _ _-'� FtteyLle City mics - -I ZN13-4578 Footprints 2010 Hillside -Hilltop Ov Irlay District Design Overlay Di strict Design Overlay Di strict 0 75 150 300 450 600 ------ Planning Area Feet EXHIBIT "B" RZN 13-4578 PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION TEN (10), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (3 1) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS NORTH 183.60 FEET AND SOUTH 89001'26" EAST 259.81 FEET FROM THE SOUTHWEST CONER OF SAID 40 ACRE TRACT AND RUNNING THENCE NORTH 89001 '26" EAST 212.98 FEET. THENCE SOUTH 00°10' EAST 175.55 FEET, THENCE SOUTH 890 59'58" WEST 213.46 FEET, THENCE NORTH 179.18 FEET TO THE POINT OF BEGINNING, CONTAINING 0.87 OF AN ACRE, MORE OR LESS, SUBJECT TO THAT PORTION CONTAINED IN HIGHWAY 16 WEST ON THE SOUTH SIDE HERE OF. T*4 aye eii.,le 111E CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of January 13, 2014 TO: Fayetteville Planning Commission FROM: Quin Thompson, Current Planner THRU: Andrew Garner, Planning Director DATE: r„r,,ary OS, -204-4 UPDATED JANUARY 16, 2014 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 RZN 13-4578: Rezone (6316 W. WEDINGTON DRIVEIMORLAN, 396): Submitted by WILLIAM JENKINS for property located at 6316 W. WEDINGTON DRIVE. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 0.87 acre. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE. Planner: Quin Thompson BACKGROUND: Property and Background: The subject property is located on the north side of Wedington Drive (AR 62 W) at 6316 W. Wedington Drive. The property is within the Residential Agricultural (R- A) zoning district and contains approximately 0.87 acres. The property is currently developed with a single-family home constructed in 1951, and was annexed into the City in 1982. The lot has neither the minimum frontage nor area required under the existing R -A zoning code. The owner intends to split the lot if the rezone request is approved, as stated in the request letter. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Commercial/Agricultural R -A, Residential Agricultural South Commercial Strip Center C-2, Thoroughfare Commercial East Single Family Residential RSF-4, Residential Single -Family, 4 units per acre West Commercial/Auto Repair C-2, Thoroughfare Commercial Request: The request is to rezone the property from R -A, Residential Agricultural to RSF-4, Residential Single Family Institutional to bring the existing property into conformance. G: IE Development Services Revieiv120131Development Revieiv113-4578 RZN 6316 W Wedington Dr (Morlan)103 Planning Commission101- 13-20141Comments and Redlines Public Comment: Staff has not received public comment. RECOMMENDATION: Staff recommends forwarding RZN 13-4578 to the City Council with a recommendation for approval based on findings stated herein. PLANNING COMMISSION ACTION: Required YES Date: January 13, 2014 O Tabled X Forwarded O Denied Motion: Winston Second: Autry Vote: 7-0-0 CITY COUNCIL ACTION: Required YES OApproved O Denied Date: February 04, 2014 INFRASTRUCTURE: Streets: The site has access to State Highway 16 (Wedington Drive). Wedington Drive is a five lane, fully -improved road with curb/gutter, asphalt trail on both sides, and storm drainage. Any required improvements to the road would be determined at the time of re -development. Water: Public water is available to the property. There is a 2" and an 8" water main running through the south portion of the parcel along Wedington Drive. Sewer: Sanitary sewer is available to the site. There is a 6" sewer main running through the south portion of the parcel along Wedington Drive. Drainage: Standard improvements and requirements for drainage will be required for any new development. This property is not affected by the 100 -year floodplain or the Streamside Protection Zones. Fire: The Fire Department did not express any concerns with this request. Police: The Police Department did not express any concerns with this request. CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as Rural Area. G:IETCOevelopmeni Services Review120131Development RevieivV3-4578 RZN 6316 W Wedingion Dr (Morlan)W Planning CommissionW l- 13-20MCommenis and Redlines Rural Areas consist of lands in an open or cultivated state or sparsely settled. These may include woodland, agricultural lands or grasslands. These areas only have infrastructure and public services to support low-density zoning (i.e.1 home per 15 acres or more). They do not have adequate transportation or public services to support urban development patterns at this time. Developments in these areas are not in close proximity to commercial services. This area encourages conservation and preservation in any development pattern. FINDINGS OF THE STAFF 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 a non -conforming lot within the R -A zoning district. The proposed rezoning would bring the lot into compliance with zoning codes. The City Plan 2030 Future Land Use Map designates this area as Rural Area. While Rural Areas are intended for very low density development, a single—family home has been located on this property for approximately 63 years. It is consistent with the City's land use objectives to bring nonconforming property into compliance, and to encourage re -use and redevelopment of property, which would be encouraged with this rezoning. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed kezoning is justified as the property is currently not conforming to the existing R -A zoning. An approved rezone would bring the property and use into zoning compliance, eliminating an existing nonconforming condition. In addition, it would allow the property to be split in future. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site access has access to Wedington Drive, a fully improved five lane State Highway. The proposed zoning would allow an existing use by right, and is unlikely that increase traffic danger or congestion would be appreciably increased. Street improvements will be assessed at the time of future 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 R -A to RSF-4 use should not undesirably increase the load on public services. The Police and Fire Departments have expressed no objections to the proposal. G: IETCDevelopment Services Revieiv120131Development RevieivV3-4578 RZN 6316 W Wedington Dr (Morlan)W3 Planning CommissionWl- 13-20141Comments and Redlines 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 which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: NIA GIETODevdopuent Se+vims Reweuut13-1578 R7,V 6314 W Wedarglw+ Dr /,4lnrlMWO hl�r+++rb+g C'n+++u+issrnn1f11 13- 014 �C•car mews and Redlines Unified Development Code Chanter 161: Zoning Regulations 161.03 District R -A, Residential -Agricultural (A)Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units 2er acre One-half (D) Bulk and area regulations. Lot width minimum 200 ft. Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres G: IETCIDevelopment Services Revie1020131Development Revieiv113-4578 RZN 6316 W Wedington Dr (Morlan)W Planning Commissional l - 13-20141Comments and Redlines E) Setback requirements. Front Side Rear 35 ft. 20 ft. 35 ft. (F) Height requirements. There shall be no maximum height limits in the A-1 District, provided, however, that any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required setback lines. (G)Building area. None. (Code 1965, App, A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 5028, 6-19-07; Ord. 5128, 4-15-08; Ord. 5195, 11-6-08; Ord. 5238, 5-5-09; Ord. 5479, 2-7-12) 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 use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-familydwellings 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 1 4 or less 7 or less d] (D)Bulk and area regulations. Single-family Two-family dwellings dwellings Lot minimum width 70 ft. 1 80 ft. G:IETCIDevelopment Services Review 120131 Development ReviewU3-4578 RZN 6316 W Wedington Dr (Morlan)W3 Planning Commission101- 13-20141Comments and Redlines (E) Setback requirements. Front Side Rear 15 ft. 5 ft. 15 ft. (F) Building height regulations. 11 80dlin Nei ht Maximum 1 45 ft. Height regulations. Structures in this District are limited to a building height of 45 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) G: IETCIDevelopment Services Review 120131 Development Reviewll3-4578 RZN 6316 W Wedinglon Dr (MorlanJ103 Planning CommissionWl- 13-20141Comments and Redlines 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. dwellin unit (E) Setback requirements. Front Side Rear 15 ft. 5 ft. 15 ft. (F) Building height regulations. 11 80dlin Nei ht Maximum 1 45 ft. Height regulations. Structures in this District are limited to a building height of 45 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) G: IETCIDevelopment Services Review 120131 Development Reviewll3-4578 RZN 6316 W Wedinglon Dr (MorlanJ103 Planning CommissionWl- 13-20141Comments and Redlines a. David Morlan aka Morlan Enterprises is requesting rezoning to allow a potential track split to allow the sale of a portion of the tract containing the residential structure, while maintaining a portion of the existing land. b. Rezoning from R -A to RSF-4 to allow potential tract split. c. No foreseeable impacts on surrounding properties in regards to land use, traffic, appearance, and signage. Mr. Morlan owns adjacent properties to the West and North sides with Wedington Drive situated on the South. There is a one story frame house located on the East side of the tract we are requesting -rezoning -on. d. Water and sewer already in place (2" water and 4" sewer) running along the North side of Wedington Drive through the property. e. Property to be rezoned contains frame house located on the East side facing Wedington Drive. Planning for the area should allow smaller lots with a house with no disruptions which allows consistency with neighboring tracts. f. Rezoning to RSF-4 is the only way to split tract with current zoning specifications. g. No increased traffic or demands on public services are anticipated with new zoning. h. No increased population density is anticipated with new zoning, rental house is in place. L Rezoning should allow the necessary transition from agricultural land to urban development. El RZN 13-4578 One Mile View LU W nNRp MORLAN ■ �IM { ■ 1 ■ a ■ ■ 1 gS ANDERSON R©- —_ <-- � r �1NEil�-l�1 -- •f a 2 g z SUBJECT PROPERTY Aim�c rtsF•t FW -7 —'•' � I RSF.I Rte. R-�L •end RSF� r RSF•r r JJ g ure J R� a®raaaaaraww ra w�tiwM ■:4!�u�,=��j� ria _Z R9F-2 Overview Legend RZN 13-4578 Subject Property RZN 13-4578 Design OverlayDistrict O _ _ _ _ s 3 � e� Boundary Pian iing Area 0 Faye tteville 0 0.25 0.5 1 41es RZN13-4578 MORLAN Close Up View .lr - 1 t 1 1■ ■ _ _—i� ■ _ - I.i �- ■ Ir - I j -.i • - 1 ' .. L �• I I Y I -- L 1 -MIN- - _i� t - 1 _ 1 1 � -In � - ��` —r r J! 71 NICOLE LN PKAMI I k' �Legend� �' R-0 ai 1„�=- - - tMse rail I(E isting) COPPER RIDGE LN I - „;IF•_u ur s PRIVATE 899 C ity mits ZN 13-4578 1 Footprints 2010 ® Hillside -Hilltop Overlay District Design Overlay Di ;trict Design Overlay Di ;trict 0 75 150 300 450 ------ Planning Area 600 Feet