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HomeMy WebLinkAboutORDINANCE 5871I11����f I�1l1l1�11��1I���fIIIII�I�I�IIIfI����I�ICI�����tl�rf�l���lllllllli�ll�i� nor, In: 017014270003 Type; REL Kind: OgnINANCE Recorded; 09109/2016 at 09:22:18 AM Fee Amt: $25.00 Pape t of 3 Nashinpton County, AR Kyle 8vlvester Clrcuit Clerk i Q File20 1 6-00©2 V 3 19 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5871 File Number: 2016-0207 RZN 16-5371 (5650 E. HUNTSVILLE RD./ MB PROPERTIES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5371 FOR APPROXIMATELY 3.28 ACRES LOCATED AT 5650 EAST HUNTSVILLE ROAD FROM RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE, R-A, RESIDENTIAL AGRICULTURAL AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-1, Residential Single Family, 1 Unit Per Acre, R-A, Residential Agricultural and RSF-4, Residential Single Family, 4 Units Per Acre to RSF-4, Residential Single Family, 4 Units Per Acre. 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. RK��+T .`��G'• 1TYO •'•`�9�'�. .�• G ;PGA PASSED and APPROVED on 5/3/2016 cam: '�•• •FAYE Attest: �EVILLE. �' :•,`r' ' �••SN� /G1N' •a.'. ff x .... • • `�Si t�" 0 it 113 Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 514116 16-5371 EXHIBIT'A' RZN 15-5371 MB PROPERTIES Close Up View t RAY pAYNE OR I 1 1 RA 1 1 p 1 Ir I 1 � + I ----------1 a SUBJECT PROPERTIES y COUNTRY RDG � 1 1 1 1 1 1 1 1 1 1 of 1 1 o RSF DLL ; ix � J v Q 4 ,g ANTLERS CT RSF-4 R-4 NU at 1 «._._....---- -- ------_-_ RSF•2 I _.------- - - - ---r - --- - - - - -- a w Legend RZN 16-5371 Fayetteville City Limits Footprints 2010 �_ _ ! Design Overlay Di rift 125 250 500 750 1,000 ----- Planning Area Feet 16-5371 EXHIBIT BY SURVEY DESCRIPTION: PARENT TRACT A A PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 29 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SE1/4 OF THE NW1/4 OF SAID SECTION 20; THENCE ALONG THE SOUTH LINE OF SAID SE1/4 OF THE NW1/4, N87001'25"W A DISTANCE OF 207.09 FEET TO A POINT; THENCE LEAVING SAID SOUTH LINE N02047'02"E A DISTANCE OF 300.10 FEET TO THE POINT OF BEGINNING; THENCE N87003'05"W A DISTANCE OF 326.56 FEET TO A POINT; THENCE N02021'18"E A DISTANCE OF 231.33 FEET TO A FOUND IRON PIN WITH CAP, PLS 1532; THENCE S87042'24"E A DISTANCE OF 328.30 FEET TO A SET IRON PIN WITH CAP, PLS 1156; THENCE S02'47'02"W A DISTANCE OF 235.08 FEET TO THE POINT OF BEGINNING, CONTAINING 76,369 SQUARE FEET / 1.75 ACRES MORE OR LESS. SURVEY DESCRIPTION: PARENT TRACT B A PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 29 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SE1/4 OF THE NW1/4 OF SAID SECTION 20; THENCE ALONG THE SOUTH LINE OF SAID SE1/4 OF THE NW1/4, N87'01'25"W A DISTANCE OF 207.09 FEET TO A POINT; THENCE LEAVING SAID SOUTH LINE N02047'02"E A DISTANCE OF 56.54 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A SET IRON PIN WITH CAP, PLS 1156; THENCE N87031'39"W A DISTANCE OF 207.53 FEET TO A SET IRON PIN WITH CAP, PLS 1156; THENCE N02019'31"E A DISTANCE OF 209.93 FEET TO A FOUND IRON PIN WITH CAP, PLS 1118; THENCE N87'43'06"W A DISTANCE OF 117.08 FEET TO A FOUND IRON PIN WITH CAP, PLS 1118; THENCE NO2°21'18"E A DISTANCE OF 36.72 FEET TO A POINT; THENCE S87°03'05"E A DISTANCE OF 326.56 FEET TO A POINT; THENCE S02047'02"W A DISTANCE OF 243.56 FEET TO THE POINT OF BEGINNING, CONTAINING 55,192 SQUARE FEET / 1.27 ACRES MORE OR LESS. Washington County. AR i certify this Instrument was filed on 09l0912018 09:22:18 AM and recorded in R Estate File Number 20 B-000 3 9 er- ' Kyle Sylvest, it 't `e by -: City of Fayetteville, Arkansas 113 West Mountain Street r Fayetteville. AR 72701 (479) 575-8323 Text File File Number: 2016-0207 Agenda Date: 5/3/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C 5 RZN 16-5371 (5650 E. HUNTSVILLE RD./ MB PROPERTIES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5371 FOR APPROXIMATELY 3.28 ACRES LOCATED AT 5650 EAST HUNTSVILLE ROAD FROM RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE, R-A, RESIDENTIAL AGRICULTURAL AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-1, Residential Single Family, 1 Unit Per Acre, R-A, Residential Agricultural and RSF-4, Residential Single Family, 4 Units Per Acre to RSF-4, Residential Single Family, 4 Units Per Acre. 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 5/4(2016 City of Fayetteville Staff Review Form 2016-0207 Legistar File ID 5/3/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 4/15/2016 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: RZN 16-5371: Rezone (5650 E. HUNTSVILLE RD./MB PROPERTIES, 571): Submitted by ENGINEERING SERVICES, INC. for property at 5650 E. HUNTSVILLE RD. The properties are zoned RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE, R-A, RESIDENTIAL AGRICULTURAL and RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.53 and 1.75 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Previous Ordinance or Resolution ## Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title Approval Date: V20140710 CITY OF T %0 ay -Ile ARKANSAS MEETING OF MAY 3, 2016 CITY COUNCIL AGENDA MEMO TO: Mayor, Fayetteville City Council THRE: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner DATE: May 3, 2016 SUBJECT: RZN 16-5371: Rezone (5650 E. HUNTSVILLE RD./MB PROPERTIES, 571): Submitted by ENGINEERING SERVICES, INC. for property at 5650 E. HUNTSVILLE RD. The properties are zoned RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE, R-A, RESIDENTIAL AGRICULTURAL and RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.53 and 1.75 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the properties to RSF-4, Residential Single -Family as shown in the attached Exhibit 'A' and 'B'. BACKGROUND: The subject properties are located on the north side of East Huntsville Road/Highway 16, between South Deerfield Way and South Mally Wagnon Road. The two properties total approximately 3.1 acres, with the northern parcel containing 1.4 acres, and the parcel that fronts E. Huntsville Road containing 1.7 acres. The northern property is zoned RSF-1, Residential Single Family, 1 unit per acre, and the southern property is divided between RSF-4, Residential Single Family, 4 units per acre on the eastern portion, and R-A, Residential Agricultural on the western portion. The southern portion of the property closer to Huntsville Road was annexed into the City in 1965 with the annexation of the Huntsville Road corridor and Lake Sequoyah to central Fayetteville. The northern portion of the site was annexed in 2004 as neighborhoods along Huntsville Road began to develop. Land Use Compatibility: The proposed zoning is consistent with the development and zonings to the north, east, and west. The immediately surrounding properties are developed as single-family housing except to the south, where the properties across Huntsville Road/Highway 16 are zoned C-1, Neighborhood Commercial. A rezoning to RSF-4 would require the subject property to be developed in a pattern and intensity consistent with adjacent residential areas. The northernmost of the two subject properties is developed with a detached single-family home and an accessory structure of comparable size. The southern property is undeveloped, with a gravel access drive along the eastern boundary. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM) designation of Residential Neighborhood Area. The RSF-4 zoning district allows the southern property to be developed within the area requirements of the Unified Development Code while also allowing both properties as a whole to be developed to a density comparable with the surrounding area. DISCUSSION: On April 11, 2016 the Planning Commission forwarded the applicant's request for a rezoning to RSF-4 on the subject properties. Commissioners Hoffman questioned the appropriateness of the applicant's rezoning request, citing concerns about the lack of form -based zoning districts and the potential to develop some areas of the property under higher density zoning while leaving other areas in a conservation area. A motion by Commissioner Hoffman to table the proposal failed with a vote of 3-6-0. Subsequent motion to forward the applicant's request to the City Council with a recommendation for approval was made with a vote of 7-2-0 (Commissioners Cook and Hoffman voted 'no'). BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A ■ Exhibit B ■ Application ■ Planning Commission Staff Report 16-5371 EXHIBIT 'A' 16-5371 EXHIBIT 'B' SURVEY DESCRIPTION: PARENT TRACT A A PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 29 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SE1/4 OF THE NW1/4 OF SAID SECTION 20; THENCE ALONG THE SOUTH LINE OF SAID SE1/4 OF THE NW1/4, N87°01'25"W A DISTANCE OF 207.09 FEET TO A POINT; THENCE LEAVING SAID SOUTH LINE N02047'02"E A DISTANCE OF 300.10 FEET TO THE POINT OF BEGINNING; THENCE N87003'05"W A DISTANCE OF 326.56 FEET TO A POINT; THENCE N02021'18"E A DISTANCE OF 231.33 FEET TO A FOUND IRON PIN WITH CAP, PLS 1532; THENCE S87°42'24"E A DISTANCE OF 328.30 FEET TO A SET IRON PIN WITH CAP, PLS 1156, THENCE S02047'02"W A DISTANCE OF 235.08 FEET TO THE POINT OF BEGINNING, CONTAINING 76,369 SQUARE FEET / 1.75 ACRES MORE OR LESS. SURVEY DESCRIPTION: PARENT TRACT B A PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 29 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SE1/4 OF THE NW1/4 OF SAID SECTION 20; THENCE ALONG THE SOUTH LINE OF SAID SE1/4 OF THE NW1/4, N87001'25"W A DISTANCE OF 207.09 FEET TO A POINT; THENCE LEAVING SAID SOUTH LINE NO2°47'02"E A DISTANCE OF 56.54 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A SET IRON PIN WITH CAP, PLS 1156; THENCE N87031'39"W A DISTANCE OF 207.53 FEET TO A SET IRON PIN WITH CAP, PLS 1156, THENCE NO2°19'31"E A DISTANCE OF 209.93 FEET TO A FOUND IRON PIN WITH CAP, PLS 1118; THENCE N87043'06"W A DISTANCE OF 117.08 FEET TO A FOUND IRON PIN WITH CAP, PLS 1118; THENCE N02021'18"E A DISTANCE OF 36.72 FEET TO A POINT; THENCE S87°03'05"E A DISTANCE OF 326.56 FEET TO A POINT; THENCE S02047'02"W A DISTANCE OF 243.56 FEET TO THE POINT OF BEGINNING, CONTAINING 55,192 SQUARE FEET / 1.27 ACRES MORE OR LESS. CITY OF FAYET L+ VILLE, ARKANSAS REZONING FOR STAFF USE ONLY Date Application Submitted. Dale Accepted as Complete: Case /Appeal Number: Public Hearing Date: FEE: $325.00 Sign Fee: $'5.00 S-T-R: PP#: Zone: Please fill out this form completely, supplying all necessary infonration and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished. Application: Indicate one contact person for this request: Applicant (person ►nuking request): Name: MB Property Management Attn: John McGowan Address: 360 N. Limestone Drive _Fayetteville, AR 72701 E-mail: John@j4realestate.com Phone: ( 479 ) 387-5646 Fax: Applicant Y Representative Representative (engineer, surveyor, reallor, etc.): Name: Engineering Services, Inc. Attn: Jason Appel Address: 1207 S. Old Missouri Road (Physical) P.O. Box 282 (Mailing Address) Springdale, AR 72765-0282 E-mail: iaopel(@enRineerinRservices.com Phone: 479 751-8733 Fax: (479 ) 751-8746 Site Address / Location: 5650 E. Huntsville Road - Approx'. 4.8 acres along the north side of E. Huntsville Road (Hwy, 16 approx. 250 feet west of Maily Wa non Road and aperox. 275' east of S. Deerfield Way. Current Zoning District: RA, RSF-1, & RSF-4 Assessor's Parcel Number(s) for subject property: FL ANC/AL LVTERESTS Requested Zoning District: RSF-4 765-13158-001 and 765-24043-000 The following entities and / or people have financial interest in this project: MB Property Management, LLC (Owner/Applicant) A,fot en 2014 Page 1 APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data. information. and evidence herewith submitted are in all respects. to the best of my knowledge and belief. true and correct. 1 understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval_ I understand that the City might not approve what 1 am applying for. or Wright set conditions on approval. Date: 3 l PROPERTY OWNER(S) /AUTHORIZED AGENT. I'we certify under penalty of perjury that I am we are the owner(s) of the property that is the subject of this application and that 1 °we have read this application and consent to its filing. (If signed by the authorized agent, a letterfrom each propert), owner roust be provided indicating that the agent is authorized to act oit his/her behalf.) Properly Owners of Record (attach additional info if necessary): t Name (printed): p ,%t{ �,�0.v� Address: loge 5i��naturc: Phone., Date: (Y7f) 19 - 6Z Y1, Name (printed): 5ianature: Date: Rezoning Checklist: Attach the.1611mving items to this upplicution: Address: Phone: (1) Payment in fttl I of applicable fees for processing the application: $325.00 application fee $5.00 public notification sign fee (2) A legal description of the property to be rezoned. A survey may be required if the property description can not accurately be platted or if it is described by referring to other deeds. (3) CD containing a copy of the legal description in MS Word and all required submittal items should be also included on the CD in PDF format. (4) A copy of the county parcel map from the Washington County Assessor's office or from the Washington County website The subject property and all adjacent parcels should be identified on this parcel map. The owners name. official mailing address, and the parcel number for every adjacent property shall be shown on this map. .'Ove 2 CITY OF 7ay-1 le PLANNING COMMISSION MEMO ARKANSAS TO: City of Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner MEETING DATE: April 11, 2016 (Updated with Planning Commission results) SUBJECT: RZN 16-5371: Rezone (5650 E. HUNTSVILLE RD./MB PROPERTIES, 571): Submitted by ENGINEERING SERVICES, INC. for property at 5650 E. HUNTSVILLE RD. The properties are zoned RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE, R-A, RESIDENTIAL AGRICULTURAL and RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.53 and 1.75 acres. The request is to rezone the propertyto RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN 16-5371 to the City Council with a recommendation for approval based upon the findings herein. BACKGROUND: The subject properties are located on the north side of East Huntsville Road/Highway 16, between South Deerfield Way and South Mally Wagnon Road. The two properties total approximately 3.1 acres, with the northern parcel containing 1.4 acres, and the parcel that fronts E. Huntsville Road containing 1.7 acres. The northern property is zoned RSF-1, Residential Single Family, 1 unit per acre, and the southern property is divided between RSF-4, Residential Single Family, 4 units per acre on the eastern portion, and R-A, Residential Agricultural on the western portion. The southern portion of the property closer to Huntsville Road was annexed into the City in 1965 with the annexation of the Huntsville Road corridor and Lake Sequoyah to central Fayetteville. The northern portion of the site was annexed in 2004 as neighborhoods along Huntsville Road began to develop. Surrounding land use and zoning is depicted on Table 1. Direction from Site North South East '.Nest Single -Family Residential Commercial; Mobile Oil Change Single -Family Residential Table 1 Surrounding Land Use and Zoning Land Use Zoning Single --Family Residential _RSF-4, Residential Single Family Commercial; Retail Nursery C-1, Neighborhood Commercial RSF-1, Residential Single Family RSF-4, Residential Single Family C-1, Neighborhood Commercial RSF-4, Residential Single Family R-O. Residential Office Request: The request is to rezone the entirety of the two properties from R-A, Residential Agricultural, RSF-1, Residential Single Family, one unit per acre, and RSF-4, Residential Single- family, 4 Units per Acre, to RSF-4, Residential Single-family, 4 units per acre. The applicant -eaf I Imiss Mailing Address: April 11, 2( 113 VV. Mountain Street www.fayetteville-aAgeWa Iter Fayetteville, AR 72701 16-5371 MB Propert indicated the rezoning is needed to bring the area in to conformity with the zoning code, surrounding zoning, and local land use. Public Comment: Staff has received no public comment. INFRASTRUCTURE: Streets: The southern portion of the two properties has access to East Huntsville Road/Highway 16, a two-lane state highway with open ditches and no sidewalks. This designated Principal Arterial would be evaluated for street improvements at the time of development. Water: Public water is available to the site. There is an 8-inch public main along East Huntsville Road/Highway 16. Sewer: Sanitary sewer is available to the site. There is an 8-inch main on the north side of East Huntsville Road with manhole -access on the southern property. 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 3 located at 1050 S. Happy Hollow Rd. The property is approximately 3.5 miles from the station. 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: 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. G:\ETC\Development Services Review\2016\Development Review\16-5371 RZN 5650 E. Huntsville Rd. (MB Property Mgmt) 571\03 Planning Commission\04-11-2016\Comments and Redlines Planning Commiss April 11, 2( Agenda Iter 16-5371 MB Propert Meeting Date: April 11, 2016 Motion #1: Table the item Motion: Hoffman Second: Autry Vote: 3-6-0 (Commissioners Belden, Noble, Selby, Autry, Quinlan, and Hoskins voted 'no') Motion #2: Forward the item recommending approval Motion: Autry Second: Hoskins Vote: 7-2-0 (Commissioners Cook and Hoffman voted 'no') FINDINGS OF THE STAFF RECOMMENDATION: Staff recommends forwarding RZN 16-5371 to City Council with a recommendation for approval. 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: In staffs opinion the rezoning of the subject properties from three zoning designations to one is compatible with the surrounding land uses and adopted land use plans and policies. Land Use Compatibility: The properties are located on the principal arterial, East Huntsville Road/Highway 16. Single family homes largely surround the subject property to the north, east, and west, ranging in lot size from approximately 10,000 to 12,000 square feet to the north and west, and 20,000 to the east. Commercial lots to the south of the subject properties, on the other side of East Huntsville Road/Highway 16, range from 10,000 to 62,000 square feet. Land Use Plan Analysis: City Plan 2030 designates the subject properties and all adjacent properties as Residential Neighborhood Area. This designation supports a wide spectrum of residential uses and encourages density in all housing types. The proposed rezoning is in compliance with this designation and many of the goals of City Plan 2030. Firstly, by rezoning the subject properties the potential is created for additional housing in an already developed area. This addresses the goal to pursue appropriate infill development in addition to the goals to create attainable housing without resorting to suburban sprawl in undeveloped areas. Secondly, prospective residential construction on the subject properties has the potential to further the development of the area neighborhood, including the possibility of extending the existing pedestrian infrastructure along the East Huntsville Road/Highway 16 frontage. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Planning Commiss April 11, 2( G:\ETC\Development Services Review\2016\Development Review\16-5371 RZN 5650 E. Huntsville Rd Agenda Iter (MB Property Mgmt) 571\03 Planning Comm ission\04-11-2016\Comments and Redlines 16-5371 MB Propert Finding: The proposed rezoning is justified at this time, as the proposed zoning will allow appropriate development in an area surrounded by existing neighborhoods. 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. A cottage development is not a permitted use in the RSF-4 zoning district but is a conditional use. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property RSF-4 will not likely increase traffic danger or congestion in this location due to the small size of the parcel and limited development potential. Improvements to Huntsville Road and potentially off - site improvements will be evaluated at the time of 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 to RSF-4 will slightly 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: 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 (RSF-4 zoning) ■ Request Letter ■ Rezoning Exhibit ■ One Mile Map ■ Close -Up Map • Current Land Use Map • Future Land Use Map 161.03 (R-A zoning); 161.05 (RSF-1 zoning); WETC\Development Services Review\2016\Development Review\16-5371 RZN 5650 E. Huntsville Rd. (MB Property Mgmt) 571\03 Planning Commission\04-11-2016\Comments and Redlines Planning Commiss April 11, 2( Agenda Iter 16-5371 MB Propert 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 dwellings Unit 9 -Single-family Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings _ Unit 43 Animal boardin2 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 technolo ies (C) Density. Units er acre I One-half (D) Bulk and area regulations. Lot width minimum 200 ft, Lot Area Minimum: Residential: 2 acres Nonresidential. 2 acres Lot area per dwellin unit 2 acres E) Setback requirements. Front Side Rear 35 ft. 20 ft. 35 ft. 7A (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- G:\ETC\Development Services Review\2016\Development Review\16-5371 RZN 5650 E. Huntsville Rd (MB Property Mgmt) 571\03 Planning Commission\04-11-2016\Comments and Redlines Planning Commiss April 11, 2( Agenda Iter 16-5371 MB Proper[ 161.05 District RSF-1, Residential Single -Family — One Unit Per Acre (A) Purpose. A district having single-family detached residences on lots with a minimum size of one unit per acre. The district is designed to permit and encourage the development of very low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (C) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings_ Unit 41 Accessory dwellings (D) 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 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development (E) Density. 11 Units per acre 1 1 (F) Bulk and area regulations. Lot width minimum 150 ft. Lot area minimum 35,720 S _ Ft. Land area per dwelling unit 35,720 S . Ft. (G) Setback requirements. tSide _Rear FFRft.� 320 ft. 35 ft. (H) Building height regulations. 11 Building Height Maximum 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). (1) Building area. None. (Code 1965, §160 44; Ord. No. 3792, §4, 5-17-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord 4858, 4-18-06; Ord. 5028, 6-19-07; Ord. 5128, 4-15-08; Ord. 5224, 3-3-09; Ord. 5462, 12-6-11) G:\ETC\Development Services Review\2016\Development Review\16-5371 RZN 5650 E. Huntsville Rd. (MD Property Mgmt) 571\03 Planning Comm ission\04-11-2016\Comments and Redlines Planning Commiss April 11, 2( Agenda Iter 16-5371 MB Propert 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-family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development (C) Density. Single-family dwellings Two-family dwellin s Units per acre 4 or less 7 or less (D) Bulk and area regulations. Single-family Two-family dwellin s dwellings Lot minimum width 70 ft. 80 ft. 12,000 sq.-ft. 6,000 sq. ft. Lot area minimum 8,000 sq. ft. Land area per 8,000 sq. ft. dwellin. 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 rec uirenients. Front Side Rear 15ft. 5ft. 15ft. �E (F) Building height regulations ^Building Height Maximum 1 45 ft. 7=1 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:\ETC\Development Services Review\2016\Development Review\16-5371 RZN 5650 E. Huntsville Rd (MB Property Mgmt) 571\03 Planning Commission\04-11-2016\Comments and Redlines Planning Commiss April 11, 2C Agenda Iter 16-5371 MB Propert 1207 S. Old Missouri Rd. • P.O. Box 282 • Springdale, Arkansas 72765-0282 Ph: 479-751-8733 • Fax: 479-751-8746 March 2, 2016 Development Services Department City of Fayetteville, Arkansas 125 West Mountain Fayetteville, AR 72701 RE: Rezoning Petition — RSF4 to RMF-24 Parcel Numbers 765-25043-000 and 765-13158-000 Dear Mr. Sir or Ma'am, This letter is intended to serve as a narrative to accompany the rezoning petition for Parcel Numbers 765- 25043-000 and 765-13158-000, which are located in the City of Fayetteville. The properties are currently zoned a combination of RSF-1 (Residential Single Family — One Unit per Acre), RSF-4 (Residential Single Family — Four Units per Acre), and RA (Residential Agricultural). The request is to change the zoning of the entirety of the properties to RMF-4 (Residential Single Family — Four Units per Acre) to bring the property into conformity with the vast majority of surrounding properties and also allow for a proposed lot split which will increase the number of tracts from two to three. The tract split is being submitted concurrently with this rezoning request. The proposed tracts will conform with the area and frontage requirements of the RSF-4 district and the proposed split will eliminate the presence of a tandem lot. The following paragraphs address the items required by the rezoning application instructions: A) Both parcels are currently owned by MB Property Management, LLC, which is also the applicant. None of the property is currently under contract for sale. B) Applicant is requesting rezoning to bring the entirety of the properties into one district to facilitate the lot split and bring it into alignment with the proposed use (low density single family residential) and with the zoning of the majority of the surrounding properties. C) The proposed rezoning will be consistent with the existing uses/zoning of most of the neighboring properties. The adjacent properties to the west along Deerfield Way are all RSF-4, as are the properties to the north along Country Ridge. The properties to the east are primarily RSF-1 and RSF-4, with some commercial property near the intersection of Hwy. 16 and Malty Wagnon Road. The properties across the highway to the south are commercial and residential agriculture, but the proposed zoning should not conflict with these given the large buffer (highway right-of- way) between the properties, The dominant existing land use in the immediate vicinity of the tracts being rezoned is low and medium density single family residential, which is the proposed use for the property being rezoned. The proposed rezoning/tract splits will increase the number of single family properties from two to three, and will not create a significant change in traffic, appearance, or signage in the area. Brian J. Moore, P.E. Tim J. Mays, P.E. Jerry W. Martin, P.E. 1'residcnt Vice President J Secretary -Treasurer Chairman of the Hoard ETIGINEERiNGSERVICESINC. . r ""1' r a ..'"- ��..._h' �._r _� f _ • arinitiL� Corn iss April 11, 2( Agenda Iter 16-5371 MB Propert Fayetteville Development Services Department March 2, 2016 Page 2 D) There is an 8" water main along the north side of the highway along the highway frontage of the property being rezoned which can serve the property being rezoned. A manhole at the end of an 8" sewer main is located at the southeast corner of the properties. A sewer main extension along the north side of the highway approximately 125 feet in length will provide sewer service for the three proposed tracts making up the property being rezoned. E) The Future Land Use 2030 information on the City of Fayetteville's GIS site indicates the property is within a designated "Residential Neighborhood Area" with some nearby areas designated as "Rural Areas". The proposed zoning is consistent with the Future Land Use 2030 plans for this property. F) The request will allow the property to be split into three tracts rather than the two existing tracts. A portion of the property being rezoned is currently R-A (Residential -Agricultural), which requires a minimum tract size of 2 acres. One of the proposed tracts will be located within what is now zoned R-A, and will be approximately 0.5 acres in size, which is not allowed under the current zoning district. Therefore, in order to complete the tract split, this property must be rezoned. Rather than rezone just a portion of the property included in the tract split, it was decided to rezone the entire property in order to create a uniform zoning for all three proposed tracts in line with the proposed low density use and also consistent with existing zoning and uses of neighboring parcels. G) The proposed zoning will have a negligible impact on traffic danger or congestion. The tract split/rezoning request will increase the number of single family parcels from two to three and have little, if any, impact on traffic. H) The proposed zoning will have a negligible impact on population density and public services such as schools, water, or sewer. The tract split/rezoning request will increase the number of single family parcels from two to three. I) The proposed use is allowed under the current zoning designations. However, the proposed parcel size for one of the proposed tracts is less than what is allowed by code. Please do not hesitate to contact me if you have any questions regarding this application or need anything further. Thank you, ff _ Daniel Lazenb Enclosures Brian J. Moore, P.E. Tim J. Mays, P.E. Jerry W. Martin, P.E. Prcsidcnt Vicc President I Secrearq•Treasurer Chairman of the Buard ENGINEERING SERVICES INC. Fanning Commiss April 11, 2( Agenda [ter 16-5371 MB Properl a>:.:�ime��i u.rr�r•i: ie S'VSNVXIV ITiTAfdi HAVel 'd,I�9VNM '•a ts,alom Amdoad Hl[ w" r UMM U"O ariZ3VraV DNINOzaxliali ,np v 4 4 O q w O 4 w U Q O w a 4 w 2 R.k j O 2 4 O 2 ti 2 2 o W W OU o_�Q wyou oSm!"zQy3wti wwN^Z�^nao� a'Zo otiwoo-�m�Zwwum� wy2u wizwu¢,^4o�wwwoo ¢ � ti F U 2 2 2 U w� �uo��23oFn �Fy^nm�-2 •na¢ti� 1`"' � _! � °o¢ i,o9 'nRnaoou 11� h i3a4�-2 W?V? 2 h2•�?2rn itw W V W W W � Ih¢m Souy KipryryQ 2ypQ� ,Oi2� ti Oe, W W ~Nh� it voi Ix-hyyy�p dyQ W 4�wQ uwowIw2 wb u� 4�v_..p m�wti3ww�000a� w m ° o W O p 4 g 2 2 y ¢ ¢�o Pa- 2 W Wwe W �W(� W a 3 p a4 4 2 ¢e^n hh �F o 2�2h: 4jti1Q-1 wp400 oLLxxwNw`2�ww QOOU4 U OH^-4 �f4p 0� axw ew o3wpp`boM<v,,.ny� QO�3p U2�Iw �nQN2 U4000 1 1 I yN q 111 ri vt d g Ell Ywlp 1 �.� Ie fl 'qrll 7,y � e r — Pla ring Commiss April 11.2{ Agenda Iter 16-5371 MB Propert RZN 16-5371 M13 PROPERTIES One Mile View F j t IU m HE 0 0 's 0 LLI 1�4 4F `�e 0 YA H 0 ;PRI\JAl 6647 -AWNDN-E DR p LAPKE �'A G WPN N'PA, p 'popHY R-A 12SF-7 ?0 i5\ (0 ARVEST APRILLN SUBJECT PROPERTIES I LAND ST EEC a- LU a. RLY 4 FA LST cn 000UNTRY G, R.S'F-1 0 a- DANITA H T ANTL ST 0 oq-84 p 6— FIUNTSF6LE C-I TB TALON 0 F2— TRL P-1 TRUMAW-� z Z1- L) 0 z L) MILD WAY SUM 0 44 TO Legend HAHNDO LN IV11p z 0 RD VAN HO 6 L nared-Use Paved Trail o........ Neighborhood/Park Trail Natural Surface Trail Overview 0e. RZN16-5371 Design Overlay District L Planni ig Area Fayett vide 0 0.25 0.5 1 les Planning Co miss =60, �, 1. 2( Agenda Iter 16-5371 MB Properl RZN 15-53711 MB PROPERTIES Close Up View i RAY pAYNE DR r I I R-A 1 I ! 1 1- 1 r — I r � r I 3 ----- - - - --- F rr H (L COUNTRY RDG SUBJECT PROPERTIES ! 1 1 1 t ! I I r 1 I � r I } � 1 oRSF- 0O ! w (Z7 1 I i3-----------r o w .� -- ._ O J Ov a ANTLERS CT RSFA R-0 HU at ma - ----- x0FtSF-2 1 - ------------------- - - - - -- �-..---.--,---_ -.^'--••--- fe WE w Legend RZN16-5371 - - - Fayetteville City Lit sits Footprints 2010 ! Design Overlay Dis trist 125 250 500 750 1,000 Planning Gommi ------ Planning Area Feet April 11 + 16-5371 MB Propert RZN 15-5293 MB PROPERTIES Current Land Use RAY pAyt11E DR P 1 i ° fir..+ .�. I 1 .1 4? d. i _ ,3� " M �` ' • '.4 y� �. CIDWr,FRrribG SUBJECT PROPERTIES { f Under Developed, Single Family ,' "AFL,, ''x•��� � � ++_ � JA � a,� �I`MM� y � � � Single Family 5. r-`t •1 Single Family .. " �4j �'�' 1 '��,�w � I ��• ` IjRetail Jk .41 i , ve ew R7_1V 10-5371 y » Fayetteville City Li hits Footprints 2010 Design Overlay District ---`-- 'Planning Area 0 137.5 275 550 $25 1.100 Fijai Planning Commiss April 11, 2C Agenda Iter 16-5371 MB Properl RZN15-5371 MB PROPERTIES Future Land Use r� r� � COUNTRY RDG [SUBJECT PROPERTY o, a Z'i z, o' a 4Lj ANTLERS CT Legend R7_N16-5371 RZN16-531 t1 z 0 r —Alayetteville City Limits _ , ---ingPtanning Area 1, sign Overlay Qjpi.q, FU%RE LAND U9&2030 CILRGS Natural Area t � .. Mural Area,q,.�r ki. Y y '1it.1 Residential Nesg)�ljhgrt� sY�s y�s N� �. - City Neighborh9�h0#. .n x ti Wwj an Center Area Industrial Complete Neighborhood PI: Civic and Private Open Spa Civic Institutional Non -Municipal Government ROW 0 125 250 500 750 1,000 Feet Planning Commi s April 11. f r 16-5371 MB Propert Ordinance: 5871 File Number: 2016-0207 RZN 16-5371 (5650 E. HUNTSVILLE RD./ MB PROPERTIES): NORTHWESTAmANsAs PR ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5371 FOR Democrat I � � � APPROXIMATELY EA ACRES 1� LOCATED AT 5650 EAST HUNTSVILLE ROAD FROM RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE, R- A, RESIDENTIAL AGRICULTURAL pV1tJL F :- kR ; 02 > 1,17t ' ... %f,` . P/ar: 4 79 -69h 1118, _ 'A AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE BE IT ORDAINED BY THE CITY AFFIDAVIT OF PUBLICATION COUNCIL OF THE CITY of FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the zone classification of the property shown on the map (Exhibit A) and the legal Northwest Arkansas Democrat -Gazette, printed and published in description (Exhibit B) both attached to the Washington County and Benton County> Arkansas, and of bona fide Planning Department's Agenda Memo from RSF-1, Residential Single Family, 1 Unit circulation, that from my own personal knowledge and reference Per Acre, R-A, Residential Agricultural and RSF-4, Residential Single Family, 4 Units to the files of said publication, the advertisement of: Per Acre to RSF-4, Residential Single Family, 4 Units Per Acre. Section 2: That the City Council of the City CITY OF FAYETTEVILLE of Fayetteville, Arkansas hereby amends the official zoning map of the City of Ord. 5871 Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 5/3/2016 Was inserted in the Regular Edition on: Approved: g Lioneld Jordan, Mayor May 12, 2016 Attest: Sondra E. Smith, City Clerk Treasurer 73691367 May 12, 2016 Pub/liic�ati�onp Charges $ 79.30 Cathy Wiles Subscribed and sworn to before me This �1,,�pday of(]�(/ , 2016. Notary Public My Commission Expires: .: oQ: I�Ot.AI?� °.n� _ 24U I37-� **NOTE** =;�: ° To�:��`:• J `: �'f may,'' Please do not from Affidavit. r (j Vi, e �� f��1111: `' pay l s ;' RECEW Invoice will be sent. MAY �B�