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Home My WebLink AboutORDINANCE 5927Y ':4�k-h NS:VS 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 5927 File Number: 2016-0521 RZN 16-5609 (1764 N. STARR RD./HAYS): Illldl�I�dll�llf I Ilflf lil�l Il�pl �Ml��l�ll�lllf �f I�� i��l� I�dl� Iltll� III�I lll� III Doc ID: C717240530003 Type: REL Kind: 4RDTAfANCE Recorded; 03/11/2017 at 08:54:53 AM Fee Amt: $25.00 Pape 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk �] Fiie2017-00000, 912 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5609 FOR APPROXIMATELY 26.83 ACRES LOCATED AT 1764 NORTH STARR ROAD FROM RSF- 1, RESIDENTIAL SINGLE FAMILY, 1 UNIT 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 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. PASSED and APPROVED on 12/6/2016 i Mayor +►��'10�K 1'�'1�i I OC..��! • V � �-`• •Al FAYETTE'VILL Attest: ,+/Y.�+ Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 1217116 16-5609 EXHIBIT W RZN 16-5609 HAYS Close Up View 'oo • _ — — — — — r ' RSF-4 R-O Subject Property DR NORTH s � o RSF-1 O x ARAPAHO DR x � U JEFFREYLN R-A Legend Planning Area Feet Fayetteville City Limits 0 145 290 580 870 1,160 Trail (Proposed) Building Footprint 1 inch = 400 feet CASTON DR �olINGTON D,4 Residential -Agricultural RSF-1 RSF-4 Residential -Office P-1 16-5609 EXHIBIT "B' HAYS LEGAL DESCRIPTION A PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE EAST MASTER STREET PLAN RIGHT-OF-WAY OF NORTH STARR DRIVE WHICH IS N03007'25"E 613.54' AND S87020'07"E 58.32' FROM THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE ALONG SAID RIGHT-OF-WAY N02034'05"E 883.12', THENCE LEAVING SAID RIGHT- OF-WAY S87011'01 "E 1025.61', THENCE S07004'19"W 335.74', THENCE S04053'41 "W 546.07', THENCE N87°20'07"W 977.07', TO THE POINT OF BEGINNING, CONTAINING 20.19 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. Washington County, AR I certify this instrument was filed on 01 /11 /2017 08:54:53 AM and recorded in Real Estate File Number 2017 t100 112 Kyle Sylvester - ircut 1t by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2016-0521 Agenda Date: 12/6/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 5 RZN 16-5609 (1764 N. STARR RD./HAYS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5609 FOR APPROXIMATELY 26.83 ACRES LOCATED AT 1764 NORTH STARR ROAD FROM RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE TO RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE (LEFT ON THE FIRST READING) 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 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 12/7/2010 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2016-0521 Legistar File ID 11/15/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/28/2016 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: RZN 16-5609: Rezone (1764 N. STARR RD./HAYS, 373): Submitted by BATES & ASSOCIATES, INC. for property at 1764 N. STARR RD. The property is zoned RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE and contains approximately 26.83 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF T I* ayft Ile CITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF NOVEMBER 15, 2016 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, Planning Director FROM: Jonathan Curth, Senior Planner DATE: October 28, 2016 SUBJECT: RZN 16-5609: Rezone (1764 N. STARR RD./HAYS, 373): Submitted by BATES & ASSOCIATES, INC. for property at 1764 N. STARR RD. The property is zoned RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE and contains approximately 26.83 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE. RECOMMENDATION: The City Planning staff and Planning Commission recommend approval of an ordinance to rezone the subject property to RSF-4, Residential Single -Family, 4 Units per Acre, as requested by the applicant and as shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject properties constitute approximately 20.68 acres located on the east side of Starr Road, approximately 1/8t" of a mile south of Mission Boulevard/Highway 45. These properties were annexed in to the City of Fayetteville in mid-2004. The subject properties are largely undeveloped but generally maintained, with numerous mature trees and a large pond that constitutes about 3 acres. Multiple structures exist on the properties, including at least two single- family dwellings and two accessory structures of 2,000 to 4,000 square feet. Although not in a floodplain, the pond on the subject property empties northward, eventually feeding in to Mud Creek. In June of 2004, the City Council approved resolutions to annex several parcels of land that were completely surrounded by the City of Fayetteville. Among these unincorporated areas were the subject properties. At that time, and as part of the same ordinance that annexed the property, the current RSF-1, Residential Single-family, One Unit per Acre zoning designation was applied. Request: The request is to rezone the subject properties from RSF-1, Residential Single-family, One Unit per Acre to RSF-4, Residential Single-family, 4 Units per Acre. Land Use Compatibility: The proposed zoning is compatible with the surrounding properties, which includes large areas of single-family housing developed under the requirements of the RSF- 4 zoning district. Other adjacent land uses include a residential development of varying density to the west and the Saint Joseph school and church. Additionally, the Madison Natural Area to the Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 northeast can potentially create a natural progression of green space from the large pond on the subject property northwards. Land Use Plan Analysis: City Plan 2030 designates the subject property as Residential Neighborhood Area, which supports a wide spectrum of residential uses along with complimentary low -intensity retail and commercial services. While it does not permit the full range of residential housing types and appropriate commercial uses, the proposed RSF-4 zoning district somewhat accommodates the Residential Neighborhood Area form of development, allowing single-family homes by right and two-family homes by conditional use permit. The Residential Neighborhood Area designation also promotes traditional residential urban design. Although the RSF-4 zoning does not eliminate the possibility of developing in a traditional town form, a minimum lot size of 8,000 square feet and setbacks in place of build -to -zones limit the possibility of developing these properties into a compact neighborhood. Despite this, the RSF- 4 zoning district does allow for lot widths and lot sizes that are considerably greater density than the current RSF-1 zoning, and approval of the proposed rezoning will allow for density of approximately four times greater than currently permitted. DISCUSSION: On October 24, 2016 the Planning Commission forwarded the applicant's request with a recommendation for approval by a vote of 5-1-0, with Commissioner Quinlan dissenting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Application ■ Planning Commission Staff Report 16-5609 EXHIBIT `A" RZN 16-5609 Close Up View P-1 T 0 c x HAYS I � s I I i I I � RSF-4 y R-0 WA DR NORTH m a CASTON DR rr __- •-- --- •--- I 1 I TINGTON D,4 JEFFREYLN ; t Legend Residential -Agricultural Planning Area RSF-1 Feet RSF-4 Fa etteville CityLimits Residential -Office 0 145 290 580 870 1,160 ° w Trail (Proposed) P-1 Building Footprint 1 inch = 400 feet 16-5609 EXHIBIT 513' HAYS LEGAL DESCRIPTION A PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE EAST MASTER STREET PLAN RIGHT-OF-WAY OF NORTH STARR DRIVE WHICH IS N03007'25"E 613.54' AND S87020'07"E 58.32' FROM THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE ALONG SAID RIGHT-OF-WAY N02034'05"E 883.12', THENCE LEAVING SAID RIGHT- OF-WAY S8701I'01"E 1025.61', THENCE S07°04'19"W 335.74', THENCE S04053'41"W 546.07', THENCE N87020'07"W 977.07', TO THE POINT OF BEGINNING, CONTAINING 20.19 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. CITY OF FAYETTEVILLE, ARKANSAS REZONING FOR STAFF USE ONLY FEE. $32S.00 Date Application Submitted: Sign Fee: $S.00 gate Accepted as Complete: S-T-R: ase /Appeal Number: (�, / PP#: 37-3 Public Hearing Date: „/ I[w ` Zone: Please fill out this form completely, supplying all necessary information 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 making request): Name: J.B. Hays Starr Road Development I Investment I_I_C Address: 2025 Green Acres Road Fayetteville, AR 72703 E-mail: Phone: Applicant V Representative Representative (engineer, surveyor, realtor, etc.): Name: Geoffrey Bates Bates & Associates, Inc. Address: 7230 S. Pleasant Ridge DR Fayetteville, AR 72704 E-mail: geoff@batesnwa.com Phone: ( 479 ) 442-9350 Fax: Fax: ( l ( } Site Address / Location: East of Starr Road and west of N Candleshoe drive Current Zoning District: RSF-1-. Requested Zoning District: RSF-4 Assessor's Parcel Number(s) for subject property: 765-24047-000, 765-24048-000, 765-24049-000 FINANCIAL INTERESTS The following entities and / or people have financial interest in this project: JBHays March 2014 Page I 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. I 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 I am applying for, or might set conditions on approval. Name (printed j: Geoffrey Bates Date: - % �I . J PROPERTYOWNER(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 Uwe have read this application and consent to its filing. (If signed by the authorized agent, a letter from each property owner must be provided indicating that the agent is authorized to act on his/her behalf.) Property Owners of Record (attach additional info if necessary): Name (printed): JB Hays fi Si�na3url: Name (printed): Si nature: Date: Address: same as applicant Phone: Address: Phone: Rezoning Checklist: Attach the following items to this application: (1) Payment in full 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 (Nvww.co.washin ton.ar.us). The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel number for every adjacent property shall be shown on this map. March 2014 Page 2 CITY OF Ta%y% I I e ARKANSAS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Jonathan Curth, Senior Planner October 24, 2016 (Updated with Planning Commission Results) SUBJECT: RZN 16-5609: Rezone (1764 N. STARR RD./HAYS, 373): Submitted by BATES & ASSOCIATES, INC. for property at 1764 N. STARR RD. The property is zoned RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE and contains approximately 26.83 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN 16-5609 to the City Council with a recommendation for approval based upon the findings herein. BACKGROUND: The subject properties constitute approximately 20.68 acres located on the east side of Starr Road, approximately 1/811 of a mile south of Mission Boulevard/Highway 45. These properties were annexed in to the City of Fayetteville in mid-2004. The subject properties are largely undeveloped but generally maintained, with numerous mature trees and a large pond that constitutes about 3 acres. Multiple structures exist on the properties, including at least two single- family dwellings and two accessory structures of 2,000 to 4,000 square feet. Although not in a floodplain, the pond on the subject property empties northward, eventually feeding in to Mud Creek. In June of 2004, the City Council approved resolutions to annex several parcels of land that were completely surrounded by the City of Fayetteville. Among these unincorporated areas were the subject properties. At that time, and as part of the same ordinance that annexed the property, the current RSF-1, Residential Single-family, One Unit per Acre zoning designation was applied. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Single-family residential & Madison RSF-4, Residential Single-family, 4 Units per Acre Natural Area South St. Joseph Catholic Church & School R-A, Residential -Agricultural East Single-family residential RSF-4, Residential Single-family, 4 Units per Acre West Multi -family residential & RSF-4, Residential Single-family, 4 Units per Acre Single-family residential Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Request: The request is to rezone the subject properties from RSF-1, Residential Single-family, One Unit per Acre to RSF-4, Residential Single-family, 4 Units per Acre. Public Comment: Staff has received a significant amount of public queries but no statements of support or opposition. INFRASTRUCTURE: Streets: The subject properties have access to Starr Drive to the west and the stub -out of East Arapaho Drive to the east. No curb/gutter, storm drainage, or sidewalks have been constructed, East Arapaho Drive is fully improved. Any further street improvements would be determined at the time of development. Water:. Public water is available to the site. An 8-inch water main exists in the Starr Drive right-of-way as well as in an easement along the southwest property line. Sewer: Public sanitary sewer is available along the southern edge of the properties. An 8-inch sewer main exists in the Starr Drive right-of-way. Additionally, a 24-inch public sewer main exists in an easement along the northern length of the properties. However, due to the size of this line additional main extension will be necessary prior to any individual building service connections Drainage: Any additional improvements or requirements for drainage would be determined at the time of development. No portion of these properties lie within the FEMA designated 100-yr floodplain, but a protected stream does runs north -south through the subject area. Hydric Soils have been identified on these properties and would require a wetlands determination to be provided at the time of development proposal. No part of the properties lie within the HHOD. 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 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Map designates the properties as 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. The 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: 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. GAETC\Development Services Review\2016\Development Review\16-5609 RZN 1764 N Starr Rd. (Hays) 373\03 Planning Commission\10-24-2016 Finding: In staff's opinion, a rezoning of the subject property from the current RSF-1, Residential Single-family, One Unit pet Acre, zoning district to the proposed Residential Single-family, Four Units per Acre, is compatible with surrounding uses and generally consistent with City Plan 2030. Land Use Compatibility: While not surrounded on all sides by single-family neighborhoods, the development pattern in the area of the subject property is either single-family residential in use and zoning, or complimentary to the development of single-family housing. With the exception of church land to the south that is zoned Residential -Agricultural, all the adjacent land north, west, and east of the subject property is zoned RSF-4. Single-family subdivisions abut the subject property to the north, east, and southwest, while a residential development of mixed densities lies across Starr Drive to the west. To the south is Saint Joseph church and school and to the northeast is the Madison Natural Area. These uses, although not uniform, are fully compatible with the proposed RSF-4 zoning, and development that is compliant with the requirements of that zoning district will be well - matched for the area. Land Use Plan Analysis: City Plan 2030 designates the subject property as Residential Neighborhood Area, which supports a wide spectrum of residential uses along with complimentary low -intensity retail and commercial services that are primarily located in corner locations. While it does not permit the full range of residential housing types and appropriate commercial uses, the proposed RSF-4 zoning district somewhat accommodates the Residential Neighborhood Area form of development, allowing single-family homes by right and two-family homes by conditional use permit. The Residential Neighborhood Area designation also promotes traditional residential urban design. Although the RSF-4 zoning does not eliminate the possibility of developing in a traditional town form, a minimum lot size of 8,000 square feet and setbacks in place of build -to -zones limit the possibility of developing these properties into a compact neighborhood. Despite this, the RSF-4 zoning district does allow for lot widths and lot sizes that are considerably greater density than the current RSF-1 zoning. Development of this site will allow density of approximately four times greater than currently permitted, thereby constituting infill development, which is a clear 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 applicant has requested the zoning change in order make prospective development consistent with the existing zoning to the north, west, and east. The proposed zoning district and its permitted uses would allow development that is largely compatible with those of the surrounding area. Additionally, development on the subject property can take advantage of adjacent existing City infrastructure. GAETC\Development Services Review\2016\Development Review\16-5609 RZN 1764 N. Starr Rd (Hays) 373\03 Planning Commission\10-24-2016 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Given the size of the property, a rezoning to RSF-4 will almost certainly result in an increase of traffic in this area as the site develops. That said, the character of development will be single-family residential in nature, or two- family by conditional use, and any growth in traffic will likely not be appreciable, with no significant negative impacts on safety and congestion. Off —site improvements to public infrastructure, if any, will be determined 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: Given the subject property's undeveloped nature, an approved rezoning and subsequent development will undoubtedly increase the population density. It is unlikely however, to undesirably increase the load on public sewer and water. As mentioned, the site will increase the amount of traffic to the area, and any necessary street improvements will be evaluated at the time of development. The Police and Fire Departments have not expressed objections to the proposal. 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 RECOMMENDATION: While there are some mixed findings on this request, staff feels that it is undeniably compatible with existing land uses and zoning, and therefore recommends forwarding RZN 16-5609 to City Council with a recommendation for approval based on the findings discussed throughout this report. PLANNING COMMISSION ACTION: Required YES Date: October 24, 2016 O Tabled M Forwarded O Denied Motion: Brown Second: Autry Vote: 5-1-0 (Quinlan Dissented) CITY COUNCIL ACTION: Required YES Date: O Approved O Denied G:\ETC\Development Services Review\2016\Development Review\16-5609 RZN 1764 N. Starr Rd. (Hays) 373\03 Planning Commission\10-24-2016 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.05, RSF-1, Residential Single-family, 1 Units per Acre o §161.07, RSF-4, Residential Single-family, 4 Units per Acre • Request Letter • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map GAETC\Development Services Review\2016\Development Review\16-5609 RZN 1764 N. Starr Rd. (Hays) 373\03 Planning Commission\10-24-2016 161.05 - District RSF-1, Residential Single -Family - One (1) Unit Per Acre (A) Purpose. A district having single-family detached residences on lots with a minimum size of one (1) 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 ^nit 24 Home occupations Unit 36 Wireless communications facilities l Unit 44 Cottage Housing Development (E) Density Units per acre (F) Bulk and Area Regulations. Lot width minimum Lot area minimum Land area per dwelling unit (G) Setback Requirements. 150 feet 35,720 square feet 35,720 square feet Front Side Rear 35 feet 20 feet 35 feet (H) Building Height Regulations. Building Height Maximum I 45 feet 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. (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 No 4858, 4-18-06; Ord No. 5028, 6-19-07; Ord. No 5128, 4-15-08; Ord. No 5224, 3-3-09; Ord. No. 5462, 12-6-11) G:\ETC\Development Services Review\2016\Development Review\16-5609 RZN 1764 N. Starr Rd. (Hays) 373\03 Planning Commission\10-24-2016 161.07 - District RSF-4, Residential Single -Family - Four (4) 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 Unit 41 Single-family dwellings TIT Accessory dwellings_ (2) Conditional Uses Unni - 2 City-wide uses by conditional usee permit Unit 3 - —t Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 - T� Government facilities Unit 9 _ ,I Two-family dwellings Unit 12 Limited business Unit 24 - ^� Home occupations _I Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development (C) Density Single-family Two (2) family dwellings dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Lot minimum width Lot area minimum Land area per dwelling unit Hillside Overlay District Lot minimum width Hillside Overlay District Lot area minimum Land area per dwelling unit Single-family Two (2) family dwellings dwellings 70 feet 80 feet 8,000 square 12,000 square feet feet 8,000 square 6,000 square feet feet 60 feet 70 feet 8,000 square 12,000 square feet feet 8,000 square 6,000 square feet feet G:\ETC\Development Services Review\2016\Development Review\16-5609 RZN 1764 N. Starr Rd. (Hays) 373\03 Planning Commission\10-24-2016 (E) Setback Requirements Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 45 feet 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. (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. No. 4858, 4-18-06; Ord. No.. 5028, 6-19-07; Ord No. 5128, 4-15-08; Ord No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11) G:\ETC\Development Services Review\2016\Development Review\16-5609 RZN 1764 N. Starr Rd. (Hays) 373\03 Planning Commission\10-24-2016 �Y Associates, Bate RZN 16-5609 Request Letter Inc_ Civil Engineering - Land Surveying - Landscape Architecture 7230 S. Pleasant Ridge Dr. / Fayetteville, AR 72704 PH: 479-442-9350 * FAX: 479-521-9350 www.batesnwa.com REZONING REQUEST Starr Road Development & Investment, LLC: This rezoning request is being made by the owner of the following property located in Fayetteville, Arkansas: A part of the West half (W %) of the Southeast Quarter (SE ''/A) of Section One (1), Township Sixteen (16) North, Range Thirty (30) West, and being more particularly described as follows, to -wit: Beginning at a point which is 610.64 feet North of the Southwest corner of said 80 acre tract, and ruining thence North 886,24 feet, thence N89°40'42"E along the South line of Madison Avenue Subdivision Phase One 1320.56 feet to an existing concrete monument, thence S00°10'40" E along the West line of Barrington' Parke Subdivision Phase Two 88425 feet thence S89035'33"W 1321.72 feet to the point of beginning, containing 26.83 acres, more or less, Subject to that portion in street right-of-way on the West side of herein described tract, and utility easements of record. LESS AND EXCEPT: A part of the W 1/z of the SE '/4 of Section 1, Township 16 North, Range 30 West, being more particularly described as follows: Beginning at an iron pin located at a point that is N00°05'54"E 610.64 feet and N89041'26"E 1036.91 feet from the Southwest corner of said 80 acre tract and running thence N01 °S5' 14"E 546.07 feet to an iron pin; thence N04°02'23"E 339.95 feet to an iron pin located on the South line of the City of Fayetteville Parks Division Property; thence N89046'36"E 24294 feet along said South line to a concrete monument; thence S00°04'46"E 994.25 feet along the West line of the Barrington Parke Subdivision, Phase II, to an iron pin; thence leaving said West line and running S89°41'26"W 296.4 feet to the point of beginning, containing 5.45 acres, more or less, Washington County, Arkansas. Subject to a 40 foot wide City of Fayetteville Utility Easement along the North Iine, a 50 foot wide Arapho Drive right-of-way along the South line, and any other easements and/or right-of-ways of record. and Lot Numbered One (1), in Sunset Woods, a Planned Unit Development to the City of Fayetteville, Arkansas, as shown upon the recorded plat thereof, on file in the office of the Circuit Clerk and Ex-Offcio Recorder of Washington County, Arkansas. The request is to rezone the above lots from RSF-1 to RSF-4 to be consistent with the property to the west, north, and east. Rezoning these parcels will not have an adverse effect on the surrounding uses. Water is available on the west and south of these tracts. An 8" CIP water main is located adjacent to the property on the west and an 8" PVC water main is located on the south side. A 24" sewer main is located along the north side of the property. The zoning change is consistent with the surrounding zoning and uses. All of the area is residential in use. This request in change will not have an effect on density in terms of the schools, water or sewer systems. Respectfully, Geoffrey H. Bates, PE RZN 16-5609 One Mile View C-I cs HAYS NORTH 0 0.125 0.25 0.5 Miles I I r F cP ' LN r 1 1tSF-4 � Q , rn w r x �a rHVUTERRD- r � I r CHU��/Yf�LR :•-• Subject Property R-O r =� RSF-1 c-2 e _ 5 1 — ♦� YL I*I Ii-�1 r �CASTON R R; a-2; r•--- - - - - -- ----- ------- r 1 `---- DR 1 ��o 1� 2 x S7'ARR L3 r IVATi 143E r r �1 p r 1 r i r i r r is Zaaug EXTRACTION r i�B,DEN,lAt¢IRpLE�FAN�V �En aesitleaoaLpgacuilwal COMMERCIAL Res�denlie101gce RSF•z Legend ••G1 RSFa rc- FORMBASEDDISTRICTS Planning Area asFne Asa ,era -Fare r RESIDENTIAL MULTI -FAMILY CAI Na��sreei cemar 1 1 I1R Rr-is �remai rr,a aaomrea-ramnr =�„Mo,:,, ceearai Fayetteville City Limits RMFbR�,�amm�a„raerKee nk�eMwmooa senKea nnnl Trail (Proposed) - a -RMF;; �Reg�a,�aad�a�emalpa PLANNED ZONING DISTRICTS Planning Area 1♦USTRI Commercal lnUuslnal Rail nLal INDUSTRIAL INSTITUTIONAL Building Footprint — ryComm rcal ane LgM Intl lral «y xp,, Fayetteville City Limits RZN 16-5609 HAYS A& Close Up View NORTH 1 I e r J + I r r r � I V-} r r r r r ► r - R-O RSF-4 y i. Subject Property r I ADISON DR o z ItsF I U 0 O d H op U+ ARAPAHo DR m f1 R-A CASTON DR i1-------------------------- ------------------- i i i JEFFREY LN ; oASINGT0N pR i Legend Residential -Agricultural Planning Area RSF-1 Feet RSF-4 �- - - Fayetteville City Limits Residential -Office 0 145 290 580 870 1,160 x Trail (Proposed) iP-1 1 inch = 400 feet Building Footprint RZN 16-5609 MAYS Current Land Use NORTH AV may, Single Family y r � r' Subject Property Single FamilyK. , ,:Ill x o Single Family " i IL ,{ c � � '��* �' � !1� � �' ♦ � � � ,� ~r 'S ifs .146 ` . rF mt •r! G� +tom " S Ilk s St. Joseph Schoolq. ff '.1 40, �+��w:..,"R vF��; f •+k _�� _ � '�,..r �,.'+jr"�' may'; a 14.• L �It fj IIL13e' Legend Streams Street Streets Existing MSP Class MINORARTERIAL Feet PRINCIPAL ARTERIAL 1111 Trail (Proposed) 1 0 145 290 580 870 1,160 O RZN16-5609 C : I Planning Afea 1 Fayetteville City Limits 1;Ailk MiRMSTi�7 Future Land Use O� Ol\ �pJ�O OHEROKEE DR W, ca a m HAYS ♦♦ rr r♦ rr r' r r r r r rf rr r ' r ' r r ♦ ♦ r r � r r P ' Subject Property GR J M I 1 I 1 I 1 I I 1 ARAPAHO DR 1 1 1 1 JEFFREY LN NONTINGTON D 4 I 1 lei ■ CHADWICK OP. CASTON DR Legend FUTURE LAND USE 2030 Rural Area Planning Area Feet Residential Neighborhood Area Fayetteville City Limits City Neighborhood Area 0 145 290 580 870 1,1605 Civic and Private Open Space/Parks Trail (Proposed) Civic Institutional Building Footprint 1 inch = 400 feet f DEC 2 2 2016 CITYLERK'S OFFICE NOR THWEST ARKANSAS Democrat Vonette AFFIDAVIT OF PUBLICATION I Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County 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 5927 Was inserted in the Regular Edition on: December 15, 2016 Publication Charges: $ 71.50 K) eaL a-Z ar n Caler Subscribed and sworn to before me This ( (,,,day of NC , 2016. r II AA• V� Notary Public My Commission Expires:-Z of z,� Chi HY VgjL_ES Afl(^of15aS e �°rtOrl Co'"IM07 Notary Public - Cc,r,,},;> i39i i18 �Ay Commission E t , Fcb 20, 2024 **NOTE** . Please do not pay from Affidavit. Invoice will be sent. Ordinance:5927 File Number: 2016-0521 RZN 16-5609 (1764 N. STARR RD./HAYS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5609 FOR APPROXIMATELY 26.83 ACRES LOCATED AT 1764 NORTH STARR ROAD FROM RSF-I, RESIDENTIAL SINGLE FAMILY, 1 UNIT 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 I. 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-I, Residential Single Family, 1 Unit 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. PASSED and APPROVED on 12/6/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73962618 Dec. 15, 2016