HomeMy WebLinkAboutOrdinance 4147 ORDINANCE NO-4a AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ99-6 FOR A PARCEL CONTAINING APPROXIMATELY .53 ACRES LOCATED AT 1142 FUTRALL DRIVE REQUESTED BY JOHN P. MARINONI. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the zone classification of the following described property is hereby changed as follows: From R- 1 , Low Density Residential, to R-O, Residential Office, for the real property described in Exhibit "A" attached hereto and made a part hereof. Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED AND APPROVED this 23'd day of March 1999. APPROVED: By: ry Fre Hanna, Mayor ATTEST: By: //�,- e Heather Woodruff, City CI rI prd 4147 EXHIBIT "A" LEGAL DESCRIPTION FOR RZ99-6 A PART OF THE SOUTH HALF (S1/2) OF THE SOUTHWEST QUARTER (SWI /4) OF THE NORTHEAST QUARTER (NE1/4) OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 349 FEET NORTH OF THE SE CORNER OF SAID 40 ACRE TRACT, AND RUNNING THENCE NORTH 100 FEET; THENCE WEST 234 FEET; THENCE SOUTH 100 FEET; THENCE EAST 234 FEET TO THE POINT OF BEGINNING, CONTAINING 0.53 ACRES MORE OR LESS. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Janet Johns, Planning Secretary From: Heather Woodruff, City Clerk Date: March 31 , 1999 Attached is a copy of the ordinance approving RZ 99-6 for your files. The original will be file marked at the county and will be microfilmed and filed with the city clerk. cc. Ed Connell, Engineering Clyde Randall, Drafting John Goddard, Data Processing MICROIRTLMED STATE OF ARKANSAS APR 2 0 1999 County of Washington SS. riA(UTF .VEP) I, JEFF JEFFUS, hereby certify that I am the publlsher'of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, ORDINANCE NO. 4147 published at a fixed place of business and at fixed (daily) intervals AN ORDINANCE REZONING continuous) In the Ci of Fayetteville, County of Washington, Arkansas for THAT PROPERTY DESCRI- Y City Y tY g BED IN REZONING PETITION more than a period Of twelve months, circulated and distributed from an RZ99-6 FOR A PARCEL CON- TAINING APPROXIMATELYestablished place Of business to subscribers and readers generally Of all .53 ACRES LOCATED AT classes in the City and County for a definite price for each copy, or a fixed 42 11FUTRALL DRIVE RE- D BY JOHN P. - price per annum, which price was fixed at what is considered the value of the 1142 F NONI publication, based upon the news value and service value it contains, that at BE IT ORDAINED BY THE least fifty percent of the subscribers thereto have paid for their subscriptions CITY COUNCIL OF THE CITY a OF FAYETTEVILLE. ARKAN- I to the newspaper or its agents or through recognized news dealers over a SAS: period of at least six months and that the said newspaper publishes an Section 1 . That the :ora clan- , average of more than forty percent news matter. sification of the follov ing descri- bed property is hereby changed as follows: I furthe certify that the legal notice att'a/ched�in/ the matter of From R-1 , Low Density Resi- dential, �h& A.LI / t J // � / / dentist, to RLo Residential si- ' 1111...!111 LLLL '��// fico, for the real property de- scnbed in Exhibit 'A" attached hereto and made a pan hereof, was published in the regular daily issue of said newspaper for Section 2. That the official zon. Consecutive Insertions as follows: ing map of the City of Fayette- ville, Arkansas, is hereby , a ( v/ change provided in Section 1 The first insertion on mended to reflect the zoning the day of 19 — above. PASSED AND APPROVED the second insertion on the day of 19 this 23rd day of March, 1999. the third insertion on the day of 19 — APPROVED: the fourth insertion on the ay of By: Fred Hanna, Mayor n ' ATTEST. Iisher/General Manager By: Heather Woodruff, City Clerk Sworn to and subscribed ore me on this day of EXHIBIT OA" r !!! !! !! !! 1 !! LEGAL DESCRIPTION FOR RZ99-6 r 4vula�' �+btic '' - . State to Public HA PART OF THE SOUTH ALF (St/2) OFT E SOUTH- �(MY Comm sion+OnCoonty ry WEST QUARTER (SWI/4) OF My Commission Expires: «c««ccs THE NORTHEAST QUARTER 10.4 / (NE1/4) OF SECTION 7, t��� TOWNSHIP 16 NORTH , o�I OQ RANGE 30 WEST, DESCRI- Fees for Printin BED AS FOLLOWS: BEGIN- g.......................................................$ NING AT A POINT 349 FEET NORTH OF THE SE CORNER OF SAID 40 ACRE TRACT, Cost of Proof.............................................................$ AND RUNNING THENCE NORTH FEET; THENCE l/-.CYJI WEST 23434 FEET: THENCE' Total..........................................................................$ SOUTH 100 FEET; THENCEI EAST 234 FEET TO THE POINT OF BEGINNING, CON- TAINING 0.53 ACRES MORE OR LESS. RZ 99-6 C.8.1 STAFF REVIEW FORM Gg�p VIN 7 X Agenda Request = Contract Review MICROFIL MED Grant Review For the Fayetteville City Council meeting of March 23 , 1999 FROM : Alett Little Planning Public Works Name Division Department -` ACTION REQUESTED : To approve RZ99- 6 submitted by John P . Marinoni for property located at 1142 Futrell Drive . The property is zoned R-1 , Low Density Residential'; and contains approximately 0 . 54 acres . The request is to rezone the property to R-O , Residential Office . COST TO CITY : Cost of this request Category/ Project Budget Category/ Project Name Account Number Funds used to date Program Name Project Number Remaining balance Fund BUDGET REVIEW : Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY : A counting M ager Date ADA Coordinator Date 4 Ci y Attorney Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommends approval and the Planning Commission recommended to City Council that the rezoning be approved with a unanimous vote of 8 - 0- 0 . Commissioner Forney was not present . 3 - Ja -!T� Cross Reference D ision He Date .3-x. 49 D r . tgec New Item : Yes No A in ' tratces Date Prev Ord/Res# : Dir, or 3/ I Mayjbt Date Orig Contract Date : RZ 99-6 1 C.8,2 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113W. Mountain St. Fayetteville, AR 72701 Telephone: (501 ) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission Members TIIRU: Alett S. Little, City Planner FROM: Brent Vinson, Associate Planner DATE: March 8, 1999 RZ 99-6.00: Rezoning (Marinoni, pp 402) was submitted by John P. Marinoni for property located at 1142 Futrall Drive. The property is zoned R- 1 , Low Density Residential, and contains approximately 0.54 acres. The request is to rezone the property to R-O, Residential Office. RECOMMENDED MOTION: Staff recommends the requested rezoning from R-1 to R-O. The applicant is advised that the following are required to bring the property into compliance with current city ordinances: 1) Curb and gutter shall be added to the east side of Futrall Drive along the full length of the applicant's property 2) Screening shall be provided along the north property line as coordinated with the Landscape Administrator 3) The exterior of the existing building, the drive and parking area, and any signage shall meet city design standards. PLANNING COMMISSION ACTION: YES Required Approved Denied Date: March 8, 1999 Comments: CITY COUNCIL ACTION: YES Required Approved Denied Date: / / RZ 99-6 C,8.3 BACKGROUND : The applicant requests to rezone a tract of land from R- 1 (Single Family Residential) to R-O (Residential Office). The applicant plans to use the existing concrete building on the property as an office/shop building. The current structure was previously used as a cabinet shop and is not residential in character. The facility is to be the new office site for Marinoni Construction Company. The current site is in Springdale. The neighbor of the existing facility, Tommy Williams, owned and worked in the shop which he built in the late 1960's. In 1969, a lot split was created separating the parent tract into two tracts, one with Mr. William's residence, and the other with the cabinet shop. The applicant recently bought the property to construct an office facility at the existing cabinet shop. According to the applicant, the cabinet shop has been in continuous operation since the 1960's and was "overlooked" when the property was zoned residential in the 1980's. The building is currently under construction. The windows are covered with plastic and utilities have been dug up and replaced in the front yard. The applicant has replaced the electric utility to the building and has also redone the plumbing. New support wall frames have been constructed inside and most windows have been replaced. A "johnny-on-the-spot" portable restroom is being used just outside the building. The existing driveway is gravel and a sign "Cabinet Shop" exists on the facade of the building. The applicant does not plan to complete construction to the facility until properly rezoned. The applicant plans to brick the exterior of the front of the building and to pave a circular drive and parking area at the side of the building. A landscaped area will be provided in front of the building. The applicant also plans to add screening between the facility and Mr.Williams' s property to the north. The applicant states that office will have three employees. The facility will include a waiting room, file room, computer room, copy room, two offices, and a break room. There will be a trim shop in the back part of the facility. The applicant does not plan to allow work trucks to be parked overnight at the office facility. The only traffic generation to the facility would be an occasional subcontractor stopping by to get prints or a superintendent coming by for a meeting. The loading dock and screened dumpster to Hank' s Fine Furniture store is directly across the street from the building. A lawn area exists between the facility and apartments to the east with several semi-mature trees, brush, and bamboo. The backyard area may be used for some storage of materials. Most of the product storage currently exists at the Marinoni Farm close by. The property is presently being used for parking by the applicant' s employees while they work on a project at the University of Arkansas. There is a barbed wire fence within a few feet of the south side of the building along the property line. There is a maintenance shed at the edge of the fence on the southern neighbor' s property. Futrall Drive is an approximately 22' wide dead end asphalt road with a curb on the west side. There is a manhole at the southeast corner of the property. A fire hydrant is located across the street to the south a few feet away. r r 1 � x� ,'�* - I �` af'/f�'•"� NOW, t LAY t I i a*TY ti. A�: fi �� O . yr Lie r � � � k ` 1 � 4 � •�� 01, �.j,�"i�',Tw.-. Z �a'� .�_y�.•i Nay 4 � � S . . RZ 99-6 C.8,5 ADJACENT LAND USE AND ZONING: North: A grassy lot zoned R-2 (Medium Density Residential) and Highway 71 bypass are to the north. There is an easement for an extension of Futrall Drive. Some duplexes exist north of the vacant lot. South: A single family residence and Karstetter Body and Glass Shop zoned R- 1 (Single Family Residential) exist to the south. East: The back of the Brook Allison Apartments zoned R-2 (Medium Density Residential), the Scholars Inn Apartments, and a mobile home park exist to the east and northeast of these apartments. West: Hank' s Fine Furniture store zoned C- 1 (Neighborhood Commercial) is to the west. INFRASTRUCTURE,: Streets: Futrall Drive is a Residential roadway with a 40' right of way. The street is not shown on the Master Street Plan. Future connections will be addressed as development occurs. Wedington Drive is a Principal Arterial with 110' of right of way. Water: A 24" waterline exists along Wedington Drive. Sewer: An 8" sewer line exists to the east of the property. LAND USE PLAN: General Plan 2020 shows this area as Residential. RZ 99-6 C.8.6 RZ 99.00-6.00 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. Finding: The Land Use Plan shows this area as residential, therefore a zone of Residential-Office is moderately consistent with the plan. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is justified at this time to meet the goals of General Plan 2020 for infill development. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Based on statements of the applicant, the proposed zoning should not increase population or appreciably increase traffic danger or congestion. 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: The proposed zoning will not alter the population density. 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 RZ 99-6 C.8.7 _ RZ99 . 00 - 6 . 00 - Mannoni - Close Up R- 1 C (D E W m w R-2 Z R-2 R-1 2 R- 1 O O 234' o (.54 acres) o R- 1 0 J J 234 R-2 D C-1 w R-1 0 R-1 z w w . ❑ R-1 R-1 j.� 100 0 100 Feet E S RZ 99-6 CA8 RZ99 . 00-6 . 00 - Mannoni - One Mile Radius ADOVE -1 O R-1 R-1 AA w A-1 1 A-1 ' a 1 R1 O 1 - ' MOUNT COMFORT Zu 1 P-1 R- 1 � R-7 1 w 1-1 University ' 1 of 1 ti 1 Arkansas FAIR� R-7.5 R-2 ry ' Expermental Farm FAK WOODRIDGE R ' Property 1 R 1 ?i0O 1-1 A-7 1 1 BUCKEYE ®® P SV NARVARD b 1 R-2 O ' a7 YALE 1 Q O R-2 1 PRINCETON y� 1 TNUR HART w R_0 O P-1 1 CORNELL x R-1 1 R-2 VASSAR m -1.5 E R-1 P-7 p-1 F ' SR ALE 1- R-2 R-2 h O - - O © R-1 — — � R-7 -1 w G2 HATFIELD R-1 0 G R-1 V ]Rj R 1R"1 OR.1 O w R-1 -S R.1 WEDINGTON _ Z R C-2 �u 0 R O R-2 Q U O R_1 R-1 m R-1 R-1 y G2 ERRYy R O R-2 Fe ¢ w 3 m m R-1 i w m C-2 Uw K R1 w O LL R-1 O Rd A-1 m O R-1 R-1 a WA a R-7 ¢ R-1 um z U 2 t P 2 $U PRATT R-1 R.p O / O 1400 0 1400 Feet N E S