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Home My WebLink AboutOrdinance 4347 ' LEO FOR RECORD ' dkOU 20 PM 3 37 WASHihu , ,, , + ORDINANCE NO. 4347 B. STAMPS AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 01 -20.00 FOR A PARCEL CONTAINING APPROXIMATELY 0. 16 ACRES FOR PROPERTY LOCATED AT 302 S. GREGG ST., FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY COLLEEN M. PANCAKE 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 1- 1 , Heavy Commercial/Light Industrial to R-S, Residential Small Lot as shown 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. ED AND APPROVED this 6th day of November, 2001 . •� r fn APPROVED: J By: < DAN COODY, Mayor O. M � CO�'� ATTEST: By: H ather Woodruff, City C r 2001149126 NAME OF FILE: Ordinance No. 4347 CROSS REFERENCE: 11 /06/01 Ordinance No. 4347 Exhibit "A" (legal description for RZN 01 -20.00) 10/18/01 Planning Division Correspondence to Mayor Coody & Fay. City Council, from Tim Conklin, City Planner, thru Hugh Earnest, Urban Dev. Director 10/08/01 Planning Division Correspondence to Fay. Planning Commission from Dawn Warrick, Senior Planner, thru Tim Conklin, City Planner 10/08/01 Planning Commission Minutes (Page 9) 11/06/01 Staff Review Form 11/16/01 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City Clerk NOTES : ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 01 .20.00 FOR A PARCEL CONTAINING APPROXIMATELY 0. 16 ACRES FOR PROPERTY LOCATED AT 302 S. GREGG ST., FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY COLLEEN M. PANCAKE, 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 I- 1 , Heavy Commercial/Light Industrial to R-S, Residential Small Lot as shown 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 day of , 2001. APPROVED: By: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk ORDINANCE 4347 Ex • • R EXHIBIT "A" ORIGINA RZN 01 .20.00 A PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION SIXTEEN ( 16) IN TOWNSHIP SIXTEEN ( 16) NORTH OF RANGE THIRTY (30) WEST OF 5th P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT, AND RUNNING THENCE WEST 8 RODS, THENCE SOUTH 50 FEET, THENCE EAST 8 RODS, THENCE NORTH 50 FEET TO THE POINT OF BEGINNING, ALL LOCATED IN THE CITY OF FAYETTEVILLE, ARKANSAS. 2001149127 WON ecorder I, Bette Stamps, Circuit Clerk and Ex-officio R for Washington County, Arkansas, do hereby certify that this instrument was filed for record in my office as indicated hereon and the same is now duly recorded with the acknowledgement and certificate in Record Book anthereon tl Page as indicated thereon. IN WITNESS hand and atfaed the sealof said'Court onI hi-11 ethe treunto o intlY sated hereo Be 5 amp Or I and EX-Officio Recorder b EXHIBIT "A" RZN O1 -20.00 A PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION SIXTEEN ( 16) IN TOWNSHIP SIXTEEN ( 16) NORTH OFRANGE THIRTY (30) WEST OF 5th P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT, AND RUNNING THENCE WEST 8 RODS, THENCE SOUTH 50 FEET, THENCE EAST 8 RODS, THENCE NORTH 50 FEET TO THE POINT OF BEGINNING, ALL LOCATED IN THE CITY OF FAYET rEVILLE, ARKANSAS. P FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM: Tim Conklin, A.I.C.P., City Planner THRU: Hugh Earnest, Urban Development Director DATE: October 18, 2001 BACKGROUND RZN 01 -20.00: Rezoning was submitted by Colleen M. Pancake for property located at 302 S. Gregg Street. The property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 0. 16 acres. The request is to rezone to R-S, Residential Small Lot. This application is being processed by the City of Fayetteville on behalf of Ms. Pancake, the property owner. The subject property is developed with one single family home and is currently zoned I- 1 , Heavy Commercial / Light Industrial. The zoning of the property causes the use to be nonconforming even though the site has existed with a residential for many years and surrounding properties are in the same condition. Most of the properties in this area contain small single family residences. The owner has worked with the City's Community Development Division to obtain CDBG (Community Development Block Grant) money in order to perform needed repairs which will bring the structure into compliance with building code regulations. A City Inspector has looked at the structure and has stated that it is basically sound. As long as zoning is made compliant, a permit could be issued for the needed improvements / repairs. If City Council approves this zoning request, the Board of Adjustment will still need to hear a variance request for the front and north sides of the building (the structure does not comply with setback requirements for a residential property). CURRENTSTATUS Staff recommended approval and the Planning Commission voted 8-0-0 to recommend approval to the City Council. RECOMMENDATION Staff recommends approval of the requested rezoning. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dawn T. Warrick, Senior Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: October 8, 2001 RZN 01-20.00: Rezoning (Pancake, pp 522) was submitted by Colleen M. Pancake for property located at 302 S. Gregg Street. The property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 0. 16 acres. The request is to rezone to R-S, Residential Small Lot. RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report. PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: October•8,.2001 CITY COUNCIL ACTION: Required - YES ' 0 Approved O .Denied Date: Novembera6; 2001 _(A1" reading) Comments: H:1 USERSICOMMONOA WN7IREPOR73IPC110-8-0IIPANCAKE.DOC 0 BACKGROUND: This application is being processed by the City of Fayetteville on behalf of Ms. Pancake, the property owner. The subject property is developed with one single family home and is currently zoned I- 1 , Heavy Commercial / Light Industrial. The zoning of the property causes the use to be nonconforming even though the site has existed with a residential for many years and surrounding properties are in the same condition. Most of the properties in this area contain small single family residences. The owner has worked with the City' s Community Development Division to obtain CDBG (Community Development Block Grant) money in order to perform needed repairs which will bring the structure into compliance with building code regulations. A City Inspector has looked at the structure and has stated that it is basically sound. As long as zoning is made compliant, a permit could be issued for the needed improvements / repairs. If City Council approves this zoning request, the Board of Adjustment will still need to hear a variance request for the front and north sides of the building (the structure does not comply with setback requirements for a residential property). SURROUNDING LAND USE AND ZONING North: Residential, I- 1 South: Residential, I- 1 East: Residential, I-1 West: Residential, I- 1 INFRASTRUCTURE: This property is located on South Gregg Ave. between Center St. and University Ave. Gregg Ave. in this location is fairly narrow with no sidewalks. The street serves the adjacent residential areas, however, it would be absolutely inadequate to serve industrial development in this area. Railroad tracks are located immediately behind the subject property and also to the west between Gregg Ave. and University Ave. Water and sewer are both available and currently serve this site. LAND USE PLAN: General Plan 2020 designates this site Mixed Use. Rezoning this property to RS, Residential Small Lot is consistent with the land use plan and compatible with surrounding land uses in the area. H:1 USERSICOMMOMDA WN71 REPOMI PC110A-01I PANCAKE DOC 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: RS zoning is consistent with the Future Land Use Plan and reflects the current use of the site. 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 in that it brings the property into compliance with the City's adopted General Plan. This zoning is compatible with adjacent uses. A rezoning in this location is necessary for substantial repairs and improvements to be made to the existing nonconforming structure. 3 . A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will not create or appreciable increase traffic danger and 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 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 N:1 USERSICOMMOAWAWNnPEPOR7nPCIIO-8-0IIPANCAKE.DOC §161.11 DISTRICT RS RESIDENTIAL By Right Conditional SMALL LOT. Use A. Purpose. The Residential Small and/or 15% of the Lot District is designed to permit and ' Townhouse Lots, encourage the development of detached Maximum dwellings in suitable environments. D. Bulk and Area Regulations. B. Uses. Single- Duplex Town- Family house/ 1. Permitted Uses. no more Unit 1 City-Wide Uses by Right than 2 units . Unit 26 Single-Family Dwellings attached 2. Uses Permissible on Lot Width 60 ft. 60 ft. 30 ft. Appeal to the Planning Commission. Minimum Unit 2 City-Wide Uses by Lot Area 69000 6,000 3,000 Conditional Use Permit Minimum sq. ft. sq. ft. sq. ft. Unit 3 Public Protection and Utility Facilities Land Area 6,000 3,000 3,000 Per sq. ft. sq. ft. sq. ft. Unit 4 Cultural and Recreational Dwelling Facilities Unit Unit 8 Single-Family, Two- Family, and Townhouse E. Yard Requirements (feet). Dwellings FRONT SIDE REAR YARD YARD YARD C. Density. 25 08 20 By Right Conditional Cross Reference: Variance, Chapter 156. Use F. Building Area. The area occupied Single- 7 or Less 8.5 by all buildings shall not exceed 50% of the Family total lot area. Dwelling Units Per G. Height Regulations. Acre Building Height 30 ft. Duplex I Option: Maximum H.I USERSICOMMONIDA WN71REPORTSIPCII0-8-0!IPANCAKE.DOC RZN01-20.00 PANCAKE Future Landuse � . . . . . . . . . . . . . . . . . . . . : . . . . . . : : : : _ . . . . . . : : : : : . . . . . . . . : : _ _. . . . . . . . . . . . . . . . . _ _ _ _ _ _ . . . . . . . . . . . . . . >: : : : . . . _ . . _ . . . . . . . . . Mixed Use . . . . . . . . . . . . . . . . . . . . : : : : : : _ _ _ _ 0M/xetl Use : . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UHN 85R{-AVE : . . . . . . . . Future Landuse . . . . Parks . . . . . . . . . . . . . . . . . . . . . . Private Open Space Res ntial . . . . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Use - Mixese, _ . . . . . . . . . . _ _ _ . . . . . . . . . Mixed . . . . . . . . . . . . . . . . . . . . . . _ _ tl U . . . . . . . . . . ice Historic Commercial Community Commercial Neighborhood Commercial : . . . . . . : . . . - . . . . . . . : : Regional Commercial Industrial : . : . . : . : : : : : : : . : : : : :. . : University Overview Legend Subject Property Streets Boundary _ . RZ1,101-20.00 Existing �'�� Planning Area i Planned 0 000 8 Overlay District � ^ . OC o00 tJ L _ 1 City Limits 0 25 50 100 150 200 Fast