HomeMy WebLinkAboutOrdinance 4508 ORDINANCE NO. 4508
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 03-25 .00 AS SUBMITTED BY MARVIN
AND DORA FREEMAN FOR PROPERTY LOCATED AT 2848 AND
2856 S . SCHOOI. AVENUE FROM RSF-4, RESIDENTIAL SINGLE
FAMILY, TO R-O, RESIDENTIAL OFFICE
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 RSF-4, Residential Single-Family, 4 Units Per Acre, to R-O, Residential
Office 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 the 19`h day of August, 2003 .
APPRQVED:
DAN COODY, Mayor
ATTEST:
SONDRA SMITH, City Clerk
FAYEff
Vcit
/ a
r / . y tOl! IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID : 008835850002 TvDe : REL
Recorded : 10/24/2oo3 at 09 : 15 : 35 AM
Fee Amt : $11 . 00 Pace 1 of 2
Mashlncton Countv . AR
Bette Stamos Circuit Clerk
F11e2003-00055996
EXHIBIT "A"
RZN 03-25. 00
1..OT NUMBERED ONE ( 1 ) IN BLOCK NUMBERED ONE ( 1 ) IN COUNTRY CLUB
A1 )1 )]TI ON TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS DESIGNATED UPON
THE RECORDED PLAT OF SAID ADDITION, EXCEPT FIFTY (50) FEET OF EQUAL
AND UNIFORM WIDTH OFF THE EAST SIDE OF SAID LOT, AND EXCEPT ALL,
THOSE PORTIONS CONTAINED IN THE RIGHT OF WAY OF ARKANSAS STATE
IIl(;HWAY 71 .
ALSO,
LOT NUMBERED TWO (2) IN BLOCK NUMBERED ONE ( 1 ) IN THE COUNTRY
CLUB ADDITION TO THE CITY OF FAYETTEVILLE, AS DESIGNATED UPON TI I E
RECORDED PLAT OF SAID ADDITION, EXCEPT FIFTY (50) FEET OF EQUAL AND
I INIFORM WIDTH OFF OF THE EAST SIDE OF SAID LOT.
Washington county , AR Bled on
1 certify this instrument was
1012412003 09 AM
and recorded in Reat state
eal E
File Number 20 Ci 000 cultC188k
Bette StamPs�
by
NAME OF FILE: Ordinance No. 4508
CROSS REFERENCE:
Item # Date Document
1 08/19/03 IStaff Review w/attachments:
draft ordinance
copy of Planning Commission minutes
copy of Planning Commission memo
copy of §161 .07
copy of §161 . 15
copy of Rezoning Written Statement
copy of photographs
copy of Close Up View
copy of One Mile View
copy of Future Land Use
2 09/11/03 Affidavit of Publication
NOTES :
10/24/2003 filed with the Washington County Circuit Clerk
RZN 03-25.00 (Freeman)
STAFF RIVIEW FORM - NON-FINANCIAL OVIGATION C. 4. Page 1
x AGENDA REQUEST
For the Fayetteville City Council Meeting of: August 19, 2003
FROM :
Dawn Warrick Planning CP&E
Name Division Department
ACTION REQUIRED : Ordinance Approval.
SUMMARY EXPLANATION :
RLN 03-25 .00 was submitted by Marvin and Dora Freeman for property located at 2848 and 2856 South
School Avenue (Lots 1 & 2, Block 1 in the Country Club Addition). The property is zoned RSF-4, Residential
Single-family, four units per acre. The request is to rezone the two lots to R-O, Residential Office.
STAFF RECOMMENDATION :
Staff recommended approval and on July 28, 2003 the Planning Commission voted 7-0-0 to recommend the
rezoning be approved by the City Council.
�lL�M . Received in Mayor's Office
Divlon Head 7DAte Date
City Attorney Date
8-1I_ o3 Cross Reference:
Department Director Date
A , I Previous Ord/Res4 :
Finance &&- Internal Services Dir. Date Orig. Contract Date:
:i Y' yal Orig. Contract Number:
Chie A6finmistrative Officer Date
New Item : Yes No
Mayor Date
RZN 03-25.00 (Freeman) • •
C. 4. Page 2
FAYETTEVILLE CC Meeting of August 19, 2003
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Dawn Warrick, AICP, Zoning & Development Administratokjw�
THRU: Tim Conklin, AICP, Community, Planning & Engineering Services Director
DATE: August 1 , 2003
RZN 03-25.00: Rezoning (Freeman, pp 678) was submitted by Marvin and Dora Freeman for
property located at 2848 and 2856 South School Avenue (Lots 1 & 2, Blockl in the Country
Club Addition). The property is zoned RSF-4, Residential Single-family, 4 units per acre. The
request is to rezone the two lots to R-O, Residential Office.
BACKGROUND:
Property description: The subject property is located at the southeast corner of S. School Ave.
and Peach Street, east of McBride Distributing Co. There are currently two single family homes
located on the property which are owned and occupied by the applicant. The site is located in an
area which is designated Community Commercial on the Future Land Use map. Surrounding
uses include primarily single family homes with the exception of the distribution operation to the
west, across S . School Ave. When improvements were made by the AHTD in the past, a
retaining wall was installed along the front of this property which causes problems with sight
distance at the intersection of Peach St. and S. School Ave. This, as well as the condition of
Peach St., which is very narrow and not built to current City standards, will have to be addressed
when the use of the property changes. At that time, a certificate of zoning compliance will be
required as will improvements to provide adequate parking and access for commercial site
development.
Proposal: The applicant would like to use the existing structures for small offices.
Request: The -request is to rezone the property from RSF-4 to R-O.
CURRENT STATUS:
On June 28, the Planning Commission voted 7-0-0 to forward this item to the City Council with
a recommendation for approval.
RECOMMENDATION:
Staff recommends approval of the requested rezoning.
K:Vieportr120031CC REPORMugust Meetrngsl7n03-25_ ieeman_m memo.doc
• . RZN 03-25.00 (Freeman)
C. 4. Page 3
ORDINANCE NO,
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 03-25 .00 AS SUBMITTED BY MARVIN & DORA FREEMAN
FOR PROPERTY LOCATED AT 2848 AND 2856 S. SCIIOOL AVENUE FROM
RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE, TO R-O,
RESIDENTIAL OFFICE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYF.TTEVILLF., ARKANSAS :
Section 1 : That the zone classification of the following described
property is hereby changed as follows:
From RSF-4, Residential Single-Family, 4 Units Per Acre, to R-O, Residential
Office 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 92003.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
Sondra Smith,. City Clerk
RZN 03-25.00 (Freeman) • •
C. 4. Page 4
EXHIBIT "A"
RZN 03-25,00
LOT NUMBERED ONE (1 ) IN BLOCK NUMBERED ONE (1 ) IN COUNTRY CLUB
ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS DESIGNATED UPON
THE RECORDED PLAT OF SAID ADDITION, EXCEPT FIFTY (50) FEET OF EQUAL
AND UNIFORM WIDTH OFF THE EAST SIDE OF SAID LOT, AND EXCEPT ALL
THOSE PORTIONS CONTAINED IN THE RIGHT OF WAY OF ARKANSAS STATE
HIGHWAY 71 ,
ALSO,
LOT NUMBERED TWO (2) IN BLOCK NUMBERED ONE (1 ) RUTHE COUNTRY
CLUB ADDITION TO THE CITY OF FAYETTEVILIE ASDESIGNAaTED UPON THE
RECORDED PLAT OF SAID ADDITION, EXCEPT FIFTY (50) FEET OFXEQUAL AND
UNIFORM WIDTH OFF OF THE EAST SIDE;OFp SAID DOT. .
*A4
WAR
i
2
YQ .. z
Zj
r
s`
MZVu 03-25.00 (Freeman)
C. 4. Page 5
Planning Commission
July 28, 2003
Page 15
RZN 03-25.00: Rezoning (Freeman, pp 678) was submitted by Marvin and Dora
Freeman for property located at 2848 and 2856 S . School Avenue (Lots 1 & 2 ,
Block in the Country Club Addition). The property is zoned RSF-4, Residential Single-
family, 4 units per acre. The request is to rezone the two lots to R-O, Residential Office.
Hoover: Item number five on the agenda is R7.N 03-25 .00 submitted by Marvin
and Dora Freeman for property at 2848 and 2856 S . School Avenue.
Warrick: The subject property is located at the southeast comer of S . School
Avenue and Peach Street. It is east of McBride Distributing Company.
There are currently two single-family homes located on the property
which are owned and occupied by the applicant. The site is located in an
area which is designated Community Commercial on the Future Land Use
Map. Surrounding uses included primarily single-family homes with the
exception of the distribution operation to the west across S. School
Avenue. When improvements were made by the Highway Department in
the past a retaining wall was installed along the front of this property
which causes problems with sight distance at the intersection of Peach
Street and S. School Avenue. This, as well as the condition of Peach
Street which is very narrow and not built to current city standards will
have to be addressed when the use of the property changes. At that time a
Certificate of Zoning Compliance will he required as will improvements to
provide adequate parking and access for commercial site development.
The applicant is proposing to utilize the existing structures for small
professional offices and the request is to rezone the property from RSP-4,
Residential Single-Family, four units per acre to R-O, Residential Office.
Staff is in support of this request. Findings that are consistent with this
request: With regard to the proposed zoning be consistent with land use
planning objectives and policies: The proposed zoning is consistent. This
area is designated to develop with community commercial uses and is
currently starting to transition into that type of configuration. Surrounding
uses include, as I mentioned before, single-family residential to industrial
and warehousing and also county facilities across S. School Avenue. The
proposed use of the site for offices is an acceptable transition between the
surrounding heavy commercial and residential uses. With regard to
whether the proposed zoning is justified and needed : The proposed
zoning is justified in that it is consistent with the city' s adopted future land
use policy. The use of the site for offices is appropriate and would cause
less impact or traffic conflict than a higher commercial designation. With
regard to creating or appreciably increasing traffic danger or congestion :
Staff finds that with improvements to sight distance conditions parking
and access to the site at the time of development, the proposed zoning
would not create or appreciably increase traffic danger and congestion.
With regard to whether the proposed zoning would alter population
density: The proposed change in zoning would not alter population
RZN 03-25.00 (Freeman)
C. 4. Page 6 0
ommission • •
- July 28, 2003
Page 16
density in a manner which would undesirably increase the load on public
services. This particular site is currently utilized for single-family
residential uses. The Residential Office zoning district would permit
professional offices or if it were to redevelop with residential uses
duplexes would be the maximum density that could be established on the
site. With those findings staff is recommending in favor of this request. I
would be happy to answer any questions.
Hoover: Thank you. Would the applicant come forward please? Is there anything
you would like to add to the presentation?
Freeman, D. : Just that we have lived there 25 years and we have seen a lot of changes in
the highway and the land development and we just feel like there should
be a change in our property. We have maintained them well as residential
properties and we just feel like with the changes that are going around we
should have our land rezoned accordingly. Thank you very much.
Hoover: I would like to open it up to public comment. Is there anyone that would
like to address this RZN 03-25 .00 on S. School Avenue? Seeing none, I
will bring it back to the Commission.
MOTION:
Allen: From driving by and looking at this property and from reading the
comments of staff I think this is an appropriate rezoning and with that I
move for RZN 03-25 .00.
Hoover: We have a motion by Commissioner Allen, is there a second?
Shackelford: I will second.
Hoover: A second by Commissioner Shackelford, is there more discussion? Seeing
none, would you call the roll Renee?
Roll Call: Upon the completion of roll call the motion to forward RZN 03 -25.00 was
approved by a vote of 7-0-0.
Thomas: The motion carries seven to zero.
RZN 03-25.00 (Freeman)
• • C. 4. Page 7
FAYETTEVILLE PC Meeting of July 28, 2003
THE CITY OF FAYET ENILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM : Dawn Warrick, AICP, Zoning & Development Administrator
THRU : 'rim Conklin, AICP, Community, Planning & Engineering Services Director
DATE : July 23 2003
RZN 03-25.00: Rezoning (Freeman, pp 678) was submitted by Marvin and Dora Freeman for
property located at 2848 and 2856 South School Avenue (Lots 1 & 2, Block 1 in the Country
Club Addition). The property is zoned RSF-4, Residential Single-family, 4 units per acre. The
request is to rezone the two lots to R-O, Residential Office.
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. .lulu 28, 2003
CITY COUNCIL ACTION : Required YES
O Approved O Denied
Date: August 19 2003 (1 " reading if recommended)
Comments:
BACKGROUND:
Properry description: The subject property is located at the southeast comer of S. School Ave.
and Peach Street, east of McBride Distributing Co. There are currently two single family homes
located on the property which are owned and occupied by the applicant. The site is located in an
area which is designated Community Commercial on the Future Land Use map. Surrounding
A IRP.POR7.5"110031PCRF.'PORM07-18VtZN03-25 FREEMAN.DOC
RZN 03-25.00 (Freeman) • •
C. 4. Page H
uses include primarily single family homes with the exception of the distribution operation to the
west, across S. School Ave. When improvements were made by the AHTD in the past, a
retaining wall was installed along the front of this property which causes problems with sight
distance at the intersection of Peach St. and S. School Ave. This, as well as the condition of
Peach St., which is very narrow and not built to current City standards, will have to be addressed
when the use of the property changes. At that time, a certificate of zoning compliance will be
required as will improvements to provide adequate parking and access for commercial site
development.
Proposal: The applicant would like to use the existing structures for small offices.
Request: The request is to rezone the property from RSF-4 to R-O.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Single family residential RSF-4, Residential single family 4 units/acre
South Single family residential RSF-4, Residential single family 4 units/acre
East Single family residential RSF4, Residential single family 4 units/acre
West Warehousing & distribution 1- 1 , Heavy Commercial and Light Industrial
INFRASTRUCTURE:
Access to this site is from S. School Street (Hwy 71 B) with a circle drive (two curb cuts) for a
shared driveway for the two structures. The site adjoins Peach Street to the north. S. School St.
is classified a principal arterial and constructed to a file lane section in this location. Peach
Street is classified as a local street however it does not comply with current street construction
standards. It is a very narrow asphalt street with open ditches on each side.
Water and sewer are both available and serve the existing development on the site with a 12"
water and a 6" sewer line, both located along S . School St.
LAND USE PLAN: General Plan 2020 designates this site Community Commercial. Rezoning
this property to R-O, Residential Office is consistent with the land use plan and compatible with
surrounding land uses in the area.
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 proposed zoning is consistent with land use planning objectives and with
policies and plans adopted by the City. This area is designated to develop
with community commercial uses and is currently starting to transition into
K:V?EPOR=003NC REPORM07-28VtZN03-25_FREEAMN.DOC