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
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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
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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
• • RZN 03-25.00 (Freeman)
C. 4. Page 9
that type of configuration. Surrounding uses include everything from single
family residences to industrial warehousing to county facilities. The
proposed use of this site for offices is an acceptable transition between the
surrounding heavy commercial and residential uses.
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 is consistent with the City's
adopted future land use policy. The use of this site for offices is appropriate
and would cause less impact or traffic conflict than a higher commercial
designation.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: 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.
Engineering - Existing driveways on School Avenue appear to have a sight distance
problem caused by concrete retaining walls. This issue should be corrected, if
property is rezoned.
Police - It is the opinion of the Fayetteville Police Department that this rezoning will
not substantially increase traffic congestion in the area.
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 in a manner which
would undesirably increase the load on public services. Utilities are available
and currently serve the existing houses on this property.
Engineering - The property currently has access to a 12" water line along School
Avenue. This line should be sufficient to provide water service to the existing
facility as well as redevelopment of the site.
Sewer service is located along School Avenue as well. The 6" main should be
sufficient to provide sewer service to the existing facility as well as
redevelopment of the site.
If development occurs on this site, Peach St would need to be improved to a
K. tREPuRISI2003WC REPQR7S107-281RZN03-2S FREEMAN.DOC
RZN 03-25.00 (Freeman) • •
C.4. Page 10
minimum of 14' from centerline including pavement, curb and gutter, storm
drains and sidewalk.
Sight distance on School Ave. appears to be a problem for the current location
of the driveway and the retaining wall along the right of way.
Fire — The property is served from Fire Station #1 which is approximately 2 miles away
with a response time (actual drive time) of 2 minutes 54 seconds. There are
existing fire hydrants located on S. School Ave. to serve the site. Constraints to
service include the narrow side street (Peach St.).
Police - It is the opinion of the Fayetteville Police Department that this rezoning will
not substantially alter the population density and thereby undesirably increase
the load on police services.
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
K: REPOR7SU0O3\PC REPOR7SI07-18VRZN03-15_FREEMAN.DOC
• • RZN 03-25.00 (Freeman)
C. 4. Page 11
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 dwelling
(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 9
Two-family dwellings
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Two-family
dwellings
Single-family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and area regulations.
Two-family
dwellings
Single-family
dwellings
Lot minimum width
70 ft
80 ft.
Lot area minimum
8.000 sq. ft.
12000 sq. ft.
Land area per
dwellin unit
8,000 sq. ft.
6000 sq. ft.
(E) Setback requirements.
Front
Side
Rear
25f1
Bit.
20 ft.
(F) Height. None.
(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 (F_r.
A), 6 -J6 -9X: Did. No.
4178.
8-3l-')9)
K: REPOR7S12003 PC REPORTS107-28RZN03-25_FREEMAN DOC
RZN 03-25.00 (Freeman) •
C. 4. Page 12
•
161.15 District R -O, Residential Office
(A) Purpose. The Residential -Office District is
designed primarily to provide area for offices
without limitation to the nature or size of the
office, together with community facilities,
restaurants and compatible residential uses.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
• Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 11
Manufactured home park
Unit 12
Offices, studios and related services
Unit 25
Professional offices
(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 13
Eating laces
Unit 24
Home occupations
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities
(C) Bulk and area regulations.
(Per dwelling unit for residential structures)
(1) Lot width minimum.
Manufactured home park
100 ft.
Lot within a manufactured home
park
50 ft.
Single-family
60 ft.
Two-family
60 ft.
Three or more
90 ft.
(2) Lot area minimum.
3 acres
Manufactured home park
Lot within a manufactured home
park
4,200 sq.
ft.
Townhouses:
Development
Individual lot
10,000 sq. ft.
2,500 sq. ft.
Single-family
6,000 sq.
ft.
Two-family
6,500 sq.
ft.
Three or more
8,000 sq.
ft.
Fraternity or Sorority
1 acre
K:IREPORT5120031PC REPORTSI o7-28VRZN03-25_FREEMAN.DOC
(3) Land area per dwelling unit.
Manufactured home
3,000 sq.
ft.
Townhouses & apartments:
No bedroom
One bedroom
Two or more bedrooms
1,000 sq.
1,000 sq.
1,200 sq.
ft.
ft.
ft.
Fraternity or Sorority
500 sq. ft.
per resident
(D) Density.
Units peracre I 4 to 24 II
(E) Setback regulations.
Front -
30 ft.
Front, if parking is allowed between the right-
of -way and the building
50 ft.
Side
10 ft.
Side, when contiguous to a residential district
15 ft.
Rear, without easement or alley
25 ft.
Rear, from center line of public alley
10 ft.
(F) Height regulations. There shall be no maximum
height limits in R -O Districts, provided, however,
that any building which exceeds the height of 20
feet shall be set back with any boundary line of any
RSF or RMF District an additional distance of one
foot for each foot of height in excess of 20 feet.
(G) Building area. On any lot, the area occupied by all
buildings shall not exceed 60% of the total area of
such lot.
(Code No. 1965, App. A., Art 5(x); Ord. No. 2414,2-7-78; Ord. No.
2603,2-19-80: Ord. No. 2621, 4-1-80; Ord. No. 1747,6-29-70; Code
1991, §160.041; Ord. No. 4100, §2 (Ex. A), 6.16.98; Ord. No. 4178,
8-31-99)
•
• RZN 03-25.00 (Freeman)
C. 4. Page 13
- ,nna
_l.
REZONING WRITTEN STATEMENT
Item #5 Application
We, Marvin E. and Dora L. Freeman, have full ownership of the following two pro-
perties and are requesting rezoning from the Planning Commission.
Country Club Addition .......Block One
2848 South School Avenue Lot 1 Parcel No. 765-04074-000
2856 South School Avenue Lot 2 Parcel No. 765-04076-000
We are requesting rezoning for several reasons. Dora is an experienced Income Tax
Accountant and certified notary public. She would like to have an office at one of the property
for her business and rent office space to other service type businesses. We have been
approached by interested parties (i.e. Bail Bonding) regarding the rental of our properties for
offices. The properties are adjacent and a circle drive is used by both properties. Lot One has
a driveway in the back off of Peach Street. The properties are located on Business Highway 71
South (South School Avenue) across from McBride Distribution Warehouse.
There is ample parking space at both properties. Traffic flow should not change due to
scheduled appointments, sufficient parking, and the circle drive shared by both properties. The
land appearance should not change even though signs will probably be placed on the buildings.
The buildings do not set close to the Highway and are on a hill.
Water and sewer services are available at both properties. Due to nature of the offices being
service type businesses, the present utilities should be sufficient and comparable for the future.
Thank you for your attention to this matter.
arvin E. Freeman
Dora L. Freeman
Signed on a , -ob 3
Mailing Address:
P. O. Box 2985
Fayetteville, AR 72702
RZN 03-25.00 (Freeman) • •
C. 4. Page 14
REZONING WRITTEN STATEMENT
Item #5 Application
Information regarding properties ADJACENT to the requested zoning properties ....
05785 Kenneth E. and Olive Baley
House has been vacant for several years. It was condemned by the city in
1987. The property is across from us (North) on Peach Street.
04077 Melissa Pilgrim
There is no house located on this Lot (3). The house is located
on Lot 5 and their driveway is off Lester Street.
04075 Steve E. Winkler
This is a rental
property. The
property
was bought and developed
to produce income for the owners. Lot
is very small.
04080. Frances E. Shirley
This property has no utilities and has not been developed by the
owners. There are no homes on any of these wooded lots going up
the hill (East) behind our two properties.
15385 Robert O. McBride
This property was not developed until it was purchased by Robert
McBride on 9/16/92. This property (McBride Distributing Company)
is across from us (West) on Business Highway 71 South.
04094 This property is on the corner of Lester Street going South on Business
Highway 71 South (South School Avenue).
04095 This adjacent property is very junky. The owners do not maintain this
property or the wooded lot located next to the property. *******
Going SOUTH on Business Highway 71 South (South School Avenue)
There is a car lot named Buckeye Motor Company.....a vacant lot.....
Cherry Street. There is the White Star Tavern .....a house. ...a vacant lot...
a vacant car lot .....Skelton Street......a liquor store!!!!
Going NORTH on Business Highway 71 South (South School Avenue)
There is a house.....a house .....a small building.....a warehouse.....
a warehouse for rent.....AMO Electric.... Jim's Garage .....26th Street
There is a big vacant lot....... McKinney Insurance Agency..... 24th Street.
There are undeveloped wooded lots behind our houses and across the highway
is McBride Distributing Company and TYSON. The county is building a jail
adjacent to the juvenile detention center behind McBride Distributing Company.
Tri-County Hazardous Waste and the County warehouse is also located in this
?' 1~ O area. OUR PROPERTIES have many businesses located around them.
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RZN 03-25.00 (Freeman) •
C. 4. Page 16
S. E. Winkler
520 E. Maple
Fayetteville, AR72701
Dawn Warrick
Zoning and Development Administrator
R�EIVED
JUL 1 5 2003
PLANNING DIV.
RE: Rezoning for Marvin E. Freeman for property at 2848 and 2856 South School
I own property at 607 Peach Street that adjoins subject property to the east. I have no
objection to that property being zoned R -O, Residential Office.
I also own property at 654 E. Lafayette that adjoins property at 701 E. Maple owned by
James Lindsey. I do object to that property being zoned I-1 Industrial. Your office
should be ashamed and embarrassed for not aggressively pursuing the Residential
Zoning for that property that was promised. The most recent betrayal of that
neighborhood was canceling of the neighborhood survey similar to the one done in
the Mill District neighborhood. Such a survey would have brought public attention to
the questionable relationship between The City of Fayetteville, Arkansas Western Gas,
and James Lindsey. It appears to a number of people in the Lafayette, Maple,
Tanglewood neighborhood that the Planning Division lacks the resolve to insure
neighborhood integrity.
SincCj
eh
S. E. Winkler r`/�
RZN 03-25.00 (Freeman)
C.4. Page 17
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RZN 03-25.00 (Freeman)
C. 4. Page 18
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• RZN 03-25.00 (Freeman)
C.4. Page 19
RZN03-25.00
Future Land Use
FREEMAN
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RECEI\/ED
SEP 19 2003
CITY OF FhvcTTEVILLE
CITY CLERKOFFICE
'S
AFFIDAVIT OF PUBLICATION
I, A /(IL/'l l ,do solemnly swear that I am
Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell, Arkansas, and that
from my own personal knowledge and reference to the files of said
publication, that advertisement of:
was inserted in the regular editions on
Po#.
** Publication Charge: $ "/'� ate/
Subscribed and sworn to before me this
} day of , 2003.
AN ORDINANCE RQONING THAT PROPERTY DESCRIBED
`/) IN REZONING PETITION RZN Q3-25.00 AS SUBMITTED BY
MY P D �' `i o?O 3N AND DORA FREEMAN FOR PROPERTY LOCATED <
Commission Ex IreS. AT 2848 AND 2856 S. SCHOOL AVENUE FROM RSF.4,
RESIDENTIAL SINGLE FAMILY; TO R -O. RESIDENTIAL OFFICE
Be IT ORDAINED BY THE CITY COUNCIL OF THE CITY City of Fayetteville
I OF FAV•TTUVILLE, ARKANSAS: II
** Please do not pay from Affidavit.
An invoice will be sent-
eal
L ARGOrkansas COUNTY[Wj
res 07-25-2013
Section 1: That the zone classlflcatin of the following desalbed property Is hereby changed as follows:
From RSF-4, Residential Single -Fatuity, 4 Uhtts Per Acre, to P.O Residental Office as shown in Exhibit A- attached hereto and made a pert hereof.
Section 2. That the official zoning map of the City of Fayetteville. AMansas, is hereby
amended to reflect the zoning charge pro ided in Section 1 above.
PASSED and APPROVED this the 19th day of August. 2003.
���� �I.J LINlrvnm W lU IN OFF THE EAST SIDE OF SAID LO
°ORTIONS CONTAINED IN THE RIGHT OF WAY OF ARKANSAS
TWO (2) IN BLOCK NUMBERED ONE (1) IN THE COUNTRY CLUB ADI
rEVILLE. AS DESIGNATED UPON THE RECORDED PLAT OF SAID ADC
OF EQUAL AND UNIFORM WIDTH OFF OF THE EAST SIDE OF SAID
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501)`442-1700 - -