HomeMy WebLinkAboutOrdinance 4627Recorded: 21%02%20040atT08:52:08 AM
Fee Amt: $11.00 Page 1 of 2
Mashlnoton Countv. AR
Bette Stamps Circuit Clerk
ORDINANCE N0.4 6 2 7 F11e2004-00045125
AN ORDINANCE REZONING THAT PROPERTY DESCR BEI7
IN REZONING PETITION RZN 04-1188 AS SUBMITTED BY
GENE HOUSLEY FOR PROPERTY LOCATED AT 400 WEST
APPLEBY ROAD CONTAINING APPROXIMATELY 9.46
ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO C-1,
NEIGHBORHOOD COMMERCIAL
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-A, Residential Agricultural to C-1, Neighborhood Commercial 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 19t' day of October, 2004.
APPROVED:
By:
ATTEST:
G" ,•G�ZY O,c
By: SF / ;FAYETTEVILLE;
SONDRA SMITH, City Clerk 4; _ � ;;
•
EXHIBIT "A"
RZN 04-1188
A PART OF THE N % OF THE NE'/4 OF THE NE'/4 AND A PART OF THE N %2 OF THE
NW '/4 OF THE NE'/4 ALL IN SECTION 34, T-17-N, R-30-W AND A PART OF THE SE
/4 OF THE SE'/4 AND A PART OF THE SW'/4 OF THE SE'/4, ALL IN SECTION 27, T-
17-N7 R-30-W, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING
STATE SURVEY MONUMENT FOR THE NE CORNER OF THE NE'/4 OF THE NE'/4
OF SAID SECTION 34; THENCE S 00°06'02" W ALONG THE EAST LINE OF SAID
SECTION 34, 660.07 FEET TO AN EXISTING BRASS CAP IN APPLEBY ROAD; SAID
POINT BEING THE SE CORNER OF THE N'/z OF THE NE'/4 OF THE NE'/4 OF SAID
SECTION 34; THENCE N 89°28'49" W ALONG THE SOUTH LINE OF THE N'/2 OF
THE NE'/4 OF THE NE'/4 OF SAID SECTION 34, 1,109.30 FEET TO THE TRUE POINT
OF BEGINNING, SAID POINT BEING THE CENTER OF SKULL CREEK; THENCE N
89028549" W 340.91 FEET TO THE EAST RIGHT-OF-WAY OF JOHNSON ROAD;
THENCE ALONG THE RIGHT OF WAY OF JOHNSON ROAD THE FOLLOWING
BEARINGS AND DISTANCES: N 00°49'06" W, 447.78 FEET TO AN EXISTING AHTD
MONUMENT; N 04°29' 19" E, 150.74 FEET TO AN EXISTING AHTD MONUMENT; N
00045'08" W, 50.04 FEET TO AN EXISTING AHTD MONUMENT; N 04°42'04" E,
100.64 FEET TO AN EXISTING AHTD MONUMENT; N 02° 16'39" E, 100.58 FEET TO
AN EXISTING AHTD MONUMENT; N06°14'15" E, 100.93 FEET TO AN EXISTING
AHTD MONUMENT AT THE SOUTH RIGHT -OF WAY -OF U.S. HIGHWAY 71;
THENCE ALONG THE SOUTH RIGHT-OF-WAY OF U.S. HIGHWAY 71, THE
FOLLOWING BEARINGS AND DISTANCES: N 80°42'26" E, 46.26 FEET TO AN
EXISTING AHTD MONUMENT; N 69°31'43" E,100.21 FEET TO AN EXISTING AHTD
MONUMENT; N 58°37' 10" E, 101.00 FEET TO AN EXISTING AHTD MONUMENT; N
67009' 10" E, 100.00 FEET TO A POINT IN THE CENTER OF SKULL CREEK; THENCE
LEAVING THE SAID RIGHT-OF-WAY AND FOLLOWING THE CENTER OF SKULL
CREEK, THE FOLLOWING BEARINGS AND DISTANCES: S 17024'54" E, 104.58
FEET; S 58°40'38" E, 69.11 FEET; S 70°23'00" E, 52.42 FEET; S 18°13'34" E, 101.91
FEET, S 15051'27" W,128.39 FEET, S2901817" W,102.53 FEET; S 09°39'49" W, 255.51
FEET; S 00°08'37" E, 91.86 FEET; S 36°45'50" W, 127.08 FEET; S 08°50'32" E, 109.66
FEET; S 00' 57'41" E, 27.68 FEET; S 13°38'53" E, 42.76 FEET TO THE POINT OF
BEGINNING, CONTAINING 9.46 ACRES, MORE OF LESS.
Washington County, AR
I certify this instrument was filed on
11/02/2004 08:52:08 AM
and recorded in Real Estate
File Number 20 4-00045125
Bette Stamps- ir� Clerk
by
0 0
NAME OF FILE: Ordinance No. 4627
wlEx. A
CROSS REFERENCE:
Item # Date Document
1 09/30/04 memo to mayor & City Council
2 draft ordinance
3 memo to Planning Commission
4 copy of Item #6 on Application
5 copy of Item #7 on Application
6 copy of Close Up View
7 copy of One Mile View
6 copy of Future Land Use
9 Staff Review
10 memo to Dawn Warrick
11 Affidavit of Publication
12
13
14
15
16
17
18
19
20
21
22
23
24
25
NOTES:
1/2/04 filed at Wash. Co. Circuit Clerk office
0
City Council Meetilrof October 19, 2004 �6�%
Agenda Item Number
CITY COUNCIL AGENDA MEMO
kpv o / - ii��'
To: Mayor and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
Date: September 30, 2004
Subject: Rezoning request for Gene Housley (RZN 04-1188)
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 9.46 acres
of property from R-A, Residential Agricultural to C-1, Neighborhood Commercial.
The subject property is located east of Gregg Avenue and delineated by Appleby Road to
the south and Futrall Drive to the north. The 9.46-acre tract is currently zoned R-A,
Residential Agricultural, and developed as a manufactured home park with forty-five
units. A majority of the site lies within floodway and floodplain, as well as the Design
Overlay District.
The applicant requested the property be rezoned from R-A, Residential Agricultural, to
C-1, Neighborhood Commercial. The existing structures on the property would become
nonconforming as they are not permitted within a C-1 zoning district by right or
conditional use. The applicant has corresponded with the residents of the Manufactured
Home Park to notify them of future plans for developments of this property.
Development will require compliance with all floodplain regulations and will be
reviewed for access management to avoid dangerous traffic conditions at the intersections
of Appleby Rd. and Futrall Dr. with Gregg Avenue.
DISCUSSION
On September 27,
2004, the Planning
Commission voted 8-0-0
to forward this item to the
City Council with
a recommendation
for approval to rezone the
subject
property C-1.
BUDGETIMPACT
None.
E
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04-1188 AS SUBMITTED BY
GENE HOUSLEY FOR PROPERTY LOCATED AT 400 WEST
APPLEBY ROAD CONTAINING APPROXIMATELY 9.46
ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO C-I,
NEIGHBORHOOD COMMERCIAL.
BE IT ORDAINED BY THE CITY
FAYETTEVILLE, ARKANSAS:
Section 1: That the zone
property is hereby changed as folloi
From R-A, Residential Agricultural to C-
shown in Exhibit "A" attached hereto and n
Section 2. TNafthe official z
Arkansas, is here b \amenenddeddtto\
Section 1 above.
PASSED AND
G7
W
OF THE CITY OF
of
borhood I
xrt hereof.
described
as
of the City of Fayetteville,
zoning change provided in
this \ day of , 2004,
By:
DAN COODY, Mayor
EXHIBIT "A"
RZN 04-1188
A PART OF THE N %2 OF THE NE'/4 OF THE NE'/4 AND A PART OF THE N %x OF THE
N W '/4 OF THE NE '/4 ALL IN SECTION 34, T-17-N, R-30-W AND A PART OF THE SE
'/4 OF THE SEAAND A PART OF THE SW '/4 OF THE SE'/4, ALL IN SECTION 27, T-
17-N, R-30-W, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING
STATE SURVEY MONUMENT FOR THE NE CORNER OF THE NE %4 OF THE NE'/4
OF SAID SECTION 34; THENCE S 00°06'02" W ALONG THE EAST LINE OF SAID
SECTION 34, 660.07 FEET TO AN EXISTING BRASS CAP IN AP,PLEBY ROAD; SAID
POINT BEING THE SE CORNER OF THE N'/2 OF THE NE'/4 OF THE NE'/4 OF SAID
SECTION 34; THENCE N 89°28'49" W ALONG THE,SOUTH LINE OF THE N'/2 OF
THE NE'/4 OF THE NE'/4 OF SAID SECTION 34; 110930 FEET TO THE\TRUE POINT
OF BEGINNING, SAID POINT BEING THE CENTER OF,\SKULL CREEK, THENCE N
89028'49" W 340.91 FEET TO THE EASTGRIGHT-OF-WAY OF JOHNSON/ROAD;
THENCE ALONG THE RIGHT OF WAY OF JOHNSON40AD THE FOLLOWING
BEARINGS AND DISTANCES: N 00°49'06" W, 447> 8 FEET TO AN EXISTING AHTD
MONUMENT; N 04'29' 19" E, 150.7\4�F.EET TO AN EXISTING AHTD MONUMENT; N
00045308" W, 50.04 FEET TO AN EXISTING AHTD MONUMENT; N 04042104" E,
100.64 FEET TO AN EXISTING AHTD�MONUMENT; N 0201�6,39" E, 100.58 FEET TO
AN EXISTING AHTD MONUMENT; N06°14j15!�,E, 100.93,�FEET TO AN EXISTING
AHTD MONUMENT,,AT THE SOUTH\RIGHT-OF�WAY-OF U.S. HIGHWAY 71;
THENCE ALONG/THE�SOUTH RIGHT OF -WAY OF U.S. HIGHWAY 71, THE
FOLLOWING BEARINGS AND DISTANCES: N 80042'26" E, 46.26 FEET TO AN
EXISTING AHTD MONUMENT; N 6903 1'43'\E; F00.21 FEET TO AN EXISTING AHTD
MONUMENT; N 58°37�105;E,_101.00TEET TO AN EXISTING AHTD MONUMENT; N
67009' 1.0 ° E, 100:00 FEET\TO.A POINT IN THE CENTER OF SKULL CREEK; THENCE
LEAVING THE'SAIDRIGHT OF -WAY AND FOLLOWING THE CENTER OF SKULL
CREEK, THE FOLLOWING BEARINGS AND DISTANCES: S 17024'54" E, 104.58
FEET.; S\58°40'38" E, 69.11 FEET;/S 70023500" E, 52.42 FEET; S 18013'34" E, 101.91
FEET, SJ 5951'27" W, 128.39 FEET, S29018' 17" W, 102.53 FEET; S 09039'49" W, 255.51
FEET; S 00*08,37" E, 91.86 FEET; S 36045'50" W, 127.08 FEET; S 08050'32" E, 109.66
FEET; S 00° 5 '4.1" E,27.68 FEET; S 13038'53" E, 42.76 FEET TO THE POINT OF
BEGINNING, CQNTAINING 9.46 ACRES, MORE OF LESS.
l�
s
PC Meeting of September 27, 2004
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE. Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Associate Planner
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: September 21, 2004
RZN 04-1188: Rezoning (GENE HOUSLEY,172/211): Submitted by GENE HOUSLEY for
property located at 400 W APPLEBY ROAD. The property is zoned R-A. RESIDENTIAL -
AGRICULTURAL and contains approximately 9.46 acres. The request is approve rezoning of
the subject property from R-A, Residential Agricultural, to C-1, Neighborhood Commercial.
Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends rezoning of subject property to C-1, Neighborhood Commercial based
on findings found herein:
PLANNING COMMISSION ACTION: Required YES
® Approved O Denied
Date: September 27, 2004 ik"A,,1W/V..#2 8-a-0 -
CITY COUNCIL ACTION:
October 19, 2004
BACKGROUND:
Required YES
O Approved O Denied
Property description: The subject property is located east of Gregg Avenue, south of Futrall Dr.
and Hwy 71 B. The 9.46 acre tract is currently zoned R-A, Residential Agricultural. Forty-five
mobile homes reside within the manufactured home park on the property. A majority of the site
lies within floodway and floodplain, as well as the Design Overlay District. Development will
require compliance with all floodplain regulations and will be reviewed for access management
to avoid dangerous traffic conditions at the intersections of Appleby and Futrall with Gregg
Avenue.
Request: The applicant is requesting the property be rezoned from R-A, Residential Agricultural,
to C-1, Neighborhood Commercial. The applicant has corresponded with the residents of the
Manufactured Home Park to notify them of future plans for developments of this property.
Pubic Comment: Staff has received public comment from a property owner on Cydnee Drive in
the North Heights Subdivision who expressed concern with allowable uses in the C-I zoning
district at this location.
Recommendation: Staff recommends approval of rezoning the subject property C-1,
Neighborhood Commercial based on the findings included in the staff report.
SURROUNDING LAND USE AND ZONING
Direction
Land Use
Zoning
North
Single family residential
RSF-4, Res. Single-family, 4 units/acre
C-2, Thoroughfare Commercial
South
Apartments
RMF-24, Res. Multi -family, 24 units/acre
East
Washin on Reg. Med. Center
R-O, Residential Office
West
Vacant
R-A, Residential Agricultural
INFRASTRUCTURE:
Streets: Currently the site has access to Gregg Avenue and Appleby Road. Appleby Road
is an improved roadway with curb and gutter and storm drainage. Gregg Avenue
is currently under design by the Highway Department for an upcoming
construction project.
Surrounding Master Street Plan Streets:
North:
Futrall Drive (Collector)
Hwy 71 B (Freeway/Expressway)
South:
Appleby Rd. (Collector)
East:
Gregg Avenue (Minor Arterial)
West:
Broyles Rd. (Collector)
Water: The property currently has access to an 8" water main and a 6" water main
through the site. These mains will be adequate to provide domestic water service
and fire protection to future developments on the site.
Sewer: The site currently has access to a 15" and 12"sewer line across the property.
These mains will be adequate to provide sewer service to future developments on
the site.
Fire: The subject property is located 1.10 miles from the Fire Station #4. Response
time to the property is approximately 4 minutes and an estimated 4 minutes
response time at full build -out.
Police: Springbrook Mobile Home Park is currently located on this property. Futrall
Drive borders the property to the north, Appleby Drive to the south, Gregg Ave. to
the west and Washington Regional Medical Center to the east. This is a high
vehicle traffic area on all streets surrounding the property. Currently the mobile
home park offers access and egress from Appleby Drive. We do not feel this
rezoning recommendation would create a substantial burden on police services
nor would it create unusually delayed response times. We do have concerns about
access and egress to this property due to the heavy traffic volumes and the traffic
congestion. This could potentially impact a timely response by police. We
recommend installation of access and egress is located as far away from Futrall
and Gregg as possible.
LAND USE PLAN: General Plan 2020 designates the site as Office.
FINDINGS OF THE STAFF
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 Future Land Use map designates the subject property as Office.
Fayetteville serves as a regional provider of professional office services and
in anticipation of the growth of Northwest Arkansas, a sizeable area of land
was designated for Office.in a location accessible from a major thoroughfare
(71B). The subject property is current zoned R-A, which allows for animal
husbandry, agricultural, and residential uses. The manufactured home park
that exists on the property provides residential housing but does not allow
for more intense uses as planned for in the General Plan 2020.
Like Professional Office, Neighborhood Commercial is a use identified
within the Future Land Use Plan. Its purpose is to enhance and regulate the
appearance of neighborhood commercial areas within and adjacent to
residential neighborhoods, provide commercial uses convenient and
accessible for individuals living in the community and reduce the number of
trips generated by residential developments. The subject property is located
north of densely populated multi and single family neighborhoods whose
only available retail services are located on Suubridge Drive and College
Avenue. Rezoning the property to C-1, Neighborhood Commercial will allow
for development of a neighborhood retail and office center located in an area
easily accessible to the existing surrounding residential neighborhoods,
potential development on vacant land to the west, and the general public with
access to major thoroughfares.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The subject property is located adjacent to 71B and Gregg Avenue, a State
Highway that is currently under design by the Highway Department for an
upcoming construction project. The additional traffic, high density housing,
and potential for future residential development to the west of the subject
property justify the need for Neighborhood Commercial in this location.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed reconstruction and widening of Gregg Avenue in this location
will increase the volume of traffic and therefore the potential danger of
accidents. However, additional lanes and review of curb cuts on Gregg
Avenue at the time of development will reduce the potential of greater traffic
danger and congestion. The police department does have concerns about
access and egress to this property due to the heavy traffic volumes and the
traffic congestion. This could potentially impact a timely response by police.
They recommend installation of access and egress is located as far away
from Futrall and Gregg as possible to alleviate potential traffic danger.
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 approximately 9.46 acre tract is currently developed as a manufactured
home park with 45 units. Rezoning the property to the proposed C-1 zoning
designation will reduce the population density at this location.
The following is a review of available services:
Engineering —The property currently has access to an 8" water main and a 6" water main
through the site and will adequately provide domestic water service and fire
protection to future developments on the site. The site currently has access
to a 15" and 12"sewer line across the property. These mains will be adequate
to provide sewer service to future developments on the site. Currently the
site has access to Gregg Avenue and Appleby Road. Appleby Road is an
improved roadway with curb and gutter and storm drainage. Gregg Avenue
is currently under design by the Highway Department for an upcoming
construction project.
Fire - The subject property is located 1.10 miles from the Fire Station #4. Response
time to the property is approximately 4 minutes and an estimated 4 minutes
response time at full build -out.
Police - The police department does not feel this rezoning recommendation would
create a substantial burden on police services nor would it create unusually
delayed response times.
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
l�
I
161.03 District R-A, Residential -Agricultural
(A) Purposes. The regulations of the agricultural
district are designed to protect agricultural land
until an orderly transition to urban development
has been accomplished; prevent wasteful scattering
of development in rural areas; obtain economy of
public funds in the providing of public
improvements and services of orderly growth;
conserve the tax base; provide opportunity for
affordable housing, increase scenic attractiveness;
and conserve open space.
(B) Uses.
(1) Permitted uses.
Unit 1
Ci wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
(2) Conditional uses
Unit 2
Ci -wide uses by conditional use emiit
Unit 4
Cultural and recreational
facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occu abons
Unit 36
Wireless communications
facilities
C Density.
Units per acre One-half
(D) Bulk and area regulations.
Lot width minimum
200 ft.
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwelling unit
2 acres
E Setback requirements.
Front
Side
Rear
35 ft.
20 ft.
35 ft.
(F) Height requirements. There shall be no
maximum height limits in the A-1 District,
provided, however, that any building which
exceeds the height of 15 feet shall be setback from
any boundary line of any residential district a
distance of 1.0 foot for each foot of height in
excess of 15 feet. Such setbacks shall be measured
from the required setback lines.
(G) Building area. None.
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
Units
Government facilities
Unit 8
Single-family dwellings
Unit
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 b conditional use ermit
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 dwellin s
Unh 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
ark
50 ft.
Single-family
60 ft.
Two-family
60 ft.
Three or more
90 ft.
(2) Lot area minimum.
Manufactured home park
3 acres
Lot within a manufactured home
ark
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 s .
ft.
Fraterni or Sorority1
acre
(3) Land area per dwelling unit.
Manufactured home
3,000 sq.
ft.
Townhouses & apartments:
No bedroom
1,000 sq.
ft.
One bedroom
1,000 sq.
ft.
Two or more
1,200 sq.
ft.
bedrooms
Fraternity or Sorority
500 sq, ft.
per resident
(D) Density.
11 Units per acre 1 4 to 24
(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. 262 t, 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)
161.16 District C-1, Neighborhood
Commercial
(A) Purpose. The Neighborhood Commercial
District is designed primarily to provide
convenience goods and personal services for
persons living in the surrounding residential areas.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 12
Offices, studios and related services
Unit 13
Eating laces
Unit 15
Neighborhood shopping
Unit 18
Gasoline service stations and drive-in
restaurants
Unit 25
Professional offices
(2) Conditional uses.
Unit 2
City-wide uses by conditional use oermit
Unit 3
Public protection and utility
facilities
Unit 4
Cultural and recreational facilities
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit
36
Wireless communications facilities
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front
50 ft.
Side
None
Side, when contiguous to a residential
district
10 ft.
Rear
20 ft.
(F) Height regulations. There shall be no
maximum height limits in C-1 District, provided,
however, that any building which exceeds the
height of 10 feet shall be setback from any
boundary line of any residential district a distance
of one foot for each foot of height in excess of 10
feet.
(G) Building area. On any lot the area occupied
by all buildings shall not exceed 40% of the total
area of such lot.
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ITEM # 6 ON APPLICATION
A. CURRENT OWNERSHIP INFORMATION:
PROPERTY OWNED BY COMMERCIAL COMPUTER SERVICES INC.
AN ARKANSAS CORPORATION OWNED BY GENE AND SHERRY
HOUSLEY, P.O. BOX 3646, FAYETTEVILLE, AR. 72702
THERE IS CURRENTLY NO PROPOSED OR PENDING SALE ON THIS
PROPERTY.
B. REASON (NEED) FOR REQUESTING THE ZONING
THE PROPERTY IS CURRENTLY ZONED A-1 AND FOR THE PROPERTY TO
BE SOLD OR DEVELOPED, THE C-1 ZONING IS NEEDED.
C. STATEMENT OF HOW THE PROPERTY WILL RELATE TO
SURROUNDING PROPERTIES IN TERMS OF LAND USE, TRAFFIC,
APPEARANCE, AND SIGNAGE.
THE PROPERTY IS LOCATED ON THE BYPASS AND BORDERS 3 STREETS
AND WOULD BE A GOOD LOCATION FOR A SHOPPING CENTER WITH
AMENITIES FOR AREA RESIDENTS. EXISTING ROADWAYS ARE BEING
IMPROVED AND THE LOCATION WOULD LEND ITSELF TO UPSCALE
RETAIL BUSINESS. SIGNAGE IN FAYE'ITEVILLE IS WELL REGULATED
AND SIGNS AT THIS LOCATION UNDER CURRENT GUIDELINES WOULD
BE VERY VISIBLE AND ATTRACTIVE.
D. AVAILABILITY OF WATER AND SEWER (STATE SIZE OF LINES).
WATER AND SEWER LINES CURRENTLY ON THE PROPERTY ARE:
W A Cp,- L;,Ue Or r
ITEM # 7 ON APPLICATION
A. THE PROPOSED ZONING IS CONSISTENT WITH ITS LOCATION ON
THE BYPASS AND BORDERING 3 STREETS. THIS WILL BE A GOOD
LOCATION FOR A COMMERCIAL RETAIL DEVELOPMENT AND
SHOULD FIT WELL IN THE MIX OF DEVELOPMENTS IN THE AREA.
B. THE PROPOSED ZONING IS NEEDED FOR ANY PRACTICAL
FINANCIAL USE OF THE PROPERTY BESIDES ITS EXISTING USE AS
A MOBILE HOME PARK.
C. GREGG STREET IS CURRENTLY IN THE PROCESS OF BEING FOUR
LANED AND WILL BE CAPABLE OF EASILY HANDLING THE
TRAFFIC AT THIS LOCATION AND THE LIMITED ACREAGE AT
LOCATION WOULD NOT CREATE A DEVELOPMENT LARGE
ENOUGH TO CAUSE TRAFFIC CONGESTION. ACCESS TO THE
DEVELOPMENT COULD BE FROM GREGG STREET AND OR
APPLEBY ROAD WHICH SHOULD MAKE FOR SMOOTH TRAFFIC
FLOW.
D. THE PROPERTY SHOULD HAVE MINIMAL IMPACT ON SEWER AND
WATER SERVICES AND WILL HAVE NO IMPACT ON POPULATION.
E. THE CURRENT ZONING OF A-1 WILL NO ALLOW ANY PRACTICAL
FINANCIAL USE OF THE PROPERTY OTHER THAN THE EXISTING
USE AS A MOBILE HOME PARK.
AU3 19 2uu4
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STAFF RE�& FORM - NON -FINANCIAL OBLISTION
AGENDA REQUEST
For the Fayetteville City Council Meeting of:
FROM:
Dawn T. Warrick Planning
Name Division
ACTION REQUIRED: Ordinance Approval.
SUMMARY EXPLANATION:
October 19.2004
CP&E
Department
RZN 04-1188: Rezoning (Gene Housley, pp 211/250) was submitted by Gene Housley for property located at
400 W. Appleby Road. The property is zoned R-A, Residential Agricultural and contains approximately 9.46
acres. The request is to rezone the subject property from R-A, Residential Agricultural, to C-1, Neighborhood
Commercial.
STAFF RECOMMENDATION
Department Director
Financ & Internal Services Dir.
Approval
lb/ I10c
Date
Date
Date
Date
Received in Mayor's Office WALDf
Date
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
New Item:
Yes No
FAYETTEALE
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
Fax: (479) 718-7695
DEPARTMENTAL CORRESPONDENCE city—clerk@ci.fayeffeville.ar.us
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearmany'
City Clerk Division
Date: October 25, 2004
Re: Ordinance No, 4627
The City Council passed the above ordinance, October 19, 2004, rezoning RZN
04-1188 containing approximately 9.46 acres. I have attached a copy of the
ordinance.
This ordinance
will be
recorded
in the city
clerk's office and microfilmed. If
anything else
is
needed
please
let
the clerk's
office
know.
Attachment(s)
cc: LaDawnya Cossey, Planning
John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
AFFIDAVIT OF PUBLICATION
I,f1Y11Qj2V,2 do solemnly swear that I am
Leg I 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
OWJ45
"' Publication Charge: $ %
Subscribed and sworn to before me this
— -�ZZ6#— day of j , 2004.
&4W
Notary Public �'(rrrrrrirrh rrn rrrrrrrrrrrrrrrrr� ;, NO[a �t c �n SaJI c
My Commission�Expires: ryr�"ir�.s�. ,•,. ?
,,,,,.y� r • anca; t
My mmi,'jp ;y 1<
<c«cccc«ccc<cc< « «�i1
" Please do not pay from Affidavit.
An invoice will be sent.
RECEIVED
ocl 27 2004
CrryOFFAYE EV•-LE
CITY CLEFty ro OFF=
212 NORTH EAST AVENUE 0 P.O. BOX 1607 • FAYETT'EVILLE, ARKANSAS 72702 • (501) 442-1700
n
U
ORDINANCE NO. 4627 ryeld
iVAN ORDINANCE REZONING THAT' PROPERTYDESCRIBED IN REZONING PETITION RZN 04-1188 ASSUBMITTED BY GENE HOUSLEY FOR PROPERTY LOCAT- a
ED AT 400 WEST APPLEBY ROAD CONTAINING APPROX-
IMATELY 9 46 ACRES FROM R-A. RESIDENTIAL AGRICUL- i TURAL TO C.I. NEIGHBORHOOD COMMERCIAL
BB lT ORDAINED BY TNB CITY COUNCIL OF THE CRY OF PAYBTT¢YILLE, ARNAP
Section 1: Thal the zone dassifcatbn of the tOlawing deal property is hereby dv7^904 w It
From R-A. Residential A9ricutlual to C-1, Nelghborllooe Co aflfal as shown in Erhibp'A* all
hereto ere meee a part hereof.
Section 2: That the official zoning map of the City of Fayetteville, Arkansas, is hereby amel to
the zoning change promdeo in Section 1 above.
mop APPROVED INS 1Mh bay of October. 2004.
BT.
DAN COODY, Mryor
ATTEST:
EONDRA BMRN, CIO CW*
ay EI
RZN 04-1188 , !
ART OF THE N 1/2 OF THE NE 114 OF THE NE 1/4 AND A PART OF THE N 1/2 OF THE NW 1114
THE NE 1/4 ALL IN SECTION 34, T-17-14, R-30-W AND A PART OF THE SE 1/4 OF THE BE 1/4
3 A PART OF THE SW 1/4 OF THE SE 114. ALL IN SECTION 27, T-17-N, R-3D-W, WASHINGTON
I ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT
AN EXISTING STATE SURVEY MONUMENT FOR THE NE CORNER OF THE NE 1/4 OF THE NE 1/4
SAID SECTION 34; THENCE S 00N6'02' W ALONG THE EAST UNE OF SAID SECTION 34, 69
FEET TO AN EXISTING BRASS CAP IN APPLEBY ROAD; SAID POINT BEING THE BE CORNER
THE N 12 OF THE NE 1/4 OF THE NE 114 OF SAID SECTION 34: THENCE N 8928'49" W ALO
THE SOUTH LINE OF THE N 12 OF THE NE 1/4 OF THE NE 1/4 OF SAID SECTION 34, 1.109.30 R
TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE CENTER OF SKULL CREEK; THEN
N BnB'49" W 340.91 FEET TO THE FAST RIGHT-OF-WAY OF JOHNSON ROAD; THENCE ALC
THE RIGHT OF WAY OF JOHNSON ROAD THE FOLLOWING BEARINGS AND DISTANCES
EXISTING N
G AHTD MONUMENT. N00'45'O8GW,, 50.04 FEET TO AN E STAHTD MONUMENT. 1ING AHTD MONUMEN
04'42'04' E, 100.64 FEET TO AN EXISTING AHTD MONUMENT; N 02'16'39' E, 100.55 FEET TO
EXISTING AHTD MONUMENT; NOE'14'15' E, 100.93 FEET TO AN EXISTING AHTD MONUMENI
THE SOUTH RIGHT -OF WAY -OF U.S. HIGHWAY 71; THENCE ALONG THE SOUTH RIGHT-OF-WAV
U.S. HIGHWAY 71. THE FOLLOWING BEARINGS AND DISTANCES: N W42'26' E, 46.26 FEETTC
EXISTING AHTD MONUMENT; N 6931'43' E, 100.21 FEET TO AN EXISTING AHD MONUMEN
56'37'10' E. 101.00 FEET TO AN EXISTING AHTD MONUMENT; N 670910' E, 100.00 FEET T
POINT IN THE CENTER OF SKULL CREEK; THENCE LEAVING THE SAID RIGHT-OF-WAY AND F
LOWING THE CENTER OF SKULL CREEK, THE FOLLOWING BEARINGS AND DISTANCE!
17'24'54' E. 104.58 FEET; S W40'38' E. 69.11 FEET; S 7023'00' E. 52.42 FEET; S 18713'34
101.91 FEET, S 1551'27' W, 12B.39 FEET, S29.18'17' W, 102.53 FEED, S 0999'49" W, 255.51 F
27.688 E3ET; S 91.136 13'38'533"E�, 4 �6 FEET1TO THE POINT OF BEGINNING, CONTAINING �6 ACi
MORE OF LESS. I
RECEjVED
OCT 212004
CITY OF F'+ CS CF lu
CIYV CLC .