Loading...
HomeMy WebLinkAboutOrdinance 4666 ORDINANCE NO. 4 6 6 6 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04- 1329 FOR PROPERTY LOCATED ON THE NORTH SIDE OF 6T" STREET ACROSS FROM THE OZARK MOUNTAIN SMOKEHOUSE CONTAINING APPROXIMATELY 3 .35 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL 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 R-A, Residential Agricultural 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 4`h day of January, 2005 . APPROVED: By: DA)OOOODY, Mayor i ,JTRn'''o. ATTEST: F By. Q�04'��lL—i^^'� "� ' c U: FAYEiTEVILLE ;� = SONDRA SMITH, City Clerk =`� '. :��vsy9pkANSPS Jam` 11;iiG;ON1,Cp,��. I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII Doc ID : 008123830002 Tyoe . REL Recorded : 02/01/2005 at 02 : 08 : 58 PM . Fee Amt : 811 . 00 Pace 1 of 2 Vashlnaton county . AR Bette Stamps circuit clerk F11e2005 -00004793 i EXHIBIT "A" RZN 04-1329 Part of the West half of the Northwest Quarter of the Southeast Quarter of Section 24, Township 16 North, Range 31 West of the 5th Principal Meridian, more particularly described as follows: Commencing at the Northwest comer of said 20 acre tract; thence East along the North line of said 20 acre tract 663 .00 feet, thence South 00 degrees 06 minutes 10 seconds East along the East line of said 20 acre tract 223 .87 feet to the point of beginning; thence South 83 degrees 05 minutes 24 seconds West 328.54 feet; thence South 00 degrees 06 minutes 10 seconds East 476. 19 feet to the Northerly right of way of U, S, Highway 62; thence North 73 degrees 32 minutes 00 seconds East along said right of way 340 feet to the East line of said 20 acre tract; thence North 00 degrees 06 minutes 10 seconds West 419.34 feet to the point of beginning, containing 3 .35 acres, more or less. The above described tract being subject to an easement for the purpose of Ingress and egress, said easement being more particularly described as follows; a part of the West Half of the Northwest Quarter of the Southeast Quarter of Section 24, Township 16 North, Range 31 West of the 5th Principal Meridian more particularly described as follows; Commencing at the Northwest comer of said 20 acre tract; thence East along the North line of said 20 acre tract 663 feet; thence South 00 degrees 06 minutes 10 seconds East along the East line of said 20 acre tract 223 .87 feet; thence South 83 degrees 05 minutes 24 seconds West 278. 19 feet to the point of beginning of said easement; thence South 83 degrees 05 minutes 24 seconds West 50.35 feet; thence South 00 degrees 06 minutes 10 seconds East 476. 19 feet to the Northerly right of way of U. S, Highway 62; thence North 73 degrees 32 minutes 00 seconds East along said right of way 52. 11 feet; thence leaving said right of way North 00 degrees 06 minutes 10 seconds West 467.48 feet to the point of beginning. Washington County, AR I certify this instrument was filed on 0210112005 02:08:59 PM and recorded in Real Estate File 'Number 200540004 93 Bette Stam - Circuit Cl rk I I DY oe � l � y /d5 City Council Mee* of January 04, 2004 /f (ori Agenda Item Number QZN dq-1441 CITY COUNCIL AGENDA MEMO dos �y � �✓c , To: Mayor and City Council Thru : Gary Dumas, Director of Operations From : Jeremy C. Pate, Interim Zoning and Development Administrator Date: December 16, 2004 Subject: Rezoning for Hogeye, Inc. (RZN 04- 1329) RECOMMENDATION Planning Staff recommends approval of an ordinance rezoning approximately 3 .35 acres of property from R-A, Residential Agricultural, to R-O, Residential Office. BACKGROUND The approximately 3 .35 acres of vacant property is located north of 6t' Street, northeast of the Ozark Smokehouse. At this time, the property is vacant pasture and zoned R-A, Residential Agricultural. It is affected by the floodway and floodplain at the rear of the property. Property zoned R-A abuts this site to the north, east, and west. Property to the south is zoned R-O, Residential Office, and RMF-24, Residential Multi Family — 24 units per acre. The property is currently vacant and surrounded by pastures and residential dwellings. Commercial structures within the surrounding areas pre-exist the establishment of zoning and are nonconforming structures. The General Land Use Plan designates properties north and south of 6 h Street Mixed Use. A Residential Office zoning allows for development of residential dwellings, office buildings, and eating places (with the approval of a conditional use) compatible to the surrounding residential uses. The applicant requested a rezoning for the future development of office uses. The applicant originally requested rezoning the property C- 1 , Neighborhood Commercial. At the Planning Commission meeting, the applicant's representative revised the request to rezone the property R-O, Residential Office. DISCUSSION This item was heard at the regular Planning Commission on December 13 , 2004. The Planning Commission voted 8-0-0 to forward this item with a recommendation to rezone the property R-O. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04- 1329 FOR PROPERTY LOCATED ON THE NORTH SIDE OF 6T" STREET ACROSS FROM THE OZARK MOUNTAIN SMOKEHOUSE CONTAINING APPROXIMATELY 3 .35 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO R-O, RESIDENTIAL OFFICE�\ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: ^ � \ Section 1 : That the zone clazrAf\cation of the described property is hereby changed-as follows: \ From R-A, Residential Agricult 1`tR-O;Residential Office' as shown in Exhibit "A" attached hereto and made apart hereof. Section 2. That lie-official zoni g\p of the City of Fayetteville, Arkansas, is hereby amended,to reflect the nmg change provided in Section 1 above. � PASSED AND APPRO lED this day of , 2004. APPR ED: By: DAN COODY, Mayor ATTEST: By: Sondra Smith, City Clerk EXHIBIT "A" RZN 04-1329 Part of the West half of the Northwest Quarter of the Southeast Quarter of Section 24, Township 16 North, Range 31 West of the 5th Principal Meridian, morc particularly described as follows: Commencing at the Northwest corner of said 20 acre tract; thence East along the North line of said 20 acre tract 663 .00 feet, thence South 00 degrees 06 minutes 10 seconds East along the East line of said 20 acre tract 223 . 87 feet to the point of beginning; thence South 83 degrees 05 minutes 24 seconds West 328 .54 fect;,thence South 00 degrees 06 minutes 10 seconds East 476. 19 feet to the Northerly right of way of U, S, Highway 62; thence North 73 degrees 32 minutes 00 seconds East along said right of way 340 feet to the East line of said 20 acre tract; thence North 00 degrees 06-minutes 10 seconds West 419.34 feet to the point of beginning, containing 3 .35 acres, more or•less. The above described tract being subject to an easement for the purpose of Ingress and egress, said easement being more particularly described as follows; a part of the West Half of the NorthwestQuarter of the Southeast Quarter of Section 24, Township 16 North, Range\31 West of the 5th Principal Meridian more particularly described as follows;Commencing�at the Northwest corner of said 20 acre tract; thence East along the North line ofXsaid 20 acre tract 663 feet; thence South 00 degrees 06 minutes 10 seconds East along the East line of said 20 acre tract 223 . 87 feet; thence South 83 degrees 05 minuies�24 seconds West 278. 19 feet to the point of beginning of said easement; thence South 83 degrees 05 minutes 24 seconds West 50.35 feet; thence South 00 degrees 06 minutes 10 seconds-E sa t'476. 19 feetto the Northerly right of way of U. S, Highway 62; thence North 73 degrees 32-minutes 00 seconds East along said right of way 52. 11 feet thence leaving saidright of wayNorth 00 degrees 06 minutes 10 seconds West 46 j 48'feet to the point of beginning. • aevl le PC Meeting of December 13 , 2004 ARKANSAS ye THE CITY OF FP.YETTEVILLE, 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: December 7, 2004 RZN 04- 1329: (HOGEYE, INC., 595): Submitted by KEVIN SANTOS for property located at THE N SIDE OF HWY 62, ACROSS FROM OZARK MOUNTAIN SMOKEHOUSE. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 3 .35 acres. The request is to rezone the subject property to C- 1 , Neighborhood Commercial. Property Owner: CLIFF SLINKARD Planner: SUZANNE MORGAN RECOMMENDATION: Staff does not recommend rezoning the property from R-A, Residential Agricultural to C- 1, Neighborhood Commercial. Staff does support a recommendation to rezone the property R-O, Residential Office based on the findings herein. \\ 1 1 ( lir�t 7vlodltzoQ �1.n. t ko � - O at —+ Wa. -rneo.� PLANNING COMMISSION ACTION: Required YES Approved O Denied Date: ecember l3, 2004 w1}IAa nee TM^Q ^ '°`� to .Dc' CITY COUNCIL ACTION: Required YES O Approved O Denied Date , Iarivarv ;04; 2004 (1" reading if.recommended) BACKGROUND: Property description: The approximately 3 .35 acres of vacant property is located north of 6h Street and northeast of the Ozark Smokehouse. At this time, the property is a vacant pasture and zoned R- A, Residential Agricultural. It is affected by the floodway and floodplain at the rear of the property. Property to the north, east, and west is also zoned R-A. Property to the south is zoned R-O, Residential Office, and RMF-24, Residential Multi Family — 24 units per acre. Background: The 3 .35 acre tract of land was created in 1993 with the approval of a lot split and an accompanying conditional use permit to create a tandem lot for the remainder of the tract, north of K:IReportsl20041PC Reporu111-13-04PZN 04-1319 (Hogcye, lna).doc the subject property. In 1994, the owner of the property requested the property be rezoned C-2, Thoroughfare Commercial and approval for a conditional use be granted to allow the development of a commercial shopping center and warehouse/mini-storage. The Planning Commission denied this request (see attached materials). All surrounding property is zoned R-A with the exception of property to the south zoned R-O and RMF-24. The property currently zoned R-O was originally within the R-A zoning district. In 1988, the owner applied for a rezoning to C-2 to construct mini-storage units. The Planning Commission denied this request and the applicant did not appeal. In 1995, the owner again requested that the property be rezoned C-2. The Planning Commission denied the request for C-2, but forwarded an amended request for a rezoning to R-O to the City Council who approved the R-O zoning. Public Comment: Staff has received comments and concerns with the requested rezoning from the property owner to the north. A 50' access casement and driveway provides joint access to the subject property and the single family home to the north. Concerns raised concerns regarding potential development include type of use (hours of operation), lighting, noise from mechanical equipment, drainage into the floodplain and access by way of the existing easement. Proposal: Kevin Santos, the applicant's representative, has conveyed in the attached letter the owner's (Hogeye, Inc.) intent to develop professional office buildings on the subject property. Staff discussed with Mr. Santos the possibility of changing the request to an R-O zoning which would allow for the development of professional offices. The applicant has chosen to retain the request for a C- I zoning to allow for the possibility of developing eating places and cafes as well as office space. Request: The applicant is requesting the property be rezoned from R-A, Residential Agricultural, to C- 1 , Neighborhood Commercial. Recommendation: Staff recommends denial of the requested C-1 zoning. Staff does, however, recommend an R-O zoning district in this location based on the findings herein. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North Single-family residential R-A, Residential Agricultural South Ozark Smokehouse (nonconforming use) R-A, Residential Agricultural Single-family residential R-O, Residential Office Two-family residential RMF-24, Res. Multi-family-24 units/acre East Vacant R-A, Residential Agricultural West Vacant-Mobile Home park east of vacant lot R-A, Residential Agricultural INFRASTRUCTURE: Streets: Currently the site has access to Highway 62. At the time of development, this street will need to be brought up to current standards along the property frontage. K:IRepora120041PCReporuU2-13-04V1ZN04-1329 fllogejv, /nc.).doc 0 0 These improvements may include, right-of-way dedication, pavement, curb and gutter, storm drainage and sidewalks. Surrounding Master Street Plan Streets: North: Wilson St. (Collector) - unconstructed South: Hwy 62 (60' Street) (Principal Arterial) East: Rupple Road (Minor Arterial) - unconstructed West: None Water: The site currently does not have access to public water. The nearest water main is a 12" main to the south along Highway 62. Water service will need to be extended within the property at the time of development. Additional connections may be required to complete looped systems. Sewer: The site currently does have access to sanitary sewer. An off-site sewer main extension will be required to serve this development. There is a 12" sewer main to the north. A capacity analysis of the sewer lines downstream of the site shall be conducted prior to development. Fire: The subject property is located approximately 2 miles from Fire Station #6. Fire response time is approximately 3-4 minutes. Police: It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population density nor will it create an undesirable increase on police services. Access to this property is a concern because of the road system on Highway 62 West. The speed and road type are of concern to the Fayetteville Police Department due to the potential for accidents. LAND USE PLAN: General Plan 2020 designates this site Mixed Use. Rezoning this property to R-O rather than C- 1 is more 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 property is currently vacant and surrounded by vacant property, and residential single- and two-family dwellings. Commercial structures within the surrounding areas pre-exist the establishment of zoning and are nonconforming structures. The General Land Use Plan encourages Mixed Use developments north and south of 6'h Street. A Residential Office zoning allows for development of residential dwellings, office buildings, and eating places with the approval of a conditional use. Rezoning the property R-O K.IRepor1sU0041PC ReporuU2-13-04V?ZN 04-1329 (Hogew, Inc.).doc will allow for a mixed development compatible to the surrounding residential uses. The proposed rezoning is not consistent with future land use planning objEctives, principles, and policies for Mixed Use Areas, The Future Land Use plan identifies this area to "allow mixing of uses and integration of design through the planning process." Additionally, Ch. 9.14 states: "in the past, strip development in the areas along heavily traveled (generally state) highways has been the common pattern. If Fayetteville is to retain its identity as a unique place, strip development should be discouraged. . . ." Rezoning the property C-1 zoning in this area will permit the owner to develop commercial uses such as eating places, drive-thru restaurants, gasoline service stations, offices, and shopping areas. Staff finds that the uses allowed in the C-1 zoning district are not compatible with the surrounding uses and zoning districts at this time and will only further encourage strip commercial along 6`" Street. 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 not justified or needed. The applicant has stated the intent to develop the property for office use. Surrounding properties are developed for residential use or contain nonconforming commercial businesses. Chapter 9.12 of the General Plan states Neighborhood Commercial areas are to "enhance and regulate the appearance of neighborhood commercial areas within and adjacent to residential neighborhoods, and provide commercial uses that are accessible for the convenience of individuals living in residential districts." The lack of surrounding neighborhoods will not allow any development of this property under the C-1 zoning district to function as described in the General Plan, but will be a spot zoning that will further encourage adjacent commercial rezoning and strip development. 3 . A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The size of the subject property will limit a substantial increase in traffic danger and congestion, due to the size of development generated by 3.35 acres. However, traffic volumes in this area are high, and increasing. Planning of any future development on this site must address safe access and cross access concerns. Hwy 62, a Principal Arterial, exists directly to the south. At the time of development, improvement to this street will be required. K.V?eports12004LPC ReportsV 2-I3-04ViZN 04-1319 (Hogeye, Inc.).doe Police — Access to this property is a concern because of the road system on Highway 62 West. The speed and road type are of concern to the Fayetteville Police Department due to the potential for accidents. 4. A determination as to v.hether 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 would not substantially alter the population density in the area, based on the C-1 zoning requested. Increased load on public services were taken into consideration and recommendations from Engineering, Fire, and Police Departments are included in this report. 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 KAReports12004PC Reporu112-13-04VZZN 04-1329 (Hogeye, Inc.).doc 0 161,03 District R-A, Residential-Agricultural 161.16 District C-1, Neighborhood Commercial (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land (A) Purpose. The Neighborhood Commercial until an orderly transition to urban development District is designed primarily to provide has been accomplished; prevent wastefulscatterurg convenience goods and personal services for of development in rural areas; obtain economy of persons living in the surrounding residential areas. public funds in the providing of public improvements and services of orderly growth; (B) Uses. conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; ( 1 ) Permitted uses. and conserve open space. Unit 1 City-wide uses by right (B) Uses. Unit 12 Offices studios and related services 1 Permitted uses. Unit 13 Eating laces Unit 1 Ci -wide uses by right Unit 15 Neighborhood shopping Unit 3 Public protection and utility facilities Unit 18 Gasoline service stations and drive-in Unit Agriculture restaurants Unit 7 Animal husbandry Unit 25 Professional offices Unit Single-family dwellings ' Unit 9 Two-family dwellings (2) Conditional uses. Unit 37 Manufactured homes Unit 2 City-wide uses by conditional use Permit 2 Conditional uses. Unit 3 Public protection and utility facilities Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 4 Cultural and recreational facilities Unit 34 Liquor stores Unit 20 Commercial recreation, large sites Unit 35 Outdoor music establishments Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 36 Wireless communicafions facilities , (C) Density. None. C Densily. Units per acre I One-half (D) Bulk and area regulations. None. D Bulk and area regulations. ( Lot width minimum 200 ft. E) Setback regulations. Lot Area Minimum: Residential: 2 acres Front 50 ft. _ Nonresidential: 2 acres Side None -lot—area per dwellingunit 2 acres Side, when contiguous to a residential 10 ft. district Rear 20 ft. (E) Setback requirements. (F) Height regulations. There shall be no Front Side Rear maximum height limits in C- 1 District, provided, 35 ft. 20 ft. 35 ft. however, that any building which exceeds the height of 10 feet shall be setback from any (F) Height requirements. There shall be no boundary line of any residential district a distance maximum height limits in the A-1 District, of one foot for each foot of height in excess of 10 provided, however, that any building which feet. exceeds the height of 15 feet shall be setback from any boundary line of any residential district a (G) Building area. On any lot the area occupied distance of 1 .0 foot - for each foot of height in by all buildings shall not exceed 40% of the total excess of 15 feet. Such setbacks shall be measured area of such lot. from the required setback lines. (G) Building area. None. K:IReporuLW04PC ReporuI12-13-04PZN 04-1329 (Hogeye, Inc.).doc