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
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
(21 Conditional ucec
Unit 2
City-wide uses by conditional use permit
Unit3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 13
Eating places
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)
(I) 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.
Manufactured home park
3 acres
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
(3) Land area Der dwellinv 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
K. IReportst2004lPC Reports%12-13-04RZN 04-1329 (Hogcye, Inc.).doc
(D) Density.
Units per acre I 4 to 24
(El Setback regulation.
Front
Soft.
Front, !f 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.
N NNNNNZ'�
Z Z Z Z Z Z x
o O o O o 0 o .
A A A A A A A O
J J a a J J a a
w w w w w w w a
W W W W N Ot W
W N-' O O W A
C
W W D) CO N w N i
CD `G N N
N N a N( C a
x� o;�cu
m m
-'-I
Z
A
w
A
w O P 0)
t a aD w
n
(j)(1)fn(nW (1)(!)V!(
N(1)W v 8)b b �.-
� N �
V A A
3 33
(D (D CD
0, 0,0
y
J J
a
•V r r r r r i
N 3 W W A-. -s W
3 3 3 3. N N5_a55 5E
C (DCC C g J= CC
— '� — '+
0 00' CDOOU
y y
N O) N
O W O J O O O C
000 O wOwo
toN)
A N
Co
� c
CO
3
f
C
a p
o<
i
)
0
0
m
x
c
0
n
w
O
O
•
p
m
m
y
G
0
Pt
3
E
0
-US
52
0
on
y
S
•
.mm
m
m
3
m
m
O
x
a
a
a
3
s
o
flu!
m
m
3
0
=m
..
6
m
^o
O
a
MMOC)m
O
m
S
3
m
m
o
0
a
a
a3(o()ra
m
m
x
Z
m
=__a.
0
l
m
O
C
c
m
0$
n
1
3
m
w
m
�
m
o
a
m
_a
x
y
3
y
1
m
a
O
3^
3
m
2
O
n
m
S
3
^
m
m
m
n
m
Cu? q3 --3E5
is?
0
r v
+ L C
- Y N Y a C
oC VO OC 1Y�-a.Ua_.- -
` e >>` _ a a a a r n
Z^ v e- a v 0 --. a- 0 a v O o o - ..- ^✓ r Y --iryl •O
m -. O.. a V✓ Y Y T a+ -' T --
-.- Y O 1 0 C W a -. .- 0 a a a .. -- 0 i-
y � Y i O a L Y N O Y^ i
_Y uu.. a . ._.a M1 G0 oPi
- a• a .. N C. r a..+ e-. r- �- _ r _ O
YV Yaryuaef _ .YMY yV GPa
r - `e -V--ov YN - - O
as-- 0_ a Y • O a. C_O-r M _T _T+Coae T - _O_
2-. T _ V O 0- N• a
v a- a ClV rv. R+ P. i W T C. V m_ Y •0 O 4
- O V a
OO a+a.f- - O ZN aay-Y6 a
a_Y✓O a_
y l u O a -- fl O -
Y~ Y r Y a O P Z+ - a a. a as a. ry p
N a_ i_ a N N r a Y ai P z --aa
m C r-
a
O_ _✓ 0 N v a a
a_ a M r C- - W-- M1 a C
Y -CamN r N.-aa a a.
_ _ > G V W_ a. Ca
-
r L C 2 O O C-. • -- -
-aa-a CY\.aOVOCtV --a ^Y a. a.
'!' v V ' a • (a
a N Y Y V Y O- • V
Y a. -a V_GO .-V Y_ 4YYu - OW aO
Y N a a
a
Y CO N Y 0
Ov VaaM� 'CQY VD _ Tv
C •C..a a- -- T r ry P_ a o a a a
- N •. -- C N P + 6 m a s .- a
ua Y C ..- r c — a .`- � J- C i n - a - r
= a a+ C m a 6_ a a a M m a 0 a Y
-r-< Y N O O W i aryl m a e -a a_ -WI V W v-ryl-a N 2—✓
Co
CW
-
- ll-
\ sP
2
T -- Y
0
-
0 �
COZp
-
a"e
9
T
C
+
O
C a
o
c - L
w
m
Y -
+
- - -a aa.
P_
L
.-r
-C a
-a
m
O
Y
0
C
.
O
a C •- Y
2 - O a_
a
Y•
O
O a C
a
C Y - a
a.
=aV
- N
W
F
n
0
w
N
S
91
(Iron &2SLQ.0N
�• Y O
• C Y
� • Y
a
Y •. 0 an J _ Va
.- •Y C Y e
�'Na^--a lel-0'0
nY-- eZY
PN
ClOa
Y Y __ O'er O
H.0 a�l-`00
r a TV=
• C C P m- a
00 V - N V L a
ry Y_ Q o —
Y \ W i i
e + Y •WV -G- - P
O Y Wi v YO -
_ a
m a.
e m a P
0 N + a..- a
2 v 'Y- a C
W Cc-'>_
a s Y\ W Y Y a
- O Y + \ a
• -. .--- Y .- 0
m o a O W-- a
C O N -Y- a a N Y C
Y' -- 0 C a i a- C -
e - ' (al Y O — -.
y an Y m a in S --
a
C.
2
Y
a Z
C
g
0
w
-
0
-
O
o
W
z
U
IITT
•
o
o
y
%
a i Y Cl Y N
O •
a i 0- -Tl T- -'. - Y_
-.+V -a+
Y-- + m -N-
i - v a -'aa 0 a a a i a O" 0� --
- h- ^ 0-- a C a+ Y Y t Y a
Y N a O- C N O\ -1 a a a a. .
-aV 7aV+C a. 0— Y -G -a
O 0 Y Y a i V - ` T
O • -- a- a v O ry a- Y O a a
.
.'. r .-- M1 C - O 0 0 0 V C• m e a o a- a. a Ca a--e(aC. Cs C -C
- L— a- a C Y .. �
a
\_O-v
O C m a a\ a a a. -Y- O -a- C.a a a_ a
a
a- -. C a.
O Y -- W -O- a Y a a..
o
Y a.- a a a. O an M i E O
y -- a. C C 0 Y D - S-
_ r
} -- a
a r a \ a a a -O- O a+ a a Y
Z N •l Y a O W a P✓ q Y Y O O
r aa-G-OVOS-'• YP-+a 2
\ 6 a N r` Y Y a_ _
2 Y - a _ 0 _ 5 0, 00 -- _ _ o
Y a-aC c • O a YOL_a
a. a ' a
D 0 Y 0 O O+ a a Y
iO2�'-IOO-.Gr Om- maa. a -in aC
a .- i. a a. .- Tiara w -v- a a ^
✓ -
a a • a..ia o ae a_a a- m.a
arl` a-
-aa-Y �CY ---- as laO0rC6
•
` a a r ----------a
C a.a m V P •C C. a-� '}a i s
r a- N s. Y Y -- V - -- ra. a
August 31, 1994
Marilyn A. Larr, Trustee
c/o Laura Huston
Merchants National Bank
P.O. Box 17007
Fort Smith, AR 72917
Dear Ms. Larr,
At the July 11, 1994 Fayetteville Planning Commission meeting,
your rezoning request, R94-39, submitted in conjunction with a
Conditional Use request, wxde�nezblrheommssa.
I have enclosed a copy of the minutes of that meeting for your
records. Should you have any questions regarding this matter,
please feel free to contact this office.
Sincerely,
Ma.At t4jwztLL
Marianne Ezell
Planning Secretary
Encl.
cc: WBR Engineering
26 W. Center Ste. 212
Planning Commission
July 11, 1994
Page 14
PUBLIC HEARING FOR REZONING R94-39 & CONDITIONAL USE CU94-17
MARILYN A LARR - N OF W 6TH ST, W OF DINSMORE TR
The next item was a public hearing for rezoning petition R94-39 and Conditional
Use CU94-17 submitted by Laura Huston on behalf of Marilyn A. Larr for property
located on the north side of West 6th Street, west of Dinsmore Trail. The R94-39
request was to rezone 3.35 acres from A-1, Agricultural to C-2, Thoroughfare
Commercial and the CU94-17 request was for a warehouse in the proposed C-2 zoning
district.
Mr. Santos advised the, property was currently undeveloped and located north of
U.S. Highway 62 across from Hoot Owl Lane. He noted the rezoning request for
thoroughfare commercial was in order to develop a commercial shopping center and
office along the front of the lot. He stated a separate conditional use request
to allow a warehouse for the storage of construction equipment at the rear of the
lot was also being requested.
Mr. Santos pointed out that approximately 25% of the lot, the rear north portion,
was in a special flood hazard area (the 100 -year flood plain). He further stated
the front of the lot was approximately 8 to 10 feet below the grade of Highway
62 which would require extensive grading to guarantee adequate site distances for
ingress/egress into the 55 mph traffic on Highway 62. He stated the single-
family home to the north of the site was accessed via a 52 -foot easement along
the western side of the subject property and water and sewer lines to the home
ran approximately through the middle of the subject property.
Mr. Santos advised the purpose of C-2 zoning was to encourage the functional
grouping of commercial enterprises catering primarily to highway travelers. He
A� noted that adjacent land uses were a single-family home to the north, A-1 land
developed with the Ozark Mountain Smokehouse to the south, and A-1 vacant land
to the east and west. He added the site was served by a 10 -inch sewer line and
a 12 -inch force main and a 12 -inch water line along the highway which was
designated a principal arterial. He advised the staff's determination was the
requested rezoning did not meet the criteria for grouping of commercial
enterprises since it was not adjacent to or near other commercial property. He
further advised the City's Future Land Use map showed the area to be residential
in the future.
Mr. Santos stated the site was 1 1/2 miles west of the U.S. 71 Bypass which
placed it beyond the area recommended in the General Plan 2010 for the Highway
62/71 Bypass commercial activity center. He contended establishing commercial
zoning so far west (less than a quarter of a mile from the City of Farmington)
would establish anchor points for a linear commercial strip violating the General
Plan's concept of the multiple activity center and encouraging linear commercial
development. He noted flooding and grading concerns added to the property's
unsuitability for commercial development and contended property zoned for
commercial use which was more suitable for commercial development was readily
available between the subject tract and the Bypass. He stated the staff
recommended denial of the requested rezoning.
Bill Rudasill, representing the petitioner, advised the petitioner was under
contract for purchase of the land conditioned upon the rezoning being approved.
He pointed out the property was located on a major thoroughfare and advised the
petitioner felt the proposal was the best use for the property. He noted in
regard to the 2010 Plan, the proposed commercial zones had already been extended
beyond what was shown in the Plan to within approximately a half of a mile of the
subject property. He further stated the Farmington area was a quarter mile to
the west and commercially zoned. He noted the utilities across the site would
be relocated if necessary to facilitate the proposed development. He added every
Planning Commission
July 11, 1994
Page 15
effort would be made to buffer the residence area and pointed out the flood plain
area on the site would provide greenspace.
Mr. Rudasill further advised the potential developer planned to utilize one of
the warehouses for maintenance on his equipment. He noted it would all be
indoors and the warehouse would be insulated to help muffle the noise. He added
the other primary use for the warehouse would be storage for commercial type
businesses with construction related products such as air conditioning units to
be sold to construction companies.
Mr. Allred advised one of the Commissioners (Ms. Johnson) had left the meeting
at this point and noted a vote of 5 out of the 6 Commissioners left remaining
would be needed to approve any rezoning. He noted the remaining rezoning
petitioners present had the option to request their items be tabled until the
next meeting.
Mr. Rudasill advised the petitioner he was representing would like the Commission
to proceed with the rezoning request.
Randy Holiman, an adjacent property owner, advised his utility lines crossed the
subject property and the access easement to his residence ran along the side of
the subject property. He expressed opposition to the proposed warehouse for
maintenance of equipment because of the potential for noise problems and the
current problem of standing water after a rainfall in the exact location of the
proposed maintenance shop. He pointed out the only access to their residence was
via this road and contended that, if heavy equipment traveled it, there would be
potential damage to the road especially when mud was present.
Freda Poore, an adjoining property owner, expressed concern that the Planning
Commission were sending out mixed signals in regard to commercial development in
the area. She advised she had been denied a rezoning to commercial on property
next to the Ozark Smokehouse in the recent past and noted her opinion was that
residential was not a good use for the land because of the 4 -lane highway. She
advised that, if the subject petition were approved, she would be submitting a
commercial rezoning petition for her property across the street since a
commercial development there would be detrimental to her residential property.
MOTION
Mr. Nickle made a motion to deny rezoning request R94-39.
The motion was seconded by Mr. Suchecki.
The motion carried 6-0-0.
Mr. Allred advised the conditional use request which had been submitted in
conjunction with the rezoning would not be discussed since the rezoning petition
was denied.
W
••
November 1, 2004
Fayetteville Planning Commission
113 W. Mountain Street
Fayetteville, AR 72701
Dear Planning Commissioners:
I am representing Mr. Cliff Slinkard, dba Hogeye, Inc., with a request for the rezoning of the described
property from A -1 to C - 1 zoning. Mr. Slinkard recently purchased the parcel from Laura Houston,
Trustee of the Marilyn Day Larr Trust The 3.35 -acre property is currently vacant pasture, and is
located on U.S. Hwy. 62 W, adjacent to the City of Farmington. This property is designated for mixed
use on the Fayetteville Future Land Use plan.
I propose that agricultural zoning is no longer an appropriate use for property fronting the five -lane U.S.
Highway 62. This is now a prime commercial location, largely because of infrastructure built, including
the highway, to support more intensive land use. Water is available from a 12 -inch waterline on U.S.
Hwy. 62 at the front (south) of the parcel, and sewer service is available from a 12 -inch sewer fine at
the rear (north) of the parcel. A small, 3.35 -acre parcel is especially impractical for use as pasture.
Land uses are mixed along the stretch of U.S 62 leading to Farmington, including trailer parks, big box
retail, industrial, car lots, and music and dance dubs. It could be argued that some of these uses are
nuisances, and certainly few of them have been built to Fayetteville's current development regulations.
Hogeye, Inc. proposes to build a professional office park on this site. I have provided photos of an
office complex developed by Mr. Slinkard in Rogers, AR, which he plans to replicate at this site. It will
be an attractive development that we will all be proud of, built to comply with all of Fayetteville's
development regulations. Mr. Slinkard plans to hire Mandy Bunch, P.E. to perform the engineering
work for the development A professional office park is one of the few uses not yet existing in this
mixed use area, and would be compatible with a large residential development nearby which recently
gained approval from the Planning Commission.
I believe that Farmington recently rezoned the entire U.S. 62 corridor through their city as C -2 zoning,
admitting that thoroughfare commercial zoning is appropriate for a U.S. highway thoroughfare. As a
professional planner and a concerned citizen, I believe we can help the Fayetteville part of this
thoroughfare develop with a variety of zoning districts allowing less intensive land use than C — 2. That
is why lam asking you to support this request for C —1 zoning to allow Hogeye, Inc. to build a modern,
attractive, professional office park
Sincerely,
K
Kevin Santos, AJCP
r
o
ot
• • Page I of I
file://F:\Marketing\PHOTOS\architectural\H F A\Cambridge%20Crossing\Front%20 V icw... 10/22/2004
RZN04-1329
One Mile View
Overview
-
-
• HOGEYE, ?VC.
I � 4
R A RSFd
1 I
SUBJECT PROPERTY
RA
RSF-
RSF-4 RAF -24
• 4.
_`..._.rte c-2:
..o.. - j C.2
ffi35FJ RSFd
' SHEW RD
--R
VSHE
RA
Legend Boundary Master Street Plan
Subject Property .-.�� planning Area Master Street Plan
RZN04-1329 c00004, = Freeway(Exwessway
ovenay Diseict
W.)po4 sprvidvelMwial
Outside City ® MnorARerial
— — Cdledw
• • •• Historic Cdtectw
0 0.1 0.2 0.4 0.6 0.8
Miles
Rrt ;.LL
L1 C-2
ROI G2
24
i
r -/
Ar
S City of Fayetteville •
Staff Review Form
City Council Agenda Items
Contracts
4 -Jan -05
City Council Meeting Date
Jeremy Pate Y Planning Operations
Submitted By Division Department
Action Required:
An ordinance approving RZN 04-1329 submitted by Kevin Santos for property located on the north side of Hwy. 62
across from the Ozark Mountain Smokehouse containing approximately 3.35 acres from R -A, Residential Agricultural
R -O, Residential Office.
$0.00
Cost of this request
n/a
Account Number
n/a
Category/Project Budget
n/a
Funds Used to Date
n/a
Program Category / Project Name
n/a
Program / Project Category Name
n/a n/a n/a
Project Number . Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached 1
IZ-Zo-<94
Department irector Date
12-il-
Cit Date
Previous Ordinance or Resolution # n/a
Original Contract Date: n/a
Original Contract Number: n/a
Received in City Clerk's Office
From: Clarice Pearman
To: Pate, Jeremy
Subject: RZN 04-1329
Attached is the ordinance passed by the City Council on January 4, 2005 regarding rezoning of 3.35 acres
as submitted by Hogeye, Inc.
I
NORTHWEST ARKANSAS EDITION
"Nortkwest Arkansas' Most Widely Read Newspaper"
FFIDAVIT OF PUBLICATION
I, *, do solemnly swear that I am the
Legal 014k of the A ' nsas 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:
Cyyno n d0'4(G40/10 was inserted in the regular editions on
PO#
** Publication Charge: $
Subscribed and sworn to before me this
day of �.
n
2005.
Notary Public
Sharlene D. Williams
My Commission Expires: Notary Public
State of Arkansas
My Commission Expires
October 18, 2014
** Please do not pay from Affidavit.
An invoice will be sent.
RECEIVED
JAN 2 4 2005
WY OFFAVETTE'
CITY CLERK'S OFFICE
P.O. BOX 1607•212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-442-1700 • 479-442-5477 (FAX)
ORDINANCE NO. 4666
DE ORDINANCE REZONING THAT PROPERTY e gle
DESCRIBED INRONtNQ
LOCATED NTIRON RZN ORTh SIDE O9
FOR PROPERTY 6TH STREET ACROSS FROMTHE ThE NOZARKSIMOUNTHIN SMOKEHO4JSE CONTAINING APPROXIMATELY
3.35 ACRES FROM R -A. RESIDENTIAL AGRICUL-
TURAL TO R -O, RESIDENTIAL OFFICE
BB R ORDAINED BY THE CRY COUNCIL OP THE CRY OP FAYETTEVILLE.♦RN U1UMUN
Section 1: That the zone dasdfoadon c: the foflay.lng described Property IS hereby changed as 10110.4:
From R -A, Residential Agricultural to fl -C, Residential Office as shown h E#Ildl'AR attached hereto and
made a part hereof. .
Section 2: That the ofeda zoning map of the City of Fayetta4lle. Arkansas, iis hereby emended to reflect
the zoning charge prdNded o Section 1 above.
PASSED Ann APPROVED the 4th day of January, 2005.
By:
DAN COODY, Mger
ATTEST:
T 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 foYows: COmmencing
at the Northwest corner of said 20 acre tract: thence East along the North line of said 20 acfa tract
663.f Said 20 aCre
tract022 07 beet to the point at beginning; hence Soith 00 degrees l thence South 83 denutes 10 seconds greesn05 ming the �estu 24 ne oseconds West
328.54 feet; thence South 00 degrees 06 minutes 10 seconds East 478.19 feet to the Northeiy 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 sold 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 P.✓pose of Ingress and egress, said easement being more pani-
ulaiy described as fo ows; a part of the West Half of the Northwest Quarter of the Southeast Quarter of
Section 24, Townstp 16 North, Range 31 West of the 5th Principal Meridan more particularly described
as foiows; Commenting at the Northwest comer of said 20 acre tract; thence East along the North Ilne
of said 20 acre tact 663 jest; thence South 00 degrees 06 minutes 10 seconds East Wong 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 p01nt of beginning of said easement; thence South 63 degrees 05 minutes 24 seconds West 50.35
feet: thence South 00 degrees 06 minutes 10 seconds East 476.19 feet to the Natlhe ty right of way oA
U. S, Highway 62; thence North 73 degrees 32 ntlnutea- seconds East song said right of way 52.11
feet; thence leewng said right of way North CO degrees minutes 10 seconds West 467.48 feet so the
point of begMog. /
I
E
a