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 =`� '.
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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
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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