HomeMy WebLinkAboutOrdinance 4667 ORDINANCE NO, 4 6 6 '
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 04- 1331 FOR PROPERTY LOCATED
AT 3513, 3515 AND 3517 WEST 6T" STREET CONTAINING
APPROXIMATELY 0.80 ACRES FROM R-A, RESIDENTIAL
AGRICULTURAL AND C-2, THOROUGHFARE COMMERCIAL
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 and C-2, Thoroughfare
Commercial 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 I above.
PASSED and APPROVED this 4"' day of January, 2005 .
APP VED :
By:
D GOODY, Mayor
ATTEST: % �RVCITRSry,,�
hv' G�SY OF•Gp �i
:U •
By: A a4me ; FAYETTEVILLE •
SONDRA SMITH, City Clerk �.
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Doc ID : 008123840002 Type : REL
Recorded : 02/01/2005 at 02 : 14 : 02 PM
Fee Amt : 811 . 00 Pace 1 of 2
Waehlnoton county . AR
Bette stamos circuit clerk
F11e200540004794
EXHIBIT "A"
RZN 04-1331
PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19,
TOWNSHIP 16 NORTH, RANGE 30 WEST AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT WHICH IS 871 .65
FEET EAST AND 143 .22 FEET NORTH OF THE NORTHWEST CORNER OF SAID
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, SAID POINT BEING ON
THE SOUTH RIGHT OF WAY OF U.S. HIGHWAY 62 AND RUNNING THENCE
SOUTH 74 DEGREES 9 MINUTES WEST 177.34 FEET ALONG SAID RIGHT OF WAY;
THENCE SOUTH 21 DEGREES 30 MINUTES EAST 196.2 FEET; THENCE NORTH 74
DEGREES 9 MINUTES EAST 177.34 FEET; THENCE NORTH 74 THENCE NORTH 21
DEGREES 30 MINUTES WEST 196.5 FEET, TO THE POINT OF BEGINNING.
CONTAINING 0.80 ACRES MORE OR LESS, INCLUDING MINERAL RIGHTS.
Washington County, AR ,
I certify this Instrument was filed on
02/d1 /2005 02: 14:02 PM
and irecorded in Real Estate
File iNumber 2005-00004794
Bette Sta - Circuit Clerk
by
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City Council Mee* of January 04, 2005 1146G7
Agenda Item Number. ��N 41 -1
CITY COUNCIL AGENDA MEMO.
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Interim Zoning and Development Administrator
Date: December 15, 2004
Subject: Rezoning for Bale (RZN 04- 1331 )
RECOMMENDATION
The Planning Commission recommends approval of an ordinance rezoning
approximately 0. 80 acres of property from R-A, Residential Agricultural and C-2,
Thoroughfare Commercial to C- 1 , Neighborhood Commercial. Staff recommended denial
of the original request to C-2, Thoroughfare Commercial.
BACKGROUND
Property description: The subject property consists of 0.80 acres with three (3) large
vacant warehouse/commercial structures fronting onto Hwy 62 (6'" Street), west of
Dinsmore Trail in west Fayetteville. The structures are nonconforming, both in location
and intended use. The structures have been vacant for more than six months, and thus
only uses permitted within the existing zoning district (R-A) are allowed. The entirety of
the property is located within the 100-year floodplain, approximately 0. 15 miles west of
the Lowe' s C-PZD on 6 s Street (Hwy 62). Properties in this area have experienced
flooding in the past due in part to the existing development located in the floodplain and
floodway constructed prior to current floodplain and drainage regulations. As noted on
the zoning maps attached, a portion of this property is zoned C-2 and a portion is zoned
R-A, Residential Agricultural; the majority is R-A property, and has been zoned as such
since 1970. The subject parcel excludes a small portion of existing R-A to the west along
Hwy 62, as well. The property is bordered to the south and west by an expansive
automobile salvage yard (an existing nonconforming use in a C-2 district). To the north
the subject property is bound by Hwy 62 and a Tire & Auto shop, along with other
commercial developments, all of which have existed since before 1970. To the east is a
property with a single family house, recently rezoned from R-A to C- 1 .
Proposal: The applicant proposes a rezoning of the subject property to facilitate
commercial uses in the existing nonconforming structures.
Request: The request is to rezone the subject property from R-A, Residential Agricultural
and C-2, Thoroughfare Commercial to C-2, Thoroughfare Commercial.
City Council Meog of January 04; 2005
Agenda Item Number .
DISCUSSION
This item was heard at the regular Planning Commission on December 13, 2004. No
public comments were received. The Planning Commission voted 5-3'-0 to recommend to
the City Council approval of rezoning request to C- 1 , Neighborhood Commercial, as
opposed to the requested C-2, Thoroughfare Commercial. Additional information that
was not previously provided to staff has been included in the attached report.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04- 1331 FOR PROPERTY
LOCATED AT 3513, 3515 AND 3517 WEST 6TH STREET
CONTAINING APPROXIMATELY 0.80 ACRES FROM R-A,
RESIDENTIAL AGRICULTURAL AND C-2, THOROUGHFARE
COMMERCIAL TO C- 1 , NEIGHBORHOOD COMMERGIAL.
y
BE IT ORDAINED BY THE CITY COU, NCIL F THE CITY OF
FAYETTEVILLE, ARKANSAS: t/ \
\Section 1 : That the zone classification of the f\ollowing described
property is hereby changed.as\flows: \\
From R-A, Residential Agricultural and C7�2„T\o ighfare Commerrccial to C-1,
Neighborhood Commercial as shown in Exhibit "A” attached hereto and made a
part hereof.
Section 2. That itie official zoningmap�of the City of Fayetteville,
Arkansas, is hereby amended to reflect the zoning change provided in
Section 1 above.
r~
1
PASSED ANDA PROVED this day, of , 2004.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
Sondra Smith, City Clerk
EXHIBIT "A"
RZN 04-1331
PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19,
TOWNSHIP 16 NORTH, RANGE 30 WEST AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT WHICH IS 871 .65
FEET EAST AND 143 .22 FEET NORTH OF THE NORTHWEST CORNER OF SAID
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, SAID POINT BEING ON
THE SOUTH RIGHT OF WAY OF U. S. HIGHWAY 62 AND RUNNING THENCE
SOUTH 74 DEGREES 9 MINUTES WEST 177.34 FEET ALONG SAID RIGHT OF WAY;
THENCE SOUTH 21 DEGREES 30 MINUTES EAST 196.2 FEET,; THENCE NORTH 74
DEGREES 9 MINUTES EAST 177.34 FEET; THENCE,NORTH 74 THENCE NORTH 21
DEGREES 30 MINUTES WEST 196.5 FEET,/TO-THE POINT OF'�BEGINNING.
CONTAINING 0.80 ACRES MORE OR LESS INCLUDING MINERAL`RIGHTS.
aye eV11 PPC Meeting of December 13 , 2004
ARKANSAS
THE CITY OF FAYETTEVILLE . ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Senior Planner
Brent O'Neal, Staff Engineer
THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator
DATE: December 08, 2004
RZN 04-1331 : (BALE, 596): Submitted by LISLE LAW FIRM for property located at 3513 ,
35157 AND 3517 W. 6TH STREET. The property is zoned R-A, Residential Agricultural and
C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.80 acres. The request
is to rezone the subject property to C-2, Thoroughfare Commercial.
Property Owner: PATRICIA BALE
Submitted on behalf of: LESTER W. BALE SALES CO.
Planner: JEREMY _PATE
RECOMMENDATION:
Staff recommends denial of the requested rezoning to C-2 Thoroughfare Commercial,
based on the findings included as part of this report. The Planning Commission voted 5-3-
0 to recommend to City Council a rezoning of the subject property to C-1, Neighborhood
Commerical.
PLPIA1NNING COMMISSION ACTION: Required YES
5-b-0 a,tcmN+�dv{toa .�'xG - L • '
Date: Mccember 131 .2004 O Approved O Denied
CITY COUNCIL ACTION: Required YES
0Approved 0Denied
Date: .4anuary ' 4, 2004 (Is' readine;if.recommendedl
Comments:
K:IReporul2004PCReportsil2-13-04W7rVO4-1331 (MLE).doc
BACKGROUND:
Property description: The property under review consists of 0.80 acres with three (3) large
vacant warehouse/commercial structures fronting onto Hwy 62 (61h Street), west of Dinsmore
Trail in wes: Fayetteville. The structures are nonconforming, both in location and intended use.
The structures have been vacant for more than six months, and thus only uses permitted within
the existing zoning district (R-A) are allowed. The entirety of the property is located within the
100-year floodplain, approximately 0. 15 miles west of the Lowe's C-PZD on 61Street (Hwy 62).
Properties in this area have experienced flooding in the past due in part to the existing
development located in the floodplain and floodway constructed prior to current floodplain and
drainage regulations. As noted on the zoning maps attached, a portion of this property is zoned
C-2 and a portion is zoned R-A, Residential Agricultural; the majority is R-A property, and has
been zoned as such since before 1970. The subject parcel excludes a small portion of existing R-
A to the west along Hwy 62, as well. The property is bordered to the south and west by an
expansive automobile salvage yard (an existing nonconforming use in a C-2 district). To the
north the subject property is bound by Hwy 62 and a Tire & Auto shop, along with other
commercial developments, all of which have existed as C-2 since before 1970. To the east is a
property currently before the City Council for a rezoning request, and consists of a single family
house.
The applicant directly to the east (Medley) recently requested a change in zoning from R-A to C-
2, just as the current applicant is requesting. Staff recommended denial of this request based on
its incompatibility with the Land Use Plan and policies, among other findings therein (see
attached). The Planning Commission voted 7- 1 -0 to forward the request to the City Council with
a recommendation for C- 1 , as opposed to the requested C-2. On December 07, 2004, the City
Council voted to approve an ordinance rezoning this adjacent property to C- 1 , Neighborhood
Commercial.
Proposal: The applicant proposes a rezoning of the subject property to facilitate a new use within
the existing structures on the property, based on conversations with the applicant.
Request: The request is to rezone the subject property from R-A, Residential Agricultural to C-2,
Thoroughfare Commercial
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Hwy 62, H&R Tire & Auto C-2, Thoroughfare Commercial
South Auto salvage yard C-21 R-A
East Sin le FamilyHome R-A
West Auto salvage yard R-A, C-2
INFRASTRUCTURE:
K.,Mepora12004PC Repone111-13-04V?ZN 04-1331 (WE).doc
Streets: Currently the site has access to 6"' Street. At the time of development,:this street .
will need to be brought up to current standards along the property frontage. These
improvements may include right-of-way dedication, pavement, curb and gutter,
storm drainage and sidewalks.
Water: The site currently does have access to public water. The nearest water main is a
12" main to the north along Highway 62 (6'" Street). Water service will need to
be extended within the property at the time of development.
Sewer: The site currently does not have access to sanitary sewer. An off-site sewer main
extension will be required to serve this development. The nearest sewer main is a
6" main to the west along Highway 62 (6'h Street). A capacity analysis of the 6"
sewer downstream of the site shall be conducted prior to development.
Fire: The subject property is located 1 .4 miles from Fire Station #6. Fire response time
is approximately 2-3 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 West Sixth Street. The speed and road type are of concern to the
Fayetteville Police Department due to the potential for accidents but we do not
believe this should prohibit the rezoning request.
LAND USE PLAN: The Future Land Use Plan designates this site for Mixed Use. Rezoning this
property to C-2 is not consistent with the land use plan.
FINDINGS OF THE STAFF
1 . A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The proposed 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. . .," The existing
zoning and land use decisions for nearby properties were made under at least
three different General Plans, and reflect a wide variety of General Plan
policy in the City. Several surrounding properties have for the most part
K:VZeporv120041PC ReporzU2-13-04PZN 04-1331 (MLE).doc
0
existed in situ for over 30 years, and consist of.many nonconforming uses
that were established prior to the adoption of more current zoning
regulations in 1970. Property removed to the east is the most recently zoned
in the immediate vicinity (1987), under a different General Plan. And yet
another policy decisicn to rezone the Lowe's site to C-PZD (2002) further :a
the east combined land use and development plans together, allowing for a
large Tree Preservation area and other improvements to be added. Staff
finds continuing a C-2, Thoroughfare Commercial zoning district along the
frontage of Hwy 62 in this location does not comport to the Future Land Use
plan guiding policies and strategies for implementation established today.
Rezoning of the property should not solely be based on existing,
nonconforming uses that do not reflect the city's guiding policies and Land
Use Plan, which is evident both on and around this parcel.
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's stated intent
is to rezone the property to allow for a new use in the existing nonconforming
buildings. Rezoning the property will not create a conforming structure;
rather, it will change the uses, setbacks and bulk and area requirements
allowed on the subject property. The property is located entirely within the
100-year floodplain as regulated by FEMA; future new development of any
kind will have certain restrictions imposed upon it both by the city and
FEMA based on its location in the floodplain.
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 great increase in traffic danger
and congestion, due to the size of development generated by 0.80 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 north. At the
time of development, improvement to this street will be required.
Police — Access to this property is a concern because of the road system on West Sixth
Street. The speed and road type are of concern to the Fayetteville Police
Department due to the potential for accidents but we do not believe this
should prohibit the rezoning request.
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.
K. IReporul2004WCReporail2-13-04VZZN04-1331 (MLE).doc
Finding: The proposed zoning would not substantially alter the population density in
the area, based on the C-2 zoning requested. Public service providers have
responded accordingly:
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.
Fire — Response time to the subject property (actual drive time) is approximately 2-3
minutes (approx. 1 .4 miles) from station #6.
Engineering - Currently the site has access to 6`h Street. At the time of development, this street
will need to be brought up to current standards along the property frontage. These
improvements will include right-of-way dedication, pavement, curb and gutter,
storm drainage and sidewalks.
The site currently does have access to public water. The nearest water main is a
12" main to the north along Highway 62 (6w Street). Water service will need to
be extended within the property at the time of development.
The site currently does not have access to sanitary sewer. An off-site sewer main
extension will be required to serve this development. The nearest sewer main is a
6" main to the west along Highway 62 (6c' Street). A capacity analysis of the 6"
sewer downstream of the site shall be conducted prior to development.
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: Staff is recommending denial of the subject request, and finds there are no
peculiar or extenuating circumstances which justify the rezoning.
KARepor[s120041RC ReporaI12-13-04WZY 04-1331 (MLE).doc