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HomeMy WebLinkAboutOrdinance 4678 1 ORDINANCE NO. 4678 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 05- 1358 FOR PROPERTY LOCATED AT 1208 N. GARLAND AVENUE CONTAINING APPROXIMATELY 0.24 ACRES FROM C- 1 , NEIGHBORHOOD COMMERCIAL TO C-2, THOROUGHFARE 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 C- 1 , Neighborhood Commercial, to C-2, Thoroughfare 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 15`x' day of February, 2005. „�annrrp,�� APPROVED: •'bly � c'• Gp By: ; FAYETTEVILLE ; ? DANCOODY, ayor ATTEST: ,,syyso */fANSPOJ�', .,,ANG; ON1610110% ,G0' By: SO DRA SMITH, City Clerk IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII Recorded : 04/08/200SOatT10e58p20 AM Fee Amt : $11 . 00 paoe 1 012 We ehlnoton county . AR Bette Stamoe circuit Clerk F11e2005-00014933 EXHIBIT "A" RZN 05-1358 PART OF THE SOUTHWEST QUARTER (SW '/4) OF THE NORTHWEST QUARTER (NW ''/a) OF SECTION NINE (9), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST DESCRIBED AS FOLLOWS : BEGINNING AT A POINT WHICH LIES 320 FEET EAST AND 870.37 FEET SOUTH OF THE NORTHWEST CORNER OF SAID FORTY (40) ACRE TRACT AND RUNNING THENCE SOUTH 89044536"EAST 208 FEET; THENCE SOUTH 51 .23 FEET; THENCE NORTH 89°44'36"WEST 208 FEET; THENCE NORTH 51 .23 FEET TO THE POINT OF BEGINNING, CONTAINING 10,658 SQUARE FEET OR 0.244 ACRES, MORE OR LESS, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. TOGETHER WITH ALL APPURTENANCES THERETO, INCLUDING BUT NOT LIMITED TO, ALL RIGHTS REFLECTED IN THAT REAL ESTATE CONTRACT DATED JUNE 139 1964, BETWEEN J. AUSTIN PARISH AND ETHEL R. PARISH, AS SELLERS, AND SUPER MARKET DEVELOPERS, INC., AS BUYER, WHICH REAL ESTATE CONTRACT IS RECORDED IN RECORD BOOK 622 AT PAGE 46 AND FOLLOWING IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER FOR WASHINGTON COUNTY, ARKANSAS. Washington County, AR I certify this instrument was filed on 04/08/2005 10:58:20 AM and recorded in Real Estate File Number 2005.00014933 Bette Stamps - Circuit Clerk by ®�P City Council Meetin* February 15, 2005 f,& -7 $ Agenda Item Number filpN '95 -/.7.5 CTT'Y'C'OUNCTL AGENDA MEMO iI1 p� To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy Pate, Interim Zoning and Development Administrator Date: January 25, 2005 Subject: Rezoning for Marietta Camillieri (RZN 05- 1358) RECOMMENDATION Planning Staff recommends approval of the requested rezoning for Marietta Camillieri, a 0.24-acre tract located at 1208 N. Garland Ave. This action will rezone the property from C- 1 , Neighborhood Commercial, to C-2, Thoroughfare Commercial. BACKGROUND The subject property is located at the northeast corner of North St. and Garland Ave., in what is commonly known as the Oak Plaza Shopping Center. There are a variety of zoning designations located in this area including C- 1 , C-2, R-O and RMF-24. The property to the east is zoned RMF-24 with single family homes currently existing. Several different businesses are located within this shopping center including a book store, a restaurant and a general retail store, among others. The applicant requests rezoning the property from C- 1 , Neighborhood Commercial, to C- 2, Thoroughfare Commercial to allow for uses more compatible and similar to the uses located within the shopping center. Staff recommends approval of the proposed rezoning. The subject property is physically attached and shares parking with other commercial structures to the north and south which are zoned C-2, Thoroughfare Commercial and thus, this zoning would be in harmony with adjoining uses. DISCUSSION This item was heard at the regular Planning Commission meeting of January 24, 2005 . The Planning Commission voted 9-0 in favor of the rezoning request. BUDGET IMPACT None. ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04- 1358 FOR PROPERTY LOCATED AT 1208 N. GARLAND AVENUE CONTAINING APPROXIMATELY 0.24 ACRES FROM C- 1 , NEIGHBORHOOD COMMERCIAL TO C-2, THOROUGHFARE COMMERCIAL BE IT ORDAINED BY THE CITY COUNCIL F THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classificMV&ation of t 'e ollowing described property is hereby changed as follows: From C-1, Neighborhood Comnper ial to C-2 horoughfare commercial as shown in Exhibit "A" attached keret and made-a,part hereof. Section 2. Tha the official zoninji�, ap of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED AND A -VED this day of * 12005. APP OVED: By: -'; DAN COODY, Mayor � Y ATTEST: � s Sondra Smith, Cityy'_Clerk EXHIBIT""A' RZN 04-1358 PART OF THE SOUTHWEST QUARTER (SW %4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION NINE (9), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH LIES 320 FEET EAST AND 870.37 FEET SOUTH OF THE NORTHWEST CORNER OF SAID FORTY (40) ACRE TRACT AND RUNNING THENCE SOUTH 89044'36"EAST 208 FEET; THENCE SOUTH 51 .23 FEET; THENCE NORTH 89°44'k3WEST 208 FEET; THENCE NORTH 51 .23 FEET TO THE POINT OF BEG INN,�G CO AINING 10,658 SQUARE FEET OR 0.244 ACRES, MORE OR LESS, CITY F FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. , �l TOGETHER WITH ALL APPURTENANCES � HEI i'r INCL BUT NOT LIMITED TO, ALL RIGHTS REFLECTED INJHAT REAL ESTATECONTRACT DATED JUNE 13, 1964, BETWEEN J. AUS �IN PARISH ETHEL R. PARISH, AS SELLERS, AND SUPER MARKET DEVELOPER$ IN A BUYER, WHICH REAL ESTATE CONTRACT IS RECORDED IN RECORIOK 622 AT PAGE 46 AND FOLLOWING IN THE OFFICE tOF THE CIRCUI CLERK AND EX-OFFICIO RECORDER FOR WASHINGTON Q OUNTY, ARKANS Y Taye evlPC Meeting of January 24, 2005 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: Leif Olson, Associate Planner THRU: Jeremy C. Pate, Zoning & Development Administrator DATE: January 19, 2005 RZN 05-1538: Rezoning (CAMILLIERI, 450): Submitted by MARIETTA CAMILLIERI for property located at 1208 N. GARLAND AVENUE. The property is zoned C- 1 , NEIGHBORHOOD COMMERCIAL and contains approximately 0.24 acres. The request is to rezone the subject property from C- 1 , Neighborhood Commercial, to C-2, Thoroughfare Commercial. Property Owner: PHIL COLWELL Planner: LEIF OLSON RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report. PLANNING'COMMISSION ACTION: Required AS Date: January 24, 2005 O Approved O Denied . CITY COUNCIL ACTION: Required YES Date: F.ebruary 15, 3005 (lstkeadins if recommended) O :Approved O Denied Comments: BACKGROUND: Property description: The subject property is located at the northeast corner of the intersection of North St. and Garland Ave., in the area commonly know as the Oak Plaza Shopping Center. The site/store is currently vacant and is zoned C- 1 , Neighborhood Commercial. Surrounding properties are zoned C- 1 , C-2, RMF-24, and R-O and are developed with a variety of residential and commercial uses. The primary use established in this area is commercial in nature. K:IReporis120051PC Reporisl01-24-051RZN 05-1358 (Camillieri).doc 0 The.applicant proposes.to-operate_a.husiness_on.the subject.property.that.is.allo.uable in a-C-2. zoning district, but not within a C- 1 zoning district. Background: The property containing the shopping center was originally rezoned from R-2 to C-1 in 1967. In subsequent years the parcel has been subdivided and rezoned several times. Currently the subject property is located in between two larger parcels that exist within a C-2 zoning district, and are physically connected as structures. Businesses located in the shopping plaza include Movie Gallery, Book Circus, Rock Bottom Comics, Hogs Breath Eatery, and a Dollar General store. The structure on the lot is physically attached to other commercial structures to the north and south, developed as part of the overall shopping center. It shares parking with other commercial lots in the center zoned C-2. The intersection of Garland Ave. (State Hwy 112) and North St. serves as a large commercial node with an assortment of residential, shopping, banking, restaurant, grocery, and assorted convenience commercial uses located in close proximity to each other, serving the surrounding community. Proposal: The applicant proposes a rezoning of the subject property to C-2, Thoroughfare Commercial, to allow for uses more compatible and similar to the uses that surround the parcel. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Restaurant — Hogs Breath Eatery C-2, Thoroughfare Commercial South Retail — Book Circus C-2, Thoroughfare Commercial East Residential RMF-24 West Parking Lot C-2, Thoroughfare Commercial INFRASTRUCTURE: Streets: Access to the site is provided by Garland Ave., a minor arterial, and Mt. Comfort Rd., a local street, as identified in the Master Street Plan. Water: The property currently has access to a 1 " water line located at the rear of the property. Sewer: The site has access to a 6" sewer main located at the rear of the property. Fire: The Fayetteville Fire Department has reviewed the request and has estimated that the response time from Fire Station #2 to the site would be approximately 1 minute for a distance of 0.3 miles. Police: It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population density and thereby undesirably increase the load on police services. K.IReports120051PC Reports101-24-051RZN 05-1358 (CamiUieri).doc LAND USE PLAN: The Future Land Use Plan designates this site for Community Commercial. Rezoning this property to C-2, Thoroughfare Commercial, is consistent with the land use plan for a commercial use and is compatible with surrounding properties that are similarly zoned C-2. 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 consistent with current land use planning objectives and policies and is compatible with adjacent properties in the same district. Surrounding properties are primarily commercial in nature, and largely function within a C-2 district. The property in question lies between two parcels that are zoned C-2, while physically attached with common walls. Rezoning the property to a C-2 district is desirable, in order to promote a consistent, orderly land use and zoning plan. 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 justified in order to promote orderly and consistent development patterns. The General Plan 2020 identifies the Guiding Policies for Community Commercial areas as: "centers that are accessible and compatible with adjacent residential development" and "uses within community commercial areas [that] primarily serve residents of Fayetteville." The shopping center in which this parcel is located does serve the community at large, and a consistent zoning district enables a sound approach to redevelopment and reuse of existing structures. 3 . A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Future development with the proposed zoning would not potentially increase traffic accessing onto Mt. Comfort Rd. or Garland Ave. Po/ice — It is the opinion of the Fayetteville Police department that an appreciable increase and traffic danger and congestion will not be created by this 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.Weports110051PC Reports101-14-051RZN 05-1358 (Camillieri).doc 0 Finding: . The-proposed zoning_would.notsubstantially. alter..the..population. density.. in_ the area. Public service providers have responded accordingly: Police — This rezoning will not substantially alter the population density thereby undesirably increasing the load on police services. Fire — This rezoning is in close proximity to Fire Station #2 and has an adequate response time of 1 minute. Engineering - The property currently has access to a 1 " water main and a 6" sewer main located at the rear of the property. These mains will be sufficient to supply water and sewer service for the site. 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 K.IReporu120051PC Nporisl0l-24-051RZN 05-1358 (Camel ieri).doc 161.16DistrictC-l, Neighborhood.. _ 161,17District.C-2,.Thoroughfare Commercial Commercial (A) Purpose. The Neighborhood Commercial (A) Purpose. The Thoroughfare Commercial District is designed primarily to provide District is designed especially to encourage the convenience goods and personal services for functional grouping of these commercial persons living in the surrounding residential enterprises catering primarily to highway areas. travelers. (B) Uses. (B) Uses. (1 ) Permitted uses. (1) Permitted uses. Unit 1 Ci -wide uses by right Unit 1 City-wide uses by right Unit 12 Offices, studios and related services Unit 4 Cultural and recreational facilities Unit 13 Eating laces Unit 12 Offices, studios and related services Unit 15 Neighborhood shopping Unit 13 Eating laces Unit 18 Gasoline service stations and drive-in Unit 14 Hotel, motel, and amusement facilities restaurants Unit 15 Neighborhood shopping oods Unit 25 Professional offices Unit 16 Shopping oods Unit 17 Trades and services (2) Conditional uses. Unit 18 Gasoline service stations & drive-in restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 2 City-wide uses b conditional use permit Unit 33 Adult live entertainment club or bar Unit 3 Public protectionand utility facilities 11 Unit 34 1 Liquor store Unit 4 Cultural and recreational facilities Unit 34 Liquor stores Unit 35 Outdoor music establishments (2) Conditional uses. Unit 36 Wireless communications facilities ' Unit 2 City-wide uses by conditional use pennit (C) Density. None. Unit 3 Public protection and utilityfacilities Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials (D) Bulk and area regulations. None. Unit 32 Sexually oriented business Unit 35 Outdoor music establishments (E) Setback regulations. Unit 36 Wireless communications facilities Front 50 ft. (C) Density. None. Side None (D) Bulk and area regulations. None. Side, when contiguous to a residential 10 ft. (E) Setback regulations. district Rear 20 ft. Front 50 ft. Side None (F) Height regulations. There shall be no maximum Side, when contiguous to a residential district 15 ft. height limits in C- 1 District, provided, however, Rear 1 20 ft. that any building which exceeds the height of 10 feet shall be setback from any boundary line of (F) Height regulations. In District C-2 any building any residential district a distance of one foot for which exceeds the height of 20 feet shall be set each foot of height in excess of 10 feet. back from any boundary line of any residential district a distance of one foot for each foot of (G) Building area. On any lot the area occupied by height in excess of 20 feet. No building shall all buildings shall not exceed 40% of the total exceed six stories or 75 feet in height. area of such lot. (G) Building area. On any lot, the area occupied . by all buildings shall not exceed 60% of the total area of such lot. K.Teports12005WC ReporW01-24-051RZN 05-1358 (Camillier#.doc To the City of Fayetteville #6. CoL [ � [ L A. Philip J. his the owner and to my knowledge that there are no plans to sell . B. I wish to put in a shop that requires a C2 zoning status . C. The store will attract potential customer for the other shops and vise versa . This in not a high volume shop . Maybe at most 6 cars for customers at a time . Most times 1 or 2 cars . The store front already has a sign installed . I will replace the plastic cover with the store's name . Very low impact . D. 6"sewer line located outside of the building in back on the east side . #7. A. 1206 and 1210 , the two joining store fronts are zoned as C2. B. At one time 1206 and 1208 ( the space I desire ) were the same store . There is a wall dividing the space to make 2 stores . They share the same water meter and the bathroom for 1206 is in the far back on the side of 1208 .Yet 1206 is zoned C2 , 1208 is zoned Cl . C. I don't see how . D. I don't believe so . E. The present zoning is limiting .