HomeMy WebLinkAboutOrdinance 4686 r
ORDINANCE NO. 4686
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 05- 1372 FOR
PROPERTY EAST OF S. SCHOOL AVENUE, NORTH OF
WHILLOCK STREET, CONTAINING APPROXIMATELY
2.536 ACRES FROM RSF-4, RESIDENTIAL SINGLE
FAMILY, FOUR UNITS PER ACRE, TO C-21
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 RSF-4, Residential Single Family, four units per
acre, 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 1 above.
PASSED and APPROVED this 15th day of March, 2005.
APPROVED:
; FAYETTEVILLE ; _ By:
DAN COODY,
, Mayor
5 )
ATTEST: ,�ycy/ kAN POJ :
„VG IOTA G•� ` .
By:
SONDRA SMIT , City Clerk
Doc I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
Recorded : 04/08/20050atT30�58R28 AM
Fee Amt : $11 . 00 pace 1 o1 2
We ehlnoton County , AR
Bette Stamoe circuit Clerk
Flle2005-00014934
EXHIBIT "A"
RZN 05-1372
PART OF LOTS 39 49 55 AND 6 ALL OF BLOCK 2 OF J. W. SKELTON SUBDIVISION,
CITY OF FAYETTEVILLE, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT S89059328"E 204.62 FEET FROM THE SW CORNER OF
SAID LOT 4; THENCE N00°03 ' 10"E 150.00 FEET; THENCE S89°59'28"E 50.00 FEET;
THENCE N00003710"E 128.32 FEET; THENCE S88°25 '51 "E 180.28 FEET; THENCE
N46014128"E 109.73 FEET; THENCE N00° 12 '43"E 44.00 FEET; THENCE S68006'05"E
81 .32 FEET; THENCE S00°03 ' 10"W 363.00 FEET; THENCE N89°59'28"W 385.00 FEET
TO THE POINT OF BEGINNING AND CONTAINING 2.536 ACRES, MORE OR LESS
AND SUBJECT TO ANY RIGHTS-OF-WAY, EASEMENTS, COVENANTS, OR
RESTRICTIONS OF RECORD OR FACT.
Washington County, AR
I certify, this instrument was filed on
04/08/2005 10:58:28 AM
and recorded in Real Estate
File Number 2005-00014934
Bette Stamps - Circuit Clerk
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by
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City Council M*ng of March 15, 2005 yG PG
Agenda Item Number RM D�-
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CITY COUNCIL AGENDA MEMO FYSr/son
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From : Jeremy C. Pate, Director of Current Planning
Date: February 24, 2005
Subject: Rezoning for Mailco USA Inc. (RZN 05- 1372)
RECOMMENDATION
The Planning Commission voted to recommend the subject rezoning request rezoning
approximately 2.536 acres of property from RSF-4, Residential Single Family — 4 units
per acre, to C-2, Thoroughfare Commercial. Planning Staff originally recommended
denial of the rezoning request.
BACKGROUND
Property description: The subject property contains approximately 2.536 acres located
east of School Avenue, south of the on-ramp to Fulbright Express Way. A floodway and
associated 100-yr floodplain extend along its northern property line. The entire subject
property of 4.02 acres is split zoned with C-2 adjacent to School Avenue and RSF-4 to
the east. The property for which the rezoning request has been made is currently zoned
for residential use.
Background: At present, a large scale development for this property has been submitted
to the Planning Division. In the process of reviewing the development, it was discovered
that a portion of the parking behind the building would encroach within the RSF-4 zoning
district. Staff informed the applicant of the situation at Technical Plat Review and
encouraged a modification to the development so that the development would be
contained within the C-2 zoning district. Soon thereafter, the applicant submitted a
request to rezone the entire RSF-4 portion of property to C-2.
DISCUSSION
This item was heard at the regular Planning Commission on February 14, 2005. No
public comments were received. The Planning Commission voted 9-0-0 to recommend to
the City Council approval of rezoning request to C-2, Thoroughfare Commercial.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1372 FOR PROPERTY EAST
OF S. SCHOOL AVENUE, NORTH OF WHILLOCK STREET,
CONTAINING APPROXIMATELY 2.536 ACRES FROM RSF-4,
RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER ACRE, 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 RSF-4, Residential Single ` Family, fur units per acre, 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 1 above.
PASSED AND APPROVED this day of 12005.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
Sondra Smith, City Clerk
EXHIBIT "A"
RZN 05-1372
PART OF LOTS 3 , 4155 AND 6 ALL OF BLOCK 2 OF J. W. SKELTON SUBDIVISION,
CITY OF FAYETTEVILLE, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
BEGINNING AT A POINT S89059'28"E 204.62 FEET FROM THE SW CORNER OF
SAID LOT 4; THENCE N00°03 ' 10"E 150.00 FEET; THENCE S89659'28"E 50.00 FEET;
THENCE N00003 ' 10"E 128.32 FEET; THENCE S88025 ' 51 "E 180.28 FEET; THENCE
N46° 14'28"E 109.73 FEET; THENCE N00° 12'43"E 44.00 FEET; THENCE S68006'055E
81 .32 FEET; THENCE S00°03 ' 10"W 363 .00 FEET; THENCE N89°59'28"W 385.00 FEET
TO THE POINT OF BEGINNING AND CONTAINING 2:536 ACRES, MORE OR LESS
AND SUBJECT TO ANY RIGHTS-OF-WAY, :EASEMENTS, COVENANTS, OR
RESTRICTIONS OF RECORD OR FACT.
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ILPC Meeting of February 14, 2005
An KANSAS
125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Associate Planner
THRU: Jeremy Pate, Interim Zoning & Development Administrator
DATE: February 9, 2005
RZN 05-1372: (MAILCO USA INC., 678-717): Submitted by STEVE CLARK for property
located at S. SCHOOL AVENUE, E OF HWY. 71 AND N OF WHILLOCK STREET. The
property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY - 4 UNITS/ACRE and contains
approximately 2.536 acres. The request is to rezone the subject property to C-2, Thoroughfare
Commercial.
Property Owner: KATHY FERGUSON Planner: Suzanne Morgan
RECOMMENDATION:
Staff recommends denial of the requested rezoning based on the findings herein.
PLANNING COMMISSION ACTION: Required YES
XApproved O Denied
Date: February 14, 200554„r 'nk J -O -O
CITY COUNCIL ACTION: Required /YES
O Approved O Denied
Date: March 15, 2005 (1st readine if recommended)
BACKGROUND:
Property description: The subject property contains approximately 2.536 acres located east of
School Avenue, south of the on-ramp to Fulbright Express Way. A floodway and associated
100-yr floodplain extend along its northern property line. The property is zoned C-2,
Thoroughfare Commercial, adjacent to School Avenue and RSF-4, Residential Single Family — 4
units per acre, to the east.
Zoning: The property consists of all of lots 4 and 5 of J.W. Skelton Addition and part of lots 3 , 6
and 7 (see attached). The General Plan designates all of lots 3 and 4 Mixed Use and property to
the east of these lots Residential . The portion of this property zoned C-2 is located within the
area designated Mixed Use. The remainder of the lot is zoned RSF-4.
Background: Several months prior to the application for large scale development, Planning staff
K. IRepora0005PC ReporaIO2-14-05WZN 05-1371 (bhil Co.).doe
met with the applicant regarding possibilities for development and the approval process (i.e. LSD
and PZD). At this time, the applicant was made aware that the property was zoned both
commercial and residential, and any development related to or associated with the proposed
commercial use must be contained within the property zoned C-2. The property owner
subsequently submitted an application for a large scale development to construct a 13,000 s.f.
structure for Mail Co. Upon review of the large scale development plans, it was discovered that
a portion of the parking behind the building would encroach within the RSF-4 zoning district.
Staff informed the applicant of the situation at Technical Plat Review and encouraged a
modification to the development so that the development would be contained within the C-2
zoning district. Soon thereafter, the applicant submitted a request to rezone the RSF-4 portion of
the property to C-2.
Proposal: The applicant intends to develop the property for commercial use. The large scale
development is currently tabled pending the resolution of this rezoning request.
Request• The applicant is requesting the property be rezoned from RSF-4, Residential Single
Family, 4 Dwelling Units per Acre, to C-2, Thoroughfare Commercial.
Recommendation: Staff recommends denial of the rezoning request based on findings herein.
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North Single family residential RSF-4, Res. Single Family — 4 units/acre
South Single family residential RSF-4, Res. Single Family — 4 units/acre
C-2, Thoroughfare Commercial
East Vacant RSF-4, Res. Single Family — 4 units/acre
West Vacant C-2, Thoroughfare Commercial
INFRASTRUCTURE:
Streets: Currently the site has access to South School. 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, storm drainage and
sidewalks.
Surrounding Master Street Plan Streets:
North: Skelton St. (Local)
South: Whillock St (Local)
East: None
West: School Avenue (Principal Arterial)
Water: The site currently does have access to public water. The nearest water main is an
8" main on the east side along S. School Avenue. Water service will need to be
extended within the property at the time of development. Additional connections
may be required to complete looped systems.
%9Repora120051PC ReporaIO2-14-051RU O5-1372 (Abil Co.).doc
Sewer: The site currently does have access to sanitary sewer. There is a 6" sewer main to
the west.
Fire: The subject property is located approximately 3 miles from the Fire Station 41 .
Response time to the property is approximately 5 minutes.
Police: It is the opinion of the Fayetteville Police Department that this rezoning MLnot
substantially alter the population density and thereby undesirably increase the load
on police services or create and appreciable increase in traffic danger and
congestion in the area.
LAND USE PLAN: General Plan 2020 designates the property Mixed Use and Residential.
The portion of property adjacent to School Avenue, currently zoned C-2, is designated Mixed
Use on the General 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 C-2 zoning for the subject property is not consistent with the
land use plan and planning objectives and policies set forth in the General
Plan 2020. The property requested to be rezoned is designated Residential
and surrounded by property zoned RSF-4 and developed for this purpose.
Extending the C-2 zoning east is inconsistent with the development and use
of the property. At this time, the property on which the applicant desires to
develop is currently vacant. It is appropriate for a commercial use to be
located adjacent to School Avenue, a major thoroughfare along which
compatible businesses exist. Extending these development rights into a
residential area may create a nuisance and is not consistent with the guiding
policy for residential areas in the General Plan 2020, which states, "9.8.d
Manage non-residential development within and adjoining residential
neighborhoods to minimize nuisances."
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The property has a total 4.02 acres, of which 2.536 acres is zoned RSF-4. The
remaining 1.484 acres is zoned C-2 and may be developed for commercial
use. Sufficient property is available to develop a use allowed within the C-2
zoning district. To enlarge the C-2 zoning district as proposed is not
justified, nor is it appropriate to expand development rights for these uses
further into the existing residential properties.
K:IReporaUO051PC Repor6101-14-OARZN 05-/371 (Al2d Co.).doc
• •
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The property is only accessible from School Avenue, designated a Major
Arterial street. The traffic generated by commercial uses is substantially
greater than the amount resulting in the development of single family
residential units. Rezoning the property C-2 may increase the traffic on
School Ave. Although development of the property for commercial or office
type uses may increase the amount of traffic to the site, it will not cause an
increase in population. The Fayetteville Police Department has determined
that this rezoning will not substantially alter the population density and
thereby undesirably increase the load on police services or create and
appreciable increase in traffic danger and congestion in the area.
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.
Finding: The proposed zoning would not increase population density. Under the
current RSF-4 zoning district, a maximum 10 dwelling units would be
permitted on this property (4 units per acre). Although the proposed
rezoning of the property would not increase population, it is not consistent
with the land use and zoning in the immediate vicinity.
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 ( I ) through (4) above why
the proposed zoning is not desirable.
Finding: N/A
KART v120051PC ReporU102-14-05WZN 05-1372 (A6i1 Coj.doe
0 •
161 .07 District RSF4, Residential Single- 161. 17 District C-2, Thoroughfare
Family — Four Units Per Acre Commercial
(A) Purpose. The RSF4 Residential District is (A) Purpose. The Thoroughfare Commercial
designed to permit and encourage the development District is designed especially to encourage the
of low density detached dwellings in suitable functional grouping of these commercial
environments, as well as to protect existing enterprises catering primarily to highway travelers.
development of these types.
(B) Uses.
(B) Uses.
( 1 ) Permitted uses.
( 1 ) Permitted uses.
Unit 1 City-wide uses by right
Unit 1 Ct -wide uses by right Unit 4 Cultural and recreational facilities
11
Unit 8 Sin to-famil dwellin Unit 12 Offices, studios and related services
Unit 13 Eating laces
Unit 14 Hotel, motel, and amusement facilities
Unit 15 Neighborhood shopping oods
Unit 16 Shopping goods
(2) Conditional uses. Unit 17 Trades and services
Unit 18 Gasoline service stations & drive-in restaurants
Unit 2 City-wide uses by conditional use pennit Unit 19 Commercial recreation, small sites
Unit 3 Public protection and utility facilities Unit 20 Commercial recreation, large sites
Unit 4 Cultural and recreational facilities Unit 33 I Adult live entertainment club or bar
Unit 9 Two-family dwellings Unit 34 Liquor store
Unit 24 Home occupations
Unit 36 Wireless communications facilities (2) Conditional uses.
(C) Density. Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 21 Warehousingand wholesale
Single-family Two-family Unit 28 Center for collectingrecyclable materials
dwellin s dwellin s Unit32 Sexually oriented business
Units per acre 1 4 or less 1 *7 or less .Unit 35 Outdoor music establishments
Unit 36 Wireless communications facilities
(D) Bulk and area regulations.
(C) Density. None.
Single-family Two-family
dwellin s dwellings (D) Bulk and area regulations. None.
Lot minimum width 70 ft. 80 ft.
Lot area minimum 8,000 sq. ft. 12,000 SQ. ft.
Land area per 8,000 sq. ft. 6,000 sq. ft. (E) Setback regulations.
dwellin unit
Front 50 ft.
(E) Setback requirements. Side None
Side, when contiguous to a residential district 1 15 ft.
Front Side Rear Rear 20 ft.
11 25 ft. if 8 ft. 20 ft.
(F) Height regulations. In District C-2 any
(F) Height. None. building which exceeds the height of 20 feet shall
be set back from any boundary line of any
(G) Building area. On any lot the area occupied residential district a distance of one foot for each
by all buildings shall not exceed 40% of the foot of height in excess of 20 feet. No building
total area of such lot. shall exceed six stories or 75 feet in height.
(G) Building area. On any lot, the area occupied
by all buildings shall not exceed 60% of the total area
of such lot.
K IReporn120051PC Reporal02-14-051RZN 05-1372 (Afid Co.).doc
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