HomeMy WebLinkAboutOrdinance 4687 ORDINANCE NO. 4687
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1374 FOR PROPERTY
LOCATED AT 1144 FUTRALL DRIVE, CONTAINING
APPROXIMATELY 0.53 ACRES FROM RSF-4, RESIDENTIAL
SINGLE FAMILY, FOUR UNITS PER ACRE 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 RSF-4, Residential Single Family, four units per acre, 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 15'h day of March, 2005 .
APPROVED of SG9%
'c ; FAYETTEVILLE ; = By:
• DA 00 Y, Mayor
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ATTEST: eo4,NGTON
By:
S NDRA SMITH, City Clerk
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258 . 35
Washlnatan County • clerk
Bette Stamps circuit
F1102005-00014935
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EXHIBIT "A"
RZN 05-1374
A PART OF THE SOUTHWEST QUARTER (SW '/4) OF THE NORTHEAST QUARTER
(NE 1/4) OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A
POINT 349 FEET NORTH OF THE SE CORNER OF SAID 40 ACRE TRACT AND
RUNNING THENCE NORTH 200 FEET; THENCE WEST 234 FEET; THENCE SOUTH
200 FEET; THENCE EAST 234 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT:
A PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHEAST QUARTER
(NE '/4) OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A
POINT 349 FEET NORTH OF THE SE CORNER OF SAID 40 ACRE TRACT AND
RUNNING THENCE NORTH 100 FEET; THENCE WEST 234 FEET; THENCE SOUTH
100 FEET; THENCE EAST 234 FEET TO THE POINT OF BEGINNING.
* •
Washington County, AR
I certify this instrument was filed on
04/08/2005 10:58:35 AM
and recorded in Real Estate
File 'Number 2005-00014935
BettI e Stamps - Circuit Clerk
by
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-3 // 1/ps�
City Council McOng of March 15, 2005 7
Agenda Item Numb' A '
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: February 22, 2005
Subject: Rezoning for Comerstone/Futrall (RZN 05- 1374)
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 0.53 acres
of property from RSF-4, Residential Single Family, 4 units per acre to R-O, Residential
Office.
BACKGROUND
Property description: The subject property is located on Futrall Drive north of
Wedington Drive and east of I-540. A single family home is located on the existing lot at
the end of Futrall Drive, which in this location is a short street that ends at the
Cornerstone Apartment Community. Surrounding properties are zoned R-O, C-2, C- 1 ,
and RMF-24, and are developed with a variety of multi-family residential and
commercial uses. The primary use established in this area is commercial/office and multi-
family residential in nature. Surrounding development includes Hanks Furniture,
Marinoni Construction, Karstetter and Glass Auto Body Repair, and the Cornerstone
Apartment Community.
Proposal: The applicant proposes to renovate the existing home in order to locate a
management office on the property for the adjacent Cornerstone Apartment Community,
a use allowed in the R-O zoning district, but not within an RSF-4 zoning district.
Request: The applicant requests a rezoning of the subject property to R-O, Residential
Office, to allow for a management office compatible and similar to the uses that surround
the parcel.
DISCUSSION
The Planning Commission voted 9-0-0 on its to forward this item to the City Council
with a recommendation for approval at the regular meeting of February 14, 2005 .
BUDGET IMPACT
None.
4(697
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1374 FOR PROPERTY
LOCATED AT 1144 FUTRALL DRIVE, CONTAINING
APPROXIMATELY 0.53 ACRES FROM RSF-4, RESIDENTIAL
SINGLE FAMILY, FOUR UNITS PER ACRE 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 RSF-4, Residential Single Family,four units per acre, 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 day of , 2005.
APPROVED:
By:
DAN COODY, Mayor
ATTEST: "
By, \ .
Sondra Smith, City Clerk
EXHIBIT "A"
RZN 05-1374
A PART OF THE SOUTHWEST QUARTER (SW %<) OF THE NORTHEAST QUARTER
(NE %<) OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A
POINT 349 FEET NORTH OF THE SE CORNER OF SAID 40 ACRE TRACT AND
RUNNING THENCE NORTH 200 FEET; THENCE WEST 234 FEET; THENCE SOUTH
200 FEET; THENCE EAST 234 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT:
A PART OF THE SOUTHWEST QUARTER (SW '/<) OF THE NORTHEAST QUARTER
(NE ''/4) OF SECTION 7, TOWNSHIP 16 NORTH; RANGE 30 WEST; WASHINGTON
COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A
POINT 349 FEET NORTH OF THE SE CORNER OF SAID 40 ACRE TRACT AND
RUNNING THENCE NORTH 100 FEET; THENCE WEST 234 FEET; THENCE SOUTH
100 FEET; THENCE EAST 234 FEET TO THE POINT OF BEGINNING.
i
TayeCRV
1 T1 PC Meeting of February 14, 2005
KANSA5
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: February 10, 2005
RZN 05-1374: Rezoning (Cornerstone/Futrall, 402): Submitted by KIM FUGITT for property
located at 1144 FUTRALL DRIVE. The property is zoned RSF-4, SINGLE FAMILY 4
UNITS/ACRE and contains approximately 0.53 acres. The request is to rezone the subject property
TO R-O, Residential Office.
Property Owner: LINDY LINSEY 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 YES
Date: February 14, 2005 Approved O Denied
900
CITY COUNCIL ACTION: Required _ . YES
Date: March 15, 2005
O Approved ' O Denied
Comments:
BACKGROUND:
Property description: The subject property is located on Futrall Drive north of Weddington St.
and east of I-540. A single family home is located on the property zoned RSF-4. Surrounding
properties are zoned R-O, C-2, C- 1 , and RMF-24, and are developed with a variety of residential
and commercial uses. The primary use established in this area is commercial/office and multi-
family residential in nature.
K.Weports120051PC Reports102-14-051RZN 05-1374 (Lindsey).do
The applicant proposes to renovate the structure in order to locate a management office on the
property for the adjacent Cornerstone Apartment Community, a use allowed in R-O zoning
district, but not within a RSF-4 zoning district.
Background. The subject property lies on the east side of Futrall Dr., which in this location is a
short street that ends at the Cornerstone Apartment Community. Surrounding properties are a
mix of residential and commercial uses with adjacent businesses including Hanks Furniture,
Marinoni Construction, Karstetter and Glass Auto Body Repair, and the Cornerstone Apartment
Community.
The intersection of Weddington Dr. Interstate 540 serves as a large commercial node with an
assortment of residential, shopping, 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 R-O, Residential Office,
to allow for a management office compatible and similar to the uses that surround the parcel.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Cornerstone Apartment Community RMF-24
South Marinoni Construction Office R-O, Residential Office
East Multi-Family Residential RMF-24
West Hanks Furniture C- 1 , Neighborhood Commercial
INFRASTRUCTURE:
Streets : Access to the site is provided by Weddingtgn Dr., a principal arterial, and Futrall
Dr., a local street, as identified in the Master Street Plan.
Water: The property currently has access to an 8" water line located along Futrall Dr. at
the front of the property.
Sewer: The site currently does not have access to sanitary sewer. An off-site sewer main
will be required to serve this development.
Fire: The Fayetteville Fire Department has reviewed the request and has estimated that
the response time from Fire Station #7 to the site would be approximately 3
minute for a distance of 1 .2 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.
LAND USE PLAN: The Future Land Use Plan designates this site for Community Commercial.
KAReporuQ0051PC Reports102-14-051RZN 05-1374 (Lindsey).doc
r
Rezoning this property to R-O, Residential Office, is consistent with the land use plan for this
area and the proposed use is compatible with surrounding properties that are similarly zoned.
FINDINGS OF THE STAFF
I . 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 commercial district. The property in question is
adjacent to parcels zoned R-O, C-1, and RMF-24.
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 [thatl primarily serve residents of
Fayetteville." The proposed office use would be compatible and similar to
adjacent land uses.
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.
Police — 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.
K.'IReportsl20051PC ReporaIO2-14-051RZN 05-1374 (Lindsey).doc
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 substantially 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 #7 and has an
adequate response time of 3 minute.
Engineering - The property currently has access to an 8" water main located along
Futrall Dr. Water service will need to be extended within the property
at the time of development. Additional connections may be required
to complete looped systems.
The site currently does not have access to sanitary sewer. An off-site
sewer main extension will be required to serve this development.
There is an 8" sewer main to the north. A capacity analysis of the
sewer lines and/or lift stations downstream of the connection point
shall be conducted prior to development.
Currently the site has access to Futrall Road. 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. _
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.Wepora120051PC RepomIO2-14-051RZN 05-13 74aindsey).doc
161.07 District RSF-4, Residential Single-Family — Four Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low
density detached dwellings in suitable environments, as well as to protect existing development of
these types.
(B) Uses.
(1 ) Permitted uses.
Unit 1Ci -wide uses b right
Unit 8 Sin le-famil dwelling
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 9 Two-family dwellings
Unit 24 Home occupations
Unit 36 Wireless communications facilities
(C) Density.
Single-family Two-family
dwellings dwellin s
Units per acre 1 4 or less 7 or less -
(D) Bulk and area regulations.
Single-family Two-family � -
dwellin s I I dwellin s _
Lot minimum width 70 ft.
Lot area minimum 8,000 sq. ft. Os A. .. ,
Land area per 8,000 sq. N. 6,000
dwellin unit
(E) Setback requirements.
Front 1 Side Rear
11 25 K. 8 (t. 20 ft.
(F) Height. None.
(G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of
such lot.
(Code 1991 , § 160.031 ; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99)
161 . 15 District R-O, Residential Office
KAReporu120051PC ReporuIO2-14-051RZV 05-1374 (Lindsey).dac
(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
(2) Conditional uses.
Unit 2 Cit -wide uses by conditional use pennit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 13 Eating laces
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 50 ft. -r
ark
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 4,200 sq. ft.
ark
Townhouses:
Development 10,000 sq. ft.
Individual lot 2,500 sq. ft.
Single-family 6,000 sq. ft.
Two-family 6,500 sq- ft.
Three or more8,0re00 s . ft.
Fraternity or Sorority 1 ac
(3) Land area per dwelling unit.
Manufactured home 3,000 sq. ft.
Townhouses & apartments:
No bedroom 1 ,000 sq. ft. _
One bedroom 1 ,000 s . ft.
K. IReportsl2005WC Reports102-/4-05IRZN 05-1374 (Lindsey).doc