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HomeMy WebLinkAboutOrdinance 4698 ORDINANCE NO. 4 6 9 8 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 05-1480 FOR PROPERTY LOCATED AT 1205 NORTH FUTRALL DRIVE CONTAINING APPROXIMATELY 2.00 ACRES FROM C- 1 , NEIGHBORHOOD COMMERCIAL TO C-23 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 1 above. PASSED and APPROVED this 3`d day of May, 2005. i���amrrrrr4 APPRO ED: Q By: FAYETTEVILLE ; = DAN COOD , Mayor 001 ATTEST: �9ome & °�fSyNG ToN���p�'•. By. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllllll SO&DILA SMITH, City Clerk Doc ID : 008612710002 TVoe . REL Recorded : 06/20/2005 at 02 : 30 : 29 PM Fee Amt : 511 . 00 Pace 1 of 2 Mashinaton County . AR Bette Stamps circuit clerk File2005-00026488 EXHIBIT "A" RZN 05-1480 A PART OF THE SOUTHWEST QUARTER (SW- 1/4) OF THE NORTHEAST QUARTER (NE- 1 /4) OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A POINT WHICH IS NORTH 02018'00" WEST A DISTANCE OF 549.40 FEET AND SOUTH 88038'09" WEST A DISTANCE OF 264.04 FEET FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT, THENCE SOUTH 88058113" WEST A DISTANCE OF 178. 19 FEET TO A POINT ON THE EAST RIGHT OF WAY OF THE HIGHWAY 16 AND 71 INTERCHANGE; THENCE ALONG SAID RIGHT OF WAY SOUTH 11020'51 " WEST A DISTANCE OF 92.07 FEET; THENCE SOUTH 03016'27" EAST A DISTANCE OF 152.84 FEET; THENCE SOUTH 09002'00" EAST A DISTANCE OF 84. 10 FEET; THENCE SOUTH 15°07'00" EAST A DISTANCE OF 110.86 FEET; THENCE SOUTH 64°29' 16" EAST A DISTANCE OF 82.53 FEET; THENCE NORTH 89044'48" EAST A DISTANCE OF 89.88 FEET; THENCE LEAVING SAID RIGHT OF WAY ALONG THE WEST RIGHT OF WAY AT FUTRALL DRIVE NORTH 02018'00" WEST A DISTANCE OF 471 .68 FEET TO THE POINT OF BEGINNING, CONTAINING 2.00 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS OR RESTRICTIONS OF RECORD. Washington County, AR I certify this instrument was filed on 08/20/2005 02:30:29 PM and 'recorded in Real Estate File Number 2005-00028488 Bette Stamps - C' cult Clerk by 2� City Council Sting of May 03, 2005 Agenda Item Numbers CITY COUNCIL AGENDA MEMO 4ZN �5-/�8a To: Mayor and City Council nC' JL Thru: Gary Dumas, Director of Operations d/ From: Jeremy C. Pate, Director of Current Planning Date: April 15, 2005 Subject: Rezoning for Eddy Motorsports (RZN 05- 1480) RECOMMENDATION Planning Staff recommends apporoval of the subject rezoning request to rezone approximately 2.00 acres of property from C- 1 , Neighborhood Commercial to C-2, Thoroughfare Commercial. BACKGROUND Property: The subject property is the former location of Hank' s Furniture at N. Futrall Drive and Wedington, adjacent to 1-540. The property contains a large building that formerly housed a retail furniture establishment that has since vacated the structure. The applicant has purchased the property and recently renovated the interior to relocate a motorcycle/ATV retail establishment from Shiloh Drive, north of this property. Staff informed the applicant that Use Unit 17, Trades and Services, under which motorcycle sales, service and repair is located, is not a permitted or conditional use in the C- 1 zoning district. Subsequently, the C-2 zoning district was requested, to facilitate the expansion and relocation of the motorcycle/ATV business and provide for a more compatible zoning district near I-540. Proposal: The developer intends to relocate an existing, established motorcycle/ATV sales and service facility to the building on this property. This will allow for an expansion of services provided. Request: The request is to rezone the property C-2, Thoroughfare Commercial. DISCUSSION This item is to be heard at the regular Planning Commission meeting on April 25, 2005 . Staff finds the request to be compatible with adjacent properties, complementary to existing uses and the Future Land Use Plan for Community Commercial uses. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED 1N REZONING PETITION RZN 05- 1480 FOR PROPERTY LOCATED AT 1205 NORTH FUTRALL DRIVE CONTAINING APPROXIMATELY 2.00 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 1 above. PASSED AND APPROVED this day of 92005. APPROVED: By: DAN COODY, Mayor ATTEST: By: Sondra Smith, City Clerk • i EXHIBIT "A" RZN 05-1480 A PART OF THE SOUTHWEST QUARTER (SW- 1 /4) OF THE NORTHEAST QUARTER (NE- 1 /4) OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A POINT WHICH IS NORTH 02018'00" WEST`A DISTANCE OF 549.40 FEET AND SOUTH 88038'09" WEST A DISTANCE OF 264.04 FEET FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT, THENCE SOUTH 88058' 1311 WEST A DISTANCE OF 178. 19 FEET TO A POINT ON THE EAST RIGHT OF WAY OF THE HIGHWAY 16 AND 71 INTERCHANGE; THENCE ALONG SAID RIGHT OF WAY SOUTH 11020'51 " WEST A DISTANCE/OF 92,07 FEET; THENCE SOUTH 03016'27" EAST A DISTANCE OF 152.84 FEET;'THENCE SOUTH 09°02'00" EAST A DISTANCE OF 84. 10 FEET; THENCE SOUTH 15°07'00" EAST A DISTANCE OF110.86 FEET; THENCE SOUTH 64°29' 16" EAST A DISTANCE0E, 82.53 FEET;/THENCE NORTH 89044'48" EAST A DISTANCE OF 89.88 FEET; THENCE LEAVING SAID RIGHT OF WAY ALONG THE WEST RIGHT OF WAY'AT FUTRALL DRIVE NORTH 02018'00" WEST A DISTANCE OF 47L68 FEET TO THE POINT OF BEGINNING, CONTAINING 2.00 ACRES, MORE OWI-'ESS. SUBJECT. TO' ALL EASEMENTS, RIGHT OF WAYS OR RESTRICTIONS OF RECORD. f / 1 r r r ; PC Meeting of April 25 , 2005 ..' ARKANSAS '. :::) 125 W. Mountain St. THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jeremy Pate, Director of Current Planning DATE: April 15, 2005 RZN 05-1480: (BILL EDDY MOTORSPORTS, 402): Submitted by WILLIAM AND CATHERINE EDDY for property located at 1205 N FUTRALL DRIVE. The property is zoned C- 1 , NEIGHBORHOOD COMMERCIAL and contains approximately 2.00 acres. The request is to rezone the subject property to C-2, Thoroughfare Commercial. Property Owner: WILLIAM & CATHERINE EDDY Planner: JEREMY PATE RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings herein. PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: April 25, 2005 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: May 03. 2005 (V reading if recommended) BACKGROUND: Property description: The subject property contains one 2.00-acre parcel located north of Wedington, east of N. Futral Drive and west of I-540. The subject property was recently vacated by Hank's Furniture, and ongoing interior renovations have been taking place' to relocate a business into the structure. Surrounding properties are a mix of multi-family residential and commercial uses with adjacent businesses including Marinoni Construction, Karstetter and Glass Auto Body Repair, and the Cornerstone Apartment Community. Proposal: The applicant intends to utilize the property for the relocation of Eddy Motorsports, which is currently located on Shiloh Drive and I-540, north of the subject property. The facility would be used to expand the business and services provided. Extensive renovations interior to the building are underway. However, Use Unit 17, under which motorcycle sales, service and repair is located, is not allowed in the C- 1 , Neighborhood Commercial zoning district as a permitted or conditional use. The applicant proposes a rezoning of the subject property to C-2, K:IReporlsl20051PC Reports104-25-05WN 05-1480 (Eddy Momrspor(s).do Thoroughfare Commercial, to allow for a use that is compatible and similar in nature to the uses that surround the parcel. Recommendation: Staff recommends approval of the rezoning request. This area is designated as Community Commercial on the future land use plan, which is consistent with the C-2 zoning district. It is identified as a node of commercial development with direct access to major thoroughfares, namely I-540 and Wedington Drive. The intersection of Wedington Dr. and Interstate 540 serves as a large commercial node with an planned and existing assortment of residential, shopping, and assorted convenience commercial uses located in close proximity to each other, serving the surrounding community. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Cornerstone Apartment Community RMF-24 South Wedington Drive, platted Comm. C-2, Thoroughfare Commercial S/D East Auto Body repair C-2, Thoroughfare Commercial West I-540, commercial uses C-2, Thoroughfare Commercial INFRASTRUCTURE: Streets: Access to the site is provided by Wedington 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 has access to an 8" sanitary sewer line along Futrall Drive. 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 ' 'minutes 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. Rezoning this property to C-2, Thoroughfare Commercial is consistent with the land use plan for this area and the proposed use is compatible with surrounding properties that are similarly zoned. K.tReporus 2005 WC ReporatO4-25-05VlZN 05-1480 (Eddy Motorspora).doc 0 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 commercial district. The property in question is near parcels zoned R-O, C-2, and RMF-24. The I-540 and Wedington Drive interchange is indicated on the Future Land Use plan as a large commercial node that would be best facilitated by uses allowed within the C-2 zoning district. 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 proposed 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 Futrall Drive, any more so than the furniture store that previously occupied the space. 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:IReporuV 005PC Reports104-25-05WZN 05-1480 (L* Motorsports).doc 0 0 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 minutes. Engineering - The property currently has access to 8" water and sewer mains located along Futrall Dr. Future development may require improvements or looped systems, as the need arises. Currently the site has access to Futrall Road. At the time of future 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:IReporra 2005PC Reporu104-25-05V?ZN 05-1480 (Eddy Mo(orspons).doc 0 0 161 .16 District C-1 , Neighborhood 161 .17 District 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 areas. enterprises catering primarily to highway travelers. (B) Uses. (B) Uses. (1 ) Permitted uses. (1 ) Permitted uses. Unit 1 City-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 goods 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 2 City-wide uses by conditional use permit Unit 20 Commercial recreation, large sites Unit 3 Public protection and utilityfacilities Unit 33 Adult live entertainment club or bar Unit 4 Cultural and recreational facilities Unit 34 Liquor store 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 permit (C) Density. None. Unit 3 Public protection and utility facilities Unit 21 Warehousing and wholesale (D) Bulk and area regulations. None. Unit 28 Center for collecting re clable materials 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 Side, when contiguous to a residential 10 ft. (D) Bulk and area regulations. None. district Rear 20 ft. (E) Setback regulations. (F) Height regulations. There shall, be no Front 50 ft. maximum height limits in C-1 District, provided, I Side None however, that any building which eiiceeds the 1. Side, when contiguous to a residential district 15 ft. ., height of 10 feet shall be setback from I Rear 20 ft. boundary line of any residential district a distance of one foot for each foot of height in excess of 10 (F) Height regulations. In District C-2 any building feet. which exceeds the height of 20 feet shall be set back from any boundary line of any residential (G) Building area. On any lot the area occupied district a distance of one foot for each foot of height by all buildings shall not exceed 40% of the total in excess of 20 feet. No building shall exceed six area of such lot. stories or 75 feet in height. (Code 1965, App. A., Art. 5M; Ord. No. 2603, 2-19-80; Ord. (G) Building area. On any lot, the area occupied No. 1747, 6-29-70; Code 1991 , §160.035; Ord. No. 4100, §2 by all buildings shall not exceed 60% of the total (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) area of such lot. K., ReportsL 0051PC Reports104-25-05IRZN 05-1480 (Fddy Motorsports).doc 0 0 Bill Eddy's Motorsports B''I Shiloh AR 2704 (479)521-7133 Phone (479)521-7220 Fax AWOMMo 11 ftw Zoning C*omje Rezoning request for 1205 N F&MI Drive Fayetteville, Ar 72703 1 . Attached check #30841 for $325.00 made payable to City of Fayetteville. 2. Legal description of property attached. 3. WA 4. WA 5. Legal description of property attached. 6. a. Current Ownership Information: William J and Catherine M Eddy There are no proposed or pending property sales. b. We want to move our business currently located at 2028 N Shiloh Drive in Fayetteville, AR 72704 (Retail motorcycle shop, Parts and Service.) c. The property will not change significantly in terms of land use or traffic. Appearance will change slightly with new accent paint & awnings. Signage will change, of course, with the new name. No additions to building, no changes to sod, etc. . . Our business will be similar to the business that was there previously. d. Water and sewer are already available and were used by previous business. 7. a. The proposed zoning is still consistent with land use planning objectives, principles and policies and with Land Use and Zoning plans. This particular area has grown so much over the years and businesses have moved in so much that this is no longer a 'neighborhood commercial' area, all the other businesses are zoned C-2. This is the only property left in the neighborhood that is still zoned C-1 b. The proposed zoning is justified due to the fact that this is the only business in the area still zoned C-1 , everything else is zoned C-2.