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HomeMy WebLinkAboutOrdinance 4708 ORDINANCE NO. 4708 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 05- 1448 FOR APPROXIMATELY .68 ACRES LOCATED AT 2824 S. SCHOOL AVENUE FROM RSF-4, SINGLE FAMILY, 4 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, 4 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 7h day of June, 2005. APPROVED: Yoe *•Gp c * FAYETTEVILLE � 511 By: &: :.%.` . DAN COO ayor .9,p 5 ATTEST: "'anwua By: S NDRA SMITH, City Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllllllllillllllllllll Doc ID : 008701250002 Tvoe : REL Recorded : 07/ 14/2005 at 02 : 38 : 02 PN Fee Amt : $11 . 00 Pace 1 of 2 \ Hashlnoton County . AR Bette Stews Circuit Clerk F11e2005-00030659 EXHIBIT "A" RZN 05-1448 LOT NUMBERED EIGHT (8), GRANDVIEW HEIGHTS SUBDIVISION, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX- OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. -AND- A PART OF LOT 9, GRANDVIEW HEIGHTS SUBDIVISION, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A SET P/K NAIL MARKING THE SOUTHWEST CORNER OF LOT 91 GRANDVIEW HEIGHTS SUBDIVISION, SAID POINT BEING ON THE EAST RIGHT OF WAY LINE OF SOUTH SCHOOL STREET; THENCE ALONG THE WEST LINE OF SAID LOT 9 AND ALONG SAID RIGHT OF WAY LINE NORTH 21 DEGREES 35 MINUTES 00 SECONDS EAST, 100.00 FEET TO A SET REBAR MARKING THE NORTHWEST CORNER OF SAID LOT 9, THENCE LEAVING SAID RIGHT OF WAY LINE AND ALONG THE NORTH LINE OF LOT 9, SOUTH 69 DEGREES 07 MINUTES O1 SECONDS EAST, 150.00 FEET TO AN EXISTING REBAR MARKING THE NORTHEAST CORNER OF SAID LOT 9, SAID POINT BEING ON THE WEST RIGHT OF WAY OF HADDON AVENUE. THENCE ALONG THE EAST LINE OF SAID LOT 9 AND SAID RIGHT OF WAY LINE, SOUTH 21 DEGREES 35 MINUTES 00 SECONDS WEST 98.07 FEET TO A SET REBAR. THENCE LEAVING SAID EAST LINE AND SAID RIGHT OF WAY LINE, NORTH 66 DEGREES 05 MINUTES 29 SECONDS WEST, 47.45 FEET. THENCE NORTH 71 DEGREES 35 MINUTES 35 SECONDS WEST, 102.73 FEET TO THE POINT OF BEGINNING, CONTAINING 14,620. 19 SQUARE FEET AND SUBJECT TO ANY EASEMENTS OF RECORD, AS PER A PLAT OF SURVEY BY SATTERFIELD LAND SURVEYORS, P.A., JOB NO. 29-393, DATED 05/18/2003 . Washington County, AR I certify this instrument was filed on 07/1'4/2005 02:38:02 PM and recorded in Real Estate File Number - circuit Clerk 9 Bette Stamps - Circuit Clerk by ' 02� CITY COUNCIL AGENDA MEMO ' .gA9 5 . To: Mayor and City Council � ► f ` From: Jeremy C. Pate, Director of Current Planning Date: May 20, 2005 Subject: Rezoning for Staggs (RZN 05- 1448) RECOMMENDATION Planning Staff recommends approval of the subject rezoning request to rezone approximately 0.68 acres of property from RSF-4, Residential Single Family — 4 units per acre, to C-2, Thoroughfare Commercial. BACKGROUND The City Council left this item on its second reading at the regular meeting of May 17, 2005. At this meeting, aldermen asked staff if notification of the rezoning action had been sent to all adjoining property owners, including those across adjacent streets (Haddon Lane and Hwy 71 B). The Planning Division did notify property owners across the street and all property owners directly adjacent to the subject property. Included is the notice mailed, those published in the newspaper and the names of property owners to whom these mailings were sent. Additionally, questions regarding the use of this property as a bailbonds office prior to the rezoning request also were raised. Staff would like to take this opportunity to include photos of the property and structure in question, which, as can be noted in the photographs, is not apparently being utilized as a bailbonds office at this time. Property to the south (not a part of this request) is being utilized as such, and has been issued a violation notice by the Planning Division. I r { . � �. e Y ate:{. . _ •:c w< . \ f yr 4 Y Iii J°+c V- 2005MY 20 ,,; .,,- . .r� -..fir f ;^ • -«` +.... w.r, -. r =- .,� . 'f ' p .{f �:i 'ori^ .ty"1 L� � aw 1 4A 7' - � 4 ",� J .w7Y .. . t . • n w' " ' i -: - fM ^ a.. F: .<.. . .. ,.:. .,�^ . v f _i ; . .. t w � ,y,. 'wY rm vw ^.zip-rt k_. .f «� � "4`� `� '�Y:'s =::% wst .w '� ` t�' �+'���''�W �! S �� i� � �, ... .:_ 1 i e � t .. V ' .. ,t ,,.: 1 n . .. . s, i �. x ARKANSAS DATE: April 11 , 2005 TO: Adjoining Property Owners FROM : Jeremy Pate, Director of Current Planning The Fayetteville Planning Commission has been asked to review a proposed REZONING adjacent to your property. The Development is described as follows : RZN 05-1448: (STAGGS, 678): Submitted by RUSS STAGGS for property located at 2824 S SCHOOL AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.40acres. The request is to rezone the subject property to C-2, COMMERCIAL THOROUGHFARE. Planner: SUZANNE MORGAN Public hearings for this item include: Planning Commission Monday, APRIL 25, 2005* 5 :30 pm Rm 219 in the City Administration Building at 113 W. Mountain Street. * Items can be removed from agendas on short notice, so please call the Planning Division at. 575-8267 to verify the item you are interested will be heard as stated above. Applicant: Russ Staggs Phone: 501 -825-6500 Address: PO Box 485 Higden AR 72067 Representative n/a Phone: Address: Fax: Neighborhood n/a Assoc.: Phone: Contact: Email: Staff Planner Suzanne Morgan Phone: 575-8267 Planning Division 125 W. Mountain Fayetteville, AR 72701 479-575-8267 www.acessfayetteville.org 5135-000 ` 765-0577 7-000 es °sem i 765-05703-000 765-15376-000 ,/ / 765-05778-OOG / i / ! If 765-05792-000 765-05779 000 // // � \765-./^h. i,QQO 765-05;91-000 / 765-05780-000 765-05750-000 / l65-05?Bt -0Ou � d�, j 765-05,;82-000765-05789-004 /Q ! 28-18-30 / Fa ettevipg_, swa�trW�o Hli ' OS i 765-05803-000 765-15384-000 / 765-05788-000 / 765-05783-000 / dna /3r�cle y'�j�o�ear,�s �� � z /I 8e. / d / 765-05804-000 !� 765.05784-OGG C ! 765-05787-000 ! 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I MNHNe': 11 ... 14V4 11 o- yjI p;J I .x t 1 ; 1 1. r '. I I k 1- y : e;xrel� 1r r ryr I 16JU 1wYIIx 1 t41 Y IWr nS 1 II [ iayr 11 0 h61 :>u r115 . NI 1 { Y. r. >rtlt t . 0111WIl t bt iy - Aar ^fx i ❑ .illy 1 d xgmd Fa tx n ,mom I m pA�l A T_Jfll! I Y K4i0 TO xvr rxth k ' r trhantis Democrat 05azette ® 'Wordu#estArkaiisc ''most Widely ReadHeurspaper„ AFFIDAVIT OF PUBLICATION I, , do solemnly swear that I am the Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell , Arkansas, and that from my own personal knowledge and reference to the files. of said publication , that advertisement of: ncwjo was inserted in the regular editions on PO# n I i '* Publication Charge : $ J416 - dam RECEIVED Subscribed and swom to before me this APR ,2 Q pppg — oi9q day of 1 12005. PLANNI iG DIV. a Notary Public Sharlene D. Williams - My Commission Expires: Notary Public —Mate of Arkansas My Commission Expires " Please do not pay from Affidavit. October 18, 2014 An invoice will be sent P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-442-1700 • 479-442-5477 (FAX) . . / 'OF PUBLIC HEARINGS • GIVEN' PURSUANT TO. THE 10EC OF THECODEOF FOLLOWING P CITY HAVE BEEN SET O A HEAFUN 1NGF R ` • �Y.i THE SHAVE BEEN SET FOR A HEARING BEFORE V --7HESOON BUILDING. 113 WEST THE CITY MOUNTAN- I ARKANSAS / STREET R BUILDING. 113 WEST MOUNTAIN ON E�N� 219. �FAYETrt05 A OMA M. Y 1 4008 AT EITEMS M. SOME OF THESE ILL EMy 13E APPROVED ETY, HEARD EFORE THE .`1IiE SUBDMSION WMMRTEE. THOSEpm NOT APPROVED PLANNING COMMISSION ON MONDAY. APRR 404, YOW AT 5:30 PAA I- THE CRY ADMINISTRA TION MOLDING, 113 WEST MOUNTAIN STREET, ROOM 219. FAYEf17 MLLE. ARKANSAS. II Did Bus/esr P161 (CIFENRY ILBL.S 5/D:IIBTJ4431: Stbrritted by MCCLEL- '1' PPL �t8 PFIERUN � lRIT HI L THE W SIDE OF Hl1GFAAOIFTT Fm., N TO LAND CONSULTING ENGINEERS for Property 75.05 ICD., Ti14 LIERLV LANE Tie PLOP" is In the Flaayng Pzaa and oattant �2�a fir* � iequast s to approve " p�VaY Pmt la a rn,.,Itlerala stbdr4slort : posed. property Omta: JOHN 8 JEANNIE ARMSTRONG SubMtled m belatt cat.. RIC GRAY Sl17ANNE MORMN OTON gNANCN CEN7E14 69312 1 IJiD 06"1818° Larye Ea4ia Dwe1 HWY , N OF THE O7ARK MOUMIIIN Sbmited try TOM HENNELLY for Property rnat 3.35 SMOKEHOLGE. The.Mpeny s zoned R-0. RESIDENTIAL-OFFICE ares con 22. 75 Wad ey jam. The request s to approve a Inge scale carrarercW d&mIOP^pnl In 22,275 s.l. 061ce epac9r' and 88 PR KM Mabee proposes. Property Oester: CLIFF S1NIlPRD Psrran: JEREMY PATE 3. LSD 04_136WLw08 6eMa petreluPR� OBALL CO.. 67 SrDrritte0 by STEV� orieldl CLARK Lar property located al IOJE S SCHOOL AVENOF WHIUJ STREET LY, 411NR8 PER G2, THOROUGHFARE COMMERCIAL AND RSF-4. RESDFMIAL 5I1'1GOE' ACRE and contatis epPraalatey 4.02 aces The nequW CO Pm:rtera 13SOpOD s.iNE Ity wBh 31 palatg WOwren. WpposbI property OMAIL ' { New Business 8911: Stbnitted by CLARK CONSULTING for Prop" bGE; p.LSP pa-14W: Lot SPM PSRAELr s zaed R-A RESIDED-, ad at STARR DRIVE, BETWEEN 909 AND 1011 STARR DRIVE. Ila Property TIAL AGRICULTURAL, and contains epWoriralay 30.99 acres. The request s to spa Ilia sW)ect ProVj TE arty Mo fwO Vacs a 26.95 ad 2.00 saes. NoOedY Ow EMM AOMRFMOfM dol: PAS ", t 0. LSD 09-1862 LerPr,.>c...,,vw� BENUSRAEL GO AVENUE AT HOLLY STREET Tba WPP-... by N. ARTHUR SCOTT lar yrcloa`.r 1.68 ea9t. iiia erly s Zaad RME24, main FAMILY - 24 UNRSIACOROE Wppat wM 3939 oris end 82 pail'. ,anAast s ro approve a nesdernsl gnatrree an:Plat ^ roon s proposed. properly Owner BRANDON BARBER BOB WVESIMEMS, LLC Pmnner: SUZANNE MORGAN - OF THE CODE OF ORM NOTICE IS ALSO GIVEN THAT, PURSUANT TO THE PROVISIONS F BEEN SET FOR A HEARING OF THE CRY OF FAYEITEVII THE FOLLOWING CITY ADMINISTRATION D I C BEFORE THE PLANNING COMMISSION IN THE CRY ADMIN STRAT ON BUD NG 113 W} T MOUNTAIN STREET, ROOM 219. FAYEI'TEVILIE, ARKANSAS, ON MONDAY. APRIL 25: 2005 AT 6. ANLL 061861: @IMIU, all), Subn t W by MEL MILHOLLAND far property locates .> at AT END OF COUNTRY FUDGE FMD• N OF FMN ISE, W OF DEERFIEID WAY. The Property s in - psrWng Pres and ommkw 8pW stay 24.19 acres. The requests UI aOre sblact Into the City of Fayettevae FM" Ovmen: FORREST 8 MODYNE LANE Plainer: SUZANNE 1% . GAN � Q I T. FmF061462 DANE. 67112 Stbmltted by MEL MILHOLLAND for.property located at THE_B'1_ f] OF WUNTRY FUDGE, N OF 16E AND W OF DEERFIELD WAV. The PrOPerbs in the RSF4. Area dlld OmI apWaaratey 30.67 aces The request 's to nazgre Ole svWact NEP fI SSI Fatally. 4 trds per sae. PrOPOI Omen: FORREST 8 MODYNE LANE Rainer: SUZANNEA 0. MN W 1448: ISTAGI 6760 orad RSF-0. SINGLE FAMILGAN VRUSS STAS-by IU NACRE end 11��VT SCHOOL AVENUE. The Property to C-2, Ttwnotg!+(Qg. . eppro7iret* 0.34 eaea. The TrKPW s to rezone the stga0t, property Ps2, Coromandel. . MORGANR. 814A1'K.N K PAYNE tar properly 9. IQN O6-IMe: IPAYN4 IMB brnated by RODNEY ea at 1200 W BAIIEY DRIVE. Dw WWeny s zwed R-A. RESIDEMIAL-A. 7 . apWodnatey 4.73 acres. The mWed s to nems 0e Object property to FBrtOY, 7 uis pe: acre planIONEUS JEREMY PATE MEADOWS PHASE K 60712 Sb"Otad b/ H2, . 1 10. FR11 061460: (STONEBNDOB NEERING, INC. [Of POP"mcat� at GOFF FARM RD., E OF CRESCBQT LAKEAGRICULTIATAL�a1id BRIDGE MEADOWS GOLF COURSE. Tia property s zoned R-A, FIESIDEoperty to RSF-4, Re31&•• SW49Fndly4 nta;PrWr aaea: Tia requests to rezone trE a�OWS property 11. XN 0 4 oris Par ase SubtOled m belaK I BILL MfiIOhVS Planter:WILLIAM ANDM 11: R>71061180: (WLL BODY MOTOIRSPORTSr WII): Submitted by WILLIAM AND M ERS V IRE EDDY M property located at 1205 N PUTRALL DRIVE:The p I s zoned C-1, NEIGFI®OfiT, I FOOD COMMERCIAL and cOnatra approumstay 2.00 aces. The request Is to n endo the prapedy to G2, lTaraydana Conan le. Poverty Oman: WILLWd 8 MTHEFUNE EDDY JERQd•7 PATE 1112 S am �, CONSULTOJC for pmperN Iooa600' . 14. WP 061866: (ISRAEL. 1 STARR.DRIVE The Property s zoned R-A RESIDE NML AGFUCULTl1NAL end y 30.99 arms. The "I Ism approve a tadern lol Oa 0e atWect Pnaperty. H'OpenN ISRAEL FI VI : JEREMY PATE a44/aslk SobrI by MATT C RAFTOtgF CRAFTOJI., IA YAC 061431: (ASPEN IUDOE. TULL 8 ASSOC. for Properly boated Ut DUNC.AN AVENUE AND ANDERSON PLACE BEIWEEN'�T1. SRREET AND HILLAVENl1E. its Property s zoned RMF-24, MULTI FAMILY-2 4 LINfi&AGRE er�d, I1 tabs approxbretey 28.02 acres. T1s requaat s to vacate a .way w11Hn the J, property Omer: HANK BROYLES Proo" Oman: HAL FORSYTH VTH e . PATE WedY lCVAC061480: (HAff BEAN, Seale W)rNtted by J. JEFF MARTIN for OrIOCAad @L NATCHEZ TRACE. The Property is zoned RSF4, SINGLE FAMILY - 4 LWITSlACiRE'and eppraanatey 0.43 aces. Tia requ Is to vaate a 20' drainage easement along 004 aril rT i stbled POP". PiOparN Omler: BILL WAITSMAI4 Planner: JERfJAY PAIS rPATE C 061463: (6TaAMW ILMSIOILAfIY ISAPII6Tr 14412 SIs meas by STEVE CV't{1K Ldd,rJ et BE OORf4ER OF RGCK AND WILLOW. The pnaPedy s zoned RMF-2d,UNrTSIACRE ad cartes appraEnaely 5.20 saes. s toslays end as 04rcorstutod street. Properly Owner: ST. JAMES CC 061834: )IIAROUSrIII Su0m0ed by MARLA ARID ROBERT HARGUS laat 938 S HILL AVENUE. Tia property s zoned RMF-24, MULTFAMILY - 24 UNapaeiunatey0.138acres. Te requeal s to vacate a palof re aFay ontrIenter: S1ZMINE MORGANC 061456: (RECESSANY. 981: Sbrtidad IN B11C10fa for WATERSTONE. Re property Is zoned RSF-4, SINGLE FAMILY - 4 lAJI1SIACRE apprnwreteyaAM. The nearest s to vacate a Pallon d a tasty aa5enwnt on the n arty. PmPerIY Omer: BITLW NECESSARY P1811 : SUZANNE MORGAN IF 18. VAC OS-1458: (NEDNIL• 4841: Sbn°Oea by MANGY BUNCH for W Waty locatede1� .240 4 MEADOW. The Property s zoned C3, CENTRAL COMMERCIAL and 004401115 apPrmareteyd >% aoas. Tha mWo t 'a to vzoaa, two sews aaernarr15 an the subject Papally Properly : F pprypL PIar71er: JEREMY PATE and ba heard at Oe public Mornings. A copy Of the SAO Intarest§d panne may del aar ( w:. rank and odter peronent data are open ad avalmda M nspectbn n tlto oNop of.City (S@ 8267). 125 West Mo nlan Street, Fayarlavae.?d'ansI AO ba dll PU to peatoriI ¢OerPratera IX 700 fur hearing wnpaed are avasbs call 8330. ny%@ed.' Fa arVlar Irdomatbre n a to G�L w rAUI pWase Norti< we�Arkastsa�'�llost Wider Read NeursPaper'• AFFIDAVIT OF PUBLICATION do solemnly swear that I am the Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: &MWOO)(-� was inserted in the regular editions on PO# * Publication Charge: $ JX _ Subscribed and swom to before me this �( day of2005. Notary Public Sharlene D. Williams Notary Public My Commission Expires: State of Arkansas My Commission Expires October 18, 2014 Please do not pay from Affidavit. An invoice will be sent. P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-442-1700 • 479-442-5477 (FAX) Planning Commission • April 25, 2005 Page 39 RZN 05-1448: (STAGGS, 678): Submitted by RUSS STAGGS for property located at 2824 S SCHOOL AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.68 acres. The request is to rezone the subject property to C-2, COMMERCIAL THOROUGHFARE. Ostner: The next item on our agenda is RZN 05-1448 for Staggs submitted by Russ Staggs for property located at 2824 S. School Avenue. If we could have the staff report please? Morgan: The subject property consists of Lots 8 and 9 of Grandview Heights Subdivision containing approximately .68 acres. The property is located between School Avenue and Hayden Avenue and is zoned RSF-4. Surrounding properties consist with a mix of single family use as well as commercial and industrial properties. The applicant intends to utilize the existing structure on the property for a bail bonds business. This is classified under a Use Unit 16 which is not allowed in the RSF-4 zoning district as a permitted or Conditional Use. The applicant proposes rezoning the subject property to C-2, Thoroughfare Commercial to allow for a use that is compatible and similar in nature to the surrounding uses. With regard to findings, the Fire Department has reviewed this site and found that the response time is approximately five minutes. The Police have reviewed this particular request and found that the rezoning will not substantially alter the population density nor will it create an undesirable increase on police services. The future land use plan does designate this particular area for community commercial where adjacent to School Avenue. A portion of the property along School Avenue and directly to the north of this subject property is currently zoned C-2. Property to the south is zoned for residential use. Staff finds that the proposed rezoning is consistent with land use planning objectives and policies and is compatible with the adjacent properties in the same zoning district. The proposed zoning is not only compatible with the adjacent land uses but it will also support existing uses such as the County Correctional Facility, which is across the street from this property. With regard to traffic, it is the opinion of the Fayetteville Police Department that the change in zoning will not create an appreciable increase in traffic or traffic danger. Future development with the proposed zoning in this location may increase traffic accessing the adjacent rights of way. However, with regulations in regards to development of commercial property and this property also being adjacent to two streets, there are some abilities for regulations on curb cuts and access to the property. Staff is recommending in favor of this rezoning request and we will take any questions that you may have. Ostner: Is the applicant present? Please introduce yourself and tell us about your project. Planning Commissio�l April 25, 2005 Page 41 Ostner: Is there further discussion? Will you call the roll please? Roll Call: Upon the completion of roll call the motion to recommend approval of RZN 05-1448 to the City Council was approved by a vote of 8-0-0. Thomas: The motion carves. • City Council MZ'Eting of May 17, 2005 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: April 28, 2005 Subject: Rezoning for Staggs (RZN 05-1448) RECOMMENDATION Planning Staff recommends approval of the subject rezoning request to rezone approximately 0.68 acres of property from RSF-4, Residential Single Family — 4 units per acre, to C-2, Thoroughfare Commercial. BACKGROUND Property description: The subject property consists of lots 8 and 9 of Grandview Heights Subdivision, containing approximately 0.68 acres. The property is located between School Avenue and Haddon Avenue and is zoned RSF-4. There are currently two single - story homes on the property with a common access from School Avenue. Surrounding properties are a mix of single family residential, commercial and industrial uses.with adjacent businesses including an auto repair service and the Tyson plant. This area is designated as Community Commercial on the future land use plan. Proposal: The applicant intends to utilize the existing structures.on the property for a bail bond business. Use unit 16, under which bail bonds is located, is not allowed in the RSF- 4 zoning district as a permitted or conditional use. The applicant proposes a rezoning of the subject property to C-2, Thoroughfare Commercial, to allow for a use that is compatible and similar in nature to the uses that surround the parcel. Request: The request is to rezone the property C-2, Thoroughfare Commercial. This item was heard at the regular Planning Commission on April 25, 2005. No public comment was received. The Planning Commission voted 8-0-0 to forward this item to the City Council with a recommendation in favor of the rezoning to C-2, Thoroughfare Commercial. BUDGETIMPACT None. zd, en lAt Seeornd rd4J1ny S/i7/os [11 N t] 1UR04311203 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 05-1448 FOR PROPERTY LOCATED AT 2824 S SCHOOL,AVENUE. THE PROPERTY IS ZONED RSF-4, SINGLE FAMILY 4 UNITS/ACRES AND CONTAINS APPROXIMATELY 0.68 ACRES. THE REQUEST IS TO REZONE THE SUBJECT PROPERTY ,TO C-2, COMMERCIAL THOROUGHFARE. fT BE IT ORDAINED BY THE FAYETTEVILLE, ARKANSAS: Section 1: That the property is hereby changed as From RSF-4, Residential Single Fa Thoroughfare, as shown in Exhibit "A" Section 2. Arkansas, is hereby above. OF THE CITY OF of the following described units, to C-2; Commercial hereto and made a part hereof. zoning map ofAhe City of Fayetteville, the zoning.change nge provided in Section 1 PASSED ANl)'APPROVED this Vday of 12005, ATTEST: \' By: Sondra Smith, City Clerk By: DAN COODY, Mayor 0 EXHIBIT "A" RZN 05-1448 LOT NUMBERED EIGHT (8), GRANDVIEW HEIGHTS SUBDIVISION, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX - OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. -AND- A PART OF LOT 9, GRANDVIEW HEIGHTS SUBDIVISION, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: \/1% x BEGINNING AT A SET P/K NAIL MARKING TH&SOUTH WEST CORNER OF LOT 9 GRANDVIEW HEIGHTS SUBDIVISION, SAID�POINT BEING ON THOEA$j RIGHT OF WAY LINE OF SOUTH SCHOOL STREA1 TIffit NCEALONG THE WESTI INE OF SAID LOT 9 AND ALONG SAID RIGHT OF WAY LINE -NORTH 21 DEGREES 35 MINUTES 00 SECONDS EAST, 100.00 FEET TO'A SET REBAR MARKING THE NORTHWEST CORNER OF SAIDCOT 9, THENCE LEAVING SAID RIGHT OF WAY LINE AND ALONG THE NORTH LINE OF LOT 9, SOUTHb9,DEGREES 07 MINUTES 01 SECONDS EAST, 150.00 FEET>EXISTING�REBAR MARKING THE NORTHEAST CORNER OF SAID LOT\.SAID, , INT BEINGON THE WEST RIGHT OF WAY OF HADDON AVENUE. THENCE,AL` ONG THE:EAST LINE OF SAID LOT 9 AND SAID RIGHT OF W YNLINE, SOUTH'21 DEGREES 35 MINUTES 00 SECONDS WEST 98.07 FEET?TO A SETBAR. THENCE LEAVING SAID EAST LINE AND SAID RIGHT OFAW\X,, �LINE,�NORTH 66 DEGREES 05 MINUTES 29 SECONDS WEST, 47.45 FEET. THENGEaNORTH,71 DEGREES735 MINUTES 35 SECONDS WEST, 102.73 FEE.T_.T,O THE P4OINT`OF BEGINNING CONTAINING 14 620.19 SQUARE FEET DilS BJECT TO�"Y EASEMENTS OF RECORD, AS PER A PLAT OF SURVEY BY SAT4ERFIEL ^ "AND SURVEYORS, P.A., JOB NO. 29-393, DATED N PC Meeting of April 25, 2005 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Associate Planner THRU: Jeremy Pate, Director of Current Planning DATE: April 15, 2005 RZN 05-1448: (STAGGS, 678): Submitted by RUSS STAGGS for property located at 2824 S SCHOOL AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.68 acres. The request is to rezone the subject property to C-2, COMMERCIAL THOROUGHFARE. Planner: SUZANNE MORGAN RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings herein, PLANNING COMMISSION ACTION: Required YES ® Approved O Denied Date: April 25, 2005 CITY COUNCIL ACTION: Required/ YES O Approved O Denied Date: May 19, 2005 (1" readine if recommended) BACKGROUND: Property description: The subject property consists of lots 8 and.9 of Grandview Heights Subdivision, containing approximately 0.68 acres. The property is located between School Avenue and Haddon Avenue and is zoned RSF-4. There are currently two single -story homes on the property with a common access from School Avenue. Surrounding properties are a mix of single family residential, commercial and industrial uses with adjacent businesses including an auto repair service and the Tyson plant. Proposal: The applicant intends to utilize the existing structures on the property for a bail bond business. Use unit 16, under which bail bonds is located, is not allowed in the RSF-4 zoning district as a permitted or conditional use. The applicant proposes a rezoning of the subject property to C-2, Thoroughfare Commercial, to allow for a use that is compatible and similar in nature to the uses that surround the parcel. A:IRepora120051PC Repores104-25-05VZZN 05-/448 (Strggs).doc 0 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 on the General Plan 2020 and functions as an area of commercial property that acts as a buffer between industrial and residential uses. The property has direct access to School Avenue, a major thoroughfare. The area adjacent to School Avenue serves as a large commercial area with an existing assortment of residential, shopping, and industrial uses located in close proximity to each other, serving the surrounding community. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Auto Repair Service C-2, Thoroughfare Commercial South Single Family Residential RSF-4, Res. Single Family —4 du/acre East Single Family Residential RSF-4, Res. Single Family — 4 du/acre West Tyson Plant I-1, Heavy Commercial & Light Industrial I-2, General Industrial INFRASTRUCTURE: Streets: Currently the site has access to South School. Road improvements per AHTD and dedication per the master street plan are required Surrounding Streets: North: 26'" Street (Local) South: Peach Street (Local) East: Haddon Avenue (Local) West: School Avenue (Principal Arterial) Water: Public water is adjacent to the site. There is a 12" main along South School. Water service will need to be extended within the property at the time of development. Sewer: Sanitary sewer is adjacent to the site. Fire: The Fayetteville Fire Department has reviewed the request and has estimated.that the response time from Fire Station #1 to the site would be approximately 5 minutes for a distance of 2.1 miles. 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. 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.Weports110051PC Reports104-15-05VtZN 05-1448 (Sbggs).dw 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. The property in question is adjacent to parcels zoned RSF-4 to the east and south, C-2 to the north, and 1-1/I-2 to the west. Surrounding properties are primarily industrial or commercial in nature. The lots within Grandview Heights Subdivision adjacent to School Avenue are indicated on the Future Land Use plan for an area higher intensity commercial use. Enforcement of development regulations will alleviate any negative appearance of commercial development along School Avenue and Haddon Avenue by regulating landscaping, access, commercial design standards, etc. 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 defines Community Commercial as "activity areas that primarily serve the residents of the community." The proposed zoning and use would be similar to and compatible with adjacent land uses and support existing use such as the County Correctional Facility. 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 may increase traffic accessing onto adjacent rights -of -ways. At this time, a curb cut exists from the property to School Avenue. Restricting additional curb cuts on School Avenue or closing the existing entrance and constructing a new access from Haddon Avenue may decrease potential traffic conflicts on this major thoroughfare. Police — It is the opinion of the Fayetteville Police department that an appreciable increase in 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 IReportr12005LPC Reports104-25-05YOV 05-1448 (Sbggs).do Finding: The proposed zoning would not substantially alter the population density in the area. Increased load on public services were taken into consideration and recommendations from Engineering, Fire, and Police Departments are included in this report. Currently the site has access to School Avenue and Haddon Avenue. At the time of future development, these streets may 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. 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. IReportr120051PC Repor1s104-25-05WZV 05-1448 (Snggs).doe r r 161.07 District Rsf4, 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 1 �Cit -wide uses by right Unit 8 1 Single-family 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 dwellin s Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family Two-family dwellings dwellings s per LcrEa 4 or less 7 or less (D) Bulk and area regulations. Single-family dwellings Two-family dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 8,000 sq. ft. 12,000s Land area per dwellin unit 8,000 sq. ft. 6,000 sq. ft. (E) Setback requirements. 11 Front Side Rear 25 ft. 8 ft. 1 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. KARepores120051PC Reporn104-15-05ViZN 05-1448 (Snggs).doc 161.17 District C-2, Thoroughfare Commercial (A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities 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 oods Unit 17 Trades and services Unit 18 Gasoline service stations & drive-in restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 33 Adult live entertainment club or bar Unit 34 Liquor store (21 Condifinnal uses Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 21 Warehousin and wholesale Unit 28 Center for collecting recyclable materials Unit 32 Sexually oriented business Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 50 fL Side None Side, when contiguous to a residential district 15 ft. Rear 20 ft. (F) Height regulations. In District C-2 any building which exceeds the height of 20 feet shall be set back from any boundary line of any residential district a distance of one foot for each foot of height in excess of 20 feet. No building 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. April 18, 2005 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, In reference to RZN 05-1448: (STAGGS, 674): Submitted by RUSS STAGGS, for property located at 2825 S. SCHOOL AVENUE. The property is zoned RSF-4, SINGLE FAMUKY-4 UNITS/ACRES and contains approximately 0.34 acres. The request is to rezone the subject property to C-2 Thoroughfare Commercial. 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. Individually, each of these annexations and rezoning do not necessarily substantially alter the population density, nor do they create and appreciable increase in traffic danger and congestion. The sum total presented over the years, however, has had a substantial impact on the demand for police services and has caused an appreciable increase in traffic congestion. Without the addition of police patrol personnel, these areas may see a lack of traffic enforcement or may experience situations where officers are delayed in answering many calls for service because of call volume exceeds the number of officers available to respond in a timely manner. Sincerely, Captain William Brown Fayetteville Police Department Item 6 on Rezoning Application: zoning Request Description a. Current ownership information. Property is currently owned by sunset Properties, L.L.C., and there are no known proposed property sales at this time. b. Reason for Rezoning change request. To allow development of the tracts for a Bail Bond Business c. How the property relates to surrounding nrnnartiac Tn7s property wi// continue the emerging trend in the area for the business, the appearance will be the same but with a sign in front of the property and a parking area for the business. d. Availability of water and sewer. This Property already water and sewer. There is a 6" sewer Iine and a I2" water Iine on the property. Item 7 on Rezoning Application Checklists: a. The proposed zoning is entirely consistent with the Land use and zoning plans. b. The proposed zoning is justified for opening a new. business. c. The proposed zoning wi77 not increase traffic. d. The proposed zoning will not cause an undesirable increase to the load on public services because water and sewer are already present. e. To be in compliance with the city codes to operate a business in the city. Real Property located at 2824 b scnooi Ave, raynuev1wc, ..: THIS 'EXHIBIT A' IS EXECUTED ON JUNE 3, 2� GRANTOR: • SUNSET PROPERTIES LLC GARY EDWARDS. Manager of Sunset Properties LLC uun np,rwy.vw.cS,.m=)br•. x.w r+„l. S.wru wv •n1.mW uMwv�..u,:,ursurwlM�C,+uMVNx l�o•m,vl,W„rnaw _ . LEGAL DESCRIPTION: LOT NUMBERED EIGHT (8), GRANDVIEW HEIGHTS SUBDIVISION, A SUBDIVISION TO THE CITY OF FAYETTEILLE, ARKANSAS; AS: PER PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK' IAND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. -AND- PART OF LOT 9, GRANDVIEW HEIGHTS SUBDIVISION, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A SET PIK NAIL MARKING THE SOUTHWEST CORNER OF LOT 9, GRANDVIEW HEIGHTS SUBDIVISION, SAID POINT BEING ON THE EAST RIGHT OF WAY LINE OF SOUTH SCHOOL STREET; THENCE ALONG THE WEST LINE OF SAID LOT 9 AND ALONG 1 DEGREES 35 MINUTES.00 SECONDS EAST, 100.00 SAID RIGHT OF WAY LINE NORTH 2 FEET..TO A SET REBAR MARKING THE NORTHWEST CORNER OF SAID LOT 9, THENCE T 9v SOUTH LEAVING I DEGREES 07MINUTES 07 EAD RIGHT OF WAY LINE AND ALONG THE R CONDS EAST, 150 00 FEET TO AN EXIST NG REBAR MARKING THE NORTHEAST CORNER OF SAID LOT 9, SAID POINT BEING ON THE WEST RIGHT OF WAY OF HADDON AVENUE. THENCE ALONG THE EAST LINE OF SAID LOT 9 AND SAID RIGHT OF WAY LINE, SOUTH 21 DEGREES 35 MINUTES 00 SECONDS WEST 98.07 FEET TO A SET REBAR. THENCE LEAVING SAID EAST LINE AND SAID RIGHT OF WAY. LINE, NORTH 66 DEGREES 05 MINUTES 29 SECONDS WEST, 47AS FEET. THENCE NORTH 71 DEGREES 35 MINUTES 35 SECONDS WEST, 102,73 FEET TO THE POINT OF BEGINNING, CONTAINING 14,620,19 SQUARE FEET AND SUBJECT TO ANY EASEMENTS OF RECORD, AS PER A PLAT OF SURVEY BY SATTERFIELD LAND SURVEYORS, PA., JOB NO. 29-393, DATED 05/1912003. G (C 0 - EXHIBIT "All ��� � PROPERTY TO BE REZONED BMITTED B HE APPLICANT �O 59 Applicants re conduct or permit any nuisance nor commit, acquisition of any '^Y Portion of the Property, Without limiting thenuisance generality Party the right to remove, any timber, minerals (including oil and as Permit or suffer any stripping written consent. of the foregoing, Grantor will not remove, ortgra t to any otheOr waste on or r gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior Removal of Improvements. Grantor shall not demolish or remove any improvements from the Real Property without Lender's prior written A Overview Legend Subject Property Master Street Plan Boundary RZN0S-1448 Freeway/Expressway ' O1%� Planning Area A �ooard y Principal Arterial Streets O°O Overlay District 00000 •-_� ^� Minor Arterial i� Emsting nttt:. Outside City i •••-,`• I ♦ Collector Planned Historic Collector t •__I 0 SO 100 200 300 • City of Fayetteville • Staff Review Form City Council Agenda Items or Contracts 17 -May -05 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: RZN 05-1448: STAGGS, 678): Submitted by RUSS STAGGS for property located at 2824 S. SCHOOL AVENUE. The property is zoned RSF-4, Single Family 4 Units/Acres and contains approximately .68 Acres. The request is to rezone the subject property to C-2, Commercial Thoroughfare. Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project Category Name n/a n/a n/a Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Q Previous Ordinance or Resolution # n/a Departmentbirector Date Original Contract Date: n/a Original Contract Number: n/a S- L a Z Attomey Received in City Cl O5 Finance and Internal Service Director Date Received in Mayor's Office Mayor / Date From: Clarice Pearman To: Pate, Jeremy Date: 6/13/05 1:25PM Subject: Ord. 4708, 4709, 4711, 4712 & 4713 Jeremy, Attached are copies of the above ordinance passed by City Council June 7, 2005. From: Clarice Pearman To: Goddard, John; Jorgensen, Todd; Randall, Clyde Subject: Fwd: Ord. 4708, 4709, 4711, 4712 & 4713 >>> Clarice Pearman 06/13/05 01:25PM >>> Jeremy, Attached are copies of the above ordinance passed by City Council June 7, 2005. A1 1 .i .r De o, r ..i �" s �. i : 1 b 1. "Northwest ArkaAciuI most Wi'de# Read NewspaperI/ AFFIDAVIT OF PUBLICATION I, Erin Emis. do solemnly swear that I am the Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and. reference to the files of said publication, that advertisement of: was inserted in the regular editions on PO#. ** Publication Charge: $ /V9- eo Subscribed and sworn to fore me this day o 2005. Notary Public Sharlene D. Williams Notary Public My Commission Expires: State of Arkansas My Commission Expires October 18, 2014 ** Please do not pay from Affidavit. An invoice will be sent. - REGEI�E� JIlt� 2 0 2i� ��pFRK��I'LLE P.O. BOX 1607 0 212 N. EAST AVENUE • FAYETTEVILLE. ARKANSAS 72701 • 479-571-6470 lC.R.ORD�IN[O Br;I z CRY COUNCIL OF TH9.CRY OF PAYUrrU LLE, ARKAKSM iect'ioit 1. That the zone dasvl0c 6olpre MlowkV dwWbed Property is hereby CrargW m fold s: From RSF=4,,ReeMenld Sr51e FeMly, d L"ts Per acre to C-2 Thoroughfare Commercial, as blown n Exhidl `A'. attarJod Ileretonang'm6de.A Pert hereof. _ Sector 2: That the 0MCIW zonrg rump olue City of FayencM le. Arlmrtses is hereby mended to roA ft zwN charge pro dW in Section t abbe. PASSED mW APPROVED tl 7th day of JUre. 2005. EONORA 6MRH. Chy CMrt EXHIBIT 0A' RZN 05-1468 J EIGHT Ie1, GRANDVIIEW HEIGHTS SUBDIVISION. A SUBDfVISION TO THE CITY OF ARKANSAS, AS PER PLAT OF SAID SUSDMSION ON FILE IN THE OFFICE OF THE AND EX-0FFICIO RECORDER OF WASHINGTON COUNTY. ARKANSAS. A PART OF LOT 9, ARKANSAS, BEING MORANDVIEW HEIGHTS SUBDIVISION, RE PACULARLY DESCRIBED AS FOLLOWS: WASHINGTON COUNTY. OF LOT 9. GRANDVIEW HEIGBEGINNING HTS SUBDA SET P/K NAILIVISION. SAID POINT BE NG ON THE G THE SOUTHWEST CORNER OF WAY LINE OF SOUTH SCHOOL _- __—..-,- �m.la,. ,,.,c � ceini rTT o ANn m Mn SAID RIGHT OF WAY LINE SAID LOT 9, THENCE LEAVING 5 U HFJHI Ur "AT unc Alw F 9. SOUTH W DEGREES 07MINUTES01 SECONDS FAST, 150.00 ARKING THE NORTHEAST CORNER OF SAID LOT 9, SAID POINT WAY OF HADDON AVENUE. THENCE ALONG THE EAST LINE OF WAY LINE. SOUTH 21 DEGREES 35 MINUTES 00 SECONDS WEST ANY EASEMENTS OF RECORD; AS PER A I. P.A., JOB NO. 29-393_ DATED 05/1 82 0 0 3. RECEIVED JUN 2 0 2885 CITY CLERICS