HomeMy WebLinkAboutOrdinance 4729 ORDINANCE NO. 4729
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 05- 1523 FOR APPROXIMATELY 0.25 ACRES
LOCATED AT 2826 SOUTH SCHOOL AVENUE FROM RSF-4,
RESIDENTIAL SINGLE-FAMILY, 4 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, 4 units per
acre, to R-O, Residential-Office, as shown on 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 191hday of July, 2005.
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ATTEST:
By:
S NDRA SMITH, City Clerk
IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
Doc ID : 009017500002 TVPe : REL
Recorded : 08/23/2005 at 11 : 32 : 17 AM
Fee Amt : $11 : 00 Peae 1 of 2
Nashlnaton County . AR
Bette Stamoe Circuit Clerk
Flle2005--00037065
EXHIBIT "A"
RZN 05-1523
A PART OF LOTS 9 AND 10, 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 9, GRANDVIEW HEIGHTS SUBDIVISION, SAID POINT BEING ON THE EAST
RIGHT OF WAY LINE OF SOUTH SCHOOL STREET, THENCE SOUTH 71 DEGREES 35
MINUTES 35 SECONDS EAST 102.73 FEET, THENCE SOUTH 66 DEGREES 05
MINUITES 29 SECONDS EAST 47.45 FEET TO A SET REBAR ON THE EAST LINE OF
LOT 9 AND ON THE WEST RIGHT OF WAY LINE OF HADDON AVENUE, THENCE
ALONG THE EAST LINE OF LOTS 9 AND 10 AND ALONG SAID RIGHT OF WAY LINE,
SOUTH 21 DEGREES 35 MINUTES 00 SECONDS WEST 71 .93 FEET TO A SET REBAR,
THENCE LEAVING THE EAST LINE OF SAID LOT 10 AND SAID RIGHT OF WAY LINE,
NORTH 69 DEGREES 07 MINUTES 01 SECONDS WEST 150.00 FEET TO A SET REBAR
ON THE WEST LINE OF LOT 10 AND ON THE EAST RIGHT OF WAY LINE OF SOUTH
SCHOOL STREET, THENCE ALONG SAID WEST LINE AND ALONG SAID RIGHT OF
WAY LINE, NORTH 21 DEGREES 35 MINUTES 00 SECONDS EAST 70.00 FEET TO THE
POINT OF BEGINNING, CONTAINING 10,887.91 SQUARE FEET AND SUBJECT TO
ANY EASEMENTS ON RECORD OR FACT.
GRANTOR HERBY RETAINS A 14 FOOT EASEMENT ALONG THE SOUTH SIDE FOR
THE PERSONAL USE OF SAID GRANTOR WITH SAID EASEMENT EXPIRING UPON
GRANTOR' S DEATH OR GRANTOR' S LATER CONVEYANCE OF THE LANDS LYING
ADJACENT TO AND SOUTH OF SAID EASEMENT, WHICH EVER EVENT SHALL
OCCUR FIRST.
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City Council Meeting of July 5, 2005
Agenda Item Number
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CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: June 15, 2005
Subject: Rezoning for Hartlerode (RZN 05- 1523)
RECOMMENDATION
Planning Staff recommends approval of the subject rezoning request to rezone
approximately 0.24 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 a part of lots 9 and 10 of
Grandview Heights Subdivision, containing approximately 0.24 acres. The property is
located between School Avenue and Haddon Avenue and is zoned RSF-4. There is
currently a single-story home on the property with access from School Avenue.
Surrounding properties are a mix of single family residential, commercial and industrial
uses with adjacent businesses including a bail bond business 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.
DISCUSSION
This item was heard at the regular Planning Commission on June 13, 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 .
BUDGET IMPACT
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ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1523 FOR APPROXIMATELY
0.25 ACRES LOCATED AT 2826 SOUTH SCHOOL AVENUE FROM
RSF-4, RESIDENTIAL 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 on 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 05-1523
A PART OF LOTS 9 AND 10, 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 9, GRANDVIEW HEIGHTS
SUBDIVISION, SAID POINT BEING ON THE EAST RIGHT OF WAY LINE OF
SOUTH SCHOOL STREET, THENCE SOUTH 71 DEGREES 35 MINUTES 35
SECONDS EAST 102.73 FEET, THENCE SOUTH 66 DEGREES 05 MINUITES 29
SECONDS EAST 47.45 FEET TO A SET REBAR ON THE EAST LINE OF LOT 9
AND ON THE WEST RIGHT OF WAY LINE OF HADDON AVENUE, THENCE
ALONG THE EAST LINE OF LOTS 9 AND 10 AND ALONG SAID RIGHT OF WAY
LINE, SOUTH 21 DEGREES 35 MINUTES 00 SECONDS WEST 71 .93 FEET TO A
SET REBAR, THENCE LEAVING THE EAST LINE OF SAID LOT 10 AND SAID
RIGHT OF WAY LINE, NORTH 69 DEGREES 07 MINUTES O1 SECONDS WEST
150.00 FEET TO A SET REBAR ON THE WEST LINE OF LOT 10 AND ON THE
EAST RIGHT OF WAY LINE OF SOUTH SCHOOL STREET, THENCE ALONG
SAID WEST LINE AND ALONG SAID RIGHT OF WAY LINE, NORTH 21
DEGREES 35 MINUTES 00 SECONDS EAST 70.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 109887.91 SQUARE FEET AND SUBJECT TO ANY
EASEMENTS ON RECORD OR FACT.
GRANTOR HERBY RETAINS A 14 FOOT EASEMENT ALONG THE SOUTH SIDE
FOR THE PERSONAL USE OF SAID GRANTOR WITH SAID EASEMENT
EXPIRING UPON GRANTOR' S DEATH OR GRANTOR'S LATER CONVEYANCE
OF THE LANDS LYING ADJACENT TO AND SOUTH OF SAID EASEMENT,
WHICH EVER EVENT SHALL OCCUR FIRST.
y
PC Meeting of June 13 , 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: Jesse Fulcher, Associate Planner
THRU : Jeremy Pate, Director of Current Planning
DATE: May 25, 2005
RZN 05- 1523: (Hartlerode, 678): Submitted by BETTY HARTLERODE for property located
at 2826 S. SCHOOL AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4
UNITS/ACRE and contains approximately 0.24 acres. The request is to rezone the subject
property to C-2, THOROUGHFARE COMMERCIAL.
Planner: JESSE FULCHER
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
PLANNING-COMMISS ONEACTION Required YEri
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E3zApproved 3O emed
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Date June 13 2005 poo � rt , r E� 4 4 €
CIT COUNCIL ACTION 5, ; t Requir"ed YES 3= M
=�� � ' d App'.roved � � H Denied .• -
D `a'te rJuly. S, 2005 (ls` reading-'ifrecornnendedl . ,
BACKGROUND:
Property description: The subject property consists of a part of lots 9 and 10 of Grandview
Heights Subdivision, containing approximately 0.24 acres. The property is located between
School Avenue and Haddon Avenue and is zoned RSF-4. There is currently a single-story home
and accessory building on the property that shares a common access from School Avenue with a
neighboring single-story home. Surrounding properties are a mix of single family residential,
commercial and industrial uses with adjacent businesses including a bail bonds business and the
Tyson plant.
On March 30, 2005 city staff received a citizen complaint regarding an illegal sign at this
location. Preliminary research of the zoning revealed that the property was zoned RSF-4,
Residential Single Family-4 Units per Acre. Immediately following, a site investigation was
conducted by code compliance officers, who discovered illegal signs associated with a bail
K- IReports120051RC Reports106-13-051RZN 05-1513 (harderode).doc
bonding business. Following procedure, a violation notice was mailed out via certified mail to
the property owner and to the property in question. Upon receiving the violation, the applicant
contacted the Planning Department to find out what she needed to do to resolve the violation.
Staff informed her that a bail bonding business and the associated signs weren't allowed in the
RSF-4 zoning district and that this use would require a property zoned C-2, Thoroughfare
Commercial. A rezoning application for the subject property was submitted to the Planning
Department on the next submittal date, as required to suspend the violation.
Proposal: The applicant intends to continue utilizing the existing structure on the property for a
bail bonding 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.
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, commercial, and industrial uses
located in close proximity to each other, serving the surrounding community.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Bail Bonding Business 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
1-2, General Industrial
INFRASTRUCTURE:
Streets: Currently the site has access to South School. Road improvements per AHTD and
dedication per the master street plan would be required if the property were to
further develop.
Surrounding Streets:
North: 26`h Street (Local)
South: Peach Street (Local) (2 lots south of subject property)
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.
K.lReporut20051PC Repora106-13-051RZN 05-1523 Rrarderode).doc
Sewer: Sanitary sewer is adjacent to the site. There is a 6" main along South School.
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 4
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,
with the exception of across Haddon Ave. and across Peach St., which are utilized for single
family homes.
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 south and across Haddon Ave. to the east, C-2 to the north, and I-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 of 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. Single family home fronting onto and accessing a
Principal Arterial are discouraged in the General Plan 2020.
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 uses such as the
County Correctional Facility.
K:IReporte110051PC RepomIO6-13-051RZN 05-1523 (hartlerode).doc
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.
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.
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
K.IReporU120051PCReportsIO6-13-05IRZN05-1513 (harderode).do
161.07 District Rsf-4, Residential Single-Family — Four 161 .17 District C-2, Thoroughfare Commercial
Units Per Acre
(A) Purpose. The Thoroughfare Commercial
(A) Purpose. The RSF-4 Residential District is District is designed especially to encourage the
designed to permit and encourage the development of functional grouping of these commercial
low density detached dwellings in suitable enterprises catering primarily to highway
environments, as well as to protect existing travelers.
development of these types.
(B) Uses.
(B) Uses.
1 Permitted uses.
(1 ) Permitted uses. Unit 1 Cit -wide uses by right
Unit 4 Cultural and recreational facilities
FF
Unit 1 Cit -wide uses b right Unit 12 Offices, studios and related services
Unit 8 Sin le-famii dwellin Unit 13 Eatinglaces
Unit 14 Hotel, motel, and amusement facilities
(2) Conditional uses. Unit 15 Neighborhood shopping oods
Unit 16 Shopping oods
Unit 2 City-wide uses by conditional use Unit 17 Trades and services
permit Unit 18 Gasoline service stations & drive-in
Unit 3 Public protection and utility facilities restaurants
Unit 4 Cultural and recreational facilities Unit 19 Commercial recreation, small sites
Unit 9 Two-family dwellings Unit 20 Commercial recreation, large sites
Unit 24 Home occupations Unit 33 Adult live entertainment club or bar
Unit 36 Wireless communications facilities Unit 34 Liquor store
(C) Density. 2 Conditional uses.
Unit 2 City-wide uses by conditional use permit
Single-familyTwo-family Unit 3 Public protection and utilityfacilities
dwellin s dwellin s Unit 21 Warehousing and wholesale
Units per 4 or less 7 or less Unit 28 Center for collecting recyclable materials
acre Unit 32 Sexually oriented business
Unit 35 Outdoor music establishments
(D) Bulk and area regulations. Unit 36 Wireless communications facilities
Single-family Two-family (C) Density. None.
dwellings dwellings (D) Bulk and area regulations. None.
Lot minimum width 70 ft. 80 11 E Setback regulations.
Lot area minimum 8,000 sq. ft. 12,000 s . ft. Front 50 ft.
Land area per 8,000 sq. ft. 6,000 sq. ft. Side None
dwellin unit Side, when contiguous to a residential 15 ft.
district
(E) Setback requirements. Rear 20 ft.
Front SideRear (F) Height regulations. In District C-2 any
25 ft. 8 ft. 20 arft. 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
(F) Height. None. 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 40% of the total area of (G) Building area. On any lot, the area occupied
such lot. by all buildings shall not exceed 60% of the total
area of such lot.
K:IReporisl20051PC Reports106-13-051R7,N 05-1523 (harderode).doc
FAYL - fEVILLE
VE
POLICE
THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT
99KAN5
May 31 , 2005RECEIVED
Jeremy Pate
Zoning and Development Director JUN 0 12.q05
City of Fayetteville PLANNING
113 W. Mountain DIV,
Fayetteville, Arkansas 72701
Dear Director Pate,
This document is in response to the request for a determination of whether the proposed
Rezoning RZN 05-1523: (HARTLERODE, 678): Submitted by CHRIS & BETTY
HARTLERODE for the property located at 2826 S . SCHOOL AVENUE. The property is
zoned RSF4, SINGLE FAMILY — 4 UNITS / ACRES and contained approximately 0.25
acres. The request is to rezone the subject property to C-2, Thoroughfare Commercial.
Itis the opinion of the Fayetteville Police Department that this re-zoning 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.
In reference to RZN 05-1524 (HONDA PRO, 367): submitted by SETH MCCLELLAND
for the property located at 300, 306, and 310 W. POPLAR STREET. The property is
zoned R-O, RESIDENTAIL-OFFICE. The request is to rezone the subject property to I- 1 ,
Heavy Commercial, Light Industrial.
It is the opinion of the Fayetteville Police Department that this re-zoning 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.
Sincerely, /7
CaptainWMi rn Brown
rown
Fayetteville Police Department
FAYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701
P.O. BOX 1988 JAIL: 140-A WEST ROCK STREET 72701
FAYETTEVILLE, ARKANSAS 72702-1988 PHONE: 479-587-3555 FAX: 479587-3522