HomeMy WebLinkAboutOrdinance 4734 III III IIIIII III VIII VIII VIII VIII VIII VIII IIIIIIIIII VIII IIIIIIIIIIIII IIII
Doc ID : 009064480002 Tvoe : REL
Recorded : 09/06/2005 at 09 : 55 : 21 An
Fee Amt : $11 . 00 Peae 1 of 2
Washlnaton Countv . AR
Bette Stamos Circuit Clerk
F11e2005-00039233
ORDINANCE NO. 4734 t
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 054546 FOR APPROXIMATELY 1 .20
ACRES LOCATED AT THE NORTHWEST CORNER OF HIGHWAY
45 AND BOX 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 this 2nd day of August, 2005.
APPROVED:
�,.S`;R` YVTRq''%.
�.h�G.•C\S Y O,c .
C.
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one
; FAYETTEVILLE •
� '. q 5 By:
%9&.ei- Y ANSP• DAN COODY, Mayor
��0'y;NG�oego N.�C;
ATTEST:
By: vw`t�l�
SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 05-1546
SURVEY DESCRIPTION TRACT "A" (ADJUSTED):
PART OF THE NORTHWEST '/4 OF THE SOUTHWEST '/4 OF SECTION 1 , TOWNSHIP
16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPLE MERIDIAN IN
WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT
1 OF THE BRADEN ADDITION AS SHOWN ON THE FINAL PLAT IN THE OFFICE OF
THE CIRCULT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS, THENCE S02131125"W 116.00 FEET TO THE POINT OF BEGINNING.
THENCE S02'31 '25 "W 189.82 FEET TO A FOUND IRON PIN, THENCE 52911415911W
24.87 FEET TO THE NORTH RIGHT OF WAY OF ARKANSAS HIGHWAY 45, THENCE
ALONG SAID RIGHT OF WAY S88'31 '46" 204.97 FEET, THENCE DEPARTING SAID
NORTH RIGHT OF WAY N62'50'52"E 25.59 FEET, THENCE N0213114511E 215.78 FEET,
THENCE S87'26'35 "E 238.83 FEET TO THE POINT OF BEGINNING. CONTAINING 1 .20
ACRES MORE OR LESS SUBJECT TO UTILITY EASEMENTS AND RIGHT OF WAY
RECORD.
Washington County, AR
I certify this instrument was filed on
09/06/2005 09:55:21 AM
and recorded in Real Estate
File Number 2005-00039233
Bette Stamps - Circuit CI k
by
�2p
City Council (feting of July 19, 2005
Agenda Item Number
CITY COUNCIL AGENDA MEMO rrlU leas
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: June 28, 2005
Subject: Rezoning for Mathias (RZN 05- 1546)
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 1 .20 acres
of property from RSF-4, Residential Single Family — 4 units per acre, to R-A, Residential
Agricultural
BACKGROUND
Property description: The subject property is located north of Mission Blvd (Hwy 45)
and east of Crossover Road. It contains 1 .20 acres, zoned RSF-4 and is a part of a larger
1 . 83 parcel of property. The applicant has submitted a property line adjustment to create
a 1 .20-acre parcel should the requested rezoning to R-O, Residential Office, be approved.
Currently the property is vacant; should the rezoning request be approved the applicant's
intent is to request approval of a Large Scale Development to construct a bank on this
site, one of the several uses permitted within the R-O zoning district.
Background: This property was created in 1974, as an outlot, when the surrounding
property was subdivided and platted as Braden Addition, an eleven lot subdivision along
Box Avenue. This lot has remained vacant, as have many of the lots within the Braden
Addition. In recent years, the previous owner(s) of this property and several properties
within Braden Addition have requested rezoning consideration from RSF-4 to C- 1 and R=
O. None of these rezoning requests were heard by the Planning Commission, as the
applicant withdrew the request prior to the scheduled hearing.
Public Comment: Staff has received public comment from the owner to the north who is
in favor of the requested rezoning.
Recommendation: Staff recommends approval of the rezoning request. This area is
designated Residential on the future land use plan, and located adjacent to a major node
of commercial property within the City of Fayetteville. The Residential Office provides a
transitional zoning district from the heavier commercial uses and residential uses behind.
Recommendations for safe traffic patterns and improvements to surrounding streets will
be made at the time of development of this subdivision.
� Q�� o, , /� Cend ra�d. hy 7/ry/
• City Council feting of July 19, 2005
Agenda Item Number
DISCUSSION
This item was heard at the regular Planning Commission on June 27, 2005. The Planning
Commission voted 9-0-0 to forward this item to the City Council with a recommend in
favor of the rezoning.
BUDGETIMPACT
None.
0
ORDINANCE NO,
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1546 FOR APPROXIMATELY 1 .20
ACRES LOCATED AT THE NORTHWEST CORNER OF HIGHWAY
45 AND BOX 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: ti
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 t6NF�O;9
^ � ,
Residential Office, as shown on Exhibit `At' attached hereto and made a
part hereof.
Section 2: That the official zorimg,map of the Cityof Fayetteville, Arkansas is
hereby amended to reflect the zoning ehahgeprovided in Sectionl'above.
PASSED and APPROVED this`+ /rte daof 2005.
APPROVED:
\ By:
DAN GOODY, Mayor
ATTEST: � .
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 05-1546
SURVEY DESCRIPTION TRACT "A" (ADJUSTED):
PART OF THE NORTHWEST '/< OF THE SOUTHWEST '/4 OF SECTION 1 ,
TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPLE MERIDIAN
IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHEAST CORNER OF
LOT 1 OF THE BRADEN ADDITION AS SHOWN ON THEYFINAL PLAT IN THE
OFFICE OF THE CIRCULT CLERK AND EX-OFFICIO RECORDER . OF
WASHINGTON COUNTY ARKANSAS, THENCE S02'31 '25 "W 116.00 FEET TO
THE POINT OF BEGINNING.
THENCE S02'3F25 "W 189. 82 FEET TO A FOUND-IRON PIN, THENCE S291141591?W
24. 87 FEET TO THE NORTH RIGHT OF WAY OF ARKANSAS HIGHWAY 45,
THENCE ALONG SAID RIGHT OF WAY' S88'31 '46" 204.97 FEET;7THENCE
DEPARTING SAID NORTH RIGHT OF WAYI�N62'50'52 E 25.59 FEET, THENCE
NO2'31 '45 "E 215.78 FEET, THENCE S8712613511E:23.8`83 FEET TO THE POINT OF
BEGINNING. CONTAINING 1 .20 ,ACRES MORE OR-LESS SUBJECT TO UTILITY
EASEMENTS AND RIGHT OF WAY RECORD. \\
11, v
t \
;� .`
00 00
�aye
V� le PC Meeting of June 27, 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 : Suzanne Morgan, Current Planner
THRU : Jeremy Pate, Director of Current Planning
DATE: June 23, 2005
RZN 05- 1546: (MATHIAS, 372): Submitted by H2 ENGINEERING, INC. for property located at
NW CORNER OF HWY 45 AND BOX AVE. The property is zoned RSF-4, SINGLE FAMILY - 4
UNITS/ACRE and contains approximately 1 .20 acres. The request is to rezone the subject property
to R-0, RESIDENTIAL OFFICE.
Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends approval of the requested rezoning to R-O, Residential Office, based on the
findings herein.
PLANNING COMMISSION ACTION: Required YES
❑ Approved ❑ Denied
Date: :June27, 2005 '. + 4U
CITY COUNCIL ACTION: Required AYES
0 Approved ' ❑ Denied
Date: July 19, 2005 (ht reading if recommended)
BACKGROUND:
Property description: The subject property is located north of Mission Blvd (Hwy 45) and east of
Crossover Road. It contains 1 .20 acres, zoned RSF-4 and is a part of a larger 1 .83 parcel of property.
The applicant has submitted a property line adjustment to create a 1 .20-acre parcel should the
requested rezoning to R-0, Residential Office, be approved. Currently the property is vacant; should
the rezoning request be approved the applicant' s intent is to request approval of a Large Scale
Development to construct a bank on this site, one of the several uses permitted within the R-0
zoning district.
K:IReports120051PC Reports106-27-051RZN 05-1546 (Mathias).doe
00 00
Background: This property was created in 1974, as an outlot, when the surrounding property was
subdivided and platted as Braden Addition, an eleven lot subdivision along Box Avenue. This lot
has remained vacant, as have many of the lots within the Braden Addition. In recent years, the
previous owner(s) of this property and several properties within Braden Addition have requested
rezoning consideration from RSF-4 to C- 1 and R-O. None of these rezoning requests were heard by
the Planning Commission, as the applicant withdrew the request prior to the scheduled hearing.
Proposal: The applicant requests a rezoning from RSF-4 to R-O for a 1 .20 acre tract of property so
that it may be developed for a financial institution.
Recommendation: Staff recommends approval of the rezoning request. This area is designated
Residential on the future land use plan, and located adjacent to a major node of commercial property
within the City of Fayetteville. Rezoning the property R-O, Residential Office is compatible and
similar in nature to the uses that surround the parcel and will provide the opportunity for
development of a currently vacant tract to a use that is compatible with the surrounding
developments.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Vacant RSF-4, Res. Single Family — 4 du/acre
South Bank and Shopping Center C-2, Thoroughfare Commercial
East Vacant RSF-4, Res. Single Family — 4 du/acre
West Gas Station C- 1 , Neighborhood Commercial
INFRASTRUCTURE :
Streets: Currently the site has access to Mission Boulevard, a principal arterial, and Box
Avenue, a residential street. Road improvements required for Box Avenue include:
dedication of right-of-way and sidewalks per the master street plan, width of paving
from centerline to be determined at time of submittal to the Planning Division for
building permit, curb and gutter, and storm drainage. Road improvements required
for Mission Boulevard include, but are not limited to: improvements per AHTD and
dedication per the master street plan.
Surrounding Streets:
South: Mission Blvd (Principal Arterial)
East: Box Avenue (Local Street)
West: Crossover Road (Principal Arterial)
K:lReports l2005tPC Reports106-27-051RZN 05-1546 (Maihias).doc
00 00
Water: Public water is adjacent to the site. There is a 6" waterline along Box Avenue and an
8" waterline along Mission Boulevard. Water service will need to be extended
within the property at the time of development. There is also a 24" water main that
runs along Flynn Creek at the rear of the property. This main requires a minimum of
a 26' wide easement centered on the main. There are no long range improvements
for the water system immediately adjacent to the site.
Sewer: Sanitary sewer is adjacent to the site. There is an 8" sewer line that runs along Flynn
Creek. Sewer service will need to be extended within the property at the time of
development.
Drainage: The site is adjacent to Flynn Creek. Runoff from the site flows overland across the
property to the creek. Drainage from the east flows to the creek through a ditch along
Mission Boulevard. Additional measures may be required as the property develops
and permanent features put in place to protect the creek.
Fire: The Fayetteville Fire Department has reviewed the request and has estimated that the
response time from Fire Station #5 to the site would be approximately 2 minutes for a
distance of 1 .0 miles.
Police: From Captain Brown of the Fayetteville Police Department:
"It is my understanding this property is being considered for a bank location.
I have serious concerns about the location of the entrance and exit from this
property due to the potential for heavy traffic a bank would generate.
Westbound traffic at this location is often backed up from the intersection
causing a hazard for traffic exiting Crossroad Station. An exit from this
property located on Hwy 45 would compound an already existing hazardous
situation. If this property were allowed to develop in this manner, I would
request any access from Hwy 45 be limited to an entrance only with an
entrance/exit located on Box Ave."
LAND USE PLAN: The Future Land Use Plan designates this site for Residential use. Rezoning
this property to R-O, Residential Office, is consistent with the land use plan for this area and will
allow for development that is transitional and compatible with surrounding commercial and
residential properties.
KAReports120051 PC Reports10627-051RZN 05-/546 (Madrias).doc
• •
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. The property is designated Residential on the Future Land Use
Plan and is currently zoned RSF-4. Although the current zoning designation is
compatible with the Future Land Use plan, a Residential Office zoning is also
compatible with the Future Land Use plan and will permit development of uses
compatible with the surrounding area. The 1 .20-acre tract is located adjacent to
a major commercial node of property within the City of Fayetteville. Properties
to the south and west of this tract are utilized for banks, gas stations, grocery
stores, restaurants, etc. Further to the east of the property is Vandergriff
Elementary and McNair Middle School. The only remaining residential
property in this area are 12 lots along Box Avenue. Within this subdivision,
there are only four residential single family dwellings. A rezoning of property
on the northwest corner of Mission Blvd and Box Avenue to Residential Office
will allow for development compatible with the commercial properties to the
west and south and residential properties to the north and east. It will also
provide a transition from the residential uses along Box Avenue to the highway
along Highway 45.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The requested rezoning to an R-O zoning designation will allow for
development of residential and office uses. The property will currently allow
for the development of a single family home, as would an R-O zoning; however,
the property has remained vacant for some time. It is the applicant's request
that the property be rezoned to allow for development of property compatible
with the surrounding commercial and office uses. Although there are several
vacant properties within the surrounding commercial node that could be
utilized for the proposed financial institution, a Residential Office zoning is
appropriate in this location.
K:lRepoi lsl2005lPC ReporlsIO6-27-05WN 05-1546 (Mothios).doc
• • • •
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The property is surrounded by two Principal Arterial streets — Mission Blvd
and Crossover Road. These two streets carry a high volume of traffic generated
by citizens of Fayetteville and those of surrounding municipalities, as they both
provide quick and direct access to the commercial and institutional services
provided at and around the location at which they intersect. Mission Blvd is an
improved street adjacent to the subject property, but is unimproved further to
the west. Site distance from the intersection of Box Ave and Mission Blvd to the
east is of concern as existing turning conditions are made difficult due to the
crest of a hill on Mission Blvd east of the site as well as turning lanes for the
intersection which are located in the immediate area. Box Avenue is a narrow,
unimproved road which in its current state is sufficient to serve four single
family homes. Development of the property for a bank will result in a
significant increase in traffic to this site. Concerns regarding this situation have
also been raised by the Police Department. Access to and from this site shall be
reviewed at the time of development to ensure that it will not create or
compound a dangerous traffic condition. Restricting access from Mission Blvd
and improvements to Box Avenue can result in controlled access to and from the
property and reduce the potential traffic conflicts.
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. At this time the property is vacant and could be utilized for one single
family residence. Rezoning the property R-O will allow the development of a
single family or two-family dwelling by right, or multi-family dwellings by
conditional use. The applicant proposes development of an office use, which
would increase the traffic to this property but not increase the population
density. Increased load on public services were taken into consideration and
recommendations from Engineering, Fire, and Police Departments are included
in this report.
5 . If there are reasons why the proposed zoning should not be approved in view of
considerations under b ( 1 ) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
K:I Reports120051 PC Reports106-27-051RZN 05-1546 (Mathias).doc
go *0
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: IReporfs120051PC Reporis106-17-051RZN 05-/546 (Malhias).doc
00
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.
(6) Uses.
(1) Permitted uses.
Unit 1
City-wide
uses by right
Unit 8
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 dwellings
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Single-family
Two-family
dwellings
dwellings
Units per
4 or less
7 or less
acre
(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.
12,000 s . ft.
Land area per
dwellin unit
8,000 sq. ft.
6,000 sq. ft.
(E) Setback requirements.
Front I
Side
Rear
25 ft.
8 ft.
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.
K.'1 Reporis120051PC Reports106-27-051RZN 05-1546 (Mathias).doc
161.15 District R -O, Residential Office
(A) Purpose. The Residential -Office District is
designed primarily 10 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
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
City- de uses by conditional use permit
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)
(1) Lot vidth minimum.
Manufactured home park
100 ft.
Lot within a manufactured home
ark
50 ft.
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
ark
4,200 sq.
ft.
Townhouses:
Development
Individual lot
10,000 sq. ft.
2,500 sq. ft.
Single-family
6,000 sq.
ft.
Two-family
6, 500
. ft.
Three or more
8,000 s
. ft.
Fraternity or Sorority
1 acre
00
(3) Land area per dwelling unit.
Manufactured home
3,000 sq.
ft.
Townhouses & apartments:
No bedroom
1,000 sq.
ft.
One bedroom
1,000 sq.
ft.
Two or more
1,200 sq.
ft.
bedrooms
Fraternity or Sorority
500 sq. ft.
per resident
(D) Density.
11 Units per acre 7 4 to 24 11
(E) Setback regulations.
Front
30 ft.
Front, if parking is allowed between the right-
of -way and the building
50 ft.
Side
10 ft.
Side, when contiguous to a residential district
15 ft.
Rear, without easement or alley
25 ft.
Rear, from center line of public alley
10 ft.
(F) Height regulations. There shall be no
maximum height limits in R -O Districts, provided,
however, that any building which exceeds the
height of 20 feet shall be set back with any
boundary line of any RSF or RMF District an
additional distance of one foot for each foot of
height in excess of 20 feet.
(G) Building area. On any lot, the area occupied
by all buildings shall not exceed 60% of the total
area of such lot.
K:IReportsl20051PC Reportsl06-27-051RZN 05-/546 (Mathias).doc
Mau 19 O5 11:O9a Mathias 479 -75O -O953 P.2
Yhr10-2005 11:aeam Frq*mering NT99&40 T -f61 P.0011101 F -40T
R.ZA 0515'#,
Exhibit "A"
SuCM 0aenrrerian Trvef a 0 fAdlI.nl.
P&t of NN Norlhwsst I of the SouNIweol i of Sedten 1. Township 16 North. Range 3o west
of the FMh Prfmlplo Madden in Waehblgfon Ceunly. Arkamce and boV more pmfleulorpr
dpoAbed m fang o Commenoyty of the Southeast comer of Lot 1 of Na Braden Add lion
as stawn an the
lyfinol plat In the offles of HISChrouh Clerk and Ex—ofnclo Recorder of
thena� SO 31'27 IV IN= feel afo fou
nd Iran PK thence Shat '6a�0 24,87 led to the
NorRright of way of Arkamae Nlghway 45. thence along said doW of way Sor31'46'
204.97 fed, thanes depmihng said north right of wry N62"MWE 25M fool. Nmnm
NO2'31'4S'E 216.76 fed. !Noce $6T26'3S'E 231163 fast to 9N point of beginning. Contalni ng
1.20 nom more or bps subject to uRnty eaunnerde and FIW of way of moonL
5 last 8 Yafhim Shepptrll Cents. Inc.
b r fl�j Pane I cbd e4
M; f as ���fb5- 1546
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cH 200
ENGINEERING, INC.
City of Fayetteville May 19, 2005
113 West Mountain St.
Fayetteville, AR 72701
Attn: Planning Commission
Re: Mathias Rezoning
Dear Commissioners,
Please consider this request with the attached application for the rezoning of a
parcel of property owned by Mathias Shopping Centers, Inc. at the corner of Arkansas
State Highway 45 and Box Avenue.
The subject property is currently owned by Mathias Shopping Centers Inc. and no
sales of this property are pending. The rezoning request is from RSF-4 to R -O. The
reason for the rezoning is to propose a large scale development for a bank on the site.
The current zoning of RSF-4 does not allow for use unit 12 which includes Financial
Institutions. While the remainder of the property on Box Avenue is platted as the Braden
Addition and is zoned RSF-4, the property to the west, across the creek and to the south,
across Highway 45, are zoned C -I and C-2 respectively. It is not expected that a 3365
square foot bank will appreciably increase the congestion or traffic danger in the area.
No significant increase in population density is expected with this bank and as such there
will be no undesirable increase in the load on the water and sewer facilities.
This property has been zoned RSF-4 for quite a while and the only time it has
been used for a residential purpose is when the original homestead was occupied. That
residence has since been demolished. The proximity of the property to Highway 45 and
the commercial properties to the west and the south makes it undesirable for residential
use. It is our opinion that an R -O zoning with a branch bank provides an appealing
transition from the commercial property on Highway 45 to the residential property on
Box Avenue.
Thank you for your consideration regarding this matter. If you have any
questions or comments please call me @ 582-4234.
Sincerely,
Thomas A. HennelIy, P. I,
President, H2 Engineering,
2758 Millennium Drive Suite 1 Fayetteville, Arkansas 72703 Phone: 479.582.H2E1 Fax: 479.582.9254
ENGINEERING, INC.
City of Fayetteville May 19, 2005
113 West Mountain St.
Fayetteville, AR 72701
Attn: Planning Staff
Re: Mathias Rezoning
Dear Staff,
Please consider this request with the attached application for the rezoning of a
parcel of property owned by Mathias Shopping Centers, Inc. at the corner of Arkansas
State Highway 45 and Box Avenue.
The subject property is currently owned by Mathias Shopping Centers Inc. and no
sales of this property are pending. The rezoning request is from RSF-4 to R -O. The
reason for the rezoning is to propose a large scale development for a bank on the site.
While the remainder of the property on Box Avenue is platted as the Braden Addition
and is zoned RSF-4, the property to the west, across the creek and to the south, across
Highway 45, are zoned C-1 and C-2 respectively. The use, appearance, and traffic
generation will be similar to the surrounding property. Water is available via an 8" PVC
line on the south boundary, and sewer is available via an 8" line on the west boundary.
Thank you for your consideration regarding this matter. If you have any
questions or comments please call me @ 582-4234.
Sincerely,
2758 Millennium Drive Suite 1 Fayetteville, Arkansas 72703 Phone: 479.582.H2EI Fax: 479.582.9254
RZN05-1546 M AT H I AS
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• City of Fayetteville •
Staff Review Form
City Council Agenda Items
or
Contracts
19 -Jul -05
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
RZN 05-1546: (Mathias, 372): Submitted by H2 ENGINEERING, INC. for property located at NW CORNER OF HWY 45
AND BOX AVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.20 acres
The request is to rezone the subject property to R -O, RESIDENTIAL OFFICE.
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City Attorney
Received in City Clerk's Office
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Received in Mayor's Office11
Mayor Date
July 26, 2005 •
Jeremy Pate
Director of Planning
Fayetteville, AR 72702
Dear Director of Planning Jeremy Pate:
I am writing regarding the rezoning request submitted by H2 Engineering on behalf of Mathias
Properties for property located at the NW CORNER of HWY 45 and BOX AVE. The property is
zoned RS -4, SINGLE FAMILY -4 UNITS/ACRE and contains approximately 1.2 acres. The request
is to rezone the subject property to R -O, RESIDENT OFFICE. The 1.2 acres is the result of a lot split
from approximately 2.66 acres, which borders the RS -4 property of John E. Box on the north and C-1
property on the west. Originally, Mathias filed to rezone all 2.66 acres, but withdrew the application
for fear of denial.
By way of introduction, let me say that I have worked in construction and real estate in
Fayetteville since 1950. 1 have always been in favor of growth and believe that a long-range vision is
essential to allow harmonious growth in a community like Fayetteville.
I have no objection to the request for the R -O zoning of the 1.2 acres. I have would have no
objection to R -O zoning of the entire 2.66 acres if requested. All of the Mathias property is bordered
by C-1 on the west. The Box property is bordered on the west by one-half C-1 and one-half R -O. A
look with long range vision at the overlay of all the property surrounding the Hwy 45 and Hwy 265
intersection can only logically lead to the eventual best use of all property as R -O.
At the most recent City Council meeting that this item was considered, when the Mathias
representative was asked what they intended to do with the remaining property, he replied that it
would probably be residential. I feel this was an attempt only to appease the Council and get the
request passed. Further residential use of the property would hinder the future best use and best value,
which I feel is R -O, for all the property along Box Avenue.
Although I have no immediate plans for development, I have had inquiries about the
property, which would require R -O zoning. I know there are many concerns about adding traffic onto
Box Avenue, which may disturb the current residents, of which I am one. Some of these concerns I
earlier expressed, but have reconsidered when weighing R -O Vs RS -4 development. R -O traffic
would primarily be in daytime, whereas RS -4 traffic would be all hours with more volume in the
evening.
As far as street development is concerned, the Mathias property and Box property could be
rezoned to R -O, and the issuance of building permits could require street compliance of the affected
property as needed.
In summary please consider rezoning as requested by Mathias, but without limiting future
rezoning of properties to the north along Box Avenue.
Respectfully,
C. a� ,
John E. Box
Clarice Pearman - Ords. 4732-4740 Page 1
From: Clarice Pearman
To: Pate, Jeremy
Date: 8/8/05 12:38PM
Subject: O rd s. 47 32-474 0
Jeremy,
Attached are copies of the ordinances passed by City Council August 2, 2005 as mentioned above.
CC: Goddard, John; Jorgensen, Todd; Randall, Clyde
"Nor&west ArkA"as /most Wide( ReadNewfpaper"
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: $ l� "�1
Subscribed and sworn to before me this
day of
Notary
Sharlene D. Williams
My Commission Expires: Notary Public
State of Arkansas
My Commission Expires
*' Please do not pay from Affidavit. October 18, 2014,
An invoice will be sent.
2005.
RECEIVED
AUG 19 2005
CITY OF j:j%yEVTEVILLE
CRY CLERICS OFFICE
P.O. 6O% 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-571-6470
6jl�IN ORDINANCE REZONING THAT PROPgS_ERTYTF�iRAPPTHWEST CORNER O TIOGLO TED HWAY 45 D_ j / 1TU OFITH ESTCO 1.20 ACRES LOCATED ATVe to V 1BbX AVENUE FROM RSF-4, RESIDENTIAL SINGLE I. ARKANSAS
W MILY, 4 UNITS PER ACRE TO R-0, RESIDENTIAL
j
BE R ORDAINED B1 TNH CITY COUNCIL OF THE CITY OF FAYETTE1IILlY, ARKANSAS!
4:
Section 1: That the zone Gassifcatlan of the following ces :dbed' property is hereby charged' as follows:
Y7RSF-4; Residential Slrgle-Famiy, 4 unite per acre to R -O, Residen[ial Office, as. shown on E#Mibit
A attached' hereto and made a part hereof.
Section 2: That mci oKwial zoning map of the City of Fayetteville, Arkansas Is hereby amended' to refiect
the zoning clwga onmded' In Sacbm 1' above.
1*8$= bid APPNOYED this 2nd' d'ay of August, 2005.
1 COODY1 wi
EXHIBIT'A'
PEN 05-1546
SURVEY DESCRIPTION
1/4 OF SECTION 1, TOWNSHIP 16
V WASHINGTON COUNTY, ARKANE
BEING MORE PARTICULARLY
OF WASHINGTON COUNTY, ARKANSAS,
IEGINNING.
PIN:iTHENCE S29' 14'59-W 24.87 FEET TO
1.20 ACRES.MORE OR LESS SUBJECT TO LMUTY, EA