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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. �U � 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