HomeMy WebLinkAboutOrdinance 4756 EXHIBIT "A"
RZN 05-1696
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 %
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
01 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
11/10/2005 01 :04:35 PM
and recorded in Real Estate
File Number 2005-00050772
Bette Stamps - Circuit Clerk
by
p/zD
City Council Meeting of September 6, 2005 4/7!!
Agenda Item Number ,n_ , ' .141
CITY COUNCIL AGENDA MEMO "S55 �I
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: August 17, 2005
Subject: Rezoning for Staggs (RZN 05- 1696)
RECOMMENDATION
Planning Staff recommends approval of rezoning approximately 0.68 acres of property
from C-2, Thoroughfare Commercial, to R-O, Residential Office.
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 C-2, Thoroughfare Commercial . 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, office,
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.
Background: This item was first heard at the April 25, 2005 Planning Commission
meeting with staffs recommendation to rezone the property from RSF-4, Residential
Single Family-4 Units per Acre to C-2, Thoroughfare Commercial. The applicant had
requested this rezoning so that a Bail Bonding Agency could operate on the property.
Ultimately, the zoning that was requested was based on previous interpretations by the
Zoning & Development Administrator, who determined that this specific use was allowed
under Use Unit 16, Shopping goods. Use Unit 16 is not an allowable use in C- 1 ,
Neighborhood Commercial, or in R-O Residential Office zoning districts; consequently
the applicant had no choice but to request a C-2 zoning.
While this request was under review at the City Council, City staff continued to receive
additional requests to permit bail bonding agencies along S. School to support the new
J ail facilities. In studying a description of the actual use, hours, traffic impact and other
impacts on surrounding properties that this use has, staff found that the use would more
appropriately fit into Use Unit 12, Offices, studios and related services. This use includes
such things as banks, office buildings, social and welfare agencies, employment, travel
and advertising agencies, dental clinics, etc. Subsequently, City staff brought forward an
ordinance amending Chapter 162, Use Units, Section 162.01 L.2, of the Code of
Fayettville, to add Bail Bonding Agency to Use Unit 12: Offices, Studios and Related
City Council Meeting of September 6, 2005
Agenda Item Number
Services. This ordinance was passed on July 19, 2005 and was recorded as Ordinance
No. 4728.
Given that Bail Bonding Agencies are now an allowable use in the R-O zoning district,
staff finds that a rezoning from C-2 to R-O for the subject property would be more
compatible with surrounding properties that are similarly zoned and provide a transition
from other properties in the area that are zoned C-2 and I- I to that of RSF-4 to the east.
As indicated in the attached minutes, both the City Council and the applicant were
agreeable to revisiting the rezoning at the appropriate time.
Request: The request is to rezone the property to R-O, Residential Office.
DISCUSSION
This property was rezoned from RSF-4, Residential Single Family-4 Units per Acre to C-
2, Thoroughfare Commercial at City Council on June 7, 2005 and was recorded as
Ordinance No. 4708.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1696 FOR APPROXIMATELY
0.68 ACRES LOCATED AT 2824 S SCHOOL AVENUE FROM
C-2, THOROUGHFARE COMMERCIALTO 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 C-2, Thoroughfare Commercial, toR-O; Residential Office, as shown in
Exhibit "A" attached hereto and made'=a'pathereA
Section 2. That the official zoning map of the City of Fayetteville,
Arkansas, is hereby amended to reflect the zoniiig'change provided in Section I
above.
PASSED AND APPROVED this day of , 2005.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
Sondra Smith, City Clerk
EXHIBIT "A"
RZN 05-1696
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 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 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
01 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. THENCENORTH71 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 . �`
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 RSF4, 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 7th day of June, 2005.
�Wauimn„ APPROVED:
c ; FAYETTEVILLE.� = By. DA1V C00 a or
ATTEST: '%,;NGTON ANSQ:�„�'•
"'ua uuua
By:
S NDRA SMITH, City Clerk
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 %
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
01 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. T14ENCE 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 .
City Council Mccling Minulcs
May 17. 2005
Page 9 of 21
seems to me kind of an unfair assessment or penalty chargedY54'hStreet:
d I don't now why.
I 'm sure it 's been that way for years. Let 's try to keep it at a
Alderman Thiel : I think the point he made is very good, anll does need to look
at this rate. The Parks Board recommendation went from $ 1eating for seniors.
I think he made some valid points.
This Ordinance was Left on the First Reading.
Washin ton County Cost Share for Woolsev Farm Rtreet: A resolution
authorizing the payment of $95,686.00 to Washington Co ity as the City of Fayetteville 's share
of the cost of Improvements to Woolsey Farm Ro and 54'h Street along the southwest
perimeter of the Westside Sewer Tre/Plant; approving a 209/1 project contingency in
the amount of $ 19, 137.00.
Gary Dumas, Director of Operatiome updated numbers on that that we just
received today. You have a memoof you. The total project cost is about
$ 186, 940. The city's share of that ia 10961 project contingency. That would
bring the total project up to S 102,81 .29 verses the numbers the mayor just read.
Kit Williams: T/oved
be a motion to amend the resolution to the one I just handed
out. There is alsoere.
Alderman Rhoaend the resolution. Alderman Reynolds seconded the
ion. ayorall the motion pass. Upon roll call the motion passed
unanimously.
Alderman ordan moved to approve the resolution as amended. Alderman Reynolds
seconde the motion. Upon roll call the resolution passed unanimously.
Res ation 100-05 as Recorded in the Office of the City Clerk.
RZN 05-1448 (Staeas): 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.
Mr. Williams read the ordinance.
Jeremy Pate, Director of Current Planning: The Planning Commission voted 8 to 0 to
recommend approval of this rezoning request to the City Council from RSF4 to C-2
Thoroughfare Commercial. Properties located across from McBride Distributing Facility and the
Tyson Plant area, on South School, which is zoned 1- 1 . There are also adjacent properties zoned
C-2 to the north. As you're well aware there are several bail bondsmen in this area, primarily
because of the Washington County jail facility that is in this area. A question was asked at
agenda session about remedial measures and how we're not typically supportive of a business
that goes in illegally and then is the track that they come. However, this is the remedial process
that the city does have. There was no permit required for someone to go into this house and put
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City Council Mecting Minutes
May 17. 2005
Page 10 of 21
up a business, except for their sign and that 's originally how we caught that, as a violation notice
was issued and this is a remedial measure. If the rezoning is denied, that business person will
have to move from that place of business and we would follow suit with the prosecutor' s office
to do that. However, we feel that the future land use plan in this area does promote this type of
development and we're supportive of this rezoning application to C-2.
Alderman Thiel: All the neighbors have been notified, and there were no objections'?
Jeremy Pate: No.
Alderman Thiel: And residential zoning will remain on 2 sides? The back and the south side?
Jeremy Pate: On the south side, there is a rezoning request that the Planning Commission will
be looking at either this coining meeting or the following for the bail bondsman office that is
going in there as well . There is a request for a C-2 zoning on that property as well .
Alderman Thiel : So that would make that whole strip from Country Club Road down to Peach?
Jeremy Pate: There may be one lot. I 'm not exactly sure because 1 haven 't reviewed that in
total, but I know that the address next to this has a request for a rezoning application on that one
as well.
Alderman Thiel: None of the residences, west of there on Hayden, have objected?
Jeremy Pate: We have not heard anything from any adjacent property owners.
Alderman Thiel: Have they all been notified or do they have to be touching the property, those
on Hayden?
Jeremy Pate: We typically notify property owners even from across the street, even though this
is not required by the city. For instance, McBride Distributing should have received notification.
1 can verify this for you if you 'd like, and we can double check to make sure these residents have
been notified if you choose to leave this on this reading tonight.
Alderman Marr: Jeremy, in our packet on the close-up view of the subject property, the
property you're speaking of coming to Planning Commission, is that the property north, between
the current C-2 and this requested property?
Jeremy Pate: That property is already zoned C-2. The label is shown higher up.
Alderman Marr: What about this house on the property just south of it that is crossing the line?
Jeremy Pate: That's a product of an old aerial photograph. Most of the state is taken off aerial
photographs and these maps are then generated from that. There' s probably a situation where
that's just a wrong location.
Alderman Marr: Are all the properties across the street from Hayden Avenue still RSF-4?
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City Council Meeting Minuics
May 17. 2005
Page I I of 21
Jeremy Pate: That is correct. Across from Flayden Avenue and to the east, you can see on page
14 of 16, those properties to the east are zoned RSF-4. There 's an old subdivision that has never
been developed except for those two streets, Hayden and Denver are the only two.
Alderman Marr: Are bail bondsmen offices not allowed in residential office?
Jeremy Pate: I do not believe so. I think we checked that use unit to see if that was a potential
for this area. I know we've checked that on 6'" street before, because that particular strip area is
designated mixed use, as opposed to the community commercial that this is designated and I
believe that we have designated a use unit to that that is not allowed in the PRO district.
Alderman Marr. It concerns me that with that street directly across Hall being single-family
residential and the one south of it. Typically, we see zoning transitions from industrial,
commercial, residential office. I ' d be more comfortable with it if it was an R-O zoning, but if
it's not allowed, then it's not allowed.
Jeremy Pate: We've assigned use unit 16 to bail bondsmen, under shopping goods and I do not
believe that is allowed in the R-O zoning district. 1 can find out.
Alderman Marr: Could they have done a conditional use on the property?
Jeremy Pate: No. Use unit 16 is not allowed by right or conditional use in an R-O Zoning
district.
Mayor Coody: Could they have done a conditional use?
Jeremy Pate: No, sir.
Alderman Marr: Thank you.
Russell Staggs, citizen: To the west of us is where the Tyson plant and jail facility are and to
the east, there are houses behind the road. We own the two lots there, and right next to our
property line is another bail bond business. There's not much room from the back of the house to
the street.
Alderman Thiel: My concern was if everyone was notified or not.
Jeremy Pate: 1 can verify that for you if it' s the Council wish to leave it on this reacting for the
next meeting. We have certified mail receipts for every mailing that has been sent out.
Alderman Reynolds: 1 wouldn 't mind going through two readings, but I'd like to see those
copies for the third reading.
Alderman Lucas: I don 't like businesses to move in and then we have to rezone to fit whatever
has already moved in.
Alderman Jordan: I would tend to agree with Shirley. We 've seen that in our ward a time or
two and it never does work out very well.
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May 17. 2005
Pagc 12 of 21
Alderman Thiel: As Jeremy pointed out at the Council tour, this gentleman really did assume
that that was commercial.
Alderman Reynolds moved to suspend the rules and go to the second reading. Alderman
Thiel seconded the motion. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
Alderman Farrell : Have you lived there quite a while or did you recently get the property and
decide to go into business?
Mr. Staggs stated that bail bondsmen often move their businesses to be closer to the jails. Fie
said that the property owner thought that the property had already been rezoned and that the
property was commercial already, but was not aware of any paperwork that the owner possessed
as evidence of the land being commercialized.
This Ordinance was Left on the Second Reading.
RZN1450 (Stonebridge Meadows Phase _yh An ordinance rezoning that property
described Rezoning petition RZN 05- 1450 for property located at Goff Farm Rd., east of
Crescent Lake ubdivision and west of Stonebridge Meadows Golf Course. The property is
zoned R-A, Resi tial-Agricultural and contains approximately 26.61 acres. The request is to
rezone the subject pr erty to RSF-4, Residential Single Family, 4 Units per Acre.
Mr. Williams read the ordt nee.
Jeremy Pate: This property is I ted on Golf Farm Road, and this is intended to be another
phase of the Stonebridge Golf subdiv 'on that is rapidly developing around the golf course. To
the west is a tributary lake; to the west o at is Crescent Lake subdivision, which is listed there
in your ordinance. I believe one of the ho for the golf course is located to the east of this
property. One of the holes for the golf co e is between this property and Stonebridge
Meadows Phase L The Planning Commissio did vote 8-0 to forward this item with
recommendation for approval . We did not recei any public comment at the Planning
Commission meeting. I would like to mention that it currently a vacant pasture, and this
property is within the bridge assessment area for Dead Flors ountain Road. Therefore, at the
time of development, there will be a calculation made for assess nt for that bridge.
Alderman Cook: Is the bridge assessment done as one lump fee up nt or is that assessed as
the lots are sold?
Jeremy Pate: It's part of final plat, so it 's a lump fee and is based on the veh a trips that are
generated by that development.
Alderman Reynolds moved to suspend the rules and go to the second reading. Aid an
Lucas seconded the motion. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
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