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
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfayetteville.org
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?
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfayetteville.org
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.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayetteville.org
City Council Mccting Minutes
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.
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfayettevil le.org
City Council Meeting Minuses
June 7. 2005
Page 4 of 30
the ordinance.
Mayor Coody asked
unanimously.
Ordinance 4707 as Recorded in the Office
roll call the ordinance
RZN 05-1448 (Staggs): 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. This ordinance was left on the second
reading at the May 17, 2005 City Council Meeting.
Alderman Reynolds moved to suspend the rules and go to the third and final reading.
Alderman Ferrell seconded the motion. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
Jeremy Pate, Director of Current Planning: There was a question at the last meeting if
adjacent property owners across the street had been notified. We have provided you with
documentation to the applicant and staff of both notified property owners across the streets in all
directions. We did not receive any public comment regarding this item.
Alderman Thiel: At the agenda meeting you noted that the building that is currently operating
is not the building we are discussing.
Jeremy Pate: That is correct.
Alderman Thiel: It appears like there is a shared driveway.
Jeremy Pate: The applicant may be able to answer that question a little bit better. I think
there's access from the street behind as well.
Alderman Thiel: But there will be a shared driveway if we approve the other one in the future?
Russell Staggs, citizen: The driveway is actually ours. I believe the owner got the right-of-way
for the driveway and the other company has added on to our driveway. So, where the property
line is, the driveway pretty much splits it down the middle. He did add a part of a driveway to
Alderman Thiel: Ok. I noticed that there's a new bail bond office that has just opened up about
a block south.
Jeremy Pate:
We
received that word today and
we're issuing a violation notice.
They're zoned
R -O I believe,
and
it's not allowed in that zoning
district.
Alderman Thiel: I'm really concerned about the two that are now in operation. This one is the
only one that has actually applied. It concerns me that that whole row will be dotted with these
little houses that have only been moderately remodeled. Basically, they have just put a neon sign
in their window. They're not doing much to enhance that strip. However, I feel like this
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
access fayctteville.0rg
City Council Meeting Minutes
June 7, 20115
Page 5 of 30
applicant has been tip front by applying for it. I feel like the applicant has done the right thing,
and I support it
Mayor Coody: Will we send letters to the two violators?
.Jeremy Pate: We have sent letters to the one directly adjacent and they are actually going
before the Planning Commission for a rezoning request. That will be coming before you if they
recommend approval. We just heard about the other one, so we will be generating that violation
letter. They will have 30 days to respond. If they apply for rezoning, that typically is seen as
enough justification to basically freeze their business. They can continue operating, but no
further activity, signage, or development can occur on that property until some sort of action has
been taken, whether it is rezoning, approval or denial. If it's denied, they would have to move
their business.
Alderman Ferrell: Can you think of anything that you all have commonality in that your
business looks at, that might help avoid this if someone comes into town and is going to go into
the bail bonding business?
Russell Staggs, citizen: No sir. This is my first go at this too. When we found out that we were
residential, the first thing I did was get in touch with Jeremy.
Alderman Lucas: The first step should be to find out what the zoning is.
Alderman Reynolds: That's why we need a business license.
Mayor Coody: We keep talking about this but every time the subject of a business license
comes up, it gets shot down. But, it would solve this problem.
Alderman Marr: What is the process of staff to look at a business use and assign it to a
different zoning classification? My concern on these properties is abutting these residential
neighborhoods and having uses in this zoning like an adult live entertainment club and bar and
sexually oriented business. I'm uncomfortable rezoning these, I understand that that's the class
and city code that these businesses go into, but I think we're really treading on the ability that if
something happens or something goes out of business, the uses that we allow in this area,
directly across from a residential street concerns me. It's very different than the bail bondsman
business currently owned on business Highway 71, one block from the jail and already in the
commercial business district.
Jeremy Pate: I think there are two ways to address that. One of course, is our future Land Use
Plan, which we rely heavily upon when we make recommendations. That's the policy document
that you all adopted and we adhere to as much as possible. The C-2 zoning classifications fits
very well in that thoroughfare type commercial, which is this business corridor as noted in our
future Land Use Plan. More directly, I guess, is that we have to look at a use when it is not
specifically designated in our Use Units, under our Chapter 162. When we look at Use Units,
there are lists of uses, but not all uses are listed, there's simply not a way to encompass
everything. If it's not specifically listed we try to look at comparable uses and try to find the best
classification. My job is to make an interpretation on where that use should fit in, and we have
made the interpretation that it fits in this particular zoning district. Staff is actually going
through all of those uses, because a lot of them have been assigned since 1970 and are no longer
necessarily appropriate in the district that they're in. So, we're actually going through and doing
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfaycttevillc.org
City Council Meeting Minutes
June 7.2005
Page 6 of 30
an inventory that we'll probably present to you at some point this year some modifications to
clarify some of those and to shift some of those uses around to where they're more appropriately
located. That's probably the more direct way to address that question.
Alderman Marr: Could you share with me why? What about a bail bond office makes it a
higher impact use that makes it comparable to these C-2 zonings?
Jeremy Pate: It's not necessarily a high traffic impact use, for instance. The use there does not
necessarily generate high traffic. But, in comparison to a lot of the other uses within that Use
Unit 15, it's very comparable to a walk-in types of business. I think that determination was
made before I was here, in other bail bonds offices across the city. So, we try to be consistent
with those types of uses. That's the use that's been assigned previously to those types of uses in
other places in the city.
Alderman Reynolds: Jeremy, why won't the bail bonding business fit into our R -O category?
Jeremy Pate: It's something we're looking at, not only bail bondsmen but professional offices;
accounting businesses sometimes don't fit in zoning districts that seem entirely appropriate.
Right now the Use Unit 15 is not allowed in the R -O district at all, by conditional use or by right.
So, that would take a change to the actual zoning ordinance to allow that type of use. Again, if
it's Council's desire, that's something we can look at and bring forward to actually spell out that
bail bondsman offices should be used to a different Use Unit, so that it would be located in
something like R -O or C - I.
.
Alderman Reynolds: 1 think we need to do that.
Mayor Coody: Would it be your suggestion that we table this for two weeks, let them come
back with a modification to the zoning, to allow this in R -O?
Alderman Reynolds: If we can do it in two weeks. I don't want to hold his business up. But,
he can go ahead and operate.
Alderman Thiel: Are you anywhere close to getting that ready?
Jeremy Pate: We are just beginning. There are hundreds of uses that we are looking at
currently and trying to determine if they are appropriate where they are or if they should be
shifted around. We'd like to present those all as one component. But again, even with the use
changing, Alderman Reynolds, the future Land Use Plan shows that area to be zoned as a C-2
type of area with that type of use. Ultimately, that's something that we would need to look at as
well when we're looking at our General Plan update.
Alderman Reynolds: I know it shows that, but we don't have to agree with it.
Jeremy Pate: That's true.
Alderman Lucas: The thing that concerns me is that it's right next to homes. We're talking
about housing choices for all income levels, and this is just right next to that neighborhood. It
just doesn't seem appropriate to me. I thought we looked at C-2 at intersections and things like
that instead of strips.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayetteville.org
City Council Mecling Minuics
June 7. 2005
Page 7 of30
Jeremy Pate: You are exactly right. A lot of the nodes of development that we see in our
General Plan now show major intersections as potential commercial nodes to support residential
activities. Currently, in our General Plan there are areas along College Avenue and along
Highway 71 that do show that strip of commercial activity to be located.
Alderman Reynolds: I can see the west side of School Avenue being C-2, but where this is at,
on the east side with residential behind it, I would like to see it a little lighter in zoning. It's not
going to shut him down because there are two more out there in violation. We haven't approved
anybody down there for bonding yet, have we?
Jeremy Pate: No sir. There are other C-2 properties along this strip. So, there are a lot of bail
bondsmen moving in that are entirely appropriate. They are legal because they are in the right
zoning district. There happens to be about three that are not, and this is one of them. Across
School Avenue it is actually zoned I-1 and 1-2, so it's pretty heavy industrial. That's a higher
intensity use there.
Alderman Thiel: The Mountain Man business that has just been sighted is in R -O?
Jeremy Pate: That's correct; I believe they are located in an R -O district.
Alderman Thiel: I don't see how we can hold him up. He can't start his business until we
approve something. The other ones are acting illegally, and we're basically giving them the
opportunity to operate, and he's the only one that's applied.
Alderman Lucas: Can they not be fined?
Alderman Thiel: We can't shut them down apparently. Is that right?
Jeremy Pate: It has not been the city's policy currently to shut a business down if they are in
violation. We send them a violation notice and we give them ample of time to respond. Again,
we work with the city prosecutor's office to do that.
Alderman Rhoads: I'd like to see us go ahead and vote so these people could go ahead and get
into business.
Alderman Lucas: Is there not anything that can be done with the ones that are operating when
they shouldn't be?
Kit Williams: What we've done in the past is that we have prosecuted them. We had some
problems on Old Farmington Road. We prosecuted them and got them to discontinue that
improper usage. Unfortunately, later on, a new owner came in and started using the property
illegally again. If our ordinances are not enforced, and basically the criminal prosecution does
not work after an extended try, we can in fact seek an injunction. The problem with that is that
there is potential liability to the city if you close an operating business down and then the judge
later on determines in the case that maybe you shouldn't have, that you didn't have enough
grounds to do that. The other difficulty is that the injunction usually will not be allowed until
you have exhausted your legal remedies, the remedies of normally enforcing the ordinances
where you have them enforced by the city prosecutor, which is what we do. I think that's what
these warning orders have been. Normally people get into compliance fairly quickly. As you
heard from Jeremy, the person that received the warning from the Planning Department is now
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayetteville.org
City Council Mcci ing Minutes
June 7. 2005
Page 8 of30
going to be in front of the Planning Commission on Monday night to get into compliance. So, I
don't think anyone here is trying to not get into compliance; it just takes a while to go through
the process.
Mayor Coody: I'm getting mixed signals here. On one hand, no one wants to keep the
gentleman from going into business. On the other hand, I don't think the City Council wants to
rezone this C-2, while we look at putting this Use Unit back under R -O.
Jeremy Pate: That is correct.
Currently,
it's zoned RSF-4, which only
allows single-family
residents.
Mayor Coody: 1 -low long do you think it'll be before you get your list ready to bring back to us
for consideration?
Jeremy Pate: We can get on
that just as soon as
possible. We've been
working on it for about a
week and a half now.
Would
it need to go before
Ordinance Review?
Kit Williams: It would probably need to go before the Planning Commission, so that's another
stop along the way before it ever gets back to the City Council.
Mayor Coody: Is there a way where we don't have to rezone this property permanently, just
because we're few weeks ahead of being able to do it properly?
Kit Williams: No zoning is permanent. The City Council has the overall authority to take a
legislative decision and rezone property, even when it's not been so requested by a person. Now,
if you rezone the property and take away most of its value, there is a chance that they could
claim that there was ill taking, but I don't think a change from a C-2 to an R -O, especially if R -O
would allow the business to continue operating, would be a problem. What you could do, if you
wanted to tonight is go ahead and rezone this C-2, so he'll be in compliance. Then when the R-
0 is reconsidered in the future and expanded to include bail bondsmen you could certainly
rezone his property then yourself to R -O, which would be in compliance with what he's already
doing. I don't think that would be a detriment to the owner, so that would be one way to do it.
This way, he would be operating legally after tonight.
Mayor Coody: Would it be ok if we followed this scenario where we went ahead and rezoned
you C-2 this evening, but when all of our paperwork gets done, we rezone you back R -O, so you)
would be allowed to continue operating.
Russell Staggs, citizen: Yes, that would be fine. Basically, all we want to do anyway is be able
to put a sign up to let people know we're in business. fl
Mayor Coody: Thank you for your compliance in coming to the city first before you set up
your business.
Alderman Marr: Jeremy, in the packet, the Use Unit you have highlighted is Use Unit 16,
shopping goods. Directly above that is neighborhood shopping goods, which are Use Unit I5,
which is allowed in neighborhood commercial, which limits the uses of the more extensive
businesses, it's a shopping goods business. I don't understand why it can't operate within that,
which would take care of our issue of potentially more impact with this.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayetteville.org
City Council Mecting Minutes
June 7.2005
Page 9 of 30
Jeremy Pate: Use Unit I5, does currently contain things such as bookstores, camera shops,
clothing, drug, food, jewelry, hardware stores, hobby shops, pawn shops, optical goods, pet
shops.
Alderman Marr: So if it allows a pawn shop, I don't understand how a bail bondsman would
not be comparable to Use Unit 15.
Jeremy Pate: It comes down to what this use has been interpreted to fall under and what we've
issued certificates of zoning compliance for other businesses operating under the same rules and
regulations of a bail bondsman office. The neighborhood shopping goods is grouped in limited
areas while prohibiting all others not necessary in residential areas. That's under Use Unit 15.
Use Unit 16 is more regional or community wide, ordinarily purchased less frequently. I think
that's probably one of the decisions one of the former director's made because they're not
typically located near residential areas and are located in C-2 districts.
Alderman Jordan: I know we've been talking about the business licenses. When they come in
and apply for the business licenses then we would know the area that they would be in? Then,
everything would be checked out? Does that change things from what we're doing now?
Alderman Reynolds: The Planning Department would know where they were going.
Alderman Jordan: So basically we would have a tracking system?
Mayor Coody: Yes. I think this situation and others that keep popping up like this would be
headed off if we had some kind of process.
Alderman Jordan: I think we need that.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 5-3.
Alderman Thiel, Cook, Rhoads, Ferrell and Reynolds voting yes. Alderman Marr, Lucas,
and Jordan voting no.
Ordinance 4708 as Recorded in the Office of the City Clerk
NEW BUSINESS:
ANX 05-1451 (Lane): An ordinance annexing that property described in Annexation Petition
ANX 05-1451 for property located at the end of Country Ridge Road, North of Hwy 16 East and
West of Deerfield Way containing approximately 24.19 acres.
Mr. Williams read the ordinance.
Jeremy Pate gave a brief description of the property. Staff is recommending approval of this
annexation and the Planning Commission voted 8-0 to forward this item with a recommendation
for approval.
Alderman Reynolds moved to suspend the rules and go to the second reading. Alderman
Thiel seconded the motion. Upon roll call the motion passed 7-0. Alderman Ferrell was
absent during the vote.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayettcvillc.org
•
aye'Fttviie PC Meeting of April 25, 2005
ARKANSAS
THE CITY OF FAYETI'EV►LLE ARKANSAS 125 Wo W. Mwuain St.
' Faycllcvillc, Ali 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
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
0 Approved ❑Denied
Date: April 25, 2005
CITY COUNCIL ACTION: Required. YES
❑ Approved ❑ Denied
Date: May 19, 2005 (1St reading 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.
K: IReportsl20051PC ReponsIO4-25-051 RZN 05-1448 (Slaggs).doc
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 -I, 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 are required
Surrounding Streets:
North: 26'h 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:IReports 120051/'C Reportrl04-25-051RZN 05-1448 (Staggs).doc
•
FINDINGS OF THE STAFF
I. 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 cast and south, C-2 to the north, and 1-1/1-2 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.
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.
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:I Repons120051 /'C Repot ts104-15-051 R7N 05-1448 (SmggsL.doc
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 (1) through (4) above why
the proposed zoning is not desirable.
Finding: N/A
K:1 Reports120051PC Reportsl04-25-051 RZN 05-1448 (Swggs).doc
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.
(8) Uses.
(I ) 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 sq. ft.
Land area per
dwelling unit
8,000 sq. ft.
6,000 sq. ft.
(E) Setback requirements.
Front
Side
Rear
25 ft.
8ft.
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: I Reportst20051 PC Reports I04-25-051RZN 05-1448 (Staggs).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 Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 21
Warehousing 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.
(El Setback regulations.
Front
50 ft.
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.
RZN05-1448
One Mile View
41 L1 4i
931
�2 ®Ill
41 L I.
L1
• STAGGS
RIFQ4� YC f/N 4' i ;MF24[ii
oz r1 I iar�.ss4;_ 1 `ln. L i4 f. -1c. i C-2 SR RMF.2e
of r -1 . `�•'4(LFiF.a'II
n RMF R4' t T,j'iJ IJ. •„__ � e t Q:... .l _ N _1
'tri1Gll, Si R 1 Fl .t g
—RMF-247 " t sFJ p i 211 cz Gz Isnln 14rN3r , 1
RMF@4 SFJ L RSFJ I M. 'G1 1
,. N I . M F1 C.2 ir- RW-24 u RT-12 �t
R •1 •'Gi
RMF.24 r \ l I I I • RSFL i Q RI •,�IVAt: )R ,q
I 1 1 1
i 7 1 41 1 41 41 \-._ �� h RSFJII- In -1
r' .4 RSFJ G2JG2
1 n421 �7..
.r �t^H ` KYLE OR a .. R#
41 • •R G2 G2 u%i 41
MF24 RAF -2t 4 ORENALN:'}6
RAi N y yyyTTP" _
I n I ��- R1 IRA
241H57 r
. i Gtr 1 � G2 RAf 24 r r. n4 a l
j
_ RS -24 ,� L2 f'i-• '/,RAR-M RAi-241 4�
RMF-24 —
PP r
M ..r4. >K r 2 • . .f t —Y
.• • a 4° Qa. RW- 4
IS
_.. RSFJ YOR
ESOALE nF
y `�4rp���1- �. SUBJECT PROPERTY
.p° - \ ` ' /RSFJ •''�Ra. ti
C11•RSJ 1l
c' p °p ( w �/�°p FC2 4 T I 1 rt. C 1/ 1KIN I 1 t
,pp°pppp `1 ♦/�,�i'I'Iv11ERtCiL7R ifI CNEdss7'•.� i 29kcrTh NN`"i sOR • z Rrs 24 •�'e RSFJ F
# 4 3
R `
I
.nnn.vi RSFJ ,� r 9f
9f
.•
4 _q'U�yn lfa f. '
� � 1• J..1��1;' ban-...�.—^- I `: 1
1 op r po WtlILLOCK ST
T•V L1 rr le �tno C-2
g
,�, • � 1 R# RSF .L'I / ' RSFJ R#
' • LI r1! r$/
RSFJ 1 �+�... _ G3 Tj
� • I
.pF� i _.r I v
- R# . WI((OUChaY'+w ^Ks�, f I :1.
£ R#
r i I
Overview Legend Boundary Master Street Plan
-.__-•;• ---' jPro e
Subject P rtY atiu Planning Area Master SVeat Plan
; ,00000 FreeuaylMpressway
fiZN06-1448 ;,naY Dislnd luo,. ® Pondpal Modal
Outside City 14.ynor Arterial
Cdledor
e • • • Historic Cdleda
0 0.1 0.2 0.4 0.6 0.8
Miles
S I.
RZN05-1448
Future Land Use
1.1. .. •
Legendaitlennal j \
*Parks.
Private OpenSpace
Resldentialt
e// -
Offce
Histonc Com eraal
1�
Community; mmee(g ai
'
No eighbor od Co me
Regiojq `Com erdal\
Overview
Pt
0
STAGGS
Legend
Subject Property Boundary Master Street Plan
RZN05-1448 % Freeway/Expressway
. �1Planning Area 4%
�00000 yPrincipel Arterial
Streets oos000c Overlay DlStritl
�� Minor Arterial
\, Existing I IOutside City O �- Collector
Planned
• ��� Historic Collector
50
srr
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
6 -Sep -05
City Council Meeting Date
Jeremy Pate ' Planning Operations
Submitted By Division Department
Action Required:
RZN 05-1696: STAGGS, 678): Submitted by PLANNING STAFF for property located at 2824 S. SCHOOL AVENUE. The
property is zoned C-2, Thoroughfare Commercial and contains approximately 0.68 Acres. The request is to rezone the subject
property to R -O, Residential Office.
Cost of this request
n/a
Account Number
n/a
Project Number
Budgeted Item
Department Director
City Attorney
Finance and Internal Service Director
Mayor
n/a
Category/Project Budget
n/a
Funds Used to Date
n/a
$
Remaining Balance
Budget Adjustment Attached
Program Cateaory / Proiect Name
n/a
Program / Project Category Name
n/a
11GTNGrTi
Previous Ordinance or Resolution # n/a
Date Original Contract Date: n/a
e q Original Contract Number: n/a
'�f
Received in City Clerk's Office
Date
Date
Received in Mayor's Office ED
From: Clarice Pearman
To: Pate, Jeremy
Date: 9/14/05 12:38PM
Subject: Ords. 4748, 4749, 4750, 4754 and 4756
Jeremy,
Attached are ordinances passed by City Council on September 6, 2005 regarding RZN 05-1524, R-PZD
05-1463, R-PZD 05-1555, ANX 05-1628 and RZN 06-1696.
Thanks.
Clarice
'Nortfuvest Arksuuas' Mast War# Read News -paper"
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
L 1 -Q m%
PO# ** Publication Charge: $ /�f/ � S(z
Subscribed and sworn to before me this
dayofl
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.
RECEIVED
SEP 222005
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
P.O. BOX 1607 • 212 N. EAST AVENUE • F.AVETTEVILLE. ARKANSAS 72701 • 479-571-6470
ORDINANCE NO. A760
ORDINANCE REZONING THAT PROPERTY A _ ��� 1 /,
SCRIBED IN TELLY 0.6 PE ORENS RZNLOCATED
TED AT (G, 1C•
R S SC O OL AVE E 8 ACRES LOCATED AT
24 $SCHOOL AVENUE FROM G2, THOROUGH
-
REiCCMMERCIALTOR-O. RESIDENTIAL OFFICE ARKANSAS
IJ..,
I dR ORDAINED BY THE CITY COUNCIL OF
IE'CRY%OF FAYET
TEVILLE, ARKUISAB:
ctim 1: That the zone dasslfKetbn of Me folloMn9 described property IS hereby
angel as mlows:
xn C-2, T ormightare Camlerdel. to R -O. Residential Office, as Nwv.n In EdtI Aattached here -
and made a part heroot.
5SI0R2 That the ofuiel zonug flop of the ON of Fayetteville, Aiwansas, s hereby amended to reRecl
e zoning'change Provided in Section 1 above.
AOSED'lad APPROVED the BA day of SePte ibex, 2005.
ATTEST:
By:
SONDRA SMITH, City Clink
EXHISR •A•
JUN 05-1696
LOT NUMBERED EIGHT (B), GRANDVIEW HEIGHTS SUBDIVISION, A SUBDIVISION TO THE CITY OF
FAYEREVILLE, ARKANSAS. AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE
CIRCUITCLERK 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:
___.. A nv MA AIAA ueainur: THE PfR RHWEST CORNER OF LOT 9, GRANDVIEW
NCE ALONG THE WEST LINE OF,SAID LOT 9 AND ALONG SWU HItiH I Ul- WNT UHr:
EGREES 35 MINUTES 00 SECONDS EAST, 100.00 FEET TO A SET REBAR MARKING
NEST CORNER OF SAID LOT 9, THENCE LEAVING SAID RIGHT OF WAY UNE AND
NORTH UNE OF LOT 9, SOUTH 69 DEGREES 07 MINUTES 01 SECONDS EAST, 150.00
E70STING REBAR MARKING THE NORTHEAST CORNER OF SAID LOT 9, SAID POINT
IE WEST RIGHT OF WAY OF HADDON AVENUE. THENCE ALONG THE EAST UNE OF
UD SAID RIGHT OF WAY UNE, SOUTH 21 DEGREES 35 MINUTES CO SECONDS WEST
IO A SET REBAR. THENCE LEAVING SAID EAST UNE AND SAID RIGHT OF WAY UNE,
EGREES 05 MINUTES 29 SECONDS WEST, 47.45 FEET. THENCE NORTH 71 DEGREES
1 35 SECONDS WEST, 102.73 FEET TO THE POINT OF BEGINNING, CONTAINING
Dt1ARE FEET AND SUBJECT TO ANY EASEMENTS OF RECORD, AS PER A PLAT OF
SATTERFIELD LAND SURVEYORS, PA.: JOB NO. 29-393, DATED 05/162003.
ORDINANCE NO,4 7 5 6
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
COMMERCIAL 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 C-2, Thoroughfare Commercial, to R -O, Residential
Office, 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 6'h day of September, 2005.
By:
ATTEST:
IIIIIIII111111III Hill Jill IIIIII111IIIIIIIII1 lift 11111JIM 1111111111IIIIJill
Doc ID: 11002 ar
Recorded: 11/1012005t 01:04:35 PM
Fee Amt: $11.00 Paae 1 of 2
Washlnaton County. AR
Bette 3tamoa Circuit Clerk
F11e2005-00050772