Loading...
HomeMy WebLinkAboutOrdinance 4773 EXHIBIT "A" RZN 05-1711 PART OF THE NW '/4 OF THE SE '/a OF THE NW /40F SECTION 19, 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 NORTHEAST CORNER OF SAID NW '/a OF THE SE %a OF THE NW '/a OF 16- 16-30, SAID POINT BEING A FOUND RAILROAD SPIKE IN THE CENTER LINE OF ONE MILE ROAD, THENCE WEST 612.51 FEET, THENCE SOUTH 113 .76 FEET TO THE POINT OF BEGINNING; THENCE S02° 16' 39"W 30.48 FEET, THENCE S70040109"W 485 .75 FEET; THENCE NO1 °28 ' 10"E 209.39 FEET, THENCE S87043 '21 "E 454.57 FEET TO THE POINT OF BEGINNING. CONTAINING 1 .25 ACRES MORE OF LESS. Washington County, AR I certify this in was filed on 1111512005 01 :08:52 PM and recorded in Real Estate Pile Number 2005-00051312 Bette amps . Circuit Clerk by y7 � 3 City�of Fayetteville • Staff Review form City Council Agenda Items or Contracts 4-Oct-O5 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: RZN 05- 1711 : (MATHIAS, 557): Submitted by H2 Engineering for property located at Hwy 62 West. The property is zoned R-A, Residential Agricultural, and contains approximately 1 .25 acres. The request is to rezone the subject property to C- 1 , Neighborhood Commercial. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project Category Name n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a Deep^artmen Direct Date Original Contract Date: n/a Original Contract Number: n/a 7 - 16 rJJ City Attorney /� ��-,,���� Received in City Clerk's Office EHTEBED �IW�.Cak. , 4 (L •oS � s Finanbe and Internal Service Director Date Received in Mayor's Office F1REH61 c7 Mayor 4Zate Comments: City Council Meet1!'Cg of October 04, 2005 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: September 14, 2005 Subject: Rezoning for Mathias (RZN 05- 1711 ) RECOMMENDATION Planning staff recommends approval of the subject rezoning request to rezone approximately 1 .25 acres of property from R-A, Residential Agricultural, to C- 1 , Neighborhood Commercial. BACKGROUND The subject property is located between 6`h Street (Hwy 62) and Old Farmington Road. The overall site is zoned C- 1 , R-A, and RSF-4. The subject rezoning requests involves only a portion of property zoned R-A, Residential Agricultural. There are no existing structures on the subject property. The applicant requests to rezone a portion of the subject property containing 1 .25 acres from R-A to C- 1 . The applicant intends to develop the portion of property zoned C- 1 for commercial uses. Currently the northern boundary of the C- 1 zoning is angled on the property. The applicant intends to increase the C- 1 zoning on the property such that the northern boundary parallels the south property line of the adjacent single family lots. The applicant anticipates that realigning the northern boundary of the C- 1 zoning district will allow for more usable space. The northern portion of the property will remain R-A and RSF-4, which allows for residential uses compatible with the adjacent single family neighborhoods. Staff recommends approval of the requested rezoning finding that it complies with the intent of the General Plan 2020 and retains the dichotomy of residential and commercial land use between Old Farmington Road and 6`h Street. DISCUSSION This item was heard at the regular Planning Commission on September 12, 2005. The Planning Commission voted 6-0- 1 to forward this item to the City Council with a recommendation for approval of the rezoning request to the City Council. Commissioner Trumbo recused from this item. • City Council Meegg of October 04, 2005 Agenda Item Number Public comment was received at the Planning Commission meeting. The surrounding property owners expressed concern with the potential of traffic from a commercial development accessing Old Farmington Road, a narrow and unimproved street. They expressed no objections, however, to the boundary of the rezoning request. BUDGET IMPACT None. 0 ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 05- 1711 FOR APPROXIMATELY 1 .25 ACRES LOCATED AT HWY 62 WEST FROM R-A, RESIDENTIAL-AGRICULTURAL TO C. I . NEIGHBORHOOD COMMERCIAL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT;X OF FAYETTEVILLE, ARKANSAS: /�C Section 1 : That the zone classification of the folio inng descr\ibed property is hereby changed as follows: �� From R-A, Residential-Agricultural to C- ll`Neighborhood Commercial, as shown on Exhibit "A" Attached\h\toad made a part hereof. Section 2: That the official zoning map of the Nity;Q' f Fayetteville, Arkansas is hereby amended to reflect the zoning change,provided in Section,l above. PASSED and APPROVED tom_ day of, 2005. t APPROVED: By: DAN GOODY, Mayor ATPEST:\ By: SONDRA SMITH, City Clerk EXHIBIT "A" RZN 05-1711 PART OF THE NW /40F THE SE /40F THE NW '/4 OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIK E MERIDIAN IN WASHINGTON COUNTY, ARKANSAS AND BEING MO - P.ARTICULARLY DESCRIBED AS FOLLOWS : . COMMENCING AT THE NORTHEAST CORNER OF SAID N l\%4 OF THE SE V4 OF THE NW '/4 OF 16- 16-30, SAID POINT BEING A FOUND RAILROAD SPIKE IN THE CENTER LINE OF ONE MILE ROAD, THENCE WF�ST 612 51 FEET, THENCE SOUTH 113.76 FEET TO THE POINT OF BEGINNING; THENCES02016'39"W 30.48 FEET, THENCE S70040'0911W 485.7/. EET; 'THENCE N01028 1.0"E 209.39 FEET, THENCE S87043921 "E 454.57 FEET4TO THE"POINT OF BEGINNING. CONTAINING 1 .25 ACRES MORE OF LESS. ' d u, Taye ,e PC Meeting of September 12, 2005 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W- Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Tetephom (479) 575-8267 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: September 7, 2005 RZN 05-1711 : Rezoning (MATHIAS, 557): Submitted by H2 ENGINEERING for property located at Hwy 62W. The property is zoned R-A, RESIDENTIAL AGRICULTURAL, and contains approximately 1 .20 acres. The request is to rezone the subject property to C-1 , Neighborhood Commercial. Planner: SUZANNE MORGAN RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report � ' £3- eek _Euz 53 �1IQNt3elIt1C sb .�^§ J y`�r - -� `�`� `n yY- 33+ y�r�� q }iv � .,.a�Ly£pr - 3 tobet W, UD51t1L ^Iead �'reWnLmen� Caa # TsiTn S �'v i?i - 4a£ Tiv` J _r 'b , "-� �- 3� -ate a y r Mi Comments: BACKGROUND: Property description: The subject property is located between 61 ' Street and Old Farmington Road. The overall site is zoned C- 1 , R-A, and RSF-4. The subject rezoning requests involves only a portion of property zoned R-A, Residential Agricultural" There are no existing structures on the subject property. K.Weparul7005iPCReporut09-J2-OJIRZN05-1711 (Malhi=).dm Background: In 1992, the owner of the overall property requested a rezoning to allow commercial uses (on the southern three-quarters of the property) and multi-family development adjacent to Old Farmington Road. The City Council approved a rezoning to allow Neighborhood Commercial adjacent to 6a' Street and single family residential along Old Farmington Road. In 2004) the owner requested a similar rezoning to that proposed in 1992 with multi-family to the north. This item was eventually withdrawn, and in May of 2005 a C-PZD was requested to create a commercial and multi-family development. Based on staff's comments and review of the project, the applicant withdrew this C-PZD and is now requested to rezone only a portion of the property for commercial development. Proposal: The applicant has requested to rezone a portion of the subject property containing 1 .2 acres from R-A to C- 1 . The applicant intends to develop the portion of property zoned C- 1 for commercial uses. Currently the northern boundary of the C- 1 zoning is angled on the property. The applicant intends to increase the C- 1 zoning on the property such that the northern boundary parallels the south property line of the adjacent single family lots. The applicant anticipates that realigning the northern boundary of the C-1 zoning district will allow for more usable space. The northern portion of the property will remain R-A and RSF-4, which allows for residential uses compatible with the adjacent single family neighborhoods. Request: The request is to rezone the subject property from R-A, Residential Agricultural; to C- 1 , Neighborhood Commercial. r SURROUNDING LAND USE AND ZONING Direction Land Use Zoning R-A, Residential Agricultural North Vacant RSF-4, Res. Single Family — 4 DU/acre South Office R-O, Residential Office East Single Family Dwellings R-A, Residential Agricultural West Single Family Dwellings R-A, Residential Agricultural INFRASTRUCTURE: Streets: The subject property has access from 6a' Street and Old Farmington Road. The portion of property zoned for commercial use has access to 6'h Street. Access to this property and street improvements shall be reviewed at the time of Large Scale Development. Water: A 6" water main is available on Old Farmington Road and a 12" water main is available on 6a' Street. The developer shall extend water within the development and create a looped system, with specifications to be determined at a later date. Sewer: Sanitary sewer is adjacent to the site. The developer shall extend the sewer main within the development and shall conduct a downstream study at the time of development. K:IRepormf30051PCRepo UtO9-11-OSIRZN05-1711 (Ma(him).da Fire: The subject property is located 1 . 1 miles from the Fire Station #6. Fire response time is approximately 2 minutes. There should be no adverse affects on the call volume or response time. Police: It was the opinion of the Fayetteville Police Department for a similar rezoning request in 2004 for this property that it will not substantially alter the population density and thereby undesirably increase the load on police services or create an appreciable increase in traffic danger and congestion on the area. LAND USE PLAN: The Future Land Use Plan designates this site for Mixed Use and Residential. Rezoning this small portion of property to C-1 is consistent with the land use plan. 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 land use planning objectives, principles, and policies and with land use and zoning plans. The overall property is designated Residential and Minced Use on the General Plan. The requested rezoning will still retain the dichotomy of uses on the property. Surrounding properties affected by this zoning are residential in nature. Staff finds that rezoning 1.2 acres of the site will not adversely affect adjacent residential property to the west and vacant residential property to the north. Development of the property will by screened per ordinance requirements. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning will allow the development of this tract for Neighborhood Commercial uses that will benefit the surrounding single family neighborhoods. The rezoning of this small portion of the overall tract will still allow for the development of commercial and residential uses in areas as designated by the General Plan. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Development of the overall site will create additional traffic on 61h Street, a Principal Arterial Street on the Master Street Plan. The rezoning of 1.2 acres to Neighborhood Commercial will allow for a larger commercial development, but have negligible impact on the amount of potential traffic to 'X:IReporisl2OO51PCAWuI09-12-051RTN 05-1711 (Malhias).do this site. At the time of development, curb cuts/entry drives onto the property will be evaluated for safety. Police — It was the opinion of the Fayetteville Police Department for a similar rezoning request in 2004 for this property that it will not substantially alter the population density and thereby undesirably increase the load on police services or create an appreciable increase in traffic danger and congestion on the area. 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 alter the population density in the area. Comments from public service providers have been included in this staff 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; 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.IReportr11005VpCRepomW-12-OAR7N 05-1711 (MaOrim).doo 161.16 District C-1 , Neighborhood Commercial (A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas. (B) Uses. 1 Permitted uses. Unit 1 City-wide uses by right Unit 12 Offices, studios and related services Unit 13 Eating laces Unit 15 Neighborhood shopping Unit 18 Gasoline service stations and drive- in restaurants Unit 25 Professional offices 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 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations. None. E Setback regulations. Front 50 ft. Side None Side, when contiguous to a 10 ft. residential district Rear 20 ft. (F) Height regulations. There shall be no maximum height limits in C-1 District, provided, however, that any building which exceeds the height of 10 feet shall be setback from any boundary line of any residential district a distance of one foot for each foot of height in excess of 10 feet. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. KIReporat2005lPCReporUI09-11-051RZN05-1711 (Maihiat).doc