HomeMy WebLinkAboutOrdinance 47730 !
ORDINANCE NO. 4773
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-1, NEIGHBORHOOD
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 R -A, Residential -Agricultural to C-1, Neighborhood
Commercial, as shown on Exhibit "A" Attached hereto and
made a part hereof.
Section 2: That the official zoning map of the City of Fayetteville, Arkansas is
hereby amended to reflect the zoning change provided in Section 1 above.
PASSED and APPROVED this 4th day of October, 2005.
IIIIIIIIthVtIII 11111tIIIIIIII IIIII ItibOIII IIIII I111111111IIIIIIIIIIIII IIII
Doc ID: 009341980002 TVDe: REL
Recorded: 11/15/2005 at 01:06:52 PM
Fee Amt: $11.00 Paae I of 2
Washington County. AR
Bette Stamos Circuit Clerk
Fi1e2005-00051312 By
ATTEST:
By: Mat
SONDRA SMITH, City Clerk
APPROVED:
DAN COODY, Mayor
*FAYETfEVILLE'
• 4...
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
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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
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ENGINEERING. INC.
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Attn: Planning Commission
Re: Mathias Shopping Centers RZN
Dear Commissioners,
August 16, 2005
This correspondence addresses items relating to a Rezoning request submitted by
H2 Engineering, Inc., on behalf of Mathias Shopping Centers, Inc.
This property is located on the north side of Highway 62 west of Intestate 540 and
is currently zoned C-1 and R -A. The rezoning request is being made to "square up" the
zoning lines (i.e. rezone a portion from R -A to C-1) as they relate to this property
boundary.
The requested zoning change is merely an adjustment to the current zoning lines.
The requested C-1 zoning is adjacent to R -A to the north and west, C-1 to the south, and
C-2 to the east. As stated previously, the rezoning is needed to square up the zoning lines
as they relate to the boundary. This rezoning will not appreciably increase either traffic
danger or congestion. The proposed zoning will not alter the population density
significantly.
Sincerely
T omas A. Hennelly, P.E
2758 Millennium Drive Suite I Fayetteville, Arkansas 72703 Phone: 479.582.H2Ei Fax: 479.582.9254
ENGINEERING, INC.
City of Fayetteville August 16, 2005
113 West Mountain Street
Fayetteville, AR 72701
Attn: Planning Staff
Re: Mathias Shopping Centers RZN
Dear Staff,
This correspondence addresses items relating to a Rezoning request submitted by
H2 Engineering, Inc., on behalf of Mathias Shopping Centers, Inc.
This property is located on the north side of Highway 62 west of Intestate 540 and
is currently zoned C-1 and R -A. The rezoning request is being made to "square up" the
zoning lines (i.e. rezone a portion from R -A to C- I) as they relate to this property
boundary.
The property is currently owned by Sam Mathias, Bleaux Barnes, and Samantha
Barnes.
The proposed usage will conform in both appearance and function to surrounding
properties. Near by restaurants, and retail developments are similar to this use in both
land use, traffic generation and appearance.
Water is available via a 12" line on the south side, south of Highway 62. 6"
Sanitary sewer is available on the west side of the property.
Sincerely
2758 Millennium Drive Suite I Fayetteville, Arkansas 72703 Phone: 479.582.H2E1 Fax: 479.582.9254
RZN05-1711
Future Land Use
MATHIAS
1
C-2 m
• ., . . _ .._ _ _ - .
1 �. - - : .Commun/ry Commercial
> ,• I?ailcs
_ .Mixed Use: : , : : _ _ - _ ..
: .. " " . Md U zese
R ommercial
• .�� .. _ - _ _ - _ O ce ct
- - _ _• - ; ; ; ; ; ; ; ; H storic Commercial
- ' " _ .. • .. .. .. - _ .. .. mmunity �Comme.rcial
_ _ . ..: :: :: . . . .. :::: :: . . ...'',`,..•`;®♦Neightiorhood'Corlimerpa:
.,. .............. .... ...:::::.CPZe , �,-..���� :\
. _ _ Rn: :. :. :: .. :: _ .. .. .. _ .. - 'Regional Commercial• l'
Industrial
• _ _ _ _ - _ _ UniVerslty
. - _ _ . . . ' . • _ . . .. , ......S . . _ . . . . .
Residential ....... .
Overview Legend
----_ Subject Property
Boundary
--'-- RZN05-1711
'tip Planning Area
Streets 0000$ Overlay District
a '1i Existing II Outside City
r--i Planned Legend
0 75 150 300 450 600
'Feet
From: Sondra Smith
To: Pate, Jeremy
Subject: Ordinances 4767, 4772, 4773, 4774, 4775 and 4776
Hello Jeremy!
Attached are the ordinances that were passed at the City Council meeting on October 4, 2005.
Have a great day!
III .II L'..I l iTsT,N,VI
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** Publication Charge: $ /C'9(/
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day of , 2005.
Notary Public Sharlene D. Williams
Notary Public
My Commission tate of Arkansas
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An invoice will be sent.
INA14CE REZONING THAT PROPERTY
O IN REZONING PETITION RZN 05-1711
IO)(IMATELY 1.25 ACRES LOCATED AT
WEST FROM R -A, RESIDENTIAL- AGRI-
- TO C-1. NEIGHBORHOOD COMMER-
BD IT ORDAINED BY TIIB CITY COUNCIL OP THE CITY OF FAYEITBYILLE, ARKANSAS:
Section 1: That the zone classification of the fdbAn9 deedlbed property Is hereby charged as follows:
From R -A, Residential-A9rIctitural to C-1, NeighbMrood Conmerdel. as shown on Exhibit
•A- Anadhed hereto and made sport hereof.
Section 2: That the official zonhg map of the City of Fayettaile. Admrsss Is hereby amended to reflect
the zordng change arcMded in Section 1 abate.
PASSED and APPROVED thus 4th day of October, 2005.
APPROVED:
EKHIBIT'A'
RZN 05-1711
PART OF THE NW 1/4 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 9, TOWNSHIP 16 NORTH,
RANGE 30, WEST OF THE FIFTH PRINCIPLE MERIDLAN IN WASHINGTON COUNTY, ARKANSAS AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NW 1/4 OF THE SE 1/4 OF THE NW 1/4 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 POINTOF BEGINNING: THENCE
S02°16'39W 30.48 FEET, THENCE S70°40D9'W 485.75 FEET. THENCE N01°28'10•E 209.39 FEET
THENCE 587°43'21E 454.57 FEET TO TpIE POINT OF BEGINNING. CONTAINING 1.25 ACRES
MORE OF LESS. •-
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-571-6470