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Home My WebLink AboutOrdinance 4778 ORDINANCE NO, 4778 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 05- 1687 FOR APPROXIMATELY 0. 18 ACRES LOCATED AT 935 NORTH COLLEGE AVENUE FROM R-O, RESIDENTIAL- OFFICE 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-O, Residential-Office 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 181hday of October, 2005. APPRO _� • • ?' By: ; FAYETTEVILLE ; 3 DAN COODY, M or ATTEST: 71 ATTEST: !fAN G�J`�• By: 0 ryu - SONDRA SMITH, City Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID : 009342020002 TVDe : REL Recorded : 11/15/2005 at 01 : 08 : 47 PM Fee Amt : $11 . 00 Pace 1 of 2 Mashlnoton County . AR Bette Stews Circuit Clerk F11e2005 -00051316 EXHIBIT "A" RZN 05-1687 LOT NUMBERED EIGHT (8) IN BLOCK NUMBERED THIRTEEN ( 13), TRENT' S REVISED PLAT OF THE CITY PARK ADDITION TO THE CITY OF FAYETTEVILLE, AS DESIGNATED UPON THE RECORDED PLAT OF SAID ADDITION. Washington County, AR I certify this instrument was filed on 11/15/2005 01 :08:47 pM and recorded in Real Estate File umber 2005.00051318 Bette tamps - Circuit Clerk by - City of Fayetteville /d Staff Review Form / 77Y \ City Council Agenda Items /ZAI 05- /6 87/ or Contracts G35 N1 64f L 4-Oct-os City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: RZN 05- 1687: (HOPMANN, 446): Submitted by Jeremy Kennedy for property located at 935 North College. The property is zoned R-O, Residential Office, and contains approximately 0. 18 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 Q- I� - OS Department Director Date Original Contract Date: n/a Original Contract Number: n/a CiAttorney Received in City Clerk's Office Finance and Internal Service Director Date / Received in Mayor's Office CLE Mayor Date Comments: P�� t7n ,�'ecL>7Gf �ec+cf� n� IO�b`f�05 City Council Meeting of October 4, 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 Bob Hopmann (RZN 05- 1687) RECOMMENDATION The Planning Commission voted to recommend approval of the subject rezoning request rezoning approximately 0. 18 acres of property from R-O, Residential Office, to C- 1 Neighborhood Commercial . BACKGROUND The subject property contains 0. 18 acres and is owned by Robert Hopmann. It is located between Cleburn St. and North St., fronting onto N. College Ave. and Pollard Ave. Surrounding properties are a mix of RSF-4, Residential Single Family, R-O, Residential Office and C-2, Thoroughfare Commercial. There are no known plans for redevelopment of the property at this time. The applicant has requested the rezoning to allow for a larger dimensioned sign for the proposed business use. With the request for rezoning of the subject property from R-O to C- 1 , the applicant has also offered a Bill of Assurance limiting the uses of the property, if the rezoning is approved. Staff recommends approval of this rezoning request based on findings stated herein, with the limitations as stated within the Bill of Assurance, finding that the uses allowed will be compatible and similar to surrounding uses allowed within existing zoning districts. DISCUSSION This item was heard at the regular Planning Commission on August 8, 2005 . The Planning Commission voted 5-2-0 to recommend this rezoning request to the City Council, with Commissioners Anthes and Ostner voting no. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 05- 1687 FOR APPROXIMATELY 0. 18 ACRES LOCATED AT 935 NORTH COLLEGE AVENUE FROM R-O, RESIDENTIAL-OFFICE TO C- I , 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-O, Residential-Office to.0- 1 , Neighborhood Commercial, as shown on Exhibit "A" AttachedNhytoa\ dd made a part hereof. Section 2 : That the official zoning map of the City of Fayetteville, Arkansas is f/ hereby amended to reflect the zoning th , an\pro ided in S c io/n.l above. PASSED and APPROVED this\ > day of. _ v 2005. X137 yy/ APPROVED: G ?f f y \ By: y y y DAN GOODY, Mayor ATTEST: \� i By: SONDRA SMITH, City Clerk EXHIBIT "A" RZN 05-1687 LOT NUMBERED EIGHT (8) IN BLOCK NUMBERED THIRTEEN ( 13), TRENT' S REVISED PLAT OF THE CITY PARK ADDITION TO THE CITY OF FAYETTEVILLE, AS DESIGNATED UPON THE RECORDED PLAT OF SAID ADDTION. i 09/07/2005 FED 16 : 40 FAX 479 5 202 City of Fay . Enginecrins0 ) Q003/000 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS th order to attempt to obtain approval of a request for a zoning reclassification, t owner, eveloper, or buyer. of this property, (hereinafter "Petitioner") IDbomawn . hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this 13111 of Assurance in the Chancery/ Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas, The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioners rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to OUw t�,�lLbnfM1mo� CD�t. w�.v4tgl .t bl.5tfi 2 t�,�- �t0`aG �l'S'ki( 2. Other restrictions including number and type of structures upon the property are limited to 3. Specific activities will not be allowed upon petitioner's property include &f. (A%tC 13 �)hq PIAS, � k,X ( D AiSaIYMG 4. (Any other terms or conditions) _ Z d V 161855289 'ON/£ l : 6 410 [ 1 5004 8 d3 £ AHD w0di 09/07 /2005 WED 16 : 40 FAX 479 57#0202 City of Fay . Engineering ._ � 9004/006 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitionees rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHE EOF and in agreement with all the terms and conditions stated above, 1, , as the owner, developeror buyer (Petitioner) voluntarily offer all such assurances and sign my name below. Date Printed Name 355t l"'lw '� t✓f 1V e, d E�$ a AZ 70 ( Si re NOTARY OATH STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) And now on this the ^ day of _ 200_, appeared before me, and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. NOTARY PUBLIC My Commission Expires: £ d 61618SSM ' ON/£ I : 6 'iS/ D1 : 6 500Z 8 d3SOHD W08d e aye ev1 e PC Meeting of September 12, 2005 ARKANSAS THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephonc: (479) 575-8267 TO: Fayetteville Planning Commission FROM : Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: September 7, 2005 RZN 05- 1687: Rezoning (Hopmann, 446): Submitted by ROBERT HOPMANN for property located at 935 N. COLLEGE AVE. The property is zoned R-O, RESIDENTIAL-OFFICE and contains approximately 0. 18 acres. The request is to rezone the subject property to C- 1 , Neighborhood Commercial. Property Owner: ROBERT HOPMANN Planner: JESSE FULCHER RECOMMENDATION : Staff recommends approval of the requested rezoning based on the findings included as part of this report. ANNING,COMMISSION;AG«TION sytRequired .xYES ` _ " OAPP roved " D.Denied Date: September 12, 2005 CITY COUNCIL ACTION `u Required YES ❑Approved '.&Denied Date: October: 4.2005' (1'1"'re'adi- ifYecommended) ' Comments : BACKGROUND : Property description: The subject property is located between Clebum St. and North St., fronting onto N. College Ave. and Pollard Ave. Surrounding properties are a mix a of RSF-4, Residential Single Family, R-O, Residential Office and C-2, Thoroughfare Commercial . The 0. 18-acre tract contains an existing nonconforming building that was constructed in the 1940's. Property to the K:I Reporul20051 PC Reporeal09-12-051 R7N 05-1687 HOPAfANN.doc • I • ) north and south is zoned R-O, to the west RSF-4, and C-2 to the east. Proposal: The applicant has requested the rezoning to allow for a more appropriately dimensioned sign for the proposed business use. The applicant has also submitted a Bill of Assurance limiting uses on the property, if the rezoning is approved to the following uses: District R-O, Residential Office Permitted Uses Use Unit Unit 1 City-wide uses by right Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 12 Offices, studios, related services Unit 25 ITrofessional offices Conditional Uses Use Unit Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 13 Eating laces Unit 24 Home occupations Unit 26 Multi-family dwellings Unit 36 Wireless communications facilities District C-1 , Neighborhood Commercial with Bill of Assurance Permitted Uses Use Unit Unit l City-wide uses by right Unit 12 Offices, studios, related services Unit 13 Eating Plaees Unit 15 Nei borhood Shopping Unit 18, Gasoline sefvvriee stations and drive in restatir-antss Unit 25 Professional offices Conditional Uses Use Unit Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities K.Weporu12005WC Reporu109-11-05WN 05-1687 HOPMANN.d" Unit 4 Cultural and recreational facilities U*A-34 Unit35 Outdo, Mulsie. Establishments Unit 36 Wireless Communications Facility Request. The request is to rezone the subject property from R-O, Residential Office to C- I , Neighborhood Commercial. There has been considerable discussion regarding the re-use of an existing pole on the site for a sign. With the current proposal and ordinance requirements, this pole may not be utilized at its current location. However, the C- 1 zoning district may give more opportunity for the use of a larger sign on the subject property, subject to the requirements of Chapter 174 Signs. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Office R-O, Residential Office South Office R-O, Residential Office East Commerical C-2, Thorou fare Commercial West Single family homes RSF-4, Residential Single Family, 4 Units per Acre INFRASTRUCTURE: Streets: The property fronts and is accessed both by N. Pollard Ave. and N. College Ave. If redevelopment occurs on this site, standard street improvements will be required along the property frontage on Pollard Ave. Water: Public water is adjacent to the site. Improvements to the water system may not be required as there is currently work about to begin to upgrade the current system. An evaluation will need to be made at the time of Large Scale Development or building permit. Sewer: Sanitary sewer is adjacent to the site. A study of the downstream system shall be conducted by the developer if the usage is to intensify greatly over current usage. Fire: The subject property is located 1 .2 miles from the Fire Station # 1 on Center St. Fire response time is approximately 4 minutes. There should be no adverse affects on the call volume or response time. Police: It is the opinion of the Fayetteville Police Department that this rezoning request will have a neeligible impact on both the population density and the traffic congestion for that area. K:IReports120051PC Reports109-12-051 RZN 05-168711OPMANN.doc