HomeMy WebLinkAboutOrdinance 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
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it
LAND USE PLAN: The Future Land Use Plan designates this site for Community Commercial.
Rezoning this property to C -t is consistent with the land use plan. Furthermore, the owner has
provided a Bill of Assurance that would limit the allowable uses, so that the property, if rezoned,
would remain compatible with surrounding land uses in the area.
FINDINGS OF THE STAFF
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. Surrounding
properties are commercial in nature except those properties to the west,
across Pollard Ave. By limiting several of the permitted uses in the C-1
zoning district, the property will remain compatible with the residential area
as well as provide limited commercial services for those residents.
2. 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 and needed in order to regulate the
allowable uses on this property as well as provide the applicant an
opportunity to utilize the subject property in an appropriate manner that is
compatible with adjacent land uses.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: There is no known proposed re -use of the site at this time. It is anticipated
that a future commercial use on the property would increase traffic from
that which is currently generated. However, N. College Ave. is a 4 -lane,
Principal Arterial in this location, which should adequately serve the
increase on an 0.18 -acre site. At the time of redevelopment, curb cuts/entry
drives onto the property would be reviewed for safety.
Police — It is the opinion of the Fayetteville Police Department that this rezoning request
will have a negligible impact on both the population density and the traffic
congestion for that 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.
K:IReports120051PC Reports l09-/2-051R%N 05-1687 HOPMANN.doc
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SD
Public service providers have responded accordingly:
Police — It is the opinion of the Fayetteville Police Department that this rezoning
request will have a negligible impact on both the population density and the
traffic congestion for that area.
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.
Engineering - The property is currently served by a 6" water line on the west side of N.
College Ave.
The site is currently served by an 8" sewer main on N. Pollard Ave.
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.
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.'IReporsI20051PC Reports109-12-051 RZN 05-1687 HOPMANNdoc
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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 places
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 residential
district
10 ft.
Rear
20 ft.
(F) Height regulations. There shall be no maximum height limits in C -I 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.
(Code 1965, App. A., An. 5(V); Ord. No. 2603, 2-19-80; Ord. No. 1747,6-29-70; Code 1991, § 160.035; Ord. No. 4100, §2 (Ex. A), 6-1698; Ord. No.
4178, 8-31-99)
K. tReports12005 PC Reporal09-12-051 RZN 05-1687 HOPMANN.dac
161.15 District R -O, Residential Office
(A) Purpose. The Residential -Office District is designed primarily to provide area for offices without limitation to
the nature or size of the office, together with community facilities, restaurants and compatible residential uses.
(B) Uses.
(I) Permitted uses.
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 and related services
Unit 25
Professional offices
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility utilityfacilities
Unit 4
Cultural and recreational facilities
Unit 11
Manufactured home park
Unit 13
Eating laces
Unit 24
Home occupations
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities
(C) Bulk and area regulations.
(Per dwelling unit for residential structures)
(I) Lot width minimum.
Manufactured home park
100 ft.
Lot within a manufactured home
park
50 ft.
Single-family
60 ft.
Two-family
60 ft.
Three or more
90 ft.
(2) Lot area minimum.
Manufactured home park
3 acres
Lot within a manufactured home
park
4,200 sq.
ft.
Townhouses:
Development
Individual lot
10,000 sq.
2,500 sq.
ft.
ft.
Single-family
6,000 sq.
ft.
Two-family
6,500 sq.
ft.
Three or more
8,000 sq.
ft.
Fraternity or Sorority
1 acre
K:IReports120051PC Reporrsl09-12-051RZN 05-1687 HOPAMANN.doc
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(3) Land area per dwelling unit.
Manufactured home
3,000 sq.
ft.
Townhouses & apartments:
No bedroom
1,000 sq.
ft.
One bedroom
1,000 sq.
ft.
Two or more
1,200 sq.
ft.
bedrooms
Fraternity or Sorority
500 sq. ft.
per resident
(D) Density.
Units per acre I 4 to 24
(E) Setback regulations.
Front
30 ft.
Front, if parking is allowed between the right-
of -way and the building
50 ft.
Side
10 ft.
Side, when contiguous to a residential district
15 ft.
Rear, without easement or alley
25 ft.
Rear, from center line of public alley
10 ft.
(F) Height regulations. There shall be no maximum height limits in R -O Districts, provided, however, that any
building which exceeds the height of 20 feet shall be set back with any boundary line of any RSF or RMF District an
additional distance of one foot for each foot of height in excess of 20 feet.
(G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot.
(Code No. 1965, App. A., An. 5(x); Ord. No. 2414,2-7-78; Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No, 1747,6-29-70; Code 1991,
§ 160.041; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4726, 7-19-05)
K: IReports120051PC Reports 109-/2-051RZN 05-1687 HOPMANNdoe
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THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
August 30, 2005
Robert C. Hopmann
3551 Madison Dr.
Fayetteville, AR 72701
Re: Rezoning 935 N. College Ave.
Dear Mr. Hopmann:
125 W. Mountain Si.
Fayeuevilic, AR 72701
'phone: (479) 575-8267
Currently, staff is reviewing a rezoning request for 935 N. College Ave. from R -O, Residential
Office to C -1, Neighborhood Commercial. Presumably, the rezoning is being requested so that
an existing pole on the property may be used for the erection of a sign. The C -I zoning district
would allow for a larger sign than the R -O district, however the use of a nonconforming structure
(the existing pole structure) for the erection of a new sign would be limited and/or restricted in
either zoning district. Since the structure located on the lot was abandoned or was not in use for
6 consecutive months it shall hereafter only be used in conformity with the regulations of the
district in which it is located. As a result, afreestanding or monument sign erected on the
property shall meet all current regulations for the zoning district in which it is located, whether
Residential Office or Neighborhood Commercial.
The regulations for the R -O and C -I zoning districts are as follows:
Table 1
Residential Office
Freestanding Sign
Monument Sign
Setbacks
15' from right-of-way & 25' from
10' from right-of-way & 25' from
adjoining property lines
adjoining property lines
Square
Footage
4 square feet
16 square feet
Maximum
6' above the level of the street which it
Height
faces
6' above surrounding finish grade
Table 2
Neighborhood Commercial
Freestanding Sign
Monument Sign
Setbacks
1 15'-40' from right-of-way & 25' from
10' from right-of-way & 25' from
adjoining ro erty lines
adjoining property lines
Square
10 square feet @ 15' setback up to 75
Footage
square feet @ 40' setback
Up to 75 square feet @ 10' setback
Maximum
30' above the level of the street which it
Height
faces
6' above surrounding finish grade
Currently, the right-of-way for N. College Ave. is 110' (55' from centerline) per the Master
Street Plan. Our records indicate the Master Street Plan right-of-way extends to at least the front
of the existing structure located on said property. Chapter 166.18 of the Unified Development
Code requires that all setbacks be dimensioned from the established right-of-way and the
establishment of any new structure within the right-of-way be prohibited. As a result, the
erection of a monument or freestanding sign in front of the existing structure would be
prohibited, since it would be located within the Master Street Plan right-of-way and the sign
would not meet the minimum setbacks as required by Chapter 174 of the Unified Development
Code'. Based on the ordinance criteria, a rezoning request to C -I would not result in approval
for the requested sign or reuse of the existing pole
The City Council will soon hear a request to modify the required right-of-way in this location to
a 60' total right-of-way as opposed to the current 110' total right-of-way required. This would
reduce the required right-of-way by 25' on this property. Nevertheless, the location of the
existing pole would most likely still be located within the 60' right-of-way'. It is difficult to
determine the exact location of the pole without a survey of the property. However, if the right-
of-way was decreased to 60' a pole sign could potentially be located between the building and
the right-of-way, with a maximum size of 4 square feet in the R -O zoning district. A monument
sign in the R -O zoning district could have to 16 square feet of display area. In the C-1 zoning
district a pole sign between the building and the right-of-way could have as much as 20 square
feet of display area and a monument sign could have as much as 75 square feet of display area.
Both the monument sign and a pole sign would be subject to a 25' setback from adjacent
property lines in either zoning district in addition to the setbacks from the right-of-way as shown
in the table above.
We are providing this information in order for you to determine if proceeding with the rezoning
request is still desired. At this time, the rezoning request could be withdrawn and the fees
refunded. However, after Thursday, September 01, staff will not be able to refund fees
associated with this request. If you have any further questions, please contact Jesse Fulcher at
575-8264.
Sincerely,
Jesse Fulcher
City of Fayetteville
'The location of the right-of-way as well as the distance between the structure and the right-of-
way as discussed are approximations. A current survey would more accurately determine the
location of the structure, right-of-way and property lines.
FAYE 0 "EVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
Thursday, August 25, 2005
Jeremy Pate
Director of Current Planning
125 W Mountain Street
Fayetteville, AR 72702
Dear Mr. Pate,
•
POLICE DEPARTMENT
This document is in response to the request for a determination of whether the proposed
rezoning RZN 05-1687 (Hopmann, 446) submitted by Jeremy Kennedy would
substantially alter the population density and thereby undesirably increase the load on
police or create an appreciable increase in traffic congestion and danger.
It is the opinion of the Fayetteville Police Department this rezoning request will have a
negligible impact on both the population density and the traffic congestion for that area.
Sincerely,
1C- U.
Lieutenant Rob Turberville
Fayetteville Police Department
FAYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701
P.O. BOX 1988 JAIL: 140-A WEST ROCK STREET 72701
FAYETTEVILLE, ARKANSAS 72702-1988 PHONE: 479-587-3555 FAX: 479.5873522
Fayetteville Fire Department
303 W. Center St. Fayetteville AR. 72701
Date: August 23, 2005
To: Suzanne Morgan, Jeremy Pate, Andrew Gamer, and Jesse Fulcher
From: Captain Dale Riggins
Subject: Re -zoning review from the Fayetteville Fire Department.
RZN05-1687 (Hopman, 466)
This 0.18 acres is covered by Station I on Center Street.
The property is 1.2 miles from the station with an anticipated response time of 4 minutes.
No calls for service are figured on Commercial re -zonings and there should be no adverse
affects on our call volume or response time to this re -zoning.
RZN05-1688 (JDM Investments)
These 6.34 acres is currently covered by Station 5 on Crossover Road.
The property is 1.9 miles from the station with an anticipated response time of 3.5
minutes to the beginning of this subdivision and 4 minutes after the maximum build out
is completed. We project this development to produce 6 calls for service per year at
maximum build out (2 fire/other and 4 EMS). The service impact of this development
will typically take eighteen months, after the development is started, to occur. There
should be no adverse effects on our call volume or response times to this subdivision.
If you have any questions, please feel free to call or email me.
Dale Riggins
Captain
Fayetteville Fire Department
�)
Hopmann (RZN 05-1687)
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 upgrading the current system. An evaluation will need to be
made at the time of Large Scale Development or building permit.
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 the
current usage.
The site has access to Pollard Avenue on the west and North College on the east. Standard
improvements to Pollard Avenue will be required along the property frontage. Off -site
improvements to Pollard Avenue will need to be evaluated by staff at the time of Large Scale
Development or building permit.
Runoff from most of the site flows overland to the west to Pollard Avenue. A small portion flows
west to the existing storm drain system in North College.
JDM Investments (RZN 05-1688)
Public water
is adjacent to the site. There is a
12" main along Crossover and
an 8" main in the
Candlewood
subdivision. Water service will
need to be extended within the
property at the time of
development.
Additional connections will be
required to complete a looped
system.
A sanitary sewer main crosses the east end of the site. There is also a large diameter force main
that parallels the gravity main. Sewer service will need to be extended within the property at the
time of development. A study of the downstream sewer system must be completed by the
developer prior to submittal of construction plans.
The site will have access to Crossover Road. There is also a stub -out on the Candlewood
Subdivision plat from the south, extending to this property.
The site is divided by a ridgeline with half the flow going northwest and half going northeast.
Detention shall be provided to allow for the additional runoff.
a 0
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RZFutN0e 5aUs68e HOPMANN
Overview Legend
Subject Property Boundary
RZN05-1687
' . Planning Area
OoaOO
Streets a 8 Overlay District
000aa
_ ' N ' Existing Outside City
Planned Legend
•__� 0 50 100 200 300
From: Clarice Pearman
To: Pate, Jeremy
Subject: Ord. 4778 and 4782
Jeremy,
Attached is a copy of your division's agenda items passed by City Council, October 18, 2005 regarding R-
PZD 04-1182 and RZN 05-1687.
Thanks.
Have a good day.
Clarice
CC: Bell, Peggy; Deaton, Vicki; Goddard, John; Jorgensen, Todd; Randall, Clyde
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
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.
i&ih Oc+obtr
PASSED and APPROVED this -28th -day of September, 2005.
APPROVED:
;FAYETfEVILLE'
sy :�kANS:�J�
SONDRA SMITH, City Clerk
r
•
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.
From: Clarice Pearman
To: Pate, Jeremy
Date: 10/27/05 5:18PM
Subject: Ord. 4778
Jeremy,
Attached is a copy of the above ordinance passed by City Council, October 18, 2005. The one I
previously sent to you had September as the date. Please disregard and replace. Sorry for the
inconvenience.
Thanks.
Clarice
CC: Bell, Peggy; Deaton, Vicki; GIS
"No rduvestArksuuas'Most Wider Read Newspaper"
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:
aJ was inserted in the regular editions on
PO#
** Publication Charge: $
Subscribed
and sworn to before me this
6U day of /Z, 2005.
J/al ', /D. WJi&z9
Notary.Public Sharlene D. Williams
•Notary Public
My Commission Expires: State of Arkansas
My Commission Expirl
October 18, 2014
** Please do not pay from Affidavit.
An invoice will be sent.
RECFI\!ED
0CT 31 2005
CITY OF ,., L!TEVILLE
CITY CLERK'S OFF:CE
AN ORDINANCE RE2ONtNG PE THAT RZN 05ER87 - e evilly
DESCRIBED IN ATELY 0G ACRESOC TE-18AT
FOR NOfiTh E 0.18 ACRES LOCATED AT
S-
935 NORTH COLLEGE AVENUE FROM R -O, RES-
IDENnALOFFK TO CA, NEIGHBORHOOD CON- ARKANSAS
MERCIAL
W IT ORDAINED BY THE CRY COUNCIL OF THE CRY OF FAYErrUM B, ARJEAN5
Sectcn 1: That the zone cassilcalbn of the foloMiq described prop&ty Is hartby charged as tole
From R -O, Resldentol-ORce to C-1, NelghbGrhood ComrnordS, as shown on E4 -bit •A• Attached I,
to and made a part hereof.
Secton 2: That the official zorJrg nap of the City of FayetteAle, Arkansas Is booby emended torn
the zoning change prolded i Section 1 above.
Clot
D(HIBR W
RZN 05-1687
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-571-647O