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Home My WebLink AboutOrdinance 4860 Val ' Doc ID : 009947500002 TVDe : REL Recorded : 05/ 10/2006 at 11 : 44 : 04 AM Fee Amt : $11 . 00 Face 1 of 2 ii Washinaton County . AR 11 Bette Stamps Circuit ClerkQ Q Q l File2006�0001 V V 7 V i ORDINANCE NO, 4860 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06- 1986, FOR APPROXIMATELY 0.41 ACRES, LOCATED AT 727 SOUTH SCHOOL AVENUE, FROM C-2, THOROUGHFARE COMMERCIAL AND I- 1 , HEAVY COMMERCIAL/ LIGHT INDUSTRIAL 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 C-2, Thoroughfare Commercial and I- 1 , Heavy Commercial/Light Industrial to C-2, Thoroughfare 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 I above. RKlTRift,S�'' ti�••G�SY OF •,G,p�'s PASSED and APPROVED this 18u' day of April, 2006. "_ a : FAYETTEVILLE : 3 APPROVED: ATTEST: 9s•9QKANSP�'J�:� GTOIA GI y 1 IIIIPIP By: 7By: D COO Y, Mayor S NDRA SMITH, City Clerk o Washington this County, nt —�j I certify this instrument was filed on li 05/10/2006 11 :44:04 AM and recorded in Real Estate 'i File Number 2008-00018878 Bette Stamps - Circuit Cl R, by EXHIBIT "A" RZN 06-1986 A PART OF THE NW 1/4 OF THE NE 1/4 OF SECTION 21 , T-16-N, R-30-W, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 200.00 FEET SOUTH OF THE NE 1 /4 OF BLOCK 15, FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS (PRIOR TO ANY STREET CLOSING); THENCE N89 DEGREES 40'30"W, 300.00 FEET; THENCE S 60.00 FEET; THENCE S 89 DEGREES 40'30"E, 300.00 FEET; THENCE NORTH 60.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.41 ACRES, MORE OR LESS, AND BEING A PART OF BLOCK 15, FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO STATE HIGHWAY 71 RIGHT-OF-WAY ALONG THE EAST BOUNDARY. SUBJECT TO RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. City of Fayetteville x(00 4 Staff Review Form City Council Agenda Items or Arora Contracts 18-Apr-O6 `{ City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: R7_N 06- 1986 (Arora, 562): Submitted by Dinesh Arora for property located at 727 South School Avenue. The property is zoned C-2, Thoroughfare Commercial and 1- 1 , Heavy Commercial/Light Industrial, and contains approximately 0.41 acres. The request is to rezone the subject property to C-2, Thoroughfare 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 O Budget Adjustment Attached Previous Ordinance or Resolution # n/a Department Dir ctor Date Original Contract Date: n/a Original Contract Number: n/a City Attor Received in Ci y ice Finance and Internal Service Director Date Received in Mayor's Office AAX, `/ 9 Mayor Date Comments: City Council Meeting of April 18, 2006 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: March 30, 2006 Subject: Rezoning for Arora (RZN 06- 1986) RECOMMENDATION The Planning Commission recommended approval of the subject rezoning request from C-2, Thoroughfare Commercial and I-1 Heavy Commercial/Light Industrial to C-2, Thoroughfare Commercial on approximately 0.41 acres located at 727 S. School Ave. BACKGROUND The subject property consists of a part of Block 15 of the Feruson Addition, containing approximately 0.41 acres. The property is located south of 6'E Street at 727 S. School . There is currently a restaurant on the property with access from School Avenue. Surrounding properties are a mix of commercial and industrial uses. DISCUSSION This item was heard at the regular Planning Commission on March 27, 2006. The Planning Commission voted 8-0-0 to forward the rezoning request with a recommendation for approval . BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06- 1986, FOR APPROXIMATELY 0.41 ACRES, LOCATED AT 727 SOUTH SCHOOL AVENUE, FROM C-2, THOROUGHFARE COMMERCIAL AND I- 1 , HEAVY COMMERCIAL/LIGHT INDUSTRIAL 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 C-2, Thoroughfare Commercial and I- 1 , Heavy Commercial/Light Industrial to C-2, Thoroughfare 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—day of 2006. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk EXHIBIT "A" RZN 06-1986 A PART OF THE NW '/ OF THE NE '/< OF SECTION 21 , T- 16-N, R-30-W, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATA POINT 200.00 FEET SOUTH OF THE NE % OF BLOCK 15, FERGUSON' S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS (PRIOR TO ANY STREET CLOSING); THENCE N89 DEGREES 40' 30"W, 300.00 FEET; THENCE S 60.00 FEET; THENCE S 89 DEGREES 40' 30"E, 300.00 FEET; THENCE NORTH 60.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.41 ACRES, MORE OR LESS, AND BEING A PART OF BLOCK 15, FERGUSON' S ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO STATE HIGHWAY 71 RIGHT-OF-WAY ALONG THE EAST BOUNDARY. SUBJECT TO RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. �y . H Taye I PC Meeting of March 27, 2006 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: March 21 , 2006 RZN 06-1986: Rezoning (ARORA, 562): Submitted by DINESH ARORA for property located at 727 S. SCHOOL AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL AND I- 1 , HEAVY COMMMERCIAL/LIGHT INDUSTRIAL and contains approximately 0.41 acres. The request is to rezone the subject property to C-2, THOROUGHFARE COMMERCIAL. Planner: JESSE FULCHER RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings herein. PLANNINGCOMMISSION TION Required Ix YES tl+ a n 4 s �a[ �rh'` � Mr, +�Fonvarded�,� ' 0 Denied �, Date March'272006 t ` Vote 8 0 0 - .` °'e : x �4 •ti 'i . N}rA+ x,17. ZY . >'�' r�.: L 1 5 CITX COUNCIL ACTION ' Req`ulrcd � YESrl �+ fir# , , rove � l�` x' n *3 17rA Dat A A18 006(is`�readl elf recdmmendedl �rM ; �1 � � +. Allot .. , � - amu. � .�� .� •� � .._ . .- t = � BACKGROUND: Property description: The subject property consists of a part of Block 15 of the Ferguson Addition, containing approximately 0.41 acres. The property is located south of 6t1i Street at 727 S. School . There is currently a restaurant on the property with access from School Avenue. Surrounding properties are a mix of commercial and industrial uses. Proposal: The applicant proposes rezoning the west half of the property from I- I to C-2, Thoroughfare Commercial, to allow for a uniform use of the property. The parcel is currently split-zoned, with the front half C-2 and the back half 1- 1 . Recommendation: Staff recommends approval of the rezoning request. This area is designated as Mixed Use on the future land use plan, which includes areas where residential, commercial , K.lReports l2006WC RelvrtTI03-27-061RZN 06-/986 (Arora).do office, agricultural and some industrial uses would be appropriate. The property has direct access to School Avenue, a major thoroughfare. The area adjacent to School Avenue serves as a large commercial and industrial area with an existing assortment of residential, commercial, and industrial uses located in close proximity to each other, serving the surrounding community. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Restaurant C-2/1- 1 South Restaurant C-2/I- 1 East Farmers Coo erativeC-2, Thoroughfare Commercial West Converted Residential Building 1- 1 . Heavy Commercial/Light Industrial INFRASTRUCTURE: Streets : Currently the site has access to South School Ave. Road improvements per AHTD and dedication per the master street plan would be required if the property were to further develop. Surrounding Streets: North: 6'h Street (Principal Arterial) East: School Avenue (Principal Arterial) Water: Public water is adjacent to the site. There is a 6" waterline along the east side South School. Improvements to the water system may be required dependent upon the demand placed by future development. Water service will need to be extended within the property at the time of development. Sewer: Sanitary sewer is available to the site. There is a 12" sewer line along the west side of South School . Improvements to the sewer system may be required dependent upon the demand placed by future development. Water service will need to be extended within the property at the time of development. 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 2 minutes for a distance of 0.6 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 Mixed Use. 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:tReporal20061PC Rt,portsIO3-17-06IRZiV 06-1986 (Arora).doc FINDINGS OF STAFF 1 . 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 C-2 to the east, 1-1 to the west, and C-2/1- 1 to the north and south. Surrounding properties are primarily industrial or commercial in nature. Enforcement of City, regulations will maintain standards for quality mixed development along School Avenue. 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 in order to allow for a uniform use of the property. A split-zoned property can be problematic, in that permitted uses on sections of the property may not be permitted on another section of the property. Differing setbacks, uses, buffer areas, density, height, and other zoning and development standards are also difficult to administer for redevelopment of split-zoned properties. . 3 . 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 may decrease potential traffic conflicts on this major thoroughfare. Cross access to other developed properties may also be required. 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. 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. A:I Repor s 12006PC Reporls103-27-061 RZN 06-1986 (Arora).doc Currently the site has access to School Avenue. At the time of future development, the street 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 -coning 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 e even though there are reasons under b ( 1 ) through (4) above why the proposed zoning is not desirable. Finding: N/A K.Weportst2006VPC ReporuIO3-27-06W,N 06-1986 (Arora).dm 161.20 District 1-1 , Leavy Commercial And Light Industrial (A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light industrial uses which are compatible with one another but are inappropriate in other commercial or industrial districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to provide a degree of compatibility between uses permitted in this district and those in nearby residential districts. (B) Uses. ( 1 ) Permitted uses. Unit 1 Ci -wide uses b ri ht Unit 4 Cultural and recreational facilities Unit 12 Offices, studios and related facilities Unit 13 Eating laces Unit 17 Trades and services Unit 18 Gasoline service stations & drive-in restaurants Unit 25 Professional offices M41 `13 (2) Conditional uses. Unit 2 Ci -wide uses by conditional use permit Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations- Front, when adjoining A or R districts 50 ft. Front, when adjoining C. I, or P districts 25 ft. Side, when adjoining A or R districts 50 ft. Side, when adjoining C, 1, or P districts 10 ft- Rear, when adjoining C, 1, or P districts 10 ft. (F) Height regulations. There shall be no maximum height limits in 1- 1 District, provided, however, that any building which exceeds the height of 25 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 25 feet. (G) Building area. None. (Code 1965, App. A., An. 5(VIII); Ord. No. 2351 , 6-2-77; Ord. No. 2430, 3-21 -78; Ord. No. 2516, 4-3-79; Ord. No. 1747, 6-29-70; Code 1991 , § 160o39; Ord. No. 4100, §2 (Ex. A), 6-16-98: Ord. No. 4178, 8-31-99) K:IReports120061PC Repoial03-17-061R71VO6-1986 (Arorv).doc 161 .17 District G2, 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. ( I Permitted uses- Unit 1 Ci -Wde uses b ri ht Unit 4 Cultural and recreational facilities Unit 12 Offices, studios and related services Unit 13 Eatin laces fi " Unit 17 Trades and services Unit 18 Gasoline service stations & drive-in restaurants e:- MOM MUM 2 Conditional uses. Unit 2 Ci -wide uses by conditional use permit Unit 3 Public rotection and utility facilities Unit 21 Warehousin and wholesale Unit 28 Center for collecting recyclable materials Unit 32 Sexuall oriented business Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations. None. E Setback re dations. Front 50 ft. Side None Side, when Conti uous to a residential disUict 15 h. 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) lot. Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such KAReports110061PC Repora103-17-061RZN 06-1986 (Amra).doc