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HomeMy WebLinkAboutOrdinance 4947 Doc ID : 010705070003 Tvoe : REL Recorded : 12/29/2006 at 01 : 55 : 43 PM , Fee Amt : $14 . 00 Paae 1 of 3 Mashinaton Countv , AR Bette Stamps circuit Clerk Fil02006-00052303 . . ORDINANCE NO. 4947 AN ORDINANCE APPROVING RZN 06-2291 SUBMITTED BY JORGENSEN AND ASSOCIATES FOR PROPERTY LOCATED AT 2805 EAST HUNTSVILLE ROAD, FOR APPROXIMATELY 3 .42 ACRES. REZONING THE SUBJECT PROPERTY FROM RSF- 1 , RESIDENTIAL SINGLE-FAMILY, ONE UNIT PER ACRE, R-A, RESIDENTIAL AGRICULTURAL, AND C- 1 , NEIGHBORHOOD COMMERCIAL 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 RSF- 1 , Residential Single-Family, One Unit Per Acre, R-A, Residential Agricultural, and C- 1 , Neighborhood Commercial, to CA Neighborhood Commercial as shown on Exhibit "A" and Exhibit "B" i 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. oo,,, ,,,,, \Z Y G FS&.' G '.eP ': PASSED and APPROVED this 21 " day of November, 2006. OFAYETTEVILLE ; 3 APPROVED: ATTEST: ^. .9,QkATA Jam` II �� NG t7N Gp `��. BY: DAN COODY, Mayor SONDRA SMITH, City Clerk 3 EXHIBIT "A" RZN 06-2291 PART OF THE NW1 /4 OF THE NW1 /4 OF SECTION 24, T16N, R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS : COMMENCING AT THE NW CORNER OF SAID SECTION 24 THENCE SOUTH 145.67 FEET, THENCE EAST 32.50 FEET TO THE P.O.B., THENCE N76001139"E 377.38 FEET, THENCE Sl 102410511E 328.71 FEET, THENCE S0603013911W 71 .69 FEET, THENCE N8503110811W 76.87 FEET, THENCE S82049'43 "W 245 .59 FEET, THENCE S8605292611W 73 .50 FEET, THENCE ALONG A CURVE TO THE RIGHT 66.78 FEET, SAID CURVE HAVING A RADIUS OF 40.00 FEET AND A CHORD BEARING AND DISTANCE OF N45012'55 "W 59.29 FEET, THENCE NO2031 '44"E 289.56 FEET TO THE P.O.B. ; CONTAINING 3 .42 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. r EXHIBIT "B" Rzrv06-2291 16 ANIMAL HOSPITAL Gose Up Wow lau+es oa It 1 a ©. . d CFi RA v � 2 It I. ItI � C1 SUBINS JECT PROPERTY 0 R-A C_t � L .RA G eS- 9 - \ cam R a Fa R-A FA \ \ 8 \ RA Overview Legend a000L OKAY 6shkl — R WYAY - 500 YEM _ — 100 YEAR = IIMITOFSTLOY _ _ _ BazMne RaOb D Fayetteville - D aMae CRY Ra+.�229t - � .cac..coacunro�2ma _ 0wm�ae+ampo.eW urnta c 0 75 150 300 950 600 Feet Washington County, AR I certify this instrument .wasfiled on 1272972008 .01 :55: .4.3 PM and ;recorded in Real Estate File (Nurtiber;2008=;0005230 Bette Stamps - lCircuit ' I Iby _ fl s L 02D City of Fayetteville Staff Review Form "r 7 City Council Agenda Items AW r / Contracts 21-Nov-06 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: RZN 06-2291 : Rezoning (HWY 16 Animal Hospital, 567): Submitted by Jorgensen and Associates for property located at 2805 East Huntsville Road. The property is zoned 'RSF- l , Residential Single-Family - I Unit Per Acre, R-A, Residential Agricultural, and C- 1 , Neighborhood Commercial, and contains approximately 3 .42 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 �2, Previous Ordinance or Resolution # n/a O De ent Dire for Date Original Contract Date: n/a Original Contract Number: n/a City At orney Received ' City CI k's Office Finance and Internal Service Director Date s Received in Mayor's Office ENTEJtFA /0/ Mayor Date Comments: City Council Meeting of November 21 , 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: October 26, 2006 Subject: Rezoning for Highway 16 Animal Hospital (RZN 06-2291 ) RECOMMENDATION The Planning Commission recommended approval of the subject rezoning request from R-A. RSF- 1 , and C- I to C- 1 , Neighborhood Commercial, at East Huntsville Road. BACKGROUND The subject property is located at the southeast corner of Huntsville Road (State Highway 16) and Stonebridge Road. The property consists of approximately 3 .42 acres developed for an animal hospital. The property is zoned R-A, RSF-4, and C- 1 , with the majority being R-A. Surrounding properties to the north and west are developed or are in the process of being redeveloped for commercial use. Properties to the west and south are residential and rural in nature. Staff recommends approval of the rezoning finding the proposed zoning consistent with the City's land use planning objectives, principles and policies. Establishment of appropriate commercial property in a primarily residential area will encourage complete, compact and connected development. The increasing residential population south of this property will be benefited by the neighborhood commercial development at this location. A traffic signal is planned at the intersection of Huntsville Road (Hwy 16) and Stonebridge Road. At the time of redevelopment, the Planning Commission may evaluate proposed ingress and egress. Measures shall be taken to ensure that the access will not exacerbate any existing dangerous traffic situation. DISCUSSION On October 23, 2006, the Planning Commission voted 6-0- 1 to forward this request to the City Council with Commissioner Trumbo recusing. Although no members of the public were present at the Planning Commission meeting to address this item, the Planning Commission did encourage the developer to communicate with neighbors regarding future redevelopment of the property. BUDGETIMPACT • None. ORDINANCE NO. AN ORDINANCE APPROVING RZN 06-2291 SUBMITTED BY JORGENSEN AND ASSOCIATES FOR PROPERTY LOCATED AT 2805 EAST HUNTSVILLE ROAD, FOR APPROXIMATELY 3 .42 ACRES, REZONING THE SUBJECT PROPERTY FROM RSF- 1 , RESIDENTIAL SINGLE-FAMILY, ONE UNIT PER ACRE, R-A, RESIDENTIAL AGRICULTURAL, AND C- 1 , NEIGHBORHOOD COMMERCIAL TO C- 1 , NEIGHBORHOOD COMMERCIAL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I : That the zone classification of the following described property is hereby changed as follows: From RSF- 1 , Residential Single-Family, One Unit Per Acre, R-A, Residential Agricultural, and C- 1 , Neighborhood Commercial, to C- 1 , Neighborhood Commercial as shown on Exhibit "A" and Exhibit "B" 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 06-2291 PART OF THE NWI /4 OF THE NWIA OF SECTION 24, TI 6N. R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SECTION 24 THENCE SOUTH 145.67 FEET, THENCE EAST 32.50 FEET TO THE P.O.B., THENCE N76001 '39"E 377.38 FEET, THENCE SI 1024'05 "E 328.71 FEET, THENCE S06030139"W 71 .69 FEET, THENCE N8503110811W 76.87 FEET, THENCE S82049'43 "W 245.59 FEET, THENCE S86052126"W 73.50 FEET, THENCE ALONG A CURVE TO THE RIGHT 66.78 FEET, SAID CURVE HAVING A RADIUS OF 40.00 FEET AND A CHORD BEARING AND DISTANCE OF N45012'55 "W 59.29 FEET, THENCE N0203 1 '44"E 289.56 FEET TO THE P.O.B.; CONTAINING 3 .42 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. Tay � �1�� PC Meeting of October 23 , 2006 i APKANSAS 125W SL THE CITY OF FAYETTEVILLE, ARKANSAS Mountain Fayyetet teevv Mountain AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: October 16, 2006 Updated October 26, 2006 RZN 06-2291 : (HWY 16 ANIMAL HOSPITAL, 567): Submitted by JORGENSEN & ASSOCIATES for property located at 2805 E. HUNTSVILLE RD. The property is zoned RSF- 1 , Residential Single-family - I unit/acre, R-A, Residential Agricultural, and C- 1 , Neighborhood Commercial, and contains approximately 3 .42 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 herein. PLANNING COMMISSION ACTION: Required. _ YES '. Forward (recommendation for. app'roval) -O Denied Motion: Myres Second: Lack Vote: 6-0-1 (Trumbo recused) (Commissioner Clark encouraged communication between developer and neighbors) Date: October 23, 2006 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: November .11 , 2006 (1st reading if recommended) BACKGROUND: Property: The subject property is located at the southeast corner of Huntsville Road (State Highway 16) and Stonebridge Road. The property consists of approximately 3 .42 acres developed for an animal hospital. The property is zoned R-A, RSF-4, and C- 1 , with the majority being R-A. Surrounding properties to the north and west are developed or are in the process of being redeveloped for commercial use. Properties to the west and south are residential and rural in nature. K:IReporis12006PC ReporbV 0-23-06tRZN 06-2291 (Huy l6 Animal Hospi a1).doc Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning from Site North Commercial (to be redeveloped as Shoppes C-2, Thoroughfare Commercial at Stonebridge — an approved LSD) South Agricultural/Rural Residential R-A, Residential Agricultural East Commercial C- 1 , Neighborhood Commercial West Agricultural/Rural Residential R-A, Residential Agricultural Request: The applicant applied to have the 3 .42-acre subject property rezoned from R-A, RSF- 1 , and C- 1 to C-1 . Public Comment: Staff has not received any public comment regarding this rezoning request. When the property at the northwest corner of the Hwy 16/Stonebridge Road intersection was proposed to be rezoned commercial, several property owners southwest of the intersection did lend support to the proposal indicating that the addition of commercial would be beneficial for property values. Recommendation: Staff recommends approval of the rezoning based on findings stated herein. The proposed zoning would be compatible with adjacent zoning, existing and approved development, and , the future land use plan. INFRASTRUCTURE Streets: The site has access to Huntsville Road and Stonebridge Road. Huntsville Road is a . two lane state highway and Stonebridge Road is an unimproved two lane roadway. - Improvements to the adjacent streets will be evaluated at the time of development. Water: Public water is located adjacent to the site. There is an 8" waterline along Huntsville Road. Water service will need to be extended to the property and through the development at the time of development. Sewer: Sanitary sewer is available on the site. There is a 6" sewer main at the south.side.of - • : ., , :. the property. Sewer service will need to be extended to the property at the time of development. Improvements to the sewer system may be required dependent upon the demand placed by the development. The capacity of the existing main will need to be studied at the time of development. Drainage: Standard improvements and requirements for drainage will be required for the development. K:IReporaL1 006PC Repormll0-13-06WZN 06-1291 (1hq 16 Animal Aospital).doc Fire: These 3.46 acres are covered by Engine 5 at 833 N Crossover. It is 1 .6 miles from the station with an anticipated response time of 3 .75 minutes. After the new Station 3 is built at Happy Hollow and E Huntsville, the response time will be reduced to 2.75 minutes. The Fire Department does not anticipate calls for service on properties being zoned C- 1 Neighborhood Commercial, although typically this type of zoning will not affect our call volume or response times. Measured Hydrant Flow in this area is recorded at 1515 gallons/minute. Police: It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population density or create an undesirable increase in the load on police services. It will not create an appreciable increase in traffic danger and congestion in the area. LAND USE PLAN: The City Plan 2025 Interim Future Land Use Plan designates this site as Neighborhood Commercial. Rezoning this property to C- I is consistent with that plan. FINDINGS OF THE 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 zoning is consistent with the City's land use planning objectives, , principles and policies. Establishment of appropriate commercial property in . - . primarily: residential area will encourage complete, compact and connected: development. The proposal represents an increase in the amount of commercial property on Hwy 16 at the intersection of this Principal Arterial street and Stonebridge Road. Both of these intersecting streets carry significant volumes of traffic. The anticipated traffic from the development south of Hwy 16 has prompted the city to establish an assessment area for a traffic signal at this location. The need for commercial enterprise at this intersection was recognized by the, city with the adoption of the Interim Future Land Use Plan with . the designation of a commercial node. The applicant's rezoning request; if approved, will enlarge the existing commercial property and lead to the establishment of the commercial node to serve development neighborhoods to the south. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds the proposed zoning is justified and needed. This node of commercial property serves residential development south of Hwy 16, east of Stonebridge Road and properties between Hwy 16 and Hwy 45 (Mission Blvd). K.- Reporu120061PCReporeslf0-23-061R2N06-2291 (Hiryl6 Animal Hospilalli.doc Neighborhood Commercial compliments the •residential development in the area and yet will not allow many uses permitted in other zoning districts that are typically found as nuisances by residential property owners. 3 . A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: This site is currently developed and utilized for a commercial enterprise. However, an animal hospital generates fewer trips per day than most uses allowed within the C-1 zoning district. At the time of redevelopment, the Planning Commission may evaluate proposed ingress and egress. Measures shall be taken to ensure that the access will not exacerbate any existing dangerous traffic situation. Multiple curb cuts onto Highway 16 will be discouraged. Redevelopment on this property should be done in a way which will improve the current access to the property and sight distance around the existing streets. Furthermore, the future installation of a traffic signal at the adjacent intersection will promote traffic safety in and around this property. 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 increase population density. from that zoning currently in place. This change in zoning would not substantially. increase the possible number of residents in this area creating adverse impacts .to public services. Increased load on public services were taken into consideration and recommendations from Engineering, Fire, and Police Departments are included in this report. The recommendation from these departments is that the proposed rezoning would not undesirably increase the load on public services. 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.WeporisI2006PC Report U0-23-061)MN 06-2291 (Huy 16 Animal Hospila0.doc