HomeMy WebLinkAboutOrdinance 4957 • •� ' `. � •IIIIIIIIIIIII IIIIIIIIIIIII IIIIIIIII IIIIIIIIIIIIIIIIIIII VIII VIII IIIIIIIIIIIII I
Doc ID : 010705130005 T%De : REL
f Recorded : 12/29/2006 at 01 : 58 : 59 PM
Fee Amt : $20 . 00 Paoe 1 of 5 j
Hashlnaton Count% . AR ;
+ Bette Stems Circ Clerk
F11e2006-00052307
ORDINANCE NO. 4957
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 06-2320, FOR APPROXIMATELY 0.75
ACRES, LOCATED AT 904 15TH STREET FROM RMF-24,
RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE TO C-25
THOROUGHFARE COMMERCIAL WITH THE ASSOCIATED BILL
OF ASSURANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
I
Section 1 : That the zone classification of the following described property is hereby
changed as follows:
From RMF-24, Residential Multi-Family, 24 units per acre to C-2,
Thoroughfare Commercial, as shown on Exhibits "A" and `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.
r
Section 3 : That this rezoning approval is subject ,to the Bill of Assurance offered by the
Applicant as shown on Exhibit "C".
RK/TR�''n��
PASSED and APPROVED this 5t^ day of December, 2006a�;•'p�j Y 0
APPROVED: ATTEST: Z. ; FAYETiEVILLE ;
col
SP
/Jlli�dlll�jjGTON 00
n' kA NJam``,
DAN COODY, Mayor SONDRA SMITH, City Clerk
1
EXHIBIT "A" s
RZN 06-2320 • _ { ,
A PART OF THE SWIA OF THE NW1/4, OF SECTION 21 , TOWNSHIP 16 NORTH, RANGE 30
WEST, DESCRIBED AS BEGINNING AT A POINT WEST 309.00 FEET AND NORTH 30.00 FEET
FROM THE SOUTHEAST CORNER OF T14E SAID FORTY (40) ACRE TRACT; THENCE ALONG
THE NORTH RIGHT-OF-WAY OF ARKANSAS HIGHWAY 16 BY-PASS WEST 136.50 FEET;
THENCE NORTH 00012'44"EAST 188.00 FEET; THENCE EAST 214.37 FEET; THENCE SOUTH
00010' 16"WEST 88.00 FEET; THENCE WEST 78.00 FEET; THENCE SOUTH 00010' 16"WEST 100.
00 FEET TO THE POINT OF BEGINNING, FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS.
EXHIBIT OWN
Rzrv06-2320
GARNER
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9 ' • EXHIBIT ..C..
.. Page 7 of 2
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification,
the owner, developer, or uyer-of this property, (hereinafter "Petitioner')
�j NOT 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 Bill of Assurance in the Chancery/
Circuit Court of Washington County and agrees that if Petitioner or Petitioners
heirs, assigns, or successors violate any tern 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
Petitioners property shall be restricted as follows IF Petitioner's rezoning is. .
approved by the Fayetteville City Council.
1. The use ofPetitioner's property shall be Imi iced to
1460
2. Other restrictions including number and type of structures upon the
property are limited to
3. �S�percific activities will not be allowed upon petitioners property
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include 11
ITW t h 'fI - A� a
4. (Any other terms or conditions)
------ --
L _ EXHIBIT "C"
.Page 2 of 2
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
Petitioner's rezoning is effective and shall be noted on any Final Plat or Large
Scale Development which includes some or all of Petitioners property.
IN WITNESS WHEREOF and in eemnent�with all the terms and
conditions stated above, I �1I tC 4� as the'
owner, developer-or buyer (Petitioner) voluntarily offer all such assurances and
sign my name below. n
D�aty� Printed Name
c rib U. t Icti bn
AdSiress
, Q�1, 1�,
Signature
3
NOTARY OATH
STATE OF ARKANSAS } :,
COUNTY OF WASHINGTON ]
And now on this the _ day ofj,Pim� 200_, appeared
before me, Mn\� s~ra,)C� 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
Y Commission EQxpnir�es:
�1 OFFICIAL SEAL
CRYSTAL "AR71N
BENTON COUNTY
NOTARY PUBLIC - ARKANSAS
MY COMMISSION EXPIRES JULY 27v 2016
Washington County, AR —
I certify this instrument was filed on
12/29/2008 01 :58:59 PM
and recorded in Real Estate
File Number 2006-00052307
Bette Stamps - Circuit Ie
1{ by
Arkansas Democrat $axette
*1 _ - 0 -. e
Northwest Arkansas Times
Benton County . Daily Record
P . O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE : 479-571 -6415 RECEIVE®
DEC 18 2006
AFFIDAVIT OF PUBLICATION CffV0FFAYF;T 1EV"-E
c" OP4
I , Karen Caler, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication , the advertisement of:
ORDINANCE 4957
Was inserted in the Regular Editions:
December 15, 2006
Publication Charge: $89 . 68
- ORDINANCE NO: 49e7 1
AN ORDINANCE REZONING TONT PROPERTYTayVeDESCRIBED IN flEZONING PETITION RZN 06-FORAPPRO%IM4TELY 0.75 ACRES, LOCATED AT
Subscribed and sworn to before me 904 15 H S BEET FROM flMF-24, RESIDENTIALMULTI-FAMILY, 24 UNITS PEO ACRE TO C-2.THOR- S 1
OUGHFARE COMMERCIAL WITH THE ASSOCIAT- r
Thisl J'DJ day of etft� , 006. ED BILL OF ASSURANCE.
BE IT ORDAINED BY THE Cm COUNCIL OF THE CITY OF FArETT6YfLLEs
ARKANSASS
III11'N,/�\A'!`-I'x/1�I1^/ kL ` Section 1: Thst Me zona clessRicetlon of the fdWNng Flescrbed property a neraby changed as 1�- .
Notary Public lows.
Fran RMl Residential MulnFemily, 24 units per ace to G2, Thoroughfare Commercial, as
shown on Exhibits 'A' and 'B" attached hereto and made a part horeol. '
Section 2: That the official zoning map of the City of Fayel lle. ABensas is hereby emended tl)
milwt the zoning change provided In Section 1 above.
Section 3: That this rezoning approval Is subject to the Bill M Assurance offered by the Applicant
My Commission Expires: axAm en Exhibit D .
PASSED end APPROVED this 5th day of December. 2006 1
1
APPROVED: ATTEST 1
Sharlene D. Williams By, By: i
DAN COODr, MSYW SONORA SMITH, CRF Clerk
Notary Public .
TRAO
State of Arkansas I ZN 0120
M Commission Expires 0
Y P APART OF THE SWi/40F THE NW7/4, OF SECTION 2I,TOVMSHIP I6 NORTH, RANGE 30 WESt.
October 18, 2014 DESCRIBED AS BEGINNING AT A POINT WEST 309.00 FEET AND NORTH 30.00 FEET FROM T
SOUTHEAST CORNER OF THE SAID FORTY (40) ACRE TRACT; THENCE ALONG THEL NOR
RIGHT-OFWAY OF ARKANSAS HIGHWAY 18 BY-PASS WEST 136.50 FEET: THENCE'NORTH
00'12'44'EAST 188.00 FEET; THENCE EAST 214.37 FEET, THENCE SOUTH Goo 10'16'WEST 88 OD
FEET; THENCE WEST 78.00 FEET; THENCE SOUTH 0001016-WEST 100.00 FEET TO THE POINT OF
BEGINNING, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS.
Exhibit %B' Is a map and may be vlewed In the city clerks office during normal business hours. I
Exhibit 'C', 0111 b Assurance may be viewed In the city clerk's office during normal business hours. ��
U 2D
City of Fayetteville / Z r 5 /OZ
Staff Review Form Li 17`5 7
City Council Agenda Items T /
or
Contracts C`
5-Dec-06
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
RZN 06-2320: (Gamer, 561 ): Submitted by John Walters for property located at 904 15th Street. The property is zoned RMF-
24, Residential Multi-Family, 24 units per acre and contains approximately 0.75 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 nla n/a
i
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
Depa ent lbireffior Date Original Contract Date: n/a
Original Contract Number: n/a
Ci
Received in City Clerk's O
/�, ffi
Finance and Internal Service Director Date
Received in Mayor's Office EMT ED
1 /ill b
G,L
Mayor Date
Comments:
City Council Ang of December 5, 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: November 16, 2006
Subject: Rezoning for Garner (RZN 06-2320)
RECOMMENDATION
The Planning Commission recommended approval of the subject rezoning the 0.75-acre
property, from RMF-24 to C-2 with the associated Bill of Assurance provided by the
applicant.
BACKGROUND
The 0.75-acre property is located on the north side of 150' Street in south Fayetteville,
less than % mile east of Razorback Road. The property contains a church .building and is
zoned RMF-24. Surrounding properties are residential.
The request is to rezone the subject property from RMF-24, Residential Multi-Family 24
Units/Acre to C-2, Thoroughfare Commercial, in order to allow the various uses
requested. The request is subject to a Bill of Assurance offered by the applicant,
however, that limits the uses on the .property to those associated with the art gallery,
studio, cafe and art supply retail sales.
DISCUSSION
This item was heard at the regular Planning Commission on November 113, 2006. .The .
Planning Commission voted 8-0-0 to recommend approval of this rezoning request with
the associated Bill of Assurance to the City Council.
BUDGETIMPACT
None.
r
ORDINANCE NO.
AN ORDINANCE REZONING THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 06-2320, FOR
APPROXIMATELY 0.75 ACRES, LOCATED AT
904 15, STREET FROM RMF-24,
RESIDENTIAL MULTI-FAMILY, 24 UNITS PER
ACRE TO C-23 THOROUGHFARE
COMMERCIAL WITH THE ASSOCIATED BILL
OF ASSURANCE.
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 RMF-24, Residential Multi-Family, 24 units
per acre to C-2, Thoroughfare Commercial, as
shown on Exhibits "A" and `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.
Section' 3 : That this rezoning approval is subject to the Bill of Assurance offered by the
Applicant as shown on Exhibit "C".
PASSED and APPROVED this—day of _ 2006.
APPROVED: ATTEST:
By: By:
DAN GOODY, Mayor SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 06-2320
A PART OF THE SWI /4 OF THE NW 1/4, OF SECTION 21 , TOWNSHIP 16 NORTH, RANGE 30
WEST, DESCRIBED AS BEGINNING AT A POINT WEST 309.00 FEET AND NORTH 30.00 FEET
FROM THE SOUTHEAST CORNER OF THE SAID FORTY (40) ACRE TRACT; THENCE ALONG
THE NORTH RIGHT-OF-WAY OF ARKANSAS HIGHWAY 16 BY-PASS WEST 136.50 FEET;
THENCE NORTH 00012144"EAST 188.00 FEET; THENCE EAST 214.37 FEET; THENCE SOUTH
00° 10' 16"WEST 88.00 FEET; THENCE WEST 78.00 FEET; THENCE SOUTH 00° 10' 16"WEST 100.
00 FEET TO THE POINT OF BEGINNING, FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS.
7a ! PC Meeting of November 13 , 2006
ARKANSAS
THE CI 'PPPI'Y OF FAYETTEVILLE , ARKANSAS
125 W. Mountain SL
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Gamer, Senior Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: I1� Undated November 14. 2006
RZN 06-2320: (GARNER, 561): Submitted by JOHN WALTERS for property located at 904 15th
Street. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY 24 UNITS/ACRE and
contains approximately 0.75 acres. The request is to rezone the subject property to C-2,
Thoroughfare Commercial.
Property Owner: Denise and Hershey Garner
Planner: Andrew Garner
RECOMMENDATION:
Staff recommends approval of RZN 06-2320 with the associated Bill of Assurance offered by
the applicant for the subject property.
PLANNING COMMISSION ACTION = Required ° YESx " ' yt
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Vill
Date: November 132606 x X Appioved ❑ Demeiir i ' `'
�'a Y { r w k` •L} S d �n a.
roved ❑ Denied � ' rt
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llate Ypecember 5 2006 T1 readm>? ll recommcnded)
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Comments:
K:IReports1200611'C Reportsl l l-13-069aN 06-2320 (Garner).doc
BACKGROUND:
Property Description: The property under review consists of 0.75 acres on the north side of 15'h
Street in south Fayetteville, less than %2 mile east of Razorback Road. The property contains a
church building and is zoned RMF-24. As depicted on Table 1, the property is surrounded by
residential property.
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
North Mobile home park RMF-24
South Multi-family RMF-24
East Single family residential RMF-24
West Multi-family residential RMF-24
Proposal: The applicant proposes a rezoning of the subject property to C-2, Thoroughfare
Commercial, to allow for the remodeling of the existing church building for use as an art gallery,
cafe/coffee shop, auditorium, art studio and art supply retail.
Request. The request is to rezone the subject property from RMF-24, Residential Multi-Family 24
Units/Acre to C-2, Thoroughfare Commercial, in order to allow the various uses requested. The
request is subject to a Bill of Assurance offered by the applicant, however, that limits the uses on the
property to those associated with the art gallery, studio, cafe.and art supply retail sales.
Public Comment. Staff has received a few phone calls.from adjacent property owners inquiring
about the rezoning. One property owner did not object to the rezoning, and another one objected
stating that only residential uses should be allowed on the property.
INFRASTRUCTURE:
Streets: Currently the site has access, to 15a' Street. 15'h Street is a four lane state highway.
Improvements to the adjacent streets will be evaluated in rough proportionality to
development on the property.
Water: Public water is located adjacent to the site. There is an 8" waterline along the
south side of 15a' Street. Water service will need to be extended to the property
and through the property at the time of development.
Sewer: Sanitary sewer is available adjacent to the site. There is a 6" sewer main along the
south side of 15`x' Street. Sewer service will need to be extended 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
K.-Wepora120061PC Reporal l l-13-06WZN 06-2320 (Garna).dr
y .
development.
Fire: The subject property is located 1.5 miles from Fire Station # 6 at 900 S. Hollywood.
Fire response time is approximately 3.5 minutes.
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 City Plan 2025 along with the Interim Future Land Use Plan Map and
Sector map were adopted by the City Council on July 17, 2006. The Interim Future Land Use Map
designates this site for Residential Use. This entire area of l5" Street is identified on the Sector Map
as an Infill Growth Sector. The Guiding Policies in the City Plan 2025 classify Infill Growth Sector
as falling under the policies for Mixed Uses. Mixed Use areas are defined as areas where residential,
commercial, agricultural, and some industrial uses may be appropriate. Rezoning this property to C-
2 could allow some potentially objectionable uses in an area that is almost exclusively residential.
Rezoning the property to C-2 with the assurances offered by the applicant, however, utilizes the
property in a manner that is consistent with the land use plan and long-range planning objectives for
this area of the City, and provides a level of acceptable compatibility within a residential area.
FINDINGS OF THE STAFF
1. A determination of the degree to which. the proposed zoning is consistent with land use ,. .
planning objectives, principles, andpolicies and with land use and zoning plans.
Finding: The property is identified for residential use on the Interim Future Land Use
Plan, and is an Infill Growth Sector. The Infill Growth Sector overlay falls
under the Future Land Use Guiding Policies for Mixed Use Area (City Plan
2025, Section 12.1.3). The Guiding Policies for Mixed Use Areas discusses that
mixed uses should be integrated where appropriate. The proposed rezoning to
C-2 in an area that is principally residential is generally not consistent with
future land use planning objectives, principles, and policies for Residential
Areas and Infill Growth Sectors. The property is entirely surrounded by '
residential use in the RMF-24 zoning district. A C-2 zoning in the midst of
• RMF-24 zoning and residential development would allow a variety of uses that
could be incompatible• with, and potentially objectionable to, the established
residential uses in the area. A straight rezoning as proposed. without a bill of
assurance or other committed uses appropriate to and compatible with
residential neighborhood uses could result in uses allowed in the C-2 zoning
district that are not appropriate in this residential area.
Staff finds the proposed renovation of the existing church for use as an art
gallery as proposed by the applicant to bean appropriate and compatible use at
K. 1Reporu120061PC Reports) II-13-06LRZ.N 06-2320 (Garner).doc
I. a.
this location; a straight rezoning of the property to C-2 is not recommended.
Staff has discussed these concerns with the applicant, who subsequently has
offered a limiting bill of assurance that ties the future use of the property to an
art gallery, auditorium/stage for drama/music, art studio for
workshops/teaching, art supply sales, cafe and complementary retail sales (arts,
crafts, books, unique gifts). This option of rezoning is much preferred in this
particular case, in that it ensures a level of compatibility with the neighborhood.
The uses listed are low impact, low intensity types of use, and should not create
a high noise, refuse, light, traffic or other detrimental impact on surrounding•
properties.
2. - A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding:
The.proposed zoning to C-2 for the uses proposed is justified. The applicant's
•
stated intent is to rezone the property to allow for an art gallery and other
•
associated uses. These uses, while generally low in intensity, are located within
several use units found only within the C-2 zoning district as uses by right.
Subject to the bill of assurance, the C-2 zoning district will provide a means by
which these uses can.be achieved on the property for a beneficial reuse of the
existing church.
3. A determination as to whether the, proposed zoning would create or appreciably increase
traffic
danger and congestion. :.
Finding:
The size of the subject property will limit a great increase in traffic danger.and
congestion, due to the size.of development generated by 0.75 acres. However,..
traffic volumes in this area are fairly high, and increasing. Planning.of any
future development or.re-development on this site must address safe access and
cross access concerns. At the time of development, improvement to this street
and ingress/egress will be evaluated carefully. Additionally, based on the uses
proposed within the property, parking and landscaping requirements will be
evaluated and improvements. required where necessary.
Police — it is the opinion of the Fayetteville Police Department that this rezoning will not
create an appreciable increase in traffic danger and congestion in 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 substantially alter the population density in the
area, based on the C-2 zoning requested. Public service providers have
responded accordingly:
K:Vleports12006V'C ReporisV I-13-061RZN 06-2320(6 artier) .doc
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.
Fire — Response time to the subject property (actual drive time) is approximately 3.5
minutes (approximately I.5miles) from station #6.
Engineering - Public water is adjacent to the site. There is an 8" waterline along 15'h Street
Sanitary
sewer is adjacent to the site.
There is a 6" sewer main along
15th
Street.
The site has access to 15" Street. 15th Street is a state highway (16) which is
a principal arterial in the City's Master Street Plan. The Arkansas Highway
Transportation Department will be widening this roadway this year to a 5 -
lane highway.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations underb (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:
As discussed under Finding No. 1, staff does not find that the uses proposed on
the site as described by the applicant to be inappropriate. These:uses include:
art gallery, auditorium/stage.for drama/plays, art studio for work and teaching,.
eating. place/cafe,. 2nd 'sale, of art.supplies... These uses. when .designed. and.
planned appropriately with the established. residential uses in the area would
meet several of the guiding policies for Mixed Use Areas. Providing assurances
to limit the uses on the site eliminates the potential for incompatible uses neither
desired by the applicant, nor supported by staff. Staff recommends denial of a_
request for a straight C-2 zoning; however, the Bill of Assurance offered
satisfies the concerns of rezoning the area, by providing assurances of the uses
that will be permitted on the property, thereby limiting them to uses that will
not detrimentally impact adjacent properties.
FAYETTEVILLE UNIFIED 161.13 District Rmf-24, Residential Multi -
DEVELOPMENT CODE Family — Twenty -Four Units Per Acre
K:IReports120061PC Reportslll-13-06tRZN 061320 (Garne).doc
(A) Purpose. The RMF-24 Multi -family
Residential District is designed to permit and
encourage the developing of a variety of dwelling
types in suitable environments in a variety of
densities.
(B) Uses.
(I) Permitted uses.
Unit 1
City-wide uses by right
Unit8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
(2) Conditional_ uses:
Unit 2
City-wide uses by conditional use perTnit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 11
Manufactured home par1
Unit 25
Professional offices
• Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Units -per acre • ' 'I 4to 24
(D) Bulk and area regulations.
• '(I) Lot width minimum.'
Manufactured home park. -
100 ft.
Lot within a Manufactured
home park
50 R.
Single-family
60 ft.
Two-family
60 ft.
Three or more
90 ft.
Professional offices
100 ft.
(2) Lot area minimum.
Manufactured home park
3 acres
Lot within a mobile home park
4,200 sq.
ft.
Townhouses:
•Development
•Individual lot -
10,000 sq. it
2,500 sq. ft.
Single-family
6,000 sq.
ft.
Two-family
7,000 sq.
ft.
Three or more
9,000 sq.
ft.
Fraternity or Sorority -
2 acres
Professional offices
1 acres
(3) Land area per dwelling unit. ,
K. 1Reports120061PC Reports 111-13-06IRZN 06-2320 (Garner).doc
Manufactured home
3 000 sq.
ft.
Apartments:
•No bedroom - -
1,700 sq.
f.
•One bedroom
1,700 sq.
ft.
•Two bedroom
2,000 sq.
ft
Fraternity or Sorority
1,000 sq.
ft. per resident
(E) . Setback requirements .
Front'
Side
Rear
25 ft.
88.
25 ft.
HHOD Single
Family Front
HHOD Single
Family Side
HHOD Single
Family Rear
15 ft.
8ft.
15 ft.
HHOD Two Family
Front
.HHODTwo Family
Side
HHOD Two Family
Rear
15 R.
8ft.
15 ft.
HHOD Multi
Family Front
HHOD Multi
Family Side
HHOD Multi.
Family Rear
15ft.
aft.
15 ft.
Cross reference(s)-Variance, Ch. 156.
(F) Height regulations. Any building which
exceeds the height of 20 feet shall be set back'from
any side boundary line an additional distance of
one foot for each foot of height in excess of 20 feet
except for the HHOD ,Within the HHOD the
maximum building lieight-is 60 ft. as measured
from the lowest point of.the structure at the historic
grade, prior to development, to the highest point of
the 'structure, allowing 3 stories on the.uphill side
and 4 stories on the downhill side of the building.
If the building is placed'daa graded pad, then the
height of the building is reduced, allowing.a
maximum of 3 stories as measured from the
historic grade, pre -development.
(G) Building area. None.
t.
(Code.1965, App; A-, L 5(81); Ord. No. 2 Ar320, 4 6-77;.Ord. No.
2700,2-2-81; Code 1991, § 160.033; Ord. No. 4t00,2 (U. A), 6-16-
98; Ord. No. 4178, 8-31-99; Ord. No. 4855, 4-18-06)
FAYETTEVILLE UNIFIED
DEVELOPMENT CODE
161.17 District C-2, 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.
(1) Permitted uses.
• Unit I
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 12
Offices, studios and related services
Unit 13
Eating laces
Unit 14
Hotel, motel, and am sement facilities
Unit 15
Neighborhood shopping oods
Unit 16
Shopping gShoppinQ Q0OdS
Unit 17
Trades and services
Unit 18
Gasoline service stations & drive-in restaurants
Unit 19
Commercial recreation1 small sites
Unit 20
Commercial recreation, large sites
Unit 25
Professional offices
Unit 33
Adult live entertainment club or bar
Unit 34
Liquor store
(2) Conditional uses.
(Code 1965, App. A, Art 5(VI); Ord. No. 1833, 11-1-71; Ord. No.
2351,6-2-77; Ord. No. 2603,2-19-80; Ord. No. 1747,6-29-70; Code
1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2
(Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; (Rd. 4727, 7-19-05; Ord.
4913, 8-15-06)
• N
City-wide uses by conditional use permit
Public protection and utility facilities
Warehousin and wholesale - - - ' CenteYfor:collecting recyclable materials Sexuall +oriented business
Outdoormusib e3tablishments
Wireless communications facilitiesMini-stora eunits"
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front 50 ft.
Side None
.Side, when conti uous to a residential district . 15 R. .. -
Rear .. 20 R.
(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) Building area. On any lot, the area occupied
by all buildings shall not exceed 60% of the total
area of such lot.
K: Reports12006 PC ReportsIll- I3-06tR2N 06-2320 (Garner).doc
•
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification,
• flee owner, dev,gloyer, orbuyer.of this property, (hereinafter"Petitioner")
�
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 Bill 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
Petitioners property shall be restricted as follows IF Petitioner's rezoning is.
approved by the Fayetteville City Council.
Mik
[j .�t . -� u lilt 1 l
/ I� yr.
• •1 • • / *1 11. t1.,
y, /
3. Specific activities willnotbe allowed upon petitioner's
include
a
(n •*—
4. (Any other terms or conditions)
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
Petitioner's 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 WHEREOF and inRp
eeement with all the terms and
conditions stated above, I, Ifl)". t t I , as the
owner, developer•or buyer (Petitioner) voluntarily offer all such assurances and
sign my name below.
I1 1
STATE OF ARKANSAS
COUNTY OF WASHINGTON
And now on this the
before me,
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 OATH
. \►.rW►WSill ..-.
y Commission Expires:
a o
OFFICIAL SEAL
CRYSTAL MARTIN
BENTON COUNTY
NOTARY PUBLIC - ARKANSAS
MY COMMISSION EXPIRES JULY 27, 2016
Building Use Proposal
RE: Sanctuary Gallery & Gifts
SANCTUARY: Area of old church to be used for art gallery to show and sell original,
unique,.antique and/or band -made objects D'art.
This area would also be used as a reception area for art exhibits. _ This area is 2,000
square feet in size and includes a 300 square foot stage area to accommodate regional
theater, dance and/or musical groups. Seating for these events would be 40.
700 square foot area at North East end of building to be used as studio space for contract
artists/instructors for workshops and classes. Retail space for sale of art supplies, non-
aiceholic beverages and snacks.
E1 WIA)YEES: To include on full time manager @ossible five in -one bedroom) and
two or more part time depending on event schedules.
HOURS FOR GALLERY: Tues. — Sat. loam-5pm Sun. 2-5pm
Workshop and Stage as needed.
Peak Hours 10am-12noon, 2pm-4pm
PARKING: 30 spaces
Regarding application for rezoning:
6a.. The property is owned by Hershey and Denise Garner. No sale is purposed or
pending.
b. The owners want to use the existing church building as an art gallery, art classes,
small theater, and serve refreshments.
c. This use of the property should generate no more traffic than multi -family dwellings
surrounding this property. The appearance of the old existing building would be
improved.. Signage for the property would be consistent with the surrounding
properties.
d. Property is serviced by 8" water line and 6" sewer line..
7a. We feel this use of the property would not be inconsistent with land use planning
objectives, principles and policies and with land use zoning plans as this neighborhood
includes a large food processing plant, motor home park as well as single family .
dwellings, multi -family dwellings and mobile home parks. Use of this property as a
cultural center will be of benefit to the entire community.
Ii , We feel that this zoning is justified and needed in order to utilize the existing
structure and make necessary improvements. (cannot be used as a multi -family
dwelling)
c. This use of the property should generate no more traffic than multi -family
dwellings surrounding this property.
d. This use of the property would not alter population density.
e. It would be impractical to use the land for any of the uses permitted under its
existing zoning classification because we wish to preserve the existing church
building which is not useable as a multi -family dwelling..
From: Andrew Gamer
To: h.garner@sbcglobal.net
Date: 10/27/06 10:50AM
Subject: Rezoning on 15th Street
Mr. Gamer,
Jeremy Pate asked me to send you some information based on your meeting this morning with Mayor
Coody.
It sounds like the basic uses you propose include:
1. Art gallery
2. Auditorium/stage for drama/plays
3. Art studio for work and teaching
4. Eating place/cafe
5. Sale of art supplies
These uses fall under the Fayetteville Unified Development Code as Use Units 4, 12, 13, 25 (see
attached). With that understanding here are a couple of options:
A. You could rezone the property to R -O (Residential Office) which would allow Use Units 12, and 25 as a
permitted use, and Use Units 4 and 13 as conditional uses (see attached).
B. You could rezone the property to C-1 (Neighborhood Commercial) which would allow 12, 13,.and 15 as
a permitted use, and Use Unit 4 as a conditional use (see attached).
As I believe Mr. Pate mentioned to
you, if you proposed C-1
zoning we would
anticipate a Bill
of
Assurance being signed to limit the
uses to those described.
An example Bill
of Assurance is
attached.
Please let us know if we can be of further assistance or if you have other questions.
Thanks,
Andrew
Andrew M. Garner
Senior Planner
City of Fayetteville
125 West Mountain Street
Fayetteville, Arkansas 72701
Tel.479.575.8262
Fax.479.575.8202
agamer@ci.fayetteville.ar.us
www.accessfayetteville.org
CC: jocee@blackburnIarmscorn- Pate, Jeremy
Fayetteville Fire
Department
To: Suzanne Morgan, Andrew Garner, Jeremy Pate, and
Jesse Fulcher Thru: Chief Tony Johnson !on' Asst Chief Bud Thom
From: Captain Dale Riggins
Date: November 6, 2006
Re: -November 8, 2006 Zoning Review -
Fire Department Comments
RZN06-2320(Garner)
These 0.73 acres are covered by Engine 6 located at 900 S Hollywood.
It is 1.5 miles from the station with an expected response time of 3.5
minutes..
The Fire Department does not figure calls for service on properties that are
requesting to be zoned C-2, Commercial Thoroughfare. Typically, this type
of development will not increase our calls for service or our response times.
Measured hydrant flow in this are is 1539 gallons per minute.
Please feel free to contact me if you have any questions concerning the
comments
Captain Dale Riggins
Fayetteville Fire Department
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Date 11/06/06
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
This document is in response to the request for a determination of whether the proposed
rezoning RZN 06-2320: (GARNER, 561): submittedby John G. Walters for property
located at 904 West 15th Street would substantially alter the population density and
thereby undesirably increase the load on public services and create an appreciable
increase in traffic danger and congestion.. The property contains approximately 0.73 acres
The property is zoned RMF-24, Multi Family— 24 units / acre. The request is to rezone
the subject property to C — 2, Thoroughfare Commercial
It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially alter the population density or create and undesirable increase in the load on
police services. It will not create an appreciable increase in traffic danger and congestion
in the area.
Sincerely,
Captain William Brown
Fayetteville Police Department
• RZN06-2320
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Tatra Outside Cny
RNO€-2320
vectorGDB.Footprint_2004
Idllside-i ttop Overlay District
0 75 150 300 450 600
• Feet
From: Clarice Pearman
To: Pate, Jeremy
Date: 12.12.06 3:49 PM
Subject: Ords. 4954-4958
Attachments: 4954 R-PZD 06-2191.pdf; 4955 R-PZD 06-2256.pdf; 4958 VAC 06-2315.pdf; 4957
'RZN 06-2320.pdf; 4956 R-PZD 06-2213.pdf
CC: Audit; GIS
Jeremy:
Attached are the above ordinances passed by City Council, December 5, 2006 as follows:
Ord. 4954 R-PZD 06-2161;
Ord. 4955 R-PZD 06-2256;
Ord. 4956 R-PZD 06-2213;
Ord. 4957 RZN 06-2320 &
Ord. 4958 VAC 06-2315.
Please let me know if anything else is needed.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
lcpearman@ci.fayetteville,ar.us