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HomeMy WebLinkAboutOrdinance 5048.'t BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS Ord 5CY4 Doc ID: 018653740002 Type: REL Kind: PROTECTIVE COVENANT Recorded: 06/24/2019 at 03:09:15 PM Fee Amt: $20.00 Page i of 2 Washington County, AR Kyle Sylvester Circuit Clerk File2019-00018260 In order to attempt to obtain approval of a request for a zoning reclasslrlcatlon, the owner, developer, or buxer.of this property, (hereinafter "Petitioner") 91<5 %f<A99A) SfARK , 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 Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's o;�5;p, Az 2ew shall be Iimited to � 44 Eb s�V� 2. Other restrictions including number and type of structures upon the property are limited to " l� of IV e— M n i -r -z- r—U C INV''`' 3. Specific activities will not be allowed upon petitioner's property 4. (Any other terms or conditions) 0Yd 5JAi 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 in agreement with C111 the to sand conditions stated above, I, �'i�l�� �') 4�2i=, 3 �AAI<L as the owner, developer•or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. -Z Date Printed Name .52 ©z I�CaUGG1 �l� i� Ad �7,: Al Signature NOTARY OATH STATE OF ARKANSAS COUNTY OF WASHINGTON And now on this the9"V1, dray of 200 �� appeared before me,k Cis t 14 `( t h -�%-Vy- S 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 PUBLI My Commi sion Expires: z -T' U1 -TNE-Y ;�► 40 c�N co., P Washington County, AR I certify this instrument was filed on 06/24/2019 03:09:15 PM and recorded in Real Estate File Number 2019-00018260 Kyle SylvesterCircuit Clerk by It w Doc ID : 011503050003 Tvoe : REL Recorded : 08/27/2007 at 11 : 09 : 58 AM Fee Amt : 825 . 00 Page 1 of 3 Washington Countv . AR Bette Stamos Circuit Clerk File 0032798 ORDINANCE NO. 5048 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 07-26375 FOR APPROXIMATELY 0.64 ACRES, LOCATED AT 504 EAST 15TH STREET 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 Exhibits "A" and "B" attached hereto and made a part hereof. Section 2: That the rezoning of the subject property is subject to the Bill of Assurance offered by the applicant as shown in Exhibit "C" attached hereto and made a part hereof. Section 3 : That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section 1 above. 00�RKiTR `•� � ° • . . . •E9s PASSED and APPROVED this 711, day of August, 2007. \IY 0 •Gp - U • APPROVED: ATTEST: c eFAYETTEVILLE ; . ys.9AKANSP�Jam:, "'Jill 111i By: Gn DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer ® CAI : z : r t ' r �'jl C. y i r F 5 l x 4 j 1 r Z zi k IT a t t t 1 r t l x�ft'fyS` ;• ' ya.3�a+,�' u ` '4c s �r' # - . 1RcE''sy'�s' scx ' Tr Ell -8t Z, o 1 � 41 EXHIBIT "B" RZN 07-2637 A PART OF THE SOUTHEAST QUARTER (SE 1 /4) OF THE NORTHWEST QUARTER (NW 1 /4) OF SECTION TWENTY-TWO (22) IN TOWNSHIP SIXTEEN ( 16) NORTH, RANGE (30) WEST, DESCRIBED AS BEGINNING AT A POINT EAST 20.0 FEET AND NORTH 00 DEGREES 10 MINUTES 20 SECONDS EAST 40.0 FEET OF THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT; THENCE NORTH 00 DEGREES 10 MINUTES 20 SECONDS EAST 154.00 FEET, THENCE EAST 180.00 FEET, THENCE SOUTH 00 DEGREES 10 MINUTES 20 SECONDS WEST 154.00 FEET, THENCE WEST 180.00 FEET, TO THE POINT OF BEGINNING, CONTAINING 0.636 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. Washington County, AR I certify this instrument was filed on f 08/27/2007 11 :09:58 AM and recorded in Real Estate File Number 2007-00032798 Bette Stamps - Circuit C r by i J 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 bler.of this property, (hereinafter "Petitioner") 1Q1Mhal) :5t?PY AK5 %f1141�zt� SiA;yg , 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 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 2. Other restrictions including number and type of structures upon the property are limited to .:V / ltd IL M fl 3. Specific activities will not be allowed upon petitioner's property in�cl7u�d�e, ��j�r��"� Sr�'�`�1U�S ��i�U�?�,��� fy'►` �j��'VG - " _ 4. (Any other terms or conditions) F U 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 in a a$$,,reement with 11 the to and conditions stated above, L J)iilf/a�D �L) R£x3 5 l/VAR14S as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. Date Adc res 1 jj / k STATE OF ARKANSAS COUNTY OF WASHINGTON on this the NOTARY OATH av of Cf\ k 1U 200 D� appeared before me,\M \CJJtLI /KS ((f. K((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 Commi{ ion Ex ices: �U2�o . 1. H TNEH VU 4Van No. Cv�� - Arkansas Democrat IFOgizene ink Lai at I;11W*4111 61 ,- Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571 -6415 AFFIDAVIT OF PUBLICATION I , Kate MacNaughton , do solemnly swear that I am the 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 City of Fayetteville: Ordinance No. 5048 Was inserted in the Regular Editions on: August 18 , 2007 Publication Charge: $84 . 40 Subscribed an sworn to before me Thi ay of /1vg (n4 , 2007. Notary Publ 7aniostkaeon Notary Pi iq State of A&mm Waabiagton Cii My Commission Expires: ` � f I I L` MYCommissioafxpims11ASA4 **NOTE,* Please do not pay from Affidavit. Invoice will be sent. RECEIVED AUG 2 2 2007 CITY OF FAYETTEVILLE CITY CLERKS OFFICE ctD�±a� arirt�L tcrsszaI�Al� s'.rf� aitd�Aps��"at2 ±Q'ram� rxrfi3ni�9>:nW' , &FSC^tf migrii roiazimnu� v`�; �. " - .' i � s '7 � . , � r r ,- r i . Saturday, August 18, 2007 ( ri ORDINANCE NO. 5048 L AESCRIB DINR REZONING THAT PROPERTY ayereflile DESCRIBEDINREZONING PETITION RZN LOCATED AT FOR APPROXIMATELY 0.64 ACRES, LOCATED AT 504 EAST 15TH STREET FROM R-0, RESIDENTIAL' OFFICE TO C•1, NEIGHBORHOOD COMMERCIAL. ARKANSAS BE IT ORDAINED BY THE CITY COUNCIL r ;. OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the zone classification of the following described property is hereby changed as fol- Iows: From R-O, Residential Office to C-1, Neighborhood Commercial, as shown on Exhibits "A" and "B" 1, 4 attached hereto and made a part hereof. - Y . • Section That the rezoning Exhigofihesubjectproperty is mallet to the Bill of Assurance offered by the applicant as shown In Exhibit "C attached herald and made a part hereof. $ec8orT3: 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 7th day of August, 2007. APPROVED: z ATTEST: By. By. DAN GOODY, Mayor SONBRA E. Still City Cladr/M1aasarer .Exhibit A is a map and may beviewedIn the office of the City ctertoireasurer during normal business hours. 1 EXHIBIT "B" - RZN 07-2637 1 A PART OF THE SOUTHEAST QUARTER ISE 1/4) OF THE NORTHWEST QUARTER (NW 1J4) OF gggl 'SECTION TWENTY-TWO(22) IN TOWNSHIP SIXTEEN (16) NORTH. RANGE (30)WEST, DESCRIBED 3 - ASBEGINNING ATAPOINT EAST 20.0 FEETAND NORTH00DEGREES 10 MINUTES 20 SECONDS {I EAST 40.0 FEET OF THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, THENCE NORTH 00 DEGREES 10 MINUTES 20 SECONDS EAST 15400 FEET, THENCE EAST 180.00 FEET, THENCE W SOUTH DEGREES 10 MINUTES 20 SECONDS WEST 154.00 FEET, THENCE WEST 180.00 FEET. A TO THE POINT OF BEGINNING, CONTAINING 0.636 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. RECEIVED AUG 2 2 2007 CITY OF FAYE17EVILLE CITY CLERK'S OFFICE P7 POPS OLD TIME BAR-B-QUE 56 q �? WILLARD AND KAREN STARKS OWNERS IfzW O7 4a637/ 504 E. 15TH STREET Sim K s FAYETTEVILLE, AR 72701 FAYETTEVILLE CITY CLERKS OFFICE, JULY91692007 THIS NOTICE IS TO INFORM YOUR OFFICE OF OUR INTENTION TO 1 APPEAL RZN 07-2637 . THIS REQUEST WAS DENIED AT THE PLANNING COMMISSIONS MEETING OF JULY 9, 2007. FROM THE CONVERSATIONS I'VE HAD WITH THE STAFF, PLANNING COMMISSION MEMBERS AND THE CITY ATTORNEY. IF I HAD GIVEN ASSURANCES THAT THE PROPERTY WOULD NEVER BE USED FOR PURPOSES DETRIMENTAL TO A RESIDENTIAL , NEIGHBORHOOD , THESE NEGATIVE VOTES COULD HAVE BEEN AVOIDED.. WE WILL COMPLETE THE DOCUMENT REQUIRED AND HOPE THAT WILL AID OUR REQUEST. r T ��yKC�Y U LI L D KAREN STARKS RECEIVED CONTACT INFORMATION 5009 BOULDER LANE JUL l 0 2007 FAYETTEVILLE,AR CITY OF FAYETTEVILLL CITY CLERK'S OFFICE PHONES POPS OLD TIME BAR BBQ 442-9966 FARMS "N HOMES 582-2828 WILLARDS CELL 445-7014 d w.d Zr vwb �a ps Old Irma (,wazl Apt a &587, ti 7/3//v,e7 -PW VIU, 8117/0r7 ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 07-2637, FOR APPROXIMATELY 0.64 ACRES, LOCATED AT 504 EAST 15T" STREET 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 Exhibits "A" and "B" attached hereto and made a part hereof. Section 2: That the rezoning of the subject property is subject to the Bill of Assurance offered by the applicant as shown in Exhibit "C" attached hereto and made a part hereof. Section 3 : That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section I above. PASSED and APPROVED this day of 12007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer RZN07-2637 STARKS Close Up View 4 � '; R 7 - v 1. S SA.'. 14 �„ Y� q 7r> 9•a4 8 1a 'r . a n R i n '� 71 ! t x u 43 ay y x yx t•, r ry a Pi Y h � �h Nd" L i . i YT 42' e 4 it e "yes ✓u « 5 1 b - r 16 W4 d r41 1 will I .;'; �"I. <1 61 p� SUBJECT PROPERTY ` k, �". n 1 Sx � P J". i X W ... . p y�S qy .'.� r TL,'ti'. N ) "('+i t "F nG L z F' t {V"' 1 1 $�. . P z e Y � J xuy K ^ H yer, 5 �i d�: w J y J 3 - [ .., 4 ri h r ya, -ay s44 R ! rye ';. 7 x4 '� r+r a Z4 ?-iR ,L@` % �~ d It F �a P. 7 } '". tint ,r2 I�v?Sfdj Nil g,� Y, Z , +. . 'h.tY4 T om . rrrr p I 6yX+ + I W W - R, O 4 :c41. ..�, j- y, . 4 a I I. H "Kj �Yt"iY z A ^ Y'Ill +�,t* e 4, 3 6' "sx�¢ +y�i' ` 'i.� ,y $ y y } a r'• 4 �' . ' x aY pTt7j` *1?1 T}`' f t �yv r r ' Oct d '`yyy,' Y- '✓rti} qG r 4 .y 75+ir""i _ z c ab- ' K g k3+ne '�t"_ .i �a .,r` � "s '` r`'re'>+Y+I% ��' ' h^�w• �� "zwP -tF' a Ii F;pi`` y� W{ �if4A � ' ` ' fq '4°- dx i4�Ilitiq�' t �'+ `` k t4 *,� F, v .� s,�+ Ar �4t �` '.�* . �'3 7 r- t e'_�„x'' # r�•'Yl. 1 .''sq' dry i s aR 'r't`�y»sF, M,�,' .iF a ^r e 3 . ( „y If 7u rt�x {w`i. r h x rte` fq r s . �^f " ' tilt » r r S' x � n.� a"I .y o.Z? #' ;'-. pa i1Ria � k"* z. vx r aN ,¢. xn x A c atm 3Sr` ' r{ .• t A h8 ' ` e". . tk" '"� IL ejl kl. 'a b s. f 1 •v'�x ^,rz i y +• f t a� ' :isb '.l .; �'� i v x G..L i+x � ,, t x R "- ., Ak .0 v rf it Il11 OI 4 i , �`�f� Ali ar IA - �. . a. �-.1: Overview o.._... 0 37.5 75 150 225 300 Feet EXHIBIT "B" RZN 07-2637 A PART OF THE SOUTHEAST QUARTER (SE V4) OF THE NORTHWEST QUARTER (NW /) OF SECTION TWENTY-TWO (22) IN TOWNSHIP SIXTEEN ( 16) NORTH , RANGE (30) WEST, DESCRIBED AS BEGINNING AT A POINT EAST 20.0 FEET AND NORTH 00 DEGREES 10 MINUTES 20 SECONDS EAST 40.0 FEET OF THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT; THENCE NORTH 00 DEGREES 10 MINUTES 20 SECONDS EAST 154.00 FEET, THENCE EAST 180.00 FEET, THENCE SOUTH 00 DEGREES 10 MINUTES 20 SECONDS WEST 154.00 FEET, THENCE WEST 180.00 FEET, TO THE POINT OF BEGINNING, CONTAINING 0.636 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. City Council Meeting of August 7, 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations �Q From: Jeremy C. Pate, Director of Current Planning o' Date: July 17, 2007 Subject: Rezoning for Starks (RZN 07-2637) RECOMMENDATION Planning staff recommended and the Planning Commission voted to deny rezoning the subject property from R -O, Residential Office to C-1, Neighborhood Commercial for approximately 0.64 acres located at 504 East 15"Street. The applicant has appealed the Planning Commission's decision to the City Council. The subject property contains one parcel of property containing 0.64 acres. The property is located at 504 East 15`h Street. There is one building on the property and associated parking that is currently being used for Pops Old Time Barbeque restaurant. According to the applicant this structure and the property has been used for a restaurant since its construction in 1968, which is consistent with staff's research and records of the property. The property is bordered by industrial and non-profit uses to the south, and multi -family, undeveloped pasture, and church uses to the north, west, and east, respectively. This item was heard at the regular Planning Commission meeting on July 9, 2007. The Planning Commission voted 5-2-1 to recommend denial of this rezoning request with Commissioners Winston and Anther voting 'No', and Commissioner Trumbo recusing. The main issues discussed included the historic nature of restaurant use at this property and the potential for incompatible uses under the proposed C -I zoning. The request for commercial zoning on this property has been denied on several occasions since the property was developed in the 1960s. BUDGET IMPACT None. a1.1. r• /. .y 'a� A 4 . PC Meeting of July 9, 2007 THE CITY OF FAYETTEVIL,LE, ARKANSAS 125 W. Mountain St. Faycueville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: July 3, 2007 Undated July 17, 2007 RZN 07-2637: REZONING (STARKS, 563):. Submitted by WILLARD AND KAREN STARKS for property located at 504 E. 15TH STREET. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 0.64 acres. The request is to rezone the subject property to C -I, Neighborhood Commercial. Property Owner: Willard and Karen Starks Planner: Andrew Garner RECOMMENDATION: Staff recommends denial of the requested rezoning request from R -O to C -I based on the findings herein. K.1Reportr120071PC Reports 107-09-071R7,v 07-2637 (Storks) doc BACKGROUND: Property description: The subject property contains one parcel of property containing 0.64 acres. The property is located at 504 East 15`IStreet. There is one building on the property and associated parking that is currently being used for Pops Old Time Barbeque restaurant- According to the applicant this structure and the property has been used for a restaurant since its construction in 1968, which is consistent with staffs research and records of the property. SURROUNDING LAND USE AND ZONING: • Direction Land Use Zoning North Multi -family residential RMF-24 South Foundation for Human Development! Hiland Dairy I-1 East First Assembly of God Church RMF-24 West Undeveloped pasture RMF-24 Proposal: The applicant proposes to rezone the 0.64 acre property from R -O to C-1 to bring a historic nonconforming use into compliance. The applicant discussed with staff that they do not want to apply for a conditional use permit for the restaurant, though it is permitted by Conditional Use Permit in the R -O zoning district. The zoning criteria for R -O and C -I are attached to this report. Background: Based on staffs research of hardcopy files, there have been three previous requests to rezone the subject property to C-1 and C-2 in the 1970's that were denied by the Planning Commission. Concerns at that time centered on the fact that the General. Plan did not want to encourage strip commercial uses along 15`h Street, and that the desired uses in this area were mainly residential. The current R -O designation was assigned in 1979 after the denial of an application to rezone the property to C-2. While staff generally supports bringing non -conforming uses into compliance, a rezoning to C-1 has the potential to bring other higher impact uses into the area. Additionally, being an existing nonconforming use that has been in existence for almost 40 years, the use may continue as is, or may become conforming with a conditional use permit. INFRASTRUCTURE: Streets: The site has access to 15th Street. 15th Street is a two lane paved State Highway in this location. Improvements to the adjacent streets will be evaluated at the time of development and subject to approval from AHTD. Water: Public water is located adjacent to the site- There is a 12" water main that runs along 15th Street and along Wood Avenue. Sewer: Sanitary sewer is not available on the site. There is an 8" main located on the property to the north that will need to be extended to the site. Improvements to the K: (Reports t2007lPC Reports (07-09-07(RZW 07-2637 (Stark 'c).doc sewer system may be required dependent upon the demand placed by the development. The capacity of the existing main may need to be studied at the time of development. Fire: These 0.63 acres are covered by Engine I and Ladder 1 located at 303 W Center. It is 1.5 miles from the station with an anticipated response time of 4.25 minutes: Once Station #3 is built the response time will be reduced to 2.45 minutes. The measured hydrant flow recorded in this area is 1510 gallon/minute. We do not figure calls for service for developments rezoning to C-1, Neighborhood Commercial, but typically this type of development does not result in any increase in our calls for service. Police: It is the opinion of the Fayetteville Police Department that this annexation will not substantially alter the population density and thereby undesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in the area. LAND USE PLAN: The Future Land Use Plan adopted as part of the City Plan 2025 designates this site City Neighborhood Area. Rezoning this one specific property to C -I would not encourage complete, compact; and connected communities along this stretch of 15th Street, and could encourage strip -center type development, in contrast to the currently adopted land use plan policies. Rezoning the property to C -I is not consistent with the land use plan, and long-range planning objectives for this area of the City. 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 not consistent with future land use planning objectives, principles, and policies for City Neighborhood Areas. The Future Land Use plan identifies these areas to: "...encourage complete, compact, and connected neighborhoods." "Protect adjoining properties from the potential adverse impacts associated with non-residential uses adjacent to and within residential areas... " Commercial uses as allowed in the proposed C -I zoning district are a vital piece in a complete, compact, connected community. However, rezoning the property to C-1 does not assure the City that this property would be integrated into a compatible development pattern. The City Neighborhood Area also encourages nonresidential uses at corner locations, and this property, is currently mid -block. The proposed C -I zoning does not provide the City the assurance that the development would be compatible with the surrounding 15`I' Street corridor K:IReports 12007V'C Repors107-109-O71R71V 07-2637 (Stark's)_doe with a mix of residential, church, park, and industrial uses. Staff finds that while the potential to support non-residential uses along 15111 Street is evident, allowing a C-1, Neighborhood Commercial zoning district along the north side of 15111 Street adjacent to residences is not consistent with the Future Land Use Plan guiding policies and strategies. As the City Plan 2025 indicates, corner locations should be first considered for non-residential uses. 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 not justified. The applicant's stated intent is to rezone the property to bring the non -conforming use into compliance and to recognize the historic commercial use on the property. While staff does not find that a restaurant in this location is incompatible with surrounding land uses, and the existing restaurant use is an established land use along 15`h Street, staff would recommend a Conditional Use Permit to allow for expansion of the restaurant use if desired. A C-1 zoning allows several intense uses that are more appropriate in corner locations, and may be objectionable to surrounding residential uses. 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 0.64 acres. However, traffic volumes in this area are high, and increasing. Planning of any future commercial development.on this site must address safe access concerns. At the time of development, improvement to this street may be required; and ingress/egress evaluated carefully. 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. Increased load on public services was taken into consideration and recommendations from Engineering, Fire, and Police Departments are included in this report. Significant adverse impacts to public services would not result with the incorporation of standard improvements as part of the development. 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 K:I Reportsi2007IPC Reports107-09-071RZN 07-2637 (Stark'sJ.doc 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 (I) through (4) above why the proposed zoning is not desirable. Finding: N/A K:IReports120071PCReponsl07-09-071RZN 07-2637 (Stark-s).doc FAYETTEVILLE UNIFIED DEVELOPMENT CODE 16116 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 Unit8 SiSingle-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 facilities Unit 4 Cultural and recreational facilities Unit 11 Manufactured home park Unit 13 Eating laces Unit 15 Neighborhood shopping oods 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) (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home park 50 fL 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. ft. 2,500 sq. ft. Single-tamify 6,000sq. ft Two-family 6,500 sq. ft. Three or more 8,000 sq. ft. K: IReporrs12007 PC Reporis107-09-O7tR7A' 07-2637 (Stark's).doc LLrratemitt or Sorority 1 acre II (3) Land area per dwelling unit. Manufactured home 3,000 s - ft. Townhouses & apartments: No bedroom 1.000 sq. fl. One bedroom 1,000 sq. ft. Two or more bedrooms 1,200 sq. ft. Fraternity or Sorority 500 sq. ft per resident (D) Density. Units er 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 It Front, in [he Hillside Overlay District - 15 ft. Side l0 ft. Side, when contiguous to a residential district 15 ft. Side, in the Hillside Overlay District 8 ft Rear, without easement or alley. - 25 fL Rear, from center line of public alley l0 ft. Rear, in the Hillside Overlay District 15 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.; Art. 5(x); Ord. No. 2414,2-7-78; Ord. No. 2603,2-19-80 Ord. No. 2621,4-1-80; Ord. Na 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; Ord. 4943, 11-07-06) 161.16 District C-1, Neighborhood 16-98; Oid. No: 4178, 8-31-99) 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. (13) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 12 Offices, studios and related services Unit 13 Eating laces Unit 15 Neighborhood shopping Unit 18 - Gasoline service stations and drive-in restaurants Unit 25 Professional offices (2) Conditional uses. Unit 2 Citywide 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-1 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., Ad. 5(V); Oid. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.035; Ord. No. 4100, §2 (Ex. A), 6- A': IReporls12007U'C Reportsl07-09-071 R7,N 07-2637 (Stark's).doc Fayetteville Fire Department C To: Andrew Garner, Jeremy Pate, and Jesse Fulcher Thru: Chief Tony. Johnson Assistant Chief Bud Thompson From: Captain Dale Riggins Date: July 5, 2007 Re: Zoning Review - Fire Department Comments RZN 07-2637 (Starks) These 0.63 acres are covered by Engine I and Ladder 1 located at 303 W Center. It is 1.5 miles from the station with an anticipated response time of 4.25 minutes. Once Station #3 is built the response time will be reduced to 2.45 minutes. The measured hydrant flow recorded in this area is 1510 gallon/minute. We do not figure calls for service for developments rezoning to C -I, Neighborhood Commercial, but typically this type of development does not result in any increase in our calls for service. RZN 07-'Z36 (Ozarks ectric) These 44.3 cres are cover by Engine 7 Ioc�t�i at 835 Rupple Rbqd. It is .5 miles fr'bqt the station itJ an anticipated r'&ponse time of 2 mihqtes. e measured by nt flow record&Jin this area is 1 5 gallon/minute. WeNo not figure cal for service for≥1celopments rezo'hu,g to I -1, Heavy Corn cial/Light Indu 'al, but typical his type of develbkment does not increase ihour calls for se e. N N. Please feel free to contact me if you have any questions concerning these comments. Dale Riggins Dale Riggins Fayetteville Fire Department any 0 01 c$ Lg6AM{1-� COYnw\QYI From: William Brown To: Andrew Garner Date: 7/5/0710:01 AM Subject: Re: Rezoning Items Due Tomorrow I have been workin on some high priority things for the Chief. I will send something more formal, but see no issues w 15th Stree , edington, or the College Avenue Townhomes. I will get you a letter 0.7- 263 William Brown Administrative Ca Fayetteville Police Department FBINA 222 (479) 587-3500 - Office (479) 587-3522 - FAX Planning Commission July 09, 2007 Page 15 of 29 RZN 07-2637: (STARKS, 563): Submitted by WILLARD AND KAREN STARKS for property located at 504 E. 15TH STREET. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 0.63 acres. The request is to rezone the subject property to C-1, Neighborhood Commercial. Andrew Garner, Senior Planner, gave the staff report. Garner described the history of the project, along with previous requests to rezone the property in a similar manner to commercial districts, all of which were denied. The structure on the property has historically been utilized for a cafe since the 1960s. While the requested rezoning would bring it into compliance as it pertains to its use, a conditional use permit in the existing R -O zoning would accomplish the same. Additionally, as the structure has been used constantly for a cafe, it is an existing nonconforming use that may continue as it is as long as the use does not cease. Staff finds that in this particular location, the commercial zoning could introduce potential objectionable uses that are not compatible to properties on the north side of 15`h Street. Commercial uses are more appropriate, in general, at corner locations, and this is mid -block. Based on the findings within the staff report, staff recommends denial of the rezoning request, and recommends the applicant apply for a conditional use permit if he wants to bring the use into compliance. Commissioner Trumbo stated he must recuse from this item, and left the chambers. No public comment was received. Willard Starks (applicant), owner of the property, stated this has been a restaurant for 39 years. It just about constitutes a landmark. He stated he does not agree with staffs recommendation, and the staff report was drawn from old information. Mr. Starks passed out an old zoning map copy from 1984. He stated the uses along 15`h Street have changed a lot since then. This is not a residential area, thus staffs argument is non-existent. He doesn't intend on changing anything, and thinks he deserves to be brought into compliance. Commissioner Anthes asked if Wood Avenue, which shows up on the maps, exists. Jeremy Pate, Director of Current Planning, explained that Wood Avenue right-of-way does not exist, and discussed the Nantucket project the Planning Commission reviewed and approved to the north that dealt with Wood Avenue being extended south to 15°i Street. This did not occur because the right-of-way to extend the street does not exist. As it stands today, the right-of-way for Wood Avenue does not exist to the west of this property. Commissioner Ostner discussed the project to the north and the extension of Wood Avenue. Starks discussed his concerns with Wood Avenue coming south, and his objections because of the traffic danger. - Commissioner Winston and Pate discussed the differences in the zoning and future land use map. Planning Commission July 09, 2007 Commissioner Graves asked where the C-1 zoning district would fit within the Future Land Use Map designations. Fate stated that C -I could work in this Future Land Use Map designation, if appropriate for area, given the timing of the request. However, with the potential incompatibilities of the commercial zoning in the area, staff recommends the Conditional Use Permit as a better option of achieving the same goal of the applicant, to bring the restaurant into compliance. Pate discussed the options of bringing the property into compliance. Commissioner Graves stated that right now this seems to be a spot zone. He tends to support staff and would like to see this property come into compliance by a Conditional Use Request instead of a C-1 zoning surrounded by RMF-24. Commissioner Graves made a motion to deny the request, based on the findings of staff. Commissioner Ostner seconded the motion. Commissioner Winston asked if it would be more or less difficult to improve the property if Pate stated no, the requested zoning would actually increase setbacks from that of R -O. The development standards for the two zoning districts are virtually the same, in terms of parking lots and greenspace. However, as the use has existed for many years, if the applicant requested a conditional use permit, he would not see much reason for improvements with the conditional use or the rezoning, unless the property was being expanded or redeveloped for something else. Commissioner Ostner stated the rezoning was a matter of timing, it may not be out of line in a Commissioner Anthes asked the applicant if the stated intent was to leave the restaurant in place, and leave the property as it has been used historically. Starks stated the biggest difference is that with the R -O zoning, he could not put up a sign. He stated he had been over several options with staff members, but could not find a way to advertise his business. The two choices given to him were to leave it as it is or rezone the property to allow Staff and the Planning Commission discussed signage in the different zoning districts, including size limitations and setbacks. Commissioner Graves stated he understands that signage is the issue, but that doesn't change the justification for the motion to deny the rezoning. Planning Commission July 09, 2007 ° Page 17 of 29 Upon roll call, the motion to deny passed 5-2-1, with Commissioners Winston and Anthes voting no, Commissioner Trumbo recusing. CITY OF FAYETTEVILLE May 22, 2007 WILLARD & KAREN PLANNING COMMISSION STARKS 5009 BOULDER LANE . FAYETTEVILLE, AR 72701 DEAR SIRS, TI41S REQUEST CONCERNS THE PROPERTY AT 504 E. 15TH STREET. THE PROPERTY, BUILDING AND BUISNESS LOCATED THERE BELONG TO MYSELF AND MY WIFE KAREN. THIS PROPERTY HAS BEEN FIVE OR SIX ASSORTED RESTAURANTS. FOR FORTY YEARS ...................CURRENTLY WE ARE DOING BUISNESS AS POPS OLD TIME BAR B OUE. THERE ARE NO PROPOSED OR PENDING PROPERTY SALES. THE REASON FOR REQUE$TING THIS ZONING CHANGE IS.. THIS RESTAURANT HAS BEEN OPERATING UNDER A NON CONFORMING USE PERMIT. AFTER FORTY YEARS OF THE SAME USE. WE FEEL A C -I ZONING DESIGNATION IS PROPER. THERE WILL BE NO CHANGES IN THE NEIGHBORHOOD IN ANY RESPECT. BUISNESS HAS BEEN. HERE FOR A LONG TIME. Ii: BUIS: 442-9966 CELL 445-7014 HOME 442-3738 (8 14.07) Clarice Pearman - Ords. 5042-5044 and 5048-5052 Page 11 From: Clarice Pearman To: Pate, Jeremy Date: 8.14.07 4:13 PM Subject: Ords. 5042 - 5044 and 5048 - 5052 Attachments:- 5052 Abshier Heights 166.20 waiver.pdf; 5043 R-PZD 07-2578 Bailey Meadows.p df; 5044 Amend Ch 171 & 172.pdf; 5048 RZN 07-2637 Starks.pdf; 5049 R-PZD 07 -2613 Holcomb Heights Il.pdf; 5050 VAC 07-2638 Estes.pdf; 5051 VAC 07-2639 Four Seasons.pdf; 5042 Amend Ch 161 Zoning Regs.pdf CC: Audit; GIS Jeremy: Attached are the ordinances passed by City Council, August 7, 2007 generated by the Planning Division. Please let me know if there is anything else needed. Have a good day. Thanks. Clarice Clarice Buffalohead-Pearman, C.A.M.C., C.M.C. City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 coea rm an(& ci.favetteville.a r. us RZN07-2637 Future Land Use STARKS SUBJECT PROPERTY M Building (2004) v Future Land Use 2025 CLASS Industrial Non -Municipal Government ,e Complete Neighborhood Plan Natural Area Rural Area iResidential Neighbodiood Area General Urban/City Neighborhood Area Urban Center Area Civic and Private Open Space/Parks a Civicinstitutional Unclassified . ROW - .. Overview Legend Subject Property ®RZN07-2637 Boundary 1ti Planning Area Streets cPano2 oa0000 Ovenay District 000000 I Outside City �� Planned Legend 0 37.5 75 150 225 300