HomeMy WebLinkAboutOrdinance 5131 ° • • IIIIIII VIII III III,VIII,VIII VIII IIIIIIIIIIIIIII YIII VIII VIII IIIIIIIIIIII
Doc ID : 012250020003 TVDe : REL j
Recorded : 05/02/2008 at 02 : 18 : 36 PM .
Fee Amt : 825 . 00 Pace 1 of 3
Nashinaton Countv . AR
Bette Stamos Circuit Clerk
File2008-00014689
ORDINANCE NO, 5131
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 08-2936, FOR
APPROXIMATELY 0.2 ACRES, LOCATED AT 2846 SOUTH
SCHOOL AVENUE FROM RSF-4, RESIDENTIAL SINGLE-
FAMILY, 4 UNITS PER ACRE, TO R-O, RESIDENTIAL
OFFICE.
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-4, Residential Single-Family, 4 units per acre,
to R-O, Residential Office 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.
`F �k (/TRIS
PASSED and APPROVED this 1511 day of April, 2008. 0F
r,VETTEVILLE °
APPROVED: ATTEST: • y '
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By: By: onid4�&, (
DAN COODY, Mayor SON RA E. SMITH, City Clerk/Treasurer
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EXHIBIT "B"
RZN 08-2936
LOT 12 AND THE SOUTH 10 FEET OF LOT I I , GRANDVIEW HEIGHTS SUBDIVISION,
FAYETTEVILLE, ARKANSAS, WASHINGTON COUNTY.
Washington County, AR
I certify this instrument was filed on
05/02/2008 02: 18:36 PM
and recorded in Real Estate
File Number 2008-000146
Bette Stamps - Circui C
by
ty
City of Fayettevillej� 51
Staff Review Form
City Council Agenda Items
or Intl
Contracts
15-Apr-08
�Q City council Meeting Date
Jeremy Pate a ` Planning Operations
Submitted By Division Department
Action Required:
RZN 08-2936: (Mullins, 678): Submitted by John Mullins and Chad Bramlett Mullins Property Management/Inspired
Builders for property located at 2846 South School Avenue. The property is zoned RSF-4, Residential Single Family, 4 units
per acre, and contains approximately 0.2 acres. The request is to rezone the subject property to R-O, Residential Office.
Action Required: 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 Q Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
eparttment Die or Date Original Contract Date: n/a
Original Contract Number: n/a
City A orney
Received in City Clerk's Offic �N
Finance and Internal Service Director Date
Received in Mayor's Office
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Mayor Date
Comments:
City Council Meeting of April 15, 2008
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: March 25, 2008
Subject: Rezoning for Mullins (RZN 08-2936)
RECOMMENDATION
Staff and the Planning Commission recommend approval of rezoning the subject property
from RSF-4, Residential Single-Family, 4 units per acre to R-O, Residential Office for
approximately 0.2 acres located at 2846 South School Avenue.
BACKGROUND
The property contains approximately 0.2 acres located at the northeast corner of South
School Avenue and Peach Street, south of Clydesdale Drive and east of the County Jail .
Surrounding properties are a mix of single family residential, commercial and industrial
uses with adjacent businesses including an auto repair service and the Tyson plant.
Several of the surrounding properties were rezoned from RSF-4 to R-O in 2003 and
2005 . Similar to this request, the property to the south was rezoned in 2003 from RSF-4
to R-O to convert two single-family structures into office space. Staff recommended
approval of those requests, finding that the requests were consistent with the current land
use planning objectives, promoted consistent development patterns, and were compatible
with the adjacent properties. The same findings are generally applicable to this proposal
request.
DISCUSSION
This item was heard at the regular Planning Commission meeting on March 24, 2008.
The Planning Commission voted 9-0-0 to recommend forwarding this rezoning request to
the City Council with a recommendation for approval.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 08-2936, FOR
APPROXIMATELY 0.2 ACRES, LOCATED AT 2846 SOUTH
SCHOOL AVENUE FROM RSF-4, RESIDENTIAL SINGLE-
FAMILY, 4 UNITS PER ACRE, TO R-O, RESIDENTIAL
OFFICE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
Section l : That the zone classification of the following described property is hereby
changed as follows:
From RSF-4, Residential Single-Family, 4 units per acre,
to R-O, Residential Office 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 I above.
PASSED and APPROVED this day of 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN08-2936 M U L LI N S
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PC Meeting of March 24, 2008
y ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125 Mountain
Fayetteevv Mountain
AR 7270101
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM : Dara Sanders, Current Planner
THRU : Jeremy Pate, Director of Current Planning
DATE: Nfafe ' ' , 4N March 25, 2008
RZN 08-2936: (MULLINS, 678): Submitted by JOHN MULLINS & CHAD BRAMLETT
MULLINS PROPERTY MGMT/INSPIRED BUILDERS for property located at 2846 S . SCHOOL
AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains
approximately 0.2 acres. The request is to rezone the subject property to R-O, Residential Office.
Planner: Dara Sanders
BACKGROUND :
Property Description: The property contains approximately 0.2 acres located at the northeast comer
of South School Avenue and Peach Street, south of Clydesdale Drive and east of the County Jail.
The property contains one single family house, built in 1925.
Surrounding properties are a mix of single family residential, commercial and industrial uses with
adjacent businesses including an auto repair service and the Tyson plant. Surrounding land use and
zoning is depicted in Table 1 . The area adjacent to School Avenue in this vicinity serves as a large
commercial area with an existing assortment of residential, shopping, and industrial uses located in
close proximity to each other, serving the surrounding community.
Several of the surrounding properties were rezoned from RSF-4 to R-O in 2003 and 2005. Similar to
this request, the property to the south was rezoned in 2003 from RSF-4 to R-O to convert two single-
family structures into office space. Properties to the north (2824 and 2826 South School,
respectively) were rezoned in 2005 from RSF-4 to R-O. Staff recommended approval of those
requests, finding that the requests were consistent with the current land use planning objectives,
promoted consistent development patterns, and were compatible with the adjacent properties.
TABLE 1
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North Single family home RSF-4, R-O
South Bail Bonds Business R-O
East Single family houses RSF-4
West McBride Distributing Co. I- 1
K:LReporns120081PC Reporrs106-A4arch 141R7N 03-1936 (dlulhns/.doc
Proposal: The applicant proposes to rezone the property from RSF-4 to R-O. The applicant would
like to rezone the property and renovate the interior of the existing home so that it may be used for
residential office space. Use of the property for office space will likely result in a need to provide
parking. Parking for future uses on this property will be required to fully comply with the parking
standars identified in the Unified Development Code, which may include paving, landscaping, etc.
Recommendation: Public Comment: Staff has received public comment from the adjacent property
owner to the north, who has expressed support for the applicant' s proposal.
RECOMMENDATION :
Staff recommends forwarding the rezoning request to the City Council with a recommendation of
approval based on findings stated herein. The proposed zoning would be compatible with adjacent
zoning, existing and approved development, and the future land use plan to provide non-residential
uses where compatible.
PLANNINi; COMMISSION ACTION ''Required ,YESAiM
J1 Approved x w) orwirded U llcnred
x
Motion ,��',' Second:y
xt . x3
CIT:YrCOUNCILACTION , Required iESTMh � t � �>, r
T U Approved . � `} . 417 Denied
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INFRASTRUCTURE:
Streets: The site hasaccess to S. School Avenue and Peach Street. S. School Avenue
is currently an improved five lane paved state highway. Peach Street is a two
lane city street. Street improvements will be evaluated with the proposed
development.
Water: Public water is located along the property. There is a 12" water main along S.
School Avenue.
Sewer: Sanitary sewer is available to the site. There is a 6" sewer main along S.
School Avenue. Improvements to the 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
Drainage: Standard improvements and requirements for drainage will be required for
the development. This property is affected by the I00-year floodplain.
K:1Rr1xn'tr110081PC Rcrwrts106-March 1411?7jV 081936 (MaRins).doc
Fire: This property will be covered by Engine 7 located at 835 Rupple Road . It is
0.4 miles from the station with an anticipated response time of minutes. The
Fire Department anticipates that there will be 37 (24EMS- 13 Fire/other) calls
for service, per year, once this development is completed and maximum build
out has occurred. The Fayetteville Fire Department does not feel this
development will affect our calls for service or our response times.
CITY PLAN 2025 FUTURE LAND USE PLAN : City Plan 2025 Future Land Use Plan
designates this site as Residential Neighborhood Area. Stafffinds that the R-O, Residential Office
zoning is appropriate at this location and would result in potential uses that are needed in this area
to support the existing and recent services and residential growth in southeast Fayetteville. With the
incorporation of standard City ordinance requirements for development of non-residential uses
adjacent to residential uses, the R-O zoning would be compatible with the adjacent single family
residence and commercial uses along this State Highway and would help provide needed services for
residents in southeast Fayetteville.
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 property is designated as Residential Neighborhood Area in the City Plan
2025 Future Land Use Plan, which encourages traditional neighborhood
development that incorporates low-intensity non-residential uses. The proposed
R-O zoning is consistent with the City's land use planning objectives, principles
and policies to encourage compatible and livable neighborhoods indicated by
the Residential Neighborhood Area designation, as residential offices are
generally low-intensity uses that generate very little traffic, light, or noise
impacts.
There are a large number of residences to the east of the proposed rezoning.
Because of the I-1, Light Industrial/Heavy Commercial zoning district located
along the west side of South School avenue and the single family neighborhood
to the east of the subject property, , staff finds that the R-O zoning district will
serve as an appropriate transition and buffer between the two incompatible
uses.
Staff finds that the request is consistent with the similar rezoning requests that
were approved in the immediate vicinity. Based on no history of complaints filed
with the surrounding rezoning requests and a site visit conducted, staff finds
that the rezoning request would result in a compatible land use and
development.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
K:1 Retwrts12008WC ReportsM-March 241R7N 08-2936 /Mullins).doc
rezoning is proposed.
Finding: Staff finds the proposed zoning is justified and needed. As stated in Finding
No. 1 , the proposed use would serve as a buffer between the light industrial
and heavy commercial to the west and the single family neighborhood to the
east. Furthermore, the use of this site for offices would generate less traffic
than a higher commercial designation. Staff also finds that this property is
more appropriate to be used for nonresidential uses instead of the current
single family use.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: It is expected that a rezoning from RSF-4 to R-O would create an increase in
traffic compared with that allowed under the existing zoning. However, the
property is in direct proximity to a Principal Arterial (South School
Avenue/State Highway 71-B). Staff finds that the proposed zoning would not
create or appreciably increase traffic danger and congestion. However, staff
will review access to the property with the proposed future use and with
redevelopment.
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: Staff finds that the proposed zoning would not create undesirable impacts to
public services, or a density that is incompatible with the surrounding area,
based on a review of infrastructure, existing land uses, and the development
potential of the property.
Increased load on public services were taken into consideration and
recommendations from Engineering, Fire, and Police Departments are included
in this report.
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;
Finding: Many of the surrounding properties have been developed and utilized for non-
residential use. Residential offices are generally low-intensity uses that generate
very little traffic and can serve as a buffer between high-intensity uses and
K:IReporaL7008WC Reporfs106-March 241R7N 08-2936 (Mulflns).doc
neighboring residential developments. Because of the I-1 , Light
Industrial/Heavy Commercial zoning district located along the west side of
South School avenue and the single family neighborhood to the east of the
subject property, staff finds that the R-O zoning district will serve as an
appropriate transition and buffer between the two incompatible uses.
It should be noted that if the property is rezoned to R-O, the existing single
family residence would be located in the front setbacks. Should the applicant
desire to redevelop the property, a variance may have to be approved by the
Board of Adjustment prior to building permit.
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: Not applicable. Staff recommends in favor of the requested zoning.
K:lReparts110081PC Repona106-Marcli 141RZN 08-2936 (Mullim).doc