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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 ' >9„ RKAtA Jam: "a, 1VGT 0t`3 �41111111,� By: By: onid4�&, ( DAN COODY, Mayor SON RA E. SMITH, City Clerk/Treasurer &" "°SS � wlid,y� � ra + t ., 4'Yc Mme ar "ykP9 frx{ ` , t„i-= L� S "�✓ryJ ?spy^3'..�.h y� r^. AY"�.' 0.ty" 4'+tKP�h M Jf'kF '%t,Y,+ ,'T, 4vyyt`. 'y1 1,;, ,3+ p .... t✓ T �+ #S'^' .-„ }rys N, as ^T E��Y'vf .e `>� s e u'Y�Lf" 1 �� , F RM < FaYfi lz y- �" �as, 9 �,� } XM1�' �a'aiir S'. kn'5i't�M '�v ? > c 4 4 111 . r . . r °miff � �"[. ���� #x � � r .. < r• rV p 4 ' s NA L lili"S i i # a x 1 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 arX, EDf , ED ZI Z _ 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 Close Up.View / 4'g f y s S` 53nz - t f t CLTDESp/yE IT-zz t.a 1 _ •n,�aF4`^j�{ dy 'a`fi F �K y � �' i ~ n L i } yT/�Eti`v_ Y.x � eke• 3r• "�-..* s� a s .`ro�l'.C'_` . i xv -axm iITT. W IN u, a - `s- Y�sx <• `.�' `" . . . '- - / ;. SSR'+. ♦. +. .. L'I'i� a txw a z `� 3 tix ; rt 3. SUBJECT PROPERTY SGq,Cjy } t�, Z?x } rro , 4T-\ Ar"7C F•t n - Z�' MIZ II V .a p,rt . 'uG� 'R >'T - '� °' RRc -•,,v-.t ire vs ,o, x �. �. - r -i. s�+�r .5, SIU.':} c?r4" tS�A'kY 1 .� ' ' xaeV s'. . �y-r,�m.���y��` =a`5�t''�[�.�,�,�a-�� • �\r4r< k � yt � �tie'srEaq os F�xd ��Cies. . 1"'��k'�<',4tt'xr'i 101 2 IN khat WI. Ziti•T Cri�i'F TN T 5.6... ei5a^S - fit f'1� Y . l a � . 4 do- rv�tEs�ss Dq Yt�.� - overview 0 ]5 150 300 450 600 e Feel 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 F S bate 4 , d . $ie:• jRy wb - 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 Fayetteville Unified Development Code 161.07 District RSF-4, Residential Single - Family — Four Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted uses. Unit 1- -T —City-wide uses by right Unit 8 Single-family dwelling (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 9 Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family dwellings Two-family dwellings Units per acre 4 or less 7 or less (D) Bulk and area regulations. Single-family Two-family dwellings dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 8,000 sq. It. - 12,000 sq.-ft. Land area per 8,000 sq. ft. 6,000 sq. ft. dwelling unit Hillside Overlay 60 R 70 ft. District Lot minimum width Hillside Overlay 8,000 sq. ft. 12,000 sq: ft. District Lot area minimum Land area per 8,000 sq. ft. 6,000 sq. ft. dwelling unit (E) Setback requirements. FRONT SIDE REAR 25 ft. 8ft. 20 ft. HOD Front HOD Side HOD Rear K: IReports120081PC Reports106-March 241RZN 08-2936 (Mullins, .doc JI 15 ft. I 5ft. I 15 ft. (F) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, §160.031; Ord. No. 4100, S2 (Ex. A), 6-16-98; Did. No. 4178,8-31-99; Ord. 4858,4-18-06) Fayetteville Unified Development Code 161.16 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. (1) Permitted uses. Unit 1 City-wide uses by right Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-Familydwellings 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 ft. 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. 2,500 sq. ft. ft. Single-family 6,000 sq. It. Two-family 6,500 sq. ft. Three or more 6,000 sq. ft. Fraternity or Sorority 1 acre K:IReporis120081PC Repo; -s106 -March 241R.ZN 08-2936 /Multins).doc (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Townhouses & apartments: No bedroom 1,000 sq. ft. 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 per 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 ft. Front, in the Hillside Overlay District 15 ft. Side loft. Side, when contiguous to a residential district 15 ft. Side, in the Hillside Overlay District 8 ft Rear, without easement or alley 25 ft. Rear, from center line of public alley 10 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., An, 5(x); Ord. No. 2414, 2-7-78; Ord. No. 2603,2-19-80; Ord. No. 2621, 4-1-80; Ord. No, 1747,6-29-70; Code 1991, § 160.041; Ord. No. 4100, §2 (Fx. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4726, 7-19-05; Oid. 4943, 11-07-06) ENGINEERING DIVISION COMMENTS RZN 08-2936: (MULLINS, 678): Submitted by JOHN MULLINS & CHAD BRAMLETT MULLINS PROPERTY MGMTIINSPIRED BUILDERS for property located at 2846 S. SCHOOL AVENUE. The property is zoned RSF-4, SINGLE FAMILY -4 UNITS/ACRE and contains approximately 0.33 acres. The request is to rezone the subject property to R -O, Residential Office. Planner: Dara Sanders Public water is located along the property. There is a 12" water main along S. School Avenue. 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 The site has access 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. Standard improvements and requirements for drainage will be required for the development. This property is affected by the 100 -year floodplain. Fayetteville Fire Department To: Dara Sanders, Andrew Garner, Jeremy Pate, and Jesse Fulcher Thru: Chief Tony Johnson Assistant Chief Bud Thompson From: Captain Dale Riggins Date: March 11, 2008 Re: March 5, 2008 Zoning Review RZN 08-2936 (Mullins) Submitted by John Mullins and Chad Bramlett Mullins Property Mgmt/Inspired Builders for property located at2846 S School Ave. The property is zoned RSF-4, Single Family — 4 units/Acre and contains approximately .33 acres. The request is to rezone the subject property to R -O, Residential Office. This property will be covered by Ladder 3 located at the corner of Happy Hollow and Fairlane. It is 2.4 miles from the station with an anticipated response time of 5 minutes. The Fire Department does not anticipate that there will be any calls for service in this area due.to the size of this parcel and the maximum number of residents located on this parcel. The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times Dale Riggins, Captain, Fayetteville Fire Department APPLIC ANT'S PET ITJ ON The property located at 2846 S School Ave is currently owned by Mullins Property Management LLC, an Arkansas limited liability company, and Inspired Builders LLC, an Arkansas limited liability company, as tenants in common. The reason we are requesting the rezoning is to promote the highest and best use of the property which we feel is R -O. The property to the south of 2846 S School is currently zoned R -O and three properties to the north of the property are zoned R-O.'The property to the west across S School is zoned I- I. With our intent to rezone the property to R -O zoning we are planning to totally remodel the home where a person or entity would be able to live and work from the comfort of their home and or business. We feel the rezoning of the property enhances the marketability and appeal of the property. We are planning to gut the inside and to remodel both the interior and exterior of the property to both conform to the appearance of and enhance the further appeal of the surrounding properties. The traffic on site would not be affected by putting a small business on the property; the site has plenty of parking and is easily accessible from School Avenue. The surrounding R -O properties all have small signs displaying their business names in front, and we would stay uniformed in that respect with any business that occupies this site. There is a 6 inch sewer line adjacent to the site on Haddon Ave, there are two water lines, one 2 Y< inch line on Peach and a 12 inch water line along S School. Rezoning the property to an R -O zoning is consistent with the properties to the North and South on School Ave. There are currently four properties to the North and South that are zoned R -O. The property sits on a corner lot that faces S School in a non residential area surrounded by mainly small business. The proposed zoning will not increase traffic or cause congestion due to the fact that the surrounding properties tenants in each existing residence now house small businesses. The population density will not be affected by rezoning the property to R -O since the tenant would be a single family or a single business which is currently the status of the surrounding properties. The existing zoning of the property is RSF-4, which we feel is unsatisfactory for the property due to the noise and traffic that flow along S School or 71-B. The property faces a state highway that has constant traffic flow at all times of the day which we feel might be discouraging to a single family, whereas a small business could grow and prosper in this location due to the traffic flow possibly consisting of future clients seeing a business in that location that they might potentially need and/or use. T Rd y. Yr afj���t , s- t = •f� ,-0 1.1..6 9 l9C6.'L'yAY I < ♦ /1 4�1(k�h'iT s • l.r - ♦ Y 5 i{1` Zf KY 5 � r. �s Jib ♦ _ _ ♦ e i x :r ( y • •• J,♦�4T' r I) m/ Jejr Z< r♦ r k IAe . a .y, Ee x. - �! {FtR •f/_ 'i Y� A' ,.aa r � , t u t 'd( � +.y '.7^ < T"r A! i�/fl •i. � � y J 3 r r• J�.l }i a ` li Cllr Ji _- % 6Y:4 i'1 a rJ I �`lfAa } •J } u.1f x,�}ti r, rt a'•' t • r.a ` .t i♦ r� { 1 ��.5.% •1J KLi� .•y. / FY-l'fl. } 3 ,4 �..♦ Val iaaa n $� H^+ r x W , e t ♦ . 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"p 11l 1ila n. . q.� •.H: . p'r iLl♦Y pi�f {j�a,#!.Y♦ r i/.! Af ..-v L ) a4 '-'y• '+lli iaa PF!.i.i ti 1io- lij'��� fl ti i�4" FP YvR T#� �� aiY j M1Ma T wZ� • - 4 ,T f .I ..bk A a . r� .yy9 �tl . ' £ ri4• l� . 1�1k.A17 ypld%t♦ {.. ✓FJ'Yd� �{ ,+} '+ i ♦J P 4£ 2 �y� • j� 1 �l�tai t {�♦ <+f ii' t Y A•[;�'• M 1 �t:i} F`1�L �PI-{r y{-fk_ _ . �Aiyyfat -1� jwir q[ SI� e�y r '3 `ix .A �ira r• J =IJ 69�S�1' .Jtl�-(e'k 'fi''♦�.�S�I y$y x"N,� is .p L -%i4 / ` d4 'r...++ l a -i- a • i v: Y�t 1�n I'Y "Fy? � ,/ T e r b '4 .�} T � "JY yR '1 i rjjnn� fi}p r}i[ar }� {ya jt $6a I :t„d t�><}ypY�F•"i� A'<it� p r tbrr �. r x �' 1 �.i f� �:. 'ilt3't.J 1i, 1 � 1. 'Y t�d<iaC'�i-, .a t_•sit-ji` � �..+T'.'J ♦i l .'> a. T �°Ji� P} y £' i1 RZN08-2936 Close Up View aixssi.h .— . r .a 1 + � 3 ^ . ,ik s.� ^.{ '.j_r Nt Y-vFf }A'♦�rx ,.gip¢ �AYM'. J ri. 'I `�r♦ r Ir ��� `� J r y � Ev wry s! LYA w - f4} • a 'M ly�' ..r.Tir'. . . i '++1 1 i S x E X i x F J I>�Q %5#$, x . zn� a t r\�f`+ y z • i } is i4N iR t. k L MULLINS y. e5 srI J4 rye. rt tfi ♦;..IVAT29b5 DR w.. ea y� of-•.�!' .v 3rr�T ry♦ mil'/ /�1} {iN >y�rFy nO ]J / � Ii r3 M[",4 S � Li-* 4�' j • Iq p / FryJ * 1 er or. - 0 75 150 300 450 600 Feet RZN08-2936 One Mile View MULLINS ci'*uet �Apy �{=� ' �� � e5K-0 ' aae' r ' . i fikF21 v V e 7•y „} r. I� h X > v+T g4QL x S IVAi 12103 DN I !,'�e .'S,451Lhi�'i ��'5 'R�'41;`'�t "�Petr;{ .40.A, Y ] _ ri p� ma' e . .- ypE Y ♦ J } �"` k � •-�it.:::; • •. �A 19MK.24 Y IAI 0 �+, '` t iE b»ft#1->fA:}dW' +�' L il+ t+e% _�$`'�♦' a� .,. ^3� v X11 ,?V }V? t>' • 'xsrta ?.a'- .-c iI i' rY .fi r f ?v dLN<n n{i. 'd li-t f3'} {4 ,;i t-.. Wn a t �� a ('Ik^iS!'>+( �n({jIOPSO \..E Y Y� aAE r4 L , a r>' . ra'� 4th i N n SUBJECT PROPERTY ' -� t t 4t n re\ .. +i' Y"Y: 96C O •" YZ 1. NW tl.. yw�j3 n j 3G yII q i t t t, _ v 4r • 1 i } py 1IIO#L< f a D� ♦ �.4i .rl .11 •�. yl "*cX•" t.•kt: yL j 4 nP9 f1 h "� li • •�4 ♦ (.wr Y yYY .f. 'i'. i.t» 1 iII1-'- ! .Y.C,. Vp( t i. W` ! Y v- n ( rR� ..' �� i`Iy �.frrFY41ru' v..�:Da A- .[T• 2� a+ S #�i�C (ReYo.R '+nyi. C r .t1 i3L J n* rLiwt� l�rfi L� R'A"ft5F.�S �1 .,Y f ➢ '4n''i `. � a' "i �y Y Y 1 a 4 ` 'I y" �f tl. LlM1' � 4 �Y � i ! Y yNA ,llbiG I Y QNl1 N > • > r1 +felt : J T ' e. iE%ii-'!.` •i 11 {iryy',4MeRj`'y a 4rJ '' ~< S�XF;l ', .p .. .. 1..!144„ , . °' 'ir 11"F, AYy �4q ita �» j4 n.° a - V r t pr O/ ui' i{[ i.:. r j, 1 , ,.i't' ,a �ryr1 lRP2 �. �+n .. a �.i" `I �., 1. y yy JF-sP .� y wc.• Y ��' 4. f�v )tli ,� 4.: -."T2• Overview Legend Boundary `"'-- Subject Property —'—i Planning Area Lu RZN66-2936 o'DDD o Oveiay District 000000 Outside City Legend O Hillside -Hilltop 00126.25 0.5 Miles District RZN08-2936 Future Land Use 1, r•Y6: �� TY Kry4t ...., .4$A a .i.: ♦ x'.rFfl. y�' zza � 4 : ♦ } yTlt nY a4 j•• yS yv a � v• ' ]y�•�11 N 4 �y 'hus -•4'j�'� r - i? i` Mgr �,1 il 4 w'` rti.. 41 a µµi� [ .el tl'"I're6tYvs <M 4a .�bII"ly'^1y5'�y<�-'' �`J!�1�ly IR, :i<^�tR ' r •v zYlii V i �yy.♦.1 i� G a„x r i �c lY iiAK YRd ^1�•ii'd$ P'ry.�Yi4l�}(�ya jl `'�.dA,�Y y, r ,�ga� `�h If k'��� •°';;S��' y� ���� ��G �)yy J, �'��'��' try D'T's ° reset`• e w �.: t'`YT rm.�.+y�°%r.. XX ..( 'n• Itr' 1 j F 4 ic a y t 1 "y�'1 R �i- • T ' rY. •r.'c Y RJR d . 1 q�y r wfi r. /� aei � .. F,R � jn� 1�4i W ��.�'aH self: .64 a.. r.� Overview j.♦mrOmyea lapejW1 rveua _MC me l>a — r•er,e —w.e un NNIy _YI Nasr— O N�®•T — MULLINS i�/ /t S / yy v♦< 11 fleh ki•.k a rh J L4 c- . J 2rg v ffjha"� th�k• Y4 jai •].{ .( JW a s Yp � is PEACH ST SUBJECT PROPERTY • ' ' fl �M �� • t • Yt a " !ESTER ST - > a' t P t Q x © i n J A 4 I O FeyetleWlleI 0 75 150 300 450 600 O°� « Feel From: Clarice Pearman To: Pate, Jeremy Date: 4.18.08 3:47 PM Subject: Ord. 5131 Attachments: 5131 RZN 08-2936 Mullins.pdf CC: Audit Jeremy: Attached is a copy of the above ordinance passed by the City Council. Please let me know if there is anything else needed for this item. Have a good weekend. Thanks. Clarice RECEIVED MAY 0122008 'j �' • • ;fieii NORTH EST ARKANSAS EDITION Benton County Daily Record P. O. BOX 1607 FAYE I I EVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION CITY OF FAYETTEyILLS CITY CLERK'S OFFICg I, Cathy Wiles, 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: City of Fayetteville — Ordinance 5131 April 23, 2008 Publication Charge: $63.30 Subscribed and sworn to before me This d.5*day of 2008. iPRY Notary Public (plc` A W,`4w•a My Commission Expires: /a1. &C2O/a Do not pay from Affidavit, an invoice will be sent RECEIVED MAY 02 Z008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE AN ORDINANCE IN REZNPETITION THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 08-2936. ¶7' FOR APPROXIMATELY 0.2 ACRES. LOCATED AT'- ` Y 2846 SOUTH SCHOOL AVENUE FROM RSF-4, RES- IDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE, TO R -O, RESIDENTIAL OFFICE. -ARt IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ANSAS, section 1: That the zone classgkation of the following described property Is hereby changed as fol- lows: From RSF-4. Residential Single -Family, 4 units per acre, to R-0, Residential Office as shown on Exhibits'Aand'B' attached hereto and made a pert hereof. Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided In Section 1 above. PASSED and APPROVED this 15th day of April. 2008. ATTEST: By: SONDIRA E. SMITH. City CI.*flmaaural EXHIBIT'BRZN 08-2936 LOT 12 AND THE SOUTH 10 FEET OF LOT Ii,, GRANDVIEW HEIGHTS SUBDIVISION, FAYET. TEVILLE, ARKANSAS,. WASHINGTON COUNTY.