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Home My WebLink About2010-08-30 - Agendas - FinalPlanning Commission Planning Commissioners Officers Audy Lack, Chair Matthew Cabe, Vice -Chair Craig Honchell, Secretary aye evtlle ARKANSAS Draft Agenda City of Fayetteville, Arkansas Planning Commission Meeting August 30, 2010 Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston A meeting of the Fayetteville Planning Commission will be held on August 30, 2010 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Agenda Session Presentations, Reports and Discussion Items: Consent: 1. Approval of the minutes from the Monday, August 9, 2010 meeting. Old Business: 2. RZN 10-3613: Rezoning (WATSON, 5989 E. HUNTSVILLE, 611): Submitted by TOM and MARIE WATSON for property located at 5989 E. HUNTSVILLE ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 2.9 acres. The request is to rezone the subject property to R -A, Residential Agricultural. Planner: Andrew Garner New Business: 3. ADM 10-3651: Administrative Item (D.L. JOHNSON, 1659 TIMBERCREST): Submitted by DAVA JOHNSON for property located at 1659 N. TIMBERCREST. The request is for a modification to the conditions of approval for CUP 10-3597 to extend the hours of operation. Planner: Dara Sanders 4. ADM 10-3653: Administrative Item (FLEET FEET): Submitted by RUSSELL GUNNELL for property located at 1020 HAROLD STREET. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 0.52 acre. The request is to remove a condition of approval associated with CUP 00-26.00 and CUP 08-3039. Planner: Dara Sanders 5. RZN 10-3633: Rezoning (MBC HOMES LLC, WILLY BERCHTOLD, 565): Submitted by WILLY BERCHTOLD for property located at 2409 HUNTSVILLE ROAD. The property is zoned C-2, THOROUGHFARE COMMERCIAL, RSF-4, RESIDENTIAL SINGLE FAMILY, 4 DWELLING UNITS/ACRE, and R -A, RESIDENTIAL AGRICULTURAL and contains approximately 2.45 acres. The request is to rezone the subject property from C-2, RSF-4, R -A zoning districts to CS, Community Services zoning district. Planner: Dara Sanders 6. I-PZD 10-3632: Industrial Planned Zoning District (FAYETTE JUNCTION, 599): Submitted by CRAIG HULL for property located at 1332, 1348, and 1350 CATO SPRINGS ROAD. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 11.77 acres. The request is for land use approval of an I-PZD, Industrial Planned Zoning District for a concrete plant and an industrial wax business. THE APPLICANT HAS WITHDRAWN THIS ITEM. Planner: Andrew Garner 7. ADM 10-3637: Administrative Item (UDC Amendment Chapter 174): Submitted by City Planning Staff. The proposal is to amend Chapter 174, Signs, to include signage designations for recently adopted zoning districts and to modify the current signage regulations. Planner: Dara Sanders NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Once the Chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff or others for response. Please keep your comments brief to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD, Telecommunication Device for the Deaf are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the Planning Commission agenda and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. aye eville A n K AN SAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of August 30, 2010 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: August 16, 2010 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 RZN 10-3613: Rezoning (WATSON/5989 E. HUNTSVILLE, 611): Submitted by TOM and MARIE WATSON for property located at 5989 E. HUNTSVILLE ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 2.9 acres. The request is to rezone the subject property to R -A, Residential Agricultural. Planner: Andrew Garner BACKGROUND: July 26, 2010 Planning Commission Meeting and Current Proposal: At the July 26, 2010 Planning Commission the applicant proposed to rezone 0.50 -acre of their property to R -O, Residential Office. Planning staff recommended denial of the request. The Planning Commission tabled the applicant's request, discussing that they felt there were other options that should be explored that might be a better fit than the proposed rezoning (meeting minutes attached). The applicant has revised their rezoning request and now propose to rezone the entire approximately 2.9 -acre tract located within the City to R -A, Residential Agricultural. Property Description and History: The subject property is located on the south side of East Huntsville Road/State Highway 16E approximately one-quarter mile east of Malty Wagnon Road. The overall site contains approximately 4.6 acres. The northern portion of the property adjacent to Huntsville Road is within the City, the southern portion of the property is within Washington County. On May 6, 2010 the applicant received approval from Washington County to operate a flea market on the southern portion of the property. There are also two residences and several accessory structures on the overall site. The northern portion of the site is traversed by a large overhead electric transmission line and associated easements running east -west along Huntsville Road. The subject property is the northern approximately 2.9 acres of the applicant's property that is within the City. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zonin Direction from Site Land Use Zoning North Single-family residential RSF-4 South Rural/Flea Market Washington County Agricultural/Single Family Residential 1 unit per acre* East and West Rural residential RSF-4 `Approved conditional use permit to operate a flea market in the existing building at 5975 East Huntsville Road G: IETCIDevelopment Services Review120101Develapment Review110-3613 RZN 5989 E Huntsville Road103- Planning Commission108-30- 101Comments & Redlines August 30, 2010 Planning Commission RZN 10-3613 Watson Agenda Item 2 Page 1 of 36 Proposal: The applicant proposes to rezone the approximately 2.9 -acre property from RSF-4, Residential Single Family Four Units/Acre to R -A, Residential Agricultural, stating that the reason for the rezoning request is to allow for a sign for their flea market business. Public Comment: Staff has not received public comment on this particular request. RECOMMENDATION: Staff recommends approval of RZN 10-3613 (Watson) based on findings stated herein. PLANNIN'G COMMISSION ACTION: Required YES Date: Julv 26, 2010 ` X Tabled Motion:, Kennedv Second: Chesser Forwarded' 0 Dente Vote: 8-0-0 Date -liens t30 20111 D Tabled Motion Second: CITY COUNCIL Date: Required YES ❑ Approved CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates this site as Rural Area. The Rural Area land use designation consists of areas that have infrastructure and public services to support low-density, low -intensity land uses. These areas do not have adequate transportation or public services to support urban development patterns at this time. This area also encourages conservation and preservation in any development pattern. If developed, these areas encourage alternative development patterns to achieve compatibility with surrounding rural areas. INFRASTRUCTURE: Streets: The site has access to Huntsville Road. Huntsville Road is a two lane state highway in this location. Street improvements will be evaluated with development submittal. Water: Public water is available to the property. There is an 8" public main located along the north side of Huntsville Road. Public water main improvements may need to be constructed to provide domestic and fire flow for any proposed development. Sewer: Sanitary sewer is available to the site. There is a 6" public main located along the G: IETCIDevelopment Services Review120/O\Development Reviewll 0-3613 RZN 5989 E Huntsville Road103- Planning Commission108-30- JOIComments & Redlines August 30, 2010 Planning Commission RZN 10-3613 Watson Agenda Item 2 Page 2 of 36 Drainage: Police: Fire: south side of Huntsville Road directly in front of this property. The existing sanitary sewer may need to be analyzed to ensure that it has adequate capacity to serve a future development on this lot. Public mains may need to be extended through the property to serve any proposed development. Standard improvements and requirements for drainage will be required for any development. This property is not affected by the 100 -year floodplain. Staff did not receive information from the Police Department before the publication of this staff report. See vicinity map included in this packet indicating the emergency response route to this site from Fire Station #3. 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: Staff finds that the R -A zoning district is consistent with the Future Land Use designation of Rural Area on the property, which is intended largely for low density, low -intensity land uses. The proposed 2.9 -acre tract meets the minimum bulk and area requirements of the proposed zoning district. The surrounding land uses and zonings are predominantly single family and rural residential. The proposed R -A zoning would be compatible with the surrounding large parcels, agricultural and residential uses. The proposed zoning would also be compatible with the surrounding RSF-4 zoning in the City and Washington County Agricultural/Single Family Residential 1 unit per acre zoning. This re- zoning is not considered to be a "spot zones" as it would be compatible and appropriate to have this parcel zoned R -A, based on the Future Land use Plan for the area, and the existing rural character of this area of southeast Fayetteville. The Future Land Use Plan does not anticipate a higher density or intensity of land use in this area in the foreseeable future. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant has discussed that the proposed rezoning is needed to allow for a sign for the flea market that was approved by Washington County on May 6, 2010. The building being utilized for the flea market is approximately 350 feet off of Huntsville Road and in the County. The applicant desires a sign on the portion of the property in the City and zoned RSF-4 adjacent to Huntsville Road. While staff understands that a sign is desired for the marketability of the new flea market business, the zoning of the property as a whole should be evaluated, not just the potential for a sign. As discussed in Finding No. 1, the G: IETCIDevelopment Services Review120101Development Review 10-3613 RZN 5989 E Huntsville Road103- Planning Commission108-30- 101Comments & Redlines August 30, 2010 Planning Commission RZN 10-3613 Watson Agenda Item 2 Page 3 of 36 proposed R -A zoning is an appropriate zoning district. The zoning is justified as it is a compatible zoning that meets the City's adopted Future Land Use Plan. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed rezoning from RSF-4 to R -A would not increase traffic congestion as the residential density would be reduced from 4 units/acre to 0.5 unit/acre. The existing RSF-4 zoning would permit approximately 12 residential units, where the proposed R -A zoning allows only one unit. The proposed R -A zoning would allow for uses such as animal husbandry or animal boarding, however, the overall potential for traffic congestion would be reduced under the proposed R -A zoning. Staff has concerns with high speed vehicles turning into the property to access the applicant's flea market business on a gravel driveway without a turn lane. However, the flea market is located on the parcel south of the subject property and in Washington County. The flea market business is not a part of this rezoning application and development issues associated with this business are not something that can be considered with this rezoning request. 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: Increased load on public services were taken into consideration and recommendations from the Engineering, Fire, and Police Departments and are included in this report. The proposed zoning change from RSF-4 to R -A should have no discernable impact on public services. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: Not applicable. Staff recommends in favor of the request. G: IETC1Development Services Review120101Development ReviewU0.3613 RZN 5989 E Huntsville Road103- Planning Commission108-30- 101Comments & Redlines August 30, 2010 Planning Commission RZN 10-3613 Watson Agenda Item 2 Page 4 of 36 161.07 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 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12 Limited business Unit 24 Horne occupations Unit 36 Wireless communications facilities (C) Density. (D) Bulk and area regulations. Single-family dwellings Two-family dwellings Units per acre 4 or less 7 or less (D) Bulk and area regulations. (E) Setback requirements. Front Single-family ' dwellings Two-family dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 8,000 sq. ft. 12,000 sq. -ft. Land area per dwelling unit 8,000 sq. ft. 6,000 sq. ft. Hillside Overlay District Lot minimum width 60 ft. 70 ft. Hillside Overlay District Lot area minimum 8,000 sq. ft. 12,000 sq. -ft. Land area per dwelling unit 8,000 sq. ft. 6,000 sq. ft. (E) Setback requirements. Front Side Rear 15 ft. 5ft. 15 ft. (F) Building height regulations. G:IETCIDevelopment Services Review120101Development Review110-3613 RZN 5989 E Huntsville Road\03- Planning Commission108-30- 101Comments & Redlines August 30, 2010 Planning Commission RZN 10-3613 Watson Agenda Item 2 Page 5 of 36 Building Height Maximum 45 ft. Height regulations. Structures in this District are limited to a building height of45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses, (ord. # 4858). (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, §2 (Ex. A), 6-16-98; Ord. No. 4178,8-31-99; Ord. 4858,4-18-06; Ord. 5028, 6-19-07; Ord. 5128, 4-15-08; Ord. 5224, 3-3-09; Ord. 5312, 4-20-10) G: IETCIDevelopment Services Review120101Development Reviewl10-3613 RZN 5989 EHuntrville Roadl03- Planning Commission108-30- 101Comments & Redlines August 30, 2010 Planning Commission RZN 10-3613 Watson Agenda Item 2 Page 6 of 36 161.03 District R -A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training (2) Conditional uses. Unit 2 - City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 - Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre One-half (D) Bulk and area regulations. Lot width minimum 200 ft. Lot Area Minimum: Residential: Nonresidential: 2 acres 2 acres Lot area per dwelling unit 2 acres E) Setback requirements. Front Side Rear 35 ft. 20 ft. 35 ft. (F) Height requirements. There shall be no maximum height limits in the A-1 District, provided, however, that any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required setback lines. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747,6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 5028, 6-19-07; Ord. 5128, 415-08; Ord. 5195, 11-6-08; Ord. 5238, 5-5-09) G: IETCIDevelopment Services Review120101Development Review110-3613 RZN 5989 E Huntsville Road103- Planning Commission108-30- 101Comments & Redlines August 30, 2010 Planning Commission RZN 10-3613 Watson Agenda Item 2 Page 7 of 36 174.10 On -Site Freestanding Signs It shall be unlawful to erect any freestanding sign which total height is greater than 30 feet above the level of the street upon which the sign faces. For any sign located closer to street right-of-way than 40 feet, the maximum height shall be reduced one-half (1/2) foot for each foot of setback less than 40 feet. On -Site Freestanding signs shall be permitted to be erected in the city subject to the following: (A) RADistrtc€ (1) Number of,signs. ;:Only one on-site freestanding sign shalhbe,pemutted on aaot,or at a business opera mg on two„or:more adibming lots. (2) Display surfacearea. Display surface area shall not exceed 16•square feet. (3) Illuripatton,•Sign may be illuminated by indirectillummatron'only• , (4) Setbac* from right-of-way. Sign shall be setback 35 feet from existing street right=of-way,and, 25 feet from any R•41. (B) RSF, RT and Neighborhood Commercial Districts. Except pursuant to §174.03 (C), (H) and (J), freestanding signs shall be prohibited and no freestanding signs shall be erected in RSF, RT and Neighborhood Commercial Districts of the City. (C) R -O and KEW Districts. One freestanding sign shall be permitted on a lot or parcel zoned RMF or R -O subject to the following restrictions: Display surface area. The maximum display surface area shall not exceed four (4) square feet; Setbackfrom right-of-way. The sign shall be setback a minimum of 15 feet from street right-of-way. Height. The height of the sign shall not be greater than six (6) feet above the level of the street upon which the sign faces. (4) Setbackfrom R District. The sign shall be setback a minimum of 25 feet from the boundary of any RSF District and 15 feet from all other zoning districts. (5) Illumination. The sign shall be illuminated by indirect illumination only. (6) In lieu of the above freestanding sign, one freestanding bulletin board of up to ten square feet may be installed in an RMF district pursuant to the above requirements and § 174.03 (P). (D) C Districts. (1) Number of signs. Only one on-site freestanding signs shall be permitted on a lot, at a shopping center, or at a mall; provided only one on-site freestanding sign shall be permitted for any business operating on two or more adjoining Tots. (2) Freestanding signs. Freestanding signs shall be subject to the following: (a) Display surface area. Display surface area shall not exceed 10 square feet; provided, the display surface area may be increased two (2) square feet for each one (I) foot the sign is setback from street right- of-way beyond 15 feet, provided further, the maximum display surface area for a sign which is setback from street right-of-way 40 feet or more shall be 75 square feet. G:IETCI Development Services Review120101Development Review110-3613 RZN 5989 EHuntsville Roath03- Planning Commission108-30- 101Comments & Redlines August 30, 2010 Planning Commission RZN 10-3613 Watson Agenda Item 2 Page 8 of 36 (3) (b) Setback from right-of-way. Setback shall be a minimum of 15 feet from street right-of-way. (c) Setbackfrom adjoining property. Setback shall be a minimum of 25 feet from the boundary of any adjoining property. Joint identification sign. The display surface area of joint identification signs may be increased to one square foot per 500 square feet of gross leaseable building area over 37,500 square feet located, as approved by the Planning Division, at no more than two (2) remote entrance locations. The permit applicant shall provide a recorded legal document as approved by the Planning Division indicating ownership and responsibility for maintenance of sign and subject to the following: (a) R Districts. Prohibited. (b) R -O District. Monument sign permitted with a maximum display surface area of32 square feet. (c) C and I Districts. Display surface shall not exceed 300 square feet. (d) Size limitation for freestanding sign if business displayed on joint identification sign. If a business name or logo is placed upon ajoint identification sign, that business's freestanding sign may not exceed 32 square feet. (E) 1 Districts. (1) Number of signs. Only one on-site freestanding sign shall be permitted on a lot, at a shopping center, or at a mall; provided only one on-site freestanding sign shall be permitted for any business operating on two or more adjoining lots. (2) Freestanding signs. Freestanding signs shall be subject to the following: (a) Display surface area. Display surface, area shall not exceed 10 square feet; provided, the display surface area may be increased two square feet for each one foot the sign is setback from street right-of-way beyond 15 feet; provided further, the maximum display surface area for a sign which setback from street right-of-way 40 feet or more shall be 75 square feet. (b) Setbackfrom right-of-way. Setback shall be a minimum of 15 feet from street right-of-way. (c) Setbackfrom Adjoining property. Setback shall be a minimum of 25 feet from the boundary of any adjoining property. (F) P Districts. One Freestanding sign or bulletin board may be erected. (G) Area signs. (1) Size/location. The size and location of the fence, wall, or other structure which will contain the area identification sign must be approved by the Planning Division, who will approve such structure upon the criterion of traffic safety sight lines. (a) Areas with more than one entrance may not have a sign at more than two locations. (b) An area sign with display on one side located on each side of an entrance street may be substituted for a single sign with display on both sides. G: IETCIDevelopment Services Review120101Development Review110-3613.RZN5989 E Huntsville Road103- Planning Commission108-30- 101Comments & Redlines August 30, 2010 Planning Commission RZN 10-3613 Watson Agenda Item 2 Page 9 of 36 (2) Display surface area. (a) A, P, R, and R -O Districts. Display area shall not exceed 32 square feet. (b) C and I Districts. Display area shall not exceed 75 square feet. (1-1) Monument signs Amontrmentsignshallbesetbackaminimumof10feetfromthestreetri from ad) oinmgnon-residenhal property and 25 feet from' adjoiningresidential property and* beau free standing,signpermrttedby§ 174,10, providing•the, display surface area meets the-.fo`llowing way, l0 feet itiitedfor a (1) Neighborhood and RSFDistricts Prohibited on individual lots. (2) Other esidential drstricIsThe display surface shall not exceed 16 square feet. (3) R -A and P Districts. The display; surface area shall, not exceed 32 square feet. (4) C and I Districts: ,The display surface area shall not exceed 75 square feet. (Code 1965, §178-9, Ord. No. 1893,12-19-72; Ord. No. 3008, 5-1-84; Ord. No. 3029, 8-21-84; Ord. No. 3294,9-15-87; Code 1991, §158.47; Ord. No. 4100, §2 (Ex. A), 6-16-98); Ord. No. 4226, 2-15-00; Ord. 4972,1-16-07; Ord. 5088, 12-04-07) G: IETCIDevelopment Services Review120101Development Reviewl10-3613 RZN 5989 EHuntsville Road103- Planning Commission108-30- 101Commenis & Redlines August 30, 2010 Planning Commission RZN 10-3613 Watson Agenda Item 2 Page 10 of 36 Source: Davidson, Michael and Dolnick, Fay. A Planners Dictionary. American Planning Association. 2004. ■ spot zoning (See also floating zone) [A] change in district boundaries, variances, and other amendments to the zoning code and use and area maps that violate sound principles of zoning and are characterized by the following: (a) Individuals seek to have property rezoned for their private use. (b) Usually the amount of land involved is small and limited to one or two ownerships. (c) The proposed rezoning would give privileges not generally extended to property similarly located in the area. (d) Applications usually show little or no evidence of, or interest in, consideration of the general welfare of the public, the effect on surrounding property (including adequate buffers), whether all uses permitted in the classification sought are appropriate in the locations proposed, or conformity to the comprehensive plan or to comprehensive planning principles (including alterations to the population density patterns and increase of load on utilities, schools, and traffic.) (Coral Gables, Fla.) The zoning of a small land area for a use which differs measurably from the zoned land use surrounding this area. Land may not merely be so zoned in the interest of an individual or small group, but must be in the general public interest. Such zoning does not conform to the future land use plan and. is not otherwise necessary in order to protect the health, safety, welfare, or morals of the community. (Hot Springs, Ark.) A change in the zoning code or area maps that is applicable to no more than a few parcels and generally regarded as undesirable or illegal because it violates equal treatment and sound planning principles. (Wisconsin Department of Natural Resources) Rezoning a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses and not for the purpose or effect of furthering the comprehensive plan. (Temple, Tex.) An arbitrary zoning or rezoning of a small tract of land, usually surrounded by other uses or zoning categories that are of a markedly or substantially different intensity, that is not consistent with the comprehensive land use plan, and that primarily promotes the private interest of the owner rather than the general welfare. (Norfolk Nebr.) G: I ETCIDevelopment Services Review120101Development Review110-3613 RZN 5989 EHuntsville Roadl03- Planning Commissian108-30- /01Comments & Redlines August 30, 2010 Planning Commission RZN 10-3613 Watson Agenda Item 2 Page 11 of 36 Planning Commission July 26, 2010 Page 6 of 9 RZN 10-3613: Rezoning (WATSON/5989 E. HUNTSVILLE, 611): Submitted by MARIE WATSON for property located at 5989 E. HUNTSVILLE ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.50 acre. The request is to rezone the subject property to R -O, Residential Office. Andrew Garner, Senior Planner gave the staff presentation giving the background for the flea market on the property that is located in the county, and the applicant's request to rezone the property to allow for a sign. Tom Watson, applicant, gave the background of the property and the proposed business and the need for a sign. Re -zoning is the only option in order to have a sign. He stated he could make the re -zoning area smaller if needed. No public comment was received. Commissioner Lack asked about the R -A, Residential Agricultural zoning. Garner discussed the background for the proposed R -O zoning and staff and the applicant's discussions. Commissioner Kennedy noted that the Future Land Use Map shows this to be rural. He said that he thought the R -A zoning makes sense. Kit Williams, City Attorney, stated that the applicant may want to table to include enough land to meet R -A requirements. Commissioner Hoskins discussed that R -A is a down -zone and would be limiting the applicant's development rights. Commissioner Cabe said that he would be okay with a narrow sliver of land rezoned to allow a sign. Williams thinks that philosophically it would be a bad idea to have a small sliver rezoned for a sign. The sign ordinance is based on the zoning district. Commissioner Earnest discussed that he could not support a spot -zone. Commissioner Honchell asked if the sign would be located under a power line. Tom Watson, applicant, described where the sign would be proposed. Commissioner Bunch discussed existing signs along this area of Huntsville Road that are non- conforming. Williams discussed the history and intent of the sign ordinance, and concerns with going down this August 30, 2010 Planning Commission RZN 10-3613 Watson Agenda Item 2 Page 12 of 36 Planning Commission July 26, 2010 Page 7 of 9 road of rezoning a small piece of property for a sign as it would weaken the sign ordinance. Commissioner Kennedy discussed that he was ready to make a motion to table to give the applicant and staff an opportunity to work through all of these issues. Commissioner Hoskins asked about the sign ordinance and setbacks. Garner read through the regulations out of UDC Chapter 174, describing the requirements for free- standing signs in the R -O zoning district. Commissioner Chesser asked about a height regulation in the county? Watson discussed that they were permitted a sign on their flea market property by the county as part of the conditional use permit approval. Motion: Commissioner Kennedy made a motion to table. Commissioner Chesser seconded the motion. Garner asked for clarification on why the item is being tabled and what direction the commission has for the applicant. Hoskins answered that he doesn't think the R -O zoning request will go through at city council, R -A may not be in the applicant's best interest; he is suggesting an amendment to the proposed rezoning. Earnest is concerned that this is a spot -zone and suggested that the sign ordinance be modified. Lack discussed that several options were discussed such as rezoning a small sliver of property just for the sign, and rezoning a large piece of property to R -A. Upon roll call the motion to table this item indefinitely was passed with a vote of 8-0-0. August 30, 2010 Planning Commission RZN 10-3613 Watson Agenda Item 2 Page 13 of 36 To Fayetteville Planning Commission, I have complied with the suggestions of both the planning commission, the city attorney and planning staff and now wish to rezone the entire front part of my property at 5989 East Huntsville Road that lies within the Fayetteville city limits to RA. This is one piece of property that has two parcel numbers due to the fact that it lies part in the county and part in the city. Thomas D. Watson 479-601-2189 thosdw@cox.net RECEIVED AUG 0 5 2010 CITY OF FAYETfEVILLE PLANNING DIVISION August 30, 2010 Planning Commission RZN 10-3613 Watson Agenda Item 2 Page 14 of 36 Rezoning Checklist 5) A. Current ownership information and any proposed or pending property sales. This property is currently owned by Thomas D- and Ellen Marie Watson And there are no sales pending or anticipated. We live on the property and plan to stay here. B. Reason (need) for reqnesting the zoning change. We operate a flea market (The Place) on the back part of the property, which is in the county(over three hundred feet from the highway) and we need a sign for our business that is close to the highway, in order for customers to find us. C. Statement of how the proposed rezoning will relate to surrounding properties in terms of land use, traffic, appearance, and signage. We do not feel that there will be any adverse effects on the neighborhood because of the sign. We wish to put up a monument type sign that is aesthetically pleasing to the surrounding area_ Many of our neighbors have stopped by and stated how pleased they are with how we have improved the property. We have no desire to do anything that will distract from the neighborhood, as we live on the property. D. Availability of water and sewer (state size of lines). This information is available from the City Engineering Division. We are on both Fayetteville water and sewer and have no plans to upgrade anything, with the possible exception of adding a restroom in the flea market. We currently have a restroom in the Cat Spa (in the building connected to the front of the flea market), which we allow people to use, if they ask. E. The degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. There are several commercial properties on the highway to the west of our property and also to the east of our property. The properties directly adjacent to ours are residential. As we have no plans and no desire to build anything on the property, we do not feel that placing a sign on the property will have any adverse effect. August 30, 2010 Planning Commission RZN 10-3613 Watson Agenda Item 2 Page 15 of 36 F. Whether the proposed zoning is justified and/or needed at the time of the request. The zoning is needed at this time due to the fact that there seems to be no other way to put up a sign to bring customers to our business. We have people who drive by daily who say that they had not noticed our place. Also people coming from Fayetteville and other areas need a sign to find us. This business is critical to our financial well-being at this time as one of our sons forced us out of another business and left us with limited income. Our original plan was to put a small manufacturing business in the building where the flea market is now located. G. Whether the proposed zoning will create or appreciably increase traffic danger and congestion. We do not feel that the rezoning will create any more traffic or congestion. A substantial portion of our customers live in the Elkins area and drive by here daily already. There is good visibility in both directions from our driveway and cars can tum around and head out of our driveway_ If. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public services, water, and sewer facilities. Placing a sign on the property will have absolutely no impact on any of these services. L Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification. The City of' Fayetteville does not allow for a sign of appropriate size in a residential classification. August 30, 2010 Planning Commission RZN 10-3613 Watson Agenda Item 2 Page 16 of 36 August 30, 2010 Planning Commission RZN 10-3613 Watson Agenda Item 2 Page 17 of 36 To Fayetteville Planing Commission. i Thomas D. Watson and my wife Ellen Marie Watson, owners of the property at 5989 East Huntsville Road, Fayetteville, Arkansas 72701 (Parcel # 765-13I50-000) Request a rezoning of this property, in order that we may construct a sign in conjunction with our flea market located behind this property at 5975 -East -Huntsville Road, -Fayetteville, Ark-ansaa2a-01 (Parcel # 001 10791-000)—The property is. currently zoned RSF-4. The flea market is located outside the city limits in Washington County. We would like to place the sign on the front part of the property to allow people to find our business. Our business is located approximately 350 feet from the highway and a sign near our building would be ineffective for people to find us. The flea market is low impact and compatible with the neighborhood. We bought this property approximately five years ago, and our original plan was to put up a building to house our manufacturing business. However, three years ago one of our sons who worked with us in the business locked us out and took over the business. This was after we had paid off all the debt of the business, from the proceeds from selling our other properties, and after we had worked for three and a half years making the business profitable. For the manufacturing business there was no need for a sign. Since we were left with a huge debt and no income, we decided to open a flea market in the building. My wife is disabled and cannot work outside of the property due to cancer surgery she had six years ago. We have invested everything we have in this project and it is crucial that we be able to put up a sign to identify our business. We do not feel that a sign in this area would cause any adverse aesthetic problems for the neighborhood. We do not desire to make any changes to the property other than put up a sign. We live on the property and it is our desire to keep the area attractive and to be a good neighbor. Many people in the area have stopped and told us how much they appreciate how we have cleaned up the property, and improved it since we have been living here. The area that we are requesting to be rezoned is too small to build on, as it has utility easements on both the front and back of the section to be rezoned. Therefore, there is no way that we will be able to build anything on this piece of property at a later date. We desire only to put up a sign. Thomas D. Watson August 30, 2010 Planning Commission RZN 10-3613 Watson Agenda Item 2 Page 18 of 36 AGENDA WASHINGTON COUNTY PLANNING BOARD ZONING BOARD OF ADJUSTMENTS May 6, 2010 5:00 pm, Quorum Court Room, New Court House Fayetteville, Arkansas ATTENTION: At the time of this meeting, the County Courthouse parking deck will be under demolition. To accommodate parking for after-hours meetings there will be two (2) ADA parking spaces at the southwest corner of the Courthouse (as you enter the southern drive off of College Avenue). These ADA spaces are open only for evening meetings. Also, regular parking in the area near the Courthouse will be available for evening meetings. The public entrance to the Courthouse will be located on the east side of the building on the ground floor. 1. Roll Call 2. Approval of the minutes (from the March 18, April 1, and April 8, 2010, meetings) 3. Approval of the agenda 4. New Business LAND DEVELOPMENT HEARINGS County a. Brazell Minor Subdivision (Private Road Development) Preliminary and Final Plat Approval Request Location: Section 13, Township 15 North, Range 30 West Owner/Developer: Robert Brazell Engineer/Surveyor: Blew and Associates, Buckley Blew Location Address: 14158 and 14168 Wallin Mountain Road, West Fork, AR 72774 20.0 acres and 2 Lots / Proposed Land Use: Residential Coordinates: long: 94°7'5.496"W lat: 35°58'51.428"N Project #: 2010-038 Planner: Courtney McNair, e-mail at cmcnair@co.washington.ar.us County b. Long Minor Subdivision This item will be tabled at the request of the applicant (2) Preliminary and Final Plat Approval Request Location: Section 31, Township 14 North, Range 30 West Owner/Developer: Gerald Long Engineer/Surveyor: Bates & Associates, Inc. Location Address: 10196 (10230 and 10266 are also listed) Landelius Road Total Acreage / Proposed Lots: 18.66 acres and 4 lots Proposed Land Use: Residential Coordinates: 94°12'52.024"W 35°51'7.797"N Project #: 2010-002 Planner: Jessie Pettit, e-mail at jpettit@co.wasbington.ar.us August 30, 2010 Planning Commission RZN 10-3613 Watson Agenda Item 2 Page 19 of 36 ITIONAL USE PERMIT HE • NGS Fayetteville Planning Area c. "The Place" (where treasures are found) Conditional Use Permit Request Location: Section 20, Township 16 North, Range 29 We Owner/Developer: Thomas and Marie Watson Engineer/Surveyor: none Location Address: 5975 East Huntsville Road (Hwy 16), F.yetteville, AR 72701 2.2 acres and 1 unit / Proposed Land Use: Flea Market Coordinates: long: 94°4'30.872"W lat: 36°2'43.735 Project #: 2010-045 Planner: Courtney McNair, e- • 11 at cmcnair@co.washington.ar.us $ri3tgdale Planning Area d. Leisurescapes,£UP Conditional Use Permit Request Location: Section 17, Township 17 North, Range 29 West Owner: Arvest Bank, 415 W Emma, Springdale, AR 72764 Developer: Leisurescapes, Inc. Location Address: 3004 Hunters Ridge Road, Springdale, AR 72763 6.94 acres and 1 lot Proposed Land Use: Landscaping and Irrigation Design Business Project #: 2010-40 Coordinates: 94° 5'49.653"W 36° 8'31.787"N Planner: Juliet Richey, e-mail at jrichey@co.washington.ar.us Springdale Planning Area e. Leisurescapes, Inc. CUP (2) Conditional Use Permit Request Location: Section 17, Township 17 North, Range 29 West Owner: Community First Bank Developer: Leisurescapes, Inc. Location Address: 4652 Butterfield Coach Rd., Springdale, AR 72763 3.12 acres and 1 lot Proposed Land Use: Landscaping and Irrigation Design Business Project #: 2010-046 Coordinates: 94° 5'43.76"W 36° 8'32.778"N Planner: Juliet Richey, e-mail at jrichey@co.washington.ar.us 5. Old Business 6. Other Business • Discussion of March and April Wind Subcommittee Meetings. Where do we go from here? • Short Synopsis of Current Development (information will be distributed at meeting). • Planning Staff (Juliet Richey and Jessie Pettit) attended the National APA Conference in New Orleans. Juliet Richey attended the Arkansas Floodplain Management Spring Workshop in Jacksonville, AR. • Any other Planning Department or Planning Board business August 30, 2010 Planning Commission RZN 10-3613 Watson Agenda Item 2 Page 20 of 36 s 0 C e $ry y 0 a M • t rdC N v � r M-cn . u tri n' ty ✓� r -4 u 6G C u- 0 L y y -b U m L � G c -c A 4 _ y . ? v ‘,et p ! D F®? [b pq V \v M t; 4- L 0 0 0 l7 u VEST: Conditional Use Permit (CUP) approval for a W x CURRENT ZONING: Project does lie within the County Zoned area (Agriculture/Single-Family Residential 1 unit per acr PLANNING AREA: This project is located in the City of Fayetteville's Planning Area. SCHOOL DISTRICT: Fayetteville FIRE SERVICE AREA: Round Mt. 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N L (1 f .0 n U C G N y T 10 L f/1 N L CL ao Lm NDN Y)NN> E t2 o.� iii '-o- Nm mL amim O 20 2 doo Z¢LE }ir._a 0 CO0 August 30, 2010 Planning Commission RZN 10-3613 Watson Agenda Item 2 Page 25 of 36 N a O) w ° C C O) ca D_ -O 10- 5 L = _L D) C - N - d 3 a)E 3 a) 0) n a) C V (0 c- ,+ 0 ° .+ j U E ° a Q N 0)- E_-0 E N o_ C p co E .) o- a L N=o = °>». N O a) 2 0 (ytl 0 o C w0 C ;6, O C al a) .. c _ O O N a °) °a E c Ea a ccoo 3 E- 0 C n a o y t n N O O ° N (3 O N L" O y CO C Q) ;O N G1 n L _ O C T 0) V -° C Y U) j 0 — C N 00 U L o. m E E am ca U) � 0 'o 3 03 (0 0)m 'Toa y N0 a) N - O_ co O O .Oo E O O (.0 O a) 2 O 0 0) a) (Cp N O c - 0 a C C N O 4 (0 L. m C a N '= L N °i N co a) CO N .-. P N h .� `° a) ° ,� ° E o o E o) m N "' N 0 a; y p — O CT? D O O N = 0>, 7 c N P1 a) ... C -Co a L c C LO N (0. C) = O O) (0 O a O a m O Q - D O 0. N N a T N LY U y a) L a +>. a1 D_ ti, C N N C _ O a) O �' L N r LLal L o a3 t CO 0? 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N W W E N .Z U v a - O F co co C 0- omE `mt L' EEa ° OL ml ti En rnrnm> uODCE0 onoE F UO�Uu m.=ca`)E,NEo c o c E A Q ❑ a¢ m o) o - E N —• Q o a o m l— ,c .c+ D y Q Q u°i Q N w. N .� w �a � a m o a' 3 vv a o 0 00—oz2 3 n w o z Q a) 1.) 2= (v .fl0 2.(d n o tit0 CC N G_ u_ < O cn 75 August 30, 2010 Planning Commission RZN 10-3613 Watson Agenda Item 2 Page 26 of 36 and must remain in place while this business is in T N ay a) 0 O. x E', o o a 01 0' n co 0 C .0 Y O co c o. E N a N I- E E a a O c d 0 co a Y If/ a c a) E O O. C c m o .(0 2 co 15 O 0 hi U L = O O N Y oa a)N 3 a) 0 c v a) N 03 a) O > o a 2 c Pi 0 O C 0- 9 v co ,0) O. 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L D 'O) O O 0:50) c> 10 a) a'= (0c L 5 - an >. 0 N 0 07 O _.... 0 3 E c taco 0 Ea— p ro c c >, 00 o c N — N ..-iLn OL Uc O L 0 c- O >N (0 O a7 Ca n U () r0 c mo >, _,o_cocco O 0. co ccoo N c0 0- E >. n0 p.. ` >, co ..c c 0 0 n bo -p--E23 TE 10 ,...o) ',0 mo m Sr O O O c U a O a) 2 N N D- 0 QO?.0Nd 8 -co _a L T >._ N O 0,T) a) d 3 N d 0-2 O N N a) c EEEmLIlaEi`Y° .3 JD Tc m o 2 o aw c E E a N 0 O N a m a E m o 01 c ,c a c0 O co a) = N O) -o N C 0 , 0 al U n 2 C a) a Li O L c 0 O U c cu 3 r• - ` N 0 701 3 a 0 0 — .o E mo3 cNo J NN ca) � ), a p)N zcinc4H-.C•�0010QZQO¢F› It p-- Wo O W d 0 ZONING BOARD OF ADJUSTMENTS ACTION: August 30, 2010 Planning Commission RZN 10-3613 Watson Agenda Item 2 Page 27 of 36 To Whom it may concern, We are opening a flea market on our property at 5975 East Huntsville Road in Fayetteville, Arkansas 72701. Initially, we will use approximately 5600 square feet of a 9400 square foot building for the flea market, with 90- 4'X8' booths and 20- 4'X 8' shelving units and may expand into the full 9400 square feet later if demand justifies it and add approximately 60 more booths. We rent the booths and shelving units to individual ve-ndurscwho display -their goods -in -them, and-we-eoilect the eney-from customers and pay the vendors each month. The vendors leave their goods in the booths, but they are not present .during the day. The vendors come in and check their booths once a week. My wife and I are the only employees of the business. We have no other employees. Our hours of operation are from 10:00 AM to 6:OOPM Monday through Saturday and 2:00 PM to 6:00 PM on Sunday. Traffic should be 30 to 50 cars per day with 6 to 8 cars at any one time. We would also like to put up a sign of some type visible from the highway. Approximately 4' X 8' monument or pole type sign and or maybe a banner or some type of sign mounted to the front of the building We feel like this use is compatible with the area, as there was a commercial slaughter house operated on this property from 1960 until we moved in in 2005. There was also a flower and shrub nursery and a flea market on the property prior to our purchasing it in 2005. West of our property on Huntsville Road is White River Nursery. Next door to the nursery is a convenience store which is closed down. Across the street is a mobile tire service. East of our property is a liquor store and a welding shop. We also have a cat boarding business in the block building in the front of the flea market. We have taken great pains to clean up the property, which was in a very run down condition when we bought it. We tore down several structures which were an eyesore and replaced them. Our parking area is gravel and we are not adding any hard surface to the property. We have been careful to comply with all applicable building codes. We have had numerous people from the surrounding area stop by and say that the property looks better than it has ever looked, and compliment us on how well we keep the property looking. Our desire is to be good neighbors and keep the property aesthetically pleasing, as we live on the property and wish to have an attractive place to live. My wife is disabled and we wish to generate enough income to stay on the property and earn a comfortable living. Tom and Marie Watson amu, nc n A \. a u.. . C-`1 RECEIVED BY APR 0 6 2010 WASHINGTONG COUNTY PLAN August 30, 2010 Planning Commission RZN 10-3613 Watson Agenda Item 2 Page 28 of 36