HomeMy WebLinkAbout2003-07-28 - Agendas - Final FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS 125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
AGENDA FOR A REGULAR MEETING OF
THE PLANNING COMMISSION
A meeting of the Fayetteville Planning Commission will be held Monday July 28, 2003 at 5:30
p.m. in the City Administration Building, 113 West Mountain Street, Room 219, Fayetteville,
Arkansas.
Roll Call
The following items will be considered:
Consent Agenda:
Approval of minutes from the July 14,2003 meeting.
Old Business:
1. RZN 03-22.00: Rezoning (Pope,pp 136) was submitted by Ronny and Karen Pope
for property located at 1750 E Zion Road. The property is zoned R-A, Residential
Agricultural and contains approximately 2.0 acres. The request is to rezone the
property R-O (Residential Office).
New Business:
2. ADM 03-19.00: Administrative Item (CUP 99-25.00)was submitted by Donald and
Beverly Donner for property located at 2405 N. Old Wire Road.. The property is
zoned RSF-4 (Residential Single Family-4) and contains approximately 0.69 acres.
The request is to amend CUP 99-25.00 for the requirement for sidewalk construction
along Township Street and Old Wire Road due to site constraints and allow for a
cash-in-lieu fee to be deposited with the City of Fayetteville for.future construction of
said sidewalk.
3. ADM 03-20.00: Administrative Item(Martin CU94-15) was submitted by Robert
Martin for property located at 610 Overcrest Street. The property is zoned RSF-4
(Residential Single Family-4) and contains approximately eleven acres. The request is
to amend Condition of Approval 42 for a lesser amount of right-of-way dedication
than approved by Planning Commission for CU 94-15.00 that allowed creation of a
tandem lot.
4. LSD 03-18.00: Large Scale Development(Mitch Massey, pp 363) was submitted
by Brett Watts of Engineering Design Associates on behalf of Mitchell Massey for
property located in Lot 6, Pine Valley S/D Ph. V. The property is zoned RMF-24,
K.UGENDAP0200317-28-03.DOC
Residential Multi-family, 24 units per acre (R-2, Medium Density Residential) and
contains approximately 1.90 acres. The request is to build a two story 4-plex with 3
bedrooms each for a total of 12 bedrooms.
5. RZN 03-25.00: Rezoning (Freeman,pp 678) was submitted by Marvin and Dora
Freeman for property located at 2848 and 2856 South School Avenue (Lots 1 & 2,
Blockl in the Country Club Addition). The property is zoned RSF-4,Residential
Single-family,4 units per acre. The request is to rezone the two lots to R-O,
Residential Office.
6. RZN 03-26.00: Rezoning (McDougall, pp 398)was submitted by Douglas
McDougall for property located at 1187 51"Avenue (Lot 9 in Hamestring South
Addition). The property is zoned R-A, Residential Agricultural. The request is to
rezone the lot to RSF-4, Residential Single-family-4 units per acre.
7. Report from Bylaw Review Committee
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments 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.
Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour notice is required.For
further information or to request an interpreter,please call 575-8330.
K.UGENDAIP0200317-28-03DOC
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item—Chairman
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Response by Applicant/Questions &Answer with Commission
F. Action of Planning Commission(Discussion& Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Planning Commission on an agenda item raise your hand when
the Chairman asks for public comment. He will do this after he has given Planning
Commission members the opportunity to speak and before a final vote is taken. Public
comment will only be permitted during this part of the hearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give
your name and address. Address your comments to the Chairman, who is the presiding
officer. He will direct them to the appropriate appointed official, staff member 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.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions
of the Planning Commission.
2003 Planning Commissioners
Nancy Allen
Jill Anthes
Don Bunch
Alice Church
Bob Estes
Sharon Hoover
Alan Ostner
Loren Shackelford
Christian Vaught
e
FAYETTEVILLE PC Meeting of July 14, 2003
THE CITY OF FAYETTEVILLE,ARKANSAS
113W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn Warrick, AICP, Zoning&Development Administrator
THRU: Tim Conklin,AICP, Community,Planning& Engineering Services Director
DATE: July 8, 2003
RZN 03-22.00: Rezoning (Pope,pp 136) was submitted by Ronny and Karen Pope for property
located at 1750 E Zion Road. The property is zoned R-A, Residential Agricultural and contains
approximately 2.0 acres. The request is to rezone the property R-0 (Residential Office).
RECOMMENDATION:
Staff recommends denial of the requested rezoning based on the findings included as part
of this report.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: July 14,2003
CITY COUNCIL ACTION: Required YES
O Approved O Denied'
Date: Aueust 2003 (L`readinslif recommended))
BACKGROUND:
Property description.: The subject property is located at 1750 E. Zion Road. There is a three
bedroom single family home on the 2 acre tract currently. Surrounding property includes
undeveloped property to the north, a topsoil excavation operation to the east, single family home
to the west and south, across Zion Road are multi-family dwellings. While there is a mixture of
land uses located on the south side of Zion Road,the north side has remained primarily
residential as it is proposed to be according to Fayetteville's Future Land Use Map.
Proposal: The applicant proposes to use the existing structure on this property and to convert it
to an accountant's office. The outward appearance of the structure would remain the same with
some possible improvements to the driveway and access point onto Zion Road.
K:Weports120031PC REPORTY07-14-zn03-22—popedoc July 28,2003
Planning Commission
RZN 03-22.00(Pope)
Page 1.1
Request: The request is to rezone the subject property from R-A, Residential Agricultural to
R-O,Residential Office.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Vacant R-A,Residential A icultural
South Multi-family residential RMF-24
East Excavation/Top soil operation R-A,Residential Agricultural
West Single family residential R-A,Residential Agricultural
INFRASTRUCTURE:
Streets: Access to the subject property is from Zion Road along the south property line.
Zion Road is designated a collector on the Master Street Plan. The street in this
location is not constructed to City standards for a collector street. There is no
curb, gutter or storm drain. The ditches on either side of the street are fairly steep
and the north side of the street is overgrown with vegetation.
Water: Water is currently available to the site and connected for the existing structure. A
12"water line is located on the south side of Zion Road.
Sewer: Sewer is available and connected for the existing structure. An 8" sewer line runs
along Zion Road.
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to R-O, Residential Office,is not consistent with the land use plan and is not compatible with
surrounding land uses in the area.
ZONING REVIEW TEAM
Comments from the members of the Zoning Review Team toured this site on Tuesday, July 1,
2003. Access and traffic concerns were voiced by all. The nature of a change of use in this
location as relates to the surrounding properties and the city's adopted Future Land Use map was
also discussed. Comments from team members are attached to this staff report. These comments
were a basis for the required analysis and recommendation for this rezoning request.
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 requested zoning is not consistent with the adopted General Plan. This
area is designated Residential on the Future Land Use map which guides
decisions regarding changes in land use and zoning. The R-O district has
been used as a transition in areas called out to be Residential, however the
K..-IReports12003PCREPORTS109-141rzn03-22popedoc July 28,2003
Planning Commission
RZN 03-22.00(Pope)
Page 1.2
subject property is not located in a transitional area between single family
residential and higher density or commercial areas. A change in the zoning
designation of the subject property to a district other than single family
residential (which would reflect the current land use)would present a spot
zoning unless it was a larger development proposal that could be reviewed
through a planned zoning district process allowing for consideration of
surrounding uses and infrastructure needs.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is not needed in that there are other properties within
this general area that are already zoned or identified by the Future Land Use
map to be developed with office uses.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning would increase traffic danger in this area. The current
condition of Zion Road is not desirable. Sight distance, a poorly configured
access drive and the narrow width of Zion Road in this area all affect this
site. Any increase in traffic would be detrimental without improvements to
the street.
4. A determination as to whether the proposed zoning would alter the population density
and thereby undesirably increase the load on public services including schools,water, and
sewer facilities.
Finding: The proposed zoning will not alter population density unless a conditional
use is requested in the future for multi-family dwellings in the R-0 district.
This would require Planning Commission approval and staff review.
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: N/A.
K:1Reports120031PC REPORTS107-141rzn03-22popedoc July 28,2003
Planning Commission
RZN 03-22.00(Pope)
Page 1.3
Response to Adequacy of Public Facilities for Rezoning Proposals
(Engineering Review)
The Planning Commission bylaws identify five findings that the Planning Commission must
make in order to determine the appropriateness of proposed zoning. Two of those findings
pertain to other departments. The Fayetteville Planning Division is requesting your assistance in
making those findings.
We have received an application for the following rezoning request(s). We ask that you make
findings on these proposals with regard to the services you provide. Please address the findings
provided in italics.
1. RZN 03-22.00:Rezoning(Pope, pp 136) was submitted by Ronny and Karen
Pope for property located at 1750 E Zion Road. The property is zoned R-A,
Residential Agricultural and contains approximately 2.0 acres. The request is to
rezone the property R-O (Residential Office).
a. 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.(Public Works
Director, Fire, Police)
The property currently has access to a 12"water line along Zion Road. This line should
be sufficient to provide water service to the existing facility as well as redevelopment of
the site.
Sewer service is located directly across Zion Road from this site. The 8" main should be
sufficient to provide sewer service to the existing facility as well as redevelopment of the
site.
If development occurs on this site,Zion Rd.would need to be improved to a minimum
of 14' from centerline including pavement, curb and gutter,storm drains and sidewalk.
Sight distance on Zion Rd. appears to be a problem for the current location of the
driveway and the dense growth along Zion Road.
The property currently has access to a 12"water line along Zion Road. This line should
be sufficient to provide water service to the existing facility as well as redevelopment of
the site.
Sewer service is located directly across Zion Road from this site. The 8"main should be
sufficient to provide sewer service to the existing facility as well as redevelopment of the
site.
K.Repom120031PC REPORTS107-141rzn03-22-popedoc July 28,2003
Planning Commission
RUN 03-22.00(Pope)
Page 1.4
If development occurs on this site,Zion Rd.would need to be improved to a minimum
of 14' from centerline including pavement, curb and gutter, storm drains and sidewalk.
Sight distance on Zion Rd.appears to be a problem for the current location of the
driveway and the dense growth along Zion Road.
K:IReporu120031PC REPORTS107-146zn03-22popedoc July 28,2003
Planning Commission
RZN 03-22.00(Pope)
Page 1.5
161.03 District R-A,Residential- exceeds the height of 15 feet shall be
Agricultural setback from any boundary line of any
residential district a distance of 1.0 foot for
(A) Purposes.The regulations of the agricultural each foot of height in excess of 15 feet.
district are designed to protect agricultural Such setbacks shall be measured from the
land until an orderly transition to urban required setback lines.
development has been accomplished; (G) Building area. None.
prevent wasteful scattering of development
in rural areas; obtain economy of.public (Code 1965, App. A., Art. 5(l); Ord. No. 1747, 6-29-70;
funds in therovidin of public Code 1991, §160.030; Ord..No. 4100, §2(Ex.A), 6-16-98;
improvements and services of orderly
p P Ord.No.4178,.8-31-99)
growth; conserve the tax base; provide
opportunity for affordable housing, increase
scenic attractiveness; and conserve open
space.
(E) Uses.
(1) Permitteduses.
Unit 1 City-Wide uses by right
Unit 3 Public protection and utility facilities
Unit 6 A ricukure
Unit 7 Animal husbandry
Unit Single-family dwellings
Unit 9 Two-family dwellings
Unit 37 Manufactured homes.
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit Cultural and recreational facilities
Unit 20 Commercial recreation,large sites
Unit 24 -Home occupations
Unit 36 Wireless communications facilities
(C) Density.
Units per acre One-half
(D) Bulk and area regulations.
Lot width minimum 200 ft.
Lot Area Minimum:
Residential: 2 acres
Nonresidential: 2 acres
Lot area per dwelling unit 1 2 acres
(E) Setback requirements.
Front Side I Rear
35 ft. 20 ft. 1 35 ft.
(F) Height requirements. There shall be no
maximum height limits in the A-1 District,
provided, however, that any building which
July 28,2003
Planning Commission
RZN 03-22.00(Pope)
Page 1.6
161.15 District R-O,Residential Office
Manufactured home 3,000 sq.ft.
(A) Purpose. The Residential-Office District is Townhouses &
apartments: 1,000 sq.ft.
designed primarily to provide area for No bedroom 1,000 sq.ft.
offices without limitation to the nature or One bedroom 1,200 sq.ft.
size of the office, together with community Two or more
facilities, restaurants and compatible bedrooms
residential uses. Fraternity or Sorority 500 sq.ft.per resident
"(B) Uses. (D) Density. .
(1) Permitted uses. Units per acre 4 to 24
Unit 1 City-wide uses by right (E) Setback regulations.
Unit 5 Government facilities
-Unit8 Single-family dwellins
Unit 9 Two-family dwellings Front 30 ft.
Unit 11 Manufactured home park Front,if parking is allowed between the 50 ft.
Unit 12 Offices,studios and related services ri .......way and the building
Unit 25 Professional offices Side 10 ft.
Side,when contiguous to a residential 15 ft.
district
(2) Conditional uses. Rear,without easement or alley 25 ft.
-Unit 2 City-wide uses by conditional use Rear,from center line of public alley 10 ft.
permit
Unit 3 Public protection and unlit facilities (F) Height regulations. There shall be no
Unit 4 Cultural and recreational facilities maximum height limits in R-O Districts,
Unit 13 EatinHome
places provided, however, that any building which
Unit 24 Home milyd elfin exceeds the height of 20 feet shall be set
Unit 26 Multi-family dwellings i�
Unit 36 wireless communications facilities 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
(C) Bulk and area regulations. �
feet.
(Per dwelling unit for residential structures)
(G) Building area. On any lot,the area occupied
(1) Lot width minimum. by all buildings shall not exceed 60%of the
total area of such lot.
Manufactured home park 100 ft.
Lot within a manufactured home 50 ft. (Code No. 1965,App.A.,Art. 5(x);Ord.No.2414,2-7-78;
park Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord..No.
Single-family 60 ft. 1747,6-29-70;Code 1991,§160.041;Ord.No.4100,§2(Ex. -
Two-family 60 ft. A),6-16-98;Ord.No.4178,8-31-99)
Three or more 90 ft.
(2) Lot area minimum. -
Manufactured home park 3 acres
Lot within a manufactured home 4,200 sq.ft.
park
.Townhouses: -
Development 10,000 sq.ft.
Individual lot 2,500sq.ft.
Single-family 6,000 sq.ft. -
Two-family 6,500 sq.ft.
Threeor more 8,000 sq.ft. -
Fraternity or Sorority 1 acre
(3) Land area per dwelling unit.
July 28,2003
Planning Commission
RZN 03-22.00(Pope)
Page 1.7
FAYE PTEN I LLE •
FAME E
pOLICF
THE CITY OF FAYETTEVILLE,ARKANSAS POLICE DEPARTMENT
99KANSPS
July 7, 2003
Dawn Warrick
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Warrick,
This document is in response to the request for a determination of whether the proposed
zoning RZN 03-22.00: Rezoning (Pope,pp 136) submitted by Ronny and Karen Pope
for property located at 1750 E Zion Road would substantially alter the population density
and thereby undesirably increase the load on public services or create and appreciable
increase in traffic danger and traffic congestion.
It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially alter the population density and thereby undesirably increase the load on
police services.
It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially increase traffic congestion in the area.
The driveway to this location, however, is in a very dangerous location. The vegetation
on both sides of this driveway obscures visibility in both directions for drivers on Zion
Road as well as drivers exiting the driveway. With the curve immediately to the west and
the hillcrest to the east, drivers on Zion Road will have very little reaction time when a
vehicle pulls out from this property. I would recommend the Zion Road right-of-way be
cleared of all vegetation to eliminate this hazard.
Sincerely,
Zi ant William Brown
Fayetteville Police Department
July 28,2003
FAYPlannin Commission
Ro.BOX
POLICE DEPARTMENT - (DELIVERIES)PO JIAL yl( ¢iyl�ly¢T,�T 72701
P.O.80X 1988 13tS7i ll�h33 ��77Z(SS1I�'I��h��'gg$�C¢Y
FAYETTEVILLE,ARKANSAS 72702-1988 PHONE:501-587-3555 873522
Jul 02 03 01 :42P Doy Farrar [5j* 444-3447 p. 2
p►.YETTEVILLE
DEPT. FAYETTEVILLE
FIRE MARSHAL'S OFFICE
THE CITY OF FAYETTEVILLE,ARKANSAS
From: Fire Prevention Bureau
To: Planning Division
Date
REZONING ANNEXATION
REZONING# 03- 22.oo OWNER Pi fte
ANNEXATON# OWNER
LOCATION OF o
PROPERTY 2 row Aer-os,5
NEAREST FIRE STATION AND
LOCATION rl2e Sro-iia;- t/ tv/!/iCtJ S1 .
RESPONSE TIME FROM FIRE STATION# TO
LOCATION OF
PROPERTY 3 MINUTES 25 SECONDS.
TRAVEL MILES FROM FIRE STATION# 44 TO LOCATION OF
PROPERTY l• g MI MS
COND&ENTS ON FIRE DEPT.
ACCESS/ROADWAYS
ss r nn--
Qa/ r wAI � -21!) /
Tuan rn nems 4 ui,d r
EXISTING FIRE HYDRANTS?IF SO
LOCATION_fl GLfiLsa_a dao
WATER SUPPLY WITH HYDRANTS
NEEDED2... nPj
ADDITIONAL
COMMENTS.
MAIN OFFICE
115 SOUTH CHURCH ST.
Plannin*Mwitt msi
(501) 4443448/(501)444-3449 RZN
FAX (501)575-8272 FAX (501) 51r8002
RONNY & KAREN POPE
Sa. Owned by Mary K Savin Revocable Trust listed by The Property
Store, we have a written offer on this property contingent on
favorable rezoning.
5b. Currently zoned A-1 & we would like to move a CPA practice in
the house . We are a 3 person office (owner, staff accountant
and secretary) . We currently rent & see this time as
opportune to own an office. We live in this area of town & on
this side of 71 and would like to stay in this area.
5c. The surrounding properties are as follows :
North: field is open (estate of John & Helen Tyson)
South: Lake Park apartment complex
East : dirt and gravel mine, topsoil storage
West : home with contract pending
The lot currently has a 3 bedroom home on it & this would not
change. The house would be used as a professional office.
The use would be during the day and not at night or weekends .
The land use would remain as is. The traffic that would be
generated by this office would be nominal as we are a small
accounting firm not looking to expand. Our traffic flow is 1
client at a time as only the owner has contact with the
clients . We have on the average less than 3 daily visits by
clients . This of course, is skewed as our heavy time would be
tax season (mid-Feb to mid-Apr) , During the off season, there
are days when nobody shows up. 40% of time is spent out of
our office working at the clients, office . The appearance of
the property would not change . For better observation when
leaving the property, we intend to clean up the high grass,
weeds and bushes and prune limbs . We are thinking the drive
needs to be widened at the entrance also. There will be no
sign at street side. There might be a plaque on the door and
maybe a small plague at street side with the house numbers .
5d. According to Jeff Staggs, there is both city water and sewer
available with the water line being 12" and sewer lines being
8„ .
RECEIN!”
JUN 19 29H 5 July 28,2003
Planning Commission
PLANNING DIV. RZN 03-22.00(Pope)
Page 1.10
RONNY & KAREN POPE
6a. The land is currently zoned A-1, but nobody appears to be
farming this area. The intent on the Land Use Map is for this
area to be residential, so a small professional office would
not be out of line. This is already true to some extent . since
the area around the land has a vet office, 2 medical clinics
and a cpa/lawyer office already established. Also, previous
property owners (Heckathorn) on the west side owned & operated
a construction company out of the home in the past . Our
understanding is that this was a conditional use.
6b. We think a rezoning is needed since there are no single office
buildings for 'sale in this area of town we want to be in. By
observation, we think this street is lending itself more to a
professional office type situation and less to home dwellings.
We really are not interested in the office condo type
buildings on Joyce & can' t meet the price they want . This 2
acres has a bonus of having a wooded appearance with trees on
the lot which we like. It is nothing like looking at concrete
and a parking lot .
6c. There will be a minimal if any impact on the traffic
situation. Since this home is a 3 bedroom home and we are a
3 person office, we don' t feel like we would generate much
more traffic than a husband, wife, 2 children and their
friends would create. We have estimated an average of less
than 3 walk in clients a day as referenced in 5c.
6d. We feel we would actually have less impact on city services
than a residence, since there are no kids being sent to area
schools . Also, we would use less water and sewer as there
would be no showers or laundry done in this house.
6e. It would not be economically feasible to farm a 2 acre lot
here (or anywhere) and we don' t feel it would be desirable to
use this as a residence next to the gravel pit and across from
the apartment complex. Also, there is already a lot of
traffic on the street which detracts from home use.
RECEIVE-Ai
jUN 19 2009 6 July 28,2003
Planning Commission
P L- k S�N I N G DIV. 13ZN 03-22.00(Pope)
Page 1.11
CALL LOG
6-13 Jerry Sweetser 443-4601
no objection to RO-written letter in favor
believes Barbara Tyson is in Florida
6-17 Billie Carnes 267-1224
no objection to RO
6-17 Leonard Ostendorf 443-5749
no objection to RO
6-17 Jaimie Jones 442-6239
out of state this week
6-18 Deal-vacant house to west of property
telephone disconnected, moved to OK, property to close 6-28
Patsy Chance 466-6064 buyer agent, doesn' t think her buyer
will object but won' t give me name of buyer
E: -0
REG
JUN 19 N111" July 28,2003
Planning Commission
D LAN N I N G DIV. RZN 03-22.00(Pope)
PLANNING
Page 1.12
Oweetoer PROPERTIES
730 N. Leverett • Fayetteville,AR 72701
(479)443-4601 • FAX(479)443-2044
Website: www.sweetserproperties.com
E-mail: sweetser@sweetserproperties.com
June 17,2003
To whom it may concern;
Re: Rezoning request
Ronnie and Karen Pope has offered to purchase property on Zion Road contingent upon rezoning
approval. They are requesting this property be rezoned from A-1 to R=O. It is our understanding this
property would be used for a Certified Public Accounting business office for three Certified Public
Accountants.
Sweetser Properties owns adjoining property directly to the cast of the property requesting the rezoning.
We feel the proposed use would not create any adverse effect in the traffic now on this road and we feel
that the proposed use would be very compatible for this area.
We respectfully request that you approve the proposed rezoning request.
Sincerely,
?JerryDoperties
REIC'EDVED
t>. { July 28,2003
M ' 9 ?003 Planning Commission
pD tt . a c / RZN 03-22.00(Pope)
1-Ll'w-1 vsli G DIV. Page 1.13
FROM :PROPERTY-STORE FAX NO. :479-750-4244n. 05 2003 04:05PM P2
06/05/,OW •trv1;4wea� Muraer5 ETC. 4 ia79'150A244
NU.d06/05/,OW
LOW1
"Ek, SWk POINT OF BEGINNING
24-17-30
0011'39"E 239.29'
_ EAST_ EAST
243.08' 148.92
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LEGEND
I • . Iron Pins Found
o w Iron PLUS Set
i 17 r Ston Found
! 2.00 Ac.
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i EXHIBIT 'inn
1 PROPERTY TO BE REZO ED
AS SUBMITTED BY THE APP ICANT
�\ xion Rd. oa4r.- t
Apoficanrs Signature
I
._._-.- — - �j 148.14,e 1
LEGAL r*IPTIPN2 Part of the NEk of the SWk of Section 24. T17N,
o e Cn rrjncipal Meridian in Washington County, Arkansas
being more particularly described as follows to-wit: CosmencirS at
the Northwest Corner of said NEk, SWk thence S O'li'39"E 239.2,9 Feet
thence EAST 243.08 Feet to the. POINT OF BEGINNING thence EAST 345.92
Ne0'11 39"We585.00,Feet to3.00 Feet,the POINT OFsnce WEST BECINNING148.92 FeetContainingGhenc2.006
Acre more or less subject to Right-of-Way and Easements of xecord.
THIS IS TO CERTIFY THAT THE ABOVE SURVEY WAS PERFORMED UNDER MY
SUPERVISION"AND ALL CORNERS WERE SET AS SHOWN ON TETE ABOVE PLAT
AND To THE BEST OF MY KNOWLEDGE ARE CORRECT.
-� Weal H. Albright ARLS 273 DATE
RE �CYEWED July 28,21 3
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�/�Plannetl HJuly 28,2003
.........:
Planning Commission
0 0.1 0.2 0.4 0.6 0.8 RZN 03-22.00(Pope)
Miles Page 1.17
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:479-575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Planning Commission
FROM: Dawn T. Warrick,AICP,Zoning&Development Administrator
DATE: July 24,2003
SUBJECT: Additional information—RZN 03-22 (Pope)
The following supplemental information has been compiled for the above mentioned rezoning
request. This item was tabled by the Planning Commission at the July 14, 2003 meeting at the
request of a representative of the seller(current property owner).
The following materials are included:
1. Response from James McCord, Attorney representing the applicant. This statement
includes a proposal for a bill of assurance to limit the use of the subject property under an
R-O designation to a professional office with no additional building to be constructed and
removal of vegetation at the entrance to the site to increase sight distance.
2. Trip generation calculations for 2 acres of office development, a single tenant office with
3 employees and one single family dwelling.
3. Planning Commission minutes from July 14, 1986 regarding a request for rezoning the
subject property from Agricultural to R-O. Planning Commission, in agreement with the
staff recommendation for denial, voted 8-0-0 to deny the rezoning request.
4. Planning Commission minutes and staff report from May 12, 2003 regarding a request for
property located at Zion Rd. and Vantage Drive (SW corner)to be rezoned from R-2
(RMF-24)to R-O. Planning Commission failed to make a motion on this request for
which staff recommended denial. The action was denied due to lack of action.
July 28,2003
Planning Commission
RZN 03-22.00(Pope)
Page 1.18
JAMES N. McCORD
Attorney at Law
11 N. WEST AVE.
SUITE #202
FAYETTEVILLE, ARKANSAS 72701
TELEPHONE (479) 695-1134
FACSIMLE (479) 695-1135
jimmccordlaw@alltel.net
To: Fayetteville PlanningommissionW
From: James N. McCord W/
Attorney for Ronn and Karen Pope
Date: July 18,2003
Re: RZN 83-22.00 for property at 1750 E. Zion Road (2.0 acres)
To rezone from R-A, Residential Agricultural, to R-O, Residential Office
I represent Ronny and Karen Pope ("Applicant') in connection with the
above referenced rezoning application. In support of the application, Applicant
hereby agrees to execute a Bill of Assurance with covenants providing:
(1) Use of the property shall be restricted to a professional
office or a single family dwelling;
(2) No additional building shall be constructed or placed on
the property;
(3) Ground vegetation in the yard on the property along both sides
of the driveway and along Zion Road shall be cleared, or
trimmed and maintained, so as not to obscure traffic visibility
from Zion Road or the driveway;
(4)The covenants shall run with the land and shall be binding on
all future owners of the property. The City of Fayetteville shall
have the right to enforce the covenants.
Because the subject property is adjoins a topsoil excavation operation and
is directly across Zion Road from multi-family dwellings, it would be unreasonable
to restrict future use of the property to a single family dwelling. R-O rezoning is
justified.
Applicants respectfully disagree with the City staff recommendation for
the following reasons and those stated above.
RECEIVED July 28,2003
JUL ZQ�3 Planning Commission
RZN 03-22.00(Pope)
PLANNING DIV. Page 1.19
STAFF FINDING 1: R-0 zoning is not consistent with the City's General
Plan. The area is designated Residential on the Future Land Use Map. The
property is not located in a transitional area between single-family residential and
higher density. R-O zoning would present "spot zoning" without allowing for
consideration of surrounding uses and infrastructure needs.
RESPONSE: The General Plan and Future Land Use Map are not
controlling; they are planning guides. Consideration must be given the use of
adjoining properties (a topsoil excavation operation to the east and apartments to
the south). Residential use of the property is not reasonable considering its
location. R-0 zoning with the Bill of Assurance offered by Applicants would
present a reasonable us of the property, would not increase infrastructure needs
and would not change the character of the neighborhood which is mixed use.
The property is located between properties with different densities. The
property to the north is undeveloped and recommended for residential use, and
property to the south is higher density (multi-family dwellings). R-O zoning would
present a"buffer", rather than unreasonable "spot zoning".
STAFF FINDING 2: R-O zoning is not justified and/or needed at the time
in that there are other properties within this general area zoned or identified by
the Future Land Use Map to be developed with office uses.
RESPONSE: The "general area" referred to is quite large and the "other
properties" referred to are not near the subject property. R-O zoning with the Bill
of Assurance offered by Applicants is requested to provide a reasonable use of
the property - not to provide the most profitable use. To deny a property owner
any reasonable use of his property is arbitrary and capricious as a matter of law.
STAFF FINDING 3: The proposed zoning would increase traffic danger in
this area.
RESPONSE: The Fayetteville Police Department found that R-O zoning
"will not substantially increase traffic congestion in this area. "Applicant estimates
that the traffic flow at Applicant's CPA office would average less than 3 clients
per day. If the 3-bedroom house on the property were occupied by a family with
teenage children, a much higher traffic count would be likely.
The Police Department noted that vegetation on both sides of the
driveway obscures visibility, and the Department recommends that the Zion Road
right-of-way be cleared of all vegetation to eliminate this hazard. The Bill of
Assurance offered by Applicant covenants that "Ground vegetation in the yard on
thepropertyalong both sides of the driveway and along Zion Road shall be
CC V duly 28,2003
Planning Commission
JUL ' 6 ��D RZN03-22.00(Pope)
o Page 1.20
PLANNING DIW:
cleared, or trimmed and maintained, so as not to obscure traffic visibility from
Zion Road or the driveway."
CONCLUSION
The property should be rezoned to R-O for the reasons stated above and
in the rezoning application.
RECEIVED July 28.2003
Planning Commission
JUL 1 8 2003 13ZN03-22.00(Pope)
Page 1.21
PLANNING DIV.
S
Pope Rezoning
Summary of Average Vehicle Trip Generation
For 2 Acres of Office Park
July 14, 2003
24 Hour 7-9 AM Pk Hour 4-6 PM Pk Hour
Two-Way
Volume Enter Exit Enter Exit
Average Weekday 390 47 4 8 48
24 hour Peak Hour
Two-Way
Volume Enter Exit
Saturday 59 4 1
Sunday 27 2 3
Note: A zero indicates no data available.
Source: Institute of Transportation Engineers
Trip Generation, 6th Edition, 1997.
TRIP GENERATION BY MICROTRANS
July 28,2003
Planning Commission
RZN 03-22.00(Pope)
Page 1.22
y -
Pope Rezoning
Summary of Average Vehicle Trip Generation
For 3 Employees of Single Tenant Office Building
July 14, 2003
24 Hour 7-9 AM Pk Hour 4-6 PM Pk Hour
Two-Way
Volume Enter Exit Enter Exit
Average Weekday 11 1 0 0 1
24 hour Peak Hour
Two-Way
Volume Enter Exit
Saturday 0 0 0
Sunday 0 0 0
Note:A zero indicates no data available.
Source: Institute of Transportation Engineers
Trip Generation, 6th Edition, 1997.
TRIP GENERATION BY MICROTRANS
July 28,2003
Planning Commission
RZN 03-22.00(Pope)
Page 1.23
-
Pope Rezoning
Summary of Average Vehicle Trip Generation
For 1 Dwelling Units of Single Family Detached Housing
July 14, 2003
24 Hour 7-9 AM Pk Hour 4-6 PM Pk Hour
Two-Way
Volume Enter Exit Enter Exit
Average Weekday 10 0 1 1 0
24 hour Peak Hour
Two-Way
Volume Enter Exit
Saturday 10 1 0
Sunday 9 0 p
Note:Azero indicates no data available.
Source: Institute of Transportation Engineers
Trip Generation, 6th Edition, 1997.
TRIP GENERATION BY MICROTRANS
July 28,2003
Planning Commission
RZN 03-22.00(Pope)
Page 1.24
Planning Commission
• July 14, 1986
Page 3
Sandra Carlisle sthey a requesting a waiver on the fencing
and ing requt wh ch will allow Sequoyah United Methodist
Church to p,/h
on high to a coverage of 10Y. This request
is for a pS th boundary line which is adjacent to the
proposed nenMOTION
Nash moved his LDS as per te. Subdivision Committee report,
seconded bytion to approve passed 8-0-0.
PuBLIc HEARING - REZONING 886-9
LEO AND CARMA HECKATHORN - NORTH SIDE OF ZION RD.
ACROSS FROM PARR LAKE APARTMENTS
The fourth item on the agenda was consideration of rezoning petition
R86-9 submitted by Leo and Carma Heckathorn for 2.0 acres located
on the North side of Zion Road across from Park Lake Apartments.
• Request is to rezone from A-1, Agricultural to R-0, Residential Office.
Wood recommended not re-zoning to R-0 for the following reasons.
1. R-0 District is contrary to the recommendation of the General
Plan;
2. R-0 District at the location requested would be an intrusion
into a developing residential area; and
3. R-0 District at that location would tend to commit the interior
of a residential area to other than residential uses.
Jacks asked if anyone would like to speak in favor of this rezoning.
Carma Heckathorn Rt.2 Box 157, Springdale, stated they had made an
offer to purchase a 5.25 acre tract of land, with an existing house.
The attraction to this particular piece of property was the central
location and the possibility of having enough additional land on which
to build a small office on the back side. Mrs. Heckathorn stated
they had checked the zoning for this area and found on the South side
of Zion there is R-0 zoning and on the North side of Zion there is
R-0 zoning. She felt that the rezoning would not endanger the value
of the property in and around this area.
Jacks asked Mrs. Heckathorn how many employees they would have and
she stated three including one family member.
Jacks asked if anyone would like to speak in opposition of this rezoning.
July 28,2003
Planning Commission
RZN 03-22.00(Pope)
Page 1.25
Planning Commission
July 14, 1986 •
Page 4
Jamie Jones, 1654 E. Zion Road, stated he adjoins this property on
the West and said Mrs. Heckathorn had visited with them about the
rezoning petition. Jones stated to Mrs. Heckathorn they would be
opposed to rezoning the North side of Zion Road for several reasons;
primarily the rezoning would be for the convenience of the Heckathorns
and also for the three reasons Mr. Wood gave. Jones then stated these
- were very strong reasons to deny the rezoning petition and he also
stated they had been given assurances in the past that unless there
is a real need to change the General Plan that Commercial and R-0
Districts would not be extended East of the Dr. Offices on Zion Road.
Jones stated there are no offices to the best of his knowledge on
the North side of Zion Road between U.S. 71 and HWY 265.
Leonard Ostendorf stated he lives two houses East of the property
in question and Jones was a little bit off on there not being any
R-O zoning on the North side of Zion Road. Morris Henry rezoned a
piece of property on the East end, away from the central part of Zion
Road where the residential area is. Ostendorf stated it was wrong
for one family to move into the neighborhood and dictate to the people
who have been living there for many years.
Allen Robbins stated he lives on the South side of the property in
question and would like to voice his opposition to this rezoning petition.
Billy Carnes stated they own the property Northeast of the Heckathorns
and are opposed to the rezoning petition.
Les Childers stated they adjoin the Heckathorns on the West and they
are opposed to any further zoning changes.
Madison asked George Faucette if there is currently any R-0 property
on the market and Faucette stated without any specifics he felt there
is some R-0 available.
Nash asked if this use could not be accomplished under a Conditional
Use Permit and Carlisle stated there are no Conditional Uses available
for an office in A-1 District and for a Home Occupation they could
not hire anyone outside the family.
MOTION
Madison moved to deny the request for rezoning from A-1, to R-O, seconded
by Dow. The motion to deny passed 8-0-0.
CONSIDERATION OFA
PR OS
OSED NDMENT TO THE ZONING
ORDINANCE
SUBMITTED BY DEWITT SMI
The fifth item on th agen was a request to consider a proposed .
amendment to the Zoning Ordina ce submitted by Dewitt Smith to al
Jt028,2003
Planning Commission
RZN 03-22.00(Pope)
Page 1.26