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HomeMy WebLinkAboutOrdinance 5355 lillillllllfiii!lillil!!liillllliiliil!!itfill►ill !lilillllllllllllllllll Doc I%R 033696320003 Type: REL Kind: ORDINANCE - Recorded: 10/14/2010 at 02:23:50 PM 2:4 ee Amt: $25.00 Pace 3 of 3 Waehincto, Count". AR Bette BUMS Circuit Clerk F1192010-00030353 ORDINANCE NO. 5355 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 10-3613, FOR APPROXIMATELY 3.0 ACRES, LOCATED AT 5989 EAST HUNTSVILLE ROAD FROM RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE, TO R-A, RESIDENTIAL AGRICULTURAL 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-A, Residential Agricultural, 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. PASSED and APPROVED this 21St day of September, 2010. APPROVED: ATTEST: c By: r't By: 4aa— LIOE D JOR16K, Mayor SONDRA E. SMITH, City Clerk/Treasurer RK/TRP 'r.,, 45j\"�\SY•OF'SGS% ° c :FAYETTEVILLE: / a st• A, 'p• S�^ oY .,9sy9RkAN t'=�J�; `+si Ci TO lY13;114444341st Wasitir►gtbn un�Y, AK (,certify this instrument was filed on 10/14/2010 02:23:50 pM and recorded in Real Estate File Number 2010-0 Bette Stam 030353 P Ci it Clerk EXHIBIT "A" RZN1O-3613 WATSON/5989 HUNTSVILLE Close Up View i �A p{ I W 1 '•4 ki�L� �/ t Q R♦fM 40 RSF-1 SUBJECT PROPERTY ReF. a, I •Belo 1 ir 2 I I n II I L end ••• Muti-Use Trail (Existing) Futur6 Trails Mufi-Use Trail (Existing) RZN4 0-3613 ,,Footprints 2010 - Hillside-Hilltop Overlay District Design Overlay Di 3trict Design Overlay Di trict ----- Planning Area 0 125 250 500 750 1,000 Fayetteville Fee EXHIBIT "B" RZN 10-3613 SURVEY DESCRIPTION (PARCEL 765-13150-000): A PART OF THE SOUIHWEST QUARTER OF THE NORTI IEAST QUARTER AND A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER ALL IN SECTION 20, TOWNSHIP 16 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S86058'24"E 878.40' FROM THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, SAID POINT BEING A SET IRON PIN, AND RUNNING THENCE NO3°08'48"E 53.61' TO A FOUND IRON PIN, SAID PIN BEING ON THE SOUTI I RIGHT-OF-WAY OF ARKANSAS HIGHWAY 16 (HUNTSVILLE ROAD), THENCE N85027'56"E 438.17' TO A FOUND IRON PIN, THENCE S02°49'04"W 300.00', THENCE S85°29'42"W 439.88', THENCE NO3°08'48"E 246.39' TO THE POINT OF BEGINNING. CONTAINING 3.00 ACRES, MORE OR LESS. City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 9/21/2010 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: RZN 10-3613: (Watson, 611): Submitted by Tom and Marie Watson for property located at 5989 East Huntsville Road. The property is zoned RSF-4, Residential Single-Family, 4 units per acre, contains approximately 3.0 acres. The request is to rezone the subject property to R-A, Residential Agricultural. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution# Department for Date Original Contract Date: Original Contract Number: City Attorney Date -fctj a - N, 3 -20, Finance and Internal Services Director Date Received in City Clerk's Office 09-03-10A09 :53 R C V D 3 ChieNlof S im Date ENT Ep r Received in /u / Mayor's Office major Date Comments: Revised January 15, 2009 THE CITY OF FAYETTEVILLE,ARKANSAS .Zay I leDEPARTMENT CORRESPONDENCE ARRAN>Fli CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Jeremy Pate, Development Services Directo6 From: Andrew Garner, Senior Planner Date: August 31,2010 Subject: RZN 10-3613 Watson RECOMMENDATION Staff and Planning Commission recommend approval of an ordinance to rezone the subject property from RSF-4, Residential Single Family Four Units Per Acre to R-A, Residential Agricultural (RZN 10-3613). BACKGROUND fhe subject property is located on the south side of Fast Huntsville Road/State Highway 16E approximately one- quarter mile east of Mall), Wagnon Road. The overall site contains approximately 4.6 acres. The northern portion of fhe 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 in an existing metal building on the southern portion of the property. There is also a residence 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 3.0 acres of the applicant's property that is within the City. The applicant proposes to rezone the approximately 3.0-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. The City's Future Land Use Plan identifies this property as a Rural Area, which is consistent with the applicant's proposal. DISCUSSION On August 30, 2010 the Planning Commission forwarded this request to the City Council with a recommendation for approval with a vote of 9-0-0. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING "'THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 10-3613, FOR APPROXIMATELY 3.0 ACRES, LOCATED AT 5989 EAST FIUNTSVILLE ROAD FROM RESIDENTIAL SINGLE- FAMILY, 4 UNITS PER ACRE, TO R-A, RESIDENTIAL AGRICULTURAL 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-A, Residential Agricultural, 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. PASSED and APPROVED this day of 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN10-3613 WATSON/5989 HUNTSVILLE Close Up view f, t+sk.e ji ,t 0 ASF} 2 } li o � o ASF 4�'. W W HSF� Q � ¢¢� ASF1 m qsf-� O } SUBJECT PROPERTY PSF RSF4 i W4 Ft G1 r w o F Legend Muti-Use Trail (Existing) f•�� Future Trails Muti-Use Trail (Existing) Y^ RZN,10-3613 Footprints 2010 Hillside-Hilltop Ovi rlay District Design Overlay Di Arict Design Overlay Di trict ------ Planning Area 0 125 250 500 750 1,000 Fayetteville Fee I EXHIBIT "B" RZN 10-3613 SURVEY DESCRIPTION (PARCEL 765-13150-000): A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER ALL IN SECTION 20, TOWNSHIP 16 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S86058'24"E 878.40' FROM THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, SAID POINT BEING A SET IRON PIN, AND RUNNING TF3ENCE NO3°08'48"E 53.61' TO A FOUND IRON PIN, SAID PIN BEING ON THE SOUTH RIGHT-OF-WAY OF ARKANSAS HIGHWAY 16 (HUNTSVILLE ROAD), THENCE N85°27'56"E 438.17"FO A FOUND IRON PIN, THENCE S02°49'04"W 300.00', THENCE S85°29'42"W 439.88', THENCE NO3°08'48'B 246.39' TO TIIE POINT OF BEGINNING. CONTAINING 3.00 ACRES, MORE OR LESS. r TayZre '01 le ARKANSAS PC Meeting of August 30, 2010 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE 1'elephone: (479)575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: August 16, 2010 RZN 10-3613: Rezoning (WATSON/5989 E. I-IUNTSVILLE, 611): Submitted by TOM and MARIE WATSON for property located at 5989 E,. I IUNTSVILLL ROAD. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 3.0 acres.The request is to rezone the subject property to R-A, Residential Agricultural. Planner: Andrew Garner BACKGROUND: Jinni 26 2010 Planning Commission Meetine 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 3.0-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 Mally 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 3.0 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 Zoning 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:IE7'ClDevelopmen/Sen�ices Revic102010iDevelopinew RememV0-3613 RZN 5989 E Hunlsvllle Road103-Planning Convnission108-30- 101Convneuis& Redlines Proposal: The applicant proposes to rezone the approximately 3.0-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. PLANNING COMMISSION ACTION: Required YES Date: July 26, 2010 X;Tabled Ej Forwarded ❑ Denied Motion: Kennedy Second: Chesser Vote: 8-0-0 Date: August 30, 2010 ❑ Tabled X Forwarded ❑ Denied Motion: Chesser Second: Cabe ` Vote: 9-0-0 CITY COUNCIL ACTION: Required YES ❑ Approved ❑ Denied Date: CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates this site as RuralArea. The Rural Area land use designation consists ofareas that have infrastructure andpublie 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. Ifdeveloped, 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 alongthe 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:IETCIDevelop neni.Services RevieM20100evelopmenl Revieivl10-3613 RZN 5989 EHunlsville Road103-Planning Cononission108-30- IOIConnnews&Redlines 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. Drainage: Standard improvements and requirements for drainage will be required for any development. This property is not affected by the 100-year floodplain. Police: Staff did not receive information from the Police Department before the publication of this staff report. Fire: 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 3.0-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 zone," 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:IETCIDevelohmeni Services Review120100evelopmem Revlewl10-3613 RUN 5989 E Hamisville RoadiO3-Planning CommissioM08-30- Mcommenls& Redlines 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.' IETCIDevelopmeni Services Revieiv120101Developneni Revieiril0-3613 RZN 5989 EHunisville Road03- Planning ('onnnission108-30- I0lComments & Redlines 161.07 District RSF-4, Residential Single -Family — Four Units Per Acre (A) Put -pose. 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 City-wide uses by right Unit8 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 Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12 Limited business 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. ft. 12,000 sq: ft. Land area per 8,000 sq. ft. 6,000 sq. ft. dwelling unit Hillside Overlay 60 ft. 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 15 ft. 5ft. 15 ft. (F) Building height regulations. G: tETCIDevelopn ent.S'ervices Review120101Developmeni Reviem110-3613 RZN 5989 EHuntsville ROadtO3- Planing Comm issianl08-30- I0lCo mnenis & Redlines Building Height Maximum I 45 ft lie/gin regulations. Structures in this District are Iimiled to a building height of45 feet. Existing structures tit at exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses, (ord. ii 4858). (G) But/ding area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, fi 160.031; Ord. No. 4100, $2 (Ex. A), 6-1698; 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: liiTCIDerelopmenr Services Reviea420101Developmeur Review\/0-3613 RZN 5989 Eflunisville Road03- Planning connission108-30- 101Ca,nmems & Redlines 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. ( I ) 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: 2 acres Nonresidential: 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 -I 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(l); Ord. No. 1747, 6-29-70; Code 1991, 160.030; Ord. No. 4 t 00, §2 (Ex. A), 6-16-98:Ord. No. 4178, 8-31-99; Ord.5028, 6-19-07:Ord 5128, 4-15-08; Ord. 5195, 11-6-08; Ord. 5238.5-5-09) G: IETCIDevelopment Services Reviewl?0101 Developurery Review110-3613 RZN 5989E Huntsville Roaa103- Planning Comnrission108-30- 101Comments c Redlines 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 Ibet, 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) R -A District (1) Number ofsigns. Only one on site freestanding sign shall be permitted on a lot or at a business operating on two or more adjoining lots. (2) Display surface area. Display surface area shall not exceed 16 square feet. (3) Illumination. Sign may be illuminated by indirect illumination;only. (4) Sethackfi om right-of-way Sign shall be setback 35 feet from existing street right-of-way and 25 feet 11 om any R or R -O District. (B) RSF, RT and Neighborhood Commercial Districts. Except pursuant to § 174.03 (C), (11) and (J), freestanding signs shall be prohibited and no freestanding signs shall be erected in RSF, RI and Neighborhood Commercial Districts of the City. (C) R -O and RAIFDistricts. One freestanding sign shall be permitted on a lot or parcel zoned RMF or R -O subject to the following restrictions: (1) Display swface area. The maximum display surface area shall not exceed four (4) square feet; (2) Setback from right-of-way. The sign shall be setback a minimum of 15 feet from street right-of-way. (3) 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) Setback from R District. The sign shall be setback a minimum of25 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. (I) 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 lots. (2) Freestanding signs. Freestanding signs shall be subject to the following: (a) Display swface 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:1 ETCIDenetopment Services Revieir120101Developmeni Revie,rl / 0-3613 R7_N 5989 E Huntsville RoadiO3- Planning Conunission108-30- 101Connnents & Redlines (b) Sethackfroin i iglu -of -way. Setback shall be a minimum of 15 feel ftom street right-of-way. (c) Setback from adjoining proper/,. Setback shall be a minimum of'25 feet from the boundary of any adjoining property. (3) 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 of 32 square feet. (c) C and! Districts. Display surtace 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) I Districts. (1) Number 0/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 swface 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 00111 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) Setback from right-of-way. Setback shall be a minimum of l5 feet from street right-of-way. (c) Set hack from 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. (I) 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:tE7CIDevelopment Services Revieivl20l01Developnrent Reviewrii0-3613 RZN 5989 EHuntsville Road103- Pta... g C'onunission108-30- /0IConauenu & Redtites (2) Display sot/ace area. (a) A, P. P. and R -O Districts. Display area shall not exceed 32 square feet. (b) C and! Districts. Display area shall not exceed 75 square feet. (H) Monument signs. A monument sign shall be set back a minimum of 10 feet from the streetright-of-way, 10 feet from adjoining non-residential property and 25 feet from adjoining residential property, and may be substituted for a free standing sign permitted by § 174 10 providing the display surface area meets the following: (1) Neighborhood conservation and RSF Districts. Prohibited on individual lots. (2) Other residential districts. The display surface shall not exceed 16 square feet. (3) R -A and? 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, §17B-9; Ord. No. 1893, 12-19-72; Ord No. 3008.5- I -84; Ord. No. 3029, 8-21-84; Ord. No. 3294, 9-15-87; Code 1991, §1.58.47; Ord. No. 4100, §2 (Lx. A), 6-16-98); Ord. No. 4226; 2-15-00; Ord. 4972. I-16-07; Ord. 5088, 12-04-07) G:IEFCUJevelopmetu.5'en,ices Revieu 1201 otDevelopment Revieir110-3613 RZN 5989 EHuntsville Roa(A03- Planning Conunissionl08-30- I0ICoutmems& Redlines Source: Davidson, Michael and Do/nick; Fray. 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 ofa 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: IETCIDeveiopniem Services Review120101Developmeni Review) l0-3613 RZN 5989 E Huntsville RoaclW3- Planning Commission108-30- I0IConnnenis & Sec/lines Planning Commission Jub) 26, 2010 Page 6 o_f'9 RZN 10-3613: Rezoning (WATSON/5989 E. HUNTSVILLE, 611): Submitted by MARIE WATSON for property located at 5989 E. HUNTSVIL,L,F? 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 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. 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 ECEIVED AUG 0 5 2010 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 requesting 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. 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 turn around and head out of our driveway. H. 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. I. 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. 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 # 765-13150-000) 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, Arkansas 72701(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 ____________________________to e _ d didd_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 propertyat a later date. We desire only to put up a sign. Thomas D. Watson 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 emcnair@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°1252.024"W 35°51'7.797N Project #: 2010-002 Planner: Jessie Pettit, e-mail at jpettit@co.washington.ar.us Fayetteville Planning Area c. "rite Place" (where treasures are found) Conditional Use Permit Request Location: Section 20, Township 16 North, Range 29 We.• t Owner/Developer: Thomas and Marie Watson • Engineer/Surveyor: none Location Address: 5975 East Huntsville Road (Hwy 16), F, yctteville, AR 72701 2.2 acres and I 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- . it at cutcnair@co.wasItington.ar.us d. Leisurescapes,111cCUP 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 I 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 I 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 WASHINGTON COUNTY PLANNING OFFICE 2615 Brink Dr. Meeting- May 6, 2010 Fayetteville, AR 72701 cm PrujeH Thu ta= (479) 444-1724 Project Number- 2010-045 (479) 973-8417 Planner-crncnair@co.washington.ar.us ,CONING.- CON!)! , , a.. x �r"'s t ,i �br- i. i i J. �� , x � The determination as to (whether a conditional use permit NOR be granted is subjective to a degree. The Zoning Board of Adjustments may act on issues discussed in the criteria checklist when making decisions in these matters. REQUEST: Conditional Use Permit (CUP) approval for a Flea Market business. CURRENT ZONING: Project does lie within the County Zoned area (Agriculture/Single-Family Residential 1 unit per acre) PLANNING AREA: This project is located in the City of Fayetteville's Planning Area. QUORUM COURT DISTRICT: District 9, JP Butch Pond FIRE SERVICE AREA: Round Mt. SCHOOL DISTRICT: Fayetteville INFRASTRUCTURE: Water -Fayetteville Sewer -Fayetteville Electric -Ozarks Electric Natural Gas- Arkansas Western Gas Telephone- AT&T Cable- Cox BACKGROUND( PROJECT SYNOPSIS: The applicanUowners of this project are Tom and Marie Watson. The address for this site is 5975 East Huntsville Road (Hwy 16), Fayetteville, AR 72701. The parcel number of this site is 001-10791-000. The applicant is asking to allow the use of a Flea Market on 2.2 acres. The site plan includes an existing driveway, existing building, parking in front of the existing building, and possible signage. According to the applicant's letter, the flea market will be located in an existing 9400 sq. ft, building. They will begin with 90-4'x8booths and 20- 4'x8' shelving units, and could add 60 additional booths if the demand calls for it. The applicant is proposing no additional employees other than themselves, set hours of operation Monday -Saturday from 10:o0am-6:0opm and Sunday from 2:00pm-6:oopm. with approximately 30-50 cars a day (with only 6-8 at one time) They may also place a sign if the City of Fayetteville will not allow them to place a sign within the city limits Please see the applicant's letter for more information (page C-11). The existing building is located in the County, but the access drive originates in the City of Fayetteville (parcel 765-13150-000. also owned by the applicant). This project takes access from a State Highway (AR Hwy. 16 East). The applicant is pursuing a rezoning of this property with the City of Fayetteville to allow a sign to be placed closer to the road. This project is currently operating under "temporary use" status, but must receive CUP approval in order to continue operating. According to the Rules and Regulations of the Planning Director Regarding Zoning, "a temporary use is any use not specifically permitted as a matter of right within a zoned area. To qualify for a temporary use that is allowed in a zoned area, such cannot exist for more that 15 consecutive days and no more than four times per year unless otherwise allowed by State Law." The applicants opened their business on Thursday, April 151, 2010 for 14 days. They were closed (verified by staff) on Thursday, April 15`" 2010. They reopened on Friday, April 16, 2010 and were closed again (verified by staff) on Thursday, April 29°1. 2010. Starting Friday April 30'h is the 3r° time that this business will be operating this year. If a conditional use permit is not obtained, they may only be open one additional time this year and then must remain closed. Please see the attached letter from the applicant (page C-11), vicinity maps (page C-34-35), and site sketch (page C-36) for further information. This project comes before you as a CUP due to the fact that no permanent business has operated in this building previously. The applicant's letter does indicate that at one time there was an existing flea market on the property (though, not in this building). That business has not been in operation since 2005. There is also an existing cat boarding facility on the property in a different building on this property. According to Washington County code, this facility is considered agricultural and therefore meets the current zoning Sec. 11-195. Definitions. (a) Agricultural means: The care and production of livestock and livestock products, poultry and poultry products. apiary products. and plant and animal production for nonfood uses: by way of illustration, but without limitation, this includes horses, greenhouses, and kennels; No additional structures or hard surfaces are proposed with this request. Service Areas: The project site is located in the service areas of the following utility providers according to the application and the Planning Office's Service Area Maps: Electric- Ozark Electric Water and Fire- Fayetteville Water, Round Mt. Fire Department (deferred to the Washington County Fire Marshal's Office). Water onsite is provided by City of Fayetteville Water. Water for fire fighting purposes will be provided from a hydrant across E. Highway 16 from the property (at the intersection of Lake Sequoyah and E. Hwy. 16). Fire flow at this hydrant is 1,220 GPM with static pressure of 150 psi and residual pressure of 80 psi. Laurie Roy, Acting Fire Marshal, reviewed this information and found it to be adequate. Please see the hydrant location marked on the Vicinity Adjacent Map (page C-35). o Within the building, exit lights and fire extinguishers are required. The primary driveway must be able to support 75,000 pounds all weather -conditions, and must not be blocked by vehicles during operation. The parking area is clearly defined with railroad ties indicating the appropriate parking spaces. All of these fire safety measures are in place and were inspected by the former Fire Marshal, John Jenkins. In addition, the back door handle must be replaced with a single -function knob instead of the current turn -knob. This must be o A ramp to access the building is also required, but John Jenkins allowed that this could be a condition of approval and does not need to be completed by the meeting. This must be completed within 30 days of the project receiving Quorum Court ratification. • Sewer- Fayetteville Sewer- There is an existing connection to the City of Fayetteville sewer system. • Telephone- ATT • Natural Gas- Arkansas Western Gas • Cable- Cox Communications All utilities needed are already available onsite. Roads: As stated earlier, the access drive is existing. It originates in the City of Fayetteville (parcel 765-13150-000, also owned by the applicant), and takes access from a State Highway (AR Hwy. 16 East). The Washington County Road Department has no comments. During a site visit by staff, the sight visibility was inspected. There is no concern about sight visibility from this existing entrance. Both turning directions had good sight distance. General Information: As discussed previously, the general site plan will consists of the following elements: • an existing driveway, • an existing 9400 sq. ft. building, • a gravel parking area in front of the existing building, • and possible signage. (If the City of Fayetteville will not allow them to place a sign within the city limits). • Signage: It is staff's recommendation that the applicant pursue a zoning change with the City of Fayetteville in order to place a sign closer to the road within the city limits. However, staff does not want to limit the applicant if a zoning change cannot be obtained. The applicant was vague in the submittal letter about the type of sign desired. Staff completed an inventory of the surrounding business signs Please see the Surrounding Uses Vicinity map and Photos for types of signs in the area (page C-28-31, 38). Based on this inventory and the surrounding residential nature, staff is recommending that the applicant have a monument style sign, no larger than 4 x 8' (or 32 sq.ft. in area). and not lit from within (directly). Staff is comfortable if the applicant chooses to use up -lighting or some other type of indirect lighting for the sign. The applicant also requested a banner or sign that could be placed on the building. Staff recommends that this sign be a permanent (not a banner) sign, and that the applicant submits plans that show size and location to the Planning Office for approval prior to installation. It should be no more that 18 sq.ft. in area. This sign should also not be directly lit. Additional information about this proposal includes: • The applicant will begin with 90-4'x8' booths and 20-4'x8' shelving units, and could add 60 additional booths if the demand calls for it. • There will be only two employees (the applicants) at the business during the day. Their residence is on the property adjacent to 'the proposed flea market property. • The hours of operation are Monday -Saturday from 10:00am-6:00pm and Sunday from 2:0opm-6:oopm. • There will be approximately 30-50 cars a day (with only 6-8 at one time). • Ali site plan elements should generally adhere to the location and size presented on the plans. • No new structures or hard surface areas may he placed without additional approval • All items to be sold by booth holders should be located inside the building. • Outdoor storage of items to be sold is not allowed. • All outdoor lighting needs to be shielded in a manner that will riot be a nuisance to neighbors or a hazard to passing motorists. Please see attached lighting diagram (page C-22). • Screening: After a site visit, staff does not feel that any additional screening will be necessary. The closest neighbor (Northwest corner) cannot see the parking area because of the existing building, so should not have any additional impact. The other neighbors are effectively screened with existing vegetation. The applicant should make every effort to maintain the existing vegetation and the screening effects provided by that vegetation. As no additional structures or hard surfaces are proposed, staff feels that the applicant will not be removing existing vegetation. City of Fayetteville Comments: As this project is located in the City of Fayetteville's Planning Area. staff asks for comments from the city when reviewing. The City of Fayetteville "finds that the proposal for a low -intensity flea market within the existing nonresidential building can be compatible with surrounding properties Please see the City of Fayetteville's letter for more information (page C-23-24). Assessment of Surrounding Existing Land Use All properties directly adjacent to the project site are residential Please see attached Surrounding Uses Adjacent map (page C-37). Properties within approximately a'h-mile radius of the project site contain similar land uses (mostly residential, subdivision residential and undeveloped/agricultural), however there are also several commercial uses. Staff found seven commercial uses (three which are currently closed for business): To the West: Baldwin Beauty Shop, Baldwin Christian Church, White River Nursery. Car Wash (closed). Baldwin Store (convenience store) and Gas Station (closed), J&J Mobile Tire Service. While the Baldwin Store and adjacent car wash are closed for business, several fruit stands, yard sales, etc... are frequently held in the parking lot, and the signs for the businesses are still in place. To the East: Liquor Store (closed) Please see the Surrounding Uses Vicinity map (page C-38). Neighbors Notified of the Project / Adjacent Neighbor Comments Adjacent property owners within 300 feet of the project site were notified of the proposed project and the public hearing that is to take place. Staff has received no written comments in regards to this project at this time. Staff will update the Board if any comments have been received by the meeting. Washington County Land Use Map The Washington County Future Land Use Map has the project located in an area that is designated as `low density residential'. However, staff feels that due to the low impact nature of this project and existing commercial uses with similar or more impact than this project, this proposal will be very compatible with the residential uses within the area. Please see the Future Land Use map (page C-39). Compatibility Conclusion Staff has concluded that the proposed land use can be compatible with the surrounding area with conditions listed in the staff report. Several factors have led staff to this conclusion. Those include. • adequate sight visibility for entering and exiting the site, • low traffic generation, • fire safety measures including lighted exit signs at emergency exits and fire extinguishers, • adequate turning radius for fire vehicles, • sewer connection to the City of Fayetteville. • water connection to the City of Fayetteville, • all utilities necessary are already in place, • no new structures or hard surfaces are being constructed which means the property will look visually the same as it has in the past. • good screening due to existing vegetation • several commercial businesses are located in the surrounding area. • while all properties directly adjacent to this site are residential, staff feels that this is a transitional area between commern:a'l and residential, • and, based on the goals stated in the Washington County Plan for Land Use and Development: 2. LIGHT COMMERCIAL a. Not incompatible with adjacent residential and agricultural uses: or by conditions placed on such to mitigate its impact. Together with community facilities and compatible residential uses. this use typically serves as a buffer between general commercial and strictly residential uses. STAFF RECOMMENDATION: Staff recommends approval of "The Place" (where treasures are found) Conditional Use Permit with the following conditions: 1. STANDARD CONDITIONS ON CUP APPROVALS. a. Any other land divisions, commercial structures, or other types of uses not considered with this submittal must come through a separate CUP or review process. b. All CUP conditions shall be adhered to and completed in the appropriate time period set out by ordinance. c. This CUP must be ratified by the Quorum Court (Meeting date May 13, 2010) 2. SIGNAGE a. The applicant must pursue a zoning change with the City of Fayetteville in order to place a sign closer to the road within the city limits. b. If unable to obtain permission from the City to place a sign within the city limits, the sign must be a monument style sign, no larger than 4' x 8' (or 32 sq.ft. in area), and not lit from within (directly) Up -lighting or some other type of indirect lighting for the sign is allowed. c. If a sign is placed on the building (either in addition to a monument sign. or as the only sign in the County), it must be a permanent (not a banner) sign. The applicant must submit plans that show size and location to the Planning Office for approval prior to installation. It should be no more that 18 sq.ft. in area. This sign should also not be directly lit. 3. FIRE SAFETY a. The following list of fire safety measures are in place and were inspected, and must remain in place while this business is in operation • Within the building, exit lights and fire extinguishers are required. • The primary driveway must be able to support 75.000 pounds all weather conditions, and must not be blocked by vehicles during operation. • The parking area must be clearly defined (currently with railroad ties) indicating the appropriate parking spaces. b. The back door handle must be replaced with a single -function knob instead of the current turn -knob. This must be completed prior to the Planning Board Meeting. Staff will update you on this condition. c. A ramp to access the building is also required. This must be completed within 30 days of the project receiving Quorum Court ratification. 4. ADDITIONAL a. The applicant will begin with 90-4'x8' booths and 20-4'x8 shelving units, and could add 60 additional booths if the demand calls for it. b. There will be approximately two employees at the business during the day. c. The hours of operation are approximately Monday -Saturday from 10 00am-6:00pm and Sunday from 2:00pm-6:00pm. d There will be approximately 30-50 cars a day (with only 6-8 at one time). e. All site plan elements should generally adhere to the location and size presented on the plans. I. No new structures or hard surface areas may be placed without additional approval. g. All items to be sold by booth holders shall be located inside the building. h. Outdoor storage of items to be sold is not allowed. i. All outdoor lighting needs to be shielded in a manner that will not be a nuisance to neighbors or a hazard to passing motorists. j. The applicant shall make every effort to maintain the existing vegetation and the screening effects provided by the existing vegetation. 5. GENERAL a. No stormwater permit will be required by Washington County at this time Must comply with all ADEQ rules and regulations ZONING BOARD OF ADJUSTMENTS ACTION: P Approved Denied 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'X8booths 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 vendors, who display their goods in them, and we collect the money 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 6:00PM 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 RECEIVED BY APR 062010 WASHINGTON COUNTY PLANNING Et- \ -a, ncn.6 1 „1t., . PLANNING DIVISION CORRESPONDENCE April 14, 2010 RECEIVED BY Ms, Juliet Richey Washington County Planning APR 1 4 2010 2615 Brink Drive Fayetteville, AR 72701 WASHINGTON COUN] Y PLANNING Re: 5975 E. Huntsville Road/The Place Flea Market — Conditional Use Permit review Dear Juliet, Upon our review of conceptual drawings and information supplied to the City of Fayetteville for the proposed Conditional Use Permit known as The Place Flea Market, the following information is offered for your continued review of zoning and development issues related to the development of this site. Location and Use The subject business is located within the City of Fayetteville Planning Area at 5975 E. Huntsville Road; however, the front of the property and access drive is located within the City of Fayetteville and subject to all City ordinances. • The proposal is to use an existing 9,400 sq. ft. building for a flea market business. Future Land Use Plan • The adopted CityPlan 2025 Future Land Use Plan identifies the future use of this property as a Rural Area. The Rural Area land use designation that encompasses this property 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. • The proposed use of the property is for a flea market. While the proposed use is not rural in nature, utilizing the existing nonresidential building for a low -intensity nonresidential use could be compatible with surrounding properties, with appropriate conditions. Conditions • The front portion of the property is zoned RSF-4, Residential single-family — four units per acre. Therefore, no aspect of the business may operate on this property. This includes, but is not limited to, commercial signs, parking for the business, or product display. Additionally, no grading, tree removal, driveway improvements, or any other type of development may occur in this area without first obtaining all necessary approvals from the City of Fayetteville. Consistent violations of City ordinance by the business operator should be grounds for the County to re -review the conditional use approval and if necessary, revoke the conditional use permit. C -a3 THE CITY OF FAYETTEVILLE, ARKANSAS • City of Fayetteville staff would recommend, in accordance with adopted City policies for the future land use of this area, that any development pattern that is approved to be encouraged andlor required to conserve and preserve natural resources to the greatest extent possible, including minimizing land disturbance and tree canopy to only those areas necessary for development. This achieves many goals, including retaining mature tree canopy, retaining soil on the site that would otherwise be washed downstream during rainfall events, and reducing the potential for run-off and sedimentation in culverts, drainage ditches, and area creeks. In the case of the subject property, the applicants have stated that they plan to use an existing grave] area to provide access and parking, and therefore grading and tree removal should not be necessary. • Access is by way of Huntsville Road, a Principal Arterial street on the City's Master Street Plan. This street is a highly traveled two-lane paved road. Therefore, adequate space should be provided on -site to allow customers room to turn around and exit the site in a forward motion. • Specific hours of operation and days of use should be established. Staff finds that the proposal for a low intensity flea market within the existing nonresidential building can be compatible with surrounding properties. However, any change to the business type, number of employees, or parking could have an adverse impact on surrounding residential uses and therefore should require additional review. ``^ Please contact me with any questions. Best Regards, Jesse Fulcher Current Planner City of Fayetteville APF. L 2clIG �I{lrGiOP! CClIN AS1v PLAPa 1Nt' O OH BRISTOL PL -I 02 CAMELOT PL H SETTER ST tt CASTOM DR 2 ,y �Q REVERE PL 0 VICTORIA LN F'OOD LN � 9. MEANDIN ERGWAY,; 1 tE 1A35 fOe � i. A l LOVERy. �iy i`P{21VA J� „ <V a 1 Ge,N TE U RB �1jRD_ MANOR DR < p' ROCKVJOpO _..Q 1 , RK ST O CL SPINE O O 2 i- a Q W .... . 2Q ST 4 FOX b'0, � PO 406 ? \JP ((/ O PRIVATE 635 ROCKCUFF L'LlFFSIOEIbR ORES-1VINE PL w MURAL DR FOSSIL OR 1 CANVAS O w I O plii 2 1 O 1 N 1 _..... WYM I'1 0 yJ to 0 0 w a AN RD TRAVIS'ST ' f ? ire Station #3 1 1 ,1 1 , I , COPED P�iiO 1 1. �MFga � w O , a , 0 PP N I I 1 i I BORICKDR-' I r, 1 1 ON TRL'.. 1 z O 1 1 O 1 SCM T� Q 1 _ _ 2 I 1 ----0 1 , BOULDER LN O , 2 ti5- 2 0 O 3.7 Miles @Lq O OK O 9f ': PO 'FAYGTTEViLLi FIRE bEPPPCTMEN'f VAN -NOOSE OF A 9y� y 0NS RD RZN10-3613 WATSON/5989 HUNTSVILLE Close Up View fl O 'F� of i ✓Y L�5 RkFti W w _ g ,, RBF.4 23.'• LSFII SUBJECT PROPERTY RBFJ RBF4 • l Gt � e Z anu •• ••• Muti-Use Trail (Existing) Future Trails -•••• Mu( -Use Trail (Existing) RZt•10-3613 afootprints 2010 - Hillside -Hilltop Ov rlay District [__J Design Overlay Di trict Design Overlay Di trict ------ Planning Area 0 125 250 500 750 1,000 Fayetteville Ff RZN1 o-36131 WATSON/5989 HUNTSVILLE Future Land Use r qmmqmlKwwr■ * f %SF4J : . : �e1 r.. 44 SRN , � �� SUBJECT PROPERTY RSA RSFi RSF-( ,ai as Ii ■ i ■ ■ Industrial Complete Neight Civic and Private Civic Institutional Non -Municipal G, ROW I Plan Space/Parks D 150 300 600 900 1,200 Feet NORTHWEST ARKANSAS NEWSPAPERSLLc Northwest Arkansas Democrat Gazette The Morning News of Springdale The Morning News of Rogers Northwest Arkansas Times Benton County Daily Record 212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION RECEIVED 0CT 25 2010 CITY OF FAYEITEVILLE CITY CLERK'S OFFICE I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest Arkansas Newspapers LLC. Printed and published in Washington & Benton County, (Lowell), Arkansas and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville — Ordinance No 5355 October 7, 2010 Publication Charge : $ 64.85 Signed: Subscribed and sworn to before me This I3day of Jc.\aL�r , 2010. Notary Public Jim ')t5 Wa ;ng+c,7 County ty My Commission Expires. Co s3,c , r, oe 1 ;7, £47 My Qoimmsnon Exit ,9, 2Q20 I ry n"t Do not pay from Affidavit, an invoice will be sent RECEIVED OCT 2,5 2010 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE F RDINANCE NO. 5355 RDINANCE REZONINGION PROPERTY.IBED IN ATELYING ACRES, LOC TEDFiAT (�T TY\ ^�I 1STI-IU ATELV 30 ACRE5, LOCATED AT /NIjYYCC C 11AST HUNISVILLE ROAD FROM RES TO A -A, -FAMILY, 4 UNITS REP.. ACRE, TO R-A,N IAL AGRICULTURALAaxaxsns ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, SAS: 1. That the zone classification of the following tlesaibed pr,,pedy is hereby changed s: RSF-4, Resider tal Single -Family, 4 units per acre to R -A, Resiueniial Agricultural. as shown on Exhibits "A" and 'B' attached hereto and made a Pan hereof. Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zaniitq change provided in Section 1 above.. PASSED and APPROVED this 21st day of September, 2010. APPROVED: be viewed in the