HomeMy WebLinkAboutOrdinance 5388 DocID: 013817840004 Type: REL
K1nd: ORDINANCE
Recorded: 03/11/2011 at 02:27:50 PM
Fee Amt: $80.00 Paae 1 of 4
Ma$hinaton Countv. AR
Bette Stamps Circuit Clerk
Flle2011-00006922
ORDINANCE NO. 5388
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 10-3732, FOR APPROXIMATELY 1.64 ACRES,
LOCATED AT 2600 CROSSOVER ROAD FROM R-A, RESIDENTIAL
AGRICULTURAL, TO R-O, RESIDENTIAL OFFICE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the zone classification of the following described property is hereby
changed as follows:
From R-A, Residential Agricultural to R-O, Residential
Office, as shown on Exhibits "A" and `B" attached
hereto and made a part hereof.
Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby
amended to reflect the zoning change provided in Section 1 above.
PASSED and APPROVED this 15th day of February,2011.
APPROVED: ATTEST:
B By:
� dl?li�u
r0OXELD JO ,Mayor SONDRA E. SMITH, City Clerk/Treasurer
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EXHIBIT "Aug
RZN10-3732 2600 CROSSOVER/BROWN
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— Hillside-Hilltop Ov )rlay District
Design Overlay D itrict
Design Overlay D 3trict
------ Planning Area
Fayetteville
0 zo 250 500 eo 000e
EXHIBIT `B"
RZN 10-3732
A PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION THIRTY
ONE (3 1) IN TOWNSHIP SEVENTEEN (17)NORTH OF RANGE TWENTY NINE (29)
WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A
STONE WHICH IS LOCATED SEVEN HUNDRED FIFTY SEVEN AND FIFTY EIGHT
(757.58) FEET EAST AND TEN HUNDRED SIXTEEN AND FOUR-TENTHS (1016.4) FEET
NORTH OF THE SOUTH WEST CORNER OF SAID EIGHTY ACRE TRACT, AND
RUNNING, THENCE NORTH 12* WEST SEVEN HUNDRED TWENTY-SIX AND SEVEN-
TENTHS (726.7) FEET, THENCE WEST THIRTY FIVE (35) FEET TO THE RIGHT OF
WAY OF CROSSOVER ROAD AND CONTINUING WEST TO CENTER-LINE OF SAID
ROAD FORTY ONE (41) FEET ADDITIONAL, THENCE SOUTHERLY WITH CENTER-
LINE OF SAID ROAD TO A POINT SOUTH 73* WEST TWO HUNDRED THIRTY EIGHT
(238) FEET FROM THE POINT OF BEGINNING, THENCE NORTH 73* EAST TWO
HUNDRED THIRTY EIGHT (238) FEET TO THE POINT OF BEGINNING, CONTAINING
TWO AND THREE-TENTHS (2.3) ACRES, MORE OR LESS. SUBJECT TO EASEMENT
FOR CROSSOVER ROAD.
LESS AND ACCEPT A PART OF THE FRACTIONAL WEST HALF OF THE SOUTHWEST
QUARTER OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON
COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT BEING USED AS THE SOUTHWEST SIXTEENTH
CORNER OF SECTION 31; THENCE NORTH 87* 33'22" WEST ALONG THE NORTH
LINE OF THE FRACTIONAL SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 31 A DISTANCE OF 724.70 FEET TO A POINT ON THE EASTERLY RIGHT
OF WAY LINE OF ARKANSAS STATE HIGHWAY 265 AS ESTABLISHED BY AHTD
JOB 040517 TO THE POINT OF BEGINNING; THENCE SOUTH 01* 23' 07" WEST
ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 332.35 FEET TO A POINT ON
THE NORTH LINE OF LOT 6, LYNNWOOD ESTATES; THENCE SOUTH 73* 38, 29"
WEST ALONG SAID NORTH LINE A DISTANCE OF 31.74 FEET TO A POINT ON THE
EASTERLY RIGHT OF WAY LINE OF ARKANSAS STATE HIGHWAY 265 AS
ESTABLISHED BY AHTD JOB 4704; THENCE CONTINUING SOUTH 73* 38' 29" WEST
ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 15.88 TO A POINT; THENCE
NORTH 02* 21' 13" EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 648.71
FEET TO A POINT; THENCE IN A NORTHEASTERLY DIRECTION ALONG SAID RIGHT
OF WAY LINE ON A CURVE TO THE LEFT HAVING A RADIUS OF 2,904.79 FEET A
DISTANCE OF 121.78 FEET HAVING A CHORD BEARING NORTH 01* 09' 10" EAST A
DISTANCE OF 121.77 FEET TO A POINT; THENCE SOUTH 87* 09' 43" EAST ALONG
SAID RIGHT OF WAY LINE A DISTANCE OF 13.59 FEET TO A POINT ON THE SOUTH
LINE OF LOT 20 OF CANDLEWOOD SUBDIVISION; THENCE CONTINUING SOUTH
87* 09' 43"EAST ALONG SAID SOUTH LINE A DISTANCE OF 25.25 FEET TO A POINT
ON THE EASTERLY RIGHT OF WAY LINE OF ARKANSAS STATE HIGHWAY 265 AS
ESTABLISHED BY AHTD JOB 040517; THENCE SOUTH 04* 16' 44" WEST ALONG
SAID RIGHT OF WAY LINE A DISTANCE OF 211.97 FEET TO A POINT; THENCE
SOUTH 00* 26' 59" EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 210.95
FEET TO THE POINT OF BEGINNING AND CONTAINING 0.66 ACRES OR 28,672
SQUARE FEET MORE OR LESS AS SHOWN ON PLANS PREPARED BY THE AHTD
REFERENCED AS JOB 040517.
Washington County, AR
I certify this instrument was filed on
03/11/2011 02:27:50 PM
and recorded in Real Estate
File Number 2011-0000 922
Bette Stamps-Circ 't C rk
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
2/15/2011
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
Action Required:
RZN 10-3732: (Brown, 2600 Crossover Rd, 372): Submitted by BEN ISRAEL for property located at 2600
CROSSOVER ROAD. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 1.64
acres. The request is to rezone the subject property to R-O, Residential Office.
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
Ql• o I Previous Ordinance or Resolution#
Depart nt Dir or Date
Original Contract Date:
L? 4
/'Z 8 - tl Original Contract Number:
Ci ey Date
X, � 0. . -IA-2ali
Finance and Internal Services Director Date Received in CityD 1-23-1 1 Al 1 :0B R C V D
Clerk's Office WV�
CnIlef of taff Date Elt' �ibtl,.`4
Received in
Mayor's Office f!
Mayor / to
Comments:
Revised January 15,2009
ae evl 1e THE CITY OF FAYETTEVILLE,ARKANSAS
Y DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Mani, Chief of Staff ,,pp
Jeremy Pate, Development Services Director 0�
From: Andrew Garner, Senior Planner
Date: January 27, 2011
Subject: RZN10-3732 John Brown/Ben Israel (2600 Crossover Road)
RECOMMENDATION
Planning Commission and staff recommend approval of an ordinance to rezone the subject property from R-A,
Residential Agricultural to R-O, Residential Office (RZN 10-3732).
BACKGROUND
The subject property is located at 2600 Crossover Road and contains approximately 1.64 acres and is developed with
two single-family dwellings that were constructed in 1965 and 1980. The properly is an odd-shaped out-lot adjacent
to the west of the Candlewood Subdivision, and across Crossover Road from the First Freewill Baptist Church.
Crossover Road is planned to be improved in the immediate future by the Arkansas Highway and Transportation
Department to a four-lane boulevard section, with a solid median directly adjacent to this property. The
improvements to Crossover Road require a large acquisition of right-of-way and utility easement along the front of
this property as indicated in the drawings included in this packet.
DISCUSSION
On January 24, 2011 the Planning Commission forwarded this item to the City Council with a recommendation for
approval with a vote of 7-1-0 (Commissioner Honchell voted "no"). At the Planning Commission meeting four
members of the public spoke about this item, three stating that they were opposed, and one in favor of the rezoning.
The staff report and draft meeting minutes are included in this packet.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE, REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 10-3732, FOR
APPROXIMATELY 1.64 ACRES, LOCATED AT 2600
CROSSOVER ROAD FROM R-A, RESIDENTIAL
AGRICULTURAL, TO R-O, RESIDENTIAL OFFICE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the zone classification of the following described property is hereby
changed as follows:
From R-A, Residential Agricultural to R-O, Residential
Office, as shown on Exhibits "A" and `B" attached
hereto and made a part hereof.
Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby
amended to reflect the zoning change provided in Section 1 above.
PASSED and APPROVED this day of 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/1'reasurer
EXHIBIT "A"
RZN10-3732 2600 CROSSOVER/BROWN
Close Up View
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SUBJECT�\ PROPERTY
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RZN;V�3732 +I
Mutt' a Trail (Existingl.,
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FuturelTralls
F,vTootprints 2010
Hillside-Hilltop Ov rlay District
Design Overlay Di 3trict
Design Overlay Di 3trict
------ Planning Area
Fayetteville
0 a 'o 600 so 000
EXHIBIT "B"
RZN 10-3732
A PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION THIRTY
ONE (3 1) IN TOWNSHIP SEVENTEEN (17) NORTH OF RANGE TWENTY NINE (29)
WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A
STONE WHICH IS LOCATED SEVEN HUNDRED FIFTY SEVEN AND FIFTY EIGHT
(757.58) FEET EAST AND TEN HUNDRED SIXTEEN AND FOUR-TENTHS (1016.4) FEET
NORTH OF THE SOUTH WEST CORNER OF SAID EIGHTY ACRE TRACT, AND
RUNNING, THENCE NORTH 12* WEST SEVEN HUNDRED TWENTY-SIX AND SEVEN-
TENTHS (726.7) FEET, THENCE WEST THIRTY FIVE (35) FEET TO THE RIGHT OF
WAY OF CROSSOVER ROAD AND CONTINUING WEST TO CENTER-LINE OF SAID
ROAD FORTY ONE (41) FEET ADDITIONAL, THENCE SOUTHERLY WITH CENTER-
LINE OF SAID ROAD TO A POINT SOUTH 73* WEST TWO HUNDRED THIRTY EIGHT
(23 8) FEET FROM THE POINT OF BEGINNING, THENCE NORTH 73* EAST TWO
HUNDRED THIRTY EIGHT (238) FEET TO THE POINT OF BEGINNING, CONTAINING
TWO AND THREE-TENTHS (2.3) ACRES, MORE OR LESS. SUBJECT TO EASEMENT
FOR CROSSOVER ROAD.
LESS AND ACCEPT A PART OF THE FRACTIONAL WEST HALF OF THE SOUTHWEST
QUARTER OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON
COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT BEING USED AS THE SOUTHWEST SIXTEENTH
CORNER OF SECTION 31; THENCE NORTH 87* 33'22" WEST ALONG THE NORTH
LINE OF THE FRACTIONAL SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 31 A DISTANCE OF 724.70 FEET TO A POINT ON THE EASTERLY RIGHT
OF WAY LINE OF ARKANSAS STATE HIGHWAY 265 AS ESTABLISHED BY AH"I'D
JOB 040517 TO THE POINT OF BEGINNING; THENCE SOUTH 01* 23' 07" WEST
ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 332.35 FEET TO A POINT ON
THE NORTH LINE OF LOT 6, LYNNWOOD ESTATES; THENCE SOUTH 73* 38' 29"
WEST ALONG SAID NORTH LINE A DISTANCE OF 31.74 FEET TO A POINT ON THE
EASTERLY RIGHT OF WAY LINE OF ARKANSAS STATE HIGHWAY 265 AS
ESTABLISHED BY AHTD JOB 4704; THENCE CONTINUING SOUTH 73* 38' 29" WEST
ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 15.88 TO A POINT; THENCE
NORTH 02* 21' 13" EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 648.71
FEET TO A POINT; THENCE IN A NORTHEASTERLY DIRECTION ALONG SAID RIGHT
OF WAY LINE ON A CURVE TO THE LEFT HAVING A RADIUS OF 2,904.79 FEET A
DISTANCE OF 121.78 FEET HAVING A CHORD BEARING NORTH O1* 09' 10" EAST A
DISTANCE OF 121.77 FEET TO A POINT; THENCE SOUTH 87* 09' 43" EAST ALONG
SAID RIGHT OF WAY LINE A DISTANCE OF 13.59 FEET TO A POINT ON THE SOUTH
LINE OF LOT 20 OF CANDLEWOOD SUBDIVISION; THENCE CONTINUING SOUTH
87* 09' 43" EAST ALONG SAID SOUTH LINE A DISTANCE OF 25.25 FEET TO A POINT
ON THE EASTERLY RIGHT OF WAY LINE OF ARKANSAS STATE HIGHWAY 265 AS
ESTABLISHED BY AHTD JOB 040517; THENCE SOUTH 04* 16' 44" WEST ALONG
SAID RIGHT OF WAY LINE A DISTANCE OF 211.97 FEET TO A POINT; THENCE
SOUTH 00* 26' 59" EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 210.95
FEET TO THE POINT OF BEGINNING AND CONTAINING 0.66 ACRES OR 28,672
SQUARE FEET MORE OR LESS AS SHOWN ON PLANS PREPARED BY THE AHTD
REFERENCED AS JOB 040517.
7aye evl le PC Meeting of January 24, 2011
naKnNsns
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Development Services Director
DATE: lanua y-1 1-1- Updated January 27. 2011
RZN 10-3732: Rezoning(2600 CROSSOVER RD./BROWN,326): Submitted by BEN ISRAEL
for property located at 2600 CROSSOVER ROAD. The property is zoned R-A, RESIDENTIAL
AGRICULTURAL and contains approximately 1.64 acres. The request is to rezone the subject
property to R-O, Residential Office. Planner:Andrew Garner
BACKGROUND:
The subject property is located at 2600 Crossover Road and contains approximately 1.64 acres and is
developed with two single-family dwellings that were constructed in 1965 and 1980. Surrounding
land uses are shown in Table 1.
Table 1: Surrounding Land Use and Zoning
Direction from Site Land Use Zoning
North and East Single family residential RSF-4, Residential Single Fancily Four Units Per
Acre
South Undeveloped RSF-2, Residential Single Family Two Units Per
Acre
West Church; single family RSF-4, Residential Single Family Four Units Per
residential Acre; R-A, Residential Agricultural
Proposal: The applicant has submitted an application to rezone the property from R-A, Residential
Agricultural to R-O, Residential Office.
Public Comment. Staff has received three or four phone calls asking about the proposed rezoning.
One of the callers specifically objected to the rezoning, the other callers did not object or were
simply asking for information about the proposal.
RECOMMENDATION:
Staff recommends forwarding RZN 10-3732 to the City Council with a recommendation of approval
based on findings stated herein.
PLANNING COMMISSION ACTION: Required YES
Date: 01-24-11 ❑ Tabled X Forwarded 0 Denied
Motion: Chesser Second: Winston Vote: 7-1-0 (Honchell voted `No')
CITY COUNCIL ACTION: Required YES
❑, Approved ❑ Denied
Date:
INFRASTRUCTURE:
Streets: The site has access to Crossover Rd. Crossover Rd. is a 3 lane state highway in this
location. The AHTD will be improving this highway to a 4 lane boulevard section.
Water: Public water is available to the property. There is a 12" public main located along
the east side of Crossover Rd. adjacent to this property. Public water main
improvements may need to be extended through the property to provide domestic and
fire flow for any proposed development.
Sewer: Sanitary sewer is available to the site. There is an 8" public main located along the
east side of Crossover Rd. adjacent to this property. Public mains may need to be
extended through the property to serve any proposed development. The capacity of
the existing mains may need to be evaluated with 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: The Fayetteville Police Department has not objected to this request.
Fire: This property would be protected by Fire Engine 5 which is one mile from the station
with an anticipated response time of two minutes. The Fire Department does not feel
this rezoning will affect calls for service or response times.
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan
designates this site as Residential Neighborhood Area, which is abnost exclusively residential in
nature, but incorporates low -intensity non-residential uses.
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 proposed rezoning is consistent with current land use planning objectives
and policies. The property is designated Residential Neighborhood Area on the
Future Land Use Plan and is currently zoned R-A. Although the current zoning
designation is compatible with the Future Land Use plan, a Residential Office
zoning is also compatible with the Future Land Use plan and will permit
development of uses compatible with the surrounding area. The 1.64-acre tract
is located adjacent to a major arterial roadway and is an odd -shaped out -lot
that is not a part of a subdivision. This parcel is non -conforming as it does not
meet the two -acre minimum or building setbacks required in the R-A zoning.
This parcel is not feasible for large scale agricultural use or estate residential
use permitted under the R-A zone due to the narrow shape and configuration of
this property. The applicant's proposal to rezone the site to R-O would permit
small scale, low -intensity non-residential uses as proposed by the applicant. The
R-O zoning would also permit single-family and two-family dwellings. Staff
finds that the uses permitted under the R-O zoning would be compatible with
the surrounding properties. The small size and narrow shape of the parcel
substantially limit the amount of developable area and height of any proposed
buildings that could be developed on this site. The small non-residential
building and uses that would be permitted would be compatible with the
surrounding single family and church uses. The proposed rezoning would
provide a feasible development option on the subject property that would be
compatible and provide a transition from the busy and noisy arterial roadway
and the adjacent residences to the east.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The requested rezoning to R-O will allow for development of residential and
office uses. The property could continue as a non -conforming lot with two single
family residences. However, with the pending widening of State Highway 265
(Crossover Road) directly adjacent to this property, this busy high-speed state
highway will be less than 50 feet from the front of these homes. The existing
single family uses have been and will be further impacted by noise and traffic
from Crossover Road. The R-O zoning would permit the property to develop for
non-residential use which may be more viable than retaining the existing
residences.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: It is expected that a rezoning from R-A to R-O could create an increase in
traffic compared with that allowed under the existing zoning. The property is
adjacent to a Principal Arterial street, State Highway 265/Crossover Road. This
road carries high volume and high speed traffic. Development of the property
for an office or other nonresidential use permitted under R-O will result in an
increase in traffic to this site. Access to and from this site shall be reviewed at
the time of development in compliance with the City's Access Management
Ordinance to ensure that it will not create or compound a dangerous traffic
condition. Access would likely be restricted to one access point in compliance
with City ordinance. The improvements to Crossover Road would place a
median directly in front of this property which would limit this property to
right -in, right -out only turning movements. This would reduce potentially
dangerous left turning movements into or out of the property.
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 would not substantially alter the population density in the
area. At this time the property is developed for two single family residences.
Rezoning the property R-O will allow the development of a single family or two-
family dwelling by right, or multi -family dwellings by conditional use. The
applicant anticipates development of an office use, which would increase the
traffic to this property but not increase the population density. Increased load
on public services were taken into consideration and recommendations from
Engineering, Fire, and Police Departments are included in this report.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted under
its existing zoning classifications;
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 is recommending approval.
161.03 District R-A, Residential -Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly
transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas;
obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve
the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
Unit 41
Accessory dwellings
Unit 43
Animal boarding and training
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Units
Government facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density.
Units er acreI One-half 11
(D) Bulk and area regulations.
Lot width minimum
200 ft.
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area er dwellin unit
2 acres
E) Setback requirements.
Front Side Rear
35 ft 20 ft. 35 ft.
(F) Height requirements. There shall be no maximum height limits in the A-1 District, provided, however, that any
building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a
distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required
setback lines.
(G) Building area. None.
(Code 1965, App. A., Art. 5(I ); Ord. No. 1747, 6-29-70; Code 1991, 5160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178,8-31-99;Oid. 5028,
6-19-07; Ord. 5128, 4-15-08; Ord. 5195, 1 1-6-08; Ord. 5238, 5-5-09)
161.17 District R-O, Residential Office
(A) Purpose. The Residential -Office Disn ict is designed primarily to provide area for offices without limitation to
the nature or size of the office, together with community facilities, restaurants and compatible residential uses.
(B) Uses.
(1) Permitted uses.
Unit 1
Cit -wide uses by right
Units
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 12
Limited business
Unit 25
Offices, studios, and related services
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
___ _
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 11
Manufactured home ark`
Unit 13
Eating laces
Unit 15
Neighborhood shopping oods
Unit24
Home occupations
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities*
Unit 42
can technolo ies
(C) Density.
11 Units per acre 1 24 or less
(D) Bulk and area regulations.
(Per dwelling unit for residential structures)
(1) Lot ividth minimum.
Manufactured home park
1,00 ft.
_ ____ _
Lot within a manufactured home
park
_
50 ft.
Single-family
60 ft.
Two-family
60 ft,
Three or more
90 ft.
(2) Lot area mininnon.
Manufactured home park
3 acres
Lot within a manufactured home
park
4,200 sq. ft.
Townhouses:
Development
Individual lot
10,000 sq, ft,
2,500 sq. ft.
Sin2le-family
6,000 sq. ft,
Two-family
6,500 sq. ft.
Three or more
8,000 sq. ft.
11 Fraternity or Sorority 1 acre
(3) Land area her dwelling unit.
Manufactured home
3,000 sq. ft._
Townhouses & apartments:
No bedroom
1,000 sq, ft.
One bedroom
1,000 sq. ft.
Two or more bedrooms
1,200 sq, ft.
Fraternal or Sorority
500 sq. ft. per resident
(E) Setback repdations.
Front
15 ft.
Front, if parking is allowed between the right-
of -way and the building
50 ft.
Front, in the Hillside Overlay District
15 ft.
Side
10 ft.
Side, when contiguous to a residential district
15 ft.
Side, in the Hillside Overlay District
8 ft
Rear, without easement or alley
25 ft.
Rear, from center line of ublic alley10
ft.
Rear, in the Hillside Overlay District
15 ft.
(F) Building height regulations.
11 Building Height Maximum 1 60 ft,
height regulations. Any building which exceeds the height of 20 feet shall beset back from any side boundary line
of an adjacent single family district an additional distance of one foot for each foot of height in excess of 20 feet.
(G) Building area. On any lot, the area occupied by all buildings shall not exceed 60%of the total area of such lot.
(Code No. 1965, App. A, Art. 5(x); Ord. No. 2414, 2-7-79; Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-29-70; Code 1991,
§ 160.041; Ord. No. 4100. §2 (Ex. A), 6-16-98; Ord. No.4178, 8-31-99; Ord. 4726, 7-19-05; Ord 4943, 11-07-06; Ord. 5079, I I-20-07; Ord. 5195, 11-
6-08; Ord. 5224,3-3-09; Ord 5312, 4-20-10)
The City of Fayetteville Fire Department
303 W. Center St. Fayetteville, AR. 72701
Phone (479) 575-8365 Fax (479) 575-0471
Zoning Review
To:
Amy Sloan
From:
Terry Lawson, Fire Marshal
Date:
January 19, 2011
Re:
2600 Crossover
This development will be protected by Engine 5 located at 2600 Crossover Rd.
It is 1 mile from the station with an anticipated response time of 2 minutes to the beginning of the
development.
The Fayetteville Fire Department does not feel this development will affect our calls for service or our
response times.
If you have any questions please feel free to contact me.
Fayetteville Fire Department
Honor, Commitment, Courage;
Our people make the difference!
December 6, 2010
Ben Israel
3061 Market Ave
Suite # 7
Fayetteville, AR 72703
City Planning Office
125 W. Mountain
Fayetteville, AR 72701
To Whom It May Concern
I have been engaged by property owner John Brown who resides at 2600 N. Crossover
Rd, Fayetteville, AR to secure an R-O zoning on property that will remain following the
condemnation and taking of portions of his land by the State of Arkansas Highway
Commission and the City of Fayetteville.
As early as 2004 it was anticipated that the highest and best use of the entire tract was for
10,500 square feet of office space. Dixie Development, Inc had engineering design a
layout for an office building of the size indicated above. However, this project was
delayed and eventually taken off the table due to changes in the real estate market in NW
Arkansas.
It is the desire of the owners and new Developer to rezone the portion that will remain to
R-O which will allow the building of approximately 3,000 to 3,500 square feet of office
space.
This property is currently the residence of the John Brown and Mr. Brown's father lives
in the adjacent house which is also located on this parcel.
The property directly behind (east of) this parcel is Residential and protected by a fence
of sufficient height to limit any issues from the residents. North of the parcel is the same
subdivision also protected by fence. Directly south of this property are some residential
lots that have not sold. Across Highway 265 there is a church and other residential units.
Highway 265 (Crossover Rd) is both a commercial and residential street with
commercial being very prevalent at intersections such as Joyce, Zion, Highway 45,
Highway 16 and various spots both in Fayetteville and in Springdale along the roadway.
There are lots dedicated to offices north of Zion Rd, an assisted living business, a funeral
home, and the Fayetteville Athletic Club and Elks Lodge. South of Zion are medical and
psychological offices.
At Joyce and Crossover there is a Convenience Store, major medical complex, various
office spaces, a bank, restaurant, clothing store and car wash.
At Highway 45 and Highway 265 there are numerous banks, strip shopping mall,
restaurants, convenience stores, storage buildings, car wash, drive through restaurants,
and a multitude of other businesses.
There will be no increase or decrease in traffic count as a result of this re -zoning. Since
we are requesting R-O there will not be any problem with the esthetic value of the office
complex being considered. Residential Office Zoning is the correct zoning for this
location since it is to be a transition between residential and commercial.
Water and sewer are readily available at this site.
I cannot imagine a better use of the remaining land than to build a small office complex.
And it is justified because of the tremendous amount of purely commercial within a few
hundred yards south of the proposed complex.
The size of the parcel will dictate the amount of square footage that can be utilized.
Therefore, there would be no increase in traffic, congestion, or undesirable load on public
utilities. Of course the population density would not be affected by this zoning change.
Property is currently zoned A-R and therefore cannot realize its highest and best use for
the owner.
In compliance with the rezoning checklist I am respectfully submitting this information.
Ben Israel
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CITY OF Property Owner : John David Brown Project Name :
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FAYETTEVILLE Date: Feb. 2010 Scale : 1" = 130' No. Revisions Date
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Planning Commission
January 24, 2011
Page 1 of 2
RZN 10-3732: Rezoning (2600 CROSSOVER RD./BROWN, 326): Submitted by BEN ISRAEL
for property located at 2600 CROSSOVER ROAD. The property is zoned R-A, RESIDENTIAL
AGRICULTURAL and contains approximately 0.66 acre. The request is to rezone the subject
property to R-O, Residential Office.
Andrew Garner, Senior Planner, gave the staff report.
Ben Israel, applicant, described the taking of some of this property required for the Crossover Road
project and for his original intention to build some office on this property.
Public Comment:
Bob Sigafoos, 2689 East Hardy Lane, takes exception to the recommendation by City staff and Mr.
Israel and is opposed to this rezoning. He made some personal comments about the commissioners.
He discussed access along Crossover. This is a negative property for commercial because of the
access. A portion of this property is currently used for grazing horses. He discussed that Highway
265 has a chance to remain a nice rural road.
Dennis Bailey, 2748 East Mockernut Crossing (Hickory Park Subdivision), stated that he was
grateful to the commissioner's volunteer time. He discussed that lie is troubled by this request. He
discussed previous plans to keep commercial uses to certain location around intersections on
Crossover Road. He discussed issues with land use and zoning policy in the City of Fayetteville
over the years and bad decisions over the decades.
Patrick Brown, 2716 North Candlewood Drive, is directly adjacent to this property and is in
support of the rezoning. This would not be detrimental to the Candlewood Subdivision. He
requested that evergreen trees be planted along the property line bordering this property from
Candlewood.
Daphna Chandler, 2796 East Hardy Lane, lives directly across the street. She is concerned with
office use in this location and would like it to stay residential.
No more public comment was presented.
Kit Williams, City Attorney, discussed that conditions such as requiring tree planting, cannot be
required with a rezoning.
Garner discussed the buffer requirement when a non-residential development occurs adjacent to a
residential development.
Commissioner 73onchell discussed that he cannot support this, stating agreement with some of the
public comments. He explained that until Crossover Road is improved he could not support this
type of zoning.
Commissioner Winston asked about the Neighborhood Services zoning district.
Garner explained that the Neighborhood Service zoning district is a form -based zoning which
requires a build -to zone. With the long narrow configuration of this parcel it would not be possible
to development this site under the Neighborhood Service zoning district because the build -to
Planning Commission
January 24, 2011
Page 2 of 2
requirement could not be met and because parking would not be allowed in the build -to zone which
would extend the full length of this parcel's street frontage. He discussed the rationale for why staff
felt the R-A zoning was not appropriate and why the R-O zoning would be appropriate. He
discussed that due to the shape and constraints on this parcel any development would be small scale
and compatible with the surrounding neighbors, in staffs opinion.
Winston pointed out that the median island in front of this parcel would limit traffic in and out of
this parcel.
Commissioner Hoskins pointed out that there are other non-residential uses along Crossover Road
including a church and a gymnastics center in the immediate in this area.
Commissioner Chesser asked about Use Unit 12, Limited Business.
Garner read the description and some of the uses in Use Unit 12.
Commissioner Chesser responded to one of the neighbor's comments that we are now trying to
have more of a mix of uses that in the past. He discussed the undesireable area along North College
Avenue mentioned by the neighbor was caused because uses were separated, forcing all of the
automobile commercial uses in one area. IIe discussed that he felt the R-O zoning would be an
transitional zoning between a busy road and a neighborhood. `-
Kit Williams, City Attorney, pointed out that Use Unit 12, Limited Business, is a conditional use
permit within the residential single family zonings and could be an option for this property. This
would permit small offices as use as a conditional use, where the R-O zoning permits offices as -of -
right.
Motion:
Commissioner Chesser made a motion to forward the item to the City Council with a
recommendation for approval. Commissioner Winston seconded the motion. Upon roll call the
motion passed with a vote of 7-1-0, Commissioner Honchell voting `No'.
NORTHWEST ARKANSAS
RECEIVED
NEWSPAPERS -Lc
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
MAR 31 2011
CITY OF FAYETTEVILLE
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 Favetteville- Ordinance 5388
March 3, 2011
Publication Charge : $ 51.88
Signed: /I ,, ll
Subscribed and sworn to before me
This I%day of N1u- j 2011.
Notary Public
My Commission Expires:
31
'r ,�EiDINANCE f5888 a r P 3�r .
AN" OjiDINl�IJbE HEr9N NG T,HAT PjiOPEjiTy
D�1J3j=D ll+ REZONINC��E[mON pZN 103732 � � e
R APPE�OppM9TELd' 1 F4 AC�fjEB,eLOCAT�'D>AT ,� PP [rli:
�FA4GROSSbyER.HO�U FRQN1,RAgt3EBIDEMIAL qi V� iv�
AGRiQUL7URAL, 7013-Q jiESIpENMLQFFICE s _,,a;ns
BE ;R OHpA1HEC BY JHE CITY-COUNCIL"DF"THE-CITVbFr'FAYY1{TTEVILL'�E;�.
- 1� Thet�flle zgflB claeslficadonaot the fallowing desonl50d pro�rty N< F erelty
changed estWowss :gs ' � r-• t i t
From R A, Peslde24e1 AgFlalturel to R O Resitlgntla;;6ffice yes sfwwn on 6tlrILry�6 A enp,,
fU attached hereto end made a pert herepf -
'SBbtton 2. lhatijfe ofibiel zddingrmaP of the ey'ttf FayettetnlleArkMsea�la fSereb)'j
emended to reflect the zoning change pro kilin" m`, 1 eb11
p've ;
PASSED andAPPR04ED ihls 4.day of February; 2Dit
l+PPRCVED:�ATICST i
=�GNk7-D JORDAN,�b1,4yop,SONORA Ei'SMRH Cay Olekaneasurer
EEthibas for this orditwoe may be viewed in the ofA ; of the City Clew-rreasuref.
Jim (ViGarS <
Washington County
Commission. Number 12374647
Notary Public - Arkansas
t,:'r;� (-Of�11P1OCinn c%iJrCf :_ 9?� �;tnp �
Do not pay from Affidavit, an invoice will be sent