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Home My WebLink AboutOrdinance 5486 Doc ID: 014502400003 Type: REL Kind: ORDINANCE Recorded: 03/28/2012 at 01:24:12 PM Fee Amt: $25.00 Pace 1 of 3 Washinaton Countv. AR Bette Stamps Circuit Clerk File2012_00008413 ORDINANCE NO. 5486 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 12-4024, FOR APPROXIMATELY 0.4 ACRES, LOCATED AT 1934 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO NS, NEIGHBORHOOD SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from RSF-4, Residential Single-Family, 4 units per acre to NS, Neighborhood Services, as shown on Exhibits "A" and "B" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this 6d day of March, 2012. APPROVED: ATTEST: By: By: ( Ia�— ELD JO ,Mayor LISA BRANSON, Deputy City Clerk `„Y1Olfll,>P •````ER�TR�ai`q`">4 =Vs c ;FAYETTEVILLE. EXHIBIT "A" RZN 12-4024 STILES Close Up View n1eP,a�: z J } W UY O O w ¢� SUBJECT PROPERTY K ASPJ P-1 IP I C4 I J J } W S U i Legend - ••••" " Multi-Use Trail (Existing) LEE ST Future Trails Fayetteville City Limits ` ZN12-4024 ® Footprints 2010 - Hillside-Hilltop Ovi rlay District Design Overlay Di rtrict Design Overlay Di •trict D 75 150 300 450 600 ------ Planning Area Feel EXHIBIT "B" RZN 12-4024 A PART OF THE NORTHEAST QUARTER(NEI/4) OF THE NORTHWEST QUARTER (NWI/4) OF SECTION TWENTY-THREE (23), TOWNSHIP SIXTEEN (16)NORTH, RANGE THIRTY(30) WEST, AND DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT ON THE NORTH LINE OF ARKANSAS STATE HIGHWAY NO. 16, WHICH IS 520 FEET WEST AND 507.7 FEET SOUTH OF THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT,AND RUNNING THENCE NORTH 278 FEET, THENCE EAST 70 FEET, THENCE SOUTH TO THE NORTH LINE OF SAID ARKANSAS STATE HIGHWAY NO. 16, THENCE IN A NORTHWESTERLY DIRECTION WITH SAID NORTH LINE OF SAID ARKANSAS HIGHWAY NO. 16 TO THE POINT OF THE BEGINNING,AND CONTAINING 40/100 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 03/28/2012 01:24:12 PM and recorded in Real Estate File Number 2012-00008413 Bette Stamps- C- cult Clerk by City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 3/6/2012 City Council Meeting Date Agenda Items Only Jesse Fulcher Planning Development Services Submitted By Division Department Action Required: RZN 12-4024: (1934 E. HUNTSVILLE RD./STILES, 565): Submitted by Sharon Stiles for property located at 1934 EAST HUNTSVILLE ROAD. The property is zoned RSF-4, Residential Single-Family, 4 units per acre and contains approximately 0.41 acres. The request is to rezone the subject property to NS, Neighborhood Services. 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 � - 06-1,ptv Previous Ordinance or Resolution# Departmem Dir for Date Original Contract Date: Original Contract Number: City A p 'q Dale Finance and Internal Services Director Date Received in dty2-1 - ! _' ^ 1 :_ F „ Clerk's Office Chief of ff DatejF1 • Received in & Mayor's Office fff +� Mayor at Comments: Revised January 15,2009 Ueyv aye eTHE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Man, Chief of Staff Jeremy Pate, Development Services Directory From: Jesse Fulcher, Current Planner Date: February 16, 2012 Subject: RZN 12-4024 (1934 E. Huntsville Rd./Stiles) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to rezone the subject property from RSF- 4, Residential Single-family, 4 units per acre to NS,Neighborhood Services. BACKGROUND The subject property at 1934 E. Huntsville Road was developed in 1963 with a 1,600 sq. ft. building that was used for television sales and repairs. The property was purchased in 1972 by the current applicants and converted to a catering business with approval of the Planning Commission. The applicant returned to the Planning Commission in 1985 requesting approval for an antique shop in the RSF-4 zoning district. This was allowed under Use Unit 2, City wide uses by conditional use permit. The request was approved and allowed the applicant to construct an additional building behind the original building. The antique shop and buildings have remained relatively unchanged since that time. The applicant recently submitted a building permit for construction of a 32' x 12' storage building on the north side of the property. They intend to use the building for holding furniture that has been purchased by customers and that will be picked up at a later date. Staff was unable to approve the permit, since it's an expansion to a use that was allowed by a conditional use permit. Usually a request to amend the original conditional use application would be an available option for the applicant. However, an antique shop is no longer allowed as a conditional use in the RSF-4 zoning district, requiring the applicant to rezone the property to a district that allows Use Unit 15, Neighborhood Shopping Goods, either by right or by conditional use. The applicant has submitted an application to rezone approximately 0.41 acres from RSF-4 to NS, Neighborhood Services. This will allow the applicant to request conditional use approval for Use Unit 15, Neighborhood Shopping Goods, which will allow an antique store and the desired expansion. DISCUSSION On February 13 2012, the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 9-0-0. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 12-4024, FOR APPROXIMATELY 0.4 ACRES, LOCATED AT 1934 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO NS, NEIGHBORHOOD SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from RSF-4, Residential Single-Family, 4 units per acre to NS, Neighborhood Services, as shown on Exhibits "A" and `B" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this day of 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN12-4024 STILES Close Up View 0 3 r w a SUBJECT PROPERTY _ . �., R$Fd .. � P1 i. C.1 C3 } 0• a w 4Z Legend ....... Multi-Use Traii (Existing). LEE 5T Future Trails Fayetteville City Limits b&WL1RZN12-4024 - Footprints 2010 - Hillside-Hilltop Ov,way District -- –! Design Overlay Di trict Design Overlay Di trict 0 78 150 200 450 800 ------ Planning Area Febt EXHIBIT "B" RZN 12-4024 A PART OF THE NORTHEAST QUARTER(NEI/4)OF THE NORTHWEST QUARTER(NW 1/4)OF SECTION TWENTY-THREE(23),TOWNSHIP SIXTEEN (16)NORTH,RANGE THIRTY(30) WEST,AND DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT ON THE NORTH LINE OF ARKANSAS STATE HIGHWAY NO. 16, WHICH IS 520 FEET WEST AND 507.7 FEET SOUTH OF THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE NORTH 278 FEET,THENCE EAST 70 FEET,THENCE SOUTH TO THE NORTH LINE OF SAID ARKANSAS STATE HIGHWAY NO. 16,THENCE IN A NORTHWESTERLY DIRECTION WITH SAID NORTH LINE OF SAID ARKANSAS HIGHWAY NO. 16 TO THE POINT OF THE BEGINNING, AND CONTAINING 40/100 ACRES, MORE OR LESS. TayeMvl e PC Meeting of February 13, 2012 knrvsns THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: F � Updated February 16, 2012 RZN 12-4024: Rezone (1934 E. HUNTSVILLE RD./STILES, 565): Submitted by SHARON STILES for property located at 1934 EAST HUNTSVILLE ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.41 acres. The request is to rezone the property to NS, NEIGHBORHOOD SERVICES. Planner: Jesse Fulcher BACKGROUND: Property Description:The subject property at 1934 E.Huntsville Road was developed in 1963 with a 1,600 sq. ft.building that was used for television sales and repairs.The property was purchased in 1972 by the current applicants and converted to a catering business with approval of the Planning Commission.The applicant returned to the Planning Commission in 1985 requesting approval for an antique shop in the RSF-4 zoning district. This was allowed under Use Unit 2, City wide uses by conditional use permit. The request was approved and allowed the applicant to construct an additional building behind the original building. The antique shop and buildings have remained relatively unchanged since that time. Surrounding land uses and zoning are shown in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning from Site North Residential RSF-4, Residential single-family, 4 units per acre South Residential C-1, Neighborhood Commercial and RSF-4 East Residential RSF-4, Residential single-family, 4 units per acre West Residential C-1, Neighborhood Commercial and RSF-4 Reason for request: The applicant recently submitted a building permit for construction of a 32' x 12' storage building on the north side of the property. They intend to use the building for holding furniture that has been purchased by customers and that will be picked up at a later date. Staff was unable to approve the permit, since it's an expansion to a use that was allowed by a conditional use permit. Usually a request to amend the original conditional use application would be an available option for the applicant. However, an antique shop is no longer allowed as a conditional use in the RSF-4 zoning district,requiring the applicant to rezone the property to a district that allows Use Unit 15, Neighborhood Shopping Goods, either by right or by conditional use. Proposal: The applicant has submitted an application to rezone approximately 0.41 acres from RSF- 4 to NS,Neighborhood Services. This will allow the applicant to request conditional use approval for Use Unit 15,Neighborhood Shopping Goods, which will allow an antique store and the desired expansion. Public Comment: Staff has not received public comment. RECOMMENDATION: Staff recommends forwarding RZN 12-4024 to the City Council with a recommendation of approval based on findings stated herein. PLANNING COMMISSION ACTION: Required YES Date: February 13,2012 4 Forwarded O Denied O Tabled Motion: Chesser Second: Griffin Vote: 9-0-0 CITY COUNCIL ACTION: Required YES Date: March 6,2012 O Approved Cl Denied INFRASTRUCTURE: Streets: The site has access to Huntsville Road, an unimproved two lane street. The Huntsville Road widening is funded and in design review.These improvements will extend from Stonebridge Road to Armstrong Avenue. Water: There is an 8"water main along Huntsville Road. A new 12"water main is proposed along the south side of the street when the road is widened. Sewer: There is a 6" sewer main to the north of the property. Drainage: Standard improvements and requirements for drainage will be required for any future development. Police: The Fayetteville Police Department has not raised any concerns with the rezoning request. Fire: The Fayetteville Fire Department finds that this rezoning will not affect calls for service or response times. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as Residential Neighborhood Area. These areas are primarily residential in nature and support a variety ofhousing types ofappropriate scale and context. It also encourages traditional neighborhood development that incorporates low-intensity non-residential uses intended to serve the surrounding neighborhood, such as retail and offices, on corners and along connecting corridors. 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 subject property was developed as a small scale commercial establishment in 1963 and has been used as such continuously for the last 49 years. Rezoning the property to Neighborhood Services, which is designed to serve as a mixed use area of low intensity small-scale commercial establishments, will be consistent with the historical land use. This zoning designation will also be consistent with the Future Land Use Plan,which designates this property as a Residential Neighborhood Area. While these areas are predominantly residential, it also encourages traditional neighborhood development that incorporates low-intensity non-residential uses intended to serve the surrounding neighborhood, such as retail and offices, on corners and along connecting corridors 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed rezoning is needed at this time,so the property owner can request approval from the Planning Commission (by conditional use) to allow a small outbuilding to be constructed on the property. An antique shop is not a permitted use, or a conditional use in the current RSF-4 zoning district. Rezoning the property to NS will allow the applicant to submit a conditional use application requesting an expansion to the existing facility. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The owner plans to continue using the property for a antique store after it is rezoned, so an increase in traffic danger or congestion isn't expected. It is possible that the property could be redeveloped, but this would occur after Huntsville Road is widened to four lanes. 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.