HomeMy WebLinkAboutOrdinance 5243 Doc ID: 012925940003 Type: REL
Klnd: ORDINANCE
Recorded: 06/22/2009 at 11:15:16 AM
Fee Amt: $25.00 pace 1 of 3
Waehlnaton County. AR
Bette Stamoe Circuit Clerk
Fl1e2009_00019377
ORDINANCE NO. 5243
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 09-3270, FOR APPROXIMATELY 1.00 ACRE,
LOCATED AT 41 EAST NORTH STREET, ON THE SOUTHWEST CORNER
OF NORTH AND POLLARD FROM RSF-4, RESIDENTIAL SINGLE-
FAMILY, 4 UNITS PER ACRE, 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 RSF-4, Residential Single-Family, 4 units per acre
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 2nd day of June, 2009.
APPROVED: ATTEST:
By: ` ate-- By: (&'
I ELD J AN,Mayor SONDRA E. SMITH, City Clerk/Treasurer
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EXHIBIT 'W'
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RZN09-3270 RAMONA JONES/41 E. NORTH
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EXHIBIT `B"
RZN 09-3270
LOTS 4-5 EAST HALF LOT 3 BLOCK 8
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
6/2/2009
City Council Meeting Date
Agenda Items Only
Jesse Fulcher Planning Development Services
Submitted By Division Department
Action Required:
RZN 09-3270: (Ramona Jones, 445): Submitted by Ramona Jones for property located at 41 East North Street, on
the southwest corner of North and Pollard. The property is zoned RSF-4, Residential Single-Family, 4 units per acre,
and contains approximately 1.00 acre. The request is to rezone the subject property to R-O, Residential Office.
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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
v gy.�,py Previous Ordinance or Resolution#
Depa en Dire t r Date
Original Contract Date:
S-I y 4)A Original Contract Number:
City Attornejy� 1 Date
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Finance and Internal Services Director Date Received in City gat RF
Clerk's OfficeL�v' �7y�y�
� C .rT-fiti
eta Date
Received in ENTEREDMayor's Office -6.,�,_ d'i Dq
Mayor bate
Comments:
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Revised January 15,2009
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City Council Meeting of June 2, 2009
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Jeremy C. Pate,Development Services DirectJ
From: Jesse Fulcher, Current Planner
Date: May 13,2009
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Subject: Rezoning for Ramona Jones(RZN 09-3270)
RECOMMENDATION
Staff and the Planning Commission recommend approval of rezoning the subject property
from RSF-4, Residential Single-family to R-O, Residential Office located at 41 E. North
Street.
BACKGROUND
The subject property is located at the southwest corner of North Street and Pollard
Avenue. The approximately 1-acre tract is currently developed with a single-family
dwelling that was constructed in 1942. The property is bordered by the University of
Arkansas for Medical Sciences campus, a parking lot for UAMS, a professional office
building and a single-family residence.
The applicant proposes to rezone the property from RSF-4, Residential single-family to
R-O, Residential Office.
DISCUSSION
This item was heard at the regular Planning Commission meeting on May 11, 2009. The
Planning Commission voted 7-0-0 to forward this rezoning request to the City Council.
BUDGETIMPACT
None.
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ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 09-3270, FOR
APPROXIMATELY 1.00 ACRE, LOCATED AT 41 EAST
NORTH STREET, ON THE SOUTHWEST CORNER OF
NORTH AND POLLARD FROM RSF-4, RESIDENTIAL
SINGLE-FAMILY, 4 UNITS PER ACRE, 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 RSF-4, Residential Single-Family, 4 units per acre
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.
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PASSED and APPROVED this day of 2009.
APPROVED: ATTEST:
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By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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EXHIBIT "A"
RZN09-3270RAMONA JONES/41 E. NORTH
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EXHIBIT "B"
RZN 09-3270
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LOTS 4-5 EAST HALF LOT 3 BLOCK 8
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PC Meeting of May 11, 2009
ARI(ANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission j
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: M -7, 0 Updated May 13, 2009
RZN 09-3270: (RAMONA JONES/41 E.NORTH ST.,445): Submitted by RAMONA JONES
for property located at 41 E. NORTH STREET, ON THE SW CORNER OF NORTH AND
POLLARD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains
approximately 1.00 acre. The request is to rezone the subject property to R-O,Residential Office.
Planner: Jesse Fulcher
BACKGROUND:
Property Description: The subject property is located at the southwest corner of North Street and
Pollard Avenue.The approximately 1-acre tract is currently developed with a single-family dwelling
that was constructed in 1942. The property is bordered by the University of Arkansas for Medical
Sciences campus, a parking lot for UAMS, a professional office building and a single-family
residence.
' SURROUNDING LAND USE AND ZONING: �
Direction from Site Land Use Zoning
North Hospital P-1
South Single-family dwelling RSF-4
East Professional office RSF-4
West Parkin lot R-O
Proposal: The applicant proposes to rezone the property from RSF-4, Residential single-family to
R-O,Residential Office.
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Public Comment: Staff has not received public comment.
RECOMMENDATION:
Staff recommends forwarding the rezoning request RZN 09-3270 (Ramona Jones) to the City
Council with a recommendation of approval based on findings stated herein.
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K.IRepor tA20091PC Reporls112-May I IRZN 09-3270(Ramona Janes).doc
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PLANNING COMMISSION ACTION: Required YES
Date: Mav 11, 2009 O Tabled 11 Forwarded O Denied
Motion: Graves Second: Cabe Vote: 7-0-0
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CITY COUNCIL ACTION: Required YES
O`Approved O Denied
Date:
INFRASTRUCTURE:
Streets: The site has access to North Street and Pollard Avenue.
Water: Public water is available to the property. There is an 8" and 10" main adjacent to the
property.
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Sewer: Sanitary sewer is available to the site. There is a 12"and 6"public main adjacent to the
property.
Drainage: Standard improvements and requirements for drainage will be required for the
development. This property is affected by the 100-year floodplain.
Police: It is the opinion of the Fayetteville Police Department that this RZN will not substantially
alter the population density,and will not create an appreciable or undesirable increase in
the load on police services. This RZN will not create an appreciable increase in traffic
danger and congestion.
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Fire: This property will be covered by Engine#4 located at 708 N. Garland.
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CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates this
site as City Neighborhood Area,which is a denser and primarily residential urban fabric with mixed and
low-intensity nonresidential uses usually confined to corner locations.
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FINDINGS OF THE STAFF
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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 R-O zoning is consistent with the City Neighborhood Area land use
designation,which recognizes mixed and low-intensity nonresidential uses on corner
locations.Based on the City's adopted land use planning objectives and principles,
staff finds that the subject property,which is located on North Street(a principal
arterial) and surrounded on three sides by nonresidential uses, would be more
appropriately regulated under the R-O zoning district than the current Residential
K.IRepor&120091PC ReportsII2-delay Il IRZN 09-3270(Ramona Jones).doc
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single-family zoning designation.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The subject property has been utilized for a single-family residence for j
approximately 65 years; however,it has sat vacant and for sale for the last several
years. Staff finds that the rezoning request is justified at this time to allow the
property to be converted to either a denser residential use, or to a low-intensity
nonresidential use,such as an office,at this corner location. It is evident based on
the surrounding higher intensity land uses that this particular property is no longer
desirable for single-family residential use.
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 RSF-4 to R-O will result in the potential for a
slight increase in traffic compared with that allowed under the existing zoning.
However, the property has direct access to two adjacent streets, including North
Street (a principal arterial), and is only one lot removed from College Avenue (a
principal arterial).
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: Staff finds that the proposed zoning would not create undesirable impacts to public
services, or a density that is incompatible with the surrounding area, based on a
review of infrastructure, existing land uses, and the development potential of the
property.The property is currently zoned for single-family dwellings.The change in
zoning to R-O would not permit uses that would adversely impact public services.
Increased load on public services were taken into consideration and
recommendations from the Engineering,Fire,and Police Departments are included j
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:
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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 whichjustify 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 requested zoning.
K:IReportsl2009lPC ReporuII2-May II IRZN 09-3270(Ramona Jones).doc �!
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161.16 District R-O, Residential Office
(A) Purpose. The Residential-Office District 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 City-wide uses by right
Unit Government facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 12 Offices, studios and related services
Unit 25 Professional offices
(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 park
Unit 13 Eating laces
Unit 15 Neighborhood shopping oods
Unit 24 Home occupations
Unit 26 Multi-familydwellings
Unit 36 Wireless communications facilities .I
11 Unit 42 1 Clean technolo ies
(C) Bulk and area regulations.
(Per dwelling unit for residential structures)
(1) Lot width minimum.
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Manufactured home park 100 ft.
Lot within a manufactured 50 ft.
home park
Single-family 60 it.
.Two-family 60 ft.
Three or more 90 ft. -
(2) Lot area minimum.
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Manufactured home park 3 acres
Lot within a manufactured 4,200 sq.ft.
home park
Townhouses:
Development 10,000 sq.ft.
Individual lot 2,500 sq.ft.
Single-family 6,000 sq.ft.
Two-family 6,500 sq.ft.
Three or more 8,000 s .ft.
Fraterni or Sororit 1 acre
(3) Land area per dwelling unit.
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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.
Fraternity or Sorority
500 sq. ft. per
resident
(D) Density.
1 Units per acre 24 or less
(E) Setback regulations.
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 public alley
10 ft.
Rear, in the Hillside Overlay District
15 ft.
(F) Building height regulations.
Building Height Maximum I 60 ft.
Height regulations. Any building which exceeds the height of 20 feet shall be set 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.
The City of Fayetteville Fire Department
303 W. Center St. Fayetteville, AR. 72701
Phone (479) 575-8365 Fax (479) 575-0471
To: Dara Sanders, Andrew Garner, Jeremy Pate, and Jesse Fulcher
From: David Williams
Date: May 8, 2009
Re: RZN 09-3270: Rezoning (RAMONA JONES / 41 E. NORTH ST., 445
This development will be protected by Engine 2 located at 708 N. Garland.
It is 1.2 miles from the station with an anticipated response time of 4 minutes to the
beginning of the development.
The Fire Department anticipates 1(1 EMS — 0 Fire/Other) calls for service each year.
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.
Fire Marshal
Fayetteville Fire Department
Honor, Commitment, Courage;
Our people make the difference!
1. Check Attached
2. Legal Description: 41 E. North Street, Fayetteville, AR 72701. Lots 4, 5 and
Half of Lot 3 Block 8, City Park Addition-A.L. TRENTS REV (04940) Parcel 765-
03802-000 Washington County
3. Mailing Labels Attached
4. Plat Attached
5. A written description of this request addressing the following items:
a. Current ownership information and any proposed or pending property
sales.
Property is owned by eLa+' It s S4etoat'l" A real estate offer has
been made by Andrea Fournet and Ramona Jones and accepted by owner
conditional on property being rezoned RO. Real Estate Contract attached.
b. Reason (need) for requesting the zoning change.
The location of this property is surrounded to the North by old
Washington Regional Hospital), to the East by RO and to the West by
Washington County Parking Lot. All are already zoned RO or denser.
Realistically this property is no longer a good site for residential use due
to the changes in the neighborhood and surrounding buildings. The best
use for this property is RO or denser.
c. Statement of how the property will relate to surrounding properties in
terms of land use, traffic, appearance and signage.
The property rezoned RO conforms better to the surrounding property
because properties on three side are already RO or denser.
Traffic impact will be minimal.
The current state of the property is dilapidated, vacant for years and in
poor condition. The intended appearance will be improved drastically.
We plan to restore the existing structure and land to its' previous beauty.
Signage will conform to RO requirements.
d. Sewer and water.
The plat shows an 8 inch sewer main going to the house. Jeff Staggs
advised we contact Water & Sewer Maintenance Division to determine if
this is a public or private line.
6. The Planning Commission is required to make specific findings with regard to
this application. The applicant shall provide written statements address the
following:
a. The degree to which the proposed zoning is consistent with land use
planning objectives, principles and policies and with land use and zoning
plans.
According to the City 2025, this property is located in the City
Neighborhood Area. City Neighborhood Area includes 'mixed and low -
intensity nonresidential uses" which are usually confined to corner
locations. This property is located on the corner of North Street and
Pollard and is surrounded on three sides by RO or denser zoning. The
proposed rezoning is 100% consistent with the City of Fayetteville's
planning objectives.
b. Whether the proposed zoning is justified and/or needed at the time of
the request.
This property has been for sale as residential for approximately three
years. In its' present condition it is an eyesore and the longer it stays
vacant is potentially dangerous. Rezoning is needed to make this
property useable and is the best use for the neighborhood.
c. Whether the proposed zoning will create or appreciably increase traffic
danger and congestion.
Property is located on the corner of North Street and Pollard. Rezoning
will not appreciably increase traffic danger or congestion.
d. Whether the proposed zoning will alter population density and
therefore undesirably increase the load on public services including
schools, water and sewer facilities.
Proposed zoning will not alter population density and will not undesirably
increase load on public services.
e. Why it would be impractical to use the land for any of the uses
permitted under its existing zoning.
Property is currently surrounded on three sides by RO or denser zoning;
Parking lot to the west, hospital to the North, and RO to the East. It is
also located on a very busy street, North Street. The property has been
for sale for years and there has been no interest in purchasing it as a
single family residence
RZN09-3270
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RAMONA JONES/41 E. NORTH
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