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HomeMy WebLinkAboutORDINANCE 5858113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 5858 File Number: 2016-0101 RZN 16-5310: (1564 E. HUNTSVILLE RD./ZWEIG PROPERTIES): fllllll���Il�l 111 llfll if llllllllllfl� lllfl if llf f llf llllf f III�IIIf 1l llf 11 ffff fllf Doc ID: 017054120003 Type REL Kind: ORDINANCE Recorded: 0:/09I2018 at 09:15:02 AM Fee Amt: $25.00 Pape i of 3 Washington County. AR Kyle 5vlvestee"'r Circuit Clerk File201 6-0002 630 /� T AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5310 FOR APPROXIMATELY 0.46 ACRES LOCATED AT 1564 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS, COMMUNITY 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to CS, Community Services. 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 on 3/15/2016 11%J11i111FIll � Kfr ;i'�' �Jrr •'ol Y p, �C.1■ .Sn� EAYETTEVIi<LE: ;;; Attest: :• � •, ' rap.`' ••A, A Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 3116116 RZN 16-5310 Cease Up View �o M $EQU0YA1-f C1 HUNTSVILLE RD RN Legend �I RZN16-5310 Fayetteville City Li ® Footprints 2010 ----! Design Overlay Di ----- Planning Area EXHIBIT 'A' 16-6310 ZWEIG PROPERTIES 144jn SV'LLE rib "UN rSVILL;E R,) El F-f A 87.5 175 350 525 700 F CA 1M•7 EXHIBIT'B' 16-5310 Legal Description Tract 3: Lot 9 and the West 50 feet of Lot 10 in Block 3, Green Hills Subdivision, to the City of Fayetteville, Washington County, Arkansas, as shown on Plat Record "3" at Page 334. Washington County, AR I certify this instrument was filed on 09/09/2016 09:15:02 AM and recorded in Real Estate File Number 2016-9 026304 Kyle Sylvester - Circ rk by City of Fayetteville, Arkansas 113 West Mountain Street y r'. Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2016-0101 Agenda Date: 3/15/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: D. 2 RZN 16-5310: (1564 E. HUNTSVILLE RD./ZWEIG PROPERTIES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5310 FOR APPROXIMATELY 0.46 ACRES LOCATED AT 1564 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS, COMMUNITY 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to CS, Community Services. 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. City of Fayetteville, Arkansas Page 1 Printed on 311612016 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2016-0101 Legistar File ID 3/15/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/26/2016 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: RZN 16-5310: Rezone (1564 E. HUNTSVILLE RD./ZWEIG PROPERTIES, 526): Submitted by ALAN REID AND ASSOCIATES, INC. for property at 1564 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.46 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Fund Project Title Current Budget $ Funds Obligated $ Current Balance Item Cost Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF rayVk eAS MEETING OF MARCH 15, 2016 CITY COUNCIL AGENDA MEMO TO: Mayor, Fayetteville City Council FROM: Quin Thompson, Current Planner THRU: Andrew Garner, Planning Director DATE: February 26, 2016 SUBJECT: RZN 16-5310: Rezone (1564 E. HUNTSVILLE RD./ZWEIG PROPERTIES, 526): Submitted by ALAN REID AND ASSOCIATES, INC. for property at 1564 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.46 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the property to CS, COMMUNITY SERVICES as shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property is a 0.46 acre parcel located on the northeast corner of Sherman Avenue and Huntsville Road. The parcel is currently zoned RSF-4. The property is developed with a concrete block building of 6,910 square feet. Staff believes that the property has been in commercial/business use since construction in 1965 Land Use Compatibility: The property has been used for commercial purposes since it was constructed in 1965. The immediate area is largely comprised of single-family neighborhood with some limited multi -family development to the south and increased commercial activity to the east nearer the intersection of Huntsville and Happy Hollow Roads. The commercial/non-residential use of this property has been an established part of the character of the neighborhood for over 50 years. This rezoning would bring the property into compliance with its historic use. It would also allow the building to be renovated or the property redeveloped for small-scale non-residential or mixed use that could serve the neighborhood and provide missing middle housing in the core of the city. The small size of the parcel and its corner location on a connecting corridor make it a compatible location for the proposed zoning. Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM) which designates the subject and surrounding properties as Residential Neighborhood Area. One of the primary tenants of City Plan 2030 is for the City to make zoning decisions that help create complete neighborhoods. A complete neighborhood should provide a mix of uses and housing types where residents can live, work, and play all in the same neighborhood. This policy is embedded in the description of Residential Neighborhood Areas by indicating that non- residential services should be encouraged to serve the surrounding neighborhood on corners and Mailing Address: 113 W. Mountain Street www.tayetteville-ar.gov Fayetteville, AR 72701 along connecting corridors. This request fully meets this intent to help create a complete neighborhood. Finally, Goal 1.d. in City Plan 2030 indicates that we are to "Promote densest development around logical future transit stops". The subject property is within a five minute walk of an existing transit stop to the west in front of the Seven Hills Shelter on Huntsville. This rezoning would allow increased density in an area where existing and future transit stops are anticipated on a busy Collector Street connecting east Fayetteville to downtown. Increased density in the realm of at least 8 units/acre is needed to make transit a viable long-term option. DISCUSSION: On February 22, 2016 the Planning Commission forwarded this item as recommended by staff to the City Council with a recommendation for approval by a vote of 9-0-0. BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A ■ Exhibit B ■ Application ■ Planning Commission Staff Report EXHIBIT 'A' 16-5310 EXHIBIT'B' 16-5310 Legal Description Tract 3: Lot 9 and the West 50 feet of Lot 10 in Block 3, Green Hills Subdivision, to the City of Fayetteville, Washington County, Arkansas, as shown on Plat Record "3" at Page 334. CITY OF FAYETTEVILLE, ARKANSAS REZONING FOR STAFF USE ONLY Date Application -Submitted: Date Accepted as, Complete: Case /Appeal Number: Public Hearing Date: FEE: $325.00 Sign Fee. $5.00 S-T-R: PP#: Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished Application: Indicate one contact person for this request: Applicant (person making request): Name: �'�,"�R k- 2wC. L ei , Address: V.,,,; E-mail: Applicant X Representative Representative (engineer, surveyor, realtor, etc.): Name: aLi% ^• E 1,c) Address: I , O1 1 �` -C• 4� 1 tI- E-mail: � �� fir; V 1� inc" �5-c lU �� � • t��.l Phone: Phone: Fax: Fax: Site Address / Location: 5�11-(.0 T C.-d � Current Zoning District: F-S 1-- - `t Requested Zoning District: Assessor's Parcel Number(s) for subject property: `] (.- C-� O r 0 rJ --J J i FINANCIAL INTERESTS The following entities and / or people have financial interest in this project: CS March 2014 Page I APPLICANT /REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions on approval. PROPERTY OWNER(S) /AUTHORIZED AGENT. Uwe certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. (If signed by the authorized agent, a letter from each property owner must be provided indicating that the agent is authorized to act on his/her behalf.) Property Owners of Record (attach addiiiont# info if necessary): Name (printed): 1- I )Z 3 - i)j S ji_� Akk, -- Address: `f o I I j LU Signature: Phone: Date: i t1 0'1`l ) Name (printed): Address: Signature: Phone: Date: ( ) Rezoning Checklist: Attach thefollowing items to this application: (1) Payment in full of applicable fees for processing the application: $325.00 application fee $5.00 public notification sign fee (2) A legal description of the property to be rezoned. A survey may be required if the property description can not accurately be platted or if it is described by referring to other deeds. (3) CD containing a copy of the legal description in MS Word and all required submittal items should be also included on the CD in PDF format. (4) A copy of the county parcel map from the Washington County Assessor's office or from the Washington County website (www.co.washington.ar.us). The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel number for every adjacent property shall be shown on this map. March 2014 Page 2 CITY OF Tay e -V1 ARKANSAS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Quin Thompson, Current Planner UPDATED FEBRUARY 24, 2016 SUBJECT: RZN 16-5310: Rezone (1564 E. HUNTSVILLE RD./ZWEIG PROPERTIES, 526): Submitted by ALAN REID AND ASSOCIATES, INC. for property at 1564 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.46 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: Staff recommends forwarding RZN 16-5310 with a recommendation for approval based upon the findings herein. BACKGROUND: The subject property is a 0.46 acre parcel located on the northeast corner of Sherman Avenue and Huntsville Road. The parcel is currently zoned RSF-4. The property is developed with a concrete block building of 6,910 square feet. Staff believes that the property has been in commercial/business use since construction in 1965. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning RSF-4, Residential Single -Family North Single-family Residential South Two-family Residential Single-family Residential RSF-4, Residential Single-Family/RMF-24, Residential Multi -family RSF-4, Residential Single-Family/RMF-12 Residential Multi -family East _ West Single-family Residential RSF-4, Residential Single -Family Request: The request is to rezone the property from RSF-4 to CS, in order to bring the existing historic uses into compliance with zoning code. Public Comment: Staff has received no public comment. Panning s Mailing Address: February 22, 2( 113 W. Mountain Street www.fayettevilWgeM(9AVem Fayetteville, AR 72701 16-5310 Zweig Proped INFRASTRUCTURE: Streets: The subject parcel has access to East Huntsville Road, a collector street. The southern side of the street is fully improved with sidewalk, curb/gutter, and storm drainage. The subject parcel's frontage is unimproved. Any further street improvements would be determined at time of development. Water: Public water is available to the site. An 8" water main runs along the parcel frontage in East Huntsville Road. Sewer: Public sewer is available to the site. A 6" sewer main runs through the subject parcel in a utility easement. Drainage: Any additional improvements or requirements for drainage would be determined at time of development. No portions of this parcel lie within the FEMA designated 100-yr floodplain. No protected streams are present on this parcel. No portion of this parcel lies within the HHOD, however GIS does indicate some areas of 15% or greater slope. Fire: The Fire Department did not express any concerns with the request. Police: The Police Department did not express any concerns with this request. CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single family, multifamily and row - houses. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighbor- hood, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features in the natural envi- ronment. FINDINGS OF THE STAFF 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: Land Use Compatibility: The property has been developed with a building that appears to have been used for commercial purposes since it was constructed in 1965. The immediate area is largely comprised of single- family neighborhood with some limited multi -family development to the south and increased commercial activity to the east nearer the intersection of Huntsville and Happy Hollow Roads. The commercial/non-residential use of this property has been an established part of the character of the neighborhood for over 50 years. This rezoning would bring the property into compliance with its historic use. It would also allow the building to be Planning Commiss February 22, 2( G:\ETC\Development Services Review\2016\Development Review\16-5310 RZN 1564 E. Agenda Item Huntsville Rd. (Zweig) 526\03 Planning Commission\02-22-2016\Comments and Redlines 16-5310 Zweig Propert renovated or the property redeveloped for small-scale non-residential or mixed use that could serve the neighborhood and provide missing middle housing in the core of the city. The small size of the parcel and its corner location on a connecting corridor make it a compatible location for the proposed zoning. Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM) which designates the subject and surrounding properties as Residential Neighborhood Area. One of the primary tenants of City Plan 2030 is for the City to make zoning decisions that help create complete neighborhoods. A complete neighborhood should provide a mix of uses and housing types where residents can live, work, and play all in the same neighborhood. This policy is embedded in the description of Residential Neighborhood Areas by indicating that non-residential services should be encouraged to serve the surrounding neighborhood on corners and along connecting corridors. This request fully meets this intent to help create a complete neighborhood. Finally, Goal 1.d. in City Plan 2030 indicates that we are to "Promote densest development around logical future transit stops". The subject property is within a five minute walk of an existing transit stop to the west in front of the Seven Hills Shelter on Huntsville. This rezoning would allow increased density in an area where existing and future transit stops are anticipated on a busy Collector Street connecting east Fayetteville to downtown. Increased density in the realm of at least 8 units/acre is needed to make transit a viable long-term option. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant has requested the zoning change in order to bring the use of the building into conformance with the zoning code. The building is a concrete block commercial property, and to staff knowledge has never been used in a residential capacity. Under the proposed zoning, the property would allow a variety of uses, from single- to multi -family residential, mixed - use, and commercial. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has access to Huntsville Road, partially improved `Collector' street, and Sherman Avenue, an unimproved `Local' street. The proposed zone is neither likely to increase traffic on this or nearby properties, nor have significant negative impact on safety and congestion in the area, both due to the small size of the parcel and commercial nature of uses on this property in the previous decades without issue as far as staff is aware. 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. Planning Commiss February 22, 2( G:\ETC\Development Services Review\2016\Development Review\16-5310 RZN 1564 E. Agenda Item Huntsville Rd. (Zweig) 526\03 Planning Comm ission\02-22-2016\Com m ents and Redlines 16-5310 Zweig Propert Finding: Rezoning the 0.46 acre property from RSF-4 to CS would not likely alter future population density and should not undesirably affect load on public services. The property is developed with a commercial building, and have been used in that capacity for a number of years. The Police and Fire Departments have expressed no objections to the proposal. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Staff recommends forwarding RZN 16-5310 to the City Council with a recommendation for approval based on the findings discussed throughout this report. PLANNING COMMISSION ACTION: Required YES Date: February 22, 2016 O Tabled IN Forwarded O Denied Motion: CHESSER, FORWARD W/ RECOMMENDATION FOR APPR Second: SELBY vote: 9-0-0 CITY COUNCIL ACTION: Required YES Date: March 15, 2016 O Approved 0 Denied BUDGET/STAFF IMPACT: None Attachments: ■ Unified Development Code sections 161.19 & 161.07 ■ Request letter ■ Applicant's rezone exhibit ■ One Mile Map, Close -Up Map, Current Land Use Map, Future Land Use Map WETC\Development Services Review\2016\Development Review\16-5310 RZN 1564 E. Huntsville Rd. (Zweig) 526\03 Planning Comm ission\02-22-2016\Comments and Redlines Planning Commiss February 22, 2( Agenda Item 16-5310 Zweig Properi G:\ETC\Development Services Review\2016\Development Review\16-5310 RZN 1564 E. Huntsville Rd. (Zweig) 526\03 Planning Commission\02-22-2016\Comments and Redlines Planning Commiss February 22, 2C Agenda Item 16-5310 Zweig Proper! 161.07 District RSF-4, Residential Single - Family — Four Units Per Acre (A) Purpose. 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 1 Cit -wide uses b ri ht Unit 8 Single-family dwellings i 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 Unit 44 Cottacie Housinn Development (C) Density. Single-family dwellings Two-family dwellin s Units oer acre 4 or less 7 or less (D) Bulk and area regulations - Single -family Two-family dwellings dwellings Lot minimum 70 ft. 80 ft. width 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. dwellina unit (E) Setback requirements. Front Side Rear 15 ft. 5 ft. 15 ft. (F) Building height regulations. Suildin Hei ht Maximum 45 ft. Height regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses, (ord. # 4858). (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; 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; Ord. 5462, 12-6-11) Planning Commiss February 22, 2( Agenda Item 16-5310 Zweig Properl CITY OF FAYETTEVILLE UNIFIED DEVELOPMENT CODE 161.19 Community Services (A) Purpose. The Community Services district is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (6) Uses. (1) Permitted uses. Unit 1 City-wide uses by right —t Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Sin le-famil dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellino_ s o Unit 13 Eating places Unit 15 _ Neighborhood Shopping oods Unit 18 Gasoline service stations and drive- in/drive through restaurants Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 44 Cottage HousinEDevelopment} Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. 'Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel. motel and amusement services Unit 16 Shop2ing goods Unit 17 Transportation. trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities" Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None (D) Bulk and area regulations. (1) Lot width minimum. Dwellin 18 ft. �N All others None v �} Planning Commiss February 22, 2( Agenda Item 16-5310 Zweig Propert (2) Lot area minirnurn. None (E), Setback regulations. Front: A build -to zone that is located between 10 feet and a line 25 feet from the front property line. Side and rear: Bone Side or rear, when contiguous 15 feet to a single-family residential district: (F) Buildlhg Height Regulations. uildin Hei it Maximum 156 ft. ({G) Minimum buildable street frontage. 50% of the lot width. (Ord. 5312, 4-20-10; Ord.. 5339, B-3.10: Ord, 5462. 12-6.11.Ord. 5592. 6-18-13: Ord. 5604. 2-18.14) Planning Commiss February 22, 2i Agenda Item 16-5310 Zweig Properl APA January 11, 2016 City of Fayetteville 125 West Mountain Street Fayetteville, Arkansas 72701 Re: Rezoning Request 1564 E. Huntsville Road Dear Planners: Alan Reid & ASSOCIATES PROFESSIONAL LAND SURVEYORS On behalf of my clients, Mark Zweig Inc., applicant, and First Western Bank, owner, I am submitting for your review, a rezoning request on property located at 1564 E. Huntsville Road. The property is currently zoned RSF4. A conditional use permit has allowed the property to be utilized as a commercial enterprise. My client wishes to rezone the property to Community Services (CS). Current Owner: First Westem Bank, 401 W. Walnut, Rogers, AR 72756 The reason for this request is to allow the owner to continue the commercial use but in a much broader set of circumstances. As the property is already developed and its use has been commercial, the owner sees no new impact on use, traffic, appearance or signage. Water and sewer presently serve the existing structure. My client feels that the rezoning is justified as the current building and use is commercial in nature. My client feels that removing the present conditional use permit and rezoning to a commercial status wilt not have an appreciable increase on traffic and/or congestion. The property is situated on a comer lot with access to Huntsville Road along the South boundary and Sherman Avenue along the West boundary. Traffic will not have to flow through a residential neighborhood to access this property. Due to the size of the property, there should not be an undesirable increase to public services or population density. The current building is situated in a residential zoning area It was not built as a residence but as a commercial business. The property is located in an area which contains other commercial properties situated on either side of Huntsville Road. R s ectf�y, Alin Reid Professional Land Surveyor 118 S College Avenue Fayetteville, Arkansas 7270'1 479 444 8784 arasurveying@sbcglobal.net Planning Commiss February 22, 2( Agenda Item 16-5310 Zweig Propert >: W N LL r . Y � �. m- � v CD,ts p 009 �• a 7 0. L oN o C 0009 CO04 .. a 0.l}7 'ti1M. - U) low.}` o �• ° Mr , - a g a: C'j � d LU c0 to Z,:2q rU�� i O m � a` f � : C •� �1 � � � W ` Z 1' Q cn z M ally E li I wFo sue,. � � 111 b 0 L N: W u1 oC +i1 r �, i , QF r <Q r". 0A<z ad ir OM W -100 .4 ui .. p• ' ry -• x ;, ,. ' Planning ommiss Fehr ry 22, 2( Agenda Item 16-5310 Zweig Propert RZN 16-5310 ZWEIG PROPERTIES Current Laa d Use yr. m ��,; �� 4 'j��Y � gy k t { �. Y�,; � •� R. _,t ,� fit J *, �` `` ��. •���`� SUBJECT PROPERTY �- y t" Multi-f=amdy ia 'r �:]�' . '� ti � ya.. :t . 1. •+ r `"+�.' � F '1! "� f, � w. 1'�' ; - , a °' �3�'' } t '�.. x.,��•3t`� '�", .5i,„� � Single Farni9y �" `' r •�'�"�`` fi1.4 Z Hf1=�T�t 1 I��r y 1• ! art r,,,`+,.ak'lyiL14 J"k$Vf1n.L` rji1►.i.F.x.a.z Lingle Family MUM F@Mily y���, lot r, e A. _ T+Office ti Y �'VA r ' K end Ore ew RZN 1 G-531 U Fayetteville City Li its Footprints 2010 Design Overlay Di strict D 87.5 175 350 525 700 Planning Commi s Planning Area Feel February 22Agapda 'to 16.5310 Zweig Properl P.O. E:')%;'6, 7 FAYETTEVILI..E, AR 72702 • 4.79 d42-1700 • FAA`: 479-695-1115 • W'WW NVVA1)G i 0i,' AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. No. 5858 Was inserted in the Regular Edition on: March 24, 2016 Publication Charges $ 70.20 cak, wit,3 Cathy Wiles Subscribed and sworn to before me This'2!;day of MU., 2016. Notary Public My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance:5858 File Number: 2016-0101 RZN 16-5310: (1564 E. HUNTSVILLE RD./ZWEIG PROPERTIES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5310 FOR APPROXIMATELY 0.46 ACRES LOCATED AT 1564 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS, COMMUNITY 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to CS, Community Services. 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 on 3/15/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73626437 March 24, 2016