Loading...
HomeMy WebLinkAboutORDINANCE 5971r 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5971 File Number: 2017-0205 RZN 17-5728 (1640 S. HANSHEW RD./WM. LINDSEY): M MIIII�M 4,II4� 444II4�I44�444IC44I444f MINI I14I11441444t411���1 �14441f41i14444i11 Doc ID: 0'7493510003 Type. REL Kind; 0RDINANCE Recorded: 06/15/2017 at 02:19:18 PM Fee Amt: $25.00 Page 1 of 3 uashin,ton CountyAS Kyle Sylvester Ci��, cunnitt Glerrkk �j�^ Q File2017 `VV01VVVV AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17- 5728 FOR APPROXIMATELY 1.25 ACRES LOCATED AT 1640 S. HANSHEW ROAD FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO C-2, THOROUGHFARE COMMERCIAL 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 C-2, Thoroughfare Commercial. 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 5/2/2017 Attest: ollIIII11l►►► r � � � ter. Sondra E. Smith, City Clerk Treas> r ' G'�� Y 0": • � FAYETTEVILLE* Page 1 P RZN 17-5728 Close Up View C- r VI M. L.INDSEY 17-5728 EXHIBIT 'A' Legend Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint Feet 0 75 150 300 450 600 1 inch = 200 feet 11,S -4 A& NORTH Residential -Agricultural RSF-4 C-1 C-2 Community Services 17-5728 EXHIBIT "B' PARCEL #765-14810-000 A PART OF THE FRACTIONAL NORTHWEST QUARTER OF THE FRACTIONAL SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS NO2°18'40"E 662.01' FROM THE SOUTHWEST CORNER OF SAID FRACIONAL FORTY ACRE TRACT, AND RUNNING THENCE NO2°18'40"E 150.79' TO A SET NAIL, THENCH S88°28'17"E 176.43' TO A FOUND IRON PIN, THENCE S01°28'20"W 150.78' TO A SET IRON PIN, THENCE N88°28'17"W 178.64' TO THE POINT OF BEGINNING. CONTAINING 0.62 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY, IF ANY. PARCEL #765-14788-000 A PART OF THE FRACTIONAL NORTHWEST QUARTER OF THE FRACTIONAL SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS NO2°18'40"E 513.17' FROM THE SOUTHWEST CORNER OF SAID FRACIONAL FORTY ACRE TRACT, AND RUNNING THENCE NO2°18'40"E 148.84', THENCH S88°28'17"E 178.64' TO A SET IRON PIN, THENCE S01°28'20"W 148.82' TO A SET IRON PIN, THENCE N88°28'17"W 180.81' TO THE POINT OF BEGINNING. CONTAINING 0.61 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY, IF ANY. Washington County, AR I certify this instrument was filed on 06/15/2017 02:19:18 PM and recorded in Real Estate tat6e8 File Number 2017- Kyle Sylvester - Ci A by 0 City of Fayetteville, Arkansas 113 West Mountain Street a Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0205 Agenda Date: 5/2/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 5 RZN 17-5728 (1640 S. HANSHEW RD./WM. LINDSEY): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-5728 FOR APPROXIMATELY 1.25 ACRES LOCATED AT 1640 S. HANSHEW ROAD FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO C-2, THOROUGHFARE COMMERCIAL 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 C-2, Thoroughfare Commercial. 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 51312017 Andrew Garner Submitted By City of Fayetteville Staff Review Form 2017-0205 Legistar File ID 5/2/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/14/2017 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: RZN 17-5728: Rezone (1640 S. HANSHEW RD./WM. LINDSEY, 596): Submitted by WILLIAM LINDSEY for properties at 1640 S. HANSHEW RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY and contain approximately 1.25 acres. The request is to rezone the properties to C-2, COMMERCIAL THOROUGHFARE. 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: Approval Date: Comments: CITY OF s CITY COUNCIL AGENDA MEMO Tay le ARKANSAS MEETING OF MAY 2, 2017 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, Planning Director FROM: Jonathan Curth, Senior Planner DATE: April 14, 2017 SUBJECT: RZN 17-5728: Rezone (1640 S. HANSHEW RD./WM. LINDSEY, 596): Submitted by WILLIAM LINDSEY for properties at 1640 S. HANSHEW RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY and contain approximately 1.25 acres. The request is to rezone the properties to C-2, COMMERCIAL THOROUGHFARE. RECOMMENDATION: The City Planning staff and Planning Commission recommend approval of an ordinance to rezone the subject property to C-2, Thoroughfare Commerical, as shown in the attached Exhibits 'A' and `B' BACKGROUND: The proposed rezoning request is for two parcels, totaling approximately 1.25 acres to the east of Hanshew Road, just south of Martin Luther King Boulevard/Highway 62. The site is zoned RSF- 4, Residential Single Family, 4 Units per Acre, and was annexed in to the City of Fayetteville in August of 1967 but never developed. Currently, and although zoned residentially, the property is being used in association with the property owner's business, Unique Creations by Billy, Inc. on the adjacent parcel to the north, and has been since 2011. In December of 2016, in response to a complaint, City staff identified several zoning violations on the subject property and its use related to the property owner's business to the north (included in the attached Planning Commission Staff Report). The owner expressed the desire to address these violations and to allow for a future expansion of his business by rezoning his property. Request: The request is to rezone the subject property from RSF-4, Residential Single-family, 4 Units per Acre, to C-2, Thoroughfare Commercial, in order to expand an existing automotive business southward. Land Use Compatibility: Given the existing land uses in the subject property's vicinity it is difficult to assess or uniformly declare compatibility of the proposed rezoning. On the one hand, the properties to the north and east are commercially -zoned with existing vehicle -oriented uses that would be consistent with the commercial activities permitted under the C-2 zoning district. On the other hand, to the south and west are properties that are largely undeveloped apart from a few large -lot residential dwellings. Given this, and with due consideration for the City Neighborhood Area land use designation in the area and recent rezonings to the west at the intersection of Martin Luther King Boulevard and Rupple Road, it is likely that the intervening undeveloped land Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 will ultimately be rezoned and developed in to more intense uses more commonly found along corridors with comparable traffic volume. Land Use Plan Analysis: The proposed zoning is generally consistent with the Future Land Use Map (FLUM) of the City Plan 2030, but not with goals laid out in City Plan 2030 itself. Among the goals of City Plan 2030 and the City Neighborhood Area designation are the encouragement of mixed -used development and development in a traditional town form. Rezoning the subject property to C-2 will not likely accomplish either of these objectives, as the C-2 zoning requires a suburban pattern of development, and does not permit most classifications of residential housing. However, extending the existing C-2 zoning designation southward will allow full utilization of property that has been used in association with the neighboring commercial business for several years. Additionally, this will generally mirror the depth of the C-2 zoning to the east that has been used as an auto salvage yard for many years. The proposed rezoning to C-2 is needed as an_early step to begin addressing zoning violations that have resulted from expansion of the property owner's business southward in to residentially - zoned parcels from the commercially -zoned property in the north. The property owner currently operates a vehicle repair and restoration business, and has an interest in being able to expand the business to his properties to the south. DISCUSSION: This item was discussed at the March 27, 2017 Planning Commission meeting. At that meeting several members of the public spoke in opposition to the rezoning. Primary items of concern were that the requested rezoning may allow other zoning violations to be resolved and that Hanshew Road is not currently adequate for existing traffic, much less increased intensity or activity. The Planning Commission discussed the value of businesses like the applicant's for City residents, but tabled the item pending more detailed information about the current zoning violations. For the April 10, 2017 meeting, staff provided a detailed document of all current zoning violations, and possible means of resolution. Following public comment by a resident restating concern for the adequacy of Hanshew Road along with- numerous_ residents and customers of the applicant attesting to his character and importance of his business, the Planning Commission forwarded the proposal to 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 RZN 17-5728 Close Up View C -t M. LINDSEY C3 It -A { Legend Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint 9 Subject Property Feet 0 75 150 300 450 600 1 inch = 200 feet C-2 17-5728 EXHIBIT 'A' RSF-d Residential -Agricultural RS F-4 C-1 C-2 Community Services 17-5728 EXHIBIT 'B' PARCEL #765-14810-000 A PART OF THE FRACTIONAL NORTHWEST QUARTER OF THE FRACTIONAL SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS NO2°18'40"E 662.01' FROM THE SOUTHWEST CORNER OF SAID FRACIONAL FORTY ACRE TRACT, AND RUNNING THENCE NO2°18'40"E 150.79' TO A SET NAIL, THENCH S88°28'17"E 176.43' TO A FOUND IRON PIN, THENCE S01°28'20"W 150.78' TO A SET IRON PIN, THENCE N88°28'17"W 178.64' TO THE POINT OF BEGINNING. CONTAINING 0.62 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY, IF ANY. PARCEL #765-14788-000 A PART OF THE FRACTIONAL NORTHWEST QUARTER OF THE FRACTIONAL SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS NO2°18'40"E 513.17' FROM THE SOUTHWEST CORNER OF SAID FRACIONAL FORTY ACRE TRACT, AND RUNNING THENCE NO2°18'40"E 148.84', THENCH S88°28'17"E 178.64' TO A SET IRON PIN, THENCE S01°28'20"W 148.82' TO A SET IRON PIN, THENCE N88°28'17"W 180.81' TOTHE POINT OF BEGINNING. CONTAINING 0.61 ACRES, MORE OR LESS. SUBJECTTO EASEMENTS AND RIGHTS=OF-WAY, IF ANY. CITY OF FAYETTEVILLE, ARKANSAS IM -Ed l �l FOR STAFF USE ONLY FEE: $325.00 Date Application Submitted: Sign Fee: $5.00 Date Accepted as Complete:S-7'-R;I Case /Appeal Number. 5120, PP#: Public Hearing Date: (U ..., 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 Representative Applicant (person -making request): Representative (engineer, surveyor, realtor, etc.): Name: M l l l a' L�i n eu i i EfL .12 W5 TA- I li E-mail: . l ... , �i?�k i Name: Address: E-mail: Phone: Fax: Site Address / Location; ty�_S�lQl� jP1l�I [ Fm1ey I JLp3 �K —Q,7)i Current Zoning Dktric _ Requested Zoning District: Assessor's Parcel Number(s) for subject property: —105 —1400 16 — )W f —[ (05 — IL{, S1 — WQ 1 � 1!5 AC FINANCIAL INTERESTS The following entities and / orpcople have financial interest intthis project: i► March 2014 Page I APPLICANT /REPRESENTATIVE: 1 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) /AUTHORI7.ED AGENT: I/we 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 additional info if necessary): Name (printed): Si nt:iltare; Date: `/��1•�! • �, rte! �• � � � 1 624 one: q-&( (All )-19131 Name (printed): Address; Signature. Phone: Date: Rezoning Checklist: Attach the following items to this application: (l) 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.washirtgqon.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 ■ le ay ARKANSAS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Jonathan Curth, Senior Planner March 27, 2017 (Updated with Planning Commission Results) SUBJECT: RZN 17-5728: Rezone (1640 S. HANSHEW RD./WM. LINDSEY, 596): Submitted by WILLIAM LINDSEY for properties at 1640 S. HANSHEW RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY and contain approximately 1.25 acres. The request is to rezone the properties to C-2, COMMERCIAL THOROUGHFARE. RECOMMENDATION: Staff recommends forwarding RZN 17-5728 to the City Council with a recommendation of approval, based on the findings herein. BACKGROUND: March 27 2017 Planning Commission Meefirr : The previous request by the applicant was to rezone the subiect property to C-2, Thoroughfare Commercial, with an intention of expanding property owner's business to the subiect properties. This item was tabled at the March 27, 2017 Planning Commission meeting to give staff and the applicant to reassess existing zoning violations and outline the required steps to address the commentsa{?d concerns expressed by neighbors. The zoning violations have been detailed and are attached to this report. The proposed rezoning request is for two parcels, totaling approximately 1.25 acres to the east of Hanshew Road, just south of Martin Luther King Boulevard/Highway 62. The site is zoned RSF- 41 Residential Single Family, 4 Units per Acre, and was annexed in to the City of Fayetteville in August of 1967 but never developed. Currently, and although zoned residentially, the property is being used in association with the property owner's business, Unique Creations by Billy, Inc. on the adjacent parcel to the north, and has been since 2011. In December of 2016, in response to a complaint, City staff identified several zoning violations (see attached) on the subject property and its use related to the property owner's business to the north. The owner expressed the desire to address these violations and to allow for a future expansion of his business by rezoning his property. Surrounding land use and zoning is depicted on Table 1. Surround Direction Land Use North _ Vehicle Repair/Restoration; South Single-family Residential East Auto Salvage West Undeveloped Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 Table 1 Land Use and Zonin C-2, Thoroughfare Commercial RSF-4, Residential Single-family, 4 Units per Acre C-2, Thoroughfare Commercial; R -A. Residential -Agricultural R -A, Residential -Agricultural www,fayetteville -a r.gov Request: The request is to rezone the subject property from RSF-4, Residential Single-family, 4 Units per Acre, to C-2, Thoroughfare Commercial, in order to expand an existing automotive business southward. Public Comment from the March 27, 2017 Planning Commission meeting: Although staff only received inquires about the rezoning prior to its public hearing, multiple residents spoke before the Planning Commission expressing frustration at the City's delay in addressing zoning violations on the property and communicating the process. Other concerns included the inadequacy of the Hanshew Road to handle increased traffic, much less the existing vehicle movements associated with the applicant's business. Public Comment before the April 10, 2017 Planning Commission meeting: Staff was contacted and asked to consider safety concerns regarding the existing residential structure north of the property that is the subject of this rezoning. INFRASTRUCTURE: Streets: The subject parcels have access to Hanshew Road along their western boundary. Hanshew Road is an unimproved asphalt street, approximately 16 feet wide, with open ditches on each side. No curb/gutter, storm drainage, or sidewalks have been constructed. Any street improvements would be determined at the time of development- proposal. Water: Public water is available to the site. An existing 6 -inch water main runs along the western side of Hanshew Road. Sewer: Public sanitary sewer is available to the site. An existing 6 -inch sewer main -is located under Hanshew Road. Drainage: Any additional improvements or requirements for drainage would be determined at the time of development. No portion of these parcels lie within the FEMA designated 100 -yr floodplain or the HHOD. Hydric Soils have been identified on portions of these parcels and would require a wetlands determination to be provided at the time of development proposal. Fire: The Fire Department did not express any concerns with this request. Police: The Police Department did not express any concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the properties within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types. 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. GAETC\Development Services Review\2017\Development Review\17-5728 RZN 1640 S. Hanshew Rd. (Wm. Lindsey) 596\03 Planning Commission\03-27-2017 Finding: Land Use Compatibility: Given the existing land uses in the subject property's vicinity it is difficult to assess or uniformly declare compatibility of the proposed rezoning. On the one hand, the properties to the north and east are commercially -zoned with existing vehicle -oriented uses that would be consistent with the commercial activities permitted under the C-2 zoning district. On the other hand, to the south and west are properties that are largely undeveloped apart from a few large -lot residential dwellings. Given this, and with due consideration for the City Neighborhood Area land use designation in the area and recent rezonings to the west at the intersection of Martin Luther King Boulevard and Rupple Road, it is likely that the intervening undeveloped land will ultimately be rezoned and developed in to more intense uses more commonly found along corridors with comparable traffic volume. Land Use Plan Analysis: The proposed zoning is generally consistent with the Future Land Use Map (FLUM) of the City Plan 2030, but not with goals laid out in City Plan 2030 itself. Among the goals of City Plan 2030 and the City Neighborhood Area designation are the encouragement of mixed -used development and development in a traditional town form. Rezoning the subject property to C-2 will not likely accomplish either of these objectives, as the C-2 zoning requires a suburban pattern of development, and does not permit most classifications of residential housing. However, extending the existing C-2 zoning designation southward will allow full utilization of property that has been used in association with the neighboring commercial business for several years. Additionally, this will generally mirror the depth of the C-2 zoning to the east that has been- used as an auto salvage yard for many years. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed rezoning to C-2 is needed as an early step to begin addressing zoning violations that have resulted from expansion of the property owner's business southward from the commercially -zoned property to the north in to the residentially -zoned subject property. The property owner currently operates a vehicle repair and restoration business, and has an interest in being able to expand the business to his properties to the south in the future. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has access to Hanshew Road, an unimproved asphalt street, which connects northward to Martin Luther King Boulevard/Highway 62, a Principal Arterial. Given the size of the properties, the proposed rezoning is unlikely to cause an adverse increase in the amount of traffic over the existing RSF- 4 zoning. Street improvements will be assessed at the time of development and depending on the scope of development, may be significant. 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 GAETC\Development Services Review\2017\Development Review\17-5728 RZN 1640 S. Hanshew Rd. (Wm. Lindsey) 596\03 Planning Commission\03-27-2017 sewer facilities. Finding: Provided the almost complete lack of permitted residential uses under the C-2 zoning district, rezoning the property from RSF-4 to C-2 would not increase the potential for density. However, a rezoning to C-2 could significantly increase the intensity of use, particularly given the range of permitted commercial activities, the allowed 75 -foot building height, and a lack of bulk and area requirements. These could be marginally mitigated for by the combined 1.23 acre size of the two parcels and a property depth of less than 200 feet, but there remains the possibility of increased load on public services. 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 17-5728 to the City Council with a recommendation of approval, based on the findings discussed throughout this report. PLANNING COMMISSION ACTION: Required YES Date: April 10, 2017 O Tabled M Forwarded O Denied Motion: Hoffman Second: Quinlan Vote: 9-0-0 CITY COUNCIL ACTION: Required YES Date: TBD O Approved O Denied i GAETC\Development Services Review\2017\Development Review\17-5728 RZN 1640 S. Hanshew Rd.. (Wm. Lindsey) 596\03 Planning Commission\03-27-2017 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07, RSF-4, Residential Single-family, 4 Units per Acre o §161.21, C-2, Thoroughfare Commercial • Request letter • Rezone exhibit • Original Complaint, Current Zoning Violations and Outlined Solutions • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map ' GAETC\Development Services Review\2017\Development Review\17-5728 RZN 1640 S. Hanshew Rd. (Wm. Lindsey) 596\03 Planning Commission\03-27-2017 161.07 - District RSF-4, Residential Single -Family - Four (4) 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 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and -utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12 Limited business Unit 24 Home occupations _._.., Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density Single-family Two (2) family dwellings dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations Single-family Two (2) family & ETC\Development Services Review\2017\Development Review\17-5726 RZN 1640 S. Hanshew Rd. (Wm. Lindsey) 596\03 Planning Commission\03-27-2017 dwellings dwellings Lot minimum 70 feet 80 feet width Lot area 8,000 square 12,000 square minimum feet feet Land area per 8,000 square 6,000 square dwelling unit feet feet Hillside Overlay District Lot 60 feet 70 feet minimum width & ETC\Development Services Review\2017\Development Review\17-5726 RZN 1640 S. Hanshew Rd. (Wm. Lindsey) 596\03 Planning Commission\03-27-2017 Hillside Overlay � District Lot 8,000 square 42,000 square feet feet area minimum Land area per 8,000 square 6,000 square dwelling unit feet feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 45 feet 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. (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. No. 4858, 4-18-06; Ord, No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16) G:\ETC\Development Services Review\2017\Development Review\17-5728 RZN 1640 S. Hanshew Rd. (Wm. Lindsey) 596\03 Planning Commission\03-27-2017 4 161.21 - District C-2, Thoroughfare Commercial (A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 25 Offices, studios, and related services Unit 33 Adult live entertainment club or bar Unit 34 Liquor store Unit 44 Cluster Housing Development Unit 45 Small scale production (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance Halls Unit 32 Sexually oriented business Unit 35 1 Unit 36 Wireless communications facilities Unit 38 Mini -storage units Unit 40 Sidewalk Cafes Unit 42 Clean technologies Unit 43 Animal boarding and training Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance Halls Unit 32 Sexually oriented business Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 38 Mini -storage units Unit 40 Sidewalk Cafes Unit 42 Clean technologies Unit 43 Animal boarding and training (C) Density. None. G:\ETC\Development Services Review\2017\Development Review\17-5728 RZN 1640 S. Hanshew Rd (Wm. Lindsey) 596\03 Planning Commission\03-27-2017 4 (D) Bulk and Area Regulations. None. (E) Setback Regulations Front ! 15 feet Front, if parking is allowed between the 50 right-of-way and the building feet Side None Side, when contiguous to a 15 residential district feet Rear 20 feet (F) -Building Height Regulations. Building Height Maximum 75 feet" "Any building which exceeds the height of 20 feet shall be set back from a boundary line of any residential district a distance of 1 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 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord No 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4727, 7-19-05; Ord. No. 4992, 3-06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18- 13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No, 5800 , § 1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1- 16) G:\ETC\Development Services Review\2017\Development Review\17-5728 RZN 1640 S. Hanshew Rd. (Wm. Lindsey) 596\03 Planning Commission\03-27-2017 CUP 17-5728 Request Letter Rezoning Proposal My name is William Lindsey, owner of 1640 S. Hanshew Road, which is located in Fayetteville. I am requesting a zoning change on two of the three parcels within this property. They are parcel number 765-14810-000 and 765-14788-000. They are currently zoned as RSF4 and I am requesting that they be rezoned to commercial C2 in efforts to comply with city ordinances pertaining to the number of vehicles allowed on RSF4 verses C2. The parcels are adjacent to existing commercially zoned properties. I'd like to utilize these parcels to manage the vehicle overflow from my automotive repair business which is zoned C2 and one of the adjacent properties (1620 S. Hanshew Rd). Lo (D e � © .. Q •4 N_0. TuC) -�C' JJ111111l1 udT i ny O •ate �^CV ■rm `� l6 } Y LL X ti W L(y Z n OWO NUU g�Z 0 LL m W 2 Z S2 r a Q r05 a p < a F- < r n m < w OLL z r m uiO o�¢Q N O ° Y m air O mN o o `z S z> -c o z a LL K W H W W W- m Z K O Ka N cc Ze] W J aO 0 O w Q=�z y 0W p W W W iLL �r it < O Ko ILL^ f Ga O )O r LLOEO Z O On N w�A� 1- g FzOLL J O Uo w m qZ Y wOu1 ww x Z Wm � p' mza > r^ m w Q w Q W Q ] o p a 4 0 j �S o s w'>¢ °om°¢ m nm t) 1LLzoa N � o L) C) O L- m m Q E CV •� E r 0 o 5, N V E - 0 y O CL 0 L- CL Q Q. 0 O n CL W �I W b 'f WJ _nU W N m m �A r~QQj<[mf,1�m h m W < W m S� r N rvm 2 U ao� fib raF � 2z � n�3 M. mmw Orrv2 V Z r N i OOWmpa;;zm N Z F Q 0Q mZ J 5 Z� N m Z 6 O¢�r ywjr W V3Nuozw W Z � yQT2�� W � OJ m F mK W m m W O W LL� Z e F m LL o p qo p Q m��y��FZO �O�p��mHO V a��U�Um U m> WmOW 0 z�F�OW23 a OQOZ oC7 li m�ramzNm� p o OwrC7 2 W ywjw m22 tiZ o z z x w p yp ]�¢r Oi O r 00 0 5<m 0 zznw q Wx nm.w a4<���rvl�i 0 q < fa N ~ z of 3Nb raw m 7 W C 11 pm �Ozmm- W m � W rm wo G g w i w Z m d W m z a Z OfEW wzqU ra <�lz rTZZ Oo!r�iJ11 �JJF=ZOnQ v WSJ m ~ w_ LL NrI�Nf rOr��`>>i x O tJ a~ m❑< V mZO�Wz�Om ®ALL. 2 Q w W O pZ% O� Z rNZY Ow �n(Z�'J 1i o _ OO�Ua9 Ozm N� 02p � �40r QLLOz��a¢ mz amzoww w0WUz¢m��r O. (rjO�p=UZZ?�W swLL-oz,0: PyWa0WP' zo " O OLL OaZ�r wow W0ONm Z. 'o z=pwo2D fa <r0mr2(n F�O��aO zmdow�o U Z W g Q m -.=Or W vOi oriv� m Um W +F�mO^z0 aw Nwzzm J°OprUOa'f CWJ W ® 2 Z W iagLLroW,> F i n V LL 6 Z OO d'U m^ Z<Q LL 00 H22+zO0 a0 2<oaWi'�"=0 Za a wI O- w 6UO�iV r�2LL > z ¢wcwnw�rNO� NxwQm2w�z3 MO W W�< m Z 0 -> '�Zw'' waa�Ca¢mzpo0-wmi m i Z m UZ U Z N �i tr7mamw r3 Wi ' p���Zra ew U O" cc L-) ° or m a��wwam Oz�rU�i O w ��agWrr, O r n Z o � Z A -:D m�maomv UO^w oZ' O^ F w4a4Xu'zQuqi a! LL W N m a: m W m W- r Z i r LLm x w O. OAC ¢SaSU mI < it a w m x „ 6 HOUSE ° x 0�--I LI �! i x � $ 9NJQ'1kfp8„ CJ T15'B.SB � o LU # m 4 cul Im N C ��� m ° IIto�r<0_ W iN (D ¢0000 LLJ LijJ~ —_ U)rn 0 2 U 0 m N 23 Q < a 3NII 831VAA.9 r a W �, O9 ZLB 3.0b.9L,Z0 N w m x „ 6 HOUSE ° x 0�--I LI �! i x � $ 9NJQ'1kfp8„ C Wo ru o ZZd � 4 x u Z u zw<0' Ow8H�- �mm<w �w w C ¢ ) r WmFoJ'SL OyWOLLY�6 mW=� 2 0 S W m C°cot11 w Lw" W W W 8 Z N OW�W<uu i rZ� aC 'Z��a LL� W 2 W s W Ug W W 1u R a 00 S1`N l8ZOS —_ 3NII 831VAA.9 r a W �, O9 ZLB 3.0b.9L,Z0 N < e r O v w v Z a h Nzo�o� w WZ02W a4 U r p LL W ¢ <NQm0Wa o � 0 m m li RK04 N a m 6 V O a O m S N U n L) yp �m w V1 a. w ~ Z N W L7 a Y U W 0 0 "'QY w N^ •era^m (7 N ^O Q J W O OO �2�� W $ m S`�' OmaNN ¢¢ ¢ Oav W p S g'Vi mm<! �Ww� m>mm`� I"7V< <34a ice` Z :<D mp s 'Z5N 9O immU W- Ol WUa Omq .6 gOU�mu WN u, WaON W O < NWO O Q��o WLLW vmplZlNl¢W O J^(fLLJ'� S?mnLLaNOW d ZrU m Mow C Wo ru o ZZd � 4 x u Z u zw<0' Ow8H�- �mm<w �w w C ¢ ) r WmFoJ'SL OyWOLLY�6 mW=� 2 0 S W m C°cot11 w Lw" W W W 8 Z N OW�W<uu i rZ� aC 'Z��a LL� W 2 W s W Ug W W 1u R a 00 CUP 17-5728 Zoning Complaint, Violations, & Solutions Items of Original Complaint: Use of property as a campground for Bikes, Blues, and BBQ, including portable toilets; Use of property as a junk yard (including large shipping containers and inoperable vehicles); and Erection of a garage on the property. Identified Violations: 1. The property owner has noted that he did have associates use his property for camping on the weekend of Bikes, Blues, and BBQ; 2. Residentially -zoned properties currently being used in conjunction with Unit 17: Transportation Trades and Services on adjacent commercially -zoned property (§161.07 and §162.01); 3. Parking of vehicles on an area not paved as a parking lot, or surfaced and screened as a storage yard; (§151 and §166.25); 4. Shipping containers on the property present for approximately one year (§173.09); 5. More than 4 vehicles parked on a lot on a property zoned for single-family use (§172.11); 6. Unlicensed vehicles on site (§164.05); and 7. Possibly inoperable vehicles on site in excess of 45 days (§164.05). Outlined Solutions (in response to each enumerated violation): 1. The applicant is permitted to allow occasional, shorth-term camping as an accessory use to his primary residence. If there is any exchange of monetary compensation, long-term camping, or if camping becomes the primary use of the property, the activity is classified as a commercial campground and is only permitted as a conditional use under Unit 2: City Wide Uses by Conditional Use Permit. Any activities related to the camping must comply with other City ordinances related to litter, noise, and lighting. 2. Request a rezoning of those parcels intended for commercial use to a district that permits Unit 17: Transportation Trades and Services, or remove activities associated with Use Unit 17 from the property. 3. Submit plans to pave a parking area that meets the City's parking lot design standards, or to utilize gravel to create a vehicle storage yard with associated and required screening. 4. Remove the shipping containers from the property, or utilize and secure them in construction that complies with the City's adopted building and fire codes. 5. Remove in vehicles from the property that exceed the four allowed to be kept outdoors, or place in a garage or under a carport. 6. Remove any unlicensed vehicles from the property or submit them for proper registration and licensing. 7. Remove inoperable vehicles from the property if present in excess of 45 days. With Denial of Rezoning Request: -If the Commission is to deny the rezoning request, the applicant will be sent a Final Violation notice, and will be required to remove all vehicles and appurtenances related to his business from the residentially -zoned properties. All other zoning violations may to be resolved according to the solutions outlined above, unless alternative solutions are found. I RZN 17-5728 SVM. LI DS EY A& One Mile View NORTH I 0 0.125 025 RX) -i RSF-2 C'S Irl dill i P P-! I R;1IF-23 RPZD Subject Propertyy t R -a 0.5 Miles RSF-4 R—O F— — — — — — — — — — — — — — — — — — — — — - — — — — — — —O —-————————— J -————————— t I i o � , I � Zwirt.9 E%TR CTION ItEg! EWTtRLAIMOLESAIIIILY E-+ Legend wai COMMERCIAL d} _-- oy e --- a z 4 - ' Planning Area FORMBASEDDISTRICTS Fayetteville City Limits sF.aa pro' T.r. ., ao�5iiezicenie RESIDENTIAL M ULTI-FAMILYRT •..... Shared Use Paved Trail 11 �a�,e�l,a�r.,oa��T�,ea,a 1®E uii Trail (Proposed) PLANNED ZONING DISTRICTS Planning Area comme�na nr �i�.a 1 Building Footprint _ _ F INDUSTRIAL--' mme ci a INSTITUTIONAL Fayetteville City Limits RZN 17-5728 Close Up View C-1 Legend Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint WM. L'! N DS EY CS Subject Property r s r: .i amr4 7. t -2 Feet 0 75 150 300 450 600 1 inch = 200 feet NORTH Residential -Agricultural R S F-4 C-1 C-2 Community Services RZN 17-5728 'Y Y M. L 1 N D S EY A& Current Land Use NORTH y OL Oftr� L, p Highway 62, Subject Property Auto Salvage > 'n Undeveloped �FIR INC IPA LARTERIAL Street RZN 17-5728 ft%1— Streams 11111 Trail (Proposed) County Parcels Planning Area r Fayetteville City Limits Applicant's residence Feet 0 75 150 300 450 1 inch = 200 feet Undeveloped FEMA Flood Hazard Data ', 100 -Yew, Floogilaln NJ Floxhvay RZN 17-5728 Future Land Use VA,ITIM 14 V1A 1*3 M Ma Legend Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint Subject Property 4 1I► IL Feet 0 75 150 300 450 600 1 inch = 200 feet FUTURE LAND USE 2030 Natural Area Rural Area City Neighborhood Area Civic and Private Open Space/Parks NORTWETARKANSAS lr% 'a tt�� Azette Vemocrat a - ... Y� : _.1 .�, ,1112 t tA,. ? r a113. ,r . t� ._v. BOX .» AFFIDAVIT OF PUBLICATION I Karen Caler, 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. 5971 Was inserted in the Regular Edition on: May 11, 2017 Publication Charges: $ 67 0 Karen ealer Subscribed and sworn to before me This ISS day of MS , 2017. C k�& Notary Public My Commission Expires: Z(2 -o �ii8il5? oc, i0 county biI C /2307118 Fo b 20, 2024 1'; **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED MAY Y 9 2017 CCT CLERK'S OFFIICE Ordinance: 5971 File Number: 2017-0205 RZN 17-5728 (1640 S. HANSHEW RD./WM. LINDSEY): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-5728 FOR APPROXIMATELY 1.25 ACRES LOCATED AT 1640 S. HANSHEW ROAD FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO C-2, THOROUGHFARE COMMERCIAL 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 RSF4, Residential Single -Family, 4 Units per Acre to C-2, Thoroughfare Commercial. 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 5/2/2017 Jordan, Mayor Sondra E. Smith, City Clerk Treasurer 74128806 May 11, 2017