HomeMy WebLinkAboutOrdinance 4144 ORDINANCE NO.i• l-"
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZ99-2 FOR A PARCEL
CONTAINING APPROXIMATELY .22 ACRES LOCATED AT
LOCUST STREET AND ARCHIBALD YELL BOULEVARD AS
REQUESTED BY BRETT HENSON.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section1. That the zone classification of the following described property is hereby
changed as follows:
From R-2, Medium Density Residential, to C-2, Commercial Thoroughfare, for the
real property described in Exhibit "A" attached hereto and made a part hereof.
$.ection 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.
PASS9D�AND APPROVED this 2nd day of March 1999.
APPROVED:
Fred Hanna, Mayor
ATTEST:
B y Aretv
Heather Woodruff, City Cle
ord . 4144
EXHIBIT "A"
LEGAL DESCRIPTION FOR RZ99-2
A part of the SW1/4 of the SETA of Section 16, T16N, R30W and a part of Lot No. 2 of
McCrimmin's Addition to the City of Fayetteville, more particularly described as commencing at
the NE comer of said 40 acre tract, and running thence S 432. 12 feet to a point at the NE corner of
said Lot No. 2, and continuing thence N 86-26-45 W 10.00 feet to the point of beginning, said point
being a found iron pin; thence 503- 11 -31 W 50.00 feet to a set iron pin; thence N 86-26- 19 W
190.26 feet to a set iron pin, said point being on the east right of way of Locust Street; thence along
said right of way N 05-21 -39 E 50.00 feet to a set iron pin, thence S 86-26-45 E 188.37 feet to the
point of beginning, containing 0.22 acres, more or less, City of Fayetteville, Washington County,
Arkansas (otherwise being known as the N 50.00 feet of Lot No. 2, McCrimmin's Addition,
Fayetteville.)
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
March 10, 1999
To: Janet Johns, Planning Secretary
From: Heather Woodruff, City Clerk
Attached is a copy of the ordinance approving rezoning request RZ 99-2. The original will be
file marked at the county, microfilmed and filed with the city clerk.
Cc. Clyde Randall, Drafting
Ed Connell, Land Agent
John Goddard, Data Processing
File
MICROFILMED � y L J r
STATE OF ARKANSAS
County of Washington } SS. MAR 0 9 1999
I, JEFF JEFFUS, hereby certify that%FAM A iter of THE
NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class
mailing privilege, and being not less than four pages of five columns each,
published at a fixed place of business and at fixed (daily) intervals
ORDINANCE NO. 4144 continuously in the City of Fayetteville, County of Washington, Arkansas for
ORDINANCE REZONING more than a period of twelve months, circulated and distributed from an
THAT PROPERTY DESCRI- established place of business to subscribers and readers generally of all
ABED IN REZONING PETITION
RZ99-2 FOR A PARCEL CON- classes In the City and County for a definite price for each copy, or a fixed
TAINING APPROXIMATELY
.22 ACRES LOCATED AT LQ-• price per annum, which price was fixed at what is considered the value of the
COST STREET AND ARCHI- publication, based upon the news value and service value it contains, that at
BALD YELL BOULEVARD AS
REQUESTED BY BRETT HEN- least fifty percent Of the subscribers thereto have paid for their subscriptions
SON. to the newspaper or its agents or through recognized news dealers over a
BE IT ORDAINED BY THE period of at least six months and that the said newspaper publishes an
CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, average of more than forty percent news matter.
- ARKANSAS: -
Section is That the zone clan- I further certify that thg legal notice attached in the matter of
sification of the following descri-
bed property Is hereby changed
as llo":
From R-2, Medium Density
ResThoroughfare,
al, e, C-2, Commercial was published in the regular daily issue of said newspaper for
Thoroughfare, for the real prop- , P 9 Y
any described in Exhibit 'A' at. Consecutive insertions as follows:
' tached hereto and made a part
' hereol.
section 2. That the :on• The first insertion on the day of 19
Ing map of the City. of Fayede-
amet Arkansas is hereby the second insertion on the da Of 19
change
ndetl o reflect the zdninI Y
change provided in Section 1
above. the third insertion on the j.ay�of, Z
of 19PASSED AND APPROVED
this 2nd day of• March1999. the fourth insertion on the
APPROVED:
x
By: 1.
li er/General Manager
Fred Hanna, Mayor
ATTEST. Sworn to and subscribed before me on this day of
eyl 19 —
Heather.Woodmff, City Clerk
Notary Public
My Commission Expires:
Fees for Printing..........................4............................$ ' 0
Costof Proof.............................................................$ /
Total.....................................................4...4................$ �7 , e d
RZ 99-2
MICROFILMED c.3. 1
orw
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of March 2 , 1999 .
FROM :
Alett Little Planning Public Works
Name Division Department
ACTION REQUESTED : To approve rezoning request RZ99-2 submitted by Brett Henson
rezoning property located on Locust Street at Archibald Yell Boulevard from R-2 ,
Medium Denisty Residential to C-2 , Thoroughfare Commercial .
COST TO CITY :
�4.
Cost of this request Category/ Project Budget Category/ Project Name
Account Number Funds used to date Program Name
Project Number Remaining balance Fund
BUDGET REVIEW : Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY :
counting Ma ger Date ADA Coordinator Date
C ' ty Attorney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval of the rezoning with the owner
being made aware that a part of the structure is in the right of way and that the
new structure would need to meet commercial design standards . The Planning
Commission approved the request with a unanimous vote of 9-0-0 .
Cross Reference
iion Hea Date //
Zn2 �
t t it ctor pate New Item : Yes No
Adminis ativervices Date Prev Ord/Res# :
Direc9� / y
Mayor ate Orig Contract Date :
RZ19-2
C.3.2
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone:
PLANNING DIVISION CORRESPONDENCE 501 -575-8264
TO: Fayetteville Planning Commission Members
THRU: Alett S. Little, City Planner
FROM: Brent Vinson, Associate Planner
DATE: February 8, 1999
RZ 99-2.00: Rezoning (Hensen, pp 523) was submitted by Brett Hensen for property located on
Locust Street at Archibald Yell Boulevard. The property is zoned R-2, Medium Density
Residential, and contains approximately 0.22 acres. The request is to rezone the property to C-2,
Thoroughfare Commercial.
RECOMMENDED MOTION:
Staff recommends rezoning the property to C-2, Thoroughfare Commercial.
Caveat to the owner: A building permit shall not be issued until the removal of the existing
portion of the structure located on City of Fayetteville property. Other items to be addressed at
the building permit stage including commercial design standards, the facade of the building along
Archibald Yell, the placement and height of the existing sign, and the parking lot. The Planning
Commission will not review the site plans as the addition is under 10,000 sq. ft.
PLANNING COMMISSION ACTION: YES Required
Approved Denied
Date: February 8. 1999
Comments:
CITY COUNCIL ACTION: YES Required
Approved Denied
Date: / /
• • RZ 99-2
C.3,3
BACKGROUND :
The applicant requests to rezone a parcel of land from R-2 to C-2 with the intent of expanding his
existing business, TnT Auto Parts, Inc. TnT Auto Parts is presently 5550 sq. ft. and the planned
expansion would be 3600 sq. ft. The facility operates from 7:00 A.M. to 5 :30 P.M. Monday
through Friday and 8:00 A.M. to 1 :00 P.M. on Saturday. Peak hours are in the morning. The
applicant presently has nine employees and anticipates one more with the expansion. The
expansion to the auto parts store would be used for parts storage and possibly retail area in the
future.
The property to be rezoned lies behind the current TnT Auto Parts store property to the south.
The two properties are adjoined by a mutual property line that runs the full depth of each
property. The current owners of both properties are Thomas and Tommie Henson who have
signed the application. Brett Henson is the son of Thomas Henson. The property to be rezoned
is a fifty foot strip of land which was purchased in 1991 from Tim Klinger. This fifty foot strip
was split from a lot to the south by an administrative lot split approved by the City Engineer
(according to a letter written by Tim Klinger). The property to be rezoned is approximately
9,583 sq. ft. Approximately thirteen feet south of the property to be rezoned there is a house.
The current faciiiiies property encroaches approximately five feet onto city land to the north
adjacent to Archibald Yell Blvd. The encroaching entity is a "lean-to" type addition to the main
building that was at one time used as a machine shop. The lean-to building is 600 sq. ft. There is
a door on the lean-to structure but the main entrance to the facility is on the west side of the main
building. The lean-to does open up to the facility inside and the area is currently being used to
display products.
The main building also encroaches on the side setback to the east of the building. Because there
is a residential zoning to the east, the side setback is 15' to the property line. There is only 9.9'
between the building and the side property line. The building encroaches 5 . 1 '.
The facility also has a sign that does not meet the city ordinance' s requirements. It is too tall and
too close to the right-of-way line to Archibald Yell.
ADJACENT LAND USE AND ZONING
North: Archibald Yell Blvd. and zoned R-O north of this street.
South: Single family residential, zoned R-2
East: Single family residential, zoned R-2
West: Commercial , zoned C-2
RZ 99-2 • •
C.3A
INFRASTRUCTURE:
Streets: Archibald Yell Boulevard is a Principle Arterial with 110' of right of way. Locust
Street is a Residential with 35 ' of right of way.
Water: A 12" waterline and an 8 " waterline exist along Locust Street to the west.
Sewer: An 8 " sewer line exists along Locust Street to the west.
LAND USE PLAN:
General Plan 2020 shows this area as Mixed Use.
§161.14 DISTRICT C-2 THOROUGH-FARE 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 12 Offices, Studios and Related
Services
Unit 13 Eating Places
Unit 14 Hotel, Motel and Amusement
Facilities
Unit 15 Neighborhood Shopping
Goods
Unit 16 Shopping Goods
Unit 17 Trades and Services
Unit 18 Gasoline Service Stations and
Drive-In Restaurants
• • RZ 99-2
C.3.5
Unit 19 Commercial Recreation
Unit 20 Commercial Recreation, Large
Sites
Unit 24 Outdoor Advertising
Ft Adult Live Entertainment Club
or Bar
2. Uses Permissible on App eal to the Planning Commission.
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 32 Sexually Oriented Business
C. Bulk and Area Regulations. Setback lines shall meet the following minimum
re uirements:
From Street ROW 50 ft.
From Side Property None
Line
From Side Property 15 ft.
Line When Contiguous
to a Residential District
From Back Property 20 ft.
Line
D. Building Area. On any lot the area occupied by all buildings shall not exceed 60% of
the total area of such lot.
E. Height Regulations. In District C-2 any building which exceeds the height of 20 feet
shall be set back from any boundary line of any residential district a distance of one foot for each
foot of height in excess of 20 feet. No building shall exceed six stories or 75 feet in height.
I2Z 99-2
C.3.6
RZ 99.00-2.00 FINDINGS OF THE STAFF
1 . A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The rezoning proposed is consistent with the land use planning objectives,
principles, and policies of the land use and zoning plans.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The zoning is justified at this time to meet the goals of General Plan 2020 for
infill development.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning would not create or appreciably increase traffic danger
and congestion.
4. A determination as to whether the proposed zoning would alter the population density
and thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The proposed zoning would not alter the population density and would
not undesirably increase the load on public services including schools, water,
and sewer facilities.
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
RZ 99-2
RZ 99-2 . 00 - genson' - One Mile Diameter
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RZ 99-2
C.3.8
RZ 99 - 2 . 00 - Henson - llose Up
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