HomeMy WebLinkAboutOrdinance 4175 'FILED FOR RECORD
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ORDINANCE N0. 4175 VIASHINGTON CO AR
IC . HAf, PdESS
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZ98-22 FOR A PARCEL
CONTAINING APPROXIMATELY 0.788 ACRES LOCATED AT
1798 EAST HUNTSVILLE REQUESTED BY RICHARD
OSBORNE ON BEHALF OF LITTLEFIELD INVESTMENT
COMPANY.
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 C- 1 , Neighborhood Commercial to C-2, Commercial Thoroughfare for the real
property described in Exhibit "A" 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 3rd day of August 1999.
APPROVED:
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t:•.� r 'd. `' i<4J r y_ti ` lwoellince
tf \� a1 ' Fred Hanna, Mayor
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,ATTEST:
Heather Woodruff, City ererk
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99074704
Ordinance 4175
EXHIBIT "A"
LEGAL DESCRIPTION FOR RZ98-22
A part of the Northwest Quarter (NWl/4) of the Northwest Quarter (NW1/4) of
Section Twenty-Three (23), Township Sixteen (16) North, Range Thirty (30) West,
being more particularly described as follows: Beginning at the Northeast comer of
said 40 acre tract, said point being an existing railroad spike in Happy Hollow Road;
thence S89 °59'01 "W along the north line of said 40 acre tract 190.80 feet; thence
S00022'50"E 141 .99 feet to a chiseled "X" in a concrete Drive on the North right of
way of State Highway 16E (Huntsville Road); thence S68 °26'03"E along said right
of way 205 .70 feet to a set cotton spindle in happy hollow road on the east line of
said 40 acre tract; thence N00 °22'50"W 217.66 feet to the point of beginning,
containing 0.788 acres, more or less, Fayetteville, AR. The above described 0.788
acre tract being subject to the right of way of Happy Hollow Road along the entire
east boundary.
99074705
Urdinante 4175
BILL OF ASSURANCE
This declaration of a Bill of Assurance is made this day of August,
1999, by Clem Johnson, successor owner to Littlefield Investment Co. of real
property located in Fayetteville, Washington County, Arkansas, more
particularly described as follows, to wit:
A part of the Northwest Quarter (NW'/a) of the Northwest Quarter
(NW'/4) of Section Twenty-three (23), Township Sixteen ( 16)
North, Range Thirty (30) West, being more particularly described
as follows: Beginning at the Northeast corner of said 40 acre tract,
said point being an existing railroad spike in Happy Hollow
Road; thence S89 ° 59'01 " W along the north line of said 40 acre
tract 190 . 80 feet; thence S00 ° 22'50"E 141 .99 feet to a chiseled
`X' in a concrete drive on the north right-of-way of State
Highway 16E (Huntsville Road); thence S68 ° 26'03 "E along said
right-of-way 205 .70 feet to a set cotton spindle in Happy Hollow
Road on the east line of said 40 acre tract; thence N00 ° 22'50" W
217 .66 feet to the point of beginning, containing 0.788 acres,
more or less, Fayetteville, Washington County, Arkansas. The
above described 0.788 acre tract being subject to the right-of-way
of Happy Hollow Road along the entire east boundary.
WHEREAS , Littlefield Investment Co. applied to the City of
Fayetteville for a re-zoning of the above described real property from C- 1 to
C-2; and
WHEREAS, Littlefield Investment Co., owner at that time, and Clem
Johnson, present owner, desire to restrict the use of the property described
hereinabove to a used car lot or any use allowable in a C- 1 zoning.
NOW, THEREFORE, Clem Johnson, present owner, hereby declares
sq®747os
Ordinance 405
that the real property described herein shall be held, developed, transferred,
sold, conveyed, and occupied subject to the restriction that if it is zoned C-2
by the City Council of the City of Fayetteville the use thereof shall be restricted
to a "used car lot" (which requires a C-2 zoning), or any use allowable in a C- I
zone. In the event that said property ceases to be used as a used car lot for one
( 1 ) year, said property shall revert to C- 1 zoning automatically.
Nothing contained herein shall prohibit Clem Johnson from petitioning
the City of Fayetteville for the removal of this Bill of Assurance or seeking a
different zoning classification.
Executed this a- day of August, 1999 .
CLEM JOHNS
STATE OF ARKANSAS }
} ss:
COUNTY OF WASHINGTON }
BE IT REMEMBERED that on this day came before the undersigned,
a Notary Public, duly qualified, commissioned and acting within and for the
aforesaid State and County, Clem Johnson, and stated that he had executed the
same on behalf of the corporation.
Witness my hand and said as such Notary Public this day of
August, 1999.
RICHARD P. OSBORNE, Notary Public
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99074707
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STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review II
For the Fayetteville City Council meeting of July D, 1999 .
FROM :
Alett Little Planning Public Works
Name Division Department
ACTION REQUESTED : To approve an ordinance for RZ98-22 submitted by Richard
Osborne on behalf of Littlefield Investment Company for property located at
1798 East Huntsville Road . The property is zoned C-1 , Neighborhood Commercial ,
and contains approximatley 0 . 788 acres . The request is to rezone the property
to C-2 , Thoroughfare Commercial for the purpose of installing a used car lot .
COST TO CITY :
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 :
Acc nt ' Man ger D�te 44 9 ADA Coordinator Date
Ci At orn Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff did not recommend approval . Planning Commission
approved RZ98 - 22 at the regular meeting of January 11 , 1999 , with a vote of 5 - 4 -
0 . Mr . Forney, Ms . Hoover , Ms . Johnson , and Mr . Tucker voted against the motion .
Cross Reference
ision H ad Date
�tw G �18�ff
a m D ' ector Date New Item : Yes No
Admin ' rativ�j services Da Prev Ord/Res# :
Dir r //i
May Date Orig Contract Date :
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: January 11, 1999
RZ 98-22.00: Rezoning (Littlefield Investment Co., pp 565) was submitted by Richard
Osborne on behalf of Littlefield Investment Company for property located at 1798 East Huntsville
Road. The property is zoned C- 1 , Neighborhood Commercial, and contains approximately 0.788
acres. The request is to rezone the property to C-2, Thoroughfare Commercial for the purpose of
installing a used car lot.
RECOMMENDED MOTION:
Staff does not recommend approval of the requested rezoning from C- 1 to C-2 because
there are adequate vacant C-2 parcels in the city to accomodate the proposed use. The
Land Use Plan shows the area to be Community Commercial, therefore the rezoning
proposed is not consistent with the land use planning objectives, principles, and policies of
the land use and zoning plans.
PLANNING COMMISSION ACTION: YES Required
Approved Denied
Date:_Ianuary 11 , 1999
Comments: The rezoning to C-2 passed with a condition that a bill of assurance be
submitted that the property be used as a used car lot only and that if it is not used as such
the property will convert back to a C- 1 zoning.
CITY COUNCIL ACTION: YES Required
Approved Denied
Date: / /
BACKGROUND :
The applicant desires to rezone the property from C- 1 (Neighborhood Commercial) to C-2
(Thoroughfare Commercial). The applicant desires to lease the property to USA Cars for use as a
retail used car lot. Automotive sales is an included use of Unit 17 (Trades and Services) under C-
2 (Thoroughfare Commercial) zoning.
According to the applicant, the use will not conflict with other uses in the area and will improve
the property. The property is on the northwest corner of the intersection of Huntsville Road and
Happy Hollow Road and was formerly used as a gas station. Gas stations are allowed in the
current C- 1 zone. Development plans recently submitted will require that Happy Hollow Road to
connected to Cliffs Blvd. which will connect to Hwy 265. As Hwy 265 will be under construction
this access will provide alternate access for residents of The Cliffs Apartments (Phase II) and
traffic should significantly increase.
The building on the property is now vacant, and USA Cars plans to upgrade the building, and to
meet the City's requirements for landscaping. Utility service is available at the site.
ADJACENT LAND USE AND ZONING
North: Single family residential, zoned R- 1
South: Beard's Funeral Chapel and a vacant lot, zoned C- 1 , Mexican Original, zoned C-2,
is southeast of the site.
East: Kathryn's Closet (retail specialty store), zoned C- 1 , a vacant lot and a Ridgeview
Baptist Church exist east of Kathryn's.
West: Brophy's Accountant Office, zoned R-O
INFRASTRUCTURE:
Streets: The property is located at the intersection of Happy Hollow and Hwy. 16 East.
Water: An 8" waterline exists along the southern border of the property and a 6" waterline
exists along the east border.
Sewer: A 6" sewer line exists along the southern border of the property and a 6" sewer
line exists along the east border.
LAND USE PLAN:
General Plan 2020 shows this area as Community Commercial.
§ 161 . 13 DISTRICT C-1 : NEIGHBORHOOD COMMERCIAL.
A. Purpose. The Neighborhood Commercial District is designed primarily to provide
convenience goods and personal services for persons living in the surrounding residential areas.
§161.14 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.
RZ 98.00-21.00 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 not consistent with the land use planning
objectives principles, and policies of the land use and zoning pians.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The zoning is not justified or needed at this time to meet the goals of General
Plan 2020 and there are adequate parcels of land currently zoned for this use
within the city.
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 thereby
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;
Finding: It is not impractical to use the land for the uses permitted under its existing
zoning classification.
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
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