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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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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Minutes of Planning Commission Meeting
January11, 1999
Page 32
RZ98-22: REZONING
LITTLEFIELD INVESTMENT CO, PP 565
This request 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 0.54 acres. The request is to rezone the property to C-
2, Thoroughfare Commercial for the purpose of installing a used car lot.
Staff does not recommend the approval of the requested rezoning from C- 1 to C-2 because there
are adequate vacant C-2 parcels in the city to accommodate 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 objective, principles, and policies of the land use and zoning plans.
Richard Osborne and Conway Massey were present on behalf of the project.
Commission Discussion
Osborne: I would like to address the items one and two that the land use planning objective,
principles, and polices are not consistent with the General Plan 2020. There is C-2 in the area. It
is across the street. It is the Mexican Original Plant. Other than that, there is C-2 in the City that
is appropriate but not in that part of the city. We have had three inquiries in the past two years.
One was for a small appliance repair which we did not feel would be appropriate there. The
other was a flea market. We felt the used car lot is a better use for that area which we cannot do
without C-2 zoning. I have a loose view of the General Plan. It is not sculpted in granite and
therefore it can be altered. I feel this would an appropriate use in that area. This has not been the
finest part of Fayetteville and it is upgrading and I think this will be a continuation of the
upgrade. It's ugly now and we'd like to do something nice and progressive there. This would
not increase the frequency of traffic or increase of population density. We would appreciate your
fair consideration and the opportunity to improve the property. There is only one other used car
lot in that area which is west of the what was formerly Watson's Super Market. I have the
platted survey for staff.
Little: Thank you.
Public Discussion
None.
Further Commission Discussion
Odom: Car lots are only allowed in C-2 Is that correct?
Minutes of Planning Commission Meeting
January 11, 1999
Page 33
Little: That is correct.
Odom: Would we be able to grant a rezoning contingent upon it being for one particular
use.
Little: No. That would not be advisable unless offered by the applicant.
Osborne: We will offer a Bill of Assurance that it will only be rezoned for a used car lot. If
something else were to occur we would simply come back.
Hoffman: Is there not any way to grant a conditional use?
Little: No.
Forney: Rezonings are a really important part of our work and we need to exercise a lot of
care. I think the General Land Use Plan should be our proper guide and I appreciate the staff's
report. I appreciate the applicant's view that this area is not being used to it's full potential. I am
optimistic about the future of that intersection given the increased development north of there.
Since this property is for lease, I think rezoning to accommodate a rental opportunity seems
contingent and short sighted. Rezoning should be a long term decision.
Odom: I wasn't originally going to support this but since the offer of the Bill of
Assurance, I'm not as concerned about it.
Forney: How does this work? What would happen to the zoning on the site after the
lease expires?
Little: It would be C-1 or it could be used again for another used car lot.
MOTION
Mr. Odom made a motion to approve 98-22 to rezone the property from C -I to C-2 with a Bill of
Assurance that this will be used for a used car lot only and the zoning will revert to C-1 at the
expiration of the lease or change in use.
Mr. Ward seconded the motion.
Further Discussion
Little: This will be limited to one use.
Minutes of Planning Commission Meeting
January11, 1999
Page 34
Forney: How often do we do this?
Little:
Limiting to one use is unusual. It says it
is not appropriate for that zone except
for that one use. It is not
generally advisable to do that.
I think at the City Council level the City
Attorney will
caution the
Council against that.
Forney: Have we done this before?
Little: Not just for one use.
Forney: We have a mechanism and it may not address the specific cases as we think it
should. We are putting ourselves in an awkward position. I think we'll see a lot of people come
in here to rezone for just one use. That is not a good way to treat our land use plan. If we don't
like the way our regulations are we should revise the regulations.
Odom: This would not be allowed as conditional use in C -l.
Upon Roll Call
Upon roll call, the motion passed with a vote of 5-4-0. Mr. Forney, Ms. Hoover, Ms. Johnson,
and Mr. Tucker voted against the motion.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, City Planner
From: Theresa Johnson, Deputy City Clerk
Date: August 5, 1999
Re: RZ 98-22
Attached please find a recorded copy of Ordinance 4175 and the back-up materials for it. The
original will be microfilmed and filed with the City Clerk's office.
cc: Tony Webb, Planning
Sharon McCourt, Planning
Clyde Randall, Engineering
Ed Connell, Land Agent
STATE OF ARKANSAS
County of Washington } ss. DEC 28 1999
ACCTG. DEPT.
ORDINANCE NO. 4175
BE. IT ORDAINED BY THE
CITY COUNCIL,OF THE CITY
OF FAYETTEVIL_LE, ARKAN-
SAS: 1
Section 1. That the -zone dassi-
'ficatlon of the following descri-
bed property ishereby changed
as follows:
From C -t, Neighborhood Com-
mercial to C-2, Commercial
Thoroughfare for the real prop-
erly described in Exhibit "A" at-
tached hereto and made a part
hereof.
'Section 2. that the official zon-
ing map of the City of Fayette-
ville, Arkansas, is hereby
-amended to reflect the zoning
change provided in Section 1
above.
PASSED AND APPROVED
this 3rd day of August, 1999.
APPROVED:
By: Fred Hanna, Mayor
ATTEST:
By: Heather Woodruff, City
Clerk
I, JEFF JEFFUS, hereby certify that I am the publisher 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
continuously in the City of Fayetteville, County of Washington, Arkansas for
more than a period of twelve months, circulated and distributed from an
established place of business to subscribers and readers generally of all
classes in the City and County for a definite price for each copy, or a fixed
price per annum, which price was fixed at what is considered the value of the
publication, based upon the news value and service value it contains, that at
least fifty percent of the subscribers thereto have paid for their subscriptions
to the newspaper or its agents or through recognized news dealers over a
period of at least six months and that the said newspaper publishes an
average of more than forty percent news matter.
I further certify that thpr legal notibe attached in the matter of
was published in the regular daily issue of said newspaper for
consecutive insertions as follows:
The first insertion on the day of 19 ` q
the second insertion on the
the third insertion on the
&ROA
'I r,I M
day of 19 —
day of 19
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