HomeMy WebLinkAboutOrdinance 4205 FILED FOR RECORD
P00 FEB 24 an 10 11
WASNINGT01I CO AR
K. HARNESS
ORDINANCE NO. I gnr,
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZ99-32 FOR A PARCEL
CONTAINING APPROXIMATELY .69 ACRES LOCATED AT
3351 W. WEDINGTON DRIVE AS REQUESTED BY STEPHEN
THETFORD.
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-O, Residential Office, to C-1 , Neighborhood Commercial, 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.
�IJ AND APPROVED this _21" day of December , 1999.
F
Ir APPROVED:
s , �• By.
Fred Hanna, Mayor
ATTEST:
By:
Heather Woodruff, Ci Jerk
2000013751
ord . 4205
EXHIBIT "A"
LEGAL DESCRIPTION FOR RZ99-32
A part of the fractional Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section
7, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described
as follows: beginning at a point which is N00°08'00"W, 799.80 feet and N00 °08'00"W 16.29 feet
and N18 ° 52'58"W 293.9 feet from the Southeast corner of said fractional NWl /4 of the SWI /4;
thence S80°53'57" West, 168.62 feet; thence N00°08'00"W 240.98 feet; thence S89 °06'17"E, 94.26
feet; thence S18 °53'00"E, 224.94 feet to the point of beginning, containing 0.69 acres, more or less.
200001375
I, Kathleen Names, Circuit Clark and Fx•olllolo
Recorder for Washington County. Arkansas, do hefehy
Certify that this Instrument was filed for record in my
office as indicated hvroon and the same Is now duly
recorded with the ocknowiedgemem and certificate
thereon In Record Book and page 8.1 InJi"Ied thereon.
IN WITNFS4 WFt REOP, I htwa heleunto set my
have and oftixod the sail cf gild Coutt on the date indi.
c iE i hareon
Y "Nz en Nnfrm
inn U-oBFJIr Rocxudar
STATE OF ARKANSAS
County of Washington lie
RECEIVE®
SS. JAN 0 6 2000
ORDINANCE NO. 4205 ACCTG, DEPT.
AN ORDINANCE REZONING 1 , JEFF JEFFUS, hereby certify that I am the publisher of THE
THAT PROPERTY DESCRI- NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class
BED IN REZONING PETITION
RZ99-32 FOR A PARCEL mailing privilege, and being not less than four pages of five columns each,
CONTAINING APPROXIMATE- published at a fixed place of business and at fixed (dally) intervals
LY .69 ACRES LOCATED AT
3351 W. WEDINGTON DRIVE continuously in the City of Fayetteville, County of Washington, Arkansas for
AS REQUESTED BY STE- more than a period of twelve months, circulated and distributed from an
PHEN THETFORD, established place Of business t0 subscribers and readers generally Of all
BE IT ORDAINED BY THE classes in the City and County for a definite price for each copy, or a fixed
CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKAN- price per annum, which price was fixed at what is considered the value of the
SAS: publication, based upon the news value and service value it contains, that at
Section 1 . That the zone classi- least fifty percent of the subscribers thereto have paid for their subscriptions
fication of the following descri- to the newspaper or its agents or through recognized news dealers over a
bed property is hereby changed period of at least six months and that the said newspaper ublishe's an
as follows: P er P P P
From R-O, Residential Office, average of more than forty percent news matter.
to C-1 , Neighborhood Commer-
cial, for the real property descri- I further certify th the leaal notice attached in the matter of
bed in Exhibit "A" attached
hereto and made a part hereof.
Section 2. That the official zon-
Ing map of the City of Fayette-
ville. Arkansas, is hereby was published in the regular daily issue of said newspaper for
amended to reflect the zoning
change provided in Section r consecutive insertions as follows:
above.
PASSED AND APPROVED The first insertion on he O / dayof,4
jjXD
this 21st day of December,
1999. the second insertion on the day of 19 —
APPROVED:
By: Fred Hanna, Mayor the third insertion on the day of 19 —
ATTEST:
' : Bather Woodruff, City
Clerk the fourth insertion on the ay of 19r—
r
EXHIBIT "A" '
LEGAL DESCRIPTION FOR - - er/(general Manager
RZ99-32
A part of the fractional North- Sworn to and subscribed before me on this day of
west Quarter (NW1/4) of the
Southwest Quarter (SWI/4) of ��op
Section 7, Township 16 North, �=
Range 30 West, Washington
County, Arkansas, more partic-
ularly described as follows: be- t
ginning at a point which is , Catherine Sall t
N00°08'00"W, 799.80 feet and r Notary Rlblic, State of Arkansas Glary Public
N00°08'00"W 16.29 feet and
N18°52'58"W 293.9 feet from M Commission Expires: �' �ngton Count t
the Southeast corner of said y p t y ommisslon Expires 02/27/05 '
fractional NW11/4 of the SWI/4;
thence S8feet; West,
Nence68.62 feet;
240.98h feet; Fees for Printing.......................................................$
' thence S89e06' 17"E, 94.26
feet; thence S18e53'00"E,
224.94 feet to the point of be- Cost of Proof.............................................................$
ginning, containing 0.69 acres,
more or less.
Total..........................................................................$
r
FAYETTEVILE
y Zoe
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, Planning Director
From: Heather Woodruff, City Clerk
Date: January 3, 2000
Attached is a copy of the ordinance approving rezoning request RZ 99-32. The original will be
file marked with the County, then microfilmed and filed with the City Clerk.
cc: Ed Connell, Engineering
Tony Webb, Planning
John Goddard, Data Processing
Clyde Randall, Engineering
• 0 /o-G
STAFF REVIEW FORM W/ /� D,J"
X Agenda Request -�
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of December 7 , 1999 .
FROM:
Tim Conklin Planning Public Works
Name Division Department
ACTION REQUESTED : To approve an ordinance RZ 99-32 . 00 submitted by Stephen
Thetford for property located at 3351 W . Wedington Drive . The property is zoned
R- 0 , Residential Office and contains approximately 0 . 69 acres . The request is
to rezone the property to C- 1 , Neighborhood Commercial .
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 :
A2un g Manager Date `- ADA Coordinator Date
. �
C ' t n a e j Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval of the rezoning request and the
Planning Commission voted unanimously 7 - 0 - 0 to approved the rezoning .
Cross Reference
Di ' on Head Date
m Director (Dat2���
Vat '
New Item : Yes No
11, 9
ini at ' ee S� Dat
Services , e Prev Ord/Res# :
Direc
Mayor Date Orig Contract Date :
� s
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113W. Mountain St.
Fayetteville, AR 72701
Telephone: (501 ) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission Members
FROM: Tim Conklin, City Planner
DATE: November 8, 1999
RZ 99-32.00: Rezoning (Thetford, pp 439) was submitted by Stephen Thetford for property
located at 3351 W. Wedington Drive. The property is zoned R-0, Residential Office and
contains approximately 0.69 acres. The request is to rezone the property to C- 1 , Neighborhood
Commercial.
RECOMMENDED MOTION:
Staff recommends approval of the requested rezoning from R-O to C-1 based on the
findings included as part of this report.
PLANNING COMMISSION ACTION: YES Required
Approved Denied
Date: November 8. 1999
Comments:
CITY COUNCIL ACTION: YES Required
Approved Denied
Date: / /
BACKGROUND :
The applicant has requested rezoning this property in order to rent tuxedos within the existing
photography studio. This type of service establishment is not allowed in the R-O zoning district.
This property is surrounded on two sides by property developed and zoned commercial. No
additions or alterations are planned at this time.
The Planning Commission recently recommended and the City Council approved rezoning the
property on the northwest corner of Salem Road and Wedington Drive to C- 1 which included the
recently constructed Arkansas National Bank. Staff supports this rezoning which will expand the
commercial node west towards the intersection of Salem and Wedington Drive and will allow
additional services and retail goods for the residential population west of the bypass.
ADJACENT LAND USE AND ZONING:
North: Bank and retail space (McIlroy Plaza), C-2
South: Vacant, R-0
East: Gas Station (Total gas station), C- 1
West: Farm Bureau, R-0
INFRASTRUCTURE:
Streets: The site is adjacent to Highway 16 West (Wedington Drive) which is classified as
a Principal Arterial with 110' of R.O.W. Highway 16 West is in the process of
being widened to five lanes.
Water: There is an 8" waterline along Highway 16 West.
Sewer: There is an 8" sewer line south of this property.
LAND USE PLAN:
The General Plan 2020 shows this area as office. The City Council recently approved additional
neighborhood commercial zoning west of Salem Road. Rezoning this to Neighborhood
Commercial would be consistent with the recent changes in zoning in this area.
ZONING REGULATIONS - EXISTING AND PROPOSED
§161.12 DISTRICT R-O RESIDENTIAL OFFICE.
A . Purpose. The Residential-Office District is designed primarily to provide area for offices without
limitation to the nature or size of the office, together with community facilities, restaurants and compatible
residential uses.
B. Uses.
1. Uses Permitted.
Unit 1 City-Wide Uses by Right
Unit 5 Government Facilities
Unit 8 Single-Family and Two-Family
Dwellings
Unit 12 Offices, Studios and Related
Services
Unit 25 Professional Offices
2. Uses Permissible on Appeal to the Planning Commission.
Unit 2 City-Wide Uses by Conditional
Use Permit
Unit 3 Public Protection and Utility
Facilities
Unit 4 Cultural and Recreational
Facilities
Unit 9 Multi-Family Dwelling - Medium
Density
Unit 10 Multi-Family Dwelling - High
Density
Unit 13 Eating Places
C. Bulk and Area Regulations.
( Per DwellingUnit for Residential Structures)
Lot Mobile Home Park 100 ft.
Minimum
Width:
Lot Within a 50 ft.
Mobile Home Park
One Family 60 ft.
Two Family 60 ft.
Lot Mobile Home Park 100 ft.
Minimum
Width:
Three or More 90 ft.
Lot Area Mobile Home Park 3 acres
Minimum:
Lot Within a 4200 sq. ft.
Mobile Home Park
Row Houses:
Development 10,000 sq.
ft.
Individual Lot 2500
sq. ft
Single Family 6000 sq. ft
Two Family 6500 sq. ft
Three or More 8000 sq. ft
Fraternity or I acres
Sorority
Land Area Mobile Home 3000 sq. ft.
Per Dwelling
Unit:
Row Houses
&Apartments:
Two or More 1200 sq. ft.
Bedrooms
1000 sq. ft.
One Bedroom
1000
sq. ft
No Bedroom
Fraternity or 500 sq. ft.,
Sorority per
resident
D. Bulk and Area Regulations/ Setbacks. Setback lines shall meet the following minimum
requirements.
From Street ROW 30 ft.
From Street ROW if Parking is 50 ft.
Allowed Between the ROW and the
Building
From Side Property Line 10 ft.
From Side Property Line When 15 ft.
Contiguous to a R-1 , R-2 or R-3
District
From Back Property Line Without 25 ft.
Easement or Alley
From Center Line of Public Alley
E. Building Area. On any lot the area occupied by all buildings shall not exceed 60% of the total area of
such lot.
F. Height Regulations. There shall be no maximum height limits in R-O Districts, provided, however,
that any building which exceeds the height of 20 feet shall be set back from any boundary line of any R-1 , R-2, or
R-3 District an additional distance of one foot for each foot of height in excess of 20 feet.
(Code 1991 , § 160.041 ; Code 1965, App. A, Art. 5(x); Ord. No. 1747, 6-29-89; Ord. No. 2414, 2-7-78; Ord. No.
2603, 2-19-80; Ord. No. 2621 , 4-1-80)
§161.13 DISTRICT C-1 NEIGHBOR-HOOD 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.
B. Uses.
1. Permitted Uses.
Unit I City-Wide Uses by Right
Unit 12 Offices, Studios and Related
Services
Unit 13 Eating Places
Unit 15 Neighborhood Shopping
Unit 18 Gasoline Service Stations and Drive-
In Restaurants
Unit 25 Professional Offices
2. Uses Permissible on Appeal to the Planning Commission.
[Unit 2 City-Wide Uses by Conditional Use
Permit
Unit 3 Public Protection and Utility
Facilities
Unit 4 Cultural and Recreational Facilities
C. Bulk and Area Regulations/Setbacks. Setback lines shall meet the following minimum requirements:
From Street ROW 50 ft.
From Side Property Line None
From Side Property Line When 10 ft.
Contiguous to a Residential
District
From Back Property Line 20 ft.
D. Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of
such lot.
E. Height Regulations. There shall be no maximum height limits in C- 1 District, provided, however, that
any building which exceeds the height of ten 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 ten feet.
(Code 1991 , § 160.035; Code 1965, App. A, Art. 5(V); Ord. No. 1747, 6-29-89; Ord. No. 2603, 2-19-80)
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 Land Use Plan (General Plan 2020) shows this area as office. The zoning
of C-1 (Neighborhood Commercial) is consistent with the plan due to the
recent rezoning on the northwest corner of Salem Road and Wedington
Drive which has expanded the commercial node at this intersection.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning of C-1 is justified and needed at this time in order to
provide additional neighborhood commercial services to the residential
neighborhoods west of the bypass.
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.