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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.