HomeMy WebLinkAboutOrdinance 4231 FILED FOR RECORD
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WASHINGTON CO AR
K• HARNESS
ORDINANCE NO. ;.4.231
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZ99-34 FOR A PARCEL
CONTAINING APPROXIMATELY .76 ACRES LOCATED AT
1633 E. ZION ROAD AS REQUESTED BY ROBERT NORMAN,
KYLE PENDERGRAFT, AND RICK BARNES.
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 A- 1 , Agricultural to R- 1 , Medium Density Residential for the real property
described in Exhibit "A" attached hereto and made 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 I above.
PASSED AND APPROVED this 7 " day of March , 2000.
APPROVED:
By
o Ped Hanna, Mayor
1
By:
T , ather Woo ruff, City CVrk
20000 '19671
NAME OF FILE: d �+n �
CROSS REFERENCE:
Date Contents of File Initials
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ORD , 4231
EXHIBIT A
EXHIBIT "A"
Legal Description for RZ99-34 Z�
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A part of the NW1/4 of the SWI/4 of Section 24, Township 17 North, Range 30
West of the Fifth Principal Meridian, Washington County, Arkansas, being more
particularly described as follows, to-wit: Beginning at a point 731 .64 feet South of
the NE comer of the NW 1/4 of the SW 1/4; said point being in the centerline of Zion
Road; thence South 182.56 feet to an existing iron pin that is 408.76 feet North of the
SE corner of said 40 acre tract; thence West 152.5 feet; thence North 251 .4 feet to the
centerline of Zion Road; thence with said centerline, S 65042'39"E 167.31 feet to the
Point of Beginning, containing 0.76 acres, more or less and subject to the right of
way of Zion Road on the north side thereof.
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701 P/9NN
Telephone: (501) 575-8264 'b_ dXg
PLANNING DIVISION CORRESPONDENCE eckRe
TO: Fayetteville Planning Commission Members
FROM: Dawn T. Warrick, Associate Planner
THRU: Tim Conklin, City Planner
DATE: February 14, 2000
RZ 99-34.00: Rezoning (Norman, Pendergraft, Barnes, pp 136) was submitted by Daniel
Broyles on behalf of Robert Norman, Kyle Pendergraft, and Rick Barnes for property located at
1633 E. Zion Road. The is zoned A- 1 , Agricultural and contains approximately 0.76 acres. The
request is to rezone the property to R-2, Medium Density Residential.
RECOMMENDED MOTION:
Staff recommends approval of the requested rezoning from A-1 to R-2 based on the
findings included as part of this report.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: February 14, 2000
CITY. CQUNCII. ACTION: Required 'YES
O Approved.'---,- O Denied
Date: 61
6 14
Comments:
HAUSERACOMMOMDAWMVlEPORTSPG\2-14-OcAno m n.wpd
BACKGROUND :
The applicant has requested the rezoning in order to convert an existing single family home into
an office. The surrounding property is zoned R-2 and developed with residential uses. Staff has
recommended approval of the rezoning because the applicant could then apply for a conditional
use for a professional office in R-2. A conditional use will allow Staff to recommend and the
Commission to place conditions of approval that can preserve the character of the neighborhood. .
ADJACENT LAND USE AND ZONING:
North: Single Family Homes, zoned A- 1 .
South: The Zion Valley Planned Unit Development Subdivision- Duplexes, zoned R-2.
East: Single Family, zoned R-2
West: Single Family, zoned R-2.
INFRASTRUCTURE:
Streets: The property is on Zion Road which is classified as a Collector which requires 70'
of R.O.W.
Water: A 12" waterline exists along Zion Road
Sewer: A 8" sewer line exists within Zion Valley PUD
LAND USE PLAN:
The General Plan 2020 shows this area as Residential.
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 residential. This
property is located in an area already zoned R-2 and rezoning the property
to R-2, as staff has recommended, would be consistent with the land use plan.
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 R-2 is justified and needed at this time. Professional
HAUSERACOMMOMDAWN7\REPORTAPCV-/4-OOwon n.wpd
00 • •
offices are not allowed by right in the R-2 district, however they can be
approved as a conditional use.
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 undesirably increase 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
§161.06 DISTRICT R-2 MEDIUM Unit 1 City-Wide Uses by Right
DENSITY RESIDENTIAL.
Unit 8 Single-Family Dwellings
A. Purpose. The High Density
Residential District is designed to permit Unit 9 Multifamily Dwellings -
and encourage the developing of a variety of Medium Density
dwelling types in suitable environments in a
variety of densities. 2. Uses Permissible on
Appeal to the Planning Commission.
Unit 2 City-Wide Uses by Conditional
B. Uses. Use Permit
1. Uses Permitted.
HAUSERSCOMMOMDAWN7\REPORTSPC�2-14-OOnor n.wpd
O • • •
Unit 3 Public Protection and Utility Fraternity or 2 Acres
Facilities Sorority
Unit 4 Cultural and Recreational Professional 1 Acre
Facilities Offices
Unit 11 Mobile Home Park 3, Land Area Per Dwelling
Unit 25 Professional Offices Unit.
Mobile Home 3,000 Sq. Ft.
C. Densit .
Apartments:
Families Per Acre 4 to 24 Two or More 2,000 Sq. Ft.
Bedrooms
D. Bulk and Area Regulations. One Bedroom 1 ,700 Sq. Ft.
No Bedroom 1 ,700 Sq. Ft.
1, Lot Width Minimum. '
Fraternity or 1 ,000 Sq. Ft. per
Mobile Home Park 100 Feet Sorority Resident
Lot within a 50 Feet
Mobile Home Park
E. Yard Re uirements (feet).
One Family 60 Feet
FRONT SIDE REAR
Two Family 60 FeetYARD YARD YARD
Three or More 90 Feet 25 8 25
Professional 100 Feet
Cross Reference: Variances Chapter 156.
Offices
2. Lot Area Minimum. F. Height Regulations. Any
Mobile Home Park 3 Acres building which exceeds the height of 20 feet
shall be set back from any side boundary
Lot Within a 4,200 Sq. Ft. line an additional distance of one foot for
Mobile Home Park each foot of height in excess of 20 feet.
Row House:
Development 10,000 Sq. Ft. (Code 1991 , § 160.033; Code 1965, App.
Individual Lot 2,500 Sq. Ft. A, Art. 5(IH); Ord. No. 2320, 4-5-77 ; Ord.
No, 2700, 2-2-81 )
Single-Family 6,000 Sq. Ft.
Two-Family 71000 Sq. Ft.
Three or More 9,000 Sq. Ft.
H:\USERSCOMMOMDAWNTREPORTS\PA214-06wor n.wpd
To: Fayetteville Planning Commission
From: Dan Broyles, Representative of the Applicant
Date: 1/17/00
Re. Rezoning App. A-1 toR-2 with Conditional Use Permit Professional office
Subject: 1633 E. Zion Rd., Fayetteville, AR 72703, a 2,700 sf rent house located
just east oftheNWA Mall
Applicants: Robert Norman, Kyle Pendergraft, and Rick Barnes
Owners: Kent Brian Gaddy & Tracie Rogers
Purpose: If rezoned, used as a food sales office by Applicants.
This property is under contract and the applicants are the buyers.
The contract is contingent upon the rezoning of the property from A- 1 to R-2, and a
conditional use permit allowing professional office for their intended use.
Rezoning is needed by the applicants to operate the property as a small business office.
The business is food sales and marketing, selling to customers predominantly out of state.
The current owners need the rezoning to maximize the sale price of their property.
The house was on the market for approximately a year and the Realtor listing expired.
Subsequently, the applicants were able to reach an agreement to purchase the property,
with the intended use a professional office.
This parcel is one of three residential sites bunched together on the south side of Zion.
The Zion Place, a condominium development, the electrical power station, and an
apartment complex surround these three houses. It may be accurate to conclude that
these three houses are less attractive at this time for primary residential use.
With respect to traffic, E. Zion Road is developing and classified as a "collector",
anticipating further expansion: The applicants will not create any traffic to this location,
will not receive any equipment or products, will not warehouse anything, or use any
commercial vehicles.
Applicants anticipate four folks in the office, however, two of the applicants travel in the
course of their responsibility to the business. It is strictly a sales office utilizing the
telephone and Internet marketing.
Changes planned for the appearance include new roof, painting the outside, and
improving the driveway. The only signage anticipated is a small monument sign of
approximately 25 sf
All utilities are present to meet the intended use of the applicants. Water and sewer are
available, located on the south side of the street. The water line is six inches, and the .
sewer is eight inches.
Thank you.
Jamie L. Jones, Jr.
1654 East Zion Road
Fayetteville, AR 72703
(501)442-6239
January 6, 2000
Mr. Tim Conklin
City Planning Director
113 W. Mountain
Fayetteville, AR 72701
Dear Tim,
This is a follow up to our telephone conversation today regarding the RZ99-3400 rezoning of
�� 1
1633 E. Zion Road from A- 1 tR-O, Residential office. Ci,e , . /� �`o R- 0, ROA! O''v` [ �J
I plan to attend the meeting on Monday, January 10th unless we have to be out of state because
of a gravely ill relative.
I am opposed to the R-O rezoning or any other zoning that would hint of commercial use. The
aforementioned property is directly across the street from my home of the past 34 years and we
have been given assurances in the past that the City did not plan to violate the residential quality
of our neighborhood.
Thank you for your consideration.
Sincerely,
Jamie Jone�
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZ99-34 FOR A PARCEL
CONTAINING APPROXIMATELY .76 ACRES LOCATED
AT 1633 E. ZION ROAD AS REQUESTED BY
ROBERT NORMAN, KYLE PENDERGRAFT, AND RICK
BARNES.
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 A- 1 , Agricultural to R-2, Medium Density Residential for the real
property described in Exhibit "A" attached hereto and made 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 day of 12000.
APPROVED:
By
Fred Hanna, Mayor
ATTEST:
By
Heather Woodruff, City Clerk
0 •
EXHIBIT "A"
Norman, Pendergraft, Barnes, RZ99-34
A part of the NW I /4 of the SW 1/4 of Section 24, Township 17 North, Range 30 West of the
Fifth Principal Meridian, Washington County, Arkansas, being more particulary described as
follows, to-wit: Beginning at a point 731 .64 feet South of the NE corner of the NW 1 /4 of the
SW 1 /4; said point being in the centerline of Zion Road; thence South 182.56 feet to an existing
iron pin that is 408.76 feet North of the SE comer of said 40 acre tract; thence West 152.5 feet;
thence North 251 .4 feet to the centerline of Zion Road; thence with said centerline, S 65 '42'39"E
167.31 feet to the Point of Beginning, containing 0.76 acres, more or less and subject to the right
of way of Zion Road on the north side thereof.