HomeMy WebLinkAboutOrdinance 4232 00 P'" 15 3 , 18
WASHINGTON CO AR
K - HARNESS
ORDINANCE NO. 4232
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZ00-2 FOR A PARCEL
CONTAINING APPROXIMATELY 2.89 ACRES LOCATED ON
LOTS 1 AND 2 SUNBRIDGE EAST AS REQUESTED BY BILL
KEATING OF KEATING ENTERPRISES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTE VILLE,
ARKANSAS :
Section 1 : 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.
PASSED AND APPROVED this 7h day of March , 2000.
APPROVED:
to
IATT By'
Fred Hanna, Mayor
Heather Woodruff, City Clerl
2000019673
NAME OF FILE:
CROSS REFERENCE:
Date Contents of File Initials
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ORD . 4232
EXHIBIT A.
EXHIBIT "A" LEcr
Legal Description for RZ00-2 DE
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All of Lot 1 and part of Lot 2 of Sunbridge East in the City of Fayetteville as per plat
on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington
County, Arkansas, being more particularly described as follows: Commencing at the
NE Comer of the SETA, SW 1/4 of Section 35, T17N, R30W, thence WEST 808. 13
Feet to the P.O.B. ; thence N89033'21 "W 610.00 feet, thence S 01 *42' 14"W 267.71
Feet, thence EAST 275 .05 Feet, thence along a curve to the left 66.49 Feet, said
curve having a radius of 100.00 Feet and a chord bearing and distance of N
70057' 1 0"E 65 .27 Feet, thence N 51 °49'53"E 155.72 Feet, thence N 37°44'31 "W 7.86
Feet, thence N 52' 1 5'29"E 42.00 Feet, thence along a curve to the right 126.05 Feet,
said curve having a radius of 260.00 Feet and a chord bearing and distance of N
66008'48"E 124.82 Feet, thence along a curve to the left 17. 13 Feet, said curve
having a radius of 12.50 Feet and a chord bearing and distance of N 40°46'45 "E
15.82 Feet, thence N 01 '41 ' 12"E 15 . 12 Feet, thence N 47' 10'09"E 6. 17 Feet, thence
N 01038'58"E 31 .65 Feet to the P.O.B. Containing 2.89 acres more or less subject
to R/W and easements of record.
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE. ARKANSAS
113W. Mountain St.
Fayetteville, AR 72701 1014AI
Telephone: (501) 575-8264 �bZVr
PLANNING DIVISION CORRESPONDENCE :oke
TO: Fayetteville Planning Commission
FROM: Dawn T. Warrick, Associate Planner
THRU: Tim Conklin, City Planner
DATE: February 14 2000
RZ 00-2.00: Rezoning (Keating Enterprises Inc. pp 290) was submitted by Bill Keating of
Keating Enterprises Inc. for property located at lots I & 2 Sunbridge East. The property is zoned
R-O, Residential Office and contains approximately 2.89 acres. The request is to rezone to C- 1 ,
Neighborhood Commercial.
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings included as
part of this report.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: February 14. 2000
I TU VCOUNCIL ACTION: Requited YES
O Approved , 0 Denied
Date
Comments:
HAUSERSCOMMOMDAWN7VtEPORTSPC\2-14-Oft ea ting.wpd
BACKGROUND:
The applicant is requesting that this property be rezoned to C- 1 , Neighborhood Commercial, it is
currently zoned R-O, Residential Office.
Uses which are not permitted in R-O but that would be allowed in C- I include:
Use Unit 13 Eating Places
Use Unit 15 Neighborhood Shopping
Use Unit 18 Gasoline Service Stations and Drive-In Restaurants
Sunbridge Drive has recently been extended to College Ave. Currently the property along
Sunbridge Drive has developed as mixed use with an emphasis on professional offices.
Expansion of commercial zoning (C- 1 district) in this location would make a wider variety of
uses available to residents of the area and would make use of existing infrastructure.
The City' s Commercial Design Standards ordinance will be applied to any development
proposed for this property and will enable Planning Commission to ensure compatibility with
other developments in the area. The C- I zoning district will expand the allowable commercial
uses for this location. In addition to professional offices; convenience stores, restaurants, and
retail establishments would be allowed by right. These types of uses would create a buffer
between the higher commercial uses along College Ave. to the east and the professional offices
along Sunbridge Drive.
SURROUNDING LAND USE AND ZONING
North: Villa Mobile Home Park (R-2)
South: Single family home / Nettleship property (R-O)
East: Commercial (C-2)
West: Vacant (R-O)
INFRASTRUCTURE:
Streets: South: Sunbridge Drive
East: Villa Drive
Water: 8" line along Sunbridge
Sewer: 8" line along Sunbridge, 6" line along Villa
HAUSERSCOMMOMDAWMVtEPORTSPC%2-14Wkeating.wpd
LAND USE PLAN: General Plan 2020 designates this site Community Commercial. Rezoning
this property to C- 1 , Neighborhood Commercial is consistent with the land use plan and
compatible with surrounding land uses in the area.
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) designates this area as regional
commercial. The zoning of C-1, Neighborhood Commercial, is consistent
with the 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 C-1 is justified and needed at this time.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning of C-1 will not create or appreciably increase traffic
danger and congestion. Sunbridge Drive has recently been extended to
College Ave. Access is available from College, Villa and Sunbridge.
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 will not alter the population density and will not
therefore 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
H:\USERSCOMMOMDAWMVtEPORTS\PC\2-l4-OWceating.wpd
§161.13 DISTRICT C-1 NEIGHBOR- From Side Property Line 10 ft.
HOOD COMMERCIAL. When Contiguous to a
Residential District
A. Purpose. The Neighborhood
Commercial District is designed primarily to From Back Property Line 20 ft.
provide convenience goods and personal
services for persons living in the
surrounding residential areas. D. Building Area. On any lot the
area occupied by all buildings shall not
B. Uses. exceed 40% of the total area of such lot.
1. Permitted Uses. E. Height Regulations. There shall
Unit 1 City-Wide Uses by Right be no maximum height limits in C- 1
District, provided, however, that any
Unit 12 Offices, Studios and Related building which exceeds the height of ten feet
Services shall be set back from any boundary line of
Unit 13 Eating Places any residential district a distance of one foot
for each foot of height in excess of ten feet.
Unit 15 Neighborhood Shopping
(Code 1991 , § 160.035 ; Code 1965, App. A,
Unit 18 Gasoline Service Stations and Art. 5(V); Ord. No. 1747, 6-29-89; Ord. No.
Drive-In Restaurants 2603, 2- 19-80)
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
HAUSERSCOMMOMDAWMVLEPORTSPC\2-14.00*ea ting.wpd
135 W. Sunbridge St. Suite #8
Fayetteville, Ar. 72703
01/07/00
Planning Commission
City of Fayetteville
1 ] 3 W. Mountain St.
Fayetteville, Ar. 72701
We are requesting that lots 1 & 2 in Sunbridge East, owned by Bill &
Dick Keating, be rezoned from R/O to C-1 .
These lots are in a new commercial subdivision with all utilities
available. Ron Petrie with the City Engineering Department has assured us
that there is adequate water and sewage for any commercial development.
The lots are located on a four-comer intersection just off College Ave.
Two corners of this intersection are already zoned Commercial. The
remaining two corners have the same commercial feel.
This rezoning would not adversely impact the surrounding properties.
To the west of lots 1 and 2, Sunbridge Street has developed in a commercial
rather than residential manner. To the south and east, the development
already is or will be commercial. To the north, the Villa Mobile Home
community could use close-by lots zoned to accommodate service-oriented
businesses such as cleaners, restaurants, or a convenience store. This
rezoning would allow such development to take place.
Finally, there would be precedence to rezoning these lots. Both Drake
Street to the north of Sunbridge and Township Street to the south are
intersections with many similarities to Sunbridge. Both of these streets
were zoned Commercial in the sections immediately off College.
Re a Mly,
Dick Keating
Keating Joint Venture, LLC
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