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Home My WebLink AboutOrdinance 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 -4- - ,/-o 4-- 7o 3 ZD- oo 3 ORD . 4232 EXHIBIT A. EXHIBIT "A" LEcr Legal Description for RZ00-2 DE SC 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. M x 013 20000 1 96 ;14 Bet IN hlAmess, Circuit Clark and 8KiolNele �f i BSf N1eeNIN M, OeUnry ANteNe®e, do hereby i 3 a { Mont was Nhled for record In rey 90 fl 1 MMOR ead I e same to new qM 1H l. .p gglinew 4fflaP{ 9Nil 0®NIf1651� tier M199Sea +Jn9 nsf34 at iNdIU��3fuu4AIIQINer9en• nandondafflggd eoaRa 81969 HonlHe{tlogawdY sated namon. Kaml en Mamea.4 irc a lode and FWAfF.?0Q Q.W' -rdgp 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 RZ00-2 . 00 - Keating - Close Up u G2 R2 G2 G2 R-2G2 R2 R2 G2 El RZ00-2.00 2.89 Ac. O R-0 R-0 R-0 to c-1 u SUNBRIDGE G2 O G2 O R-0 R-0 R-0 R-o G2 G2 2 G2 -0 N 100 0 100 Feet E S RZ00-2 . 00 - Keating - One Mile Diameter w G2 O MAS rx A-1 EV SHIR i R-0 R-1 G2 G2 -1 C o R-1 O HILL w R-1 i _1 hi m R-1 ROIL R'1 G2 R-1 HARD R-1 s R-1 R-0 R-0 �� F41 d MARGARET BRIARCLIFF APPLEBY = G2 R-2 G2 R-0 ,41 G2 CORTLAND R-1 R R- A-t R-2 € R-1 C1GF ON ¢ 2 R-2 R-0 Q O R-0 R-0 C2 OCC/N R 1 w R-1 UR �k't•� J GN/CCS A-1 yFJ'�l� g R-2 RED UD � GCENN OAK 1 c� N A-1 R-1.5 - R-1.5 u ¢ MIM G2 BONN/f R-1 EVER EEN 1 ¢O SAO R1 a R-2 R-2 R_2 R-2 R R I O rn yy U -P� R-2 � O" �I "((R- R-2 -//11ff ti R-2 ' R 1 R-2 62 \ R-1 JOC � University Of Arkansas G1 u'SUNBRIWENIDYBROOK o DGE CLIFF A7 G2 R-1 O ` R-1 R.,O D £ WOO 00 G7 G22 G2 41 R G2 S R-1 o R1 R1 Y Zv Hi G2 TOWNSHIP G G2 R-1 pp R-1 R-1 R-1 2 PEEL O S NNYHI -1 Q J G2 R 10� R-1 R-1 w I-1 v R-1 mac R-1 O\ R-0 G2 OVERC R-1 = m R-1 1 R R2O R-2 G,zz5 fs-1 I-1 G2 w R-1 R-2 a R-1 R-1 R-1 -1 R-0 R-1 R-1 2 ELM R- 1_1 m R-0 IL WINBAUGH R-1 POPLAR R-1 a R I-1 S -0 D BRA F R-1 1 rc I-1 g R-1 R-1 a R-1 P-1 P- SR-1?r -13 R-1 ASH A-1 7 1 3 w R-1 SYCAMORE R 1 1 R-0 G2 ; = EDNA 1 R-1 R- h � 3 3 I- R-1 0ppli R-1 G2 BROAD 1400 0 1400 Feet N W E S 11 11 som Keating sms 2020 Plan C iu M' ........... a a w 0 90 ago a 11 MM ........... ........... Planning Commission Minutes February 14, 2000 Page 50 RZ00-2: REZONING KEATING ENTERPRISES, INC. PP290 This item was submitted by Bill Keating of Keating Enterprises, Inc. for property located at lots 1 and 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. Bill Keating was present on behalf of the request. Staff Recommendation Staff recommended approval based on the findings included as part of the staff report. Commission Discussion Johnson: This is on Sunbridge which has recently been extended through to College Avenue. I guess this is where we have the new stoplight. Staff has recommended approval stating that this is a commercial node and is an appropriate place for some small commercial establishments which can be allowed in a C-1. Tim, do you have additional information for us on this proposed rezoning. Conklin: This rezoning also is consistent with the 2020 Plan. This area is shown as community commercial on that plan. Johnson: Staff also notes that if this is rezoned and developed, then commercial design standards will apply which will give us some additional authority in the development. Let me ask whether there is someone representing the applicant and if so whether he wants to make an additional presentation to us. Keating: Happy Valentine's Day. I'm Bill Keating. Johnson: Do you have questions of the staff or Mr. Keating on this proposed rezoning? We took a look at it last Thursday when we were on tour so we know the location. Public Comment None MOTION Commissioner Shackelford made a motion to approve RZ00-2. S • Planning Commission Minutes February 14, 2000 Page 51 Commissioner Bunch seconded the motion. Johnson: We have the motion by Commissioner Shackelford and the second by Commissioner Bunch that we approve RZ00-2. Is there discussion of the motion to approve? Roll Call Upon roll call, the motion passed with a unanimous vote of 8-0-0. • 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 FAYETTEVILLE, 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 described as 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 day of , 2000. APPROVED: no ATTEST: By Heather Woodruff, City Clerk Fred Hanna, Mayor t. I. • • EXHIBIT "A" Keating, RZ00-2 All of Lot I 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 Corner of the SE1 /4, S W 1/4 of Section 35, TI7N, R30W, thence WEST 808.13 Feet to the P.O.B.; thence N89°3321 "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 70°57'10"E 65.27 Feet, thence N 51°4953'E 155.72 Feet, thence N 37°44'31 "W 7.86 Feet, thence N 52°15'29'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 66°08'48"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 01 °38'58"E 31.65 Feet to the P.O.B. Containing 2.89 acres more or less subject to R/W and easements of record. STAFF REVIEW FORM X Agenda Request Contract Review Grant Review For the Fayetteville City Council meeting of March 7, 2000. FROM: Tim Conklin Planning Public Works Name Division Department ACTION REQUESTED: To approve an ordinance for RZ 00-2.00 submitted by Bill Keating of Keating Enterprises Inc. for property located at lots 1 & 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. COST TO CITY: Cost of this request Account Number Project Number Category/Project Budget Funds used to date Remaining balance BUDGET REVIEW: Budgeted Item Category/Project Name Program Name Fund Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:_ c nti g ager Date ADA Coordinator Z -N ity At ey Q Date Internal Auditor Purchasing Officer Date Date Date STAFF RECOMMENDATION: Staff recommended approval and Planning Commission unanimously voted 8-0-0 to recommend and forward the rezoning to the City Council. Date Date Date Cross Reference New Item: Yes No Prev Ord/Res#: Orig Contract Date: ORDINANCE NO.4232, AN ORDINANCE REZONING THAT PROPERTY DESCRI- BED IN REZONING PETITION RZ00-2 FOR A PARCEL.CON- TAINING APPROXIMATELY 2.89 ACRES LOCATED ON LOTS I AND 2 SUNBRIDGE EAST AS REQUESTED BY BILL KEATING OF KEATING ENTERPRISES. BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF FAYETTEVILLE, ARKANSAS: 5109n 1: That the zone classi- fication of the following descri- bed 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 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 7th day of March, 2000. APPROVED: By: Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBIT Legal Description for RZ00-2 All of Lot I 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 particular described as follows: Commencing at the NE Corner of the SE1/4, SE1/4 of Section 35, T17N, R30W, thence WEST 808.13 Feet to the P.O.B.; thence Ni 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 o N 70°57'10" E 65.27 Feet, thence N51°49'53" E 155.72 Feet; thence N 37°44'31" W 7.86 Feet, thence N 52°15'29" 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 bear-. ing and distance of N 66°08'48" 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°4112" E 15.12 Feet, thence N 47°1009" E 6.17 Feet, thence � N 01°38'58" E 31.65 Feet to the P.O.B. Containing 2.89 acres more or less subject to R/W and easements of record. STATE OF ARKANSAS 1 County of Washington } ss. 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 ctrtify that the legal notice attached in the matter of was published in the regular daily issue of said newspaper for / consecutive insertions as follows: (�EW s/ic �l. The first insertion on the day of 20 the second insertion on the day of 20 the third insertion on the day of 20— the fourth insertion on the a of 1 fisher/General Manager Sworn to and subscribed before me on this AD day of 1p5 Notary Public My Commission Expires: C c ` Fees for Printing .......................... M..............f...............$ �. Costof Proof.............................................................$ Total..........................................................................$`, �S