Loading...
HomeMy WebLinkAboutOrdinance 4233 • AIPD FOR RECORD 00 17flR 15 Pn 3 18 W. ASHINCTON CO AR {. fiARNESS ORDINANCE NO. 4233 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ00-8 FOR A PARCEL CONTAINING APPROXIMATELY 53 .38 ACRES LOCATED AT 2647 S. SCHOOL AVENUE AS REQUESTED BY R. READ HUDSON ON BEHALF OF TYSON FOODS. 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-2, Medium Density Residential and I- 1 , Heavy Commercial/Light Industrial to I-2, General Industrial as 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. "'ED AND AND APPROVED this 7's day of March , 2000. r 'c � APPROVED: By: Fred Hanna, Mayor A � By: leather Woodruf , City-C111 20000196 NAME OF FILE: �Yl lin/��itGcQi i1�0 • �Z3 3 CROSS REFERENCE: Date Contents of File Initials 3-70o Oti � � . �z33 ell 37 0 ORD . 4233 EXHIBIT A EXHIBIT "A" Legal Description for RZ00-8 ,CE& All that certain piece or parcel of land together with the buildings and improvements thereon, situated 2)&sC and being in the County of Washington and State of Arkansas known and described as follows, to wit: All that part of the South half of the Northwest quarter of Section 28, Township 16 North, Range 30 West of the 5's P.M., lying West of U.S. Highway No. 71 , and being more particularly described as follows, to wit: Beginning at an iron pin on the West boundary of said highway, said point being 120 feet West ofthe Northeast corner of said 80 acre tract, and running thence West to an iron pin at the Northwest corner thereof; thence South to an iron pin at the Southwest corner thereof; thence East to an iron pin on the West boundary of said highway; thence Northeasterly along the West boundary of said highway to the point of Beginning, containing 68.06 acres, more or less. LESS AND EXCEPT the following described tract: A part of the Southwest Quarter (SW'/4) of the Northwest Quarter (NW%4) of Section Twenty-eight (28), Township Sixteen ( 16) North, Range Thirty (30) West, in the City of Fayetteville, Washington County, Arkansas, being more particularly described as follows, to-wit: Beginning at an iron pin located at the Southwest comer of the said Southwest Quarter (SW'/4) of the Northwest Quarter (NW'/4) and running then North 1318.46 feet to an iron pin located at the Northwest comer of the said forty acre tract; thence East 330.2 feet along the North line of said forty acre tract to an iron pin; thence South 1320.81 feet to an iron pin located on the South line of the said forty acre tract; thence North 89°35'34" West 330.2 feet to the point of beginning, containing 10.00 acres, more or less. Subject to an easement for ingress and egress, 60 feet in width, on the South side thereof, as described in Washington County Deed Record 617 at page 152. Also subject to the 15 foot wide City of Fayetteville water line easement that runs East and West through the North side thereof, said easement being described as being 7.5 feet of equal and uniform width either of an existing water line and a permanent easement 25 feet in width to the City of Fayetteville, as per right of way grant filed in Book 868 at page 92 in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. LESS AND EXCEPT the following described property: The portion of land that lies west of the centerline of East Fork of Cato Springs Branch and containing approximately 4.68 acres. Also, a 60 foot wide access easement, for ingress and egress, located along the South line of the South Half (S%z) of the Northwest Quarter (NW%4) of said Section 28, Township 16 North, Range 30 West, that runs East and West 1645 feet, more or less, from the West line of the said 80 acre tract to the West right of way line of South School m Street, City of Fayetteville, Washington County, Arkansas, as described in Book 617 at v page 152 in the office of the Circuit Clerk and Ex-Officio Recorder of Washington /X County. _ Subject to easements, rights of way and mineral reservations of record. 2000019i. 6) f; K8thl✓lU gmmollf, gtrouH 011rI and R rroMlsle Fl f fef {�+�fiHin®tan 089nry Afk�nanu, tit, horoby f t tAiq iHstwmenf was �iIN tef record In my B s 1@814d hPflgn and tot Isms I# MOW dNly yea " lh " a"n®wlMaminl and WItIcate ®�fifiyyfi 0009 scok and Pada ss Intlisstad theroom. hand and pq e91h® � 6t a3 de n tllif}tia date nd y cased hersgn FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501) 575-8264 QIAW AIZ PLANNING DIVISION CORRESPONDENCE azvr 6o0 TO: Fayetteville Planning Commission FROM: Dawn T. Warrick, Associate Planner THRU: Tim Conklin, City Planner DATE: February 28, 2000 RZ 00-8.00: Rezoning (Tyson, pp 639) was submitted by R. Read Hudson on behalf of Tyson for property located at 2647 S . School. The property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 53.38 acres. The request is to rezone the property to I-2, General Industrial. 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 28, 2000 CITY COUNCIL ACTION: Required YES YES O Approved . 0 ,Denied Date: March 7. 2000 Comments: H:%USERACOMMOMDAWW7\REPORTSPC\2-28-OOvyson.wpd BACKGROUND: The applicant is requesting that this property be rezoned I-2, General Industrial. The use of the facility as a food processing operation is not proposed to change, however, it was discovered that the current zoning designation of I- 1 , Heavy Commercial, Light Industrial, is not appropriate for the use and will not allow for a desired plant expansion. The uses surrounding this property are varied and range from single family homes (north) to a distribution facility (south) and the new Washington County Road Department and detention facilities which are currently being constructed (west). The use of this particular facility has not changed since 1984. Changing this zoning designation will not effect existing traffic patterns or other impacts on the general area. Uses which are permitted by right in the I-2 district which are prohibited in the I- 1 district include the following: Unit 7 Animal Husbandry Unit 20 Commercial Recreation, Large Sites Unit 23 Heavy Industrial Unit 28 Center for Collecting Recyclable Materials SURROUNDING LAND USE AND ZONING North: Single family homes (R- 1 ) / RV park (C-2) South: McBride Distributing (I- 1) East: Hwy 71B / Commercial structures (C-2) West: Vacant / Washington County (R-2) INFRASTRUCTURE: Streets: Access to this location is from Hwy 71B (South School Street) which runs along the eastern property line. This street is classified as a principal arterial on the Master Street Plan (total right of way needed is 110). Water: 24" line along the north property line, 12" line along South School Street, 8" line stubbed out into the subject property Sewer: 8" line along north property line, 6" line along South School Street, 24" line along rear (west) property line LAND USE PLAN: General Plan 2020 designates this site Industrial. Rezoning this property to I-2, General Industrial, is consistent with the land use plan. H:\USERS\COMMOMDAWMVtEPORTSPG\2-28-0Ovyson.wpd 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 requested rezoning to I-2, General Industrial, is consistent with land use planning objectives, principles and policies and with land use and zoning plans. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning 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 will 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 will not alter population density or 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..\USERSCOMMOMDAWMVl EPORTSPC\2-28AW yson.wpd §161.17 DISTRICT I-1 HEAVY COMMERCIAL Unit 19 Commercial Recreation AND LIGHT INDUSTRIAL. Unit 20 Commercial Recreation-Large Sites A. Purpose. The Heavy Commercial District is designed primarily to accommodate certain Unit 28 Center for Collecting Recyclable commercial and light industrial uses which are Materials compatible with one another but are inappropriate in other commercial or industrial districts. The light C. Bulk and Area Regulations/Setbacks. industrial district is designed to group together a Setback lines shall meet the following minimum wide range of industrial uses, which do not produce re uirements: objectionable environmental influences in their operation and appearance. The regulations of this From Street R-O-W (when 50 ft. district are intended to provide a degree of adjoining A or R districts) compatibility between uses permitted in this district From Street R-O-W (when 25 ft. and those in nearby residential districts. adjoining C, I or P districts) B. Uses. Side (when adjoining A or R 50 ft. districts) 1. Permitted Uses. Unit 1 City-Wide Uses by Right Side (when adjoining C, I or P 10 ft. districts) Unit 3 Public Protection and Utility Rear (when adjoining C, I or P 10 ft. Facilities. districts) Unit 4 Cultural and Recreational Facilities D. Height Regulations. There shall be no Unit 6 Agriculture maximum height limits in I-1 District, provided, Unit 12 Offices, Studios and Related however, that any building which exceeds the height Services of 25 feet shall be set back from any boundary line of any residential district a distance of one foot for each Unit 13 Eating Places foot of height in excess of 25 feet. Unit 17 Trades and Services (Code 1991 , § 160.039; Code 1965, App. A, Art. 5(VRI); Ord. No. 1747, 6-29-89; Ord. No. 2351 , 6-2- Unit 18 Gas Service Stations and Drive-In 77; Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79) Restaurants Unit 21 Warehousing and Wholesale Unit 22 Manufacturing Unit 25 Professional Offices Unit 27 Wholesale Bulk Petroleum Storage Facilities with Underground Storage Tanks 2. Uses Permissible on Appeal to the Planning Commission. Unit 2 City-Wide Uses by Conditional Use Permit HAUSERACOMMOMDA WAMREP0RTS\PC\2-28-00vysan.wpd §161.18 DISTRICT I-2 GENERAL From Street R-O-W (when 100 ft. INDUSTRIAL. adjoining A or R districts) A. Purpose. The General Industrial District From Street R-O-W (when 50 ft. is designed to provide areas for manufacturing and adjoining C, I or P districts) industrial activities which may give rise to substantial environmental nuisances, which are objectionable to Side (when adjoining A or R 50 ft. residential and business use. districts) B Uses Side (when adjoining C, I or P 25 ft. districts) 1. Uses Permitted. Rear (all districts) 25 ft. Unit 1 City-Wide Uses by Right Unit 3 Public Protection and Utility D. Height Regulations. There shall be no maximum height limits in I-2 Districts, provided, Facilities however, that any building which exceeds the height Unit 6 Agriculture of 25 feet shall be set back from any boundary line of any Resident 1 District a distance of one foot for Unit 7 Animal Husbandry each foot of height in excess of 25 feet. Unit 12 Offices, Studios and Related (Code 1991 , § 160.040; Code 1965, App. A, Art. Services 5(IX); Ord. No. 1747, 6-29-89; Ord. No. 2351 , 6-21- Unit 18 Gas Service Stations and Drive- 77; Ord. No. 2516, 4-3-79; Ord. No. 3971 , §2, 5-21- In Restaurants 96) Unit 20 Commercial Recreation, Large Sites Unit 21 Warehousing and Wholesale Unit 22 Manufacturing Unit 23 Heavy Industrial Unit 28 Center for Collecting Recyclable Materials 2. Uses Permissible on Appeal to the Planning Commission. Unit 2 City-Wide Uses by Conditional Use Permit Unit 31 Facilities Emitting Odors and Facilities Handling Explosives C. Bulk and Area Regulations/Setbacks. Setback lines shall meet the following minimum requirements: H.\USERACOMMOMDAWNT\REPORTAPC\2-28-OOvyson.wpd 0 Tyson Foods , Inc. 2210 Oaklawn Drive • P.O. Box 2020 •Springdale, AR 72762-6999 . 1 -800-643-3410 February 4, 2000 Mr. Tim Conklin, City Planner City of Fayetteville, Arkansas 113 West Mountain Fayetteville, AR 72701 Re: Rezoning of Property located in Section 28, Township 16, North, Range 30. Dear Mr. Conklin: We respectfiilly submit this request for the rezoning of the above referenced property owned by Tyson Foods, Inc. ("Tyson") located at 2647 South School Street in Fayetteville, Arkansas. In reviewing our request for a building permit, it was brought to our attention by the City of Fayetteville that the property should be rezoned from I- 1 to I-2 before a permit could be issued. Additionally, we request that you hold our building permit application in abeyance until this matter is resolved. This property is located in a largely industrial area and is surrounded by McBride Distributing on the south side, Highway 71 B along with commercial buildings on the east side, vacant property on the west which is owned by Washington County, and a residential subdivision on the north side of the property. This is not a new facility and Tyson has had a food processing operation at this location since approximately 1984. The rezoning of this property should not affect the surrounding properties in relation to appearance, use, signage or traffic. This property is well landscaped and maintained, something that Tyson takes great pride in. This facility currently employs 864 employees. Therefore, we ask that you consider our request for the rezoning of this property from I-1 to I-2. Sincerely, Xdw� R. Read Hudson Secretary and Corporate Counsel RRH/jk RZ00-8 . 00 - Tyson - Close Up R-2 I I R-2 % onog 0 L u 0 U �� u 2 / fit R-1 L7 R-1 R-2 ���� C� G �� Q E) R71 Q d G2 �I \ ❑ � p Q R-1 0 Q 0 � G2 00 O a � R-2 Q d CD � I-1ED a fl ao R- R-2 a `� R-1 G2� ❑ d � c� o � � o R71 \ oo a G2 a o G2 RZ00-8. 00 G 1- 1 to 1-2 a 53 . 38 Acres G2 i 2R 2/[3 R- do � R-2 t / l v I R2 2 � I-1 -1 R m R-2 o Uo R-1 o I-1 °= 0 4 o O 0 6 N 400 0 400 Feet E S R200-8 . 00 - Tyson - One Mile Diameter PRNATE FSI ` \� I 13TH a G2 L13TH__J R-2 � F F, J8� 6L R-2 py' F, R-\\F'1 �I 2 R-2 R'2 w WALKER 2 ti F7 R-2 G2 F7 wry/ BOONE i G2 R-2 F Gt / Op R-2 p� R-20 SLIGO SUNCHASE R-1 �ayy ETTIGREW y ROWHEAD RIV E R-2 R-2 ¢ R-2 C- R-21 R-21 w G7 z 'e a renrw CUS R-2 F1 R-1 U R-1 R-2 R1.5 41 02 x 0. 1R-2 F1 wi _ R-1 -1 22ND EDEN w ZR w 1 T ` F1 O o W G2 G2 > 5 G� R-2 O R-1 O E` DOWELLTREAT O KYLE R-1 LAURA LEE LORENA G2 G2 24TH R-2 1 U' G2 R-2` TH o \ Cf R-2 26TH I^ \ yci RAVENSWOOD �'RN O 28TH 1 Z \ \ 11 P LES PEACH m2a ��5t TER O P a \ \ \ S 2 28TH �. 2: 1 R- / \ \ ;RRY 29TH R-1 R-1 R-2 R-1 G2 ' h1 ` \ SKELTON 0 / \ GREENWOOD w L / R-1 ¢ O2a MONTGQMERY / u WHILLOCK �, gg�LL O 1 SUNRISE MT. G2 R 7 1 \ll\ G2 ' f F-----L, 1 G2 � rrr---111{ 1400 0 1400 Feet N W E S