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
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ORD . 4233
EXHIBIT A
EXHIBIT "A"
Legal Description for RZ00-8
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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.
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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:
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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.
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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
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§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:
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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
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