HomeMy WebLinkAboutOrdinance 4234 FILED FOR RECORD
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WASNINCTON CO AR
X . HARNESS
ORDINANCE NO, 4234
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZ00-9 FOR A PARCEL
CONTAINING APPROXIMATELY 19.47 ACRES LOCATED AT
THE SOUTHWEST CORNER OF RAZORBACK ROAD AND
CATO SPRINGS ROAD AS REQUESTED BY CHARLES
VENABLE ON BEHALF OF THE CITY OF FAYETTEVILLE.
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 to I- 1 , Heavy Commercial/Light Industrial
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 7'' day of March , 2000.
• ' APPROVED:
• ' '� ,
.tic r
e
By:
vFed Hanna, Mayor
A
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By: A-1Z,
Heather Woodruff, City C1
20000119677
ORD . 4234
EXHIBIT A
EXHIBIT "A"
Legal Description for RZ00-9
A PART OF THE NORTHWEST QUARTER (NW1/4) OF THE NORTHEAST QUARTER
(NEI/4) OF SECTION 29, T- 16-N, R-30-W, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: FROM THE NE CORNER OF THE NORTHWEST QUARTER (NWI/4) OF THE
NORTHEAST QUARTER (NEI /4) OF SAID SECTION 29, THENCE SOUTH 2032130" WEST -
44.30 FEET TO THE SOUTH RIGHT OF WAY LINE OF CATO SPRINGS ROAD, THENCE
ALONG SAID SOUTH RIGHT OF WAY LINE NORTH 87028'57" WEST - 155 .60 FEET TO
THE POINT OF BEGINNING, THENCE ALONG SAID SOUTH RIGHT OF WAY LINE NORTH
87028'57" WEST - 346.86 FEET; THENCE SOUTH 1 °52'28" WEST - 9.75 FEET; THENCE
NORTH 87059'09" WEST - 72.23 FEET TO THE BEGINNING OF A CURVE; THENCE
SOUTHWESTERLY CURVING TO THE LEFT ALONG SAID SOUTH RIGHT OF WAY LINE,
SAID CURVE HAVING A RADIUS OF 298.75 FEET, A DELTA ANGLE OF 4802112411, AND
A LENGTH OF 252. 14 FEET TO THE EAST RIGHT OF WAY LINE OF ARKANSAS
HIGHWAY 265 ; THENCE ALONG SAID EAST RIGHT OF WAY LINE SOUTH 21056'30"
WEST - 45 . 16 FEET; THENCE SOUTH 20°28'50" WEST - 97.90 FEET; THENCE SOUTH
18058'50" WEST - 48.95 FEET; THENCE SOUTH 17054' 15" WEST - 56.42 FEET; THENCE
SOUTH 17019'40" WEST - 92.37 FEET; THENCE SOUTH 8°47'50" WEST - 101 . 12 FEET;
THENCE SOUTH 17019'40" WEST - 77.48 FEET; THENCE SOUTH 26° 19'33" WEST - 83 .72
FEET; THENCE LEAVING SAID EAST RIGHT OF WAY LINE SOUTH 87022'57" EAST -
653 .00 FEET; THENCE SOUTH 2034'20" WEST - 576.00 FEET TO THE SOUTH LINE OF THE
NORTHWEST QUARTER (NWI/4) OF THE NORTHEAST QUARTER (NEI/4) OF SAID
SECTION 29; THENCE ALONG SAID SOUTH LINE SOUTH 87° 14' 15" EAST - 539.50 FEET
TO THE WEST RIGHT OF WAY LINE OF THE ARKANSAS MISSOURI RAILROAD;
THENCE ALONG SAID WEST RIGHT OF WAY LINE NORTH 8006'09" WEST - 897.20 FEET;
THENCE LEAVING SAID WEST RIGHT OF WAY LINE SOUTH 80033'50" WEST - 150.50
FEET; THENCE NORTH 7°42'23" WEST - 426.50 FEET TO THE POINT OF BEGINNING,
CONTAINING 19.47 ACRES, MORE OR LESS, TO THE CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS. SUBJECT TO ANY EASEMENTS AND/OR RIGHTS
OF WAY OF RECORD.
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200001678
1, Kamldan Hamose, CIroWt clerk end Ex•orticlo
ceRlly that thlfi Iflktrdmtlfll Woe filled Pot fKklyd m my
Recorder 10f Weehingttlh County, Atkaneae' do here y
Ino
racordediWh'h� lhehaokhtlWladgomsntt end ceRin eIe
thereon In Flootlro Book and Fags as Indlosted thefeon.
IN WITNESS WHEpEOF, I have hereunto sat my
hand and affixed the Beal of saltl Court on the date find'
sated hereon.
,<athleen Harness
tvr� ter. and Ex-offlclo Recorder
NAME OF FILE: ��ii/i�✓� � sT/o ���
CROSS REFERENCE:
Date Contents of File Initials
3yo D o . z
3,2 -
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113W. Mountain St.
Fayetteville, AR 72701
Telephone: (501 ) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission SRP
FROM: Dawn T. Warrick, Associate Planner
THRU: Tim Conklin, City Planner
DATE: February 14, 2000
RZ 00-9.00: Rezoning (City of Fayetteville, pp 638) was submitted by Charles Venable on
behalf of the City of Fayetteville for property located at the southwest corner of Razorback Road
and Cato Springs. The property is zoned R-2 Medium Density Residential and contains
approximately 19.47 acres. The request is to rezone to I- 1 , Heavy Commercial/Light 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 14, 2000
CITY: COUNCIL ACTION: Required YES
O Approved . O Denied
Date:
Comments:
HAUSERS�COMMOMDAWMVtEPORTSPC\2-14-OPciryoJfay.wpd
BACKGROUND:
This site is currently owned by the City of Fayetteville and is the site of the City's Water and
Sewer Operations facility. Until 1998 the property was zoned I- 1 , Heavy Commercial/Light
Industrial, which was an appropriate zone for this use. In March of 1998, the City entered into a
contract with The Dinerstein Companies. This company proposed to purchase the property and
build 180 apartment units. In order to process this plan, R-2 zoning was sought and granted.
After the property had been rezoned however, The Dinerstein Companies backed out of their
contract to purchase the property.
The Water and Sewer Division had plans in 1998 to relocate to a site in the south industrial park.
Those plans have changed and renovation and addition to the existing site is now the preferred
course of action to improve these City facilities. It is now necessary to change the zoning of this
property back to I-1 in order for the current use to be conforming and to allow expansion of this
facility.
SURROUNDING LAND USE AND ZONING
North: Single family homes (C- 1 )
South: Single Family Home (C-2)
East: Cornucopia Fayetteville Urban Farm (I- 1 )
West: Undeveloped (R-2)
INFRASTRUCTURE:
Streets: The site is adjacent to Razorback Road which is classified on the Master Street
Plan as a principal arterial ( 110' of right of way required), and Cato Springs Road
which is classified on the Master Street Plan as a minor arterial (90' of right of
way required).
Water: There is a 12" water line crossing this property.
Sewer: There is an 8" sewer line along Cato Springs Road.
LAND USE PLAN: General Plan 2020 designates this site Regional Commercial. Rezoning
this property to I- 1 , Heavy Commercial / Light Industrial, is consistent with the land use plan and
compatible with surrounding land uses in the area.
HAUSERSCOMMONVJAWMV2EPORTSPC\2-14-00\ciryofj-ay.wpd
00
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 is consistent with land use planning objectives. Uses
permitted within the I-1 zoning district would be suitable for development in
areas designated as Regional Commercial.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The rezoning is justified and needed at this time. This action will return the
appropriate zoning designation to this property and will allow for expansion
of the City's Water and Sewer Operation facility.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed rezoning 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 rezoning will not alter the population density and thereby
undesirably increase the load on public services.
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
HAUSERACOMMOMDAWMVtEPORTAPC%2-I4-Wv ityosjay.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(VIII); 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
H:\USERSCOMMOMDA WMWEPORTSPCV-14-ON-iryoffay.wpd
EXHIBIT "A"
City of Fayetteville, RZ00-9
A PART OF THE NORTHWEST QUARTER (NWl /4) OF THE NORTHEAST QUARTER
(NEI /4) OF SECTION 29, T- 16-N, R-30-W, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: FROM THE NE CORNER OF THE NORTHWEST QUARTER (NWl/4) OF
THE NORTHEAST QUARTER (NEI/4) OF SAID SECTION 29, THENCE SOUTH 2032130"
WEST - 44.30 FEET TO THE SOUTH RIGHT OF WAY LINE OF CATO SPRINGS ROAD,
THENCE ALONG SAID SOUTH RIGHT OF WAY LINE NORTH 87028'57" WEST - 155 .60
FEET TO THE POINT OF BEGINNING, THENCE ALONG SAID SOUTH RIGHT OF WAY
LINE NORTH 87028'57" WEST - 346.86 FEET; THENCE SOUTH 1 '52'28" WEST - 9.75
FEET; THENCE NORTH 87 °59'09" WEST - 72.23 FEET TO THE BEGINNING OF A
CURVE; THENCE SOUTHWESTERLY CURVING TO THE LEFT ALONG SAID SOUTH
RIGHT OF WAY LINE, SAID CURVE HAVING A RADIUS OF 298.75 FEET, A DELTA
ANGLE OF 48021 '24", AND A LENGTH OF 252. 14 FEET TO THE EAST RIGHT OF WAY
LINE OF ARKANSAS HIGHWAY 265 ; THENCE ALONG SAID EAST RIGHT OF WAY
LINE SOUTH 21056'30" WEST - 45. 16 FEET; THENCE SOUTH 20 °28'50" WEST - 97.90
FEET; THENCE SOUTH 18 ° 58'50" WEST - 48.95 FEET; THENCE SOUTH 17 ° 54' 15" WEST
- 56.42 FEET; THENCE SOUTH 17 ° 19'40" WEST - 92.37 FEET; THENCE SOUTH 8 °47'50"
WEST - 101 . 12 FEET; THENCE SOUTH 17 ' 19'40" WEST - 77.48 FEET; THENCE SOUTH
26019'33 " WEST - 83 .72 FEET; THENCE LEAVING SAID EAST RIGHT OF WAY LINE
SOUTH 87022'57" EAST - 653.00 FEET; THENCE SOUTH 2 °34'20" WEST - 576.00 FEET
TO THE SOUTH LINE OF THE NORTHWEST QUARTER (NWl /4) OF THE NORTHEAST
QUARTER (NEI/4) OF SAID SECTION 29; THENCE ALONG SAID SOUTH LINE SOUTH
87014' 15 " EAST - 539.50 FEET TO THE WEST RIGHT OF WAY LINE OF THE
ARKANSAS MISSOURI RAILROAD; THENCE ALONG SAID WEST RIGHT OF WAY
LINE NORTH 8 006'09" WEST - 897.20 FEET; THENCE LEAVING SAID WEST RIGHT OF
WAY LINE SOUTH 80033'50" WEST - 150.50 FEET; THENCE NORTH 7 °42'23 " WEST -
426.50 FEET TO THE POINT OF BEGINNING, CONTAINING 19.47 ACRES, MORE OR
LESS, TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS.
SUBJECT TO ANY EASEMENTS AND/OR RIGHTS OF WAY OF RECORD.
00
Planning Commission Minutes
March 13, 1998
Page I I
RZ 98-6.00: REZONING (THE DINERSTEIN COMPANIES)
SOUTHEAST CORNER OF CATO SPRINGS ROAD AND RAZORBACK ROAD
Submitted by the applicant for property located at the southeast comer of Cato Springs Road and Razorback Road.
The property is zoned I- 1 , Heavy Commercial-Light Industrial and contains approximately 19.47 acres. The request
is to rezone the property R-2, Medium Density Residential.
Staff Recommendation:
Staff recommends approval of the requested rezoning from I-1 to R-2.
aJr1
Mr. Harold Heady appeared before the Commission on behalf of the applicant. -Z3
There were no public comments.
Mr. Heady stated the intent of this project was to build 180 apartment units which would be upscale. It would
contain a clubhouse along with substantial amenities e.g. computer facilities and a pool with a deck and students
would be the market.
❑ Mr. Reynolds stated there was heavy commercial in this location and previously the Commission had
refused development and recommended zoning to R-2.
❑ Mr. Forney stated his support for the rezoning saying he would like to see additional development inside
the bypass. He further mentioned there was discussion at the University for more student housing.
Another thing Commissioner Forney wanted to note as a member of the Planning Commission the state law
provided to the Planning Commission to review all public facilities. He requested that relocation of any
city facilities (siting issues) be discussed at Planning Commission.
MOTION
Commissioner Reynolds moved to approve requested rezoning from I-1 to R-2.
Commissioner Ward seconded above motion.
The roll call was given and said motion carried 8-1-0, Watkins voted nay.
• i
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