HomeMy WebLinkAboutOrdinance 4237 FILED FOR RECORD
00 APR 5 A"1 11 36
WASHINGTON CO AR
K . HARNESS
ORDINANCE NO. 42 ,17
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZOO-10 FOR A PARCEL
CONTAINING APPROXIMATELY 0.72 ACRES LOCATED AT
2650 OLD FARMINGTON ROAD AS REQUESTED BY M.B.
STILES.
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 A- 1 , Agricultural to C-2, Thoroughfare Commercial, 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.
PASSED AND APPROVED this 2151 day of March , 2000.
APPROVED:
�
By %/ �j✓!
Ked Hanna, Mayor
ATTEST:
By
H ather Woodruff, City Clerk
2000026115
• � • � ord . 4237
EXHIBIT A
EXHIBIT "A"
Legal Description for RZ00-10 Ex
o
Part of the Southwest Quarter (S W'/,) of the Southeast Quarter (SE'/,) of Section 18
a�
and part ofNorthwest Quarter (NW'/,) of the Northeast Quarter (NE'/,) of Section 19,
all being in Township 16 North, Range 30 West Washington County, Arkansas,
being more particularly described as follows:
Beginning at the Southeast comer of said SW'/,, of the SE'/, of Section 18; thence
North 242.55 feet, thence West 274.94 feet to the POINT OF BEGINNING: thence
North 87 degrees, I l minutes, 04 seconds West a distance of 87.00 feet, thence South
0 degrees, 05 minutes, 08 seconds East a distance of 319.00 feet, thence South 82
degrees, 34 minutes, 48 seconds West a distance of 103 .00 feet, thence North 02
degrees, 30 minutes, 38 seconds East a distance of 337.00 feet to the POINT OF
BEGINNING. Containing 31 , 168. 17 sqft or 0.72 acres more or less.
M
x
00
2000026116
I, Kathleen Homage, Clteult Cterk and Ex•mfide
Recorder for Washington County, Arkansas, do hereby
certify that this instrument was filed for record In my
office as Indicated hereon and the some is now duly
recorded with the ecknowlodgement and certificate
thereon In Record Book and Page as Indicated thereon,
IN WITNESS WHEREOF, I have hereunto set m
hand and affixed the seat of Bald Court on the date indr
cated hereon.
Kethhmn Harness
Circuit CIErk�and -oHido Recorde',rp�-//—fiy—� -- J
NAME OF FILE: �16TI/ 116 • 411Z
CROSS REFERENCE:
Date Contents of File Initials
3
D
FAYETTEVILLE
THE CITY OF FAYETTEVIUE, ARKANSAS
113W. Mountain St.
Fayetteville, AR 72701
Telephone: (501) 575-8264
PLANNING DIVISION CORRESPONDENCE A.
A-ra
TO: Fayetteville Planning Commission CoR
FROM: Dawn T. Warrick, Associate Planner
THRU: Tim Conklin, City Planner
DATE: February 28, 2000
RZ 00-10.00: Rezoning (Stiles, pp 519) was submitted by M.B. Stiles for property located at
2650 Old Farmington Road. The property is zoned A-1 , Agricultural and contains approximately
0.72 acres. The request is to rezone the property to C-2, Thoroughfare 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 28. 2000
CITY COUNCIL ACTION - h Requudd' YES
Approved? } ` � O Denied ,
i L
.f-
Comments:
H.\USER.ACOMMOMDAWM\REPORMPC%2-28-00VU er.wpd
BACKGROUND:
The applicant is requesting that this property be rezoned to C-2, Thoroughfare Commercial in
order to develop a dinner theater in this location. The entire tract contains approximately 1 .98
acres, with the easternmost 1 .26 acres already zoned C-2.
Surrounding properties include motels, residences - single family and duplex, and a GTE transfer
station (south). Access to this property is available from Shiloh Drive (southbound outer road)
and also from Hwy 62 (e Street) by way of One Mile Road and Old Farmington Rd.
There is an historical house on the site which is proposed to be an office for the dinner theater. A
new structure would be erected to house the theater and parking would be provided. A large
scale development is required to be approved by the Planning Commission in order for this
project to be constructed.
SURROUNDING LAND USE AND ZONING
North: Motel, vacant (C-2)
South: Residential (R-O)
East: Motels (C-2)
West: Vacant, Single family homes (A- 1)
INFRASTRUCTURE:
Streets: The main access for this property is Old Farmington Road (on the south side).
One property separates this tract from Shiloh Drive, the outer road on the west
side of I-540. Shiloh in this location carries southbound traffic only.
Water: 8" line along Old Farmington Road.
Sewer: 8" line along Old Farmington Road.
LAND USE PLAN: General Plan 2020 designates this site Regional Commercial. Rezoning
this property to C-2, Thoroughfare 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.
HAUSERACOMMO"AWMWFPORTAPC%2-28-Ofttiks.wpd
Finding: The proposed zoning to C-2, Thoroughfare Commercial, is consistent with
the City's adopted General Plan which designates this area 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 proposed rezoning is justified 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 would not create or appreciable increase traffic danger
and congestion. Any development proposal for this tract must be considered
with regard to access and the Planning Commission, at the time of Large
Scale Development review, may require on-site and off-site improvements.
Shiloh Drive, the southbound outer road, is classified as a Collector on the'
Master Street Plan requiring a total of 70' of right of way.
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 would not alter population density.
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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§161.14 DISTRICT C-2 THOROUGH-FARE C. Bulk and Area Regulations. Setback
COMMERCIAL. lines shall meet the following minimum
re uirements:
A. Purpose. The Thoroughfare From Street ROW 50 ft.
Commercial District is designed especially to
encourage the functional grouping of these From Side Property Line None
commercial enterprises catering primarily to highway
travelers. From Side Property Line 15 ft.
When Contiguous to a
B. Uses. Residential District
1. Permitted Uses. From Back Property Line 20 ft
Unit 1 City-Wide Uses by Right D. Building Area. On any lot the area
" � occupied b all buildings shall not exceed 60% of the
Unrt4 Cnitinalandltecreattonal,Facilities P y g
total area of such lot.
Unit 12 Offices, Studios and Related Services
E. Height Regulations. In District C-2 any
Unit 13 Eating Places building which exceeds the height of 20 feet shall be
Unit 14 Hotel, Motel and Amusement set back from any boundary line of any residential
Facilities district a distance of one foot for each foot of height
in excess of 20 feet. No building shall exceed six
Unit 15 Neighborhood Shopping Goods stories or 75 feet in height.
Unit 16 Shopping Goods (Code 1991 , §160.036; Code 1965, App. A, Art.
5(VI); Ord. No. 1747, 6-29-89; Ord. No. 1833, 11-1-
Unit 17 Trades and Services 71 ; Ord. No. 2351 , 6-2-177; Ord. No. 2603, 2-19-80;
Ord. No. 4034, §§3,4, 4-15-97)
Unit 18 Gasoline Service Stations and Drive-
In Restaurants
Unit 19 Conunereial Recreation
Unit 20 Commercial Recreation, Large Sites
Unit 24 Outdoor Advertising
Unit 33 Adult Live Entertainment Club or Bar
2. Uses Permissible on Appeal to
the Plannine Commission,
Unit 2 City-Wide Uses by Conditional Use
Permit
Unit 3 Public Protection and Utility
Facilities
Unit 21 Warehousing and Wholesale
Unit 28 Center for Collecting Recyclable
Materials
Unit 32 Sexually Oriented Business
H:\USERACOMMOMDAWNMEPORTAPC\2-28-00viiles.wpd
February 21 , 2000
2810 Old Farmington Rd
Fayetteville AR 72704
Planning Commission
City of Fayetteville
113 West Mountain
Fayetteville AR 72701
RE: RZ 00-10.00 Rezoning (Stiles,pp 519)
Dear Commission Members:
As resident owners of adjacent A-1 property, we are opposed to the rezoning of the
referenced property from A-1 Agriculture to C-2 Thoroughfare Commercial.
This property at 2650 Old Farmington Road has limited access. Northbound, eastbound and
westbound traffic have to go by the way of 6`^ Street to One Mile Road to Old Farmington
Road. Old Farmington Road is narrow and without curbs and gutters and hardly qualifies as
a thoroughfare. One Mile Road is even narrower, barely allowing two cars to meet and
pass. Southbound traffic can only reach Old Farmington Road by Shiloh Drive. Shiloh Drive
is one way between Wedington Drive and 6`" Street. This area is residential except for the
motels along Shiloh Drive and the trucking operation at 2950 Old Farmington Road that is
zoned A-1
In addition to traffic consideration, the range of uses and structures permitted under the
C-2 zoning classification is very general and allows for undesirable businesses for our rather
quiet neighborhood.
Attached is a copy of an article from last weeks Arkansas Democrat-Gazette that describes
a type of business we do not want in our neighborhood.
We hope you will do the right thing for our area and deny this rezoning.
Sincerely,
Richard B & Patricia H Culver
Cc Planning Dept
City Council
too
Arlca = Demo= rA7(bazette
."posits r Dinner theatef .offers pizza, nude dancers
,des by rxsAssaanreoreEs5 adopted the adult entertainment
ligh oth- STRATFORD, Wis. — The oper- ordinance in December, but grant
ost also ator of a tavern featuring nude ed exceptions for performing arts' '
arks to dancing says het found a loophole centers, civic centers and dinner
onsult- to keep his business open despite theaters.
-rvices a new ordinance setting limits on At first, Lemke said he would
or the adult entertainment challenge the ordinance in court
arivate "rm a dinner theater," Bob Then he decided on his latest ap.
Lemke said "I serve pizza." proach ti
�C and His establishment just outside "rm not going to spend monei
;e was Stratford — formerly the Prime on a lawyer until they. make me i .
Little Time Saloon and then Teasers — the tavern owner said Monday.
ad was now has become Teasers Exotic So far, town Chairman Joseph
stimo- Dancer Dinner Theater. Kaiser said, there have been no
The . Cleveland . Town Board complaints.
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Mike Stiles - Zoning - Close Up
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