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HomeMy WebLinkAboutOrdinance 4245 FILED FOR RECORD ' 00 APR 26 AIS 8 32 WASHINGTON CO AR ORDINANCE NO. 4245 K. HARNESS AN ORDINANCE REZONING THAT PROPERTYDESCRIBED IN REZONING PETITION RZ00- 11 .00, FOR A PARCEL CONTAINING APPROXIMATELY 4.02 ACRES, LOCATED AT 2300 CATO SPRINGS ROAD, AS REQUESTED BY RONALD G. WOODRUFF, ON BEHALF OF THE JOYCE M. OGDEN FAMILY TRUST. 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: RZ00- 11 .00 for the real property described in Exhibit "A" attached hereto and made a part hereof. From R-2, Medium Density Residential to C-2, Thoroughfare Commercial. 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 18'" day of April 2000. APPROV&4n By: - Fred Hanna, Mayor ATTEST / By ig Heather Woodruff, Cityerk 4245 - ord .u • • • • EXHIBIT A EXHIBIT "A" Legal Description for RZ00- 11 .00 e A4!9'& Dfs A part of the NW 1/4 of the NE 1/4 of Section 29, Township 16 North, Range 30 West of the Fifth Principal Meridian, being more particularly described as follows: commence at the southwest corner of the NW 1/4 of the NE 1/4 of said Section 29; thence S 86°37'38" E 703 .93 feet to the point of beginning and run thence N 2035' 15" E 563.56 feet; thence S 87°23'09" E 310.00 feet; thence S 2°35'15" W 567.66 feet; thence N 86°37'38" W 310.03 feet to the point of beginning and containing 4.02 acres, more or less, Washington County, Arkansas. M 2 2000032071 t�4f�80 Hong; @I(dal4 @I & eH8 Ez OWS H �(�.��{iw &@3 HA F@EY ft of_olov It r rptAf �n my he PP and the 8dine 1{ pow duly T t a� .ngwi®d@emeht ono &ertigcete t. d �3R NRd Ri@a ae indieatedThereon. �pl I , 66 Yt�le�33��, I hp@ h@npunto set my kipp, , ory�i 00.lhlp g9a1 ©f §aid G@un on the date tndi- or.W,�l�s�{egfl, Kr+ri�n i{nmg CtIG I fi4� =41F �F,Hri� � NAME OF FILE: CROSS REFERENCE: Date Contents of File Initials 8 -Do � 4 9,77 d ' 7/ • 0 • ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ00- 11 .00 FOR A PARCEL CONTAINING APPROXIMATELY 4.02 ACRES LOCATED AT 2300 CATO SPRINGS ROAD AS REQUESTED BY RONALD G. WOODRUFF ON BEHALF OF THE JOYCE M. OGDEN FAMILY TRUST. 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: RZ00- 11 .00 for the real property described in Exhibit "A" attached hereto and made a part hereof. From R-2 Medium Density Residential to C-2, Thoroughfare Commercial . Section 2: That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section above. PASSED AND APPROVED this day of 12000. APPROVED: By Fred Hanna, Mayor ATTEST: By Heather Woodruff, City Clerk EXHIBIT "A" A part of the NW 1/4 of the NE 1/4 of section 29, township 16 north, range 30 west of the fifth principal meridian, being more particularly described as follows: commence at the southwest corner of the NW 1/4 of the NE 1/4 of said section 29; thence S 8603738 " E 703 .93 feet to the point of beginning and run thence N 2 °35' 15 " E 563.56 feet; thence S 87 °23'09" E 310.00 feet; thence S 2 ° 35' 15" W 567.66 feet; thence N 86 ° 37'38" W 310.03 feet to the point of beginning and containing 4.02 acres, more or less, Washington County, Arkansas. 00 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 575-8264 PLANNING DIVISION CORRESPONDENCE PIHAAI �zt/l TO: Fayetteville Planning Commission eo FROM: Dawn T. Warrick, Associate Planner THRU: Tim Conklin, City Planner DATE: March 13, 2000 RZ 00-11.00: Rezoning (Ogden, pp 638) was submitted by Ronald G. Woodruff, Attorney on behalf of Joyce M. Ogden Family Trust for property located at 2300 Cato Springs Road. The property is zoned R-2, Medium Density Residential and contains approximately 4.02 acres. The request is to rezone 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: March 13. 2000 CITY .COUNCIL, ACTION*- Required YES O Approved , " O Denied Date: Comments: H:\USERS\COMMOMDAWA7\REPORTS\PC\3-13-00\ogden.wpd BACKGROUND: On October 28, 1996 the applicant requested that the Planning Commission rezone this property along with the adjacent 6. 17 acres (a total of 10. 19 acres) to C-2, Thoroughfare Commercial. At that time, the request was denied (see attached minutes). Later, the applicant revised the request and resubmitted a rezoning application for only the 6. 17 acres closest to the by-pass. On December 2, 1996, the Planning Commission voted 6- 1 -0 to rezone the 6. 17 acres from R-2, Medium Density Residential to C-2, Thoroughfare Commercial. A Bill of Assurance offered by the applicant at the time was also accepted by the Commission which stated that the entire 6. 17 acres would be subject to the requirements of the Design Overlay District (see attached minutes). The City Council approved this amended request with a vote of 8-0-0 on the third reading of the rezoning ordinance on January 21 , 1997. At this time, the applicant is requesting that the 4.02 acres which was removed from the original rezoning request be zoned C-2, Thoroughfare Commercial. At this time the property is zoned R- 2, Medium Density Residential. This property is bound on the north and east by City of Fayetteville property. This is the site of the Water & Sewer Operations Center. The property is currently zoned R-2, however a request has been approved by the Planning Commission and is before City Council at this time to rezone this City property I- 1 , Heavy Commercial / Light Industrial. On the south and west, the subject . property adjoins C-2 property which is largely undeveloped. The property immediately south of this tract (approximately 12.44 acres) was rezoned from R-2 to C-2 in 1997. SURROUNDING LAND USE AND ZONING North: City of Fayetteville Water & Sewer Operations Center (R-2 / rezoning to I- 1 at City Council currently) South: Single family home (C-2) East: City of Fayetteville Water & Sewer Operations Center (R-2 / rezoning to I- 1 at City Council currently) West: Single family home (C-2) INFRASTRUCTURE: Streets: Access to this property is along a private drive and along Treat Street, from Razorback Road which is classified as a principal arterial on the Master Street Plan requiring a total of 110' of right of way. HAUSERACOMMOMDAWMVtEPORTSPC\3-13-OOAogden.wpd 00 Water: 24" line along Treat Street (south boundary) Sewer: Not available. Owner will be responsible for extending sewer to this location at the time of development. 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. Finding: The proposed rezoning to C-2, is consistent with the City's General Plan 2020. The area of Cato Springs Road Y Razorback Road is designated in the General Plan as a regional commercial center into which new regional development should be directed. 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 only justified in that it is consistent with the City's adopted General Plan 2020. 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 population density at this location. 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; H:\USERSCOMMOMDA WN7\REPORTS\PC\3-13-00\ogden.wpd Joe 0 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 §161.14 DISTRICT C-2 THOROUGH-FARE Unit 2 City-Wide Uses by Conditional Use COMMERCIAL. Permit A. Purpose. The Thoroughfare Unit 3 Public Protection and Utility Commercial District is designed especially to Facilities encourage the functional grouping of these commercial enterprises catering primarily to highway. Unit 21 Warehousing and Wholesale travelers. Unit 28 Center for Collecting Recyclable B. Uses. Materials 1. Permitted Uses. Unit 32 Sexually Oriented Business Unit 1 City-Wide Uses by Right C. Bulk and Area Regulations. Setback Unit 4 Cultural and Recreational Facilities lines shall meet the following minimum re uirements: Unit 12 Offices, Studios and Related Services From Street ROW 50 ft. Unit 13 Eating Places From Side Property Line None Unit 14 Hotel, Motel and Amusement From Side Property Line 15 ft. Facilities When Contiguous to a Unit 15 Neighborhood Shopping Goods Residential District Unit 16 Shopping tog Goods From Back Property Line 20 ft. Unit 17 Trades and Services D. Building Area. On any lot the area occupied by all buildings shall not exceed 60% of the Unit 18 Gasoline Service Stations and Drive- total area of such lot. In Restaurants Unit 19 Commercial Recreation E. Height Regulations. In District C-2 any building which exceeds the height of 20 feet shall be Unit 20 Commercial Recreation, Large Sites set back from any boundary line of any residential district a distance of one foot for each foot of height Unit 24 Outdoor Advertising in excess of 20 feet. No building shall exceed six stories or 75 feet in height. Unit 33 Adult Live Entertainment Club or Bar (Code 1991 , § 160.036; Code 1965, App. A, Art. 5(VI); Ord. No. 1747, 6-29-89; Ord. No. 1833, 11 -1 - 2. Uses Permissible on Appeal to 71 ; Ord. No. 2351 , 6-2-177; Ord. No. 2603, 2-19-80; the Planning Commission. Ord. No. 4034, §§3,4, 4-15-97) H:\USERACOMMOMDAWM\REPORTS�PC\B-!3-00\ogd en.wpd Description of Request Joyce M. Ogden Family Trust is the owner of the property. Joyce Ogden is a co-trustee and lives on the site. Joyce's son, Earl L. Ogden, Jr. is a co-trustee and a secondary beneficiary along with his two sons. There is no pending or proposed sale of the property. The extension of Razorback Road in 1996 to the 1540 ramp makes the property a prime location for commercial development and use. The property could be used for a hotel, motel, restaurant, fuel sales, and other accommodations and services for local and traveling public. In late 1996 "Tract A" (see Plat of Survey) containing 6. 17 acres was rezoned from R-2 to C-2. During that process, "Tract B" (the land now sought to be rezoned to C-2) was withdrawn from the original Petition primarily because the City of Fayetteville was negotiating the sale of the property adjoining Tract B on the North and East to third parties for construction of a large apartment complex. The City lost its buyer and now has pending a Petition to rezone it's land back to C-2. Assuming the City is successful in its efforts to rezone its 19+ acres back to C-2, Ogden' s Tract B is to be an isolated 4 acre tract of R-2 surrounded on three sides by commercial zoning. The increase traffic flow stimulated by the Razorback/Cato Springs Road connection to 1540 and the surrounding C-2 zoning has rendered Tract B no longer suitable for residential use. It is anticipated that given the nature and market value of Tract B, the appearance of any building constructed for commercial use would be attractive and appropriate. According to City maps a 24" water line is available to serve the City. Currently, the sewer line terminates at the City Operation Center on Cato Springs Road which lays adjacent and North of "Tract B". ,nzv, J, C) � � z Z 2 \ Ci DTI Oz0 Z cam, C, (No Z W a co rJ'i A N OD N rn NLT; NJ W of 0) n O c (., nl nl �Cv U' m 00 ti, 'moo tiw S 02 31 ' 05" E _ - - - - - 1 - - - - cps oar1288. 99 ' - - - - - - - - - - - - - - - f7 - - - - - - r� '� i0 = D m c � - = (,F) Dv, % "> 2 mg* Z C) O Zi Zq O rn A \ .cvG' (b�' ti C) X D m r,, m �v� .A ti m z co Lil) in 2 C-) m m _ m 10 m V: m D \ ' A -N-i D Cn � (/� OD (!, Oo + D r : Zmm \ m r _ � s oG) D z I n w _ N C c(On D V . 000 D Nei o = O , OO D M Lil � mvzu N O W V o C D OJ U W Oo N (n m x r D c M CID N � m JUl Z7 . 9S C9S nr jN zo II n N < n \ M „St , S �'. 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