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HomeMy WebLinkAboutOrdinance 4246 FILED FOR RECORD ' 00 f IflY 8 Pn 2 03 4246 WASHINGTON CO AR ORDINANCE NO._ K . HARNESS AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ 00- 13 .00 FOR A PARCEL CONTAINING APPROXIMATELY 0.77 ACRES LOCATED AT 1020 HAROLD STREET REQUESTED BY CHARLES VENABLE, PUBLIC WORKS DIRECTOR 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- 1 , Low Density Residential District to R-O, Residential Office District 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 2nd day of May , 2000. APPROVED: By: Fr d Hanna, Mayor ATTEST: By: Hoather Woodruff, City C1eiR 20W& j 1303 • ord . 4246 EXHIBIT A exN EXHIBIT "A" e� �6sc LEGAL DESCRIPTION FOR RZ 00- 13 .00 Lots 6 and 7 of the Maple Crest Addition to the City of Fayetteville, Arkansas, as per plat of said Addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. m X 2 W 3630 * Left h aon + 1 o e . Q & lg offbe as.inakated hereon and thi semels ow mAlipmv dul nlaa recorded with the aclol wied90MOnt and A� 1 thereon In Record Book and Pep® A® IndioAtP4;. t�0 IN WITNESS WHEREOF, I have horeytil��p Ep? hand and affixed the seal of said COUA On 1how,64 in cated hereon. Knthl Harness Girc it lerk and ExAflic{o aeoord9r NAME OF FILE: CROSS REFERENCE: Date Contents of File Initials J ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ 00- 13 .00 FOR A PARCEL CONTAINING APPROXIMATELY 0.77 ACRES LOCATED AT 1020 HAROLD STREET REQUESTED BY CHARLES VENABLE, PUBLIC WORKS DIRECTOR 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- 1 , Low Density Residential District to R-O, Residential Office District 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 day of , 2000. APPROVED: By: Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City Clerk • . - • � 'tel � • . . . • _ FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113W. Mountain St. P�A� Fayetteville, AR 72701 (b- rt (501 ) 575-8264 cb-r PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM : Dawn T. Warrick, Associate Planner THRU: Tim Conklin, City Planner DATE: March 27, 2000 RZ 00-13.00: Rezoning (City of Fayetteville Fire Station, pp 213) was submitted by Charles Venable on behalf of the City of Fayetteville for property located at 1020 Harold Street. The property is zoned R- 1 , Low Density Residential and contains approximately 0.77 acres. The request is to change the zone to C- 1 , Neighborhood 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 27, 2000 CITY COUNCIL 'ACTION: Required; YES O. Approved O Denied v Date: Comments: HAUSERACOMMOMDA WN7VtEPORTAPC\.3-27-00\ciryoffay.wpd BACKGROUND: The City of Fayetteville is requesting that this property be rezoned. At this time, the fire station located here is vacant. A new station has been constructed and is in operation on Plainview Ave. which replaces this older station. Surrounding land uses include both residential and commercial as noted below. A designation of C- 1 , Neighborhood Commercial would enable this location to redevelop as a use that would serve the surrounding residential areas and also fit in with the commercial uses to the south and the west. SURROUNDING LAND USE AND ZONING North: Single family home (R- 1 ) South: Market Court Development (C-2) East: Single family home (R- 1 ) West: Saturn Car Dealership (C-2) INFRASTRUCTURE: Streets: Harold Street to the south intersects College Ave. on the west within approximately one block of this site. To the east, Harold Street intersects Stubblefield Rd. which extends to Old Missouri Rd. Harold / Stubblefield is classified as a collector on the Master Street Plan requiring a total of 70' of right of way. Water: 2" line along Harold St. (south) and Lee St. (east) Sewer: 10" line along Harold St. (south) and 8 " line along Lee St. (east) LAND USE PLAN: General Plan 2020 designates this site Community Commercial. Rezoning this property to C- 1 , Neighborhood 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 is consistent with the land use plan which designates H:\USER.ACOMMOMDA WN7VlEPORTS\PL\3-27-W�iryoffay.wpd this area as Community 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 since the fire station has ceased operation and the building is currently available for redevelopment. 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. The location of this property provides easy access to College Ave., a principal arterial, as well as Harold Street, a master street plan collector street. 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 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 HAUSERSCOMMOMDAWMVZEPORTS\PA3-27-00\ciryaffay.ivpd § 161.13 DISTRICT C-1 NEIGHBOR- From Street ROW 50 ft. HOOD COMMERCIAL. From Side Property Line None A. Purpose. The Neighborhood Commercial District is designed primarily to From Side Property Line 10 ft. provide convenience goods and personal When Contiguous to a services for persons living in the Residential District surrounding residential areas. From Back Property Line 20 ft. D. Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. B. Uses. 1 . Permitted Uses. E. Height Regulations. There shall be no maximum height limits in C- 1. Unit 1 City-Wide Uses by Right District, provided, however, that any building which exceeds the height of ten feet Unit 12 Offices, Studios and Related shall be set back from any boundary line of Services any residential district a distance of one foot Unit 13 Eating Places for each foot of height in excess of ten feet. Unit 15 Neighborhood Shopping (Code 1991 , § 160.035 ; Code 1965 , App. A, Unit 18 Gasoline Service Stations and Art . 5(V); Ord. No. 1747, 6-29-89 ; Ord. No. Drive-In Restaurants 2603, 2- 19-80) Unit 25 Professional Offices 2. Uses Permissible on Appeal to the Planning Commission. Unit 2 City-Wide Uses by Conditional Use Permit Unit 3 Public Protection and Utility Facilities Unit 4 Cultural and Recreational Facilities C. Bulk and Area Regulations/Setbacks. Setback lines shall meet the following minimum requirements: HAUSERMOMM OMDA WMVtEPORTSPC\3-27-OO�ci ryoffay-wpd RZ00- 13. 00 - City of Fayetteville - Close Up R-1 R-1 I R-1 R-1 R-1 R-1 IC-2j R_1 R-1 R-1 -2 R-1 - R-1 R-1 R-1 R-1 R-1 w G2 R-0 R-1 R-1 R-1 G2 J z [ 0 G2 G2 R-0 R1 R1 R1 I of z G2 R-0 R-1 R-1 R-1 BERTHA G2 R_1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-0 C-2 w I .1 J I R-1 R-1 R-1 R 1 R 1 I R'1 R 1 R-1 R-1 G2 HAROLD R-0 R-0 R_1 G2 R-0 R-0R-0 R-1 >- R- w x G2 G2 R-1 a' LR- R-1 R- R-1 I R-0 R- R-1 - FR R-1 N 200 0 200 Feet E S RZ00A 3 . 00 - City of Fayetteville - One Mile Diameter x � RiDG m p � O E11'O D MARY f ` m EARNS I STEARNS PARK LAK � l C-2 PAR ORE w 2 I Al r R-0 G7 R-0 o ( IY LL R-0 G2 Z R-0 I G2 1 JOYCE R- / I VAN ASCHE 1 � I R-0 A-1 BAIN 11 R-2 R-2 1 Art R-1 G2 TINGAL �OA-,,y _ a G2 R-1 . Gz 5H1�OH MILLS R-1 T1g G2 = w W N\GN`f1Py FU'LRALL ' R-0 z m A-1 G2 k R-7 EEN z R-1 � pp pp G2 ALICE rn M L;HIV R-1 R-0 F4 G2 DEV NSHI ELAINE A Al R-1 LONGVIEW R-1 w S w ¢ ¢ = THORNHI R-1 z H G2 E NRAY LONGVIEW R-7 m R-1 w R-0R 1 Q FLINT Rq-1 BERTHA AU LIMNK R-1 R-1 DEER CREEK Y/ R-0 HAROLD R-1 u A-i BRIARCLIFF F CREEK APPLEBY G2 BUTT NU7 MARGARE p SHAN R-0 R-1CORTLAND ERROL R-1 h1 R-1 QUAIL CREEK -2 S R-2 I- 1 w > G2 z R-1 ETON i P < R-1 w RWI ECR EK 3 R_2 L-J U R R-2 R 1 X FURMA P-1 z R- NE p R-1 = BISHOP R-0 R-1 ROLLING HILLS �PO OG LEN y U N a i �' Rl R-1 BONNN OAKCLIFF R-1 R-1.5 z R-2 -2 IMO A G2 E R-1 osEwuNr ;cn 9(� -LA R-1 R 1 1 0 �'P O Q EVER EEN R-1 R- Q?y ' OAKs M O �\ UIESTA GUST ry SH a! ��� ERYL R w ,n,R-1 R-2 O FO YTHI R-0 p m wl p -1. 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Planning Commission Minutes March 27, 2000 Page 25 RZ00-13: REZONING CITY OF FAYETTEVILLE FIRE STATION, PP213 This item was submitted by Charles Venable on behalf of the City of Fayetteville for property located at 1020 Harold Street. The property is zoned R-1, Low Density Residential and contains approximately 0.77 acres. The request is to rezone to C-1, Neighborhood Commercial. Staff Recommendation Staff recommends approval of the requested rezoning based on the findings included a part of the staff report. Commission Discussion Johnson: This is the City's former fire station located just off of North College on Harold Street. It is by the Saturn car dealership there east of Business 71. Conklin: This is the site of the fire station which was relocated to a new facility on Plainview Dr. It contains .77 acres. It's currently developed with the fire station and is vacant. To the west is the Saturn car dealership. To the east, is a single family home and to the south the Market Court development. That is were Atlanta Bread Company is located. To the north is a single family home zoned R- 1. On the Planning Commission tour, you did request who the property owner to the north was and according to the county tax recorders, that is owned by Jim Wheeler. Mr. Wheeler also appears to have some interest in the Saturn car dealership. This is being requested by the City. We're trying to sell the fire station and it's really not a residential type structure on the property and a commercial use would be more appropriate. It is consist with our 2020 General Plan and we are recommending approval. Public Comment Janet Gallman-Ricker, residing at 3255 Lee Avenue was present. Gallman-Ricker: My husband and I reside at lot 4 and the north part of lot 5. I need two points of clarification. At one point there was confusion regarding the ownership of lot 5 and tonight you have said that it is Jim Bob Wheeler's or his trust's property. This rezoning request does or does not include lot 5 or the south 75 feet of it? Conklin: It does not include lot 5. The City of Fayetteville sold that property in 1985. Planning Commission Minutes March 27, 2000 Page 26 Gallman-Ricker: Dawn, have there been any additions or changes to your report since we discussed it in your office? Warrick: No. Gallman-Ricker: That area out there is residential. My appeal to you tonight is don't rezone this property C-1. There are limited neighborhood commercial uses which can be allowed to an applicant as a conditional use on appeal in an R-1 district. The reason why you should do that is the residents need protection. We need the lighting shielded. It's one thing to look at the firemen playing basketball or horseshoes and it's another thing to have a used car dealership outside your kitchen window. By rezoning, you cannot put as many conditions upon it if it's zoned C-1. There are conditions that need to be imposed upon the use of that property since it is contiguous to residential on two sides. Harold Street is referred to as a collector street. I do believe there are back sides of buildings facing Harold Street. For example, the rental business and the dry cleaners. Those building backs face Harold Street and there is no screening. We are not policing the limited commercial uses that are there. Don't give the City carte blanche to have C -I without being able to attach to it the proper limitations. I don't have a problem with neighborhood commercial in a residential district if the people are willing to be considerate of the residents of the neighborhood. You're going to have a tree problem on that lot. Those trees are greater than 24 inches in diameter. It was fortuitous that I was present for the previous discussion of rare and landmark trees. There are 75 lots in that residential subdivision. There are protective covenants that prohibit anything but residential structures. Those covenants are still in effect and have not been changed. The City has ceased to use the property as a nonresidential structure. I submit that this request is improper because the City has city-wide uses by right in any zone. There is no reason for the City to rezone this property. Their motivation is monetary. If that is a legitimate reason, I don't think the end justifies the means. Why doesn't the City explore other and better uses for that property. I want to hear the same kinds of things as I heard on the tree preservation issue. It's the residents that generate the sales tax dollars, vote for elected officials and also help run the city. We need consideration of the residents. That structure couldn't be altered to meet the protective covenants. This board is merely recommending zoning. I will be present for the meeting of the City Council. I want to give my appreciation for the work that you as volunteers do and for staff's assistance. 2AYETTEV*LftE. • ' Cy41 THE CITY OF FAYETTEVILLE. ARKANSAS ErCILHC DEPARTMENTAL CORRESPONDENCE ,Sze — Cffl MEMORANDUM DATE: October 7, 1993 TO: Kevin Crosson, Director of Public Works /_ v FROM: Ed Connell, Land Agent SUBJECT: Wheeler Motor Company Replacement Warranty Deed Part of Lot No. 5, Maple Crest Addition On April 8, 1963, the City purchased three lots in the Maple Crest Addition (on Harold Street, off of North Hwy. 71) from Jerry J. Simpson. In 1964, Fire Station #4 was built at this location. Construction of the Fire Station only utilized two (Lots 6 and 7) of the three lots (5, 6, & 7) purchased and the City took bids on the sale of Lot #5. Wheeler Motor Company was the successful bidder, was issued a Deed and bought the City owned part of Lot #5. Please see proof of purchase attached. Mr. Wheeler did not record that original deed, has now misplaced it and is requesting a replacement deed be issued by the City. Thanks to a lot of effort on the part of Gina Roberts in microfilm, we were able to come up with 1) Council minutes approving sale and 2) copies of receipt of payment by Wheeler. Further investigation indicates that: 1) County records still show Lot 5 (South 75') as being owned by the City of Fayetteville. 2) Lot 5 (South 75') has been tax exempt since 1964. 3) Wheeler has not paid any taxes on this property since he purchased it in 1967. We believe it proper to issue a replacement Warranty Deed to Wheeler Motor Company on this property, however, our transmittal to Mr. Wheeler should clearly state that Wheeler Motor Company shall be responsibility for the following: a) The purchase of all Revenue Stamps associated with the transaction, and b) All taxes, if any, since 1967 or currently due. If you have any comments or questions, please give me a call at 415. EDC/kd Attachment WARRANPS1-DEE& MUNICIPAL C ORATION t. • BE IT KNOWN BY THESE PRESENTS: THAT the CITY OF FAYETTEVILLE, ARKANSAS, a municipal corpor- ation, hereinafter called GRANTOR, for and in consideration of the sum of Twelve Hundred Sixty Dollars ($1,260.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto WHEELER MOTOR COMPANY, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following described land, situate in Washington County, State of Arkansas, to -wit: I. Lot number Five (5) of Maple Crest Addition to the City of Fayetteville, Arkansas, as per plat of said Addition on file in of the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, LESS AND EXCEPT five (5) feel of equal and uniform width off the North side of said Lot Number Five (5). TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And the said Grantor, hereby covenants that it is lawfully seized of said lands and premises; that the same is unincumbered, and that the Grantor will forever warrant and defend the title to the said lands against all legal claims whatever. WITNESS our hands and seals on this BY: ATTEST: Sherry Thomas, City Clerk day of CITY OF FAYETTEVILLE Hanna, Mayor ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON (Seal) 199_ BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, within and for the County and State aforesaid, duly commissioned and acting, personally appeared, Fred Hanna and Sherry Thomas to me well known, who stated that they are the Mayor and City Clerk of the City of FayettevilleArkansas , a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES: 199 Notary Public APR 0 4 2000 STAFF REVIEW FORM _Y Ala Request •F Y ontract Review Grant Review For the Fayetteville City Council meeting of April 18, 2000. FROM: Tim Conklin Name Planning Division Public Works Department ACTION REQUESTED: To approve an ordinance for RZ 00-13.00 submitted by Charles Venable on behalf of the City of Fayetteville for property located at 1020 Harold Street. The property is zoned R-1, Low Density Residential and contains approximately 0.77 acres. The request is to rezone to R -O, Residential Office. COST TO CITY: Cost of this request Category/Project Budget Category/Project Name Account Number Funds used to date Program Name Project Number Remaining balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Ac unt M ger 4aterate ADA Coordinator Date City Attorjf2y - T Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION: Staff recommended approval of C-1, Neighborhood Commercial, the original rezoning request. Planning Commission voted 7-2-0 to recommend that the property be rezoned R -O, Residential Office and to forward the rezoning to the City Council. Cross Reference llinsion He Date a nt"pirector i4t New Item: Yes No min' ati a Services Zte e Prev Ord/Res#: Dire r dD May r Orig Contract Date: PoR FAYETTE%� LLE • THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Charles Venable, Public Works Director From: Heather Woodruff, City Clerk Date: May 8, 2000 Attached is a copy of the ordinance rezoning property located at 1020 Harold Street. The original will be filed at the County, then microfilmed and filed with the City Clerk. cc: Tim Conklin, Planning Tony Webb, Planning Clyde Randall, Engineering Ed Connell, Engineering P2 •• RECEIVED • STATE OF ARKANSAS $111MAY 16 2000 County of Washington S. ACCTG. DEPT AN ORDINANct TI THAT PROPERTY BED IN REZONING RZ 00-13.00 FOR CONTAINING APPF LY 0.77 ACRES LO )ITY OF FAYETI tV ILLM. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Cwq'on 1. That the zone classi- fication of the following descri- bed property hereby changed as follows: From R-1, Low Density Resi- dential District to R -O, Residen- tial Office District for the real property described in Exhibit "A" attached hereto and made a part hereof. . ecton 2. That the official zon- ing map of the City of Fayette- ville. Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED AND APPROVED this 2nd day of May, 2000. APPROVED: By: Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBIT "A" LEGAL DESCRIPTION CRIPI N FOR DE00-13.00 Lots 6 and 7 of the Maple Crest Addition to the City of Fayette- ville, Arkansas, as per plat of said Addition on file in the office 01 the Circuit Clerk and Ex -Offi- cio Recorder of Washington County, Arkansas. I, JEFF JEFFUS, hereby certify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at fixed (daily) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes in the City and County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service value it contains, that at least fifty percent of the subscribers thereto have paid for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months and that the said newspaper publishes an average of more than forty percent news matter. I further certify that the legal notice attached in the matter of nm, nrg& nai. was published in the regular daily issue of said newspaper for consecutive insertions as follows: The first insertion on the 1 day of 20 the second insertion on the the third insertion on the the fourth insertion on the Sworn to and subscribed before My Commission Expires: Fees for Printing ............................ Cost of Proof..................................... Total................................... day of 20 — pubyc,StareofAtkm= 15 Notary Public .................$ .................$ r PA H Latrx and aeelgns, the following aescaaea Lana, situate in— — — — I L; ." R" -- I JI ., I I 1 1 I • • • 11 1 1 1 • 1 1 1•I1 • '// � � 11 • I • •I' 1 1' • • • I I 1 11 1 V,' L/ 1 • • • •1 1 • • • • j FtJl� 1 ♦ •