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�
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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.
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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
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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 —
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