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Home My WebLink AboutOrdinance 4283 • OILED FOR RECORD ' 01 AN 11 Aft 8 30 WASHINGTON CO AR B. STAMPS ORDINANCE NO. 4283 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZOO-27 FOR A PARCEL CONTAINING APPROXIMATELY 0.80 ACRES LOCATED AT 1819 SOUTH SCHOOL SUBMITTED BY HILDA AND EDWARD HURTADO ON BEHALF OF DEWITT C. GOFF. 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 I- 1 , Heavy Commercial/Light Industrial District to C-2, Thoroughfare Commercial 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 19th day of December , 2000. f� APPROVED : ti '1 r By: Fred Hanna, Mayor ATTEST: By: Heather Woodruff, CityTTerk 2001 00301 NAME OF FILE: CROSS REFERENCE: Date Contents of File Initials -/�-o > � ��,<•� v� ;,ham 2Z-4 -01 ord . 4283 EXHIBIT A EXHIBIT "A" 4=M - 115,114 =M1EGA LEGAL DESCRIPTION FOR RZ00-27.00 i2cl� A PART OF THE SOUTHWEST QUARTER (SW%<) OF THE SOUTHEAST QUARTER (SEY<) OF SECTION 21 , TOWNSHIP 16 NORTH, RANGE 30 WEST, DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT WHICH IS 394.25 FEET EAST AND 114. 1 FEET SOUTH OF THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, AND RUNNING THENCE SOUTH 121 FEET, THENCE EAST 199 FEET, THENCE NORTH 8 °40' EAST 143 .5 FEET, THENCE SOUTH 84°29' WEST 219.8 FEET TO THE POINT OF BEGINNING. m x ca 2001003018 D 1, Betio Stamps, Circuit Clerk and br wwo Raeotdet for Washington County, Mkanses, do Nt%by per that this Instrument was Aled bt record In my OR" Indicated gg Indicated hereon and the same Is now duty rearded Inftthe RecordeBookMand pagend Mgokte ss indicated thereon. hand andlaft WITNESS seWHEREOF,lCourt o the data indi- cated hereon. Cif C�erk and Fx4fficlo Rewrder ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ 00-27 FOR A PARCEL CONTAINING APPROXIMATELY 0.80 ACRES LOCATED AT 1819 SOUTH SCHOOL SUBMITTED BY HILDA AND EDWARD HURTADO ON BEHALF OF DEWITT C. GOFF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the zone classification ofthe following described property is hereby changed as follows: From I- 1 , Heavy Commercial/Light Industrial Districtto C-2, Thoroughfare Commercial 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 EXHIBIT "A" LEGAL DESCRIPTION FOR RZ 00-27.00 A PART OF THE SOUTHWEST QUARTER (SW'/<) OF THE SOUTHEAST QUARTER (SE'/<) OF SECTION 21 , TOWNSHIP 16 NORTH, RANGE 30 WEST, DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT WHICH IS 394.25 FEET EAST AND 114. 1 FEET SOUTH OF THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, AND RUNNING THENCE SOUTH 121 FEET, THENCE EAST 199 FEET, THENCE NORTH 8°40' EAST 143 .5 FEET, THENCE SOUTH 84°29' WEST 219.8 FEET TO THE POINT OF BEGINNING. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Ae4 Telephone: (501 ) 575-8264 PLANNING DIVISION CORRESPONDENCE ��Rk TO: Fayetteville Planning Commission FROM: Tim Conklin, City Planner DATE: November 13, 2000 RZ 00-27.00: Rezoning (La Pachanga, pp 601) was submitted by Hilda and Edward Hurtado on behalf of Dewitt C. Goff for property located at 1819 S. School. The property is zoned I-1 , Heavy Commercial/Light Industrial and contains approximately 0.80 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: November 13, 2000 CITY COUNCIL ACTION: Required Yes (if recommended by PC) 'O Approved 0Denied Date: December 5, 2000 0" reading) Comments: H. I USERSI COMMOMDAWN 71 REPOR7SI PC I HuriadoRZ00-77,ivpd BACKGROUND: This site is currently developed with one nonresidential structure that has been used in the past as a bar. The applicant is requesting rezoning from I- I to C-2 in order to be able to apply for a conditional use for a dance hall. Dance halls are only allowed in C-2, C-3 , and C-4 zoning districts. Down zoning the property from I- 1 to C-2 will further restrict the uses of this property. The applicant has been advised that a conditional use must be approved for the dance hall. Staff is currently working with the applicant and owner to bring the existing parking lot more into compliance with current ordinances. The applicant is also aware that the occupancy load of the building will be controlled by the number of parking spaces provided. SURROUNDING LAND USE AND ZONING North: Railroad—Truck Sales just beyond; I- 1 South: Vacant land; 1- 1 Tackle Shop just beyond; I-2 East: Mitchell Oil; I-2 West: Vacant land; I-2 INFRASTRUCTURE: Streets: School Street is classified as a principal arterial on the City's Master Street Plan. Water: 8" drawing water from Mitchell oil possibly. Sewer: 5 F of 8"/320 + going north on school. LAND USE PLAN: General Plan 2020 designates this site as Community Commercial. Rezoning this property to C-2, Thoroughfare Commercial is consistent with the land use plan. FINDINGS OF THE STAFF I . 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 zoning is consistent with land use planning objectives, principles, and policies or with land use and zoning plans. H:I USERSICOMMOMDA WN7IREP0R7MPCIHurmdoRZ00-17.wpd 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is justified at this time and is consistent with the City's adopted plan for growth and development in this area. 3 . A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will not create or appreciably increase traffic danger and congestion. This site is currently developed and has been used for commercial uses in the past. 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 the population density in a manner which would undesirably increase the load on public services including schools, water, and sewer facilities. 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 HAUSERSICOMMOMDA WN7IREPORMPCWunadoRZ00-77. mpd Planning Commission November 13, 2000 Page 5 RZ 00-27.00: Rezoning (La Pachanga, pp 601) was submitted by Hilda and Edward Hurtado on behalf of Dewitt C. Goff for property located at 1819 S. School. The property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 0.80 acres. The request is to rezone to C-2, Thoroughfare Commercial. Odom: The next item that we have on tonight's agenda is RZ 00-27.00 which is another rezoning, submitted by Hilda and Edward Hurtado on behalf of Dewitt C. Goff for Z� property located at 1819 S. School. The property is zoned I-1 , Heavy Commercial/Light Industrial and contains approximately 0.80 acres. The request is to rezone to C-2, Thoroughfare Commercial. Staff's recommendation is for approval of the request of rezoning based on the findings as included as a part of their report. Staff anything further with regard to your report? Conklin: Nothing further. Odom: I'll ask the applicant to please come forward at this time. Hurtado: Hi. I'm Edward Thomas Hurtado. Odom: Do you have any presentation that you would like to make or any comments? Hurtado: No. I just hope you guys approve it. PUBLIC DISCUSSION: Odom: What we will do is ask if there is any member of the audience and ask if there is questions of us-for you._So, right now is there any member of the audience that would like to address us on this rezoning request? Seeing none, I will close the floor to public discussion. COMMISSION DISCUSSION: -Odom: -- I 'll bring it back to the Planning Commission for questions and comments of the applicant. MOTION: Ward: I 'll go ahead and since we have no one seems to be against it here, I'll go ahead and recommend approval of RZ 00-27.00 for rezoning of this property. This should have RZ00 - 27 La Pachan a Close U a I-1 0 O 1_� -1 O I Subject Properl 0 1-1 I-1 I-1 I-1 O 1-1 I-1 fl C-2 C-1 R-2 C-2 C ❑ �O o � N Streets l� Zoning District Railroad.shp 200 0 200 400 Feet aster Street ClassificationsW E COLLECTOR VV FREEWAYIEXPRESSWAY MINOR ARTERIAL S N PRINCIPAL ARTERIAL � Stnxdures (1998) Rz00-27.shp LSOOmmal � Mile I • I I • I • Radius Prope r I _ l0� Ir - 1 _ w gal 14 Low Ma �) i