HomeMy WebLinkAboutOrdinance 4283 • OILED FOR RECORD
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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.
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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
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Planning Commission
November 13, 2000
Page 6
probably been zoned C-2 already. I guess this goes on to the City Council?
Odom: Actually if it's approves here tonight it goes to the Florida Election Commission and
good luck there.
Hoffman: I will second. Regardless of who it goes to I would like to see redevelopment on the
south side of town.
Odom: - We have a motion by Commissioner Ward and second by Commission Hoffman for
this rezoning request.
Marr: Maybe Tim wants to address this. Does it not require a Conditional Use if we are
dancing?
Conklin: —That-is-correct,-the-applicant does -plan to bring forward a Conditional Use request.
They have not brought that forward this evening because the property is zoned I -I. It
requires C-2, C-3 or C-4 zoning for a dance hall Conditional Use permit. Once this
goes to City Council and is approved, I will have them apply for the Conditional Use. I
have been working with the applicant and the property owner to bring up their existing
non -conforming parking lot closer into compliance with our current standards. The
owner of the property also has been working with our Inspections Division to provide
ADA accessible bathrooms and parking and access into the building, so they have been
working on this building to bring it up to code. We'll see this again probably into
December or the first of next year.
Hoffman: With my second I want to make clear that the rezoning is just that and that when they
come back -with -the Conditional Use -that -this -zoning only require the approval of the
dancing and not for a bar or alcohol sales.
Conklin: Under C-2 zoning you can have a tavern or bar. They do plan on serving alcohol in this
facility. This is for a dance hall. As far as I understand what they are proposing to do,
it's not going to have anything to do with an adult oriented business or sexually oriented
business so it will be strictly dancing, latino dancing is my understanding.
Hoffman: Do the flamingo. Thank you very much
Odom: Commissioner Man, anything else?
Man: No.
_•
Planning Commission
November 13, 2000
Page 7
Odom: Call the roll.
ROLL CALL:
Upon roll call RZ 00-27.00 is forwarded to City Council on a unanimous vote of 9-0-0.
0 STAFF REVIEW FORM •
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of December 5, 2000
FROM:
Tim Conklin Planning Public Works
Name Division Department
ACTION REQUIRED: To approve an ordinance for RZ 00-27.00, submitted by Hilda and Edward Hurtado, on behalf
of Dewitt C. Goff for property located at 1819 South School. The property is zoned I -1, Heavy CommerciaWLight Industrial
and contains approximately 0.80 acres. The request is to rezone to C-2, Thoroughfare Commercial.
COST TO CITY:
$0.00
Cost of this Request
Account Number
Project Number
BUDGET REVIEW:
Category/Project Budget Category/Project Name
Re
Funds Used To Date
Remaining Balance
Program Name
Fund
Budgeted Item Budget Adjustment Attached
Budget Manager Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
:3a
ana er Date
J/•Z� Do
City Attorn y Date
Purchasing Officer Date
Internal Auditor
ADA Coordinator
Date
Date
STAFF RECOMMENDATION: Staff recommended approval and on November 13, 2000, the Planning Commission
voted 9-0-0 to recommend approval and forward the rezoning to the City Council.
Date
If -to —
ate
// e
///
Date
Cross Reference
New Item: Yes
Prev Ord/Res #:
Orig Contract Date:
Orig Contract Number
FAYETTEVILLE
THE CITY OF FAYETTEVI LE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, Planning Director
From: Heather Woodruff, City Clerk
Date: January 2, 2001
Attached is a copy of the ordinance approving rezoning request RZ 00-27. The original will be
microfilmed and filed with the City Clerk.
cc: John Goddard, Information Technology //Clyde Randall, Information Technology
Scott Caldwell, Information Technology
Ed Connell, Engineering
i/' t f l i i 1 1. i 1
i r
Arkansas
AFFIDAVIT OF PUBLICATION
azette RECEIVEL
I, n do solemnly swear
that I am e (J �' I�C�LC of the Arkansas
Democrat -Gazette Newspaper, printed and p lished at Lowell,
Arkansas and that from my own personal knowledge and
reference to the files of said publication the advertisement of
�hduar�cciVo4 s
Was inserted in the regular editions on
l3, JCdl
Publication Charge t q %, 36
Purchase Order #
Subscribed and sworn to before me this
day of , 2001.
Notary Public
My commission expires x'/20
OFFICIAL SEAL
CAROLYN COAKLEY
Notary Public - Arkansas
Washington County
JAN 19 2001
CCTTGG, DEP i
ORDINANCE NO. 4283
• An Ordinance rezoning that property
described in rezoning petition RZ00-27
for a parcel containing approximately
0.80 acres located at 1819 South
Sdaol submitted by Hilda and Edward
Hunado on behalf 01 Dewitt C. Goff.
Be it ordained by the City Council of the
City of Fayenew1le, Arkansas:
Section 1. Thal the zone classification
of the following described property is
hereby changed as follows:
From I-1, Heavy CommerdaULight In-
dustrial District to 0-2, Thoroughfare
Commercial District for the real prop8r-
ty hereto Gibed in made a �lf 'Ait 'A' anaChed I
and pan hereof.
Section 2. That the offidal zoning map
of the City of Fayetteville, Arkansas, is
hereby amended to reflect the zoning
proided in Section I above.
EXHIBIT 'A'
LEGAL DESCRIPTION FOR RZ%-
27.00
A part of the Southwest Ouaner
S 1/4) of the Southeast Quarter
8E114) of Section 21, Township 16
North, Range 30 West, desaibed as
follows: to wit: BBeeaainning at a point
which 4394.25 leetEasl end 114.1 fed
South of the Northwest corner of said
40 acre tact, and running thence South
121 feet, thence East 199 feet, thence
North 8 degrees 40' East 143.5 feet,
thence South 84 degrees 29' West
219.8 feet to the Point of Begin
Passed and Approved ths 19th day of
December, 2000.
Approved by: Fred Hanna, Ma r
Attest by: Heather Woodruff, City Cierk
January 13, 2001
P.O. BOX 1607 • 212 N. EAST AV ENUE* FAYE'I"I'EVILLI', ARKANSAS 72701 ' 501-4.12-1701)