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Home My WebLink AboutOrdinance 4329 k ILEO FOR RECORD 01 AUG 15 PM 2 08 ORDINANCE NO. 4329 WASHMu I ull ; t 8. STAMPS AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 01 . 10.00 FOR A PARCEL CONTAINING APPROXIMATELY .42 ACRES FOR PROPERTY LOCATED AT 461 EAST TOWNSHIP, AS SUBMITTED BY GEORGE FAUCETTE ON BEHALF OF JAMES AND JUDY McDONALD 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 to C-2, Thoroughfare Commercial 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. AT t I rAND APPROVED this 7 "day of August, 2001 . u APPROVED: f t By: OltI � DAN COODY, Mayor ATTEST: By: dvnC f City Clerk A 11L 2001098178 Ord . 4329 • EXHIBIT "A" RZN 01 . 10.00 A PART OF THE EAST HALF (E'/2) OF THE FRACTIONAL NORTHWEST QUARTER (FRL.NWI/<) OF SECTION THREE (3) , TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING A THE NORTHWEST CORNER OF THE EAST HALF (E'/2) OF THE FRACTIONAL NORTHWEST QUARTER (FRL.NW'/<) OF SAID SECTION THREE (3) ; THENCE S88°07'29"E ALONG THE NORTH LINE OF SAID SECTION THREE (3) 386. 78 FEET; THENCE S01 °31 '59"W 167.00 FEET (DEED = 175.00 FEET) TO A SET IRON FOR THE TRUE POINT OF BEGINNING; THENCE S01031 '59"W 146.01 FEET TO A SET IRON; THENCE N88°28'01 "W 150.00 FEET TO A SET IRON; THENCE N01031 '59"E 25 .76 FEET TO A SET IRON ON THE SOUTH LIEN OF JANE STREET, SAID POINT BEING ON A CULDE-SAC WITH A FORTY (40) FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE NORTHEASTERLY ALONG SAID CURVE 55.39 FEET, THE CHORD FOR WHICH BEING N40047'041E 51 .07 FEET TO A SET COTTON SPINDLE AT THE POINT OF TANGENCY OF SAID CURVE; THENCE NO 10065911E ALONG THE EAST LINE OF JANE STREET 80. 79 FEET TO A SET IRON; THENCE S88028'01"E 118.28 FEET (DEED 119.2 FEET) TO THE POINT OF BEGINNING. 2001098179 I, Bathe 8t9gmrope, Clrouk Ciptk end fat=etttdiB ��tA� meat t.l®® 1natrumaw�� klejkf �1@ in 11, ndl�tad hof and tfla "91PB IS ngw duly mMfdbd WO the a0ftew4@dd@ rA and 62fy!f�t@ {hgrgon In Recprd ta®vk afid dad0. L+5 AiQkt?d Nefoon. nand endl4rolmOd N®4 0, azald Ciro igen the data in my cated hereon. Batry Stam a Cir 't I r aid Exbrycle Recorder b 0 0 NAME OF FILE: Ordinance No. 4329 CROSS REFERENCE: 08/07/01 Ordinance No. 4329 Exhibit "A" (Legal Description of RZN 01 - 10.00) 06/14/01 Letter to Tim Conklin, Planning Administrator, from George Faucette 07/23/01 Planning Division Correspondence 07/09/01 Planning Commission Minutes (Pg. 8 & 9) 08/07/01 Staff Review Form 08/13/01 Departmental Memo to Tim Conklin, Planning Director, from Heather Woodruff, City Clerk NOTES: ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 01 . 10.00 FOR A PARCEL CONTAINING APPROXIMATELY .42 ACRES FOR PROPERTY LOCATED AT 461 EAST TOWNSHIP, AS SUBMITTED BY GEORGE FAUCETTE ON BEHALF OF JAMES AND JUDY McDONALD 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 to C-2, Thoroughfare Commercial 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 , 2001 . APPROVED: By: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBIT "A" RZN O1 - 10.00 A PART OF THE EAST HALF (El/2) OF THE FRACTIONAL NORTHWEST QUARTER (FRL.NW'/4) OF SECTION THREE (3) , TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING A THE NORTHWEST CORNER OF THE EAST HALF (El/2) OF THE FRACTIONAL NORTHWEST QUARTER (FRL.NW'/4) OF SAID SECTION THREE (3) ; THENCE S88°07'29"E ALONG THE NORTH LINE OF SAID SECTION THREE (3) 386.78 FEET; THENCE SO1'31'59"W 167.00 FEET (DEED = 175.00 FEET) TO A SET IRON FOR THE TRUE POINT OF BEGINNING; THENCE S0103 1 '59"W 146.01 FEET TO A SET IRON; THENCE N88°28'01 "W 150.00 FEET TO A SET IRON; THENCE N0103 1'59"E 25.76 FEET TO A SET IRON ON THE SOUTH LIEN OF JANE STREET, SAID POINT BEING ON A CULDE SAC WITH A FORTY (40) FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE NORTHEASTERLY ALONG SAID CURVE 55.39 FEET, THE CHORD FOR WHICH BEING N40047'04"E 51.07 FEET TO A SET COTTON SPINDLE AT THE POINT OF TANGENCY OF SAID CURVE; THENCE NO 1006'59"E ALONG THE EAST LINE OF JANE STREET 80.79 FEET TO A SET IRON; THENCE S88°28'01 "E 118.28 FEET (DEED 119.2 FEET) TO THE POINT OF BEGINNING. June 14, 2001 Mr. Tim Conklin, Planning Administrator Fayetteville Planning Commission City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 RE: Re-Zoning Petition, 461 E. Township, Fayetteville, AR Dear Mr. Conklin and Members of the Fayetteville Planning Commission: This letter is written to provide additional information about the property that is the subject of this re-zoning petition. The property contains a single story, concrete block building that was constructed for use as an auto parts store about 1970. The building and adjacent asphalt parking cover approximately 67% of the lot. The City of Fayetteville zoning map indicates that approximately the north ''/x of the lot is zoned C-2 and the south 'h is zoned R- 1 . Since there is no apparent reason for the dual zoning of this property and since the zoning map indicated some C-2 zoned property even east of this property, I feel as if it is a probably a result of earlier conflicting legal descriptions and/or surveys. The property has had a continuous commercial use since 1970, and this request is to re-zone the balance of the property to a C-2 zone, which is consistent with that use. This re-zoning will not change the use or character, traffic, appearance, or signage from what it has been for the last 30+ years. If you have any questions, please give me a call. V&gpFctfully submitted, Geo a an ette c cc: James L. and July L. McDonald FAYETTEILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody City Council FROM: Hugh Earnest, Urban Development Director DATE: July 23, 2001 SUBJECT: RZN 01 - 10.00: Rezoning (McDonald, pp 329) BACKGROUND RZN 01 - 10.00: Rezoning (McDonald, pp 329) was submitted by George Faucette on behalf of James & Judy McDonald for property located at 461 E. Township. The property is zoned R- 1 , Low Density Residential and contains approximately 0.42 acres. The request is to rezone to C-2, Thoroughfare Commercial. The subject property is located on Jane Ave., south of Township St. and east ;>f College Ave. Currently there are only two developed lots which access Jane Ave. which is a short cul-de-sac that connects into the Butcher Block restaurant parking lot. Both lots on Jane Ave. contain commercial buildings and associated parking. The subject property was developed as an auto parts store in approximately 1970 and has been continually used as a commercial structure since that time according to the applicant' s representative (see attached narrative). Topography south and east of this property is rather steep and these areas, zoned R- 1 , remain vacant. Other adjoining properties include the Butcher Block restaurant to the west and a multi- tenant commercial building to the north with the Days Inn motel across Township to the north. The General Plan 2020 reflects current zoning of the commercial tract to the immediate north of the subject property, however it designates a change in land use which bisects this lot changing from Regional Commercial to Residential. The dividing line between these land use categories runs through the parking lot located south of the existing office building. CURRENTSTATUS The rezoning was recommended by the Planning Commission on July 9, 2001 by a 9-0-0 vote and forwarded to the City Council for approval. RECOMMENDATION The Planning Commission and staff recommended approval of the requested rezoning based on the findings included as part of this report. H.I USERSICObLLfONIDAfVN71REPORTSIPC17-9-011mcdonald_re_one_CC. opd §161. 14 DISTRICT C-2 THOROUGH- Unit 2 City-Wide Uses by FARE COMMERCIAL. Conditional Use Permit A. Purpose. The Thoroughfare Unit 3 Public Protection and Utility Commercial District is designed especially Facilities to encourage the functional grouping of these commercial enterprises catering Unit 21 Warehousing and Wholesale primarily to highway travelers. Unit 28 Center for Collecting Recyclable Materials B. Uses. Unit 32 Sexually Oriented Business 1 . Permitted Uses. Unit I City-Wide Uses by Right C. Bulk and Area Regulations. Setback lines shall meet the following Unit 4 Cultural and Recreational minimum requirements : . Facilities From Street ROW 50 ft. Unit 12 Offices, Studios and' Related From Side Property None Services Line Unit 13 Eating Places From Side Property 15 ft. Unit 14 Hotel, Motel and Amusement Line When Contiguous Facilities to a Residential District Unit 15 Neighborhood Shopping From Back Property 20 ft. Goods Line Unit 16 Shopping Goods D. Building Area. On any lot the Unit 17 Trades and Services area occupied by all buildings shall not exceed 60% of the total area of such lot. Unit 18 Gasoline Service Stations and Drive-In Restaurants E. Height Regulations. In District Unit 19 Commercial Recreation C-2 any building which exceeds the height of 20 feet shall be set back from any Unit 20 Commercial Recreation, Large boundary line of any residential district a Sites distance of one foot for each foot of height in excess of 20 feet. No building shall Unit 24 Outdoor Advertising exceed six stories or 75 feet in height. Unit 33 Adult Live Entertainment Club (Code 1991 , § 160.036; Code 1965, App. A, or Bar Art. 5(VI); Ord. No. 1747, 6-29-89; Ord. No. 1833, 11 - 1 -71 ; Ord. No. 2351 , 6-2- 177; 2. Uses Permissible on Ord. No. 2603, 2-19-80; Ord. No. 4034, § §3 ,4, 4-15-97) Appeal to the Planning Commission. RZN 01 . 1 ^ cDONALAAND USE � = c . . . . . . - • . . . . . - , . 1 . . . G2.. :::. - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . = >:; ; : :•;:: :. . C-2 G #�r1 . Subrr 'ect Pro e J P �Y :F = f .::::. :.:�. :: w:: -:::._::::::.._.._:::::::::.:_:: ::::::::w:::.�:::::.::::_:::::.::_: .. . :::::::::::::. ::•. . :::::::::::::::::•:::::.: ::::.::�:: :::w:u::: SfruFduUi S N Maker Land Street Plan Freeway/Expressway W E N Principal Arterial Minor Arterial \ /Collector W ' Historical Collector S �J Railroad.shp nduse Residential University 120 0 120 Feet RZN 01 - 1 0 AcDONALD tLOSE UP d C-2 uo C-2 R-1 I C-2 C- R-1 R-1 Subject Property 2 R-1 Master Street Plan N Freeway/Expressway N Principal Arterial W E Minor Arterial , ' Collector S Historical Collector Railroad.shp /V STREETS Structures (1998) 120 0 120 Feet .�- � a 1111 , ■ '� ► {J o a IMMEMEMEME J