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HomeMy WebLinkAboutOrdinance 4333 ORDINANCE NO. 4333 , o a � AN ORDINANCE REZONING THAT PROPERTY _ CO DESCRIBED IN REZONING PETITION RZN 01 - 13.00 FOR A PARCEL CONTAINING APPROXIMATELY 1 .4 n c co ACRES FOR PROPERTY LOCATED SOUTH OF ZION . 3 ROAD IN HARB-CO SUBDIVISION, AS SUBMITTED cn r M BY KIRK ELSASS ON BEHALF OF HCL PROPERTIES, ` `" REPRESENTED BY JIM LINDSEY 0 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-0, Residential Office to C- 1 , Neighborhood 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 21" day of August, 2001 . APPROVED: c 10, f {. . \ DA COODY, May ATTEST: ` By: 'Heather Woodruff, City C �k 2001 / 04485 E . • Ord . 4333 EXHIBIT "A" RZN 0143.00 PART OF TRACT 4 OF THE HARB-CO PLACE SUBDIVISION IN THE CITY OF FAYETTEVILLE AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE S.W. CORNER OF SAID TRACT 4 THENCE N01023'29"W 253.47 FEET, THENCE N88037'33"E 240.65 FEET, THENCE S01028' 15"E 254.23 FEET, THENCE S88048'25"W 241 .00 FEET TO THE P.O.B. CONTAINING 1 .40 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND R/W OF RECORD. 2001104486 I, Bette Stamps, Circuit Cork and Ex-officio Recorder for Washington County, Arkansas, do hereby certify that this instrument was filed for record in my office as indicated hereon and the same is now duly recorded vr,th the acknowledgement and certificate thereon in Record Book and Page as indicated thereon. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Court on the date indi- cated hereon. RetryWlampsCirce Ex-officio Recorder by NAME OF FILE: Ordinance No. 4333 CROSS REFERENCE: 08/21/01 Ordinance No. 4333 Exhibit "A"(Legal Description regarding RZN 01 - 13 .00) 07/23/01 Planning Division Correspondence 08/21/01 Staff Review Form 08/27/01 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City Clerk 08/30/01 Proof of Publication NOTES: ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN O1 - 13.00 FOR A PARCEL CONTAINING APPROXIMATELY 1 .4 ACRES FOR PROPERTY LOCATED SOUTH OF ZION ROAD IN HARB-CO SUBDIVISION, AS SUBMITTED BY KIRK ELSASS ON BEHALF OF HCL PROPERTIES, REPRESENTED BY JIM LINDSEY 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-0, Residential Office to C- 1 , Neighborhood 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 01 . 13.00 PART OF TRACT 4 OF THE HARB-CO PLACE SUBDIVISION IN THE CITY OF FAYETTEVILLE AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE S.W. CORNER OF SAID TRACT 4 THENCE N01023'29"W 253.47 FEET, THENCE N88037'33"E 240.65 FEET, THENCE S01028615"E 254.23 FEET, THENCE S88048'25"W 241 .00 FEET TO THE P.O.B. CONTAINING 1 .40 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND R/W OF RECORD. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501 ) 575-8264 PLANNING DIVISION CORRESPONDENCE TO : Mayor Dan Coody Fayetteville City Council FROM : Hugh Earnest, Urban Development Director DATE: July 23, 2001 BACKGROUND RZN 01 - 13 .00: Rezoning (Indoor Batting Cages, pp 138) was submitted Kirk Elsass on behalf of HCL Properties, represented by Jim Lindsey for property located south of Zion Road in HARB- CO Subdivision. The property is zoned R-O, Residential Office and contains approximately 1 .4 acres. The request is to rezone to C- 1 , Neighborhood Commercial. The subject property is a remnant lot which was left over after the development of Harb-Co Subdivision. That subdivision, zoned C- 1 now includes Key Comer, a multi-tenant commercial development which is located east of the subject property. South and also east of this site is the Charter Vista Rehabilitation facility and Youth Bridge. West of the site there is an apartment development and to the north, there is a vacant field adjacent to the Fayetteville Athletic Club. The applicant proposes to construct an indoor batting cage facility in this location. In order to secure the necessary approvals for this kind of development, a conditional use application as well as a large scale development will need to be processed if this rezoning is successful. This area is designated Office on the City's Future Land Use Map. The requested C- 1 zoning district does permit professional office development; however, additional commercial uses including restaurant and retail would also be permitted by right with a change to the C- I district. CURRENTSTATUS The rezoning was recommended by the Planning Commission on July 23 , 2001 by a 6-0-0 vote and has been 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 USERSICOMMONIDAWNTREPORTSIPCI7-13-011cages_anol-13 city council ivpd FAYETTEVILLE THE CITY OF FAYETTEVrLLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dawn T. Warrick, Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: July 23, 2001 RZN 01-13.00: Rezoning (Indoor Batting Cages, pp 138) was submitted Kirk Elsass on behalf of HCL Properties, represented by Jim Lindsey for property located south of Zion Road in HARB-CO Subdivision. The property is zoned R-O, Residential Office and contains approximately 1 .4 acres. The request is to rezone to C-1 , Neighborhood Commercial. RECONINIENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report. PLANNING CONINUSSION ACTION: Required YES O Approved O Denied Date: July 23, 2001 CITY COUNCIL ACTION: Required YES' 0 Approved -.0 Denied . Date: August 21 , 2001 (1" readingl , r Comments: H:I USERSICOALNOMDAWN7I RF.POR7SI PCV-23-Of I cagea_rzn01-13.wpd BACKGROUND: The subject property is a remnant lot which was left over after the development of Harb-Co Subdivision. That subdivision, zoned C- 1 now includes Key Corner, a multi-tenant commercial development which is located east of the subject property. South and also east of this site is the Charter Vista Rehabilitation facility and Youth Bridge. West of the site there is an apartment development and to the north, there is a vacant field adjacent to the Fayetteville Athletic Club . The applicant proposes to construct an indoor batting cage facility in this location. In order to secure the necessary approvals for this kind of development, a conditional use application as well as a large scale development will need to be processed if this rezoning is successful. This area is designated Office on the City's Future Land Use Map. The requested C- 1 zoning district does permit professional office development, however additional commercial uses including restaurant and retail would also be permitted by right with a change to the C-1 district. SURROUNDING LAND USE AND ZONING North: Vacant, R-O South: Recreation field / Charter Vista, R-O East: Key Corner, C-1 West: Apartments, R-2 INFRASTRUCTURE: Streets : Zion Road is located on the north side of the subject property. It is designated a Collector on the City' s adopted Master Street Plan. Water & Sewer: Water and sewer facilities are both located adjacent to the property within the Zion Rd. right-of-way. LAND USE PLAN: General Plan 2020 designates this site Office. Rezoning this property to C- 1 , Neighborhood Commercial is consistent with the land use plan and with surrounding land uses in the area, specifically to the north, south and east. 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 . H:IUSERSICOMMOMDAWN7IREPORTSIPCI7-23-011cages nn01-13.wpd Finding: The proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. This area is designated Office on the General Plan 2020 and is adjacent to several mixed uses which are compatible with uses permitted within the requested C-1 zoning district. 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. This action will extend the commercial node at the intersection of Zion Rd. and Hwy 265 a distance of approximately 240 feet further west. 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. While some uses within the C-1 district will generate more traffic than uses within the existing R-O district, Zion Rd. and Hwy 265 are both designated as higher level streets on the City's adopted Master Street Plan and should therefore satisfy the needs of a development in this location. 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 will 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 §161 .13 DISTRICT C-1 NEIGHBOR- A. Purpose. The Neighborhood HOOD COMMERCIAL. Commercial District is designed primarily to H.IUSERSICOA7NfONIDAWN7IREPOR7SIPC17-13-011coges rzn01-13.wpd provide convenience goods and personal C. Bulk and Area services for persons living in the Regulations/Setbacks. Setback lines shall surrounding residential areas. meet the following minimum requirements: B. Uses. From Street ROW 50 ft. From Side Property Line None 1 . Permitted Uses. From Side Property Line 10 ft. Unit 1 City-Wide Uses by Right When Contiguous to a Unit 12 Offices, Studios and Related Residential District Services From Back Property Line 20 ft. Unit 13 Eating Places Unit 15 Neighborhood Shopping D. Building Area. On any lot the Unit 18 Gasoline Service Stations and area occupied by all buildings shall not Drive-In Restaurants exceed 40% of the total area of such lot. Unit 25 Professional Offices E. Height Regulations. There shall be no maximum height limits in C- 1 2. Uses Permissible on District, provided, however, that any Appeal to the Planning Commission. building which exceeds the height of ten feet shall be set back from any boundary line of Unit 2 City-Wide Uses by any residential district a distance of one foot Conditional Use Permit for each foot of height in excess of ten feet. Unit 3 Public Protection and Utility Facilities (Code 1991 , § 160.035; Code 1965, App. A, Art. 5(V); Ord. No. 1747, 6-29-89; Ord. No. Unit 4 Cultural and Recreational 2603, 2- 19-80) Facilities H.IUSERSICOAZNOMDAWNTAEPOR7SIPCI7-23-011coges_nn01-13.wpd Lindsey & Associates, Inc. 3900 FRONT STREET P.O. BOX 1174 FAYETTEVILLE, ARK. 72702 REZONING REQUEST DESCRIPTION For HARB-CO Place Subdivision, Zion Road, Fayetteville, Washington County, Arkansas Parcel #765-06170-001 5 . A written description of this request addressing the following items: a) Current ownership information and any proposed or pending property sales. The current owners of the property to be rezoned are Gary and Margaret Cuozzo. This property is subject to a pending sale to Chuck Calloway. b) Reason (need) for requesting the zoning change. The property is currently zoned RO and the request is for a change to Cl for the purpose of constructing an indoor batting cage facility. c) Statement of how the property will relate to surrounding properties in terms of land use, traffic, appearance, and signage. The use of this property will be complimentary to the surrounding businesses and similar in traffic, appearance, and signage. The property to the south is currently being used as a baseball practice field, the property to the north is the Fayetteville Athletic Club, the property to the east is Kee Corner Plaza, a retail center, and the property to the west is an apartment complex. d) Availability of water and sewer (state size of lines). This information is available from the City Engineering Division. Water and sewer are available on the north edge of the property on Zion Road.