HomeMy WebLinkAboutOrdinance 4333 ORDINANCE NO. 4333 , o
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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.