HomeMy WebLinkAboutOrdinance 4338 iLED FOR RECORD
' 01 SEP 24 PM 3 02
ORDINANCE NO. 4338 µ AS H i hl v v li (, j
B. STAMPS
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 01 . 15.00
FOR A PARCEL CONTAINING APPROXIMATELY
1 . 76 ACRES FOR PROPERTY LOCATED AT 2530
WEDINGTON DRIVE , AS SUBMITTED BY NICK
VANDENBURG ON BEHALF OF KARSTETTER &
GLASS BODY SHOP,
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 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 181 ' day of September, 2001 .
u� 0 Err,,', APPROVED:
By:
DAN COODY, May
By:
Bather Woodruff, City Clerk
2001118085
Ex
• Ord . 4338 PU
0
EXHIBIT "A"
RZN 0115.00
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 7, TOWNSHIPI6, NORTH, RANGE 30 WEST, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, AND
RUNNING THENCE NORTH 349 FEET, THENCE WEST 234 FEET, THENCE
SOUTH 349 FEET, THENCE EAST 234 FEET TO THE PLACE OF BEGINNING. LESS
22.5 FEET ALONG THE SOUTH SIDE GIVEN BY EASEMENT FOR STATE
HIGHWAY # 16.
2001118086
I, Bette Stamps, Circuit Clerk 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
with the acknowledgement and certificate thereon
in Record Book and Page as indicated thereon.
IN WITNESS WHEREOF, I have hereunto set my
hand and affaed the seal of said Court on the date indi-
cated hereon.
Betty ps
C'rait lark and EK-officio Recorder
0 0
NAME OF FILE: Ordinance No. 4338
CROSS REFERENCE:
09/18/01 Ordinance No. 4338
09/18/01 Exhibit "A" (Property Description)(RZN 01 - 15 .00)
08/27/01 Planning Division Correspondence
08/13/01 Planning Commission Minutes (Pgs. 29 & 30)
09/18/01 Staff Review Form
09/25/01 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City
Clerk
09/26/01 Proof of Publication
NOTES :
ORDINANCE NO,
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 0145.00 FOR A PARCEL
CONTAINING APPROXIMATELY 1 .76 ACRES FOR PROPERTY
LOCATED AT 2530 WEDINGTON DRIVE , AS SUBMITTED BY NICK
VANDENBURG ON BEHALF OF KARSTETTER & GLASS BODY
SHOP.
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 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 GOODY, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
EXHIBIT "A"
RZN 01 . 15.00
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 7, TOWNSHIP 16, NORTH, RANGE 30 WEST, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, AND
RUNNING THENCE NORTH 349 FEET, THENCE WEST 234 FEET, THENCE
SOUTH 349 FEET, THENCE EAST 234 FEET TO THE PLACE OF BEGINNING. LESS
22.5 FEET ALONG THE SOUTH SIDE GIVEN BY EASEMENT FOR STATE
HIGHWAY # 16.
0 0
FAYETTEVILLE
THE CITY OF FAYETTEVD.LE, 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: August 27, 2001
RZN 01-15.00: Rezoning (Karstetter & Glass Body Shop, pp 402) was submitted by Nick
Vandenburg on behalf of Karstetter & Glass Body Shop for property located at 2530 Wedington
Drive. The property is zoned R-1 , Low Density Residential and contains approximately 1 .76
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: August 27, 2001
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: 9/18/01 - first reading
H:1 USERSICOdA40NIDAWN7IREPORTSIPCI8-17-OPkarstetter.wpd
Comments:
BACKGROUND:
The subject property is located at the northeast comer of Futrall Drive and Wedington Drive
(Hwy 16W). Adjacent uses include commercial and multi-family residential developments. The
use of the property as an auto body shop was established prior to zoning of the property. With
the most recent update of the City' s General Plan, this area was designated on the Future Land
Use Plan as a part of the Community Commercial node at the intersection of Wedington Drive
and I-540 where it had previously been designated as Residential. At this time, the applicant is
requesting that the zoning of the property be changed from R- 1 to C-2. This change does reflect
the adopted Future Land Use Plan and is consistent with the established use on the site.
SURROUNDING LAND USE AND ZONING
North : Construction office (conditional use), R- 1
South: Commercial subdivision, C-2
East: Multi-family residential, R-2
West: Hank' s Fine Furniture, C-1
INFRASTRUCTURE:
Access to this property is from Wedington Drive (Hwy 16W). This street is designated a
principal arterial on the City's adopted Master Street Plan and is constructed with a 5 lane section
in this location.
Water and sewer facilities are in place and currently serve this site.
LAND USE PLAN: General Plan 2020 designates this site Community Commercial. Rezoning
this property to C-2, Thoroughfare Commercial is consistent with the land use plan and
compatible with surrounding land uses in the area.
H.I USERSICOMMOMDAWN71REPOR7SIPC18-27-011korstetter.wpd
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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.
Finding: The proposed zoning is consistent with the City's adopted Future Land Use
Plan and is consistent with land use planning objectives, principles, and
policies. This location has functioned with a commercial use which was
established prior to the initiation of zoning in this area. On the Future Land
Use Plan, there is a Community Commercial node designated at this
intersection of Wedington Drive and I-540 which includes the subject
property.
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 in that it is consistent with adopted land use
policies and it serves to make conforming an existing use which has been
established for years. A rezoning of this property is needed in order for the
property owner to make proposed improvements and additions to the
property.
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. No change in use is proposed as a result of this request. The
use of the subject property as an auto body shop has been established for
years and the ingress and egress will not change as a result of the rezoning.
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;
Hrl USERSICOMIVOMDAWNTIRF-PORYYPC18-27-0!Ikorstetter.wpd
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
H:IOSERSICOMMOMDAWNTIRFPORTSIPCI8-27-01Ikarstetter.wpd
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§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 1 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
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.
H.I USERSICOA-f 'YONIDAFVN71RUOR7STC18-27-071 karsretter.wpd
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DORIS ANN GLASS
2530 Wedington Dr.
Fayetteville, AR 72701
August 2, 2001
City of Fayetteville
Planning & Zoning Dept.
Fayetteville, AR 72701
RE: Rezoning of property located at 2530 Wedington Dr. for Karstetter & Glass Body Shop
To whom it may concern:
I, Doris Ann Glass, am requesting re-zoning change at 2530 Wedington Drive, Fayetteville.
Located near the corner of Wedington Drive and Futrall Drive. Request is for commercial
zoning status for building improvements, to comply with E.P.A. standards and codes for body
shop operations.
The property is approximately 1 .76 acres. Adjacent property owners are listed below:
East Border: Carl & Sharon Myers
3129 S. Killem Rd.
Fayetteville, AR 72703
Parcel # 765- 13696-000
North Border: John P. Marinoni
1142. Futrall Dr.
Fayetteville, AR 72703
Parcel # 765-13707-000
West Border: Hank's Furniture
Henry C. Brown
9912 1 - 30
Little Rock, AR 72209
Parcel # 765- 13702-000
South Border: T.F.J. Nominee
Thomas F. James Trustee
7707 "T" Street
Little Rock, AR 72207
Parcel # 765-1372-005
Water and sewer already exists and in use at this location. There will be no adverse changes
to the appearance, traffic flow or signage at this location. Roof will need to be completed on
existing iron frame construction connected to rear of building.
Thank you for your time and cooperation in this matter.
Sincerely,
N LGLjy C,�
Doris Ann Glass
Trustee for Glass Family Trust
