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HomeMy WebLinkAboutOrdinance 4367 • i•_ D FOR RECOi; :; ' 02 MH 14 AM 8 57 ORDINANCE NO, 4367 WASHlriv , ,, , , 9. STAMPS AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 02-3.00 FOR A PARCEL CONTAINING APPROXIMATELY 4.75 ACRES LOCATED AT 2684 W. SIXTH STREET, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY BOB HILL OF NICKLE- HILL GROUP, INC. ON BEHALF OF AL AND LUCILE CATHCART AND ANNEENGLAND 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-O, Residential Office to C-2, Thoroughfare Commercial as shown in Exhibit AA@ 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 51h day of February, 2002. APPROVED: By: U DAN COODY, Mayor V � n Qy: � '' •, ' ' lather Woodruff, City Cl A \ 20020366# • Ord . 4367 EXHIBIT AA@ A PART OF THE NORTHEAST QUARTER (NEI/4) OF THE NORTHEAST QUARTER (NE1 / 4) OF SECTION NINETEEN (19), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE SOUTH 991 .00 FEET ALONG THE WEST LINE OF SAID 40 ACRE TRACT TO A SET IRON FOR THE TRUE POINT OF BEGINNING; THENCE NORTH 601 .20 FEET TO A SET IRON; THENCE N85°30'00"E 278.30 FEET TO A SET IRON; THENCE SOUTH 723.67 FEET TO A SET IRON ON THE NORTHERLY RIGHT OF WAY OF U.S. HIGHWAY 62; THENCE ALONG SAID RIGHT OF WAY, THE FOLLOWING BEARINGS AND DISTANCES: S75°03'47"W 64.62 FEET TO AN EXISTING AHTD MONUMENT; S69011 '04"W 158.36 FEET TO AN EXISTING AHTD MONUMENT; S56028'04"W 24.20 FEET TO A SET IRON; S68°22'44"W 3.57 FEET TO A SET IRON; THENCE LEAVING SAID RIGHT OF WAY N13001 '15"W 194.34 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 4.75 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. 2002036650 NAME OF FILE: Ordinance No. 4367 CROSS REFERENCE: 02/05/02 Ordinance No. 4367 Exhibit "AA@" Legal Description (RZN 02-3 .00) 01/18/02 Planning Division Correspondence 01/ 14/02 Planning Commission Minutes (Pages 27 & 28) 02/05/02 Staff Review Form 02/11/02 Memo to Tim Conklin, Planning Director, from Heather Woodruff, City Clerk 03/ 16 /02 Proof of Publication NOTES : ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 02-3.00 FOR A PARCEL CONTAINING APPROXIMATELY 4. 75 ACRES LOCATED AT 2684 W. SIXTH STREET, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY BOB HILL OF NICKLE-HILL GROUP, INC. ON BEHALF OF AL AND LUCILE CATHCART AND ANNE ENGLAND. 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-O, Residential Office to C-2, Thoroughfare Commercial as shown 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 , 2002. APPROVED: DRAFT By: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBIT "A" A PART OF THE NORTHEAST QUARTER (NEI /4) OF THE NORTHEAST QUARTER (NE 1 /4) OF SECTION NINETEEN (19), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE SOUTH 991 .00 FEET ALONG THE WEST LINE OF SAID 40 ACRE TRACT TO A SET IRON FOR THE TRUE POINT OF BEGINNING; THENCE NORTH 601 .20 FEET TO A SET IRON; THENCE N85°30'00"E 278.30 FEET TO A SET IRON;; THENCE SOUTH 723.67 FEET TO A SET IRON ON THE NORTHERLY RIGHT OF WAY OF U.S. HIGHWAY 62; THENCE ALONG SAID RIGHT OF WAY, THE FOLLOWING BEARINGS AND DISTANCES : S75°03'47"W 64.62 FEET TO AN EXISTING AHTD MONUMENT; S69° 11 '04"W 158.36 FEET TO AN EXISTING AHTD MONUMENT; S56028'04"W 24.20 FEET TO A SET IRON; S68°22'44"W 3 .57 FEET TO A SET IRON; THENCE LEAVING SAID RIGHT OF WAY Nl3001 ' 15 "W 194.34 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 4.75 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. FAYETTEVILLE P THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. 0 Fayetteville, AR 72701 Telephone: (501) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council THRU: Hugh Earnest, Urban Development Director FROM: Tim Conklin, A.I.C.P., City Planner DATE: January 18, 2002 BACKGROUND RZN 02-3 .00: Rezoning was submitted by Bob Hill of Nickle-Hill Group on behalf of Al & Lucile Cathcart and Cecil & Anne England for property located at 2684 W. Sixth Street. The property is zoned R-O, Residential Office and C-2, Thoroughfare Commercial and contains approximately 4.75 acres. The request is to rezone the entire tract to C-2, Thoroughfare Commercial. The subject property is located west of the Westgate Shopping Center (formerly included Marvin' s IGA) which is at the northwest corner of the intersection of Hwy 62W and I-540. Property to the east is developed as AAA Mini-storage and to the north, Centurytel has installed a telecommunications equipment facility. To the south, across Hwy 62W is a small house which is located in a C-2 zoning district and will likely redevelop commercially. The vast majority of this property is located within the Design Overlay District. The only exception is a very small triangle of property at the southwest corner of the tract. The applicant is requesting that the entire tract be zoned C-2. Currently, the northwest corner of the property (approximately 1 /3 of the overall tract) is zoned R-O, Residential Office, the remaining 2/3 of the property is already zoned C-2. Current plans include the redevelopment of the Westgate Shopping Center along with additional development on this site. Access to Shiloh Drive is important as it is a one-way outer road to I-540 and easements are proposed as a part of the overall development of these projects. At the time of development, City requirements for development within the Design Overlay District as well as Commercial Design Standards, tree protection and preservation and all other applicable ordinances will be reviewed. CURRENT STATUS The Planning Commission voted 9-0-0 to recommend the City Council approve the requested rezoning from R-O to C-2. RECOMMENDATION Staff and the Planning Commission recommend approval of the requested rezoning. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501 ) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dawn T. Warrick, Senior Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: January 7 2002 RZN 02-3.00: Rezoning (Cathcart/England, pp 558) was submitted by Bob Hill of Nickle-Hill Group on behalf of Al & Lucile Cathcart and Cecil & Anne England for property located at 2684 W. Sixth Street. The property is zoned R-O, Residential Office and C-2, Thoroughfare Commercial and contains approximately 4.75 acres. The request is to rezone the entire tract 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: January 14, 2002 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: February 5, 2002 Comments: H.IUSERSICOMMOMDAWNTIREPORTSIPC11001 REPORTSICATHCART RZN02-.)OC BACKGROUND: The subject property is located west of the Westgate Shopping Center (formerly included Marvin's IGA) which is at the northwest corner of the intersection of Hwy 62W and I-540. Property to the a; is developed as AAA Mini-storage and to the north, Centurytel has installed a telecommunications equipment facility. To the south, across Hwy 62W is a small house which is located in a C-2 zoning district and will likely redevelop commercially. The vast majority of this property is located within the Design Overlay District. The only exception is a very small triangle of property at the southwest corner of the tract. ?or-% The applicant is requesting that the entire tract be zoned C-2. Currently, the north3m t corner of the property (approximately 1/3 of the overall tract) is zoned R-O, Residential Office, the remaining 2/3 of the property is already zoned C-2. Current plans include the redevelopment of the Westgate Shopping Center along with additional development on this site. Access to Shiloh Drive is important as it is a one-way outer road to I-540 and easements are proposed as a part of the overall development of these projects. At the time of development, City requirements for development within the Design Overlay District as well as Commercial Design Standards, tree protection and preservation and all other applicable ordinances will be reviewed. SURROUNDING LAND USE AND ZONING North: Telecommunications equipment facility (Centurytel), R-O South: Single family home, C-2 East: Westgate Shopping Center, C-2 West: AAA Mini-storage, C-2 INFRASTRUCTURE: Access for this site is provided by Hwy 62W, a principal arterial on the City's adopted Master Street Plan. This site is located just west of the intersection of I-540 and Hwy 62W. This is a major interchange on the bypass. Water and sewer are both available in the area of this property. There are water lines located along Hwy 62W and along Old Farmington Road (to the north). Sewer is also located along these streets as well as along Shiloh Drive. H:IUSERSICOMMONIDANNTREPORTSIPCI2001 REPOR7SICATHCART RZN02-DOC LAND USE PLAN: General Plan 2020 designates this site Regional 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. 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 land use planning objectives, principles, and policies and with land use and zoning plans. This property is designated on the City's adopted Future Land Use Plan as a part of a Regional Commercial node around the intersection of 1-540 and Hwy 62W. Some of the subject property is already zoned C-2 and the remainder is currently designated R-O. Rezoning the entire tract to C-2 is consistent with the City's adopted Future Land Use Plan and it will provide continuity of zoning for the entire 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 at this time and is needed in order to develop the entire tract with one unified project. 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. 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; H:IUSERSICOMMOMDA WTIREPORTSIP01001 REPORTSICA THCART RZN02-3DOC 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:IUSERSICOMMOMDA WN7IREPOR7SIP02001 REPORTSICA THCART RZN01-DOC §161.14 DISTRICT C-2 THOROUGH-FARE COMMERCIAL. C. Bulk and Area Regulations. Setback lines shall meet the following minimum requirements. A. Purpose. The Thoroughfare Commercial From Street ROW 50 ft. District is designed especially to encourage the functional grouping of these commercial enterprises From Side Property Line None catering primarily to highway travelers. From Side Property Line 15 ft. B. Uses. When Contiguous to a Residential District 1. Permitted Uses. Unit 1 City-Wide Uses by Right From Back Property Line 20 ft. Unit 4 Cultural and Recreational Facilities D. Building Area. On any lot the area occupied by all buildings shall not exceed 60% of the Unit 12 Offices, Studios and Related Services total area of such lot. Unit 13 Eating Places E. Height Regulations. In District C-2 any Unit 14 Hotel, Motel and Amusement building which exceeds the height of 20 feet shall be Facilities set back from any boundary line of any residential district a distance of one foot for each foot of height Unit 15 Neighborhood Shopping Goods in excess of 20 feet. No building shall exceed six stories or 75 feet in height. Unit 16 Shopping Goods (Code 1991 , § 160.036; Code 1965, App. A, Art. 5(VI); Ord. No. 1747, 6-29-89; Ord. No. 1833, 11 -1 - Unit 17 Trades and Services 71 ; Ord. No. 2351 , 6-2- 177; Ord. No. 2603, 2- 19-80; Ord. No. 4034, §§3,4, 4- 15-97) Unit 18 Gasoline Service Stations and Drive- In Restaurants Unit 19 Commercial Recreation Unit 20 Commercial Recreation, Large Sites Unit 24 Outdoor Advertising Unit 33 Adult Live Entertainment Club or Bar 2. Uses Permissible on Appeal to the Planning Commission. Unit 2 City-Wide Uses by Conditional Use Permit Unit 3 Public Protection and Utility Facilities Unit 21 Warehousing and Wholesale Unit 28 Center for Collecting Recyclable Materials Unit 32 Sexually Oriented Business H:IUSERSICOMMONIDAWRIREPOR7SIPCI2002 REPORTSICATHCART RZN02-DOC REZONE R-O TO C-2 DESCRIPTION OF REQUEST The applicants are requesting that the R-O portion of the 4.75 acre tract be rezoned to C- 2, the same as the remainder of the property, and a zoning that is compatible with the surrounding neighborhood. Discussions with city planning staff concerning the original C-2/R-O zoning of the property indicate that in the early 1970's the City did a citywide zoning without legal descriptions or ordinances. The City of Fayetteville has been unable to provide the applicants with an ordinance showing the legal description and size of the property that is zoned R-O. The applicants propose that, in order to correct this inadequate way of designating zoning to undefined parcels of land, the City of Fayetteville "rezone" the entire 4.75 acre tract to C-2. a. Current ownership of the property consists of the Cecil F England Revocable Trust (Cecil and Anne England, Trustees) and Alfred L. and Lucile Cathcart. The property that we are requesting to be rezoned is a part of a 4.75 acre tract that is currently under contract to sell to Narendra Krushiker. b. The 4.75 acre tract has frontage on Highway 62 West (Sixth Street), is bordered on the east by the Westgate Shopping Center, on the west by AAA Storage and on the north by Centurytel of Northwest Arkansas, a telecommunications equipment facility. The subject site is surrounded by hotels, restaurants, a shopping center and a storage facility. Somewhere between 1/2 and 2/3 of the 4.75 acres that fronts on Highway 62 is zoned C-2. The remainder of the property to the north of the C-2 property, does not have frontage on any street and is currently zoned R-O. The portion of the property zoned R-O is not in a location or environment that lends itself to residential office zoning. The property zoned R-O is surrounded by C-2 property and is in a location and environment that dictates C-2 zoning. C. The property to the north of the subject property consists of an equipment building for a telecommunications company. The property to the east of the property is the Westgate Shopping Center. Current plans are to totally renovate the center. The property to the south is a rental house, but will probably be a retail or restaurant site. The property to the west is a mini- warehouse facility. The subject site will be a part of the development of the northwest corner of the intersection of I-540 and Hwy. 62W that will include the renovation of the Westgate Shopping Center and construction of other commercial properties on the undeveloped land. The subject property will have an access easement across the C-2 portion that fronts on Hwy. 62W, which will also have ingresslegress easements across the Westgate Shopping Center, giving this property access to Shiloh Drive. Anything that is built on the subject site will comply with all existing development ordinances of the City. A 12" water line is available on Highway 62 and a 6" water line is available on Old Farmington Road. A 15" sewer line is available on Highway 62, an 8" sewer line is available on Old Farmington Road and an 8" sewer line is available on Shiloh Road.