HomeMy WebLinkAboutOrdinance 4367 • i•_ D FOR RECOi; :;
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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.