HomeMy WebLinkAboutOrdinance 4370 ED FOR RECOR '
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ORDINANCE NO, 4370 WAS HIna ' ', " '•• -
B. STAMPS
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-2.00 FOR A PARCEL
CONTAINING APPROXIMATELY 1 .94 ACRES LOCATED AT
THE NORTHEAST CORNER OF JOYCE BLVD. AND CROSSOVER
ROAD, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY CRAIG
HULL OF NICKLE-HILL GROUP, INC. ON BEHALF OF ANDY BETHELL
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 C- 1 , Neighborhood Commercial 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 19`h day of February, 2002.
APPROVED:
By: hm 601440��
DAN COODY, M or
A S' ,
y r'j�%odruff, City Clerk
2002036647
E
Ord , 4370 a
EXHIBIT "A"
A TRACT OF LAND IN THE S 1/2 NW 1/4 OF SECTION 30, TOWNSHIP 17 NORTH, RANGE
29 WEST IN WASHINGTON COUNTY, ARKANSAS, BEING MORE FULLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF S1/2 NW 1 /4 NW 1 /4;
THENCE N00°25' 14"E ALONG THE EST LINE THEREOF, 22.0 FEET; THENCE N89°33'55"W
25 .0 FEET TO THE P.O.B. THENCE S89033'55 "W 76.0 FEET TO A POINT ON THE EAST
RIGHT OF WAY OF HIGHWAY "265 " ; THENCE N29° 17'57"W ALONG SAID RIGHT OF
WAY, 501 . 10 FEET; THENCE S89°33'55 "E 324.43 FEET; THENCE S00025'14"W, 435 . 13 FEET
TO THE POINT OF BEGINNING, CONTAINING 2.00 ACRES, MORE OR LESS . SUBJECT
TO AN EXISTING RIGHT OF WAY FOR JOYCE 25 .0 FEET IN WIDTH, AS MEASURED
FROM THE EXISTING CENTER LINE, ALONG THE EAST AND SOUTH BOUNDARIES
THEREOF.
2002006648
I, Bette stamps, Circuit Clerk and x- ,UO R ry
for Washington County. Arkansas, office as
that this
instnnnenr was 11, * ismfd now1n mY du y reoorded
Indicated hereon and ee t and mr&cte tnerson
with the acimaw)�and Page as indicat=ed thereon.
in Record Boo
N WITNESS WHEREOF, I have harecntc set my
I
hand and aIW1 the sea)) of said Court on the date Indi-
cated herein.
Stama
Cir tk d E,-Officio Recorder
i •
NAME OF FILE: Ordinance No. 4370
CROSS REFERENCE:
02/19/02 Ordinance No. 4370
Exhibit "A" (Legal Description of RZN 02-2 .00)
01 /18/02 Planning Division Correspondence
01 /14/02 Planning Commission (Pages 25-26)
01 /07/02 Planning Division Correspondence
12/ 19/01 Letter to Tim Conklin, Planning Director, from Craig Hull, Nickle-Hill
Group, Inc.
02/05/02 Staff Review Form
I
02/26/02 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City
Clerk
03 / 16 /02 Proof of Publication
Bi D 5 R
NOTES:
ORDINANCE NO,
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-2.00 FOR A PARCEL
CONTAINING APPROXIMATELY 1 .94 ACRES LOCATED AT THE
NORTHEAST CORNER OF JOYCE BLVD. AND CROSSOVER ROAD,
FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY CRAIG HULL OF
NICKLE-HILL GROUP, INC. ON BEHALF OF ANDY BETHELL.
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 C- 1 , Neighborhood Commercial 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:
TAp►FT
By:
DAN COODY, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
EXHIBIT "A"
A TRACT OF LAND IN THE S1 /2 NW 1/4 OF SECTION 30, TOWNSHIP 17 NORTH, RANGE
29 WEST IN WASHINGTON COUNTY, ARKANSAS, BEING MORE FULLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF S1 /2 NW 1 /4 NW 1 /4;
THENCE N00025' I4"E ALONG THE EST LINE THEREOF, 22.0 FEET; THENCEN89°33'55"W
25.0 FEET TO THE P.O.B. THENCE S89033'55"W 76.0 FEET TO A POINT ON THE EAST RIGHT
OF WAY OF HIGHWAY "265 " ; THENCE N29° 17'57"W ALONG SAID RIGHT OF WAY, 501 . 10
FEET; THENCE S89°33'55"E 324.43 FEET; THENCE S00°25' 14"W, 435. 13 FEET TO THE POINT
OF BEGINNING. CONTAINING 2.00 ACRES, MORE OR LESS. SUBJECT TO AN EXISTING
RIGHT OF WAY FOR JOYCE 25.0 FEET IN WIDTH, AS MEASURED FROM THE EXISTING
CENTER LINE, ALONG THE EAST AND SOUTH BOUNDARIES THEREOF.
FAYETTEVILLE
0
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
THRU: Hugh Earnest, Urban Development Director
FROM: Tim Conklin, A.I.C.P., City Planner
DATE: January 18, 2002
BACKGROUND
RZN 02-2.00: Rezoning was submitted by Craig Hull ofNickle-Hill Group, Inc. on behalf of Andy
Bethell for property located at the northeast corner of Joyce Blvd. and Crossover Road. The
property is zoned C- 1 , Neighborhood Commercial and contains approximately 1 .94 acres. The
request is to rezone to C-2, Thoroughfare Commercial.
The subject property is currently vacant. It is surrounded on three sides by streets designated as
principal arterials (Joyce Blvd. and Crossover Rd.) and a collector street (Joyce Blvd.) on the City' s
Master Street Plan. The Future Land Use Plan calls this area out as part of a Community
Commercial node surrounding the intersection of Crossover Rd. and Joyce Blvd.
The applicant is requesting that this tract be rezoned from C- 1 , Neighborhood Commercial to C-2,
Thoroughfare Commercial. The proposal is to develop the property to include a liquor store in
addition to other uses which have not been determined at this time. A Bill of Assurance has been
drafted in which the applicant proposes to limit the uses permitted on this site to those uses allowed
in the C- 1 district including the additional use of a liquor store.
In this area, the only C-2 zoned property is located west of the subject property and was recently
rezoned with a Bill of Assurance offered by the applicant that restricts the uses of the property to
those permitted in the C- I district and a liquor store.
CURRENTSTATUS
The Planning Commission voted 9-0-0 to recommend the City Council approve the requested
rezoning from C- 1 to C-2 subject to a Bill of Assurance limiting the use of the property to a liquor
store and uses allowed in the C- 1 zoning district.
RECOMMENDATION
Staff and the Planning Commission recommend approval of the requested rezoning.
Planning Commission
January 14, 2002
Page 25
RZN 02-2.00: Rezoning (Bethell, pp 177) was submitted by Craig Hull ofNickle-Hill Group, Inc. on P1
behalf of Andy Bethell for property located at the northeast comer of Joyce Blvd. and Crossover Road. r
The property is zoned C-1 , Neighborhood Commercial and contains approximately 1 .94 acres. The
request is to rezone to C-2, Thoroughfare Commercial.
Estes: The next item on the agenda is item number four RZN 02-2 a rezoning submitted by Craig
Hull ofNickle-Hill Group, Inc. on behalf of Andy Bethell for property located at the
northeast corner of Joyce Blvd. and Crossover Road. The property is zoned C- 1 ,
Neighborhood Commercial and contains approximately 1 .94 acres. The request is to
rezone to C-2, Thoroughfare Commercial. Staff recommends approval ofthe requested
rezoning subject to the Bill ofAssurance offered by the applicant which restricts the uses
allowed on this property to those permitted in the C-1 zoning district and including the use
of the property for a liquor store and based on the findings that are included in your report.
Is the applicant present?
Hull: Yes.
Estes: Would you state your name and give us the benefit of your presentation please?
Hull : Mr. Chairman, my name is Craig Hull with the Nickle Hill Group. I am representing Andy
Bethell where he has applied for a liquor permit for this site. The subject property is a
triangular shaped piece ofground just to the east of Crossover Road at Joyce Street and
a high traffic area. The C-2 designation requested would allow the applicant to do the
drive in window necessary for his business. We do not at this time have a full definition of
the other uses but they would conform with the C-1 zoning district for the remainder of the
project and is certainly subject to all of the large scale development process ahead of it.
The surrounding property to the west is all turned commercial. There is no doubt that this
is a commercial corridor so if there are other questions I will be glad to answer them.
Estes: Thank you Mr. Hull. Is there any member of the audience that would like to offer public
comment on this rezoning request 02-2.00? Seeing none, I 'll bring it back to the
Commission for discussions, comments and motions.
Motion:
Marr: I will recommend approval for RZN 02-2.00 because this is the only method today under
which we can deal with this. I do want to reiterate, I think at agenda session one of the
things that I asked and I think that you actually formally requested it that we address this
as an agenda item tonight to have the ability to draft something to present to the City
Planning Commission
January 14, 2002
Page 26
Council with our City Attorney that allows us to do conditional use liquor stores in a C- 1
so we don't have to change the zoning to be able to do that. Since this is our remedy
today and I certainly think it is appropriate in this corner I will move for approval.
Estes: We have a motion by Commissioner Marr to recommend approval of RZN 02-2.00 is
there a second?
Hoffman: I'll second.
Estes: We have a second by Commissioner Hoffman is there any discussion? We have a motion
by Commissioner Marr and a second by Commissioner Hoffman to recommend approval
of RZN 02-2 are there any comments, questions for the applicant or any farther
discussion? Renee, would you call the roll please?
Roll Call: Upon the completion ofroll call the motion to forward RZN 02-2.00 was approved by a
vote of 9-0-0.
Estes: The motion passes by a unanimous vote and will be forwarded onto the Fayetteville City
Council for its determination and consideration. Thank you Mr. Hull.
Williams: I will say that when this does go before the City Council I will also pass on your
recommendation that this can be done by a conditional use and if the City Council seems
to be of the mind to do that then we will present an ordinance to that effect.
Estes: Thank you Mr. Williams.
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 P
C
THRU: Tim Conklin, A.I.C.P., City Planner 0
DATE: January 7, 2002
RZN 02-2.00: Rezoning (Bethell, pp 177) was submitted by Craig Hull of Nickle-Hill Group,
Inc. on behalf of Andy Bethell for property located at the northeast comer of Joyce Blvd. and
Crossover Road. The property is zoned C- 1 , Neighborhood Commercial and contains
approximately 1 .94 acres. The request is to rezone to C-2, Thoroughfare Commercial.
RECOMMENDATION:
Staff recommends approval of the requested rezoning subject to the Bill of Assurance
offered by the applicant which restricts the uses allowed on this property to those
permitted in the C-1 zoning district and including the use of the property for a liquor store,
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:IUSERSICOMMONWA f{Nr1REPORTSIPC11002 REPORTYBETHELL RZN01-AOC
BACKGROUND:
The subject property is currently vacant. It is surrounded on three sides by streets
designated as principal arterials (Joyce Blvd. and Crossover Rd.) and a collector street
(Joyce Blvd.) on the City's Master Street Plan. The Future Land Use Plan calls this area
out as part of a Community Commercial node surrounding the intersection of Crossover
Rd. and Joyce Blvd.
The applicant is requesting that this tract be rezoned from C-1 , Neighborhood Commercial
to C-2, Thoroughfare Commercial. The proposal is to develop the property to include a
liquor store in addition to other uses which have not been determined at this time. A Bill of
Assurance has been drafted in which the proposes to limit the uses permitted on this site to
those uses allowed in the C-1 district including the additional use of a liquor store.
In this area, the only C-2 zoned property is located west of the subject property and was
recently rezoned with a Bill of Assurance offered by the applicant that restricts the uses of
the property to those permitted in the C-1 district and a liquor store.
SURROUNDING LAND USE AND ZONING
North: Vacant, A- 1
South: Vacant, R-O
East: Vacant, A-1
West: Gas Station / C-store / Car wash, CA
INFRASTRUCTURE:
This site is served by several streets designated on the City's adopted Master Street Plan as
higher level traffic-ways. Joyce Blvd. west of the property is classified as a principal arterial and
has recently been improved through a City CIP project. Crossover Road which runs north-south
along the western property line is a state highway (Hwy 265) and is classified on the City' s
Master Street Plan as a principal arterial. Joyce Blvd. is proposed on the City's plan to be
extended to the east in the future. Currently, the section of Joyce Blvd. which runs north along
the east side of the subject property, is not improved and will need to be reviewed at the time of
development of this site.
Water and sewer are both located along Crossover Rd. Extension of utilities to serve this site
will be the responsibility of the developer.
H:IUSERSICOMMOMDAW71REPOR7SIPC0002 REPORT"ETHELL RZN02-IDOC
® 0
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.
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 area is a
designated commercial node on the City's adopted Future Land Use Plan.
The request for C-2 zoning is consistent with that plan which shows this area
to develop with Community Commercial land uses.
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 in that the proposed change is in
keeping with the City's adopted Future Land Use Plan. Aside from a small
tract immediately west of the subject property, which was recently rezoned
with a Bill of Assurance offered by the applicant to limit the use of the
property to a liquor store and all uses allowed in the C-1 district, there is no
C-2 zoning in this part of the City. The closest C-2 zoned property is located
approximately one mile west on Joyce Blvd. While the existing C-1 zoning on
this property allows for a variety of neighborhood commercial services, a
liquor store specifically requires C-2 zoning.
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. This property is located at the intersection of two streets
designated on the City's Master Street Plan to carry large volumes of traffic.
The intersection is signalized which will aid in the traffic movements to and
from this site.
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.
H:IUSE)MCOMMOMDA WNnREPOR73IPC0002 REPORTSWETHELL RZN02-2DOC