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Home My WebLink AboutOrdinance 4403 ORDINANCE NO, 4403 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 02- 14.00 FOR A PARCEL CONTAINING APPROXIMATELY 2.80 ACRES LOCATED AT THE NORTHEAST CORNER OF CROSSOVER (HWY 265) AND EAST ZION ROAD, FAYETTEVILLE, ARKANSAS,AS SUBMITTED BY RAYMOND SMITH ON BEHALF OF JOHN AND JANET KESNER. 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 A- 1 , Agricultural to R-O, Residential Office 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 181h day of June, 2002. APPROVED: By: E Fy E l f t le DAN COODY, Mayor ! rest e zl� 3✓' o � Cn aodruff, City Cler co o 0 W � c ' CO bg � �' C a C: a m .o C) r � 20021713n 3 . • Ord . 4403 EXHIBIT "A" A PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW '/4) OF SECTION 19, TOWNSHIP 17 NORTH, RANGE 29 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE SOUTH 00 29 27 WEST ALONG THE WEST LINE OF SAID 40 ACRE TRACT 648.75 FEET TO THE POINT OF BEGINNING, FROM WHICH AN EXISTING IRON REFERENCE ON AN AGREED BOUNDARY LINE (BK. 1309-570) BEARS SOUTH 8904514199EAST 2.85 FEET; THENCE SOUTH 89 45 41 EAST ALONG AGREED BOUNDARY LINE 695 .09 FEET; THENCE SOUTH 00 21 03 WEST 161 .64 FEET; TO A POINT IN THE CENTER OF ZION ROAD; THENCE ALONG THE CENTERLINE OF ZION ROAD THE FOLOWING BEARINGS AND DISTANCES; SOUTH 88 03 31 WEST 544. 50 FEET; THENCE SOUTH 86 46 10 WEST 151 .78 FEET TO A POINT ON THE WEST LINE OF SAID FORTY ACRE TRACT, AND FROM WHICH A SET REFERENCE IRON ON THE NORTH RIGHT OF WAY OF ZION ROAD BEARS NORTH 00 29 27 EAST 30.06 FEET; THENCE NORTH 00029 27 EAST 191 .54 FEET TO THE POINT OF BEGINNING, CONTAINING 2. 80 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS, BEING SUBJECT TO THAT PORTION WHICH LIES IN A COUNTY ROAD OF THE HEREIN DESCRIBED TRACT. 2 00 217 1 ? 84 I, Bette Stamps, Circuit Clerk and Ex-offido Recorder for Washington County, Arkansas do hereby certify that this Instrument was filed for reoard 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 hweunto set my hand and on, Mad hereon, the seal of said Court on the date inck Bette Stamps Circuit Cler cio Recorder by NAME OF FILE: Ordinance No. 4403 CROSS REFERENCE: 06/18/02 Ordinance No. 4403 Exhibit "A" (RZN 02- 14.00) 05/31/02 Planning Division Correspondence 05/28/02 Planning Commission Minutes (Pages 6-8) 06/18/02 Staff Review Form 06/19/02 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City Clerk NOTES: a ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 02 - 14 . 00 FOR A PARCEL CONTAINING APPROXIMATELY 2 . 80 ACRES LOCATED AT THE NORTHEAST CORNER OF CROSSOVER ( HWY 265 ) AND EAST ZION ROAD , FAYETTEVILLE , ARKANSAS , AS SUBMITTED BY RAYMOND SMITH ON BEHALF OF JOHN AND JANET KESNER . 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 A-1 , Agricultural to R-O, Residential Office 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 12002. APPROVED: p'FI By: DR DAN COODY, Mayor ATTEST: O By: Heather Woodruff, City Clerk EXHIBIT "A" A PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW '/e) OF SECTION 19, TOWNSHIP 17 NORTH, RANGE 29 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE SOUTH 00 29 27 WEST ALONG THE WEST LINE OF SAID 40 ACRE TRACT 648.75 FEET TO THE POINT OF BEGINNING, FROM WHICH AN EXISTING IRON REFERENCE ON AN AGREED BOUNDARY LINE (BK. 1309-570) BEARS SOUTH 89°45 '41 "EAST 2.85 FEET; THENCE SOUTH 89 45 41 EAST ALONG AGREED BOUNDARY LINE 695.09 FEET; THENCE SOUTH 00 21 03 WEST 161 .64 FEET; TO A POINT IN THE CENTER OF ZION ROAD; THENCE ALONG THE CENTERLINE OF ZION ROAD THE FOLOWING BEARINGS AND DISTANCES; SOUTH 88 03 31 WEST 544.50 FEET; THENCE SOUTH 86 46 10 WEST 151 .78 FEET TO A POINT ON THE WEST LINE OF SAID FORTY ACRE TRACT, AND FROM WHICH A SET REFERENCE IRON ON THE NORTH RIGHT OF WAY OF ZION ROAD BEARS NORTH 00 29 27 EAST 30.06 FEET; THENCE NORTH 00°29 27 EAST 191 .54 FEET TO THE POINT OF BEGINNING, CONTAINING 2.80 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS, BEING SUBJECT TO THAT PORTION WHICH LIES IN A COUNTY ROAD OF THE HEREIN DESCRIBED TRACT. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 02 - 14 . 00 FOR A PARCEL CONTAINING APPROXIMATELY 2 . 80 ACRES LOCATED AT THE NORTHEAST CORNER OF CROSSOVER ( HWY 265 ) AND EAST ZION ROAD , FAYETTEVILLE , ARKANSAS , AS SUBMITTED BY RAYMOND SMITH ON BEHALF OF JOHN AND JANET KESNER . 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 A-1 , Agricultural to R-O, Residential Office 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: �♦� DR r By: DAN COODY, Mayor ATTEST: ♦t ORP ` By: Heather Woodruff, City Clerk EXHIBIT "A" A PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 19, TOWNSHIP 17 NORTH, RANGE 29 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE SOUTH 00 29 27 WEST ALONG THE WEST LINE OF SAID 40 ACRE TRACT 648.75 FEET TO THE POINT OF BEGINNING, FROM WHICH AN EXISTING IRON REFERENCE ON AN AGREED BOUNDARY LINE (BK. 1309-570) BEARS SOUTH 89°45 '41 "EAST 2.85 FEET; THENCE SOUTH 89 45 41 EAST ALONG AGREED BOUNDARY LINE 695 .09 FEET; THENCE SOUTH 00 21 03 WEST 161 .64 FEET; TO A POINT IN THE CENTER OF ZION ROAD; THENCE ALONG THE CENTERLINE OF ZION ROAD THE FOLOWING BEARINGS AND DISTANCES; SOUTH 88 03 31 WEST 544.50 FEET; THENCE SOUTH 86 46 10 WEST 151 .78 FEET TO A POINT ON THE WEST LINE OF SAID FORTY ACRE TRACT, AND FROM WHICH A SET REFERENCE IRON ON THE NORTH RIGHT OF WAY OF ZION ROAD BEARS NORTH 00 29 27 EAST 30.06 FEET; THENCE NORTH 00°29 27 EAST 191 .54 FEET TO THE POINT OF BEGINNING, CONTAINING 2.80 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS, BEING SUBJECT TO THAT PORTION WHICH LIES IN A COUNTY ROAD OF THE HEREIN DESCRIBED TRACT. FAYETTEVILLE 0 THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM: Tim Conklin, A.I.C.P., City Planner THRU: Hugh Earnest, Urban Development Director DATE: May 31 , 2002 BACKGROUND RZN 02- 14.00 was submitted by Raymond Smith, Attorney, on behalf of John & Janet Kesner for property located at the northeast comer of Crossover (Hwy 265) and East Zion Road. The property is zoned A- 1 , Agricultural and contains approximately 2.80 acres. The request is to rezone to R-O, Residential Office. It is surrounded by single family homes on large tracts of property, all zoned A- 1 . The Elks Lodge is located across Zion Road to the south. The applicant has requested this rezoning with the intention of developing a funeral home with a crematory. A funeral home is a use which is permitted by right within the R-O, Residential Office zoning district. However, the crematory is only permitted within the A- 1 , Agricultural district. This request will rezone a portion of the property that the applicant intends to develop which will leave part of the property properly zoned for the crematory on the site. CURRENTSTATUS Staff recommended the rezoning and the Planning Commission voted 5-0- 1 to recommend the rezoning to the City Council. RECOMMENDATION Staff and the Planning Commission recommend approval of the requested rezoning. a 0 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 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: May 22, 2002 RZN 02-14.00: Rezoning (Kesner, pp 99) was submitted by Raymond Smith, Attorney on behalf of John & Janet Kesner for property located at the northeast comer of Crossover (Hwy 265) and East Zion Road. The property is zoned A- 1 , Agricultural and contains approximately 2.80 acres. The request is to rezone to R-O, Residential Office. 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: May 28, 2002 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: June 18, 2002 (1't reading — if recommended) H:IUSERSICOMMONIDA HN71REPOR7SIPCI7001 REPOR7SIKESNER RZN02-I,DOC Comments: BACKGROUND: The subject property is located at the northeast corner of Zion Road and Crossover Road (Hwy 265). It is surrounded by single family homes on large tracts of property, all zoned A-1 . The Elks Lodge is located across Zion Road to the south. The applicant has requested this rezoning with the intention of developing a funeral home with a crematory. A funeral home is a use which is permitted by right within the R-O, Residential Office zoning district, however the crematory is only permitted within the A- 1 , Agricultural district. This request will rezone a portion of the property that the applicant intends to develop which will leave part of the property properly zoned for the crematory on the site. SURROUNDING LAND USE AND ZONING North: Single family residence, A- 1 South: Elks Lodge, A- 1 East: Single family residence, A- 1 West: Vacant, A- 1 INFRASTRUCTURE: Access for this site is from Zion Rd. which is classified a collector on the City's Master Street Plan. This street is not currently constructed to the MSP standards. The condition of the street as well as the impact of any proposed development will have to be evaluated at the time of large scale development review. Crossover Rd. (Hwy 265), designated a principal arterial, also adjoins the site. Right of way dedication will be required in order for both adjoining streets to meet minimum requirements. Improvements to Zion Road and Crossover Road will be reviewed and determined at the time of development review. An existing 12" water line is located along the south side of Zion Road. A 4" force main provides sewer service along the east side of Crossover Road adjacent to the site. These utilities will be reviewed at the time of any development proposal to determine whether upgrades, extensions or new lines will be required. H:IUSERSICOMMOMDA WN7IREPORTSIPCI2002 REPOR7SIKESNER RZN02-I4)OC LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property to R-O, Residential Office is consistent with the land use plan and compatible with surrounding land uses in the area. FINDINGS OF THE STAFF I . 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. The adopted General Plan 2020 has designated this area Residential. The Residential Office district provides for both residential and limited professional office services which are appropriate in this area. The property is located at an intersection on a major north/south principal arterial which will become more prominent as additional property in the area develops. This zoning designation will allow for the establishment of uses which can serve the residential neighborhoods which have recently been developed and are beginning to build out north and east of the subject property. This zoning will also provide a transition between the principal arterial (Hwy 265) and the residential uses to the east. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: While there is a limited amount of existing, undeveloped property within the R-O zoning district in this general area, none of the lots which have been created within the Millennium Place or Stonewood Subdivisions lends itself to the use proposed by the applicant. The use of this property for a funeral home with a crematory requires that adjoining property within the A-1 zoning district be available to accommodate the crematory which is not a permitted use in the R-O district. 3 . A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning should not create or appreciably increase traffic danger and congestion. A large scale development project will be reviewed by staff and the Planning Commission to determine what improvements or assessments will be necessary to provide the infrastructure necessary to accommodate the proposed project. Improvements to Zion Rd., among other things, will certainly be discussed at that time. 4. A determination as to whether the proposed zoning would alter the population density H:IUSERSICOMMOMDA6N71REPOR7SIPC0001 REPOR7SIKESNER RZN01-10OC 0 0 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 N: USERS\COMMOMDA HNTREPORTS\PCI2002_REPORTSIKESNER_RZN02-lHOC a CURRENT OWNERSHIP INFORMATION AND ANY PROPOSED OR PENDING PROPERTY SALES Assessor's Parcel Number 765-13211-000, P/O SE1/4,NW1/4, S19, T17N, R29W, (3.12 acres). Current owners are John & Janet Kesner. Pending Sale to Scott Berna, Nelson Berna Funeral Home and Crematory. REASON FOR REQUESTED ZONING CHANGE Parcel Number 765-13211-000, currently A-1, will be used to build a funeral home and crematory, with the parcel rezoned to R -O with the exception of the crematory which will remain zoned as A -I. LAND DEVELOPMENT The development of this parcel into a funeral home and crematory is consistent with the land use of the surrounding area in appearance, signage and minimum impact on traffic flow. WATER/SEWER ACCESS 4 FORCED MAIN SEWER LINE ALONG EAST SIDE OF Highway 265(Crossover Road). 12" WATER LINE ALONG THE SOUTH SIDE OF East Zion Road. a II DEGREE TO WHICH PROPOSED ZONING IS CONSISTENT WITH LAND USE PLANNING OBJECTIVES. Rezoning parcel 765-13211-000 from A-1 to R -O with the exception of the crematory is in harmony with and consistent with the Fayetteville Land Use Planning Objectives. JUSTIFICATION FOR PROPOSED ZONING Proposed zoning change to R -O is justified and needed in order to develop the parcel into a funeral home and crematory (part of the building). TRAFFIC CONSIDERATIONS The proposed zoning change will not create an appreciably increase in traffic danger and congestion along Crossover Road, and will help alleviate the traffic danger and congestion at the present location of the funeral home at North College Avenue and Joyce Boulevard. POPULATION DENSITY CONSIDERATIONS Population density will not be altered undesirably and minimal or no increase or impact on public services including school, water or sewer facilities. USE OF LAND UNDER EXISTING ZONING CLASSIFICATION Existing A -I zoning classification severely restricts use of the land for further development and inconsistent with Land Use Planning Objectives. 0 Ci 'NO2-14.00 KESNER Close Up View A -t Overview 9 Al SUBJECT PROPERTY Legend SPC°n 1:03 aY pia Master Street Plan — —1 Cay Units ® RZN02-14.CO Streets = FreewayiE>qr•aawal _ _ OuW W city Q 9Wanga — E4sbng F._ Rindpal Analal O lakes 11111111 Ranee •sm M u Mtenal Cdbaa •ee• Ittcdc Couamr --- RaringM I_Iz 0 75 150 300 450 600 Feet R-1 0 0 1 Future Landuse KESNER I.... -.\ .'\:.. -N ... . I? _ ... _ ..... .... Overview Legend Boundary w Subject Pro e J PrtY .. .. _ ; ¶ Streets '• Planning Area RZN02-14.00 Existing 000000g S a o o Overlay District t- W /Planned moo 0000 City Limits _ � ai — 0 75 150 300 450 600 Feet One Mile View rivPrvipw YE7TEVLLE KE SNER R-1 SUBJECT PROPERTY _ - JIB_ ��-� omn,i%� In,i.'... ta 11 Wjp _ aWin. ____ Legend Boundary Subject Property J.'` / Planning Area Master Street Plan RZN02-14.00 0000000 Freeway/Exeriay 0 o Overlay District , "" Streets 0000000 tea. Principal Artal erial I___ I City Limits ym;� " `vo MinorArterialial �i Existing Planned Outside City 40 % 0 Collector • '�\ Historic Collector 0 0.125 0.25 0.5 0.75 1 Miles Planning Commission • • May 28, 2002 Page 6 RZN 02-14.00: Rezoning (Kesner, pp 99) was submitted by Raymond Smith, Attorney on behalf of John & Janet Kesner for property located at the northeast corner of Crossover (Hwy 265) and East Zion Road. The property is zoned A-1, Agricultural and contains approximately 2.80 acres. The request is to rezone to R -O, Residential Office. Hoffman: Item four on our agenda is RZN 02-14.00, this is a rezoning for Kesner which was submitted by Raymond Smith, Attorney, on behalf of John and Janet Kesner for property located at the northeast corner of Crossover, Hwy. 265 and Zion Road. The property is zoned A-1, Agricultural and contains approximately 2.80 acres. The request is to rezone to R -O, Residential Office. Estes: It will be necessary that I recuse from this item. Hoffman: Is the applicant present? Smith: My name is Raymond Smith, I am the attorney representing the Kesners on this application. Hoffman: Mr. Smith, do you have a presentation that you would like to make to us or do you just prefer to answer questions? Smith: Briefly, this is to rezone approximately 2.8 acres. It is located at the corner of Hwy. 265, Crossover Road and E. Zion Road. The reason for the request to rezone this property is that it is under a contract from the Kesners with Scott Berna of Berna Nelson Funeral Home subject to the rezoning approval by the City to construct a new funeral home there at that location for the one that is presently located south of the mall. It will have a crematory in it which will remain A-1 and the remainder of the property will be rezoned to R -O, Residential property. Hoffman: Thank you very much. We toured the site on our agenda session and I was wondering if staff had any background for this. Conklin: This proposed site is immediately north of the Elks Lodge on Zion Road and Hwy. 265. The funeral home requires R -O and the crematory is required to be in A-1. They are requesting the R -O zoning to establish the funeral home. Hoffman: I realize that we have a couple of Commissioners absent and I do believe that a rezoning does require five positive votes and there are five Commissioners here. Let me make you aware of that. Would you like to continue with this hearing or postpone it? Planning Commission • • May 28, 2002 Page 7 Smith: We would request to continue this hearing. Hoffman: I will take public comment. Is there anybody here that would like to address us on this rezoning? Seeing none, I will bring it back to the Planning Commission and to the applicant for further discussion. Bunch: A question for staff. Tim, on the A-1 zoning, is that more or less a floating zoning to be determined where the crematory is built or how do we address that on the public record? Conklin: They provided us a legal less and except that part where they are planning to build the crematorium. This is a little unusual because the zoning ordinance specifically states crematoriums in A-1, this property is A-1. Then the zoning ordinance specifically states funeral home in R -O. There is not much latitude to move around. It is very specific as to what can be in A-1 and R -O. That is why we are looking at rezoning this to R -O and leaving this area A-1, which allows for the crematory. Allen: I wondered whether or not you have heard from any of those people that live in the surrounding area one way or the other? Conklin: We have not heard from any of them. Allen: Ok, thank you. Hoffman: It is my understanding that the home adjacent to the property is the seller. Smith: That is correct. Hoover: Since we haven't had a funeral home come up since I've been on the Commission, usually where are they placed? Conklin: The most recent one we have is the one on Happy Hollow and Huntsville Road, Beards Funeral Home, that is located in a C-2 zoning district. We have Moore's over here on Center Street and Nelson is out by the mall. Hoover: It sounds like they are usually in a commercial zoning. I am just curious if a funeral home doesn't impair a residential subdivision from going in here. Conklin: The Planning Commission did rezone the front portion of Stonewood Subdivision R -O just north of this site, a half mile up or so. R -O zoning has been established in that area along Hwy. 265. To answer your question, I am not sure what the most ideal location is. I have to question sometimes having one in a regional commercial shopping center in Planning Commission • • May 28, 2002 Page 8 Fayetteville. I know that was established a long time ago but whether or not that is the most appropriate use at that location. Hoover: I guess I should consider that it will have to come back through large scale development correct? Conklin: That is correct. At that time staff will address issues with onsite and offsite improvements and specifically with regard to Zion Road and curb cuts onto Zion Road and Hwy. 265 where improvements will be necessary in that location. Motion: Bunch: I move that we recommend RZN 02-14.00 for approval to the City Council. Hoffman: We have a motion by Commissioner Bunch, I will go ahead and second. Is there any further discussion? Renee, would you call the roll please? Roll Call: Upon the completion of roll call the motion to forward RZN 02-14.00 was approved by a vote of 5-0-1 with Commissioner Estes abstaining. Hoffman: The motion carries on a vote of five with one recusal. Thank you very much. Smith: Thank you. Virginia Thomspon 3274 East Zion Road Springdale, AR 72764 765-13211-001 _ J Benevolent Building Company c/o Regina R. Young, CPA 501 E. Maple Street Fayetteville, AR 72701 765-13212-000 Hannah Ferguson Lee 4553 Crossover Springdale, AR 72764 765-13215-000 John & Janet Kesner 4550 Crossover Road Springdale, AR 72764 765-13209-001 Li STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of June 18, 2002. FROM: Tim Conklin Planning Urban Development Name Division Department ACTION REQUESTED: To approve an ordinance for RZN 02-14.00 as submitted by Raymond Smith on behalf of John & Janet Kesner for property located at the northeast corner of Crossover (Hwy 265) and East Zion Road. The property is zoned A-1, Agricultural and contains approximately 2.80 acres. The request is to rezone to R -O, Residential Office. COST TO CITY: $0 Cost of this request Account Number Category/Project Budget Funds used to date Project Number Remaining balance Category/Project Name rogram Name BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Administrative Services Director Budget Coordinator CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Ac tin Manager Date ADA Coordinator Date aZ City ney Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION: Staff recommended approval and on May 28, 2002 the Planning Commission voted 5-0-1 to recommend the rezoning be approved by the City Council. T Dat fJ 6_ .per Date �� s a e Di Date Cone4 k1tD Pvs)Aa5 Cross Reference New Item: Yes No Prev Ord/Res#: Orig Contract Date: STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of June 18, 2002. FROM: Tim Conklin Planning Name Division Urban Development Department ACTION REQUESTED: To approve an ordinance for RZN 02-14.00 as submitted by Raymond Smith on behalf of John & Janet Kesner for property located at the northeast corner of Crossover (Hwy 265) and East Zion Road. The property is zoned A-1, Agricultural and contains approximately 2.80 acres. The request is to rezone to R -O, Residential Office. COST TO CITY: $0 Cost of this request Account Number Category/Project Budget Funds used to date Project Number Remaining balance Category/Project Name Program Name Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Services Director Budget Coordinator Administrative CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accounting Manager Date ADA Coordinator Date City Attorney Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION: Staff recommended approval and on May 28, 2002 the Planning Commission voted 5-0-1 to recommend the rezoning be approved by the City Council. Head Date Department Director Date Administrative Services Date Director Mayor Date Cross Reference New Item: Yes No Prev Ord/Res#: Orig Contract Date: FAYETTEVItLE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin, Planning Division From: Heather Woodruff, City Clerk Date: June 19, 2002 Please find attached a copy of Ordinance No.4403-02 rezoning that property described in Rezoning Petition RZN 02-14.00 for a parcel containing approximately 2.80 acres located at the Northeast comer of Crossover (Hwy 265) and East Zion Road, as submitted by Raymond Smith on behalf of John & Janet Kesner. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit Hugh Earnest, Urban Development NORTHVWST ARKANSAS IITION 4,•€� RTii fl11 .I� (,«i a -r• IOU AFFIDAVIT OF PUBLICATION I, , do solemnly swear that I am Leg I Clerk of the Arkansas Democrat -Gazette newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, the advertisement of: Y "YCJ was inserted Publication Charge: $ I/F Subscribed and sworn to before mmeftVhis day of l e , 2002. Int Notary Public =davi. eal My Comnhission-LEN A(KaP tM COUNTY res 11-05.2011 '* PleaseavI . An invoice will be sent. RECFIvvrn NOV 1 3 2002 CITYOF&-,,. _E CITY CLERK'S OFFICE in the regular editions on ORDINANCE NO. 4403 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 02-14.00 FOR A PARCEL CONTAINING APPRO) MATELY 2.80 ACRES LOCATED AT THE NORTHEAST CORNER OF CROSSOVER (HWY 265) AND EAST ZION ROAD, FAYETTEVILLE. ARKANSAS.AS SUBMITTED BY RAYMOND SMITH ON BEHALF OF JOHN AND M• •1 Fayetteville JANET' KEENER. BE R ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ARKANSAS: Section 1: That the zone dea4Mstbn d the faeoeirg Oeso red property Is hereby Chanced ro blows: Fran A-1. Aprbdtural to R -O, Resdartbl Office as shown in E4*0 A enacted hereto and made a pet hereof. That the oflbld zorirg map of the City of Fayeltevle. AOmreee, Is hereby mended to rated dwge praAded h Section I above. HE SOUTHEAST QUARTER (SE J OFTHE NORTHWEST QUARTER 11P 17 NORTH. RANGE 29 WEST. BEING MORE PARTICULAR COMMENCING AT THE NORTHWEST CORNER OF SAID 40 ACf THE WEST UNE OF SAID FO'. THE NORTH RIGHT OF WAY NORTH 00°29 27 EAST 191.54 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 4'42-1700