HomeMy WebLinkAboutOrdinance 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
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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