HomeMy WebLinkAboutOrdinance 4408 ORDINANCE NO. 4408
AN ORDINANCE NULLIFYING, REVOKING AND
REPLACING REZONING ORDINANCE NO. 4403.
WHEREAS, Ordinance No. 4403 rezoned that property described in
rezoning petition RZN 02-14.00 for a parcel containing approximately 3.12 acres
located at the Northeast corner of Crossover and East Zion Road from A-1,
Agricultural to R-O, Residential Office; and
WHEREAS, changes in the location of the crematorium within the
development have caused the need to amend the original legal description for
that portion of the property to remain A-1, Agricultural.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . That Ordinance No. 4403 is hereby nullified, revoked, and
replaced and the property described therein as set out in Exhibit A attached
hereto is hereby changed as follows:
From R-O, Residential Office to A-1, Agricultural.
Section 2. That the official zoning map of the City of Fa v7
r
Arkansas, is hereby amended to reflect the zoning change in Section 1 ab Z . o mo
6
PASSED and APPROVED this the 161h day of July, 2002. � G' o0 0
Do
APPRO D: "a c- ='r rn
0
By: y n
DAN COODY, Mayor
"i
ATTEST:
BY:
City Clerk
tp � CSL
2C _D2 71 ? g9
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RZN 02- 14. 1
EXHIBIT "A"
DESCRIPTION OF REZONING FROM A- 1 TO R-0
A PART OF THE SE '/a OF THE NW '/< AND A PART OF THE SW % OF THE NW '/a
OF SECTION 19, T- 17-N, R-29-W DESCRIBED AS COMMENCING AT THE NE
CORNER OF SAID SE '/a OF THE NW 1 /4; THENCE SO'21 '03"W 687.76 FEET;
THENCE ALONG AN AGREED BOUNDARY LINE, N 89045 '41 "W 621 .58 FEET TO
A FOUND IRON PIN; THENCE SO°21 '03"W 161 .64 FEET; THENCE ALONG
CENTERLINE OF EAST ZION ROAD, S88003 '31 "W 544.62 FEET; THENCE S 86°
46' 1 0"W 149.08 FEET; THENCE ALONG EAST RIGHT-OF-WAY OF ARKANSAS
HIGHWAY NO. 265 N1 °02 '50"W 211 .42 FEET TO A SET IRON PIN; THENCE S
89045 '41 "E 698. 15 FEET TO A SET IRON PIN; THENCE S 0°21 '03"W 20.00 FEET,
TO THE POINT OF BEGINNING, CONTAINING 3 . 12 ACRES, MORE OR LESS,
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS.
SAID TRACT SUBJECT TO 35 FEET OF RIGHT OF WAY FOR EAST ZION ROAD
ON THE SOUTH SIDE THEREOF.
LESS AND ACCEPT TO REMAIN A- 1
A PART OF THE SE '/e OF THE NW '/a OF SECTION 19, TOWNSHIP 17 N. RANGE
29 W, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT THE NE CORNER OF THE SE '/4 OF THE NW %4 OF SAID
SECTION 19; THENCE SOUTH 00°21 '03" WEST 687.76 FEET; THENCE NORTH
89°45 ' 41 " WEST 621 .58 FEET; THENCE NORTH 00°21 '03" EAST 20.00 FEET;
THENCE NORTH 89045141 " WEST 499.26 FEET; THENCE SOUTH 11 . 19 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE SOUTHERLY ALONG SAID
LINE, A DISTANCE OF 22.25 FEET; THENCE WEST 9.33 FEET; THENCE NORTH
22.25 FEET; THENCE EAST 9.33 FEET TO THE POINT OF BEGINNING,
CONTAINING 207.37 SQUARE FEET.
2Q 021713490
11 Bette Stamps, Clrcult Clark and Ex•off cio Recorder
for Washington County, kkanaes, do hereby certify
that this Instrument was filed for record 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 thereron.
IN WITNESS WHEREOF, I have hereunto s^t my
hand and affixed the s ' of said Court on the date indi-
cated hereon.
Bene Ste s
Circ ark a d io Recorder
by
0 0
NAME OF FILE: Ordinance No. 4408
CROSS REFERENCE:
07/16/02 Ordinance No. 4408
Exhibit "A" (RZN 02- 14.00/Ordinance No. 4403)
07/03/02 Planning Division Correspondence to Mayor Coody
06/18/02 Copy of Ordinance No. 4403
06/18/02 Copy of Staff Review Form
05/31/02 Plamiing Division Correspondence to Mayor Coody and Fayetteville City
Council
05/22/02 Planning Division Correspondence to Fayetteville Planning Commission
07/16/02 Staff Review Form
07/18/02 Memo to Tim Conklin, City Planner, from Heather Woodruff, City Clerk
NOTES :
ORDINANCE NO .
AN ORDINANCE NULLIFYING AND REVOKING
REZONING ORDINANCE NO . 4403 .
WHEREAS , Ordinance No . 4403 rezoned that property
described in rezoning petition RZN 02 - 14 . 00 for a parcel
containing approximately 3 . 12 acres located at the Northeast
corner of Crossover and East Zion Road from A- 1 ,
Agricultural to R - O , Residential Office ; and
WHEREAS , changes in the location of the crematorium
within the development have caused the need to amend the
original legal description for that portion of the property
to remain A- 1 , Agricultural .
NOW THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE , ARKANSAS :
Section 1 . That Ordinance No . 4403 is hereby nullified ,
revoked , and replaced and the property described therein as
set out in Exhibit A attached hereto is here by changed as
follows :
From R- O , Residential Office to A- 1 , Agricultural .
Section 2 . That the official zoning map of the City of
Fayetteville , Arkansas , is hereby amended to reflect the
zoning change in Section 1 above .
PASSED AND APPROVED this day of 2002
APPROVED :
By :
Mayor Coody
ATTEST :
By . DRAF
Heather Woodruff , City Clerk
0
ORDINANCE NO .
AN ORDINANCE NULLIFYING AND REVOKING
REZONING ORDINANCE NO . 4403 .
WHEREAS , Ordinance No . 4403 rezoned that property
described in rezoning petition RZN 02 - 14 . 00 for a parcel
containing approximately 3 . 12 acres located at the Northeast
corner of Crossover and East Zion Road from A- 1 ,
Agricultural to R - O , Residential Office ; and
WHEREAS , changes in the location of the crematorium
within the development have caused the need to amend the
original legal description for that portion of the property
to remain A- 1 , Agricultural .
NOW THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE , ARKANSAS :
Section 1 . That Ordinance No . 4403 is hereby nullified ,
revoked , and replaced and the property described therein as
set out in Exhibit A attached hereto is here by changed as
follows :
From R - O , Residential Office to A- 1 , Agricultural .
Section 2 . That the official zoning map of the City of
Fayetteville , Arkansas , is hereby amended to reflect the
zoning change in Section 1 above .
PASSED AND APPROVED this day of 2002
APPROVED : ���
By : pR
Mayor Coody
ATTEST :
By : pRA-F
Heather Woodruff , City Clerk
e
RZN 02-14. 1
EXHIBIT "A"
DESCRIPTION OF REZONING FROM A- 1 TO R-0
A PART OF THE SE '/4 OF THE NW '/4 AND A PART OF THE S W '/4 OF THE NW '/4
OF SECTION 19, T-17-N, R-29-W DESCRIBED AS COMMENCING AT THE NE
CORNER OF SAID SE /40F THE NW 1/4; THENCE SO'21 '03"W 687.76 FEET;
THENCE ALONG AN AGREED BOUNDARY LINE, N 89°45 '41 "W 621 .58 FEET TO
A FOUND IRON PIN; THENCE SO°21 '03"W 161 .64 FEET; THENCE ALONG
CENTERLINE OF EAST ZION ROAD, S88°03 "31 "W 544.62 FEET; THENCE S 86`
46 ' 1 0"W 149.08 FEET; THENCE ALONG EAST RIGHT-OF-WAY OF ARKANSAS
HIGHWAY NO. 265 NI `02 '50"W 211 .42 FEET TO A SET IRON PIN; THENCE S
89945 '41 "E 698. 15 FEET TO A SET IRON PIN; THENCE S 0°21 '03"W 20.00 FEET,
TO THE POINT OF BEGINNING, CONTAINING 3 . 12 ACRES, MORE OR LESS,
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS.
SAID TRACT SUBJECT TO 35 FEET OF RIGHT OF WAY FOR EAST ZION ROAD
ON THE SOUTH SIDE THEREOF.
LESS AND ACCEPT TO REMAIN A- 1
A PART OF THE SE /40F THE NW '/4 OF SECTION 19, TOWNSHIP 17 N. RANGE
29 W, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT THE NE CORNER OF THE SE /40F THE NW Y4 OF SAID
SECTION 19; THENCE SOUTH 00`21 '03" WEST 687.76 FEET; THENCE NORTH
89045 ' 4111 WEST 621 .58 FEET; THENCE NORTH 00'21 '03" EAST 20.00 FEET;
THENCE NORTH 89`45 '41 " WEST 499.26 FEET; THENCE SOUTH 11 . 19 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE SOUTHERLY ALONG SAID
LINE, A DISTANCE OF 22.25 FEET; THENCE WEST 9.33 FEET; THENCE NORTH
22.25 FEET; THENCE EAST 9.33 FEET TO THE POINT OF BEGINNING,
CONTAINING 207.37 SQUARE FEET.
FAYETTEVILLE
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: July 3, 2002
BACKGROUND
This property was rezoned from A- 1 to R-O at the June 18, 2002 City Council meeting. The intent of
the rezoning was to rezone the entire tract to R-O with the exception of a small piece in which a
crematorium was to be located. The large scale development was submitted and it was discovered
that the area in which the crematorium was to be located did not fall within the remaining A- 1
district.
Therefore, the applicant is now requesting that the rezoning be amended in order to accommodate the
location of the crematorium.
CURRENTSTATUS
Staff recommended the rezoning and the Planning Commission voted 5-0- 1 to recommend the
rezoning to the City Council.
City Council approved the original request with a vote of 7-0-0.
RECOMMENDATION
Staff and the Planning Commission recommend approval of the requested ordinance to revoke
the original rezoning and to adopt the amended legal description to accommodate the final
location for the crematorium.
FAYETTEVILLE
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: July 3, 2002
BACKGROUND
This property was rezoned from A- 1 to R-0 at the June 18, 2002 City Council meeting. The intent of
the rezoning was to rezone the entire tract to R=0 with the exception of a small piece in which a
crematorium was to be located. The large scale development was submitted and it was discovered
that the area in which the crematorium was to be located did not fall within the remaining A- 1
district.
Therefore, the applicant is now requesting that the rezoning be amended in order to accommodate the
location of the crematorium.
CURRENTSTATUS
Staff recommended the rezoning and the Planning Commission voted 5-0- 1 to recommend the
rezoning to the City Council.
City Council approved the original request with a vote of 7-0-0.
RECOMMENDATION
Staff and the Planning Commission recommend approval of the requested ordinance to revoke
the original rezoning and to adopt the amended legal description to accommodate the final
location for the crematorium.
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I W
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-0, 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 18`h day of June, 2002.
APPROVED:
By: z1 L
E pY E f 14 DAN COODY, Mayor
�.,. �!
oodruff, City Cler
Ord.. 4403
EXHIBIT "A"
A PART OF THE SOUTHEAST QUARTER (SE ¼) 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
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. 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 18`s day of June, 2002.
APPROVED:
By: Z1
DAN COODY, Mayor
Ord.. 4403
EXHIBIT "A"
A PART OF THE SOUTHEAST QUARTER (SE Y,) OF THE NORTHWEST QUARTER (NW '/.)
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.
4 a
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
Program Name
BUDGET REVIEW: Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative Services Director
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.
vision Head
Date
Department Director Date
Administrative Services Date
Director
Mayor
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 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
Category/Project Name
Program Name
Project Number
Remaining balance Fund
BUDGET REVIEW:
Budgeted Item
Budget Adjustment Attached
Budget Coordinator
Administrative
Services Director
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.
-S'f/- cJ
Cross Reference
Division Head
Date
Department Director
Date
New Item: Yes No
Administrative Services
Date
Prev Ord/Res#:
Director
Mayor
' Date
Orig Contract Date:
IN 0
FAYETTEVILLE
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 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. 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.
CURRENT STATUS
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.
FAYETTEVILLE
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.LC.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 -I, 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.
CURRENT STATUS
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.
4 e
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 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.
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
May 28, 2002
CITY COUNCIL ACTION:
Required YES
O Approved O Denied
Date: June 18, 2002 (Vt reading — if recommended)
H:1 USERSICOMMOMDA WN7IREPORTSIPCI2001_REPOR7SIKESNER_RZN02-WOC
•
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 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.
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings included as
part of this report.
(PLANNING COMMISSION ACTION: Required YES -1I
O Approved O Denied
May 28, 2002
CITY COUNCIL ACTION:
Required YES
O Approved O Denied
June 18, 2002 (1't reading — if recommended)
H. I USERSICOMMOMDA WN1IREPOR7SIPCI2002_REPOR7SIKESNER_RZN01-hDOC
A
Comments:
BACKGROUND:
The subject property is located at the northeast comer 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 -I, 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.1 USERSICOMMOMDA WN7IREPORTSIPC12001_REPOR7SIKESNER_RZN02-14OC
O
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 islocated 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 revaluated 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:1 USERSICOMMOMDA NN71REPOR7SIPCI2002_REPORTSIKESNER_RZN02-1 HOC
n
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
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 -I
zoning district be available to accommodate the crematory which is not a
permitted use in the R -O district.
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:I USERSICOMMONIDA W MREPOR7SIPCI2002_REPOR7SIKESNER_RZN02-143OC
0
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
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: IUSERSICOMMONIDA WTIREPOR7SIPC11002_REPORTSIKESNER_RZN02-/43OC
46
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
H:\USEPSCOMMON\DA WNfIREPOR7SIPCI2002_REPORTSIKESNER_RZN02-i4JOC
and thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The proposed zoning will not alter population density.
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
H: t USERSICOMMOMDA WNfREPOR7SIPC12002_REPOR7SIKESNER_RZN01-1HOC
a
40
CURRENT OWNERSHIP INFORMATION
AND ANY PROPOSED OR PENDING
PROPERTY SALES
Assessor's Parcel Number 765-13211-000, P/O SE1/4,NW1/4, 519, 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-1.
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.
Road).
WATER/SEWER ACCESS
4 FORCED MAIN SEWER LINE ALONG EAST SIDE OF Highway 265(Crossover
12'" WATER LINE ALONG THE SOUTH SIDE OF East Zion Road.
• 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-1.
.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).
iT WATER LINE ALONG THE SOUTH SIDE OF East Zion Road.
CJ
do
DEGREE TO WHICH PROPOSED ZONING IS CONSISTENT WITH
LAND USE PLANNING OBJECTIVES.
Rezoning parcel 765-13211-000 from A -I 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-1 zoning classification severely restricts use of the land for further development
and inconsistent with Land Use Planning Objectives.
Li
L7
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-1 zoning classification severely restricts use of the land for further development
and inconsistent with Land Use Planning Objectives.
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STAFF REVIEW FORM
X Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of July 16, 2002.
FROM:
Tim Conklin Planning Urban Development
on
Department
ACTION REQUESTED: Toapprove an ordinance nullifying, revoking, and
replacing rezoning ordinance No. 4403 for property described in
zoning petition RZN 02-14 for a parcel containing 3.12 acres located
at the Northeast corner of Crossover and East Zion Road from A-1,
Agricultural to R -O, Residential Office. The intent is to modify
the legal description of the requested rezoning
COST TO CITY:
$0
Cost of this request
Account Number
Category/Project Budget
Funds used to date
Category/Project Name
Program Name
Project
Number
Remaining balance
Fund
BUDGET
REVIEW:
Budgeted Item
Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
Accounting Manager Date ADA Coordinator Date
.---� -oZ
C%ty`A`tFtorney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION: Statt recommends approva
a/D,mt �ya« z
Division Head Ddtd
De artment Director Date
Adminis rative Services D t Ok
DirectE n /
Cross Reference
New Item: Yes No
Prev Ord/Res#:
Orig Contract Date:
I
X Agenda Request
Contract Review
Grant Review
STAFF REVIEW FORM
For the Fayetteville City Council meeting of July 16, 2002.
FROM:
Tim Conklin Planning Urban Development
Name Division
Department
ACTION REQUESTED: To approve an ordinance nullifying, revoking, and
replacing rezoning ordinance No. 4403 for property described in
zoning petition RZN 02-14 for a parcel containing 3.12 acres located
at the Northeast corner of Crossover and East Zion Road from.A-1,
Agricultural to R -O, Residential Office. The intent is to modify
the legal description of the requested rezoning
COST TO CITY:
$0
Cost of this request
Account Number
Category/Project Budget Category/Project Name
used to date Program Name
Project Number Remaining balance
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 recommends approval.
7%,lL�L - t.L 7%z/nz Cross Reference
Division Head 4,.' DD t
Department Director Date New Item: Yes No
Prev Ord/Res#:
Administrative Services Date Orig Contract Date:
Director
Mayor Date
FAYETTEVILE
THE CITY OF FAYETTEVIUL. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, City Planner
From: Heather Woodruff, City Clerk
Date: July 18, 2002
Please find attached a copy of Ordinance No. 4408 nullifying, revoking and replacing rezoning
Ordinance No. 4403 (rezoning petition RZN 02-14.00 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). The original
will be microfilmed and filed with the City Clerk.
cc: Nancy Smith, Internal Audit
010 03 City of Fayetteville 7/23/2002
Update udex Maintenance • 14:01:40
Document item Action
Reference Date Ref. Taken Brief Description
ORD 7162002 4408 REPLACING REZONING ORDINANCE 4403
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Enter Keywords........: ORD. 4408
NULLIFYING
REVOKING
REPLACING
REZONING
ORDIANCE
NO. 4403
File Reference #......: MICROFILM
Security Class........: Retention Type: _
Expiration Date.......:** Active ****
Date for cont/Referred:
Name Referred to......:
Cmdl-Return Cmd8-Retention Cmd4-Delete Cmd3-End Press 'ENTER' to Continue
Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix systems Corp.
'UBLICATION
I, A 1110 t /(/L/'/i(//k.0 ) ,do solemnly swear that I am
Legal 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:.
l . OA166P was inserted in the regular editions on
** Publication Charge: $ 73. J'
Subscribed and sworn to before me this
Iday of ___________,2002.
My
** Please do not pay from Affidavit.
An invoice will be sent.
RECEt' 1EO
NOV 13 2002
CrrTy C1pICS OFFICE
.ORDINANCE NO. 440E
ICE NUUJFYINO. PEVOIONO AND REPLACING
IRDINANCE NO. 4403.
Ordinance No. 4403 rezoned that property
remrdrp petabn RZN 02-14.00 for a pesos of
-2
tpoxYretely 3.12 acres bested at the Northemt
oeloRoad from at East Zion Rofrom A-1, AgrIMMUfel � V'
Fayetteville
WHEREAS.
m end the original lapel dexAptbn four that portbn of ft e papery to re A-tpment om. Agnctmuralcaused rw need
NOW THEREFORE. BE IT ORDAINED BV THE'CIIY COUNCIL OF THE CITY OF fAYETVEVILLE,
ARKANS S:
1. That Ondtrtace No. 4403 is hereby rNBaed, revoked. and repeced and the
d thenaln as set out In E*tlt A attached hereto b hereby changed as ldbxs:
Porn P.O. Resber4lel Office to A-1. Agttflol.
Section 2. That the ots Wri a of the City of FayeheAe. Means. Is hereby emended to
the wring denga H
PASSED and APPROVED Uta the 16th day of JAy. 2002.
D COODV Mayor
ATTEST.
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700