HomeMy WebLinkAboutOrdinance 4458 ORDINANCE NO. 4458
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 02- 14.00 AS SUBMITTED BY RAYMOND
SMITH ON BEHALF OF JOHN AND JANET KESNER FOR A PARCEL
CONTAINING APPROXIMATELY 3 . 12 ACRES LOCATED AT THE
NORTHEAST CORNER OF CROSSOVER AND EAST OF ZION ROAD,
FAYETTEVILLE, ARKANSAS, FROM A- 1 , AGRICULTURAL TO R-O,
RESIDENTIAL OFFICE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
Section I :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.
1 F p Y E f fftSSED and APPROVED this 4`h day of February, 2003 .
io APPROVED:
Ary:
• r pxtA , 4 >
DA COODY, Mayor
ATTEST:
By: ha%dA� fv x'jo o
Sondra Smith, City Clerk
DoeID ' 004357980002 Type : REL
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Recorded : 03/07/2003 at 10 . 48 . 13 AM
Fee Amt : 511 . 00 Pace 1 of 2
Hashlnaton county . AR
Bette Stamps circuit clerk
F11e200340015856
EXHIBIT "A"
A PART OF THE SE '/40F THE NW '/4 AND A PART OF THE SW /40F THE NW /40F
SECTION 19, T- 17-N, R-29-W DESCRIBED AS COMMENCING AT THE NE CORNER OF
SAID SE '/4 OF THE NW 1/4; THENCE 50021 '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
S0021 '03"W 161 .64 FEET; THENCE ALONG CENTERLINE OF EAST ZION ROAD,
S88003 "31 "W 544.62 FEET; THENCE S 86° 46 ' 10"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 89'45 '41 "E698. 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 '/4 OF 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 '/4 OF THE NW /40F SAID SECTION 19;
THENCE SOUTH 00021 '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 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.
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NAME OF FILE: Ordinance No. 4458
CROSS REFERENCE:
Item # Date Document
1 02/04/03 Ord. 4458 w/Ex. "A"
2 01 /20/03 Staff Review form w/attachments:
copy of 1 /27/03 memo to mayor/city council
copy of Planning Commission minutes pertaining to subject
property
copy of subject property file from planning division
3 02/11 /03 memo to Tim Conklin
4 02/11/03 Affidavit of Publication from NW Ark. Gazette
NOTES:
NORT*vVEST ARKANSA EDITION
A AawaS amomt V (C)azeW
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:
�hlJc� was inserted in the regular editions on
** Publication Charge : $ MAn
Subscribed and sworn to before
emme�this
day of 2003.
Notary PUbIIC TAMMY ALLEN
Notary Publfc•kkansas
WASHINGTON COUNTY
My Commission iss,on Expires 11 -05 2011
" Please do not pay from Affidavit.
An invoice will be sent.
r
212 NORTH EAST AVENUE P.O. BOX 1607 FAYETI'EVILLE, ARKANSAS 72702 (501 ) 442-1700
ORDINANCE NO. 4458
AN'OROINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PEffRON RM 02-14.0 AS SUBMFTED BY
RAYMOND SMITH ON BEHALF OF JOHN AND JANET
KESNER FOR A PARCEL CONTAINING APPROAMATELV 3.12
ACRES LOCATED AT THE NORTHEAST CORNER OF
CROSSOVER AND EAST ZION ROAD, FAVETTEMLLE, Ci•7 'le
ARKANSAS, FROM A-1 ,, AGRICULTURAL TO R-O, F
RESIDENTIAL OFFICE ,
BE I` ORDAINED BY THE CRY COUNCIL OF THE CITY OF FAYETTEVILLE. ARKANSAS;
s=16 1 : That Vm m clav4hetlon of ftbbwv9 dwaamd properly b hereby chageo es uiwm:
1 '
From A-1, AgftkW to R-0, ReWWtbl Offim u Mf in Ettlb t -A' attadW
hereto end made a pert hereof.
Section 2. That the OMCW zonirg map of the City of Fayetteville, Arkarsses, is hereby anerlded to mllect
the Z rvg charge Provided In Sectbn 1 abo+e.
PASSED and APPROVED the 4M day of FebnAery, 2003,
APPROVED:
BY
DAN COODY, Mayor
ATTEST.
By
sml1a Ssm�. Otty ClerK
EXHISIT AAO
A PART OF THE BE_ OF THE NW_AND A PART OF THE SW_ OF THE NW _ OF SECTION 19. T-17-
N, R-29-W DESCRIBED AS COMMENCING AT THE NE CORNER OF SAID SE _ OF THE NW 1/4;
THENCE S0`21 03W 687.76 FEET; THENCE ALONG AN AGREED BOUNDARY UNE, N 89'45 41 W
621.58 FEET TO A FOUND IRON PIN; THENCE !30'2103W 161.84 FEET, THENCE ALONG
CENTERUNE-OF FAST ZION ROAD, S88'b3_31'W 544.62 FEET. THENCE S W 46_10-W 149.08
FEET; THENCE ALONG FAST RIGHT-OF-WAY OF ARKANSAS HIGHWAY NO. 265 01fn_50W 211.42
FEET TO A SET IRON PIN: THENCE S 8945_41'E 698.15 FEET TO A SET IRON PIN; THENCE S
0.21 O3W 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 BE _ OF THE NW_ OF SECTION 19, TOWNSHIP 17 N, RANGE 29 W BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NE CORNER OF THE SE_OF THE NW_OF SAID SECTION 19; THENCE SOUTH
00'21 03' WEST 687.76 FEET; THENCE NORTH 89'45' 41' WEST 621.58 FEET; THENCE NORTH
0021'03' EAST 20.00 FEET; THENCE NORTH 8945'41' WEST 499.26 FEET: THENCE SOUTH 11.19
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTHERLY ALONG SND LINE, A
DISTANCE OF 22.25 FEET THENCE WEST 0.33 FEET, THENCE NORTH 22.25 FEET; THENCE EAST
9.33 FEET TO AME POINT OF BEGINNING, QbNTAINING 207.37 SOUARE FEET. A
FAVETTE ft LLE
THE CITY OF FAYETTEVILLE, AEEANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, Director
Community Planning & Engineering Services
From: Clarice Buffalohead-Pearman
Sr. Secretary
Date: 2/11/03
Re: Ordinance No. 4458
Attached is a copy of Ordinance No. 4458 rezoning 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 Road and east of Zion Road, Fayetteville, Arkansas, as submitted by Raymond Smith
on behalf of John and Janet Kesner.
This ordinance will be microfilmed and filed in the Fayetteville City Clerk's office, and filed with the
Washington County Clerk.
cc: Nancy Smith, Internal Auditor
John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
01-d el ask
• • 2LN 4;2- 1vtoo
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of February 4 , 2003 .
FROM :
Tim Conklin Planning Urban Development
Name Division Department
ACTION REQUESTED : To approve an ordinance rezoning property described
in zoning petition RZN 02 - 14 . 00 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 .
COST TO CITY :
$ 0
Cost of this request Category/ Project Budget Category/ Project Name
Account Number Funds used to date 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 :
Ac ting Manager Date ADA Coordinator Date
/ - 17 -Os
City Atto ney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMME TI Staff recommends approval .
Cross Reference
vision Head Date
Department Director Date New Item : Yes No
!`�� -3* Prev Ord/Res# :
A i ' strative Services / Date Orig Contract Date :
Director
Mayor Date
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: Dawn Warrick, AICP, Senior Planner
THRU: Tim Conklin, AICP, City Planner
DATE: January 17, 2003
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
3. 12 acres. The request is to rezone to R-O, Residential Office.
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.
An amended rezoning ordinance was processed and approved by City Council July 16, 2002. The
manner in which the ordinance was drafted did not achieve the desired result of relocating the area of
A- 1 , Agricultural zoning on the site for the proposed crematorium. It nullified the original rezoning
ordinance resulting in the entire property reverting to A- 1 , Agricultural zoning.
CURRENT STATUS
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 rezone
the subject property to R-O, Residential Office with the submitted legal description (exhibit A)
which excludes the portion of the site to accommodate the crematorium (to remain A- 1 ).
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-14.00 AS SUBMITTED BY RAYMOND
SMITH ON BEHALF OF JOHN AND JANET KESNER FOR A PARCEL
CONTAINING APPROXIMATELY 3.12 ACRES LOCATED AT THE
NORTHEAST CORNER OF CROSSOVER AND EAST OF ZION ROAD,
FAYETTEVILLE, ARKANSAS, FROM A-1, AGRICULTURAL TO R-O,
RESIDENTIAL OFFICE.
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 , 2003.
APPROVED:
By: DRAFT
DAN COODY, Mayor
ATTEST:
By: DRAFT
Heather Woodruff, City Clerk
EXHIBIT "A"
A PART OF THE SE `/4 OF THE NW %4 AND A PART OF THE SW '/4 OF THE NW '/4 OF
SECTION 19, T-17-N, R-29-W DESCRIBED AS COMMENCING AT THE NE CORNER OF
SAID SE '/4 OF 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' 10"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 '/4 OF 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 '/4 OF THE NW /40F 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 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.
Planning Commiin •
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 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.
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 comer 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
comer 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 Bema of Bema Nelson Funeral Home subject to the
rezoning appr6val 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 Common .-
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 Comnt*Dn
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.
t r
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:
Date: May 28, 2002
COUNCIL ACTION:
Required YES
O Approved O Denied
Required YES
O Approved O Denied
Date: June 18, 2002 (1St reading —if recommended)
H: IUSERSICOMMONIDA WNIIREPORTSIPCI2001_REPOR7SIKESNER RZN02-I4DOC
.r
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 -I. 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 -I
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: I USERSICOMMOMD,4 9AMPEPORTSI PC I2002_REPORTSI KESNER_RZN02- / 4)OC
of
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to R-0, 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.
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.
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: IUSERSICOMMOMDA NN7IREPOR7SIPCI2001 REPOR73lKESNER_RZN01-1,DOC
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:1 USERSI COMMONIDA NNfREPORTSIPCI2001_REPOR7SWESNER_RZN02-WOC
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.
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.
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.
-14.0
KESNER
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