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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. �a .Tm �� m Q� wo c, arc ommti� ym� tiQm4, a �J lb �. oo mm�oa�� 00 �n o * c Qm 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?