HomeMy WebLinkAboutOrdinance 4470 4470
ORDINANCE NO,
AN ORDINANCE REZONING THAT PROPERTY DESCRTBtD — "
IN REZONING PETITION RZN 03-12.00 AS SUBMITTED BY
JERRY KELSO OF CRAFTON, TULL & ASSOCIATES ON BEHALF
OF TOM BROYLES FOR A PARCEL CONTAINING APPROXIMATELY
17.65 ACRES LOCATED AT THE NORTHEAST CORNER OF 18TH
STREET AND FUTRALL DRIVE, FAYETTEVILLE, ARKANSAS FROM
I-1, HEAVY COMMERCIAL/ LIGHT INDUSTRIAL TO C-2,
THOROUGHFARE COMMERCIAL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas
hereby declares that the zone classification of the following described property is
hereby changed as follows:
From I-1, Heavy Commercial/Light Industrial to C-2 Thoroughfare
Commercial as shown in Exhibit "A" attached hereto and made a part thereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby declares 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 the 18th day of March, 2003.
r
APPROVED:
f By.
DA GOODY, Mayor
APT
000 ID IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII46,870002 r
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
By. Recorded: 04/03/2003 at VOO : A30 FM
Sondra Smith, Ci ClerkFee A
City Meehington11 -00tPais 01 2
F1102003-00020184
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EXHIBIT "A"
RZN 03-12.00
A part of the NW1/4 of the SWIM, and a part of the NEI/4 of the SWIM of Section 20, .
Township 16 North, Range 30 West, being more particularly described as follows, to-wit:
Beginning at a point in a creek that is S88°56'00"W 193.47 feet from the Northeast comer of
said NW 1/4 of the S W 1 A, Thence along the creek the following courses: S31053'281T 52.89
feet, S440201051E 44.94 feet, S26044224"E 72.09 feet, S36035 '351E 165.60 feet,
S24046'09"E 153.29 feet, S48057259"E 124.55 feet, S59'35' 157E 123.68 feet, S47020'27"E
70.79 feet, S15055102"E 44.53 feet, S1505725117W 82.83 feet, S09013'09"W 121 .09 feet,
S42'57229"E 34.48 feet, N90000300"E 45.50 feet, N41607'06'T 76.32 feet, S86009'46"E
171 .73 feet, S51012'58"E 56.53 feet, S3502410021E 51 .79 feet, S0051 '51 "E 65.23 feet, .
S21047214"E 53.21 feet; Thence leaving said creek SO'32'27"E 219.85 feet to the North
right-of-way of 18°i Street; Thence along said right-of-way the following courses:
S89'35'41 "W 100.00 feet, SO°32'32"E 15.00 feet, S89035'41"W 644.46 feet, N60'22'38"W
106.82 feet to the East right-of-way of Futrall Drive, Thence along said East right-of--way for
Futrall Drive the following courses: N12'36' 12"W 228.07 feet, N14049200"W 387.90 feet,
N21054100"W 309.50 feet, N 19'37'00"W 334.90 feet to the North line of said NW 1/4 of the
SW 1/4; Thence along said North line N88'56'00"E 349.23 feet to the Point of Beginning,
containing 17.65 acres, more or less. Subject to all easements and rights-of-way of record or
fact
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NAME OF FILE: Ordinance No. 4470
CROSS REFERENCE:
Item # Date Document
1 03/04/03 10rd. 4470 w/Ex. A
2 02/19/03 1 Staff Review Form w/attachments:
memo to mayor/city council
draft ordinance
memo to Planning Commission
copy of governing code
copy Planning Commission minutes re: RZN 03-12.00
copy of Future Landuse of subject property
copy of Close Up View of subject property
copy of One Mile View of subject property
3 03/22/03 Affidavit of Publication
4 03/22/03 jmemo to Dawn Warrick
NOTES:
4/3/2003 filed at the Washington County Courthouse
FAYETTE`OILLE
THE CITY OF FAYETTEVIEEE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: 3120103
Re: Ordinance No. 4470
Attached is an executed copy of Ordinance No. 4470, passed by the City Council March 18,
2003, rezoning that property described in rezoning petition RZN 03-12.00, for a parcel containing
approximately 17.65 acres, located at the northeast comer of 18111 Street and Futrell Drive,
Fayetteville, Arkansas, as submitted by Jerry Kelso on behalf of Tom Broyles.
This ordinance and exhibit will be microfilmed and filed in the 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
NORTHWEST ARKANSAMIEDITION
Arkansas Democrat IF (5azeW
AFFIDAVIT OF PUBLICATION
I, , do solemnly swear that I am
Legdl 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:
//d was inserted in the regular editions on
Publication Charge : $
Subscribed and swom to before me this RECEIVED
day of SMS ALh 2003. MAR 2 6 2003
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
otary Public
My Commission Expires: 5 - 1 - Cl
ORDINANCE NO. "70
AN ORDINANCE REZONING TMATPRO00 PERIY OESCWBED IN
" Please do not pay from Affidavit. JERRY E,�OF R`�ON. TU _ ;AS
An invoice will be sent. BEHALF OF TOM BROYLES FOR A PARCEL CONTNNING
APPROXIMATELY 17.65 ACRES LOCATED AT THE JJ
NORTHEAST CORNER OF 18TH STREET AND &Z Cft of Fayeftvft
DRIVE, FAYETTEVILLE, ARKANSAS FROM 1-1, HEAVY
COMMEHCWAIGHT INDUSTRIAL TO G2. THOROUIGHFARE COMMERCIAL .
BE T ORDAINED BY THE CRY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That me Cry Caundl of the Cry M Fayetteville, Arkevws harabY dada ilial me,m
I Hassiawibn of me foa'lNaq descdbed pOPOnY is rweW cWQW m ItIM":
OFFICIAL SEAL Pm 1-1, Haat cam erodAUgm kXIIEUul w G2. TTc� arnam Cor rrffdW es 810 n Ed" 'A'
SHERI DENISE SUTrON a`lga'e° hale,° ane n'aea a Pad mored.
NOTARY PUBLIC . ARKANSAS I se m 2. That me Cry Cound H ma CRY of Feyenaaee. A kareae a eby necle es ma me 01110101
WASHINGTON COUNTY t n�b"B Faye a ma' ° "e"saa' m hereby a Ra aaa ro e ec ma zmo-p a a ga
COMMISSION EXP. 05/01 /07 PARSED and APPROVED eft ma tem nay of Many,, 2003.
APPROVED:
BY.
DAN GOODY, Mayor
ATTEST
BY
$md<a SHIN. CItYCbk
212 NORTH EAST AVENUE P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 0 (501 ) 442-1700
WAFF AGENDA REQUEST AM � S
� 3 Na
FOR: COUNCIL MEETING OF March 18, 2003
FROM: Planning Division
Tim Conklin, AICP, Director of Community Planning and Engineering Services
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
RZN 03-12.00: Rezoning (Broyles, pp 598) was submitted by Jerry Kelso of Crafton,
Tull & Associates on behalf of Tom Broyles for property owned by Helen Adams and
located at the northeast corner of 181i Street and Futrall Drive. The property is zoned I-
1, Heavy Commercial/ Light Industrial and contains approximately 17.65 acres. The
request is to rezone to C-2, Thoroughfare Commercial.
APPROVED FOR AGENDA:
3- 5- 03
Director of Community Date
Pla g & En Bring Services
3, s_ 03
City Attorney Date
-0 hJ
Ch' f Admin. Officer Date
LL4:::: 3 /
Mayor Date
FAYETTEVILLE City Council Meeting of March 18, 2003
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 T. Warrick, AICP, Senior Planner
THRU: Tim Conklin, AICP, Community Planning & Engineering Services Director
DATE: March 5, 2003
RZN 03-12.00: Rezoning (Broyles, pp 598) was submitted by Jerry Kelso of Crafton, Tull &
Associates on behalf of Tom Broyles for property owned by Helen Adams and located at the
northeast corner of 18th Street and Futrall Drive. The property is zoned I- 1 , Heavy
Commercial/Light Industrial and contains approximately 17.65 acres. The request is to rezone to
C-2, Thoroughfare Commercial.
BACKGROUND:
Property Description: The subject property is located south of the Fayetteville Center
development which consists of a former Food 4-Less structure that is used by Wal-Mart for
setting up demo's and store displays, Westlake Hardware, the Waffle House and other retail,
restaurant and entertainment uses. The property is currently vacant and is bordered by Futrall
Drive on the west, an outer road for I-540, Eighteenth Street on the south and Best Way Street on
the north.
Proposal: The applicant proposes to down-zone this property from I- 1 to C-2, Thoroughfare
Commercial for commercial uses.
Request: The applicant requests that the subject property be rezoned from I- 1 , Heavy
Commercial/Light Industrial to C-2, Thoroughfare Commercial.
CURRENT STATUS:
On March 3, 2003, the Planning Commission voted 8-0-0 to recommend to the City Council
approval of the requested rezoning.
RECOMMENDATION:
Staff recommends approval of the requested rezoning from I- 1 to C-2.
K:IReporte12003ICC REPOR7SIMarch mee1ings1nn03.12_bro*s_=..doc
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 03- 12.00: REZONING (BROYLES, PP 598)
AS SUBMITTED BY JERRY KELSO OF CRAFTON, TULL & ASSOCIATES
ON BEHALF OF TOM BROYLES FOR A PARCEL CONTAINING
APPROXIMATELY 17.65 ACRES LOCATED AT THE NORTHEAST
CORNER OF 18' STREET AND FUTRALL DRIVE, FAYETTEVILLE,
ARKANSAS FROM I- 1 , HEAVY COMMERCIAL/LIGHT INDUSTRIAL TO
C-2, THOROUGHFARE COMMERCIAL.
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 I-1, Heavy Commercial/ Light Industrial to C-2, Thoroughfare
Commercial 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:
DAN COODY, Mayor
ATTEST:
By:
Sondra Smith, City Clerk
1
EXHIBIT "A"
RZN 03-12.00
A part of the NW1 /4 of the SWIM, and a part of the NEI /4 of the SWI /4 of Section 20,
Township 16 North, Range 30 West, being more particularly described as follows, to-wit:
Beginning at a point in a creek that is S88°56' 00"W 193 .47 feet from the Northeast corner of
said N W 1 /4 of the SW 1 A, Thence along the creek the following courses: S31 °53 '28"E 52.89
feet, S44020705"E 44.94 feet, S26044'24"E 72.09 feet, S36035 '35"E 165.60 feet,
S24046709"E 153 .29 feet, S48057' 59"E 124.55 feet, S59°35' 15"E 123 .68 feet, S47020'27"E
70.79 feet, S15055 ' 02"E 44.53 feet, S15057' 51 "W 82.83 feet, S09013 '0917W 121 .09 feet,
S42057 '29"E 34.48 feet, N90000'00"E 45 .50 feet, N41007'06"E 76.32 feet, S86009'46"E
171 .73 feet, S51012' 58"E 56.53 feet, S35024' 00"E 51 .79 feet, S0051 ' 51 "E 65 .23 feet,
S21 °47' 14"E 53 .21 feet; Thence leaving said creek SO°32 '27"E 219.85 feet to the North
right-of-way of 18'' Street; Thence along said right-of-way the following courses:
S89°35 '41 "W 100.00 feet, SO°32'32"E 15 .00 feet, S89035 '41 "W 644.46 feet, N60°22'38"W
106. 82 feet to the East right-of-way of Futrall Drive, Thence along said East right-of-way for
Futrall Drive the following courses: N12036' l 2"W 228.07 feet, N14°49'00"W 387.90 feet,
N21 °54'00"W 309.50 feet, N 19°37'00"W 334.90 feet to the North line of said NW 1/4 of the
SW 1 /4; Thence along said North line N88°56'00"E 349.23 feet to the Point of Beginning,
containing 17.65 acres, more or less. Subject to all easements and rights-of-way of record or
fact.
FAYETTEVILLE PC Meeting of Feb. 24, 2003
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn T. Warrick, AICP, Senior Planner
THRU : Tim Conklin, AICP, City Planner
DATE: February 24, 2003
RZN 03-12.00: Rezoning (Broyles, pp 598) was submitted by Jerry Kelso of Crafton, Tull &
Associates on behalf of Tom Broyles for property owned by Helen Adams and located at the
northeast corner of 18a' Street and Futrall Drive. The property is zoned I- 1 , Heavy
Commercial/Light Industrial and contains approximately 17.65 acre 's. The request is to rezone to
C-2, Thoroughfare Commercial.
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: February 24, 2003
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: March 18, 2003 (1" reading if recommended)
Comments:
K:IReportcl70031PC REPOR7SW2-14tvzn03-12_bro)les.dw
BACKGROUND:
Property Description: The subject property is located south of the Fayetteville Center
development which consists of a former Food 4-Less structure that is used by Wal-Mart for
setting up demo' s and store displays, Westlake Hardware, the Waffle House and other retail,
restaurant and entertainment uses. The property is currently vacant and is bordered by Futrall
Drive on the west, an outer road for I-540, Eighteenth Street on the south and Best Way Street on
the north.
Proposal: The applicant proposes to down-zone this property from 1- 1 to C-2, Thoroughfare
Commercial for commercial uses.
Request: The applicant requests that the subject property be rezoned from I- 1 , Heavy
Commercial/Light Industrial to C-2, Thoroughfare Commercial.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Commercial C-2, Thoroughfare Commercial
South Mixed, commercial and residential C-29 C- 11 R-O
East Vacant 1- 1 , Heavy Commercial/Light Industrial
West 1-540 / Vacant R-0, Residential Office / R-1 , Low Density Res
INFRASTRUCTURE:
The subject property is located on Futrall Drive, an outer road for 1-540 on the western boundary.
Futrall is classified as a collector on the Master Street Plan and is designed to cavy 4,000 —
6,000 vpd (with left turn bays) when developed according the City standards. Eighteenth Street,
also designated a collector, on the south turns into and becomes Futrall Drive running
north/south.
Existing water and sewer lines are available for extension to serve development on this property.
LAND USE PLAN: General Plan 2020 designates this site Regional Commercial. Rezoning
this property to C-2, Thoroughfare Commercial is consistent with the land use plan and
compatible with surrounding land uses in the area.
FINDINGS OF THE STAFF
1 . 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,
K.IReporaU0031PC REPOR V2.241rzn03-12_bro3tes.doc