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HomeMy WebLinkAboutOrdinance 4499 ORDINANCE NO, 4499 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 03-21 .00 AS SUBMITTED BY JOHN NOCK FOR PROPERTY LOCATED AT 4023 WEDINGTON DRIVE, FAYETTEVILLE, ARKANSAS FROM A- 1 , AGRICULTURAL TO C- 1 , NEIGHBORHOOD 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 A- 1 , Agricultural to C- 1 , Neighborhood 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 the I'` day of July, 2003 . �sati` APPROVE am yor At' By: f. �1 DAN GOODY, Ma r , By: ity Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID : 005115450002 Tvoe . REL Recorded : 07/09/2003 at 11 : 30 : 33 AM Fee Amt : $11 . 00 Pace 1 of 2 Hashinoton Countv . AR Bette stamps circuit Clerk F11e200340036029 EXHIBIT "A" RZN 03-21 ,00 All that certain tract or parcel of land being a part of the NW '/< of the SE '/< of Section 12, Township 16 North, Range 31 West, Washington County, Arkansas. Said tract being a portion of that same tract as described in Book 1114, Page 526 of the records of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, and being more particularly described by metes and bounds as follows, to-wit: COMMENCING at the NE Corner of the NW '/, of the SE %4 of Section 12, Township 16 North, Range 31 West, Washington County, Arkansas. THENCE — South 02° 15 ' 40" West 444.07 feet with the east boundary line of said "40"; THENCE — North 88° 36' 31 " West 15 .00 feet to a ''/2" Iron Pin found for the POINT OF BEGINNING. Said point being on the west right-of-way line of Rupple Road. THENCE — South 02° 15 ' 40" West 206.89 feet with said right-of-way line to a 5/8" Iron Pin set; THENCE — North 87° 48' 12" West 422.06 feet to a 5/8" Iron Pin set on the east boundary line of THE MEADOWLANDS PHASE 1 AND 2 subdivision; THENCE — North 02° 12 ' 43" East 200.96 feet with said east boundary line to a %" Iron Pin found; THENCE — South 88° 3613 1 " East 422.28 feet to the POINT OF BEGINNING. The above described property having been surveyed by Bart L. Petray, contains 1 .98 acres of land, more or less. �/ashin8ton County AR ert07/0 ifY this instrument and e/2603 11 :30,33 was filed on File Domed in Real Estate Bette t mps2003.00036029 b Cir uit Clerk Y NAME OF FILE: Ordinance No, 4499 CROSS REFERENCE: Item # Date Document 1 06/13/03 IStaff Review Form w/attachments draft ordinance memo to Mayor/City Council memo to Planning Commission Nock letter to Planning Commission Fire Marshal's memo to planning division memo to Hoyt, Bosch, Boettcher, Casey, & Libertini Close up View One Mile View copy of minutes re: RZN 03-21 .00 2 07/05/03 Affidavit of Publication 3 07/08/03 memo to Dawn Warrick NOTES: 7/9/2003 filed with Washington County Circuit Clerk 060 STAFF RAW FORM - NON-FINANCIAL OBAATION 4 � x AGENDA REQUEST azN a3 Z/, For the Fayetteville City Council Meeting of: July 1 , 2003 FROM: Dawn Warrick Planning CP&E Name Division Department ACTION REQUIRED: Ordinance Approval SUMMARY EXPLANATION: RZN 03-21 .00 was submitted by John Nock for property located at 4023 Wedington Drive. The property is currently zoned A- 1 , Agricultural and contains approximately 198 acres. The request is to rezone the subject property to C- 1 , Neighborhood Commercial. STAFF RECOMMENDATION: Approval. A `411V V LI, � Received in Mayor's Office DiDi isio� DAte Date City Atto ey Da Cross Reference: Department Director Date Previous Ord/Res#: f(inance & Internal Services Dir. Date Orig. Contract Date: 6' 17 ' (�✓' Orig. Contract Number: Chic, ministrative Officer Date New Item: Yes No Mayor ENtER� . .3-Z- ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 03-21 .00 AS SUBMITTED BY JOHN NOCK FOR PROPERTY LOCATED AT 4023 WEDINGTON DRIVE, FAYETTEVILLE, ARKANSAS FROM A- I , AGRICULTURAL TO C- I , NEIGHBORHOOD 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 A-1 , Agricultural to C-1 , Neighborhood 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 12003. APPROVED: i� By: DAN COODY, Mayor ATTEST: By: Sondra Smith, City Clerk FAYETTEALLE CC Meeting of July 1 , 2003 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (501 ) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM : Dawn Warrick, AICP, Zoning & Development Administrator THRU: Tim Conklin, AICP, Director of Community, Planning & Engineering Svcs, DATE: June 13, 2003 RZN 03-21 .00: Rezoning (Nock, PP 439) was submitted by John Nock for property located at 4023 Wedington Drive. The property is currently zoned A- 1 , Agricultural and contains approximately 1 .98 acres. The request is to rezone the subject property to C- 1 , Neighborhood Commercial. BACKGROUND Property description: The subject property is located on the west side of Rupple Road, south of Wedington Drive. The property contains just under 2 acres and contains one single family home. Property to the north is vacant and is zoned C- 1 , Neighborhood Commercial. Surrounding properties include a single family home to the east, multifamily dwellings to the west and a vacant tract to the south which is proposed to be the location of fire stations #7. Proposal: The applicant does not have immediate development plans for the subject property. The rezoning request is being forwarded at this time in order to accommodate the parcel that will remain between a new fire station and an existing commercial tract which is at the comer of Wedington Dr. and Rupple Rd. CURRENTSTATUS On June 9, 2003, the Planning voted 9-0-0 to forward this item to the City Council with a recommendation for approval. RECOMMENDATION Staff recommends approval of the requested rezoning. K:IReportsl20031CC REPORTSVuiy Meetingslzn03-21_nodc_ce memo.doc EXHIBIT "A" RZN 03-21 .00 • All that certain tract or parcel of land being a part of the NW %< of the SE %< of Section 12, Township 16 North, Range 31 West, Washington County, Arkansas. Said tract being a portion of that same tract as described in Book 1114, Page 526 of the records of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, and being more particularly described by metes and bounds as follows, to-wit: COMMENCING at the NE Comer of the NW '/4 of the SE %< of Section 12, Township 16 North, Range 31 West, Washington County, Arkansas. THENCE — South 02° 15 ' 40" West 444.07 feet with the east boundary line of said "40"; THENCE — North 88° 36' 31 " West 15.00 feet to a 'h" Iron Pin found for the POINT OF BEGINNING. Said point being on the west right-of-way line of Rupple Road.THENCE — South 02° 15 ' 40" West 206.89 feet with said right-of-way line to a 5/8" Iron Pin set; THENCE — North 87° 48 ' 12" West 422.06 feet to a 5/8" Iron Pin set on the east boundary line of THE MEADOWLANDS PHASE 1 AND 2 subdivision; THENCE — North 020 12' 43" East 200.96 feet with said east boundary line to a ''/i" Iron Pin found; THENCE — South 88° 36' 3 1 " East 422.28 feet to the POINT OF BEGINNING. The above described property having been surveyed by Bart L. Petray, contains 1 .98 acres of land, more or less. 40 FAYETTEVILLE PC Meeting of June 9, 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 Warrick, AICP, Zoning & Development Administrator THRU: Tim Conklin, AICP, Community, Planning & Engineering Services Director DATE: June 9, 2003 RZN 03-21 .00: Rezoning (Nock, PP 439) was submitted by John Nock for property located at 4023 Wedington Drive. The property is currently zoned A- 1 , Agricultural and contains approximately 1 .98 acres. The request is to rezone the subject property to C- 1 , Neighborhood 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: June 9, 2003 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: July 1, 2003 (1't reading if recommended) BACKGROUND: Property description: The subject property is located on the west side of Rupple Road, south of Wedington Drive. The property contains just under 2 acres and contains one single family home. Property to the north is vacant and is zoned C- 1 , Neighborhood Commercial. Surrounding properties include a single family home to the east, multifamily dwellings to the west and a vacant tract to the south which is proposed to be the location of fire stations #7. Proposal: The applicant does not have immediate development plans for the subject property. The rezoning request is being forwarded at this time in order to accommodate the parcel that will remain between a new fire station and an existing commercial tract which is at the corner of Wedington Dr. and Rupple Rd. K.- REPORM0031PC REPOR7SI06-09WZV03-11 NOCK.DOC a a Request: The request is to rezone the subject property from A- 1 , Agricultural to C- 1 , Neighborhood Commercial. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Vacant C- 1 , Neighborhood Commercial South Vacant A- 1 , Agricultural East Vacant A- 1 , Agricultural West Meadowlands Subdivision R- 1 .5, Moderate Density Residential INFRASTRUCTURE: Streets: Access to this property is from Wedington Drive to Rupple Road. Wedington has recently been improved by the AHTD in this area and Rupple Road, classified a minor arterial with 90' of right of way on the MSP, is under construction. The street will be complete soon in order to provide access to the new Boys & Girls Club being built further south on the east side of Rupple Road. Future access will also be provided from Persimmon Street to the south. Persimmon is a collector street which is planned to connect Shiloh Drive at the interstate west to Double Springs Road when complete. Street improvements will not be required for development of this property. Rupple Road is currently under construction adjacent to this site, and Wedington is already improved at this location. Water: The property currently has access to an 18" waterline along Wedington Drive. There is also a 12" and 8" waterline to the south along Rupple Road. Sewer: The property currently has access to a 6" and 8" sewer line to the west. Fire: 2.7 miles from Fire Station #2. Normal driving time 4 min. 19 seconds. Water supply is in the area. Lines may need to be extended depending upon the type of development that may occur in the future. LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property to C- 1 , Neighborhood Commercial is consistent with the land use plan and compatible with surrounding land uses in the area. An extension of the node of community commercial property at the intersection of Wedington Dr. and Rupple Rd. is necessary in this location due to the proposed future development of fire station #7 immediately south of the site. K.WEPORrS0003PC REPORM06-09WZN03-21NOCK.DOC � a 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, principles and policies and with land use and zoning plans. This action will make necessary the extension of a community commercial node to incorporate the subject property. This will result in a complete district of community commercial property between the new fire station on the west side of Rupple Rd. and Wedington Drive to the north. The fire station then becomes a natural dividing point between commercial and residential uses in this area. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is justified in order to maintain uniform zoning and usable property in this location. The development of a fire station at the southern edge of the subject property will change the character of the property and will provide for a natural barrier between different land uses and activity levels. 3 . A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will allow for the development of neighborhood commercial uses. Retail, restaurant, offices and similar uses would be permitted. The access to this site from Wedington Drive and on Rupple Road will satisfy the demands of this type of development. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The proposed zoning will not alter population density. Provision of water and sewer facilities has been accommodated through current development activities. Fire protection is adequate. 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 K.-WEP0R7N0003PC REPOR73106-09VUV03-21 NOCK DOC 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 K:IREPOR=0031PC REPORM06-09WZN09-11 NOCKDOC