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
U a
atxx JOHN C..: NIOCK
1911 FaHitsFayedm1e, Mtansis77A3
Phme(M1)9M799 ,johnad a'ahmmn
May 19,-2003
City of Fayetteville, Planning Commission
Please allow this letter to be a formal request for rezoning of parcel #765-16251-001 located on
Rupple Road (portion under construction south of;Wedington Road) south of Highway 16. The land is being
sold by the Feagen's who have owned the property for over -fifteen years. I am under contract to purchase
the land which is approximately 4 acres and will subsequently sell to the City of Fayetteville approximately
two acres (southern section) for the purpose of constructing a proposed fire station. The subject property is
currently zoned A-1. The land to the north is zoned C-1 and with the planned fire station the land will
effectively "land -locked" in its current A-1 state. With the adjoining property already C-1 it appears the best
suited zoning will be f or commercial use. The land once subdivided will have approximately 200 ft. Of
frontage along Rupple Road. Additionally, the subject property has access through a north/south easement
to Wedington Road from the northwest comer of parcel.
Streets construction on Rupple Road is being built with the anticipated traffic expected from the
soon to be completed Reynold's Boys and Girls Club to the south. It is assumed that the design of Rupple
Road will accommodate the limited traffic impact from zoning the subject property C-1.
Water and sewer is available to the property. Line sizes are as follows:
1. Water — 12" along east side of Rupple, 8" to the west side of Rupple
2. Sewer— 6" along western border of property
I believe rezoning the subject property to C-1 conforms to the City of Fayetteville's land use
objectives and goals. Thank you for your careful consideration of this matter.
Since ely,
At -
n C. Nock
RECEIVED
MAY 1 9 2003
PLANNING DIV.
flETTEVICIf RECEIVED
ECEIVED
FIRE
DEP
FIRE MARSHAL'S OFFICE JUN 0 3 2003
PLANNING DIV.
THE CITY OF FAYETTEVILLE, ARKANSAS
From: Fire Prevention Bureau
To: Planning Division
REZONING 1� ANNEXATION
REZONING if 03-ZJ. 00 OWNER % __
ANNEXATON# OWNER
LOCATION OF c j'•
PROPERTY /l�,I/ z:f/J' b - VIT e S/A!r/fi%7
AND
RESPONSE TIME FROM FIRE STATION # TO
LOCATION OF
PROPERTY_MINUTES_L_SECONDS.
TRAVEL MILES FROM FIRE STATION # 2 TO LOCATION OF
PROPERTY/sjL� leci/�S.
COMMENTS ON FIRE DEPT.
ACCESS/ROADWAYS
EXISTING FIRE HYDRANTS? IF SO
LOCATION Z(e re is 4 (,cGyre.CLinoo 70
.L iS-fr/ S LS L iJt-4 -
WATER SUPJLY }WITH HYDRANTS
COMMENTS..
MAIN OFFICE
115 SOUTH CHURCH ST.
(501) 141-34481(501) 444-3449
FAX (501) 575-8272
SUBSTATION
N.W.A. MALL
(501) 575-8271
FAX (501) 575-8272
FAYETTEVILLE
THE CITY OF'FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
TO: Rick Hoyt, Police Chief
Chris Bosch, Fire Chief
Greg Boettcher, Water & Wastewater Director
—4 Matt Casey, Staff Engineer
Paul Libertine, Staff Engineer
FROM: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: June 1, 2003
Response to Adequacy.of Public Facilities
for Rezoning Proposals
The Planning Commission bylaws identify five findings that the Planning Commission must make in
order to determine the appropriateness of proposed zoning. Two of those findings pertain to other
departments. The Fayetteville Planning Division is requesting your assistance in making those findings.
Planning Commission meeting date:
Please submit response by:
June 9, 2003
June 4, 2003 (12:00 p.m. - noon)
We have received an application for the following rezoning request(s). We ask that you make findings
on these proposals with regard to the services you provide. Please address the findings provided in
italics.
1. ANX 03-02.00: Annexation (Shiloh Community Church, PP 322) was submitted by
Keystone Consultants, Inc. on behalf of Joe Jones, Pastor for property located north of Mt.
Comfort Road and west of Rupple Road. The subject property is in the county and contains
approximately 3.93 acres. The request is to be annexed into the City of Fayetteville.
RZN 03-17.00: Rezoning (Shiloh Community Church, PP 322) was submitted by Keystone
Consultants, Inc. on behalf of Joe Jones, Pastor for property located north of Mr. Comfort Road
and west of Rupple Road. The subject property is zoned A-1 and contains approximately 3.93
acres. The request is to rezone property to P-1, Institutional.
• A determination as to whether the proposed annexation would alter the population
density and thereby undesirably increase the load on public services including schools,
water, and sewer facilities
The property currently has access to a 4" and 8" water line along Mt. Comfort Road. There
are also 8" lines proposed in the Clabber Creek Phase 2 subdivision located on the east side
of this property. These lines should be sufficient to provide water service to the existing
J: PR OJECTSIREZONJNG5106-09-03RZN
facility as well as redeveldot of the site.
Sewer service is currently not gavailable to the site.
This area of town has been identified as an area of concern for
sewer service. The Hamstring Creek lift station is currently being upgraded to handle the
existing flows and any development proposed at the time of the study earlier this year. Th
upgrade should be completed this summer.
If development occurs on this site, Mt. Comfort Rd. would need to be improved to a
minimum of 14' from centerline including pavement, curb and gutter, storm drains and
ANX 03-03.00: Annexation (James Coger, PP 321) was submitted by Keystone Consultants,
Inc. on behalf of James Coger for property located north of Mt. Comfort Road and west of
Rupple Road. The subject property is in the county and contains approximately 18.35 acres.
The request is to be annexed into the City of Fayetteville. nzr
03-18.00: Rezoning (James Coger, PP 321) was submitted by Keystone Consultants, Inc. on
behalf of James Coger for property located north of Mt. Comfort Road and west of Rupple
Road. The property is currently zoned A-1 and contains approximately! 8.35 acres. The
request is to rezone the subject property to R- 1, Low Density Residential.
A determination as to whether the proposed annexation would alter the population
density and thereby undesirably increase the load on public services including schools,
water, and sewer facilities
The property currently has access to a 4" and 8" water line along Mt. Comfort Road. Ther
are also 8" lines proposed in the Clabber Creek Phase 2 subdivision located on the east side
of this property. These lines should be sufficient to provide water service to development of
this property.
Sewer service is currently not available to the site. The nearest sewer main is located to the
south of Mt. Comfort Road. This area of town has been identified as an area of concern for
sewer service. The Hamstring Creek lift station is currently being upgraded to handle the
existing flows and any development proposed at the time of the study earlier this year. This
upgrade should be completed this summer.
If development occurs on this site, Mt. Comfort Rd. would need to be improved to a
minimum of 14' from centerline including pavement, curb and gutter, storm drains and
RZN 03-19.00: Rezoning (Broyles, PP 599) was submitted by Crafton, Tull and Associates on
behalf of Tom Broyles for property located east of Beechwood Avenue and south of 15`x' Street.
The property is currently zoned C-2, Thoroughfare Commercial and R-2, Medium Density
Residential. The request is to move the current zoning line to a new configuration with the
subject property being rezoned to R-2.
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
The property currently less to a 6" water line on Ashwoo and an 8" line on
Razorback Road. There a 12" waterline nearby at the in ion of 15' St. and
Razorback Road. Any development of this site would require that an 8" main be extended to
loop the 8" line on Razorback and the 6" line on Ashwood.
The site has several existing sewer lines located on the property.
Development of this property will require street improvements to Beechwood Ave. and 15'h
Street. This would include improvements to a minimum of 14' from centerline with
pavement, curb and gutter, storm drains and sidewalks.
4. RZN 03-20.00: Rezoning (Broyles, PP 599) was submitted by Crafton, Tull and Associates on
behalf of Tom Broyles for property located east of Beechwood Avenue and south of 15`h Street.
The property is currently zoned C-2, Thoroughfare Commercial and R-2, Medium Density
Residential. The request is to move the current zoning line to a new configuration with the
subject property being rezoned to C-2.
• 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
The property currently has access to a 6" water line on Ashwood Ave. and an 8" line on
Razorback Road. There is also a 12" waterline nearby at the intersection of 15St. and
Razorback Road. Any development of this site would require that an 8" main be extended to
loop the 8" line on Razorback and the 6" line on Ashwood.
The site has several existing sewer lines located on the property.
Development of this property will require street improvements to Beechwood Ave. and 15'h
Street. This would include improvements to a. minimum of 14' from centerline with
pavement, curb and gutter, storm drains and sidewalks.
5. 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 4.16 acres. The request is to rezone the subject property to C-1, Neighborhood
Commercial.
• 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.
The
property currently has
access to an 18" water
line on Wedington
Drive. There are also 4(
12"
and 8" linesto the south
on Rupple Road.
The site has access to a 6" and 8" sewer on the west side of the property.
Street improvements will not be required for development of this property. Rupple Rd. is
currently under construction adjacent to this site, and Wedington is already improved at this
location.
J: I PROJEC731 REZONING5106-09-03RZN
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Planning Commission
June 9, 2003
Page 21
a
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.
Hoover: Item
number ten
is RZN
03-21.00 submitted by John Nock for property at
4023
Wedington
Drive.
Dawn?
Warrick: The subject property is located on the west side of Rupple Road south of
Wedington Drive. The property contains just under two acres and
currently has a single-family home on the site. The property to the north is
vacant and is zoned C-1, Neighborhood Commercial. Surrounding
properties include a single-family home to the east, multi -family dwellings
to the west, and a vacant tract to the south, which is proposed to be the
location of fire station #7. The applicant does not have immediate
development plans or proposals for the subject property. The rezoning at
this time is being requested in order for the property to be divided so the
southern portion can be sold to the city for fire station #7. In looking at
that, the applicant and their representatives have identified an issue with
this property remaining A -I and the property to the south being developed
as a fire station with the property being zoned C-1 for neighborhood
commercial uses. Right now working south off of Wedington Drive you
have a C -I tract which is in the node of commercial and identified on the
General Plan and then you have this A-1 property. The southern portion of
it is proposed to be developed for a fire station. That leaves a remnant
tract that we are considering right now, the 1.98 acres for rezoning to C-1,
which would be consistent with extending the commercial node into this
area at the intersection of Wedington and Rupple. That might be a little
bit easier to reference using the maps on page 10.10, that has pretty good
representation. You can see the C-1 tract at the comer of Rupple and
Wedington and then the subject property. Further south of the subject
property, south of the site that hopefully will be developed for the fire
station, is property that is zoned for multi -family dwellings. This property
kind of becomes a transition. The General Plan designates this site as
residential. As I mentioned, it is a remnant, it is an in between tract. The
fire station site will create a definite boundary between the commercial
zoning to the north and the multi -family zoning to the south. With that, we
believe that it is justified and needed in order to maintain uniform zoning
and in order for this property to remain useful. The development of the
fire station on the southern edge will change the character of the property
and it will also provide a natural barrier between different land uses and
activity levels. The proposed zoning will allow for development of
neighborhood commercial uses, retail, restaurant, offices and similar uses
will be permitted. Access from the site is from Wedington Drive and on
Rupple Road, which will satisfy the demands of this type development.
Planning Commission"
June 9, 2003
Page 22
Rupple Road is currently under construction. It is identified on the Master
Street Plan and this leg of Rupple Road is being constructed and should be
completed later this summer to serve the Boys and Girls Club, which is
south andeast of this site. Staff is in favor of this request and I will be
happy to answer any questions you may have.
Hoover: Thank you Dawn, would the applicant come forward? Are you the
applicant?
Earnest: No Ma'am, I'm not. I am Hugh Earnest, I am the Chief Administrative
Officer, if I may beg the indulgence of the Commission Madam Chair. I
really came to listen to this today but Mr. Nock is not here and I know that
it is your policy probably that the applicant needs to be here for this. I
would simply beg your indulgence and ask you to go ahead and consider
this. This is the end of a process where Mr. Nock has worked with us.
We had originally moved fairly aggressively, according to some, to
condemn property further west from this from Mr. Hayden Mcllroy and
this was a compromise situation that we worked out between Mr. Nock,
Mr. McIlroy and ourselves. Mr. Nock has insisted that the rezoning occur
before he enables us to close on the property. For that particular reason I
would ask you to move on this tonight. I regret that Mr. Nock is not here.
I read very carefully Mrs. Warrick's staff report and it is excellent and
would hope that you would go ahead and consider this tonight.
Hoover: Thank you. Do any commissioners have a problem hearing this rezoning
request? Then we will continue on. Is there any member of the public
that would like to address this RZN 03-21? Seeing none, I will go ahead
and bring it back to the Commission.
Bunch: Just a question of clarification. On our drawings on page 10.10 is the
shaded in area just the property that is in question for this request? Does it
include or not include the part of the property in which the fire station is
proposed to be sited?
Warrick: The
shaded in area
is
only the area
subject to this request.
The proposed
fire
station property
is
south of that.
It is not included in this
request.
Bunch: Would there be any lot line adjustments or anything required for that?
Warrick: he property will need to be split. A lot split will need to be processed.
Bunch: What zoning district is required for a fire station?
Warrick: The current zoning on the property is A-1 and that is a use by right in A-1,
a fire station can be developed there.
Planning Commissions
June 9, 2003
Page 23
Bunch: Ok, thank you.
Estes: Dawn, why is this not considered spot zoning?
Warrick: Because it can be a consistent commercial node at this intersection. It can
adjoin the C-1 property to the north and become part of that consistent
uniform zoning on the west side of Rupple Road. If this were leap
frogging south of the fire station site I think it would be considered a spot
zoning. However, it is incorporated into this commercial area at that
intersection of the larger street. Staff felt that it was appropriate here.
Estes: Even though we are going from C -I south to C-2 and not from C-2 to C-
I?
Warrick: It is actually going from C-1 to C-1. The corner is zoned C -I currently.
Estes: Ok, I'm sorry, I see that.
Hoover: Are there any other comments?
MOTION:
Ostner: I live nearby a fire station. I wish businesses were there instead of me.
No one sleeps there. I will make a motion to forward RZN 03-21 to the
City Council.
Hoover: I have a motion by Commissioner Ostner, is there a second?
Shackelford: I will second.
Hoover: And a second by Commissioner Shackelford. Is there anymore
discussion? Seeing none, will you call the roll Renee?
Roll Call: Upon the completion of roll call the motion to forward RZN 03-21.00 to
the City Council was approved by a vote of 9-0-0.
Thomas: The motion carries nine to zero.
AFFIDAVIT OF PUBLICATION
I, , do solemnly swear that I am
Leg6l Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell, Arkansas, and that
from my own personal knowledge and reference to the files of said
publication, that advertisement of:
rc\; Kif �mQ o N\o . was inserted in the regular editions on
1fIZ
PO# O3 nnoot
Publication Charge:$
Subscribed and sworn to before me this
C day %2003.
Public
My Commission Expires: ±5- I- 0'1
** Please do not pay from Affidavit.
An invoice will be sent.
OFFICIAL SEAL
SHERI DENISE SUTTON RECEIVED
NOTARY PUBLIC . ARKANSAS ED
WASHINGTON COUNTY JUL 1 1 2003
COMMISSION EXP. 05/01/07
CRYOFfi4YETEYI
"LERK'S OFFICE
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
REZONING THAT PROPERTY DESCRIBED IN
UPON RVN 03-21.00 AS SUBMITTED BY
FOR PROPERTY LOCATED AT 4023
RIVE, FAYE TEVILLE. ARKANSAS. FROM A-1,
.TO C-1, NEIGHBORHOOD COMMERCIAL J Fayetteville
ED BY THE CITY COUNCIL OF THE CITY OF City of r
Section
Section 1: That the zc a dassirication of the following desalted property Is hereby denged as f0ltwa:
From A-1. Agricultural to C-1, Neighborhood Canmerolal as shown In Exhibit
'A' attached hereto and made a pert hereof
Section 2. That the ofidel zavng map of the City of FayetteMe. Arkansas, is haaby amended to reflect
the zoning denge Provided in Section 1 above.
APPROVED this the 1st day of July• 2003.
1 COODY Mayer
EXHIBIT 'A'
RZN 03-21.00
All that certain tract a parcel of land being apart of the NW 1/4 of the SE 1/4 of Section 12. Township
16 North. Range 31 West, Washington Canty, Arkensa5. Said tract being a portion of that same tract
as described in Bodo 1114, Page 526 of 6e records of the CbuAt perk and Ex-Offldo Recorder of
Washington Carry, Arkansas, art being morn partlaody dosed bed by metes and bounds as idbws,
to -wit: COMMENCING at the NE Caner of the NW 1/4 of the SE 1/4 of Section 12, Township 16 North,
Range 31 West, Washington County, Menses. THENCE - South 02° 15' 40' West 444.07 feet with the
east boundary tire of said'40': THENCE - Noth88° 36' 31' West 15.00 feet to a_' Iron Pin found fm
the POINT OF BEGINNING. Said point being on the west right-of-way tine of Rupple Road. THENCE -
South 02. 15' C West 206.89 feet with said right-of-way and to a 5/8' Iron Fin set; THENCE - NOM
87. 48 12° West 422.06 feet to a 5/8' Iron Pin set on the east boundary tine of THE MEADOWLANDS
PHASE 1 AND 2 subdMslon; THENCE -NOM 02' 12' 43' East 200.96 feet with said east boundary line
toil/2' Iron Pin found: THENCE - South 88° 36' 31' East 422.28 feet to the POINT OF BEGINNING.
The above descdbai Property having been surveyed by Bat L Petray, contains 1.98 acres of tat, more
FAYETTEVIfLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearman
City Clerk's Division
Date: July 8, 2003
Re: Ordinance 4499
Attached hereto is a copy of the above ordinance passed by the City Council, July 1, 2003,
approving RZN 03-21.00, as submitted by John Nock for property, located at 4023 Wedington
Drive.
The original ordinance will be microfilmed, recorded in the city clerk's office and published. If
anything else is needed please let the city clerk's office know.
/cbp
Attachment(s)
cc: John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering