HomeMy WebLinkAboutOrdinance 4143 ORDINANCE NO, 41 4 3
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED `
IN REZONING PETITION RZ99-1 FOR A PARCEL
CONTAINING APPROXIMATELY 22.38 ACRES LOCATED
NORTH OF THE WASHINGTON COUNTY FAIRGROUNDS
AND EAST OF HIGHWAY 71 BYPASS, AS REQUESTED BY
THOMAS HOOPER OF CRAFTON, TULL AND ASSOCIATES
ON BEHALF OF LINDSEY MANAGEMENT COMPANY.
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 , Agriculture, to R-2, Medium Density Residential, for the real property
described 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.
PISSED AND APPROVED this 2nd day of March 1999.
O I,","}ice„'` •
j > . • APPROVED:
: IIW144100�
, j + By Fred Hanna, Mayor
ATTEST:
By:
Bather Woodruff, City Clertr
ord . 4143
EXHIBIT "A"
LEGAL DESCRIPTION FOR RZ99- 1
Apart of the Southeast Quarter (SEl/4) of Section 33, Township 17 North, Range 30 West, being
more particularly described as follows: Beginning at a point on the North Property line of the
Washington County Fair Association Property, which is North 88 °49' 12" West, a distance of
1320.42 feet; and North 01 000'25" East, a distance of 1209.08 feet from the Southeast Corner of said
Section 33, thence along said Property Line North 88 °45' 15" West, a distance of 1190.53 feet to a
Found Iron Pin on the East Right of Way of Highway 71 ; Thence along said Right of Way North
32 °58'19" East, a distance of 565.37 feet to a Found Pipe; Thence North 31032'55" East, a distance
of 402.54 feet to a Right of Way Marker; Thence North 33018'39" East, a distance of 180.51 feet
to a Found Pipe; Thence leaving said Right of Way South 88001 '56" East, a distance of 698.62 feet
to the West Right of Way of a Road; Thence along said Road Right of Way South 01 '05'50" West,
a distance of 972.60 feet to the North Property Line of said Washington County Fair Association
Property; Thence along said Property Line North 88 '45' 15" West, a distance of 106.79 feet to the
POINT OF BEGINNING. Containing 974879.02 square feet or 22.38 acres, more or less. Subject
to all easement, right of way, or restrictions of record.
3-02- 1999 4 : 27PM FROM LINDSEY 5015278840 P. 2
. b '�lannin Y� I �
BILL OF ASSURANCE
EXHIBIT. B
This declaration of a Bill of Assurance made this 1st day of March, 1999 by
Lindsey Multi-Family Group, a Limited Partnership, owner of the following described
real property located in the City of Fayetteville, Washington County, Arkansas :
A part of the Southeast Quarter (SE 114) of Section 33,
Township 17 North, Range 30 West, being more
particularly described as follows : Beginning at a point on
the North property line of the Washington County Fair
Association Property, which is North 88049' 12 " West, a
distance of 1320.42 feet; and North 01000' 25 " East, a
distance of 1209,08 feet from the Southeast corner of said
Section 33, thence along said Property Line North
88 045115 " West, a distance of 1190 . 53 feet to a Found
Iron Pin on the East Right of Way of Highway 71 ; thence
along said Right of Way North 32 ° 58 ' 19 " East, a distance
of 565 . 37 feet to a Found Pipe; thence North 31 032155 "
East, a distance of 402 . 54 feet to a Right of Way Marker;
thence North 33018'39" East, a distance of 180. 51 feet
to a Found Pipe; thence leaving said Right of Way South
88001 ' 56 " East a distance of 698 . 62 feet to the West
Right of Way of a Road; thence along said Road Right of
Way South 01050' 50" West, a distance of 972. 60 feet to
the North Property Line of said Washington County Fair
Association Property; thence along said Property Line
North 88045115 " West, a distance of 106. 79 feet to the
POINT OF BEGINNING, containing 97487.9. 02 square feet
or 22 . 38 acres, more or less , Subject to all easements,
rights of way, or restrictions of record . Subject to
protective covenants and easements, if any,
WHEREAS, the aforesaid owner of the real property described above has
secured the approval of the Fayetteville City Council to amend the Fayetteville zoning
map to rezone the above described property from A-1 to R-2; and
WHEREAS, the owner has offered and agreed to limit the number of apartment
units built on such real property to no more than 228 without obtaining further
approval from the Fayetteville Planning Commission; and
WHEREAS, the owner is desirous of making a declaration of the same in the
form of this Bill of Assurance with the intention of binding itself, its successors and
assigns and the afore-described real property and its subsequent owners with the
obligations and restrictions hereinafter set forth for all present and future
3
development and use of said property.
NOW, THEREFORE, the owner declares that the above described real property
shall be held, developed, transferred, sold, conveyed and occupied subject to the
covenants and restrictions herein set forth :
1 . Not more than 228 apartment units will be constructed on the above
described real property without further approval from the Fayetteville Planning
Commission . This restriction will not preclude construction of a club house,
managers ' quarters, pool, tennis court, and other amenities .
WITNESS my hand this 1st day of March, 1999.
LINDSEY MULTI-FAMILY GROUP,
A LIMITED PARTNERSHIP
BY: LINDSEY MULTI-FAMILY MANAGEMENT
COMPAN INC. , GENERAL PARTNER
BY:
aures m ey P sident
ACKNOWLEDGMENT
STATE OF ARKANSAS )
) ss.
COUNTY OF WASHINGTON )
On this 1st day of March, 1999, before undersigned, a Notary Public, duly
commissioned, qualified and acting, within and for the said County and State,
appeared in person the within named James E. Lindsey, to me personally known ,
who stated that he was the President of Lindsey Multi-Family Management Company,
Inc. , the General Partner of Lindsey Multi-Family Group, a Limited Partnership, and
was duly authorized in his respective capacity to execute the foregoing instrument
for and in the name and behalf of said corporation, and further stated and
acknowledged that he had so signed, executed and delivered said instrument for the
consideration, uses and purposes therein mentioned and set forth .
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this
1st day of March , 1999.
My Commission Expires :
taryr kbI
OFRCIAL SEAL
KAREN McCOY
NOTARY PUBLIC - AWANSAS
WASHINGTON COUNTY
m2LJ0MM. EXPIRES 6 / 1 2002
U
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
March 10, 1999
To: Janet Johns, Planning Secretary
From: Heather Woodruff, City Clerk
Attached is a copy of the ordinance approving rezoning request RZ 99- 1 . The original will be
file marked at the county, microfilmed and filed with the city clerk.
Cc. Clyde Randall, Drafting
Ed Connell, Land Agent
John Goddard, Data Processing
File
MICROFILMED STATE OF .ARKANSAS .
MAR 0 y 1999
County of Washington ss.
FINANCE OEM
I, JEFF JEFFUS, hereby certify that I am the publisher of THE
NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class
mailing privilege, and being not less than four pages of five columns each,
published at a fixed place of business and at fixed (daily) intervals
continuously in the City of Fayetteville, County of Washington, Arkansas for
more than a period of twelve months, circulated and distributed from an
ORDINANCE No. 4149 established place of business to subscribers and readers generally of all
AN ORDINANCE REZONING classes in the City and County for a definite price for each copy, or a fixed
THAT PROPERTY DESCRI- price per annum, which price was fixed at what is considered the value of the
BED IN REZONING PETITION
RZ99-1 FOR A PARCEL CON- publication, based upon the news value and service value it contains, that at
22.38 G APPROXIMATELY least fiftypercent of subscribers hth
ers tereo have aid for their subscriptions
rAINI ACRES LOCATED tf thb
p p
NORTH OF THE WASHING- t0 the newspaper Or Its agents Or through recognized news dealers over a
TON COUNTY FAIR-
GROUNDS AND EAST OF period of at least six months and that the said newspaper publishes an
HIGHWAY 71 BYPASS, AS average of more than forty percent news matter.
REQUESTED, BY THOMAS
HOOPER OFCRAFTON, TULL,
AND ASSOCIATES AN BE- I further certify that the legal notice attached in the matter of
HALF OF ASSOCIATES
LINDSEY MANAGE '7 9
MENT COMPANY.
BE IT ORDAINED BY THE, lord f rianj2e
CITY COUNCIL OF THE CITY
OF FAYETTEVILLE.
ARKANSAS , was published in the regular daily issue of said newspaper for
Section i. That the zone clan- consecutive insertions as follows:
.bed pro or the following descrangel' y72��rh J7 I /.� /y
as f property is hereby changed' ( 2
as tonows: - The first insertion on th , day of 19
From A-1 , Agriculture, to R-2,
Medium Density Residential, for the second insertion on the day of 19 —
the real property'described in
Exhibit 'A" attached hereto and ,
I made:a Part hereof the third insertion on the day of 19
Section 2. That the off icial zon
Ing map of the-City of Fayette. the fourth insertion ion On the
villa. Arkansas; is hereby 9 —
amendep ,tci reflect the zoning
change provided in Section 1,
above.
PASSED AND APPROVED u fisher/General Manager
this ' 2nd day of March �j
1999Swom to and subscribed before me on this day of
APPROVED: #
19
By:
Fred Hanna, Mayor
ATTEST. - Notary Public
By:
Heather Woodruff. City Clerk My Commission Expires:
Fees for Printing.......................................................$ 9" y
Costof Proof..........................................6..................$ l '
Total...........................................:.:............................$ �/. �• .a
RZ 99-1
MICROFILMED C.2.1
STAFF REVIEW FORM ��- � q I
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of March 2 , 1999 .
FROM :
Alett Little Planning Public Works
Name Division Department
ACTION REQUESTED : To approve rezoning request RZ99-1 submitted by Thomas Hooper
of Crafton , Tull and Associates on behalf of Lindsey Management Company rezoning
22 . 3 acres of property located north of the Washington County Fairgrounds and
east of Highway 71 bypass from A-1 , Agriculture to R-2 , Medium Density
Residential .
COST TO CITY :
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 ASE REVIEW : GRANTING AGENCY :
A ounting ager ,{'gate (�C ADA Coordinator Date
Cit Attorney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval of the rezoning with the owner
being made aware that a moritorium could be imposed in the near future due to
sewer capacity . The Planning Commission approved the request with a unanimous
vote of 9-0-0 .
Cross Reference
VAdmin ' rat
Date
ctor Date New Item : Yes No
Services Date Prev Ord/Res# :
�
May ate Orig Contract Date :
RZ •99- 1
C,2,2
FAYETTEVILLE
THE CITY OF FAYETTEV ILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone:
PLANNING DIVISION CORRESPONDENCE 501 -575-8264
TO: Fayetteville Planning Commission Members
THRU: Alett S. Little, City Planner
FROM: Brent Vinson, Associate Planner
DATE: February 8, 1999
RZ 99-1.00: Rezoning (Lindsey, pp 287) was submitted by Thomas Hopper of Crafton, Tull
and Associates on behalf of Lindsey Management Company for property located north of the
Washington County Fairgrounds and east of Highway 71 bypass. The property is zoned A- 1 , .
Agricultural, and contains approximately 22.3 acres. The request is to rezone the property to
R-2, Medium Density Residential.
RECOMMENDED MOTION:
Staff recommends for rezoning the property from A-1 to R-2 with the inclusion that the
City of Fayetteville's sewer facilities may be subject to a moratorium in the near future.
PLANNING COMMISSION ACTION: YES Required
Approved Denied
Date: February 8, 1999
Comments:
CITY COUNCIL ACTION: YES Required
Approved Denied
Date: / /
RZ 99-1
C.2.3
BACKGROUND :
The applicant requests to rezone a parcel of land from A- 1 (agricultural) to R-2 (medium density)
in order to build an apartment complex. 228 apartment units would be constructed on 22.3 acres
plus an office, football field, basketball gymnasium, and associated lakes. There would be 19
twelve-plex units. The units would be similar to other apartments the applicant has build
elsewhere in Fayetteville. The property is owned by Jim Lindsey and was bought from Meriam
Calabria. The name of the apartment complex would be Razorback Estates. Signage would
include a monument sign on McConnel Avenue to the east of the site and a monument sign along
the bypass. Traffic would be carried on McConnel and on Hall Avenue (Garland Ave.). Sewer
is available north of the proposed site on McConnel Avenue north of the property and water is
available at Drake St. further north.
The proposed apartment complex would almost be surrounded by agricultural land uses. To the
north is the Washington County Fairgrounds. To the east is the University of Arkansas
Experimental Farm. The land west of the bypass is being utilized as pasture land and to the north
is the Southwestern Bell Telephone Company. There has been some concern from the University
that the apartment complex would not be compatible to the experimental fields. They believe
larger fences would have to be provided on their property and that access routes would have to be
changed. The site uas recently been cleared and smaller trees removed in preparation of the new
development.
ADJACENT LAND USE AND ZONING
North: Southwestern Bell Telephone Company, zoned C-2
South: Washington County Fairgrounds, zoned A- 1
East: University of Arkansas Experimental Farm, zoned A- 1
West: Interstate 540 bypass.
INFRASTRUCTURE:
Streets: McConnel Road is a Collector with a 70' right of way.
Interstate 540 bypass is a Freeway/Expressway.
Water: An 8 " waterline exists on McConnel Avenue north of the site.
Sewer: A 6" sewer line exists on McConnel Avenue north of the site and a 10" sewer line
exists on Drake Street south of the site.
RZ 99-1 '
L2.4
LAND USE PLAN:
General Plan 2020 shows this area as Mixed Use. Township Street is shown extended along the
southern boundary line south of the Washington County Fairgrounds which is south of the
property proposed to be rezoned.
§161.06 DISTRICT R-2 MEDIUM DENSITY RESIDENTIAL.
A. Purpose. The High Density Residential District is designed to permit and encourage
the developing of a variety of dwelling types in suitable environments in a variety of densities.
B. Uses.
1. Uses Permitted.
Unit 1 City-Wide Uses by Right
Unit 8 Single-Family Dwellings
Unit 9 Multifamily Dwellings -
Medium Density
2. Uses Permissible on App eal to the Planning Commission.
Unit 2 City-Wide Uses by Conditional
Use Permit
Unit 3 Public Protection and Utility
Facilities
Unit 4 Cultural and Recreational
Facilities
Unit 11 Mobile Home Park
Unit 25 Professional Offices
C. Density.
Families Per Acre 4 to 24
RZ 99-1
C.2.5
D. Bulk and Area Regulations.
1. Lot Width Minimum.
Mobile Home Park 100 Feet
Lot within a 50 Feet
Mobile Home Park
One Family 60 Feet
Two Family 60 Feet
Three or More 90 Feet
Professional 100 Feet
Offices
2. Lot Area Minimum.
Mobile Home Park 3 Acres
Lot Within a 4,200 Sq. Ft.
Mobile Home Park
Row House:
Development 10,000 Sq. Ft.
Individual Lot 21500 Sq. Ft.
Single-Family 63000 Sq. Ft.
Two-Family 79000 Sq. Ft.
Three or More 99000 Sq. Ft.
Fraternity or 2 Acres
Sorority
Professional 1 Acre
Offices
3. Land Area Per DwellingUnit.
Mobile Home 3,000 Sq. Ft.
Apartments:
Two or More 21000 Sq. Ft.
Bedrooms
One Bedroom 1 ,700 Sq. Ft.
No Bedroom 17700 Sq. Ft.
RZ 99-1
C.2.6
Mobile Home 39000 Sq. Ft.
Fraternity or 100 Sq. Ft. per
Sorority Resident
E. Yard Requirements (feet).
FRONT SIDE REAR
YARD YARD YARD
25 8 25
Cross Reference: Variances Chapter 156.
F. Height Regulations. Any building which exceeds the height of 20 feet shall be set
back from any side boundary line an additional distance of one foot for each foot of height in
excess of 20 feet.
RZ 99.00-2.00 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 rezoning proposed is consistent with the land use planning objectives,
principles, and policies of the land use and zoning plans.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The zoning is justified at this time to meet the goals of General
Plan 2020 for infill development.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning would create and appreciably increase traffic danger
and congestion.