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HomeMy WebLinkAboutOrdinance 4152 FILED FOR RECORD 99 MRV 13 AM 11 10 WASHINGTON CO AR ORDINANCE NO. 4152 K . HARNESS AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ99-3 FOR A PARCEL CONTAINING APPROXIMATELY 2.37 ACRES LOCATED AT WEDINGTON DRIVE AND RUPPLE ROAD AS REQUESTED BY DAVE JORGENSEN OF JORGENSEN & ASSOCIATES ON BEHALF OF WHM LAND INVESTMENTS, INC. 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 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. AND APPROVED this Si" day ofApril 1999. APPROVED: red Hanna, Mayor ATTEST: / By: !//4 /xzz� Heather Woodruff, City Cler 99443469 EXHIBIT "A" LEGAL DESCRIPTION FOR RZ99-3 A part of the NEIA of SETA, Section 12, T16N, R31W being more particularly described as follows: Beginning at the NE Corner of the said NEIA , SEIA of Section 12, and thence N88034'51 "W 483.46 Feet, thence S01 °07'06"W 35 .95 Feet, thence N88 ° 50'55"W 416.00 Feet to the P.O.B.; thence SOI °07'06"W 300.00 Feet, thence N88 °50'55"W 343.61 Feet to the east right of way of proposed Rupple Road thence along said east R/W N00 °47'02"E 300.01 Feet, thence S88050'55"E 345.36 Feet to the P.O. B.; Containing 2.37 acres more or less subject to easements and rights of way. 99043'70 RMHlatan Hamas§ Circuit Clark and Ek-sffiafd 6 � F (dF �Washlhgmn Colinty Arkenaav, Ho Ndfg�.y fe +!W lt.AF N* Iq.t1Vna,ji pas ItlaFI rar record In my office as indlc4Y3d q'rzgq pd the same is now duly repo rded v;ith tha nci:r,;,€r!rdp„ment and certificate thereon in ilsco,J Bcjvk and Rzoo as Indicated thereon. IN WIYNESC WHEI12017, I hove hereunto set my hand and affixod tHo za2l of &aid Court on file date indi- catod heroon. ka;hlasn Hamans Circus! CIarH ^ ,q Efa, Odor FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Janet Johns, Planning Secretary From : Heather Woodruff Date: April 9, 1999 Attached is a copy of the ordinance approving rezoning request RZ 99-3 for your files. The original will be file marked at the county, then microfilmed and filed in the city clerk' s office. CC. Tony, Planning John Goddard, Data Processing Clyde Randall, Engineering Ed Connell, Engineering MICROIFILMED STATEbFARKANSAS County of Washington } SS. APR 2 0 1999 I, JEFF JEFFUS, hereby certify that I ainrlhe fbllslr, of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class ORDINANCE NO. 4152 mailing privilege, and being not less than four pages of five columns each, AN ORDINANCE REZONING published at a fixed lace of business and at fixed (daily) Intervals THAT PROPERTY REZONING P P YJ BED IN REZONING PETITION continuously in the City of Fayetteville, County of Washington, Arkansas for RZ99-3 FOR A PARCEL CON- TAINING APPROXIMATELY more than a period of twelve months, circulated and distributed from an 2.37 ACRES LOCATED AND established lace of business to subscribers and readers generally of all WED INGTON DRIVE AND p 9 Y RUPPLE ROAD AS RE- classes in the City and County for a definite price for each copy, or a fixed QUESTED BY DAVE JOR- GENSEN OF JORGENSEN 8 price per annum, which price was fixed at what is considered the value of the ASSOCIATES ON BEHALF OF publication, based upon the news value and service value it contains, that at WHIM LAND INVESTMENTS, INC. least fifty percent of the subscribers thereto have paid for their subscriptions BE IT ORDAINED:BY THE to the newspaper or its agents or through recognized news dealers over a cm COUNDIL,oE:THE CITY period of at least six months and that the said newspaper publishes an OF FAYETTEVILL& ARKAN- SAS: average of more than forty percent news matter. Section 1 . That the zone clas- sification of the following descd- I further certify that the legal notice attached in the matter of bed property is hereby changed as follows: From A-1 , Agricultural, to C-1 , 1l l ll A lM 1 C--�J -1 Off/ Neighborhood Commercial for the real properly described in was published in the regular daily issue of said newspaper for therExhibit 'A' apacheattachtl hereto and P 9 Y made a part hereof. consecutive insertions as follows: Sect On 2 That the official zon- Dip rlnn ing map of the City of Fayette- The first insertion on the da of 19 `1"1 vine. Arkansas, is hereby Y amended to reflect the zoning change provided in Section 1 above. the second insertion on the day of 19 — PASSED AND APPROVED this 6th day of April . the third insertion on the day of 19 — 1999. APPROVED: the fourth insertion on the ay of 19 By: ammommm Fred Hanna, Mayor er/General Manager ATTEST: / By: Sworn to and subscribed b re me on this f day of Heather Woodruff; City Clerk 19 EXHIBIT 'A' 1Catilerine Sall LEGAL DESCRIPTION FOR Notary Public, State of Arkansas ' otary Public RZ99-3 WashingtonCounty ,< M Commission Ex ires: p 3 A part of the NN, R 1 being Y P ((r ( Section 12. T16N, escri being («(IX<C[(<cttttUl(<cUKc(c(c((c�( more particularly described as follows: Beginning at the NE Corner of the said - NE114, Fees forPrintin (J SE1 /4 of Section / 2, and g.......................................................$ thence N88 34'51 'W 483.46 Feet, thence 501 07'06'W 35.95 Feet. thence N88 Cost Of Proof.............................................................$ 50'55'W 416.00 Feet to the P.O.B.; thence S01 07'06'W y U 300.00 Feet. thence N88 Total..........................................................................$ 50'55'W 343.61 Feet to. the east right of way of proposed - Rupple Road thence along said east R/W N00 47'024E 300.01 Feet, thence S88 50'55'E 345.36 Feet to the P.O. B.: Containing 2.37 acres more"or less subject to easements and rights of way. H84 99-r3 a v STAFF REVIEW FORM X Agenda Request Contract Review MICROFILMED Grant Review For the Fayetteville City Council meeting of March 16 , 1999 FROM: Alett Little Planning Public Works Name Division Department ACTION REQUESTED : To approve RZ99-3 submitted by Dave Jorgensen of Jorgensen —& Assoc . on behalf of WHM Land Investments , Inc . for property located at Wedington Drive and Rupple Road . This 2 . 37 acre tract is currently zoned A-1 , Agricultural and the Planning Commission recommends rezoning to C-1 , Neighborhood Commercial . 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/LEASE REVIEW: GRANTING AGENCY : c unt ngmanager DADA Coordinator Date C y o e Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommends approval and the Planning Commission recommended to City Council that the rezoning be approved with a unanimous vote of 8 - 0-0 . Commissioner Forney was not present . a- alo• 5� Cross Reference *Admin ' Date Z -zc- may D ' ector ate New Item : Yes No ivServices Prev Ord/Res# : Mayvr Date Orig Contract Date : Minutes of Planning Commission February 22, 1999 Pate 8 :RZ99=3, 99-4, 99-5 : REZONINGS MEADOWLANDS, pp439 This item was submitted by Dave ,Jorgensen of Jorgensen and Associates on behalf of WHM Land Investments, Inc. for property located at Wedington Drive and Rupple Road. The property in' Tract 1 -is zoned A- l , Agricultural and contains approximately 2.37 acres. The request is to rezone the property to C- 1 , Neighborhood Commercial . The property in Tract 2 is zoned A- I , Agricultural , and contains approximately 4 .09 acres. The request is to rezone the property to C- I , Neighborhood Commercial . The property in Tract 3 is zoned A- 1 , Agriculture, and contains approximately 31 .91 acres. The request is to rezone the property to R-2, Medium Density Residential . Staff recommended approval rezoning Tracts 1 and 2 from A- 1 , Agricultural to C- 1 , Neighborhood Commercial . Further, staff recommended approval rezoning Tract 3 from A- I to R-2 (Medium Density Residential) . Staff noted to the applicant that the City ' s sewer facilities may be subject to a moratorium in the near future. Dave Jorgensen and Butch Robertson were present on behalf of project. Little: I believe we should discuss these all at one time. Each of them will require a separate motion and vote. Committee Discussion Jorgensen : I am representing the owners on behalf of this request. As you mentioned, Tract I is an existing 2 .37 acre parcel of property that is located at the southeast corner of Rupple Road extension at Wedington Road. Tract 2 is at the southwest corner of that same intersection with 4 .90 acres. Both of these tracts of property are existing A- I parcels of property. Our request is to rezone these to C- 1 on both corners. They are surrounded, generally, by C- 1 property to the north, C-2 property to the southwest, A- I to the south and R-0 to the east. The third tract of property is the larger tract which is 32 acres located to the south of the Rupple Road extension as planned through there. The existing tract is A- 1 and the request is to go to R-2 . Public Comment Mr. Vernon McBride who owns the property south of Tract 3 spoke in opposition to rezoning that tract to R-2 on the grounds that it could allow for a mobile home park or a very dense residential area. Fie requested that Tract 3 be rezoned to R- 1 .5 . He stated he had 80 acres south of the subject property and in the future might develop that as R- I with one acre lots. He also expressed concern about drainage issues from a previous project developed, The Meadowlands. Minutes of Planning COmmission February 22 , 1999 9 = Further Commission Discussion Jorgensen: I can say that for slue a mobile home park is not planned in that area. What is planned for the R-2 is an apartment complex. You may still have an objection to that. A mobile home park is definitely not planned in there. MOTION Mr. Odom made a motion to approve RZ99-3 rezoning Tract I from A- I to C- I .- Mr. Ward seconded the motion. Roll Call Upon roll call , the motion passed with a unanimous vote of 3-0-0 . MOTION Mr. Odom made a motion to approve RZ99-4 rezoning Tract 2 from A- I to C- 1 . Mr. Shackelford seconded the motion. Roll CMI Upon roll call , the motion passed with a unanimous vote of 5-0-0. Further Commission Discussion Estes: As I look at the one mile radius vicinity map that we were provided, south of Wedington, the only place I see R-2 is over there where the apartments are off of the Bypass. Would R- 1 .5 satisfy your needs for the 31 .91 acres? Jorgensen: I would have to ask Butch Robertson. Robertson: We want R-2. Jorgensen: You may want to comment on some of the on going discussions about the park and the Youth Center. Robertson: I don' t know whether you remember or not but part of this property is where the school negotiations were about putting a middle school there adjacent with a ten acre park. As Minutes of Planning Commission February 22, 1999 : Page 10 - `part' ofphase 1 , 25 3 ,4 , and 5 of The Meadowlands development, we pledged 9.3 acres of park land at the southeast corner of the property. The school was to be built adjacent to this property to provide a playground area for the school and also a nice park for that area. For whatever reasons, the school got moved north and now Wedington is being widened out to the entrance of The Meadowlands with four lanes. This make ingress and egress much easier. We are currently ` talking with some people at the Youth Center about the possibility of building a new youth center project out there. I don' t know if this will bear fruit or not but we are in the process of discussing it. That would put the Youth Center and the park together and instead of having a 10 acre park, there would be 20 acres with the Youth Center, having a swimming pool , football Geld, soccer field, basketball goals and have a real community development there for a recreational facilities. In conjunction with that, on the north end of the east side of Rupple, we would like to provide some apartments in there. This seems to be the best use for the property and I believe the staff agrees with the R-2 zoning. That is why we are bring forward this request for R-2 . I will be happy to Field any questions you may have. Estes: What you have in mind then, is the apartments would be on the northwest corner of the R-2 tract and the Youth Center and the park area described would occupy the remainder. Robertson : That is what we are talking about now. Hopefully, that is what will come to pass. We ' re just now getting down to discussing this with the powers that be and hopefully we can get this worked out. I certainly would like to see this out there and everyone knows we need a new Youth Center. This would be a real plus to the western side of Fayetteville to have that kind of facility with a park in conjunction with the Youth Center which gives you plenty of room for playgrounds and all, the activities that the Youth Center provides. Estes : I agree that would be an ideal use and I would like to see something like that. I would just be concerned about having 32 acres of apartments out there. Robertson : It won' t be that much. The Youth Center is going to need 10 to 15 acres. We haven' t decided the amount. We' re still talking to those people and we haven' t even gotten down to the nuts and bolts of it but we feel like somewhere in the 10 to 15 acres range coupled with the 10 acre park would give a tremendous complex there and that would leave roughly 20 acres for apartments. Hoffman : I have an observation. It seems more like you may be a little bit premature in requesting the entire 32 acres be rezoned R-2 and possibly this would be better served to be developed as a PUD that has green space allocations instead of rezoning the entire tract for this much development at this time. Have you thought about that? I also encourage the Youth Center. Robertson: If we reduced it from 31 acres to 21 acres, and left the 10 in there for the Youth Minutes of Planning Commission February 22, 1999 ` Center and the park, world that work? Hoffman: At this stage, I ' m not real sure what needs to happen. Robertson: What we are trying to do is something really positive for the western side of Fayetteville. It really needs a shot in the arm. I think this is a move in the right direction. We want Meadowlands to be a nice development, which it is. The city wanted a blend of duplexes and houses. They seem to exist pretty well together. The housing development is a little slower than what we had anticipated and that is why we are moving on to this other area. Eventually, we hope to have the balance of that Meadowlands development which has about 70 acres in it to be residential which would Put the whole west side of Rupple Road residential with a mixture of duplexes and houses and then the east side of Rupple would be the park, the Youth Center, and some apartments. They want Rupple Road to have a 90 feet right of way which will be a boulevard . We would be willing to talk to the City about dedicating the extra A feet that they will need because there is a 60 feet right of way now and they need 90 to make that a boulevard which gives you the separation that you need between the two types of projects. We really feel like we have all the buffers there. We built one retention pond because we only did Phase I and II_ The second retention pond comes when you do Phases III and IV . We understand the water and drainage situations and we will deal with that to try and be good neighbors to everyone there. We don' t want anyone to have a water problem. Tucker: I ' m hesitant to approve all 31 acres as R-2 for the same reasons as expressed previously. I ' m also in favor of the Youth Center and all that but if that does not conic to pass, then we still have zoned the entire tract for potential use as R-2 capacity. It seems as if it is not really what you want to have happen anyway. It seems premature for the whole 3 l acres to be rezoned R-2. Robertson: We would be receptive to reducing that by 10 acres which is basically what the Youth Center indicated they would need and if they need a little more than that then that would just reduce the 21 acres. Odom: Staff, how do we get through this at this late hour? Keep in mind that we are nothing more than a body that recommends something to the City Council anyway . Robertson: All of this has to go to large scale development before anything is done anyway, so we will back to you again. Odom : We approve large scale development but we are nothing more than a body that recommends items to be rezoned to the City Council . They are the ones with the final authority on the rezoning. How do we posture a motion? Minutes of Planning Commission February 22, 1999 Pale 12 - --- Little-: ,* -Little: ,' I think what you would have to do is recommend approval to the City Council for "x" amount of acres. But, prior to that going forward, we would have to have the legal description because in order for the ordinance to be written you have to have a legal description of the exact acreage. If that is what you are choosing to do, I think that you have a way to do that. Hoffman : Is there any schedule for the connection of Rupple Road and Persimmon? Little: When the development conies along. Hoffman: On one hand, I have a concern about adding a great number of units to essentially a long, dead end street. This development has no way to connect this to Persimmon until other development occurs. On one hand, t want to encourage that. On the other hand, I want to encourage they reduce the number of acres to be rezoned . Little: You could also ask for this portion of it to be tabled until you had the drawing before you so that you would know exactly what it is you are recommending. You have a couple of options. Odom: I believe the spirit of what we wanted could be ironed out by the time it got to City Council . Ward : The other thing we could do if the issue is to limit, is to condition it upon 12 units per acre for the whole 32 acres and then if some of those acres are developed by the Youth Center, it could be limited to 400 units. You would still have the same number of units you could build on the 20 acres that you have left. It would work out about the same. Little: 32 acres multiplied by 12 units per acre gives us 384 units. Ward: That's one way of doing it. Robertson: Basically, what that would mean is if we sold the ten acres off to the Youth Center and have 20 acres left, we could still have 384 units. Ward: If you are going to build duplexes, you won' t have any problems. If you build a large apartment complex, you could build 12 units per acre pretty easily. Little: For comparison purposes, if you had 20 acres and you develop that at 24 units per acres, that would be 480 units. Robertson : So you are reducing the amount by 100 units. Minutes of Plarming Commission February 22, 1999 - Page 13 - - ' Johnson'. Do we have the power to recommend a rezoning with these kinds of conditions on it? Odom: Not really. I don ' t think we can say we' ll do it if they will do this. But, if the applicant is saying they will willingly offer a bill of assurance we can do that. Is that right? Little: Right. Ward : Would it be bestjust to table this? Odom : Tile only problem with tabling this is it has to come back before us and then it ' s got to go to the City Council. Why don' t we try to get something in the form of a motion that carries the spirit of what we want to accomplish and we can iron out the details between now and the City Council . Robertson: I would prefer if Planning Commissioners would go with us on this to reduce it from 31 acres to 21 acres to be rezoned R-2 and leave the 10 acres in there for the Youth Center project and it would be rezoned to whatever would allow for that use unit. We want to go ahead and rezoned 21 acres R-2 and we will provide you with an amended legal description. If the Youth Center needs more than the 10 acres, then we can negotiate that and whatever the difference is would be R-2 : I think the 10 acres is going to be a minimum requirement for the Youth Center project coupled with the 93 acres for park land . That ' s going to give a 20 acres facility which will be really nice. Tucker: Is it your intent that 21 acres be the northernmost 21 acres? Robertson : Yes, sir. Little: The rezoned 2l acres would be the northernmost 21 acres. Robertson : Yes. MOTION Mr. Ward made a motion to recommend RZ99-5 as per the request of the petitioner to rezoning 21 . 19 acre of the northernmost 31 . 19 acres to be zoned R-2 . Mr. Tucker seconded. Odom : Staff, do you feel that our minutes will accurately reflect the intent of the applicant in our recommendation?