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HomeMy WebLinkAboutOrdinance 4154 FILED FOR RECORD ' 99 MY 13 An 11 N WASHINGTON CO AR ORDINANCE NO. 4154 K . HARNESS AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ99-5 FOR A PARCEL CONTAINING APPROXIMATELY 21 .91 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 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. PASSED AND APPROVED this day ofnn •l 1999. ; AYE ( APPROVED: o G� By: y �r Fr Hanna, Mayor ATT EST e ; By: Heather Woodruff, CiVCOferk 990434'73 EXHIBIT "A" LEGAL DESCRIPTION FOR RZ99-5 A part of the SEI/4, SETA and part of the NEIA, SEI/4 all in Section 12, T16N, R31 W and being more particularly described as follows: Commencing at the NE Corner of said NEIA, SE1/4 thence N88034'51 "W 483 .46 Feet, thence S01 °07'06"W 35.95 Feet, thence N88 °50'55"W 416.00 Feet, thence SOI °07'06"W 969.20 Feet to the P.O.B.; thence S88 °48'23"E 416.00 Feet, thence S88056'59"E 330.00 Feet, thence S01 °05' 12"W 870.38 Feet, thence West 1081 . 18 Feet, thence N00047'02"E 892.59 Feet, thence S88043'24"E 339.71 Feet to the P.O.B.; Containing 21 .91 acres more or less. 99043479 I ttethtdon H:aroo, Chcult Ciir4 ad Mi-ohlolo 6t,h I` tat rry„hinhton Ccunty, Mmn=•9, do hcraby ITOV that thio 100rum^nt vfou msd tnr r¢rard IP t iy oiii;,a ea iW14r;11t4 h,trj d Or"I ihd cah+e le lid'a duly reca,L4 t1,8h Ih9 LtGhPWt;'tC.�_.• -,igFt aitd Mrfiflzata L•tnron lei Rc. v:d {:ooic .;nl Page cc thsron. IN NJI*t N:-.9U V'JFt14:G0Is, I have haraunto sot my hand and ptiiseJ th3 ;:^.81 at pall GoliB on tho data Indi- cataJ linrcon. Kathleen He n,.,qq Circuit 01^r and B , ffictu �?:~5;rdr FAYETTEVILLE THE CITY OF FAYETTEVIEEE, 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 99-5 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 MICROFILMED STATE OF ARKANSAS APR 2 0 1999 County of Washington ss. q}^'[�,Gf ORDINANCEN0. 4154 111f E1OF GO4 AN ORDINANCE REZONING I, JEFF JEFFUS herebycertify that I the publisher of THE THAT PROPERTY DESCRI- r cerY am BED IN REZONING PETITION NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class RZ99.5 FOR A PARCEL CON- TAINING APPROXIMATELY mailing privilege, and being not less than four pages of live columns each, 21 .91 ACRES LOCATED AT WEDINGTON DRIVE AND published at a fixed place of business and at fixed (daily) intervals W ED RUFFLE ROAD AS RE- Continuously In the City of Fayetteville, County of Washington, Arkansas for GUESTED AVE D BY JOR- GENSEN OF Y RAVES O 8 more than a Pheriod of twelve months, circulated and distributed from an ASSOCIATES ON BEHALF OF established place of business to subscribers and readers generally of all WHM LAND INVESTMENTS. INC. Classes In the City and County for a definite price for each Copy, or a fixed BE IT ORDAINED BY THE price per annum, which price was fixed at what is considered the value of the CITY COUNCIL OF THE CITY publication, based upon the news value and service value it contains, that at OF FAYETTEVILLE. ARKAN- SAS: least fifty percent Of the subscribers thereto have paid for their subscriptions m DSA section 11 . That ma gone clae- to the newspaper or its agents or through recognized news dealers over a sifcation of the following descri- I period of at least six months and that the said newspaper publishes an bed property is hereby changed I as follows: average of more than forty percent news matter. From A-1 , Agricultural to R-2, I furt r Certify that the legal notice attached in the matter of Medium Density Residential, for the real property described in I Exhibit %Am attached hereto and l /'1 . r./� nn /I 1 / 6 1 made a part hereof. 11`lll...l1UU��11 Illi_[ l_SL/ I J _I Section 2. That the official zon- ing map of the City of Fayette- was published in the regular daily issue of said newspaper for ville, Arkansas, is hereby amended to reflect the zoning consecutive insertions as fol ows: change provided in Section 1 1 above. The first insertion on the W110day of 19 — PASSED AND APPROVED this 6th day of April, 1999. the second insertion on the day of 19 — APPROVED: the third insertion on the day Of 19 By: Fred Hanna, Mayor the fourth insertion on the — ATTEST: iA By: Publisher/General Manager Heather Woodruff, City Clerk Sworn to and subscribed before me on this day of EXHIBIT 'A' 1g1 I LEGAL DESCRIPTION FOR ! !!! !! ! RZ99-5 r ! ! ! ! LA A part of the SEI/4. SE1/4 a14loalt part of the NEI/4, SEI/4 all in I Notary Public, Statc ofArkarlsas <Notary Public Section 12, T16N, R31 W and' I being more particularly tlescri , Washington county as follows: Commencing at ' My Commission Expires: M the NE Corner of said NEI/4, CCCCCCCCC(c6t4((KCC<(CCCC(CC((<(<(Cry SE1 /4 thence N88 34-51 -W 483.46 Feet, thence S01 7 tJ � /O 07'06'W 35.95 Feet, thence N88 50'55•W 416.00 Feet, Fees for Printing.......................................... .......$ thence S01 07'06'W 969.20 Feet t0 the P.O.B.; thence 588 E 416.00 Feet, thence Cost of Proof.............................................................$ Feet t 56'S9'E Feet, the thence 501 OS'12"W'12'W 870.38 Feet, thence West 1081 . 18 Total..........................................................................$ Feet, thence N00 47-02-E 892.59 Feet, thence $88 43'24-E 339.71 Feet to the P.O.B.: Containing 21.91 acres more or less. y ,ea 4f�Af R9 3.vo X Agenda Request STAFF REVIEW FORM MICROlF I L M E D _ Contract Review 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 RZ99-5 submitted by Dave Jorgensen of Jorgensen S Assoc . on behalf of WHM Land Investments , Inc . for property located at Wedington Drive and Rupple Road . This 21 . 91 acre tract is currently zoned A-1 , Agriculturdi and the Planning Commission recommends rezoning 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/LEASE REVIEW : GRANTING AGENCY : Ac unt ' anager D to ADA Coordinator Date 91tJ Aft" 2 Dam 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 . d-a L 5? Cross Reference *or Date ^^L{D''a.t��e New Item : Yes No ces D� Prev Ord/Res# : )� 4F Date Orig Contract Date : Minutes of Planning Commission February 22, 1999 Page 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- 1 . 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- 1 , Agricultural , and contains approximately 4 .09 acres. The request is to rezone the property to C- 1 , Neighborhood Commercial . The property in Tract 3 is zoned A- 1 , Agriculture, and contains approximately 3) 1 .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- l 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 1 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- 1 parcels of property. Our request is to rezone these to C- 1 on both corners. They are surrounded, generally, by C- I 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. He 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- 1 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 _ = - Page 9 - - - ^Fiirthcr "Commission Discussion Jorgensen : I can say that for sure 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 8799-3 rezoning Tract I from A- I to C- 1 . Mr. Ward seconded the motion. Roll Call Upon roll call, the motion passed with a unanimous vote of 8-0-0. MOTION Mr. Odom made a motion to approve RZ99-4 rezoning Tract 2 from A- 1 to C- 1 . Mr. Shackelford seconded the motion. Roll Call Upon roll call , the motion passed with a unanimous vote of 8-0-0. 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 sonic 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 - _ paft o1"phase-1 , 2, .i, 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 field, 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 arc 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 Plannina Commission February 22, 1999 - ' ' Center aril the park, would 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 30 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 come 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 3l 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 -Page 12 Liitle: - - - - - 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 comes 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, I 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 sante. 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 Planning Commission February 22, 1999 - Page l :i - Yo-l�nson: 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 best just to table this? Odom: The 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 21 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?