HomeMy WebLinkAboutOrdinance 4165 FILED FOR RECORD
99 JUN 24 Pn 1 30
ORDINANCE N0.4165 WASHINGTON CO AR
K• HARNESS
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZ99-10 FOR A PARCEL
CONTAINING APPROXIMATELY 8.97 ACRES LOCATED AT
4786 NORTH CROSSOVER ROAD REQUESTED BY GLEN
CARTER ON BEHALF OF MARK FOSTER.
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-O Residential Office 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 18'' day of May 1999.
1b� APPROVED:
.a
By. Fed Hanna, Mayor
AT PEST_: '
Heather Woodruff, City Clerk
99057319
EXHIBIT "A"
LEGAL DESCRIPTION FOR RZ99- 10
Part of the Northeast Quarter of the Northwest Quarter of Section 19 and Part of the Southeast
Quarter of the Southwest Quarter of Section 18, all in Township 17 North, Range 29 West in
Washington County, Arkansas and being more particularly described as follows to wit:
Beginning at a point which lies N00°45'33"W 564. 14 Feet from the southwest corner of said
northeast quarter of the northwest quarter, section 19, and running thence, N00°47'31 "E 733.48 Feet,
thence N00°00'36"E 660.84 Feet, thence N89°40'40"E 300.01 Feet, thence S00°00'36"W 620.56
Feet, thence S53 °51 ' 19"W 111 .85 Feet, thence S00°47'31 "W 280.49 Feet, thence S59009'57"E
109.62 Feet, thence S00°00'36"W 372.76 Feet, thence N89°59'58"W 310.01 Feet to the point of
beginning containing 8.97 acres more or less.
99057320
46 AYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Janet Strain, Planning File Clerk
From: Heather Woodruff, City Clerk
Date: May 24, 1999
Attached is a copy of the Ordinance rezoning RZ 99- 10 for your records. Please distribute a
copy to your CAD draftsman to update your rezoning map. The original will be filed with the
county, then microfilmed and filed with the city clerk.
cc. Clyde Randall, Engineering
Ed Connell, Engineering
File
9905?321
I, Kathleen Hnmona, alwwi yia.l: awd Ex.efficio
Ro rdar for Washington County, Arkansas, do hereby
Oortity that this Instrument was filed for record in my
office as indicated hereon and tho same is now duly
recorded With the ackneWlodgement and certificate
thereon in Record Book and Page as indicated thereon.
IN WITNESS WHEREOF, I have hereunto set my
hand and & ixod the seal of said Court on the date indi-
cated hereon.
t'rthlcsn Itsr, ass
,.n1 Ex-nffi^b Recd , r
Fi - .
MICR01PTIMED df"; trvi= 'v ✓� 465
ORDINANCE NO. 4165 STATE OF ARKANSAS
JUN 0 ? 1999
AN ORDINANCE REZONING
THAT PROPERTY DESCRI. County of Washington ss. t-rW'pp1Fe� ACpT,,
BED IN REZONING PETITION r11`IAINC Uf 4
RZ99- 10 FOR A PARCEL
CONTAINING APPROXIMATE- I, JEFF JEFFUS, hereby certify that I am the publisher of THE
47 8.97 ACRES LOCATED AT NORTHWEST ARKANSAS TIMES, a daily newspaper havin a second class
4786 NORTH CROSSOVER Y9
ROAD REQUESTED BY GLEN mailing privilege, and being not less than four pages of five columns each,
CARTER ON BEHALF OF ublished at a fixed lace of business and at fixed
MARK FOSTER. P (daily)P C YJ Intervals
continuously in the City of Fayetteville, County of Washington, Arkansas for
BE ORDAINED BYTHE
HEcrr more than a period of twelve months, circulated and distributed from an
CfTV COUNCIL OF THE CfTY -
OF FAYETTEVILLE, established place Of business to subscribers and readers generally of all
ARKANSAS: classes in the City and County for a definite price for each copy, or a fixed
Sect on I. That the zone aassi- price per annum, which price was fixed at what is considered the value of the
fled pr of the following hanged publication, based upon the news value and service value it contains, that at
descri-
bed property is hereby changed P P
as follows: least fifty percent of the subscribers thereto have paid for their subscriptions
From A-1 , Agricultural, to R-O. to the newspaper or its agents or through recognized news dealers over a
Residential Office for the real period of at least six months and that the said newspaper publishes an
property described in Exhibit
A' attachededhereto and made average of more than forty percent news matter.
'
a part hereof. !
Sedan 2 That the official zon- I further pqrtify that the legal notice attach d in e matter
VOf
ing map of the City of Fayene-
ville, Arkansas, is hereby
amended to reflect the zoning
change provided in Section 1
ate' was published in the regular daily issue of said new paper for
PASSED AND APPROVED consecutive Insertions as fO S:
this fifth day of May
' 1999. The first insertion on the day of 19
APPROVED:.
the second insertion On the day of 19
By:
Fred Hanna, Mayor the third insertion on the day of 19 —
ATTEST: the fourth insertion on the ay of 19
By:
Heather Woodruff, City Clerk VW
I er/General Manager
EXHIBIT •A• Swom to and subscribed before me on this /day of
LEGAL DESCRIPTION FOR 1
RZ99-10
c
Part of the Northeast Quarter of
the Northwest Quarter of Sec- at erne Sall
l '
tion 19 and Part of the South- r Nota Public, State ofArkattsas Notary Public
east Quarter of the Southwest
Notary
Quarter of Section 18, all in ' Washington County 1
Township 17 North, Range 29 . My Commission Expire _ My Confifilssfull PIMS Uuz r
West in Washington County, �t(C(Kt«(tct(ttUU(ctcccUC((tt(X
Arkansas and being more par-
ticulars described as follows to
wit: Beginning at a point which
lies N00 45'33'W 564.14 Feel Fees for Printing.......................................................$
from the southwest corner of
said northeast quarter of the Cost of Proof.............................................................$
.said
quarter, section 19,
and running thence, N00
47'31 'E 733.48 Feet, thence Total..........................................................................$ -
NOO 00'36'E 660.84 Feet,
thence N89 40'400E 300.01
Feet, thence S00 00'360W
- 620.56 Feet, thence S53
51 '19'W 111 .85 Feet, thence
S00 47'31 'W 280.49 Feet,
thence S59 09'57'E 109.62
Feet, thence S00 00'36'W
372.76 Feet, thence N89
59'58'W 310.01 Feet to the ;l
point of beginning containing r:
8.97 acres more or less .
1
STAFF REVIEW FORM
X Agenda Request 1'
_ Contract Review
_ Grant Review
For the Fayetteville City Council meeting of May 18 , 1999 . MjT
CR Q )' T i ME D
FROM : l A• 10'$
Tim Conklin Planning Public Works
Name Division Department
ACTION REQUESTED : To approve an ordinance for RZ99-10 submitted by Glen Carter
on behalf of Mark Foster for property located at 4786 North Crossover Road .
The property is zoned A-1 . Agricultural , and contains approximately 8 . 97 acres .
The request is to rezone the property to R-O , Residential Office .
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 unting anager Date ADA Coordinator Date
C�ity At Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval and the Planning Commission
recommended to City Council that the rezoning be approved with a vote of 5 - 3- 0 .
Commissioners , Forney , Hoffman , and Hoover voted against the motion .
Commissioner Estes was absent .
�+ /'y-.?0-d949 Cross Reference
ision Hea . Date
a; n D ' ector Date New Item : Yes No
dmini r ti 'e- Services 1,D ,t, Prev Ord/Res# :
Dire f/i1/'jL
May Date Orig Contract Date :
Planning Commission Minutes
April 26, 1999
Page 33
RZ99-10 AND RZ99-I1 : REZONINGS
FOSTER, pp99 and 60
These items were submitted by Glenn Carter on behalf of Mark Foster for property located at
4786 North Crossover Road. The property is zoned A- 1 , Agricultural, and contains
approximately 57.23 .
Glenn Carter was present on behalf of the project.
Staff Recommendation
Staff recommends approval of the request rezonings from A- 1 to R- 1 and A- 1 to R-O.
Commission Discussion
Johnson: The request is to rezone an 8.97 acres tract to the west to R-0, Residential Office,
and a 48.26 acre tract to the east to R- 1 , Low Density Residential.
Conklin: With regard to the R-0 zoning, this is consistent with past actions that the
Planning Commission and City Council have approved. For example, David Lyle Subdivision
on Huntsville Road, Deerfield on Huntsville Road, Meadowlands on Highway 16 west, Magnolia
Crossing on 6th Street, Walnut Grove, Willow Springs, and Owl Creek have all had an R-0 or
C- 1 type zoning that has been approved as a buffer to the R- 1 .
Carter: I would like to add that the R-0 provides a buffer between R- 1 and highway
traffic. In the staff report I received the word "wall" is used and that will be a decorative
concrete fence similar to what you see on Skillern Road at Savannah Estates.
Public Comment
John Nooncaster was present and spoke in opposition to the zonings. He noted that he believed
that the application was incomplete.
Further Commission Discussion
Hoffman: Are we to vote on these independently?
Johnson: Yes.
MOTION
Planning Commission Minutes
April 26, 1999
Page 34
Ms. Hoffman made a motion to deny RZ99- 10.
Ms. Hoover seconded the motion.
Johnson: What does the 2020 Plan show for this area?
Conklin: It is shown to be residential.
Ward: I really don't think the motion is inconsistent with what we have been doing in the
past because a lot of subdivisions have residential offices along highways. It's been proven that
most people don't want to live on a major highway. It' s better to have a buffer between the
highway and houses and I'm not sure R-O is the one to buffer but it is ludicrous for us to try to
put homes right up against a state highway.
Johnson: There is R- 1 already built on Crossover but arguably the problem is urban sprawl
because all those lots are huge. I think if this is residential up to the highway then we would
have a lot of urban sprawl.
Hoffman: I think it is premature to zone at this stage.
Johnson: This couldn't come back for a year if this is denied.
Hoffman: I'm not adverse to rezoning to Commercial if there is need but I also feel it is our
duty to be responsible and not create too much empty zoning.
Ward: This is not being asked to be zoned C- 1 or C-2. This is residential office zoning
which seems to me to be close to what we want out there. Apartments out there is not the best
thing either. R-O is the best buffer between highways and residential homes.
Carter: I agree with Commissioner Ward. What we are trying to do is create a buffer
between the highway traffic and the residential. If we don't create a buffer it's going to
encourage large lots and reduced density. I just feel like if we had a buffer zone there with R-O
which is not high commercial like C- 1 or C-2, it would encourage a less dense type of
development with larger lots and it wouldn't worsen the traffic. We feel this is consistent with
what has been done in Fayetteville. I would like for you to consider the R-O buffer and the
decorative fence.
Forney : I 'm going to support the motion to deny the rezoning. R-O is a residential zoning
which is an attempt to make an office that is relatively unobtrusive.
Roll Call
Planning Commission Minutes
April 26, 1999
Page 35
Upon roll call, the motion failed with a vote 3-5-0. Commissioners Johnson, Odom,
Shackelford, Marr, and Ward voted against the motion
MOTION
Mr. Odom made a motion to approve RZ99- 10.
Mr. Shackelford seconded the motion.
Roll Call
Upon roll call, the motion passed with a vote of 5-3-0. Commissioners Forney, Hoffman, and
Hoover voted against the motion.
MOTION
Mr. Forney made a motion to approve RZ99- 11 .
Ms. Hoffman seconded the motion.
Roll Call
Upon roll call the motion passed with unanimous vote of 8-0-0.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501 ) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission Members
THRU: Tim Conklin, City Planner
FROM: Brent Vinson, Associate Planner
DATE: April 26, 1999
RZ 99- 10.009 11.00: Rezonings (Foster, pp 99, 60) was submitted by Glen Carter on behalf of
Mark Foster for property located at 4786 North Crossover Road. The property is zoned A- 1 ,
Agricultural, and contains approximately 57.23 acres. The request is to rezone an 8.97 acre tract
to the west to R-O, Residential Office, and a 48.26 acre tract to the east to R- 1 , Low Density
Residential.
RECOMMENDED MOTION:
Staff recommends for approval of the requested rezonings from A-1 to R-1 and A-1 to R-O
based on the findings included as part of this report.
PLANNING COMMISSION ACTION: YES Required
Approved Denied
Date: April 26, 1999
Comments:
CITY COUNCIL ACTION: YES Required
Approved Denied
Date:
y
BACKGROUND :
The applicant requests to rezone approximately 48 acres of land to R- 1 and approximately 9
acres to R-O. The R-O property would run along Hwy. 265 on the eastside with the R- 1 property
located to the east. The applicant plans to build a subdivision with a wall dividing the two
zonings. The land includes one residence and property which is currently being used as
farmland. The applicant plans to convert the existing residence into office space. A creek cuts
through the southern portion of the site. Springdale's city limits are approximately 200' away
from the property to be rezoned.
The applicant desires to have two entrances onto the property at the time it is developed.
According to the applicant, a strip of "landscaping and green space" will be provided along the
highway and the creek and this would include a park area at the time of development. The
applicant is interested in incorporating a trail along the creek to connect with the future botanical
garden and Lake Fayetteville's parks.
ADJACENT LAND USE AND ZONING:
North: Clear Creek Acres Subdivision exists north of the property.
South: Farmland and a single family residence exist to the south. Further south at Zion
Road there is a small strip center and Fayetteville Athletic Club.
East: Farmland and single family residences exist to the east.
West: The area between Highway 265 and Lake Fayetteville is proposed to become the
Fayetteville Botanical Garden in the future.
INFRASTRUCTURE:
Streets: Highway 265 is a Principal Arterial with 110' of right of way (55' on each side
from the centerline of the road).
Water: No sewer lines exists on the site. The closest sewer line in Fayetteville is an 8"
sewer line at Randal Place approximately 140' south of the site. The applicant is
advised that off-site water improvements will be at the cost of the developer.
Sewer: No waterlines exist on the site. The nearest waterline in Fayetteville is a 12"
waterline at Zion Road East approximately 100' from the site. The applicant is
advised that off-site sewer improvements will be at the cost of the developer.
LAND USE PLAN:
The Land Use Plan (General Plan 2020) shows this area as Residential. The area to the west of
Highway 265 is shown as Open Space/ Recreation.
RZ 99.00-6.00 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 Land Use Plan (General Plan 2020) shows this area as residential. The
zoning of Residential-Office is consistent with the plan. Low Density
Residential would also be consistent with the Land Use Plan.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zonings of R-O and R-1 are justified at this time to meet the
goals of the Land Use Plan.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning would not appreciably increase traffic danger and
congestion.
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 would increase the population density and would
increase the load on public services including schools, water, and sewer
facilities. On-site and off-site improvements will be required at the time of
Large Scale Development and Pre-plat approval.
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
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
