HomeMy WebLinkAboutOrdinance 4177 A •
ORDINANCE NO. 4177
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZ99-17 FOR A PARCEL
CONTAINING APPROXIMATELY 4.77 ACRES LOCATED AT
THE NORTHWEST CORNER OF WEDINGTON DRIVE AND
SALEM ROAD, AS REQUESTED BY MARSHALL CARLISLE
ON BEHALF OF MID-SOUTHERN ENTERPRISES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section That the zone classification of the following described property is hereby
changed as follows:
From R-2, Medium Density Residential, to R-O, Residential Office, for the real
property described in Exhibit "A" attached hereto and made a part hereof.
S . tion 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 17`" day of August , 1999.
APPROVED:
Ad '
i ; � i i .•;�J :
Fred Hanna, Mayor
By:
Heather Woodruff, City Cle
Ordinance 4177
EXHIBIT "A"
LEGAL DESCRIPTION FOR RZ99- 17
A part of the SW 1/4 of the Fractional NW 1/4 of Section 7, Township 16 North, Range 30 West in
Washington County, Arkansas, more particularly described as follows: Beginning at a point 496.05
feet West and S00°08'38"W 646.42 feet from the NE comer of said SW 1/4 of the Fractional NW I/4,
said point being the SE corner of Walnut Heights Subdivision and also being on the West right of
way of Salem Road, and running South with said right of way 287.23 feet; thence N89 °48'47'W,
726.04 feet; thence N00 °08'38"E, 284.86 feet to the SW corner of Walnut Heights Subdivision;
thence East, 725.32 feet to the Point of Beginning, containing 4.77 acres, more or less.
RECEIVED
STAFF REVIEW FORM JUL 2 9 1999
X Agenda Request
Contract Review CITY OFFAYETTEVILLE
Grant Review CITY CLERK'S OFFICE
For the Fayetteville City Council meeting of August 17 , 1999 .
FROM :
Tim Conklin Planning Public Works
Name Division Department
ACTION REQUESTED : To approve an ordinance for rezoning request RZ99- 17 submitted
by Marshall Carlisle on behalf of Mid-Southern Enterprises for property located
at the northwest corner of Wedington Drive and Salem Road . The property is zoned
R- 2 , Medium Density Residential , and contains approximately 4 . 77 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 :
Acc ti a ager DatQ _ � ADA Coordinator Date
Ci tr e Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval and the Planning Commission
approved the rezoning with a vote of 8 -0 - 0 .
7-+Y7-99 Cross Reference
D ' ision He Date
44
e a t itor a e New Item : Yes No
in a v Services Da e Prev Ord/Res# :
Dire 'y�/Gy
May Daae/ �/ Orig Contract Date :
JRZ99- 16 , 17 - Mid Southern Enterprises , Inc - Close Up
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RZ99- 17
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RZ99- 16 . 10
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c FAYETTEVILLE
THE CITY OF FAYETrEVILLE, ARKANSAS ,
113W. Mountain St.
Fayetteville, AR 72701
Telephone: (501 ) 575-8261
PLANNING DIVISION CORRESPONDENCE
TO : Fayetteville Planning Commission Members
THRU: Tim Conklin, City Planner
FROM: Brent Vinson, Associate Planner
DATE: June 28, 1999
RZ 99-16.00: Rezoning (Mid-Southern Enterprises, Inc., pp 401) was submitted by Marshall
Carlisle on behalf of Mid-Southem Enterprises for property located at the northwest corner of
Wedington Drive and Salem Road. The property is zoned R-O, Residential Office, and contains
approximately 5.2 acres. The request is to rezone the property to C-2, Thoroughfare
Commercial.
RZ 99-17.00: Rezoning (Mid-Southern Enterprises, Inc., pp 401) was submitted by Marshall
Carlisle on behalf of Mid-Southern Enterprises for property located at the northwest corner of
Wedington Drive and Salem Road. The property is zoned R-2, Medium Density Residential, and
contains approximately 4.77 acres. The request is to rezone the property to R-O, Residential
Office.
RECOMMENDED MOTION:
Staff recommends denial of the requested rezoning from R-O to C-2 based on the findings
included as part of this report. Staff recommends approval of the requested rezoning from
R-2 to R-O based on the findings included as part of this report with the provision that all
conditions of approval given in LS98-9 are completed to the satisfaction of the Planning
Commission.
PLANNING COMMISSION ACTION: YES Required
Approved Denied
Date: June 28, 1999
Comments:
CITY COUNCIL ACTION : YES Required
Approved Denied
Date:
Planning Conunission Meeting
June 28, 1999
RZ 99- 16 & 17 Mid-Southern
Page 5 & 6. 1
BACKGROUND :
A past request to rezone this property to C-2 was denied by the Planning Commission on
November 27 , 1989. This petition included this property on the west side of Salem Road as well
as property east of Salem Road. At that time, the Planning Commission recommended and the
City Council approved the rezoning of the property on the east side of Salem Road to C-2. The
subject property on the west side of Salem Road was not rezoned at this time (see attached
minutes for November 27, 1989 Rezoning Petition #R89-32 for Bob Davis and City Council
minutes.)
The applicant then brought forward a modified request on November 24, 1997 . The request
proposed rezoning 5 .45 acres to C-2 and 3 .34 acres to R-O. Staff recommended denial of the
requested rezoning as inconsistent with General Plan 2020 and not justified or needed at the time.
It was noted that an abundance of vacant C-2 property was in existence to the east (see attached
minutes for November 24, 1997 RZ97-21 .00 for Mid-Southern Interprises.)
The applicant later brought forward a request to rezone 5.20 acres of the subject property to R-O.
This request was recommended by the Planning Commission and approved by the City Council
(see attached Planning Commission minutes for January 12, 1998 RZ98-2.00 for Sam Rogers and
City Council minutes. )
A lot split was granted on March 23, 1998 to create a 1 .6 acre lot and an 8 .36 acre lot. Eleven
conditions of approval were given subject to approval (See attached minutes for March 23 , 1998
LS98-9 for Sam Rogers.) A bank was built on the 1 .6 acre lot at the intersection of Salem and
Wedington Drive.
The applicant is now requesting that the back 4.77 acres of the 8 . 36 acre tract presently zoned R-
2, be rezoned to R-O. The applicant is also requesting that the front 5.2 acres (including the 1 .6
acre tract with an existing bank) which is zoned R-O, be rezoned C-2. There is still vacant C-2
property to the east. Wedington Place is still being developed.
ADJACENT LAND USE AND ZONING:
North : Single family, R-2
South : Sports park, A- 1
East: A bank and undeveloped land, C-2
West: Single family and undeveloped land, A- 1
Planning Commission Meeting
June 28, 1999
RZ 99- 16 & 17 Mid-Southern
Page s & 6.2
INFRASTRUCTURE:
Streets: The site is adjacent to Highway 16 West (Wedington Drive) which is classified as
a Principal Arterial with 110' of R.O.W. Highway 16 West is in the process of
being widened to five lanes. Salem Road to the east is classified as a Collector
with 70' of R.O.W.
Water: There is an 8" waterline along Highway 16 West and Salem Road.
Sewer: There is an 8 " sewer line to the north along Mica Street and on Salem Road.
LAND USE PLAN:
The General Plan 2020 shows this area as Residential. The area to the east of Salem Road is
designated as Community Commercial .
§ 161.14 DISTRICT C-2 THOROUGH-FARE COMMERCIAL.
A. Purpose. The Thoroughfare Commercial District is designed especially to encourage
the functional grouping of these commercial enterprises catering primarily to highway travelers .
B. Uses.
1. Permitted Uses.
Unit l City-Wide Uses by Right
Unit 4 Cultural and Recreational
Facilities
Unit 12 Offices, Studios and Related
Services
Unit 13 Eating Places
Unit 14 Hotel, Motel and Amusement
Facilities
Unit 15 Neighborhood Shopping
Goods
Unit 16 ' Shopping Goods
Unit 17 Trades and Services
Planning Commission Meeting
June 28, 1999
RZ 99- 16 & 17 Mid-Southem
Page 5 & 6.3
Unit 18 Gasoline Service Stations and
Drive-In Restaurants
Unit 19 Commercial Recreation
Unit 20 Commercial Recreation, Large
Sites
Unit 24 Outdoor Advertising
Unit 33 Adult Live Entertainment Club
or Bar
2. Uses Permissible on A eat to the Planning Commission.
Unit 2 City-Wide Uses by
Conditional Use Permit
Unit 3 Public Protection and Utility
Facilities
Unit 21 Warehousing and Wholesale
Unit 28 Center for Collecting
Recyclable Materials
Unit 32 Sexually Oriented Business
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 C-2 (Thoroughfare Commercial) is not consistent with the plan.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning of C-2 is not justified and needed at this time because
there is adequate commercial property adjacent to and east of this site which
is currently undeveloped.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Planning Commission Meering !
June 28, 1999
RZ 99- 16 & 17 Mid-Southern
Page s & 6.4
Finding: The proposed zoning would create or 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 not undesirably increase the population density
and would not undesirably increase the load on public services including
schools, water, and sewer facilities.
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
t
Planning Commission Meeting
June 28, 1999
RZ 99- 16 & 17 Mid-Southern
Page 5 & 6.5
DESCRIBE PROPOSED PROJECT IN DETAIL
This property consists of 5 . 2 acres fronting on Highway
16 West ( Wedington Drive ) for approximately 700 feet
frontage . A portion of this tract was involved in a lot
split approved in March , 1998 . A tract consisting of 1 . 61
acres is now occupied by a bank building owned by Arkansas
National Bank . C- 2 zoning provides the only logical
development of the property in light of the widening of
Wedington Drive in this area . The property will be
developed by the owner .
DESCRIBE PROPOSED PROJECT IN DETAIL
This tract consists of 4 . 77 acres presently zoned R- 2 .
The request is to rezone the property to R- O - This zoning
will allow the owner/developer the flexibility of
neighborhood shopping , offices , financial services and
multi- family residential use . It will also provide a buffer
area between the commercial highway frontage and Walnut
Heights , a residential subdivision .
Planning Commission ,Neetiag
June 28, 1999
RZ 99- 16 & 17 Mid-Southern
Page s & 6.6
Planning Commission
November 27 , 1989
Page 9
Directors and asked Mr . Cummings if he would like to speak again as requested .
Mr . Cummings stated the matters that he needs to discuss are probably matters
that should be somewhere other than this , in litigation . •It certainly doesn ' t
involve the Planning Commission . He added that he thinks there is a little
problem with the sewer that they should try to get straightened out and he would
be more than happy to work with the City to do that . He commented that it has
been brought to his attention sufficient times and they need to have an
understanding regarding the sewer line that runs across this property . He noted
that he would ask that the committee would allow him or get authorization for
him to visit with whomever they feel is the correct management person about that .
Chairman Jacks advised that he should probably discuss this with the City
Engineer who should be available at just about any time .
PUBLIC HEARING - REZONING PETITION #R89 -32
BOB DAVIS - N OF HWY 16 W , E & W OF SALEM ROAD
The fourth item on the agenda was a rezoning petition flR89 - 32 submitted by Bob
Davis and represented by Dave Jorgensen of Jorgensen Engineers for property
located north of Highway 16 West on the east and west sides of Salem Road
containing 16 . 84 acres more or less . Request was to rezone from R- 2 , Medium
Density Residential to C - 2 , Thoroughfare Commercial .
John Merrell , Planning Management Director , stated that he doesn ' t have a lot
to add to the written staff report that was furnished in the agenda packet . He
advised that the staff has taken the position that they can not support the
rezoning requested based on the surrounding land use and surrounding zoning and
what they view as the growth trends in that area . He added that should it be
the inclination of the Planning Commission to favor a rezoning in this area , the
staff feels that the various alternatives of R-O , Residential-Office , might fit
the best and might represent some form of a buffer zone . He commented that he
has spoken to Bob Davis a couple of times about this petition and Mr . Davis has
certain information that he would like to present to the Commission . Staff
basically sees the issue here as where should the commercial development occur
on Wedington Drive and where should they draw the line from residential to
commercial . . The point the staff is trying to - imply is if this rezoning is
granted to C - 2 , it might be pretty difficult to refuse to grant later rezonings
to the west of this location . Although , the staff realizes that the petitioner
would like to have more options available to him and C- 2 certainly allows for
more than R- 0 .
Commissioner Hanna stated that when they had the workshop with Al Raby on the
new General Plan , Mr . Raby proposed a mall in this area . He noted that Mr . Raby
didn ' t pick the site out , but he assumes that Mr . Raby was considering the
location to be across the street from this property and slightly to the West .
Judging from what he has seen in other areas with a mall , he has a hard time
envisioning how they could fail to have rezoning requests to commercial for a
lot of property around the mall area . For example , there is a lot of commercial
( across the highway and to the south of the Northwest Arkansas Mall . He asked
Mr . Merrell - if he . had taken this into consideration when he made this
recommendation . Mr . . Merrell stated that he remembers that at one of the
Planning Commission Meeting
June 28, 1999
R7, 99- 16 & 17 Mid-Southern
Page s & 6. 7
Planning Commission
November 27 , 1989
Page 10
workshops with Mr . Raby , someone disagreed with the amount of proposed future
commercial land use that was shown in this area and he feels the same way . He
noted , however , that Mr . Hanna ' s point is well taken because if the final version
does show that much commercial in the area then the whole stretch of Hwy 16 West
between the Bypass and Rupple Road and maybe farther West would clearly be an
emerging commercial area . It depends on what the City decides on as far as the
Land Use Plan . He noted that he personally feels that Mr . Raby went a little
overboard with commercial in that area .
The public hearing was opened .
Dave Jorgensen , representative , handed out to the Commissioners some color - coded
zoning maps to show the surrounding zoning . He noted that he had submitted a
letter of transmittal for this request that is attached to the agenda . It states
that 1 ) the property has about 1 , 222 feet of length along Highway 16 and is
about 600 ' deep with R- 1 bordering on the west , R- 2 on the east and R-0 & C- 1
on the south . 2 ) Present Land Use : The existing property is vacant except for
Salem Road which runs though the center of the property in a north- south
direction . Salem Road was presumably intended to tie Highway 16 to Mount Comfort
Road to the North . There are several businesses to the South and the property
to the North ( Walnut Grove Addition ) has quite a bit of R- 2 and R- 1 property .
3 ) Water & sewer are in place on a portion of it and is readily available . 4 )
Fire Protection would be present with suitable fire hydrant. installations . 5 )
Highway 16 is considered a principal arterial and Salem Road has a 60 ' right -
of - way . The intention is to tie Highway 16 to Mt . Comfort Road to the North .
He explained that in general , they believe there is a public need for additional
commercial property in this area . There are presently 73 acres of single- family
or multi- family housing to the North with another 34 acres to the South of R- 2
property . There is only about 2 1 / 2 acres of land zoned C- 2 that can be
purchased west of the Bypass . He commented that he has been told that it is very
wise to allocate commercial property on an arterial street for various reasons
with a reasonable depth and width as opposed to striping with 100 ' to 200 ' strips
of commercial from one year to the next . He noted that they feel that this
development would enhance the surrounding property and with the high
concentration of R- 2 property , more commercial property is necessary in this area
to provide service to the surrounding area .
Mr . Jorgensen stated that when Mr . Davis came in and talked with him about this
particular rezoning request , he tried to keep an open mind about it . He
commented that this really isn ' t a frivolous request . He noted that the 71
Bypass will be Interstate 171 one of these days and probably in the near future .
Sooner or later , there will have to be something commercialized out there .
Mr . Jorgensen read from the proposed General Plan 2010 that was put out by Al
Raby ' s group which states that "primarily the western side of Fayetteville beyond
the bypass remains undecided . With the opening of Interstate 171 , the western
area will be the primary target for new growth . Given the established land use
plan and growing economic trends , there is likely to diversify that will include
a demand for major new commercial areas , industry , middle income housing and
transportation facilities . " He advised that all of this does not apply totally ,
Planning Commission Meeting
June 28, 1999
RZ 99- 16 & 17 Mid-Southern
Page 5 & 6.8
