HomeMy WebLinkAboutOrdinance 4190 Ordinance 4190
EXHIBIT "A"
Part of the NW 1 A of the SE 1/4 and part of the SW 1/4 of the SEI/4 all in Section 12, T16N, R31 W
and being more particularly described as follows: Commencing at the NE Corner of said NWl /4,
SEI/4, tence S00°44'30"W 820.00 Feet to the P.O.B.; thence S00044'30"W 1781 .75 Feet, thence
N88031 '09"W 413.92 Feet, thence North 1782.52 Feet; thence S88 °28'40"E 437.00 Feet to the
P.O.B.; Containing 17.40 acres more or less subject to easements and Right of Way of record.
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STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of September 21 , 1999 .
FROM:
Tim Conklin Planning Public Works
Name Division Department
ACTION REQUESTED : To approve an ordinance for RZ99- 25 as submitted by Dave
Jorgensen of Jorgensen and Associates on behalf of Butch Robertson for property
located west of Rupple Road and east of Meadowlands Subdivision . The property
is zoned A- 1 , Agricultural and contains 17 . 40 acres . The request is to rezone
the property to R- 1 . 5 , Moderate 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 :
A ti ger ate ADA Coordinator Date
City Att r y Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval and the Planning Commission
approved the request with a unanimous vote of 9-0 - 0 .
Cross Reference
i sion He ! n Date
Qree D��L
part re or LDateG New Item : Yes No
i s rati. e Services Date Prev Ord/Res# :
Di o
Ma or Date Orig Contract Date :
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113W. 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: August 9, 1999
RZ 99-25 : Rezoning (Robertson, pp 439) was submitted by Dave Jorgensen of Jorgensen &
Associates on behalf of Butch Robertson for the property located west of Rupple Rd. and east of
Meadowlands Subdivision. The property is zoned A- 1 , Agricultural and contains 17.40 acres.
The request is to rezone the property to R- 1 .5 , Moderate Density Residential.
RECOMMENDED MOTION:
Staff recommends approval of the requested rezoning from A-1 to R-1.5 based on the
findings included as part of this report.
PLANNING COMMISSION ACTION: YES Required
Approved Denied
Date: August 9. 1999
Comments:
CITY COUNCIL ACTION: YES Required
Approved Denied
Date: / /
BACKGROUND :
The applicant requests 17.40 acres located south of Wedington Drive be rezoned to R- 1 .5
(Moderate Density Residential.) The property is located between the Meadowlands Subdivision
and Rupple Road. The property is owned by Melinda McIlroy.
On February 22, 1999, the applicant requested the rezoning of 31 . 19 acres east of Rupple Road to
R-2. The northernmost 21 . 19 acres was rezoned and the southernmost 10 acres was left as A- 1
(see attached minutes of the February 22, 1999 Planning Commission Meeting.)
ADJACENT LAND USE AND ZONING:
North: A single family residence exists to the north, zoned A- 1 .
South: The property outside the city limits is currently being used for agricultural
purposes.
East: The property to the east of the undeveloped Rupple Road is zoned R-2. A Youth
Center is planned for the A- 1 property on the southernmost portion of the property
inside the city limits.
West: The Meadowlands Subdivision is located to the west, zoned R- 1 .5 and R- l .
INFRASTRUCTURE:
Streets: The subject property is off of 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. Rupple Road is gravel and is a dead end
south of the intersection of Highway 16 West.
Water: An 8 " waterline exists along Highway 16 West. It is proposed to become an 18"
waterline with the expansion of Highway 16 West (Wedington Drive.)
Sewer: A 6" sewer line exists along Highway 16 West (Wedington Drive.)
LAND USE PLAN:
The General Plan 2020 shows this area as Residential. The area to the east past the R-2 property
is shown as Office and the property around the Wedington Drive/Rupple Road intersection is
Community Commercial.
§ 161 .05 DISTRICT R-1 .5 MODERATE DENSITY RESIDENTIAL.
A. Purpose. The Moderate Density Residential District is designed to permit and
encourage the development of detached and attached dwellings in suitable environments, to
provide a development potential between low density and medium density with less impact than
medium density development, to encourage the development of areas with existing public
facilities and to encourage the development of a greater variety of housing values.
B. Uses.
1 . Permitted Uses..
Unit 1 City-Wide Uses by Right
Unit 2 Single-Family and Two-Family
Dwellings
Unit 26 Single-Family Dwellings
Unit 29 Single-Family, Two-Family and
Three-Family Dwellings
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
C. Density.
Families Per Acre 1 12 or Less
D. Bulk and Area Regulations.
One- Two- Three-
Family Family Family
Lot 60 ft. 70 ft. 90 ft.
Minimum
Width:
F
Area 6,000 7,260 10,890
imum: I sq. ft. I sq. ft. sq. ft.
One- Two- Three-
Family Family Family
Land Area 6,000 31630 3,630
Per sq. ft. sq. ft. sq. ft.
Dwelling
Unit:
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 R-1.5 (Moderate Density Residential) is 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 R-1 .5 is justified and needed at this time.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning would not 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. The applicant is advised that onsite and
offsite improvements will be required at the time of development.
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
RZ99-25 . 00 - Robertson - Close Up
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RZ99-25 . 00 - Robertson - One Mile Diameter
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City Limits
1400 0 1400 Feet
N
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RZ99-25 . 00 - Robertson - General Plan - 2020 - Future Use Plan
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E Open Space + + + + Mixed Use Residential
Recreation + + +
Jill University � Regional Commerical
S
Minutes of Planning Commission Meeting
August 23 , 1999
Page 30
RZ99-25 : REZONING
ROBERTSON, PP439
This item was submitted by Dave Jorgensen of Jorgensen of Associates on behalf of Butch
Robertson for property located west of Rupple Road and east of Meadowlands Subdivision. The
property is zoned A- 1 , Agricultural and contains 17.40 acres. The request is to rezone the
property to R- 1 .5, Moderate Density Residential .
Dave Jorgensen and Butch Robertson were present on behalf of the request.
Staff recommended approval of the requested rezoning from A- 1 to R- 1 .5 based on the findings
in the staff report.
Commission Discussion
Johnson: Tim do you have rationale for your recommendation to approve this rezoning?
Conklin: Staff has recommended approval of the rezoning from A- 1 to R- 1 .5 . It is adjacent
to Meadowlands Subdivision which part of it was developed as R- 1 .5 . To the east, it is adjacent
to an R-2 zone which was approved in January of this year. This is located on the west side of
Rupple Road and it will be extended per the Master Street Plan. There has been discussion
regarding a new youth center and if you' ll look at page 14 .9 you see the proposed location of the
youth center. Our general plan does recommend a mix of residential uses and therefore, staff
does recommend approval.
Johnson: This is pretty straight forward. Mr. Jorgensen, do you have anything to add to the
staffs presentation?
Jorgensen: Nothing other than in this case, we happen to agree with the staff comments.
Public Comment
None.
MOTION
Odom : I ' ll move approval of rezoning 99-25 .
Johnson: Is there a second?
Bunch: Second.
Minutes of Planning Commission Meeting
August 23 , 1999
Page 31
Johnson: 1 have the motion by Commissioner Odom, seconded by Commissioner Bunch to
approve RZ99-25 . Is there discussion of the motion?
Roll Call
Upon roll call, the motion passed with a unanimous vote of 9-0-0.
Johnson: The rezoning is recommended to the Council.