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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. 99099450 Ik.1kafifle 4d +Ha�meRm+ cC1rwndt eEAlerkf oAadt1 +�+110 do n Ce�fhatjhiInstf( grt woi 4rrecerdln�'Bte my office as indicated h0regff Amid the same iq now duly recorded with the aChnCwtadggtPDnt and gertitieate thereon In 1i Book and PillisIndicated thereon. IN WITNQSS VJHRREQC; I have hereunto eat my hand and offixed the Beal BI said Ceun on the date indi- cated hereon, Kath n uarnaee C: ,. .;lark and e>rr.I!IrW Aeo9rdar f r17 1r 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 R.3 HM2M M1 G1 U WEOINGTW RZ99 - 24.00 G7 2.0.0 A5 Acres € RL c+ R799-4.00 RZ99-3.00 A-1 to C-1 A-1 to C-1 4.09 Ac. 2.37 Ac. M 0 WEEN NiNE`$IAGE Qz pay M1 J Z A-1 w, 0 A-1 III---���ttt GRGWN aGWER .5 M1 ❑ M, Z > RZ99-25.00 P-1 A-1 to R-1 .5 PE ROWER 17.40 Acres o cDkt �" S RZ99-5.00 A-1 to R-2 21 .91 Ac. R - 2 M M q-t A- 1 Geru�e. N 400 0 400 Feet E S RZ99-25 . 00 - Robertson - One Mile Diameter _ 1 1 NEW BRIM 1 SANDING 1 1 1 I R-1 1 1 1 R1 O R-1.5 1 � RLOWE 1 1 '1 RAL 1 PRI R-1.5-1.5 1 1 R-2 D R-1. 2 2 � R2 0 1 1 1 1 ® R-2 _w 1 A7 A7 A7 Al I T R 2 A7 _ _ R.2 G2 G1 G7 R Al -D R-0 w c1 G7 G1 Al G R-0 -1 Al R-1d { N RA-1 Al 1 � i� R-1 R-1 R-2 Al R-1 Al City Limits 1400 0 1400 Feet N E S RZ99-25 . 00 - Robertson - General Plan - 2020 - Future Use Plan • - I 1 _ 1 EW BRIDGE 1 SANDING 1 _ 1 L FLOWE 1 1 1 CHAPARRAL P1 1 C . 1 1 - w a ii a Q 1 — — — — — — — — w 1 1 LL EDINGT ❑ - - - - - - - - - r j/ NGER L O City Limits 1400 0 1400 Feet N 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.