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Home My WebLink AboutOrdinance 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. FAYETTEVILLE THE CITY OF FAYETTEVItE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Janet Johns, Planning From: Heather Woodruff, City Clerk Date: October 11, 1999 Attached is a copy of the ordinance approving the rezoning request RZ 99-25 for property owned by Butch Robertson. The original will be recorded with the County, then microfilmed and filed with the City Clerk. cc. Tony Webb, Planning Clyde Randall, Engineering Ed Connell, Engineering ORDINANCE NO. 4190 AN ORDINANCE REZONING THAT PROPERTY DESCRI- BED IN REZONING PETITION RZ99-25 FOR A PARCEL CONTAINING APPROXIMATE- LY 17.40 ACRES LOCATED WEST OF RUPPLE ROAD AND EAST OF MEADOW. LANDS SUBDIVISION AS RE- QUESTED BY DAVE JOR- GENSEN OF JORGENSEN ;AND ASSOCIATES ON BE- HALF OF BUTCH ROBERT- SON. BE IT ORDAINED BY THE CITY COUNCIL OFTHE OF FAYETTEVILLE, ARKANSAS: Section 1. That the zone classl- i lication of the following descri- bed property is hereby changed as follows: . From A-1, Agricultural to R-1.5, Moderate Density Residential, for the real property described in Exhibit N' attached hereto and made apart hereof. Section 2, That the official zon- ing map of the City of Fayette- ville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1. above. PASSED AND APPROVED this 5th day of October, 1999. APPROVED: By: Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City Clerk STATE OF ARKANSAS County of Washington } SS. RECEIVED DEC 28 1999 ACCTG" DEPT I, JEFF JEFFUS, hereby certify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at fixed (daily) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes in the City and County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service value it contains, that at least fifty percent of the subscribers thereto have paid for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months and that the said newspaper publishes an average of more than forty percent news matter. I further certify that the legal ndtice attached in the matter was published in the regular daily issue of said newspaper for consecutive insertions as follows: The first insertion on the day of 19 the second insertion on the day of 19 — the third insertion on the day of 19 Sworn to and subscribed before me on this ' day of n IcJ nYJJA —IT19 �rcrarrrrtarr.rrrr:<< --- Notary Public Catherine Sall ,� My Commission Expires: till �tateo1ATkansus ,< (l INUw gs CountY 0J27105'� fly Commission Fxp ct Fees for Printing Costof Proof.............................................................$ Total........................................................................$ _'/'-r/ FILED FOR RECORD 99 N0U 3 PN 25 WASHINGTON CO�kf''� ORDINANCE NO. 4190 K. HARNESS AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ99-25 FOR A PARCEL CONTAINING APPROXIMATELY 17.40 ACRES LOCATED WEST OF RUPPLE ROAD AND EAST OF MEADOWLANDS SUBDIVISION, AS REQUESTED BY DAVE JORGENSEN OF JORGENSEN AND ASSOCIATES ON BEHALF OF BUTCH ROBERTSON. 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-1.5, Moderate 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__5`h day of October , 1999. ATTES S/�T: By: 2La — `— - Heather Wo druff, City Clerk • • 1`• mssNd , APPROVED: By: Fred Hanna, Mayor 99099449 4 N