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Home My WebLink AboutOrdinance 4202 FILED FOR RECORD ' 00 FEB 24 an 10 10 WASHINGTON CO AR ORDINANCE NO. 4202 K . HARNESS t- AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ99-31 .00 FOR A PARCEL CONTAINING APPROXIMATELY 8.37 ACRES LOCATED SOUTH OF APPLEBY ROAD AND EAST OF APPLEBY APARTMENTS AS REQUESTED BY DAVE JORGENSEN OF JORGENSEN AND ASSOCIATES ON BEHALF OF BLEAUX BARNES. 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 , Low 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 16th day of November 1999. c � APPROVE !` By: F ed Hanna, Mayor S i- By* Heather Woodruff, City C rk 2000013728 ord . 4202 EXHIBIT "A" LEGAL DESCRIPTION FOR RZ99-31 .00 Part of the S %2 of the NE'/< and part of the SE'/< of the NE'/< of Section 34, T- 17-N, R-30-W, Washington County, Arkansas, being more particularly described as follows: From the NE comer of said S %2, NE'/<, NE'/<, Section 34, run thence N89028'49" W 532. 19 feet along the North line of said 20 Acre tract to the P.O.B. ; thence S 00°09' 11 " W 727. 17 feet, thence N 89 ° 59'20" W 509.46 feet to the East side of a creek; thence along said East side of creek the following courses; N 20049'57" E 183 .48 feet, thence N 36026' 10" W 150.73 feet, thence N 15 032'26" E 227.82 feet, thence N 22006' 17" W 237.39 feet, thence S89028'49" E 563 .99 feet along said North line to the P.O.B. containing 8.37 Acres more or less and being subject to the Right-of-Way of Appleby Road on the North side thereof and to all easements of record. 2000013729 MKIeh H 044; UtopdINC'tlk' Pp ad dohoebV , N" ttloforrecord In minc , ted hsrton and flip sonle IS now duly recorddd vvlth (Ih9 aokne;^sdl::ni;,m add e4*r;(ilcate therapp In Regprd [jpok end FcI li ra ifdce4ad fhargpn. IN WITNP_SS V4HFnFQF, I lino hereuntq §ei ny hand an i ottix,d 1119 a ,91 R} @' 11 f q 1A flf1 th9 d9te i�dl- ce'.d hprgon. Kb'ri- rP f+'- fanb9 Rnj Fz:pf;ren P10rn..idi STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of November 16 , 1999 . FROM: Tim Conklin Planning Public Works Name Division Department ACTION REQUESTED : To approve an ordinance for RZ 99- 31 . 00 submitted by Dave Jorgensen of Jorgensen and Associates on behalf of Bleaux Barnes for property located south of Appleby Road and east of Appleby Apartments . The property is zoned A- 1 , Agricultural and contains approximately 8 . 37 acres . The request is to rezone the property to R- 1 , Low 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 : Ac - un ng Manager Date ADA Coordinator Date v-0 -tib C t Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and the Planning Commission voted unanimously to approve the request with a vote of 8 - 0 - 0 . /O Cross Reference D ' ' on Head Date D arD ' ector pate New Item : Yes No UA I A i r tive ervices Date Prev Ord/Res# : Direct A Mayor 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 FROM: Tim Conklin, City Planner DATE: October 25, 1999 RZ 99-31.00: Rezoning (Barnes, pp 250) was submitted by Dave Jorgensen of Jorgensen and Associates on behalf of Bleaux Barnes for property located south of Appleby Road and east of Appleby Apartments. The property is zoned A- 1 , Agricultural and contains approximately 8.37 acres. The request is to rezone the property to R- 1 , Low Density Residential. RECOMMENDED MOTION: Staff recommends approval of the proposed R-1 zoning based on the findings included as part of this report. PLANNING COMMISSION ACTION: YES Required Approved Denied Date: October 25, 1999 Comments: CITY COUNCIL ACTION: YES Required Approved Denied Date: H.\USERACOMMOMP[ANNER\Oct25PC\RZ99-31 Bams.wpd BACKGROUND : The applicant requests the rezoning of approximately 8.37 acres from A- 1 to R- 1 (Low Density Residential). The owner is Paul Martin and the applicant is Bleaux Barnes. The property has 564 feet of frontage on Appleby Road and is located between apartments to the west and Quail Creek Subdivision/single family homes to the east. ADJACENT LAND USE AND ZONING: North: Washington Regional Medical Center, zoned A- I South: Vacant land, zoned Gregory Park is directly south and zoned R- 1 .5 East: Quail Creek Subdivision, zoned R- 1 West: Apartments, zoned R-2 INFRASTRUCTURE: Streets: Appleby Road is a two lane street and classified as a collector which is designed to carry 4,000 to 6,000 vehicles per day. Water: There is a 6" waterline to the east located within Quail Creek Subdivision and an 8" waterline to the west located within the apartment complex. Sewer: There is a 16" sewer line to the west and a 6" sewer line to the south. LAND USE PLAN: The General Plan 2020 shows this area as Residential § 161.04 DISTRICT R-1: LOW DENSITY RESIDENTIAL. A. Purpose. The Low Density Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. B. Uses. 1. Permitted Uses. Unit 1 City-Wide Uses by Right Unit 26 Single-Family Dwelling H:\USERACOMMOMPL NNER\Oct25PCVtZ99d1Bams.wpd 2. Uses Permissible on Apieal 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 Unit 8 Single-Family and Two-Family Dwellings C. Density. SINGLE-FAMILY TWO FAMILY DWELLINGS DWELLINGS 4 or Less Families 7 or Less Families Per Acre Per Acre D. Bulk and Area Regulations. Single- Two-Family Family Lot 70 ft. 80 ft. Minimum Width Lot Area 8,000 sq. ft. 12,000 sq.ft. Minimum Land Area 8,000 sq. ft. 6,000 sq. ft. Per Dwelling Unit E. Yard Requirements (feet). FRONT SIDE REAR YARD YARD YARD 25 8 20 F. Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. HAUSERS\COMMOWLANNEAOc25PC\RZ99d1Bam .wpd (Code 1991 , § 160.031 ) 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 proposed zoning of R-1 (Low 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 to R-1 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 R-1 would not create or appreciably increase traffic danger and congestion in this area. 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 to R-1 would not alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. On-site and off-site improvements including sewer will be required at the time of Large Scale Development or Preliminary 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 HAUSERSCOMMON\PL NNERkOc25PC\RZ99dlBams.wpd JORGENSEN & ASSOCIATES CONSULTING City of Fayetteville 10-4-99 113 W. Mountain Fayetteville, AR. 72703 Att: Planning Dept. Re : Rezoning request on Appleby Rd. Enclosed herewith is the application for the rezoning of 8.37 acres on Appleby Road. The request is to rezone from A- 1 to R-1 . The property to the west is R-2 )Appleby Apts). The property to the south is R1 . 5, to the east is R1 . 5 and to the north is A-1 . Water and sewer service is available and will be adequate for the planned use, which is single family residential. Please review and call me concerning any additional questions you may have. Thank you. Sincerely; David L. Jor ensen, P.E. 2013 GREEN ACRES RD., SUITE A • FAYETTEMLLE. ARKANSAS 72703 • (501) 442-9127 WASHINGTON REGIONAL MEDICAL SERVICES INC. N8902849wW 532.19 FEET N 1175 N. COLLEGE WI) FAYETTEVILLE AR 72703 APPLEBY ROAD S 9°2849'E W E 563. NEcoRNlx S 51/2, NE1/4. NEV4 P.Q.B. 34-17.30 16697 ANDREW T. TUNNM 3069 )OHN WAYNE DRIVE 'W FAYEITEMUX Alk n701 (WIS) 16698 ROBERT W 6 BONNIE J. JONES 3057 JOHN WAYNE DRIVE FAYEfTEIAUE AR 72703 16699 W PEGGY B1A4DP TRUST 523 S. CHEST ORM N FAYFTTEV1UE AR 72701 � n Z 16700 PETER MAINECHEA ANE 16STARDUSTDUST 96 SANE FAYEREVIIIE A0. nrol (R•ISJ 16701 KW NEIN 6 MARY CARTER 3025 JOHN WAYNE DRIVE J FAYFTTrALLE AR 72703 (R•I.3) 15881 APPtFBY lm PARTNERR/IP P.O. BOX 1171 FAYEFIEVIIIE AR 72702 DONALD M. 61ESilF R. JOHNSON (0.3) 3013 JOHN WAYNE DRIVE FAYETIENUE AR 72703 (WIS) n p 16550 MILLER FAWLY TWFT n x $ D N89•59'2o'W O u 18532 18551 ism NORMAN 6 MAUREFIE IAMOTR WLLER FAWLY TRUST WLLER FAMRY TRUST C/O PEGGY BBNOP 228 RIPPLE CREEK (Ms) 523 CREST DRIVE FAYET EVILLE AR 72701 LMAL DESCRIPSION fAYETTEVILLE AR 77!03 (R-M (R-1.5) Part of the S 1A of the NE 1/4 of the NE 1/4 and Pan of the SE 1/4 of the NE V4 of Rection 34. T-17-N. R-30-W. Washington County. Arkansas, being nlore particularly desnlbed a1 fdj r : Flom the NE comer of said 51/2, NE 1/4. NE 1/4. Section 34. run thence N ST 28' 49' W 532.19 fast a" the North Line of said 20 Acre tract W the p.O.B: thence S 00. 07111 W 727.17 (OCL thence N 89157 2( 1 W 509.46 feet to the East Ode of a aeek: thence along sold East side of creek the Wowing scasnes: N 20147 5T E 183.48 feet, thence N 36' 26' 101 W 150.73 (eat, thence N 15132'26' E 227.82 feet. thence N 2T 06' Ir W 237.39 het. thence ay o'f4��3� on the North Ode thereof and ro aold North lint to the alllBcontaining easements d8.3� mors a less and being sub{M ro 1118 JORGENSEN & ASSOCIATES CONSULTING ENGINEERS, INCe RZ99- 31 . 00 - Barnes - Close Up i ❑ NOTE: This sheat Relocated U) J _J ❑ ❑ H APPLEBY 0 z '0^ ED W v I I ll W �J J 7 e� G OJP IPPLE CREEK w } 3 z E o N 200 0 200 Feet E RZ99- 31 . 00 - Barnes - One Mile Diameter G2 1 1 R-0 ti 1 R-0 o 1 G2 City Limits 1 G1 W R-7 G2 9I 5"NGALE ¢ w M7 RE WING o R-1 G2 G2 =bow �1Py X19 MILLS H7 G2 G2 G2 G2 A-1 A-7 R-0 R-1 2 G2 •1 1 A-1 A-1 R-1 R-1 G2 1-540 1 R-0 A-1 APPLEBY Z MARGARET G2 A-1 R 2 G2 R-0 R'2 G2 9 R-2 2 R-2 R-0Q, 0 _ G2 A-1 yP R LRJ R O( G S R-2 RED UD � 1 /y A.1d H R-7.5 R-7.5 MIMO G2 n N H R Y EVER N S R.2 R-2 R-2 R-2 r G2 �t U of A R-2 R-2 y R-2 G2 JOO G1 w WENDY BR SUNBRIDGE R-0 o R-0 G2 R-1 G1 R = G2 R-0 S N G2 R-1 G2 I.7 R-1 R_7 Fi G2 TOWNSHIP G2 p PEEL O jG2 2 W O rc¢ a 8- 1400 0 1400 Feet N E