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HomeMy WebLinkAboutOrdinance 4262 ORDINANCE N04262 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ00- 19 FOR A PARCEL CONTAINING APPROXIMATELY 2.715 ACRES LOCATED WEST OF DEANE SOLOMON ROAD, NORTH OF MOORE LANE REQUESTED BY THE COMMUNITY DEVELOPMENT DIVISION ON BEHALF OF THE CITY OF FAYETTEVILLE. 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 I- 1 , Heavy Commercial/Light Industrial District to R-2, Medium Density Residential District 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 I " day of August 2000. APPROVED: V � � By: i �Fred Hanna, Mayor ^a. By Heather Woodruff, City Cldirk ord . 4262 EXHIBIT "A" EXHIBIT A LEGAL DESCRIPTION FOR RZ 00- 19 �A ' .11&sc,P A part of the Northwest Quarter (NW `/4) of Section 33, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of said Section 33 ; thence along the west line of said Section 33, South 02°28' 11 " West 1072.67 feet, to the Point of Beginning; thence leaving said West line of Section 33, South 87°22'27" East 329.47 feet, to a point on the existing centerline of Deane Solomon Road; thence with said centerline, South 02°29'56" West 395 .06 feet, to a PK nail; thence leaving said centerline, North 87°22'27" West 329.27 feet along the proposed north right f way of Crystal Springs Drive, to a set iron pin on the west line of said Section 33 ; thence along said West line, North 02'28' 11 " East 395 .06 feet, to the Point of Beginning, containing 2.987 acres, more or less. LESS AND EXCEPT thirty (30) feet of equal and uniform width off the East side ofthe above described property, containing 0.272 acres, more or less, being within the existing west right of way of Deane Solomon Road. Containing a net acreage of 2.715 acres, more or less. M X NAME OF FILE: xyj1 it/ ",e- e pVU CROSS REFERENCE: Date Contents of File Initials . i / ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ 00- 19 FOR A PARCEL CONTAINING APPROXIMATELY 2.715 ACRES LOCATED WEST OF DEANE SOLOMON ROAD, NORTH OF MOORE LANE REQUESTED BY THE COMMUNITY DEVELOPMENT DIVISION ON BEHALF OF THE CITY OF FAYETTEVILLE. 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 District to R-2, Medium Density Residential District 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 day of 2000. APPROVED: By: Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City Clerk 1 1 EXHIBIT "A" LEGAL DESCRIPTION FOR RZ 00- 19 A part of the Northwest Quarter (NW ''/e) of Section 33 , Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of said Section 33 ; thence along the west line of said Section 33, South 02'28' 11 " West 1072.67 feet, to the Point of Beginning; thence leaving said West line of Section 33 , South 87°22'27" East 329.47 feet, to a point on the existing centerline of Deane Solomon Road; thence with said centerline, South 02°29'56" West 395.06 feet, to a PK nail; thence leaving said centerline, North 87°22'27" West 329.27 feet along the proposed north right f way of Crystal Springs Drive, to a set iron pin on the west line of said Section 33 ; thence along said West line, North 02°28' 11 " East 395.06 feet, to the Point of Beginning, containing 2.987 acres, more or less. LESS AND EXCEPT thirty (30) feet of equal and uniform width off the East side of the above described property, containing 0.272 acres, more or less, being within the existing west right of way of Deane Solomon Road. Containing a net acreage of 2.715 acres, more or less. r Planning Commission Minutes June 26, 2000 Page 17 RZ 00-19.00: Rezoning (Sage House, pp 247) was submitted by the Community Development Division on behalf of the City of Fayetteville for property located west of Deane Solomon Road, NAA) north of Moore Lane and south of west Salem Road. The property is zoned I- 1 , Heavy omi Commercial/Light Industrial and contains approximately 2.715 acres. The request is to rezone to R-2, Medium Density Residential. Odom: The next item on tonight' s agenda is RZ 00- 19.00: Rezoning (Sage House, pp 247) submitted by the Community Development Division on behalf of the City of Fayetteville for property located west of Deane Solomon Road, north of Moore Lane and south of west Salem Road. The property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 2.715 acres. The request is to rezone to R-2, Medium Density Residential. Staff's recommendation is approval of the request for rezoning based upon the findings as a part of their report. Staff, is there anything further? Conklin: There is nothing further. This is a request for rezoning from I- 1 , Heavy Commercial/Light Industrial to R-2. The request is to be able to build 15 apartment units on this property. Directly to the north of this, Children's House will be looking at locating on this property also. That is zoned I- 1 . It's a use by right to have a child care facility, however, I did feel like having this apartment building at this location that it truly was a multi family use and therefore it needed to be rezoned to R-2. That's all I have. Odom: Thank you. Is there any member of the staff that's going to make a presentation or is that pretty much it? Conklin: That's pretty much it. I can answer any questions that you have. PUBLIC COMMENT: Odom: Let me ask if there is any member of the audience that would like to address us on this rezoning request? COMMISSION DISCUSSION: Odom: Seeing none I 'll close the floor to public comment and bring it back to the Planning Commission for questions, comments or motions. MOTION: Hoffman: Mr. Chair. Planning Commission Minutes June 26, 2000 Page 18 Odom: Yes Commissioner. Go ahead. Hoffman: I'm going to go ahead and move approval of RZ 00- 19 for the reasons that this is a down zoning. I believe it will, in the end, not generate as much traffic as possible development in 1- 1 . In addition we had had some concerns that the property might be located in the wetland area. We have been provided with a map by staff that shows the property to be north and outside of that wetland area. In addition when Phase 11 of the high-tech park is built we will have an additional road to get us out off of Deane Solomon away from Mount Comfort Road in the way of going down Technology to Digital Way and eventually winding your way up to I-540. So for those reasons I' ll go ahead and make that motion for approval subject to all staff comments. Shackelford: I' ll second. Odom: We have a motion by Commissioner Hoffman and a second by Commissioner Shackelford to approve RZ 00- 19. Any further discussion? ROLL CALL: Upon roll call the motion carries on a vote of 7-0-0. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (501 ) 575-8264 TO: Fayetteville Planning Commission A FROM: Dawn T. Warrick, Associate Planner THRU: Tim Conklin, City Planner cOR DATE: June 26, 2000 RZ 00-19.00: Rezoning (Sage House, pp 247) was submitted by the Community Development Division on behalf of the City of Fayetteville for property located west of Deane Solomon Road, north of Moore Lane and south of west Salem Road. The property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 2.715 acres. The request is to rezone to R-2, Medium Density Residential. RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report, PLANNING COMMISSION ACTION: Required YES Date: June 26. 2000 O Approved O Denied FEDate: July L ACTION: Required YES O Approved O Denied 2000 Comments: H.'1 USERS1CO61MOA1DA IVA'71REPOR7S1PCI6-26-001sage, upd BACKGROUND: This property is owned by the City of Fayetteville, located on the west side of Deane Solomon Rd., north of the Razorback golf course, and is contained within the City's Research and Technology Park. Properties to the north, south and east are all zoned I- 1 , Heavy Commercial / Light Industrial. Adjoining property to the west is zoned R- 1 and has been designated as a future phase of the Crystal Springs subdivision. The applicant is proposing this rezoning in order to lease this 2.715 acre tract to Sage House. Sage House is a non-profit social service agency which plans to construct a "multi-family residential building of approximately 15 units." This building will serve as a "transitional living facility for low income persons leaving abusive family environments and transitioning to independent living." Additional information is included in the attached memo from Yolanda Fields, Community Development Coordinator. SURROUNDING LAND USE AND ZONING North: Vacant, 1- 1 (future site of Children's House facility) South: Vacant, 1- 1 (future R&T Park) East: Vacant, 1- 1 (future R&T Park) West: Vacant, R- I (future single family development) INFRASTRUCTURE: Access to the 2.715 acre tract is from Deane Solomon Rd. This street is classified as a collector on the Master Street Plan with a connection proposed to the future extension of Trucker's Drive, another collector, to the north. Traffic is currently able to access Highway 112, designated as a principle arterial, to the north and Mt. Comfort Rd., designated as a minor arterial to the south. Water: 12" line at entrance to Arkansas Research & Technology Park The developer will be responsible for extending necessary services to provide for this project at the time of construction Sewer: Not available at this time - sewer availability will have to be reviewed at the time of project proposal LAND USE PLAN: General Plan 2020 designates this site Mixed Use. Rezoning this property to R-2, Medium Density Residential is consistent with the land use plan and compatible with surrounding land uses in the area. H:1 USERSICOMMONI DA WMIREPORMPC16-26-Myage.upd 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 proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. This proposal is consistent with the General Plan 2020 which designates the area as Mixed Use. The proposed zoning district provides a reasonable buffer between the Arkansas Research & Technology Park and adjacent single family residential areas. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning 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 will not create or appreciably increase traffic danger and congestion. The current zoning of I-1 permits a very wide range of uses including but not limited to the following: professional office, restaurant, gas station, warehousing, manufacturing. The amount of traffic generated by these uses could vary drastically depending on the size and use of a facility. Uses permitted by right in the proposed R-2 zoning district are residential in nature and the density is based upon the available land area and parking requirements. These are less intensive, generally less trafficked uses than those which are permitted within the existing zoning district. 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: While the zoning will alter population density, it will 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 H.,I USERSICOMMONI DA WNnREPORMPCI6-16-Msage.upd 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 §161 .06 DISTRICT R-2 MEDIUM DENSITY RESIDENTIAL. Unit 25 Professional Offices A. Purpose. The High Density C. Density. Residential District is designed to permit Families Per Acre 4 to 24 and encourage the developing of a variety of dwelling types in suitable environments in a D. Bulk and Area Regulations. variety of densities. 1 . Lot Width Minimum. B. Uses. Mobile Home Park 100 Feet 1 . Uses Permitted. Lot within a 50 Feet Unit 1 City-Wide Uses by Right Mobile Home Park Unit 8 Single-Family Dwellings One Family 60 Feet Unit 9 Multifamily Dwellings - Two Family 60 Feet Medium Density Three or More 90 Feet 2. Uses Permissible on Professional 100 Feet Appeal to the Planning Commission. Offices Unit 2 City-Wide Uses by Conditional Use Permit Unit 3 Public Protection and Utility Facilities Unit 4 Cultural and Recreational Facilities Unit 11 Mobile Home Park H.'I USERSICOMMONIDA JVIMPEPORMP06-26-001sage.wpd 2. Lot Area Minimum. E. Yard Requirements (feet). Mobile Home Park 3 Acres FRONT SIDE REAR YARD YARD YARD Lot Within a 4,200 Sq. Ft. Mobile Home Park 25 8 25 Row House: Development 105000 Sq. Ft. Cross Reference: Variances Chapter 156. Individual Lot 2,500 Sq. Ft. F. Height Regulations. Any Single-Family 6,000 Sq. Ft. building which exceeds the height of 20 feet shall be set back from any side boundary Two-Family 75000 Sq. Ft. line an additional distance of one foot for Three or More 9,000 Sq. Ft. each foot of height in excess of 20 feet. Fraternity or 2 Acres (Code 1991 , § 160.033 ; Code 1965, App. Sorority A, Art. 5(III); Ord. No. 2320, 4-5-77; Ord. Professional 1 Acre No. 2700, 2-2-81 ) Offices 3. Land Area Per Dwelling Unit. Mobile Home 3,000 Sq. Ft. Apartments: Two or More 2,000 Sq. Ft. Bedrooms One Bedroom 11700 Sq. Ft. No Bedroom 11700 Sq. Ft. Fraternity or 1 ,000 Sq. Ft. per Sorority Resident N:1 USERSICOMMOMDA WNnREPORMP06-26-OMsage. npd i