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 '
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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.
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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
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