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Home My WebLink AboutOrdinance 4294 Exh • • Lega cga Dcsc EXHIBIT A EXHIBIT "A" RZOI - 1 .00 A PART OF THE NORTHEAST QUARTER (NE'/4) OF THE NORTHWEST QUARTER (NW'/4) AND PART OF THE SOUTHEAST QUARTER (SE'/4) OF THE NORTHWEST QUARTER (NW'/4) OF SECTION TWENTY-FIVE (25) IN TOWNSHIP SEVENTEEN ( 17) NORTH OF RANGE THIRTY (30) WEST, DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER OF THE FIRST MENTIONED FORTY ACRE TRACT, AND RUNNING THENCE NORTH TEN (10) LINKS TO THE CENTER LINE OF AN EAST- WEST PUBLIC ROAD; THENCE WEST ALONG THE CENTER LINE OF SAID ROAD FOUR AND FORTY-EIGHT HUNDREDTHS (4.48) CHAINS; THENCE SOUTH ELEVEN AND ONE HUNDRED SEVENTEEN THOUSANDS (11 . 117) CHAINS; THENCE EAST FOUR AND FORTY-EIGHT HUNDREDTHS (4.48) CHAINS TO THE EAST LINE OF THE LAST MENTIONED FORTY ACRES TRACT; THENCE NORTH ON SAID LINE ELEVEN AND SEVENTEEN THOUSANDTHS (11 .017) CHAINS TO THE PLACE OF BEGINNING, CONTAINING FIVE (5) ACRES, MORE OR LESS. LESS AND EXCEPT: PART OF THE NE'/4, NW'/4, AND PART OF THE SEY4, NW'/4, ALL IN SECTION 25, T- 17- N, R-30-W, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NE CORNER OF THE SAID SE'/4, NW'/4, SECTION 25; RUN S00050'52" EAST 21 .06 FEET, THENCE S88057105" WEST 295.68 FEET; THENCE N00051 '01 " WEST 29.78 FEET; THENCE N89°21 '48" EAST 295.78 FEET; THENCE S00050'52" EAST 6.60 FEET TO THE POINT OF BEGINNING, CONTAINING 0. 19 ACRES, MORE OR LESS. m X 2 2001 051 531 j fBeheStamps, Circuit Clerk a�d Ez-c`fic�° gecc,q�r Tor Washington County, ,Ckt;rwas, do herehv that this instrument was peiI fa, re Indicated hereon and y ca., ,y co'd in n• ' with the acknovA„ gthe lama is ❑oar C' IV in Record Balk and mPars and ce'*;f"Ife � J as inn;C,,:,h?tl hand andia fu°d the ser�F?RPY;Fo 1 heve hs, cated hereon. °f sa'd Court en ;nC cam,_ ;11_. t erk and Exb`ficio Recorder 0 0 NAME OF FILE: Ordinance No. 4294 CROSS REFERENCE: 03/21/01 Ordinance No. 4294 Exhibit "A" (Legal Description for RZO1 - 1 .00) 02/12/01 Planning Commission Minutes (Pages 3-5) 02/12/01 Planning Division Correspondence 05/10/01 Letter to Ben Israel from Heather Woodruff 03/06/01 Staff Review Form 03/26/01 Departmental Correspondence from City Clerk 04/13/01 Proof of Publication NOTES : 0 • ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZO1 - 1 .00 FOR A PARCEL CONTAINING APPROXIMATELY 4.81 ACRES LOCATED AT 2091 EAST JOYCE BOULEVARD AS REQUESTED BY BEN ISRAEL OF DIXIE DEVELOPMENT. 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-0, Residential Office described as 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 , 2001 . APPROVED : By Dan Coody, Mayor ATTEST: By Heather Woodruff, City Clerk EXHIBIT "A" RZ 01 - 1 .00 A PART OF THE NORTHEAST QUARTER (NE%4) OF THE NORTHWEST QUARTER (NW'/4) AND PART OF THE SOUTHEAST QUARTER (SE'/4) OF THE NORTHWEST QUARTER (NW'/4) OF SECTION TWENTY-FIVE (25) IN TOWNSHIP SEVENTEEN ( 17) NORTH OF RANGE THIRTY (30) WEST, DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER OF THE FIRST MENTIONED FORTY ACRE TRACT, AND RUNNING THENCE NORTH TEN ( 10) LINKS TO THE CENTER LINE OF AN EAST-WEST PUBLIC ROAD; THENCE WEST ALONG THE CENTER LINE OF SAID ROAD FOUR AND FORTY-EIGHT HUNDREDTHS (4.48) CHAINS; THENCE SOUTH ELEVEN AND ONE HUNDRED SEVENTEEN THOUSANDS ( 11 . 117) CHAINS; THENCE EAST FOUR AND FORTY-EIGHT HUNDREDTHS (4.48) CHAINS TO THE EAST LINE OF THE LAST MENTIONED FORTY ACRE TRACT; THENCE NORTH ON SAID LINE ELEVEN AND SEVENTEEN THOUSANDTHS ( 11 .017) CHAINS TO THE PLACE OF BEGINNING, CONTAINING FIVE (5) ACRES, MORE OR LESS. LESS AND EXCEPT: PART OF THE NE 1/4, NW 1/4, AND PART OF THE SE ]/4, NW %, ALL IN SECTION 25, T- 17- N, R-30-W, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NE CORNER OF THE SAID SE '/4, NW '/4, SECTION 25 ; RUN S00050'52" EAST 21 .06 FEET, THENCE S88057'05 " WEST 295 .68 FEET; THENCE N00°51 '01 " WEST 29.78 FEET; THENCE N89°21 '48" EAST 295.78 FEET; THENCE S00°50'52" EAST 6.60 FEET TO THE POINT OF BEGINNING, CONTAINING 0. 19 ACRES, MORE OR LESS . Planning Commission Pla February 12, 2001 Mit Page 3 (PP RZ O1 -1 .00: Rezoning (Dixie Development, pp 175) was submitted by Ben Israel of Dixie Development for property located at 2091 E. Joyce Blvd. The property is zoned A- 1 , Agricultural and contains approximately 4.81 acres. The request is to rezone to R-O, Residential Office. Odom: The first that we have on tonight's agenda is a Rezoning request. It's RZ 01 - 1 .00, submitted by Ben Israel of Dixie Development for property located at 2091 E. Joyce Blvd. The property is zoned A- 1 , Agricultural and contains approximately 4.81 acres. The request is to rezone to R-O, Residential Office. Staffs recommendation is for approval of the requested rezoning based on the findings included as a part of this report. Staff, any further comments? Conklin: There is nothing further. Odom: I ask the applicant to please come forward at this time. Israel: My name is Nancy Israel. I am an owner of Dixie Development. We are interested in developing this property as a compliment to the adjoining six acres that we own on the east side of the 4.81 acre parcel that we are talking about tonight. We feel that this rezoning request will be consistent with the General Plan designation use for this property and that it will be complimentary to the neighboring properties that have already been rezoned R-0 or a complimentary zoning. We submit this request to you to rezone the property for us. PUBLIC COMMENT: Odom: Thank you Nancy. Now what we' ll do is, we' ll take any member of the audience that has a comment on this particular zoning request, would you like to come forward at this time? COMMISSION DISCUSSION: Odom: Seeing none, I'll close the floor to public discussion on this rezoning request and bring it back to the applicant for questions and comments from the Planning Commission. Commissioners do you have any questions, comments or motions? Hoffman: I do have one question. The property adjacent to you on the east, have we gotten in drainage report on detention? I 'm sorry, I should have asked this at agenda session and I don't want to come from out of the blue but we were going to have a report about the deletion of the detention pond on the north side of the property. Planning Commission February 12, 2001 Page 4 Conklin: The condition was, if this development to the east required detention, it would have to come back before the Commission. The engineers have not approached me about putting this back on the agenda so I'm assuming that they were able to make it work, to the best of my knowledge. Hoffman: That's all I have. Thank you. MOTION: Ward: I'll go ahead and recommend approval of RZ 01 - 1 .00 for rezoning for Dixie Development. Hoffman: I'll second. Odom: We have a motion and a second for approval of RZ 01 - 1 .00, do we have any further comments? Bunch: When do you expect to have the LSD come forward? Israel : I'm sorry I don't know that as yet. This is sort of a new development for us and we have just started the preliminary stages of development, primarily being this rezoning request was the number one because if we could not get it rezoned, we did not want to purchase the property and develop it. I don't have a time frame for a large scale development. Bunch: I will be supporting this rezoning. Just one thing, early on in the stages, we need to make sure, I think it's in our packet but to reemphasize the fact since this is adjacent to another development, we need to limit the number of curb cuts and try to maximize internal circulation because it's such a busy street. I believe the property adjacent to the east, immediately to the east, I believe we added, at your request, we added a curb cut. I just wanted to remind you this early in the stages before you start drawing the plans, that' s one thing we will be looking at. Israel : We are planning for the main access to be from Joyce Street but with cross access through the Commerce Park development as well. Odom: Any further comments? Conklin: I would like to remind the Commission and the applicant that it does take five Planning Commission February 12, 2001 Page 5 affirmative votes to pass a rezoning and there is six members on the Planning Commission this evening. Odom: Nancy, it's our custom and policy to alert any applicant that's before us that we have several members absent, right now we have three that are not here. It does require five for a vote and we always offer to the applicant the opportunity to remove the item from the agenda for the next meeting if they so desire. Israel : No, I would like to leave it on the agenda please. Odom: Any further discussion? Will you call the roll? ROLL CALL: Upon roll call, RZ 01 - 1 .00 is forwarded on a vote of 6-0-0. M FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain Sl. Fayetteville, AR 72701 elm Telephone: (501 ) 575-8264 Divi= PLANNING DIVISION CORRESPONDENCE C° TO: Fayetteville Planning Commission FROM : Dawn T. Warrick, Planner THRU: Tim Conklin, City Planner DATE: February 12, 2001 RZ 01-1.00: Rezoning (Dixie Development, pp 175) was submitted by Ben Israel of Dixie Development for property located at 2091 E. Joyce Blvd. The property is zoned A- 1 , Agricultural and contains approximately 4. 81 acres. The request is to rezone to R-O, Residential Office. RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report. PLANNING COMMISSION ACTION : Required YES O Approved O Denied Date: February 12, 2001 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: March 6, 2001 (if forwarded) Comments: H:1 USERSC04WOMDA1VA7V?EP0RT31PC12-12-0/Idhie.wpd N � BACKGROUND: This property is currently owned by the Life Change Community Fellowship congregation which is located on site in a single family home which was converted to serve as a church. Butterfield Trail Village is immediately west of the subject property. The six acre tract to the east was rezoned from A-1 to R-O for this developer last spring for the purpose of developing professional offices. A large scale development plan has been approved by the Planning Commission for that site and permits have been issued to begin construction. This area is designated on the City' s adopted General Plan 2020 as Residential. SURROUNDING LAND USE AND ZONING North: Professional offices, R-O / Vacant, R-2 (Currently being considered for R-O rezoning) South: Vacant, A- 1 East: Being developed (Professional Offices), R-O West: Butterfield Trail Village, R-2 INFRASTRUCTURE : Streets : This property is located on and will be accessed from Joyce Blvd. which is designated a principal arterial on the City's Master Street Plan. Water & Sewer: Accessible lines along Joyce Blvd. LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property to R-O, Residential Office is consistent with the land use plan and compatible with surrounding land uses in the area. FINDINGS OF THE STAFF I . 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: Residential Office zoning allows for single family and two family dwellings as well as for professional offices. This zoning will allow a mix of residential and office uses and is consistent with the land use plan. H:I USERSICOALNOMDAWN7IREPOR7SIPC12-12-011 dine.wpd a w 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning would extend the previously approved node of office / commercial at the southwest corner of Joyce and Old Missouri. 3 . A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will bring additional traffic to the area, however Joyce Blvd., a principal arterial is designed to carry large volumes of traffic. The intersection of Joyce Blvd. and Old Missouri is signalized and Old Missouri is designated for improvements between Mud Creek and Joyce Blvd. At the time of development, cross-access between this site and the office development to the west should be considered. 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 alter population density. 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 N:1 USERSCOAE"OMDAWNYVZEPORTSiPC11-11-011 dirie.wpd § 161 . 12 DISTRICT R-O ( Per Dwelling Unit for Residential RESIDENTIAL OFFICE. Structures) Lot Mobile Home 100 ft. A . Purpose. The Residential-Office Minimum Park District is designed primarily to provide area Width: for offices without limitation to the nature or size of the office, together with community Lot Within a 50 ft. facilities, restaurants and compatible Mobile Home residential uses . Park B. Uses. One Family 60 ft. Two Family 60 ft. 1 . Uses Permitted. Three or More 90 ft. Unit 1 City-Wide Uses by Right Lot Area Mobile Home 3 acres Unit 5 Government Facilities Minimum : Park Unit 8 Single-Family and Two- Lot Within a 4200 sq. Family Dwellings Mobile Home ft. Unit 12 Offices, Studios and Related Park Services Row Houses : Unit 25 Professional Offices Development 103000 2. Uses Permissible on sq. ft. Appeal to the Planning Commission. Individual Lot 2500 Unit 2 City-Wide Uses by sq. ft Conditional Use Permit Single Family 6000 sq. Unit 3 Public Protection and Utility ft Facilities -- - ---- Two Family 6500 sq. Unit 4 Cultural and Recreational ft Facilities Three or More 8000 sq. Unit 9 Multi-Family Dwelling - ft Medium Density Fraternity or 1 acres Unit 10 Multi-Family Dwelling - Sorority High Density Land Area Mobile Home 3000 sq. Unit 13 Eating Places Per _ . ft. Dwelling C. Bulk and Area Unit: Regulations.