HomeMy WebLinkAboutOrdinance 4348 • • L LU FOR REGoi? ii
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ORDINANCE NO. 4348 WASHINI; , v1j , .
B. STAMP
AN ORDINANCE REZONING THAT PROPERTY DESCRIBE
IN REZONING PETITION RZN 01 ,2 1 .00 FOR A PARCEL
CONTAINING APPROXIMATELY 1 .02 ACRES FOR PROPERTY
WEST OF SHILOH DRIVE, EAST OF DEANE SOLOMAN ROAD AND
NORTH OF PORTER ROAD, FAYETTEVILLE, ARKANSAS, AS
SUBMITTED BY CHRIS BRACKETT OF JORGENSEN & ASSOCIATES ON
BEHALF OF LOUISE SAGER AND PAUL GUISINGER
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 C- 1 , Neighborhood Commercial as shown 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 6`h day of November, 2001 .
A APPROVED:
Q .`• •.
f y- �? • By: A�l
ft
• DAN COODY, Mayor
A SaI'�
By:
Bather Woodruff, City C er�
2001149128
—' ORDINANCE 4348 e
PU
RZN 01-21 .00 EXHIBIT "A" ORIGINAL
PART OF THE NW 1/4 OF SECTION 5, T 16 N, R 30 W IN WASHINGTON COUNTY,
ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE W CORNER OF SECTION 5 (SW CORNER OF THE NW 1/4)
THENCE S88018'51 "E 164.24 FEET TO THE P.O.B., THENCE N01 °41'09"E 209. 11 FEET,
THENCE S88026'57"E 293.34 FEET TO THE WEST RIGHT OF WAY OF SHILOH DRIVE,
THENCE ALONG SAID WEST RIGHT OF WAY S3304811711W 51 . 75 FEET, THENCE
S42019'00"W 216. 79 FEET, THENCE S49025126"W 2. 13 FEET, THENCE LEAVING WEST
RIGHT OF WAY N88018'51 "W 123.08 FEET TO THE P.O.B., CONTAINING 1 .02 ACRES
MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD.
20011491 29
/ , '
I, Bette S 9mps, County, Clerk and Ex officio Reorder
for Washin ton
that this instrument w ty, Ar.,e rsa'' do hereby ceriy
indicated hereon as filed for record in my of#ca as
With acknowled the same is nota luty recc•dcd
he
in Raoord Book 2nU pnt as 11
cc.=lr;�!e tr;-reon
IN WITNESS yY;y age a; ir;!,ca,ed ine,,,e�t
hand and
at
the ERP'OF. I h2ve h?reun:c s<_i :mr
catetl hereon. seal of said Court cn .he o ;, '
ndi-
BQ $tarn
tCer and Ex-offcic .Rece;der
NAME OF FILE: Ordinance No. 4348
CROSS REFERENCE:
11/06/01 Ordinance No. 4348
Exhibit "A" (legal description for RZN 01 -21 .00)
10/18/01 Planning Division Correspondence to Mayor Coody & Fay. City Council
from Tim Conklin, City Planner, thru Hugh Earnest, Urban Dev. Director
10/08/01 Planning Commission Minutes (Pgs. 10 & 11 )
10/08/01 Planning Division Correspondence to Fay. Planning Commission from
Dawn Warrick, Senior Planner, thru Tim Conklin, City Planner
10/03/01 Letter from David L. Jorgensen, Jorgensen & Associates
11/06/01 Staff Review Form
11/16/01 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City
Clerk
NOTES :
r
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 01 .21 .00 FOR A PARCEL
CONTAINING APPROXIMATELY 1 .02 ACRES FOR PROPERTY
WEST OF SHILOH DRIVE, EAST OF DEANE SOLOMAN ROAD AND
NORTH OF PORTER ROAD, FAYETTEVILLE, ARKANSAS, AS
SUBMITTED BY CHRIS BRACKETT OF JORGENSEN & ASSOCIATES ON
BEHALF OF LOUISE SAGER AND PAUL GUISINGER.
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 C- I , Neighborhood Commercial as shown 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"
RZN 01 .21 .00
PART OF THE NW 1/4 OF SECTION 5, T 16 N, R 30 W IN WASHINGTON COUNTY,
ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE W CORNER OF SECTION 5 (SW CORNER OF THE NW 1/4)
THENCE S88°18'51"E 164.24 FEET TO THE P.O.B., THENCE N01041'09"E 209. 11 FEET,
THENCE S88026'57"E 293.34 FEET TO THE WEST RIGHT OF WAY OF SHILOH DRIVE,
THENCE ALONG SAID WEST RIGHT OF WAY S33048' 17"W 51 .75 FEET, THENCE
S42019'00"W 216.79 FEET, THENCE S49025'2611W 2. 13 FEET, THENCE LEAVING WEST
RIGHT OF WAY N88018'5 1 "W 123.08 FEET TO THE P.O.B., CONTAINING 1 .02 ACRES
MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD.
FAYETTEVILLE PI
�o
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501 ) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Tim Conklin, A.I.C.P., City Planner
THRU: Hugh Earnest, Urban Development Director
DATE: October 18, 2001
BACKGROUND:
RZN 01 -21 .00: Rezoning was submitted by Chris Brackett ofJorgensen & Associates on behalf ofLouise
Sager and Paul Guisinger for property located west of Shiloh Drive, east of Deane Soloman Road and
north of Porter Road. The property is zoned A- 1 , Agricultural and contains approximately 1 .02 acres.
The request is to rezone to C- 1 , Neighborhood Commercial. The subject property is located near the
northwest corner of I-540 and Mt. Comfort Road. This is at the turn in Mt. Comfort where it becomes
Porter Road to the south. The property between this tract and Mt. Comfort Rd. is a part of the University
of Arkansas Experimental Farm and is outside the City Limits.
The applicant wishes to change the zoning designation of this 1 .02 acre tract from A- 1 , Agricultural to C- 1 ,
Neighborhood Commercial. The property is expected to be developed as an office building for Farm
Credit Services if the rezoning and pending large scale development are approved.
This property is currently vacant and is located within the Design Overlay District. The Future Land Use
Plan identifies this area as Regional Commercial.
CURRENTSTATUS
Staff recommended approval and the Planning Commission voted 8-0-0 to recommend approval to the
City Council.
RECOMMENDATION
Staff recommends approval of the requested rezoning.
H:I USERSICOAL110NIDAIVN7IREPORTSIPCIl0-8-01 farm credit 0tv Council.doc
• Planning Commission
October 8, 2001
Page 10
RZN 01-21.00: Rezoning (Sager/Guisinger, pp 325) was submitted by Chris Brackett of Jorgensen r
& Associates on behalf of Louise Sager and Paul Guisinger for property located west of Shiloh Drive, east
of Deane Solomon Road and north of Porter Road. The property is zoned A- 1 , Agricultural and contains
approximately 1 .02 acres. The request is to rezone to C- 1 , Neighborhood Commercial.
Estes: The next item ofbusiness is also a rezoning request, this is RZN 01 -21 submitted by Chris
Brackett of Jorgensen & Associates on behalf of Louise Sager and Paul Guisinger for
property located west of Shiloh Drive, east ofDeane Solomon Road and north of Porter
Road. The property is zoned A- 1 , Agricultural and contains approximately 1 .02 acres.
The request is to rezone to C-1 , Neighborhood Commercial. Staffrecommends approval
of the requested rezoning based on the findings included as apart of your report. Is the
applicant present?
Brackett: Yes.
Estes: Would you like to make a presentation?
• Brackett: I do not have a presentation but will answer any questions you might have.
Estes: Commissioners, are there any questions of the applicants' representative?
Marr: IfI could get the applicant to maybe address the finding whether the zoning is justified and
needed at this time. Based on your application, how would you answer that?
Brackett: We have submitted to the City a large scale development for this property. It is Farm
Credit Services. They have a portion ofthat building which is retail and that is why we are
asking for the C-1 zoning.
Estes: Any other questions of the applicants' representative?
Bunch: Chris, on the sewer issue, how far away is the sewer line? I know there is a stretch in
there on Shiloh where there is not sewer available.
Brackett: It is not along Shiloh. As part of the large scale we're going to be extending the sewer to
this property which will go west and then south across I believe Porter Road and then
connecting on that. Wherever it turns the curve, I don't know iftums into Mt. Comfort or
if it is Porter or whatever, but we're going to go west and then south to extend the sewer
• to this property. There will be sewer, it won't be septic.
• Planning Commission
October 8, 2001
Page 11
Estes: Any other questions?
MOTION:
Ward: I would like to go ahead and make a motion that we approve RZN 0 -21 rezoning this to
C-1 . I think C-1 , Neighborhood Commercial is very appropriate for this particular piece
of land since it is along I540 and it is going to be used for basically office space.
Estes: Is there any member of the audience who would like to comment on this requested
Rezoning Ol -21 ? Seeing none, I'll bring it back to the Commission. There is a motion by
Commissioner Ward to approve RZN 01 -21 .00, is there a second?
Shackelford: I 'll second.
Estes: We have a second by Commissioner Shackelford, is there any discussion? We have a
motion by Commissioner Ward to approve RZN O 1 -21 and a second by Commissioner
Shackelford. Would you call the roll Renee?
• ROLL CALL: Upon the completion ofroll call the motion to forward RZN Ol -21 .00 was approved by
a vote of 8-0-0.
Estes: The motion passes by a unanimous vote.
•
F
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn T. Warrick, Senior Planner c
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: October 8, 2001
RZN 01-21.00: Rezoning (Sager/Guisinger, pp 325) was submitted by Chris Brackett of
Jorgensen & Associates on behalf of Louise Sager and Paul Guisinger for property located west
of Shiloh Drive, east of Deane Soloman Road and north of Porter Road. The property is zoned
A-] , Agricultural and contains approximately 1 .02 acres. The request is to rezone to C- 1 ,
Neighborhood Commercial.
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: Oet6ber`8,' 2001
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: November.6,2001 (1" reading). '
Comments:
H:IUSERSICOMMOMDAWA71REPOR7SIPCt10-8-01tFARM CREDITDOC
•
BACKGROUND:
The subject property is located near the northwest corner of I-540 and Mt. Comfort Road. This
is at the turn in Mt. Comfort where it becomes Porter Road to the south. The property between
this tract and Mt. Comfort Rd. is a part of the University of Arkansas Experimental Farm and is
outside the City Limits.
The applicant wishes to change the zoning designation of this 1 .02 acre tract from A-1 ,
Agricultural to C- 1 , Neighborhood Commercial. The property is expected to be developed as an
office building for Farm Credit Services if the rezoning and an pending large scale development
are approved.
This property is currently vacant and is located within the Design Overlay District. The Future
Land Use Plan identifies this area as Regional Commercial.
SURROUNDING LAND USE AND ZONING
North: Residential / Vacant, A- 1
South: University (outside City Limits)
East: I-540
West: Residential / Vacant, A- 1
INFRASTRUCTURE:
Access to this property is from Shiloh Drive. Shiloh Drive is designated a collector on the
Master Street Plan which is designed to carry 4,000 to 6,000 vehicles per day when constructed
to that standard. Shiloh in this location is a two way access road adjacent to I-540.
There is an existing 8" water line along Shiloh Dr. Sewer will have to be extended by the
developer to serve this site.
LAND USE PLAN: General Plan 2020 designates this site Regional Commercial. Rezoning
this property to C- 1 , Neighborhood Commercial is consistent with the land use plan and
compatible with surrounding land uses in the area.
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.
H..,IUSERSICOMMONIDA WNTIREPOR7SIPC110-8-011FARM CREDIT.DOC
Finding: This area is designated to serve as a linear commercial district along I-540.
The General Plan calls this site out to be Regional Commercial. The
requested zoning of C-1, Neighborhood Commercial meets the intent of this
policy document.
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 in that it is consistent with the City's
adopted land use policy. It is needed in order to develop any commercial
uses in this general area which is largely undeveloped or residential and
currently zoned A-1 .
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will increase traffic in this area. Shiloh Drive is
designated a collector on the Master Street Plan which is designed to carry
4,000 to 6,000 vehicles per day when constructed to that standard. Shiloh in
this location is a two way access road adjacent to 1-540.
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 will 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
H.I USERSI COMMOMDAWN71 REPOR7SI PCI/0-8-01I FARM_CREDFr.DOC