HomeMy WebLinkAboutOrdinance 4351 & D FOR RECORi)
' 02 JRN 14 RM 11 35
ORDINANCENO. 4351 WASHItiljiL11 'vj Att
B. STAMPS
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 01- 17.00 FOR A PARCEL
CONTAINING APPROXIMATELY 12. 13 ACRES FOR PROPERTY
LOCATED ON THE SE CORNER OF 15TH STREET AND
BEECHWOOD AVENUE, FAYETTEVILLE, ARKANSAS, AS ,
SUBMITTED BY BILL MCCLARD OF LINDSEY & ASSOCIATES ON
BEHALF OF CYNTHIA BEARD AND WILLIAM M. CENTER, III.
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 to R-2, Medium Density
Residential 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 4`' day of December, 2001 .
APPROVED:
`"�TYET
' Aa By. %
AN COODY, Mayor
�By:
Bather Woodruff, City CIC&
c
7 .
2002006765
• • Ord . 4351
EXHIBIT "A" EXHIBIT A
RZN 01. 17.00
A PART OF THE NW1/4 OF THE SE 1/4 OF SECTION 20, T- 16-N, R-30-W, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE N.E. CORNER OF THE
NW 1/4 OFTHE SE 1/4 OF SAID SECTION 20, THENCE N87013'22"W 889.34 FET, AND
THENCE S2048'00"W 47. 11 FEET TO THE POINT OF BEGINNING, SAID POINT BEING
ON THE SOUTH RIGHT-OF-WAY LINE FOR 15TH STREET; THENCE S2048'00" 950.22
FEET; THENCE S87° 12'00"E 262.06 FEET TO THE CENTER LINE OF A DITCH;
THENCE ALONG SAID CENTER LINE S30046'23" W 43.82 FEET; THENCE S42018,3201 W
60. 19 FEET; THENCE S3°00' 17"W 234.86 FEET TO A POINT ON THE NORTH LINE OF
MEADPOW VALE SUBDIVISION; THENCE ALONG THE NORTH LINE OF MEADOW
VALE DUBDIVISION N87009'34"W 220.24 FEET TO THE NW CORNER OF SAID
SUBDIVISION; THENCE ALONG THE EAST RIGHT-OF-WAY OF ASHWOOD
AVENUE N3026'28"E 20.00 FEET; THENCE ALONG THE NORTH RIGHT-OF-WAY OF
18TH STREET N87033' 13"W 354.43 FEET; THENCE ALONG THE EAST RIGHT-OF-
WAY OF ARKANSAS HIGHWAY 16 BYPASS N20 1112" E 1002. 74 FEET; THENCE
NORTHEASTERLY ALONG A 246.50 FOOT RADIUS CURVE TO THE RIGHT A
DISTANCE OF 389. 10 FEET; THENCE S 87°22'48"E 137.06 FEET TO THE POINT OF
BEGINNING, CONTAINING 12. 13 ACRES, MORE OR LESS, WASHINGTON COUNTY,
ARKANSAS, SUBJECT TO ALL EASEMENTS AND/OR RIGHTS-OF-WAY OF RECORD.
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NAME OF FILE: Ordinance No. 4351
CROSS REFERENCE:
12/04/01 Ordinance No. 4351
Exhibit "A" (legal description ofRZN O1 - 17.00)
10/05/01 Planning Division Correspondence to Mayor Coody & Fay. City Council
from Tim Conklin, City Planner, thru Hugh Earnest, Urban Dev. Director
09/24/01 Planning Commission Minutes (Page 32)
09/24/01 Planning Division Correspondence to Fay. Planning Commission from
Dawn Warrick, Planner, thru Tim Conklin, City Planner
09/04/01 Letter to Fay. Planning Commission from Lindsey & Associates, Inc.
10/16/01 Staff Review Form
12/06/01 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City
Clerk
e
NOTES :
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113W. Mountain St.
Fayetteville, AR 72701
Telephone: (501) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Tim Conklin, City Planner ! �
THRU : Hugh Earnest, Urban Development Director4
DATE: October 5, 2001
BACKGROUND
RZN 01 - 17.00: Rezoning was submitted by Bill McClard of Lindsey & Associates, Inc. on behalf ofthe
property owners Cynthia Beard and William M. Center, III for property located at the southeast corner
of 15' Street and Beechwood Avenue. The property is zoned I- 1 , Heavy Commercial/Light Industrial and
contains approximately 12. 13 acres. The request is to rezone to R-2, Medium Density Residential.
The subject property is currently vacant and is located on the south side of 15`" Street between Beechwood
Ave. and Razorback Road. Property to the south, east and west is currently undeveloped and there are
University of Arkansas sports facilities to the north (Tyson Indoor Track Complex and Baum Baseball
Stadium). A creek with related floodplain adjoins the subject property to the south and east.
CURRENTSTATUS
Staff recommended approval and the Planning Commission voted 6-0-0 to recommend the City Council
approve the requested rezoning.
RECOMMENDATION
Approval of the requested rezoning based on the findings included as part of the staff report.
Planning Commission
September 24, 2001
Page 32
RZN O1 -17.00: Rezoning (Beard/Center, pp 599) was submitted by Bill McClard of Lindsey & ri
Associates, Inc. on behalfof theproperty owners Cynthia Beard and William M. Center, III forproperty P
located on southeast comer of 15th Street and Beechwood Avenue. The property is zoned I- 1 , Heavy
Commercial/Light Industrial and contains approximately 12. 13 acres. The request is to rezone to R-2,
Medium Density Residential.
Hoffman: I think we have a motion on each separate one and I would like to do item 3 next and then
skip to 5, 3 being the other R-2, RZN 01 - 17.00 was submitted by Bill McClard of
Lindsey & Associates, Inc. on behalf of the property owners Cynthia Beard and William
M . Center, III for property located on southeast corner of 15th Street and Beechwood
Avenue. The property is zoned 1- 1 , Heavy Commercial/Light Industrial and contains
approximately 12. 13 acres. The request is to rezone to R-2, Medium Density Residential.
Is there any public comment on this item? Mr. McClard, would you care to make any
further comment? Alright, seeing none I will bring it back to the Commission. Staff, do
we have any additional input?
MOTION:
Man: Madam Chair, I recommend approval and recommendation to the City Council rezoning
01 - 17.00 based on the staff recommendations for approval and the findings all being met.
Bunch: I ' ll second.
Hoffman: I have a motion by Commissioner Man and a second by Commissioner Bunch, is there
further discussion?
ROLL CALL: Upon the calling of roll RZN 01 -17.00 is approved and forwarded to City Council by a
vote of 6-0-0.
Hoffman: Motion carries by a vote of six to nothing.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113W. Mountain St.
Fayetteville, AR 72701
Telephone: (501) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn T. Warrick, Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: September 24, 2001
RZN 01-17.00: Rezoning (Beard/Center, pp 599) was submitted by Bill McClard of Lindsey
& Associates, Inc. on behalf of the property owners Cynthia Beard and William M. Center, III
for property located on southeast corner of 15th Street and Beechwood Avenue. . The property is
zoned 1- 1 , Heavy Commercial/Light Industrial and contains approximately 12. 13 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
O Approved O Denied
Date: September 24, 2001 -
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: October 16, 2001 (1" reading)
11:IUSERSICOMMONID.4 WNTIREPORnIPCI9-24-OfIBEARDCENTER R2.DOC
Planning Commission
September 14, 2001
RZN0I-17 Beard/Center
Page 3. 1
Comments:
BACKGROUND:
The subject property is currently vacant and is located on the south side of 15' Street between
Beechwood Ave. and Razorback Road. Property to the south, east and west is currently
undeveloped and there are University of Arkansas sports facilities to the north (Tyson Indoor
Track Complex and Baum Baseball Stadium). A creek with related floodplain adjoins the
subject property to the south and east.
The major intersection of Razorback Road and 15" Street (Hwy 16) east of this location is the
site of a variety of uses. The University has developed a large sports complex on the north side
of 15" Street and just recently the southeast corner of the intersection has been established as an
RV park for Razorback fans. The northeast corner, east of the Swanson plant (formerly Vlasic
and Campbell Soup) now contains a large parking lot, also developed by the University. The
owner of the property under consideration for this rezoning request holds and will still hold the
vacant tract at the southwest corner of the intersection which is proposed to be split from the
subject property.
Razorback Rd. is designated a principal arterial on the City' s adopted Master Street Plan.
Fifteenth Street (Hwy 16) is designated a principal arterial east of this intersection and a collector
west of the intersection. Razorback Road between I-540 and 15'h Street is a 5 lane section which
is relatively new. North of this intersection, Razorback Road narrows to 2 lanes. Fifteenth Street
is a 4 lane road east of the intersection and a 2 lane road west, including the area directly adjacent
to the subject property.
Utilities are available to the site and would have to be extended by the developer upon approval
of a project. Extension of main lines and sizing of utilities are reviewed at the time of
development review. A lot split to create this tract as well as a large scale development will have
to be processed in order for this property to be developed commercially as proposed by this
applicant.
The requested R-2 zoning is compatible with residential properties to the south of the subject
tract. There is a subdivision in this area which is developed with mostly single family homes and
is zoned R-2, Medium Density Residential.
H.IUSERSICOMMOMDA WNnREPOR7SIPCI9-24-OIIBE4RDCENTER R2.DOC
Planning Commission
September 24, 2001
RZN01-17 Beard/Center
Page 3.2
SURROUNDING LAND USE AND ZONING
North: Baum Baseball Stadium / Tyson Indoor Track Complex, I-1
South: Vacant, R-2
East: Vacant, t- 1
West: Vacant, I- 1
INFRASTRUCTURE:
Access to this site is from 15th Street. Razorback Road and Beechwood Ave. are also close to the
subject property and will provide access to the general area. All nearby streets are designated on
the City's adopted Master Street Plan as principal arterials or collectors.
Water: 8" line on east side of Razorback Rd.
Sewer: 10" line along 15'hStreet (Hwy 16)
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.
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 area is
designated Mixed Use on the City's adopted Future Land Use plan and
including residential uses within this area will allow for a variety of uses
which are accessible from several major streets as well as the University.
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 compatible with planning
policies and the request is in keeping with the character and development
patterns in the area.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
H.IUSERSICOMMOMDAWN7IREPOR7SIPCI9-74-01IBEAROCENTER RI.DOC
Planning Commission
September 24, 1001
RZN01-17 Beard/Center
Page 3.3
what amount of density would be sought for development of this site.
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 major streets serving this site are currently under
utilized and are developed in a manner which will carry significant amounts
of traffic. Upon development, any improvements or capacity increases made
necessary by a proposed project will be the responsibility of the developer.
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 density will alter population density. The current industrial
zoning does not indicate any residential uses, however the proposed zoning
will allow for a maximum density of 775 residential units. Staff's
recommendation of R-2 zoning will allow for a maximum of 465 units. This
increase is not expected to undesirably increase the load on public services
including schools, water, and sewer facilities. The applicant, like all project
applicants, has signed the sewer capacity warning designed by the City
attorney regarding the status of Fayetteville's wastewater treatment facility.
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 USERSICOMMONIDA WNnREPORTSIP09-14-0/IBEARDCENTER R1.DOC
Planning Commission
September 24, 2001
RZN01-17 Beard/Center
Page 3. 4
§161 .06 DISTRICT R-2 MEDIUM DENSITY RESIDENTIAL.
A. Purpose. The High Density Residential District is designed to permit and encourage the developing of
a variety of dwelling types in suitable environments in a variety of densities.
B. Uses.
1. Uses Permitted.
Unit l City-Wide Uses by Right
Unit 8 Single-Family Dwellings
Unit 9 Multifamily Dwellings - Medium
Density
2. Uses Permissible on Appeal 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 11 Mobile Home Park
Unit 25 Professional Offices
C. Density.
Families Per Acre 4 to 24
D. Bulk and Area Regulations.
1. Lot Width Minimum.
Mobile Home Park 100 Feet
Lot within a Mobile 50 Feet
Home Park
One Family 60 Feet
Two Family 60 Feet
Three or More 90 Feet
Professional Offices 100 Feet
1/:1 USERMCOMMOMDA WN7IREPOR7S1P09-24-011BEARDCENTER_R2.D0C
Planning Commission
September 24, 2001
RZN01-77 Beard/Center
Page 3. 5
2. Lot Area Minimum.
Mobile Home Park 3 Acres
Lot Within a Mobile 49200 Sq. Ft.
Home Park
Row House:
Development 10,000 Sq. Ft.
Individual Lot 21500 Sq. Ft.
Single-Family 6,000 Sq. Ft.
Two-Family 7,000 Sq. Ft.
Three or More 9,000 Sq. Ft.
Fraternity or Sorority 2 Acres
Professional Offices 1 Acre
3. Land Area Per Dwelling Unit.
Mobile Home 3,000 Sq. Ft.
Apartments:
Two or More 2,000 Sq. Ft.
Bedrooms
One Bedroom 19700 Sq. Ft.
No Bedroom 19700 Sq. Ft.
Fratemity or Sorority 19000 Sq. Ft. per
Resident
E. Yard Requirements (feet).
FRONT YARD SIDE YARD REAR
YARD
25 8 25
Cross Reference: Variances Chapter 156.
F. Height Regulations. Any building which exceeds the height of 20 feet shall be set back from any side
boundary line an additional distance of one foot for each foot of height in excess of 20 feet.
(Code 1991 , § 160.033 ; Code 19653 App. A, Art. 5(111); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81 )
H:I USERSICOMMONIDA WNTIREPORTSIPC19-14-01 IREARDCENTER_R2.DOC
Planning Commission
September 24, 2001
RZN01-17 BeardlCenter
Page 3. 6