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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. m X X 2002.006766 1 t, t3ette 8tahtae, CA�j t tar Weehln ?Fa rRecorder pQ�t0ryn 9e .. 4sa�; do` g9iypy. certy that thle Ims moN1 WN W.W ki Indicated hDrr?m $pg hsal' d!S7 pifice as regrded tha ®SknD'A;I@¢�rP@St) �� MR*s eta thereon In Ri>�� @ ei1 K`tEjfl @5 ILId;W@d thereon. hand 4A IN N'ITN"I lYN F, I lyve hereunto set my sated h6rapn.ftod �` D Baal at paid Court on u+.a date indi- Betty Ciro" rk EX-01010 Recorder by 0 0 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 Sep_20 01 11:17a 91 Lindsey Assoc 93685 • • p.2 Lindsey & Associates, Inc. COMMERCIAL! INDUSTRIAL DIVISION 3801 WEST WALNUT • ROGERS, AR 72756 • (501) 621.5400 1-800-658-4012 • FAX (501) 636-6317 September 4, 2001 The City of Fayetteville Fayetteville Planning Commission 113 W. Mountain Street Fayetteville, AR RE: Rezoning for approximately 12.13 acres, located on the NE corner of Beechwood and 18th Street, Fayetteville, AR (See attached Exhibit A) Gentlemen: This date I have submitted an application for rezoning approximately 12.13 acres on Beechwood Street in Fayetteville. - The property is currently owned by Cynthia Beard, Trustee and Individually, and William M. Center III, Trustee and Individually. There is a contract pending for the sale of the property. The property is currently zoned 1-1. The prospective Buyers have requested the zoning change with the future expectation of developing the property medium density residential use. The property has road frontage on Beechwood and 18th Streets. A change in the zoning will affect the surrounding property in that there will be commercial use on lan&that has been vacant. The land lies to the east . �F side Beeachwood and North of 18th Street. Beechwood is a thoroughfare to I-540 and it is inevitable due to the location and growth of the area that traffic will increase even if this property is not developed at this particular time. Water is available to the site at the intersection of Hwy. 16 and Beechwood (this services the Baldwin Piano facility) with an 8" line and at the far east end of 18th Street with a 2" line. INdVUS*L INOIVIOUIIL LIHI�N Planning Commission September 24, 2001 RZN0I-17 Beard/Center Page 17 aep CU u1 11:1/a Lindsey • Assoc 9368591 • p.3 Sewer is located on the east side of Beechwood with an 8" line that goes along Beechwood south to 181 Street. I am presenting this information on behalf of the current owners. Respectfully submitted, Bill McClard Lindsey & Associates, Inc. Planning Commission September 24, 2001 RZN01-17 Beard/Center Page 3.8 RZN 01-17.00 BEARD / CENTER Future Landuse - - -- - *- * -------- . . . - - , . . .. _ _ .- o_ .......0 r:; Mixed Use:: _ .. _ _ r _ _ _ _ _ _ . _ .. _ .. _ _ .. _ _ _ :o : --------- 0 •. - • • . . . • . • . n • • n . . . • • w : . . • - - P - _ _ _ _ _ Mixed Use r ------lllttttlllfflhl:::::::::::-:: ..............:.,..::: .....................:1 ........ ----------------------------------UHlluIfflI .. . . .. _ _ . : . . :: : :OllfflIIII.. .. . : . . . . : : - * -_ -------IHEHIlEIflU- ............................................................I - ....... iep- • .. .. .. .:: .. . . .. .. .. aoo - .. _ .. _ .. .. _ Residential .. . . . a .. ... .. . . . .. . . . . . . . . • : ...................... ..... . • - ...... ....................... _.. ._.. lllHhIIhlII.................... ....... ..... Future Landuse 1111111 F o'l Parts rM 'tr 11111! /a." Private open Space Residential .... n°°.. e 0 Mixed Use Neighborhood COmmerClaL 0 ORice " � Historic Commercial :: .. .. . e .N ... - ' - w - Commonly Commercial Neighborhood Commercial SLIGO ST O Regional Commercial Industrial ... ..University z...� : .: . I. Mixed Us c..... ...... .. .. Overview ,• Legend w� . _ - Subject Property Streets Boundary F :,v � i ® RZN 01-17.00 �_ 6dsdng '".� Planning Area --LII r Planned coc c OverfaY District �L _ _I City Limits I., J, -'I_ -7S`_ Planning Commission September 24, 2001 WO1-17 Beard/Center Page 3.10 • STAFF REVIEW FORM • X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of October 16, 2001. FROM: Tim Conklin Planning Name Division RECEIVED OCT 04 2001 CITY OF FAYETI•EVILLE CITY CLERK'S OFFICE Public Works Department ACTION REQUIRED: To approve an ordinance for RZN 01-17.00 as submitted by Bill McClard of Lindsey & Associates, Inc. on behalf of the property owners Cynthia Beard and William M. Center, III for property located at the southeast corner 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. COST TO CITY: I Cost of this Request Account Number Project Number BUDGET REVIEW: Category/Project Budget Funds Used To Date Remaining Balance Category/Project Name Program Name Fund Budgeted Item Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accounting Manager City A torney Purchasing Officer Date /O Zar Date Date Internal Auditor ADA Coordinator Date Date STAFF RECOMMENDATION: Staff recommended approval and on September 24, 2001, Planning Commission unanimously voted 6-0-0 to recommend approval and to forward the rezoning to the City Council. Date Cross Reference (g New Item: Yes Da e Prey Ord/Res #: ate ( Orig Contract Date: Date Orig Contract Number: FAYETTEVItLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPOND To: Tim Conklin, Planning Division From: Heather Woodruff, City Clerk Date: December 6, 2001 Please find attached a copy of Ordinance No. 4351 approving RZN 01-17.00 as submitted by Bill McClard of Lindsey & Associates, Inc. on behalf of the property owners Cynthia Beard and William M. Center, III, for property located at the southeast corner of 151h Street and Beechwood Avenue. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit 010 03 Update Document Reference ORD 23ty of Fayetteville Index Maintenance • Ite Action Date Ref. Taken Brief Description 12042001 4351 REZONING RZN 01-17.00 Enter Keywords........: File Reference #......: Security Class........: Expiration Date.......: Date for Cont/Referred: Name Referred to......: ORD. 4351 •Fig 12/11/2001 8:10:15 Retention Type: **** Active * Cmdl-Return Cmd8-Retention Cmd4-Delete Cmd3-End Press 'ENTER' to Continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp.