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HomeMy WebLinkAboutOrdinance 4352 ILEu FOR RECORD 902 JHN 19 RM 11 35 ORDINANCENO. 4352 WASHINGiar G ;" rtl B. STAMPS AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 01 . 18.00 FOR A PARCEL CONTAINING APPROXIMATELY 19.39 ACRES FOR PROPERTY LOCATED ON THE SW 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 1- 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: rni [ , Vol ►+` o` DAN COODY, Mayor ` , z" By (�Ieather Woodru f, Ciry Cl ' c . j 2002006767 • Ord . 4352 EXHIBIT "A" 1EXH I B I T A RZN 01 . 18,00 THE EAST HALF OF THE NEI /4 OF THE SW 1 /4, OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS; LESS AND EXCEPT THAT PART CONTAINED WITHIN THE STREET RIGHTS-OF-WAY LONG THE EAST SIDE AND SOUTH SIDE THEREOF, CONTAINING 19.39 ACRES, MORE OR LESS. m x X Q� s D 2002006768 I' Bette stamps, C. Ult for Washington Cour Clerk and Exoffipo Recorder that this instument was'filakansas, do hereby certify Indicated hereon ed fa record in my office as N th the Record acknowledgement a is now duly recorded in beck g and cerA'ficate thereon and Page as indicated thereon, IN WITNESS WHEREOF, I have hereunto set my hand and on. the seal of said Court on the date indi- catedhereon, . Curt ps of oficio Recorder by 9 r NAME OF FILE: Ordinance No. 4352 CROSS REFERENCE: 12/04/01 Ordinance No. 4352 Exhibit "A" (legal description of RZN 01 - 18.00) 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 Division Correspondence to Fay. Planning Commission, from Dawn Warrick, Senior Planner, thru Tim Conklin, City Planner 09/24/01 Planning Commission Minutes (Pgs. 22-31 ) 10/16/01 Staff Review Form 12/06/01 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City Clerk NOTES : ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 0148.00 FOR A PARCEL CONTAINING APPROXIMATELY 19.39 ACRES FOR PROPERTY LOCATED ON THE SW 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 1- 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 day of , 2001 . APPROVED: By: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBIT "A" RZN 01 - 18.00 THE EAST HALF OF THE NEI /4 OF THE SW 1 /4, OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS; LESS AND EXCEPT THAT PART CONTAINED WITHIN THE STREET RIGHTS-OF-WAY LONG THE EAST SIDE AND SOUTH SIDE THEREOF, CONTAINING 19.39 ACRES, MORE OR LESS. P FAYETTEVILLE 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, City Planner THRU: Hugh Earnest, Urban Development Director rV DATE: October 5 , 2001 BACKGROUND RZN 01 - 18.00 Rezoning was submitted by Bill McClard of Lindsey & Associates, Inc. on behalf ofthe property owners Cynthia Beard and William M. Center, III forproperty located at the southwest corner of 15'^ Street and Beechwood Avenue. The property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 19.39 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 Staffrecommended 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. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501) 575-8264 P[ PLANNING DIVISION CORRESPONDENCE o TO: Fayetteville Planning Commission FROM: Dawn T. Warrick, Senior Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: September 24, 2001 RZN 01-18.00 Rezoning (Beard/Center, pp 598) 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 the southwest corner of 15" Street and Beechwood Avenue. The property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 19.39 acres. The request is to rezone toga, High Density Residential. RECOMMENDATION: Staff recommends denial of the requested rezoning. Staff recommends approval of an amended request for R-2, Medium Density Residential zoning for the subject property 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 -(l" reading) H.,IUSERSICOMMONIDA WN7IREPORMP09-24-01 OEARDCENTER R3.DOC Planning Commission September 14, 1001 RZNOI-18 Beard/Center Page 4. 1 Comments: BACKGROUND: The subject property is currently vacant and is located on the south side of 15th 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'h 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`h 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. High density residential zoning may significantly impact the character of this area allowing for a maximum of 775 residential units. Without more definitive information regarding development plans, it is difficult to make a finding of compatibility in this case. R-2 zoning is compatible with residential properties to the south of the subject tract and will allow for a total of 465 residential units. There is a subdivision in this area which is developed with mostly single family homes and is zoned R-2, Medium Density Residential. H:IUSERSICOMMONWA WMWEPORTSIP09-24-01IBEARDCENTER R3.D0C Planning Commission September 24, 2001 RZN01-18 Beard/Center Page 4.2 This area has been changed by development of properties by the University of Arkansas. Residential zoning is applicable in this location however applying the highest possible density to almost 20 acres of property is not advisable. A more moderate zoning, R-2, which is in keeping with surrounding residential areas is more appropriate and still provides flexibility in the type as well as the density of residential development for this site. SURROUNDING LAND USE AND ZONING North: Baum Baseball Stadium / Tyson Indoor Track Complex, I- 1 South: Vacant, R-2 East: Vacant, I- 1 West: Vacant, I- 1 INFRASTRUCTURE: Access to this site is from 15" 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'" Street (Hwy 16) LAND USE PLAN: General Plan 2020 designates this site Mixed Use. Rezoning this property to R-3, High Density Residential is consistent with the land use plan. A designation of R-2, Medium Density Residential, is more 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: The proposed zoning is not 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. The surrounding properties are largely undeveloped. Nearby uses include University facilities and single family homes to the south which are located within the R-2 district. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. H. IUSERSiCOMMONIDA WN71REPORTSIPC19-24-0/IBE4RDCENTER R3.DOC Planning Commission September 24, 2001 RZNOI-18 Beard/Center Page 4. 3 Finding: Unable to make finding without additional information regarding a proposed development and its impact on surrounding properties. It is not known even 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:IUSERSICOMMOMDAWN7IREP0R7SWCI9-24-D/IBEARDCENTER R3.D0C Planning Commission September 24, 2001 RZNOI-18 Beard/Center Page 4. 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 1 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 H.IUSERSICOMMOMDA WNnREPOR7SIPCI9-14-0/IBE4ROCENTER R3.DOC Planning Commission September 24, 2001 RZNOI-18 Beard/Center Page 4. 5