HomeMy WebLinkAboutOrdinance 4352 ILEu FOR RECORD
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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:
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Vol
►+` o` DAN COODY, Mayor
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By
(�Ieather Woodru f, Ciry Cl ' c
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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.
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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
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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
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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