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HomeMy WebLinkAboutOrdinance 4356 i.LEI R RECORD ' 02 A 1 `i Rel 11 36 ORDINANCE NO. 4356 WASHIi1G^ lii! C � B. Sf� LE$'s AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN O1-22.00 FOR A PARCEL CONTAINING APPROXIMATELY 30.99ACRES FOR PROPERTY NORTH OF WEDINGTON ON THE EAST SIDE OF 51ST STREET, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY DAVE JORGENSEN OF JORGENSEN & ASSOCIATES ON BEHALF OF MARK FOSTER FOR PROPERTY OWNED BY EUGENE NOTTENKAMPER. 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 R- 1 , Residential 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 18`h day of December, 2001 . APPROVED: By: DAN CO :t`V BF .� H er; .00druff, City CI 2002006774 � E Ord . 4356 EXHIBIT "A" ORIGINAL RZN 01 -22.00 PART OF THE NEIA OF THE NEIA AND PART OF THESE 1/4 OF THE NEIA OF SECTION 11 , TOWNSHIP 16 NORTH, RANGE 31 WEST IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NE CORNER OF SAID NE 1/4 NE 1/4 THENCE S00036'02"E 1984.07 FEET; THENCE S89°37'55"W 64 7.81 FEET; THENCE N00°35'45"W 175 .49 FEET; THENCE S89°36'05"W 15 .01 FEET; THENCE N00034'54"W 282.70 FEET; THENCE N20°32' 11 "W 181 .27 FEET; THENCE N00006'05 "W 220.08 FEET; THENCE NO1 °09'50"W 413 .72 FEET; THENCE N33046'31 "W 78.60 FEET; THENCE N49'5 1 '39"W 159.79 FEET; THENCE N89°28' 11 "E 280.75 FEET; THENCE N00036'02"W 550.03 FEET; THENCE N89'28' 1 VE 610 FEET TO THE P.O.B., CONTAINING 30.99 ACRES, MORE OR LESS, SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. 2002006775 �AVIt�14t� 4 Bette Stamps, Circuli Clerk and Ex-officio Recorder for Washington County, Arkansas, do hereby tarty that this instrument was filed for record in my ofr.;e as indicated hereon and the same is now duly recorder! with the acknowledgement and certificate thereon in Record Book and Page as indicated thereon. IN WITNESS WHEREOF hand and affix , have hereunto set my sated hereon. ed the seal of said Court on the data indl. s Q 1 kd Exofficio Recorder NAME OF FILE: Ordinance No. 4356 CROSS REFERENCE: 12/18/01 Ordinance No. 4356 Exhibit "A" (legal description for RZN 01 -22.00) 10/22/01 Planning Division Correspondence to Fay. Planning Commission, from Dawn Warrick, Senior Planner, thru Tim Conklin, City Planner 09/24/01 Letter to City of Fayetteville Planning Division from David L. Jorgensen, Jorgensen & Associates 10/22/01 Planning Commission Minutes (Pgs. 50 & 51 ) 11 /20/01 Staff Review Form 12/20/01 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City Clerk NOTES : ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 01.22.00 FOR A PARCEL CONTAINING APPROXIMATELY 30.99ACRES FOR PROPERTY NORTH OF WEDINGTON ON THE EAST SIDE OF 51ST STREET, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY DAVE JORGENSEN OF JORGENSEN & ASSOCIATES ON BEHALF OF MARK FOSTER FOR PROPERTY OWNED BY EUGENE NOTTENKAMPER. 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 R4, Residential 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: D El By: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBIT "A" RZN 01-22.00 PART OF THE NE 1 A OF THE NEI A AND PART OF THE SE 1 /4 OF THE NE 1 A OF SECTION 11 , TOWNSHIP 16 NORTH, RANGE 31 WEST IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NE CORNER OF SAID NEI /4 NEI /4 THENCE S00036'02"E 1984.07 FEET; THENCE S89°37'55 "W 64 7.81 FEET; THENCE N00°35'45"W 175 .49 FEET; THENCE S89°36'05"W 15.01 FEET; THENCE N00034'54"W 282.70 FEET; THENCE N20°32' 1 I "W 181 .27 FEET; THENCE N00°06'05"W 220.08 FEET; THENCE N01 °09'50"W 413 .72 FEET; THENCE N33'46'31 "W 78.60 FEET; THENCE N4905 1 '39"W 159.79 FEET; THENCEN89°28' 11 "E 280.75 FEET; THENCEN00°36'02"W 550.03 FEET; THENCEN89°28' 11 "E 610 FEET TO THE P.O.B ., CONTAINING 30.99 ACRES, MORE OR LESS, SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. 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 THRU: Tim Conklin, A.I.C.P., City Planner DATE: October 22, 2001 RZN 01 -22.00: Rezoning (Foster, pp 398) was submitted by Dave Jorgensen of Jorgensen & Associates on behalf of Mark Foster for property owned by Eugene Nottenkamper and Anthony Twchi and located north of Wedington on the east side of 51 " Street. The property is zoned A- 1 , Agricultural and contains approximately 30.99 acres. The request is to rezone to R- 1 . Residential. RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report. PLANNING COMMISSION ACTION: Required YES 0-Approved O Denied Date: October 22, 2001 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: November.20, 2001 (1" reading) H:I USERSICOMMONIDAIVN7IREPORTSIPCIIO-22-01l fosler_r_n.doc Comments: BACKGROUND: The subject property is located immediately west of Fieldstone Subdivision and south of the recently approved (preliminary plat) Fairfield Subdivision, which connects to phases of Bridgeport. The land is within the Fayetteville Planning Area and is largely undeveloped to date. The applicant proposes to annex this property into the City of Fayetteville and to request R-1, Low Density Residential zoning. Having the property within the City limits will provide for a controlled development which complies with current city regulations (tree preservation, zoning, streets, sidewalks, fire protection, etc.). There are several points within this property where street connections will be possible. Two streets will connect into Fieldstone (stub outs are existing) and at least one connection will be made to the north into Fairfield Subdivision. SURROUNDING LAND USE AND ZONING North: Vacant (Fairfield Subdivision Prelim. Plat approved), R- 1 South: Single family home, R- 1 / Single family homes further south adjacent to Hwy 16, A- 1 East: Fieldstone Subdivision, R-1 West: Single family homes (large lots), County INFRASTRUCTURE: Streets: Access to this property is from Wedington Drive (Hwy 16W) and then directly from 51 " Street (also called Sunshine Rd., a Washington County road) Water & Sewer: There are existing water and sewer lines located in Fieldstone Subdivision and also along 51 ' Street to the west. These are 8" and 6" lines. LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property to R- 1 , Low Density Residential is consistent with the land use plan and compatible with surrounding land uses in the area. H:I USERSICOMMOMDAWN7IREPOR7SIPC110-11-01ljoster_rzn.doc • 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 consistent with land use planning objectives, principles, and policies and with land use and zoning plans. This area is designated as residential on the adopted General Plan 2020 as is the surrounding property. The predominant land use in this are is single family residential. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed rezoning is justified at this time in that it is in keeping with the policies and adopted plans of the City. Zoning this property R-1 is consistent with surrounding subdivisions 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. Wedington Drive, designated a principal arterial on the Master Street Plan, was recently widened between 1-540 and Rupple Road. Another principal arterial, connecting to Sunshine Road just north of the subject property, will be improved with the development of Fairfield Subdivision and will also provide access for this development. Access through existing and developing subdivisions will provide alternate routes for residents in this area. 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: 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: H:1 USERSICOMMOMDA {YNnREPORTSIPCI/0-11-0llfosrer_=.doc • 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:IUSERSICOMAfOA DAWN7IREPOR7SIPCl10-22-0/Ifwrer_rn.do § 161.04 DISTRICT R-1 : LOW D. Bulk and Area Regulations. DENSITY RESIDENTIAL. Single- Two-Family A. Purpose. The Low Density Family Residential District is designed to permit Lot 70 ft. 80 ft. and encourage the development of low Minimum density detached dwellings in suitable Width environments, as well as to protect existing development of these types. Lot Area 8,000 sq. ft. 12,000 sq.ft. Minimum B. Uses. Land Area 8,000 sq. ft. 6,000 sq. ft. 1 . Permitted Uses. Per Dwelling � Unit 1 City-Wide Uses by Right Unit Unit 26 Single-Family Dwelling E. Yard Requirements (feet). 2. FRONT SIDE REAR Uses YARD YARD YARD Permissible on Appeal to the Planning 25 8 20 Commission. Unit 2 City-Wide Uses by Conditional F. Building Area. On any lot the Use Permit area occupied by all buildings shall not Unit 3 Public Protection and Utility exceed 40% of the total area of such lot. Facilities (Code 1991 , §160.031 ) Unit 4 Cultural and Recreational Facilities Unit 8 Single-Family and Two- Family Dwellings C. Density, SINGLE- TWO FAMILY FAMILY DWELLINGS DWELLINGS 4 or Less Families 7 or Less Families Per Acre Per Acre H.I USERSI COMMONI DAWN71 REPOR7SI PCI10-22-O1Ifosler_rn.d oc Laquitta R , Jech Christopher & Mary Gates 1521 N . Genoa 1505 Genoa Fayetteville , AR 72704 Fayetteville , AR 72704 ;.ni, N n. John & Alice Pool 1471 Genoa 4< Fayetteville , AR 72704 ¢ Brad Szurgut Brad Szurgut 1431 N . Genoa AVe , 1431 N . Genoa AVe , Fayetteville , AR 72704 Fayetteville , AR , 72704 John & Mary Scaccia ( Lynn Williamson 1405 Genoa P . O . Box 1754 Fayetteville , AR 72704 Springdale , Ar , 72765 Jason Griffin & Susan Inlow 1391 Genoa Fayetteville , AR 72703 James & Lisa Buckner 1373 Genoa Ave , Fayetteville , AR 72704 Paul & Patsy Albert 703 Beck Dr , Fayettevile , AR 72703 Jason Daugherty = 1343 Genoa AVe . • , Fayetteville , AR 72704 George & Grace Row 1325 Genoa Fayettevile , AR 72704 David & Julie Thidodaux 1303 Genoa Ave , Fayetteville , AR 72704 I