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HomeMy WebLinkAboutOrdinance 4363 RECORD '02 AN 14 ORDINANCE NO. 4363 A17 11 37r WASHING, , Vrill c .j A AN ORDINANCE REZONING THAT PROPERTY DESCRIBED B. STAMPS IN REZONING PETITION RZN 01 -28.00 FOR A PARCEL CONTAINING APPROXIMATELY 11 .68 ACRES FOR PROPERTY LOCATED WEST OF SHILOH DRIVE AND NORTH OF PORTER ROAD, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY DAVE JORGENSEN ON BEHALF OF TOM AND LOUISE SAGER AND PAUL AND BERNICE GUISINGER. 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-2, Medium Density 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 2"d day of January, 2002. APPROVED: By: < s t I t f ` , _ DAN COODY04ayor ATTEST" . , By: s Hea c Woodruff; City Cl 2002006784 Ord . 4363 0 RZN 01 -28 .00 EXHIBIT "A" ORIGINAL PART OF THE NW 1 /4 OF SECTION 5, ALSO PART OF THE NEIA OF SECTION 6 ALL IN T16N, R30W AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE W 1 /4 CORNER OF SECTION 5 THENCE N88046'46"W 264.00 FEET, THENCE N01033'09"E 693 .00 FEET, THENCE N88048112"W 10.85 FEET, N01000125"E 175 . 76 FEET, THENCE S88046'33"E 323.02 FEET, THENCE NO ] 03310911E 217.80 FEET, THENCE S88048' 12"E 250.00 FEET, THENCE S09009'2911W 988.32 FEET, THENCE S01041109"W 209. 11 FEET, THENCE N88018'5 I "W 164.24 FEET TO THE P.O.B . ; CONTAINING 11 .68 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. 2002006785 NAME OF FILE: Ordinance No. 4363 CROSS REFERENCE: 01 /02/02 Ordinance No. 4363 Exhibit "A" (Legal Description of R2N01 -28.00) 11/20/01 Planning Division Correspondence to Fay. Planning Commission from Dawn Warrick, Senior Planner 11/26/01 Planning Commission Minutes (Pgs. 34-36) 12/18/01 Staff Review Form 01 /04/02 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City Clerk NOTES : 0 ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN O1-28.00 FOR A PARCEL CONTAINING APPROXIMATELY 11.68 ACRES FOR PROPERTY LOCATED WEST OF SHILOH DRIVE AND NORTH OF PORTER ROAD, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY DAVE JORGENSEN ON BEHALF OF TOM AND LOUISE SAGER AND PAUL AND BERNICE GUISINGER. 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-2, Medium Density 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. APPRQVD .. . M i q' 1� !A 4Y k YJ By: a ._ +r DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBIT "A" RZN O1 -28.00 PART OF THE NW 1 /4 OF SECTION 5, ALSO PART OF THE NEIA OF SECTION 6 ALL IN TI 6N. R30W AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE W 1 /4 CORNER OF SECTION 5 THENCE N88046'46"W 264.00 FEET, THENCE NO1033'09"E 693 .00 FEET, THENCE N8804811211W 10.85 FEET, NO100012511E 175.76 FEET, THENCE S88046'33"E 323.02 FEET, THENCE NO 1 03310911E 217.80 FEET, THENCE S88048' 12"E 250.00 FEET, THENCE S09009'29"W 988.32 FEET, THENCE SO104110911W 209. 11 FEET, THENCE N88° 18'51 "W 164.24 FEET TO THE P.O.B. ; CONTAINING 11 .68 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. 0 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: November 20, 2001 RZN 01-28.00: Rezoning (Sager/Guisinger, pp 325) was submitted by Dave Jorgensen of Jorgensen & Associates on behalf of Tom & Louise Sager and Paul & Bernice Guisinger for property located at west of Shiloh Drive and north of Porter Road. The property is zoned A-1 , Agricultural and contains approximately 11.68 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: November 26, 2001 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: December 18, 2001 (1" reading) H:IUSERSICOMMONIDA WNTIREPOR7SWCV1-26-07 LSAGER R2.DOC Comments: BACKGROUND: The subject property is located just north of the intersection of Porter Rd., Mt. Comfort Rd. and Shiloh Drive just west of I-540. It is bordered on the west by Deane Solomon Road Currently the property is vacant. This rezoning request is being considered along with a companion request for C-2, Thoroughfare Commercial zoning on the property immediately east of this site. This request is to consider R-2, Medium Density Residential zoning for 11 .68 acres which lies along Deane Solomon Road. Property to the north is currently zoned R-2 and contains residential development. Property at the southeast corner of this subject tract was recently rezoned C- 1 and a large scale development for an office building is being reviewed at this time. The General Plan designates the area along the I-540 corridor between Hwy 112 and Mt. Comfort Rd. as a node of Regional Commercial development. This project area is designated Mixed Use. With adjoining properties zoned AA , Agricultural and containing a variety of land uses including single family residential, agricultural, a mobile home park, offices and even industrial. It is expected that in time redevelopment and new development will occur in this area. The proposed R-2 zoning will create a buffer between commercial developments along 1-540 and residential areas to the west, across Deane Solomon Road. Medium Density Residential zoning in this location would allow for a maximum of 280 units. A specific project proposal has not been brought forward to staff at this time. Improvements to existing infrastructure made necessary by a development in this location will be the responsibility of the developer at that time. SURROUNDING LAND USE AND ZONING North: Williams Ford Tractor, C-2 South: Porter Rd.-Mt. Comfort intersection / Mixed uses, R-O, R-2, R- 1 , A- 1 East: I-540 / Vacant, A- 1 West: Vacant, A- 1 H.I USERSI COMMOMDA WNnREPORTSI PCM-26-011 SAGER_R2.DOC INFRASTRUCTURE: Shiloh Drive provides access to this site. Shiloh Dr. is designated a collector on the Master Street Plan. Additional development may allow for access from the west through currently undeveloped pasture land in the future also. Water is available from an existing 8" line along Shiloh Drive. Sewer will have to be extended to the site by the developer when a project is proposed. 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 Future Land Use Map and those areas are defined as "areas where residential, commercial, office and agricultural uses would be appropriate." With regard to these areas, the General Plan states "Designation of mixed use areas will allow developers a great deal of flexibility in terms of uses, while City regulations will maintain standards for quality mixed development. This part of the plan recognizes that development is market driven and therefore doesn't attempt to designate specific future land uses within these areas." 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 needed in order to develop this property residentially. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will increase traffic, however it will not create or appreciably increase traffic danger and congestion. Access to Deane H.IUSERSICOMMOMDAWNrIREPORTSIPC111-26-01 LSAGER_R2.DOC 0 0 Solomon as well as to Mt. Comfort/Porter Road will serve any development on this site. 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: 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:IUSERSICOMMOMDAWAM)ZEPOR7SIPC17/-26-OMAGER R2.DOC aIVATE DR . : . . . 00 ................. iiEiii:` iii` Ij.-- . , �' . ................................................. ................................................. ................................................. Overview Subject Property Boundary Master Street Plan RZN01-28.00 Planning Area Free%srayflExpressmray . . I II nr . r u It, II- � I p Cr VCU��/� ylfl�wll � 1 1 :U 0 00 A 00 •' In00 p� •L R RD all 00 • . . 9 li mi no a all � . �II INmII a: ■■II!G,ae11�■u� _ n 1 �� ��� I IY■Y . ii' 111■°■R S CP ... ► yCP 00 firs! ,I .� 0 0 .uu one Lp TERM ON i�Y .Irl ■4 . � %u olnLO\n.� "�ilir r-1�sss0000 �'S�[t6► AhI♦ .� 00 i.�w: IIRI/A7E71., �■�,�,�, I. �. aLc■�uuc .11.E [` _ all � Big P..'CSi �Iviii113 j�7�U1 Reagan IILLL� uai = . `I1.11111 —1 ■ JL . .IRIr11 PPV n:. 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' . • . . . . . . . . . . . . . , _ . . . . . . . . . . . . . . . . . . . . t _ . . . . . . . . • SUBJECT PROPERTY . .EMR OP. . . . . . . . . %1iVRTP DR _ - t0 V A V V A\ V • . . . . . . . . . . • . . . • G ♦ A VAA, l ? V.�V4 �� IN < . . . . . . . . I . . _ . . I . . . . \ � c . . . . . . . _ . . . . . _ . Mixed Use • A\4 ��� g . . . . . . . . . . . . . 1 \N \ ` Regional Commercial \ � a . . . . . V •a. A vA� VASE - : . M%XCU USa . w w IN t ° ` f oc �, 11 , .000 .EPRfVXTE _ ��,, �'\ �' Future Landuse > .a. . . . . _ . N 0 Parka . : . . " Atodw CONf°PT4 _ _ _ _ . . Private Open Space ° Nouar conE 7w �+ a �v � � v� Residential . : o . o : I f ® Mixed Use o i OQ . . . . . . . . . . . II _ oo. _ _ : : . . . _ _ � _ _ Q \ �° Historic Commercial . . . . . . _ - Community Commercial L . . .00 . . � .etl Use - - - - - lx - : . : - _ , 1 Neighborhood Commercial - I Residential o. - so : : : : . I. : : : . . : : Regional Commercial Industrial : UnWerairy . . . . . . . . . . . . . . . . . . . L . . . . . . . . . . . . . . . , . . . . . . . . . .. Overview Legend Subject Property Streets Boundary RZN01-28.00 Existing ��� Planning Area ac°oc Planned OwriaY District tin I 0000_o` S.. L _ 1 City Limits •�Tv 0 125 250 500 750 11000 Feet