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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:. I tin ,�j vj — IIY1f(11 aeu ulgo ►�.�'i'c��� ,IIII�IA.!'IRrJ-f \GIOR Iinu.utslrL��. a�l� 7i IIn UUU�1 I �i1ti��I III R■■■ ■■R■11�° liiiii iii► ', Jj II . 1�. IJIr�u apiw � .al© II 1�.11i IiY ■■Y■Y—. n ul J . ♦�i� I � c7�'I . F : /�. IIIIAq �� "Nommomr. � � '��.1..1.■0.� � .0 m rccrcu:Iu �I. . u.11I c ■ I 2� m - . nnn�.ulr,;�!�tl�eiJui�.,��L 31' III II�Illhc 1MI� rrulcrs . p �IlliilillYliilRn a ion � `• a.o�■a �����- �a ■I ■� 7l.U[v7E.■■.. � �� �'� ,....Irr. u+ 1..■ - - ■■1■ LElYI]U./P � .rnumagnWilli Em; - ' ® I" �E�I� . LaIII 111111 MIR �- •• 1!'.1;. Ilil �.I■ 11� li- +n. I �'uL'~j11 ��1=CIS: Mi . . Legend SubjectProperry Boundary Master Street Plan Area Firgareary/Expresmary . . DiStriCt 4 ..14.0 Principal Arterial OutsideStreets 000000 Existing L - - 0 % Collector Planned � 00,00 Historic Collector 1 0. 125 1 - - miles RZN01-28.00 GUISINGER/ SAGER Future Landuse . . . . . . . . . . . . . . . . . . . ' . • . . . . . . . . . . . . . , _ . . . . . . . . . . . . . . . . . . . . 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 • 0 Planning Commission November 26, 2001 Page 34 RZN 01-28.00: Rezoning (Sager/Guisinger, pp 325) was submitted by Dave Jorgensen of Jorgensen & Associates on behalf ofTom & 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. Estes: The next and last remaining item of business is a companion rezoning request, 01-28.00, submitted by Dave Jorgensen of Jorgensen & Associates on behalf ofTom and Louise Sager and Paul and Bernice Guisinger for property located west of Shiloh Drive and north of Porter Road. The property is zoned A - I, , Agricultural and contains approximately 11.68 acres. The request is to rezone to R-2, Medium Density Residential. Staff recommends approval of the requested rezoning based on the findings included as a part of your report. Is the applicant or the applicant's representative present? Jorgensen: Yes, my name is Dave Jorgensen and I'm hereto represent the owners on this property and answer questions and point out that this is affected by the overlay district. Estes: Thank you Mr. Jorgensen. Does any member of the audience wish to provide public comment on this requested rezoning, 01-28.00? Would you please come forward and say your name and where you live and give us the benefit of your comments? Herrin: I'm Renee Herrin, I live on Pine Valley Road in the subdivision and Ijust want to reiterate that this is also going to have an affect on all of the decisions to come for the other Bayarri, Shawki land. Ijust want to make that known, I'm sure that you realize that but there are two or three things here that are all affecting one. Thank you. Estes: Does anyone else wish to comment on the requested RZN 01-28.00? Seeing none, I'll bring it back to the Commission for discussions, motions or comments. Commissioners? Ward: Tim, in rezoning this to R-2, when do we start putting lighter units, like six or twelve units per acre, when do we start putting that on R-2? Conklin: Those are individual zoning districts so we still have the R-2 also which is 24 units per acre. Ward: If we didn't want to put 24 units per acre on this particular area.. Conklin: Then you would recommend something different. Ward: Then you would recommend a different type of zoning besides R-2? Planning Commission November 26, 2001 Page 35 Conklin: That is correct, you can always modify requests, change it to 18 or 12 or 6. Ward: Ok, I understand that the applicant is always going to usually apply for the most which is R-2, without designating 18 or 12 or something like that and without me looking at the property or all of us really evaluating it how do we come to the conclusion that this maybe shouldn't be a 24 unit development? Marr: If I could add on, because I think it is appropriate to the question that Commissioner Ward asked is that the findings that we have to look at is the justification or need of that and when we just approved another development in what I would consider to be a very similar service area in reference to the lady's commentjust ust a minute ago. Again, how would that be taken into consideration on whether there is justified need if you have 12 per acre and 24 per acre and X amount when you look at answering that finding. Conklin: What we have done is to work with the applicants and also recognize what is surrounding and the vicinity and in those cases where it is more appropriate because there are duplexes there already and that a certain density we've made these recommendations. That is how we have used those zoning districts. I don't think there is anything wrong with R-2, the 24 units per acre but I've gone backwards and used the three new zoning districts to provide compatibility for the adjoining developments. That is kind of how we use those three zoning districts. Hoffman: One of the things, I too am concerned about the density. One ofthe things that I've seen in both of these developments is that they are giving us opportunities to upgrade things that are either nonexistent like Sycamore or Porter Road, this A-1 actually touches Porter Road or Mount Comfort, I'm not sure what you call it at that point. Along with our study ofthe traffic, the developer many times is required to pay for offsite improvements and upgrade existing road conditions based on the impact that they are going to be putting on these roads and with the C -I development adjacent to Shiloh, that is not going to actually be going onto Porter but whatever density development will, in addition to Deane Soloman. Deane Soloman does go north and intersect with 112 but I see an opportunity here for improvement to that intersection that is sorely needed by the approval of some sort of this rezoning. I would be receptive to hearing if you have an idea of a lesser number of units although 24 units could be any number of bedrooms. Conklin: Twenty-four units per acre, dwelling units. Keep in mind too, the density issue also relates to how many people you put on one piece ofproperty or per acre. Just because we only allow six dwelling units per acre doesn't mean that people are not going to move to Northwest Arkansas, we're just going to consume more land and build more units. I don't • C Planning Commission November 26, 2001 Page 36 think because we build dwelling units people move here. Ijust ust want to bring that point up so when we start looking at density and infill and smart growth and sprawl, where we put people and how many people we put per acre and how efficient we are with our land use I think is going to impact all ofNorthwest Arkansas. We can either spread everybody out or we can try to create higher densities which allows more opportunities for mass transit and more efficiency with infrastructure and not having to maintain as many miles of street and water line and there are a lot of issues with regard to density but I would just like to bring that point out that density is not always bad. You can't have mass transit typically if you don't have higher densities in a community. Hoffman: I can actually see a scenario, since we do have this part adjoining Mount Comfort for a turn out lane and forpossibly a stop light at that intersection or something, I'm not sure. The way the street is designed is not ideal at all because of its proximity to the freeway and the curb, the blind turn but at least something. I don't know if it would create a bottle neck to have a stop light but we might be able to widen the street out and put in left turn lanes and right turn lanes and things like that that would help. I pretty much agree with Tim, I just don't know about the density. Ward: I agree with Tim about the R-2, I think it is zoned since it is sitting right next to C-2 that we just rezoned and basically in the overlay district on I540, I have no problem with R-2 personally at this particular site. I just was trying to ask Tim when do we consider more units or what not? What type ofsites are we looking for to limit the number of units per acre? In order to get this thing going I would like to recommend that we approve RZN 01-28.00 for changing it from A -I to R-2 and this is on 11.68 acres just off I540. Estes: We have a motion by Commissioner Ward to approve RZN 01-28.00, is there a second? Church: I'll second it. Estes: We have a second by Commissioner Church. Is there any discussion? We have a motion by Commissioner Ward to approve RZN 01-28 and a second by Commissioner Church. Renee, would you call the roll please? Roll Call: Upon the completion of roll call the motion to approve RZN 01-28.00 was approved by a vote of 8-0-0. Estes: The motion to approve RZN 01-28.00 passes by a unanimous vote ofeight to zero and will be forwarded to the Fayetteville City Council for its determination and consideration. The first reading will be on December 18, 2001. Tim, are there any announcements before • STAFF REVIEW FORM • X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of December 18, 2001. FROM: Tim Conklin Planning Urban Development Name Division Department ACTION REQUIRED: To approve an ordinance for RZN 01-28 as submitted by Dave Jorgensen of Jorgensen & Associates on behalf of Tom and Louise Sager and Paul and Bernice Guisinger for property located 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. COST TO CITY: Cost of this Request Account Number Project Number BUDGET REVIEW: Category/Project Budget Category/Project Name Funds Used To Date Remaining Balance Program Name Fund Budgeted Item Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accounting Manager City A tor Purchasing Officer Date II o Date Date Internal Auditor ADA Coordinator Date Date STAFF RECOMMENDATION: Staff recommended approval and on November 26, 2001, Planning Commission unanimously voted 8-0-0 to recommend approval and to forward the rezoning to the City Council. //-5c' °/ Division Head Date Dep tment irectto�or at Adm' 'strative Services Director 4 attje� Mayor Date Cross Reference New Item: Yes Prey Ord/Res #: Orig Contract Date: Orig Contract Number: FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin, Planning Division From: Heather Woodruff, City Clerk Date: January 4, 2002 Please find attached a copy of Ordinance No. 4363 rezoning that property described in Rezoning Petition RZN 01-28.00. The original will be microfilmed and filed with the City Clerk cc: Nancy Smith, Internal Audit 010 03 Cit of Fayetteville Update * Index Maintenance Document It Action Reference Date Ref. Taken Brief ORD 1022002 4363 RZN 01- Enter Keywords........: File Reference #......: Security Class........: Expiration Date.......: Date for Cont/Referred: Name Referred to......: .W c l •MI*] 1/09/2002 14:20:14 Description 28.00/SHILOH DRIVE & PORTER . . . . • . : 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. �aHia�A0 I, Betts Stamps, Circuit Clerk and Ex -officio Recorder for Washington County, Nkansas do hereby cero that this instrument was filed for record in my office as indicated hereon and the same is now duty recorded with the edmovledgemem and cerafit%te thereon In Record Book and Page as indicated thereon, IN WITNESS WHEREOF, I have hereunto set my hand and affaed the seal of said Court on the date indi- cated hereon. Betty ktwllps Graft lark and Ex -officio Recorder