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HomeMy WebLinkAboutOrdinance 4406 ORDINANCE NO. 4406 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 02-7.00 FOR A PARCEL CONTAINING APPROXIMATELY 11 .94 ACRES AND LOCATED WEST OF PORTER ROAD AND NORTH OF VALLEY DRIVE, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY LINDSEY & ASSOCIATES ON BEHALF OF THE ESTATE OF MARIE FRANKIE HUGHES. 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 R-1, Low Density Residential to RMF-12, Moderate Density Multi- Family 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 the 16w day of July, 2002. APPROVED: By: t62/Z DAN GOODY, Mayor � F City Clerk . Ord . 4406 EXHIBIT "A" PART OF THE SE 1/40F THE NE 1/40F SECTION 7, T16N, R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SE 1 /4 , NE 1/4 THENCE S01026100"E 117.21 FEET TO THE POINT OF BEGINNING, THENCE N890541111E 1284.27 FEET, THENCE S0001911711E 576.70 FEET TO THE CENTER OF THE CREEK, THENCE ALONG THE CENTER OF SAID CREEK N81045'11"W 266.74 FEET, THENCE N74036106"W 184.84 FEET, THENCE N5205514"W 228.36 FEET, THENCE LEAVING SAID CREEK N00033108"W 270.60 FEET THENCE WEST 367.52 FEET, THENCE S01026100" E 525.11 FEET, THENCE S8904010511W 291 .00 FEET, THENCE N0102610011W 605.74 FEET TO THE P.O.B.; CONTAINING 11 .94 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. NAME OF FILE: Ordinance No. 4406 CROSS REFERENCE: 07/16/02 Ordinance No. 4406 Exhibit "A" (RZN 02-7.00 approx. 11 .94 acres and located west of Porter Road and north of Valley Drive, Fayetteville, AR, as submitted by Lindsey & Associates on behalf of the Estate of Marie Frankie Hughes. 03/25/02 Planning Division Correspondence to Fayetteville Planning Commission 03/25/02 Planning Commission (Pages 15-21 ) 04/17/02 Staff Review Form 07/18/02 Memo to Tim Conklin, City Planner, from Heather Woodruff, City Clerk NOTES : ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 02-7.00 FOR A PARCEL CONTAINING APPROXIMATELY 11.94 ACRES AND LOCATED WEST OF PORTER ROAD AND NORTH OF VALLEY DRIVE, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY LINDSEY & ASSOCIATES ON BEHALF OF THE ESTATE OF MARIE FRANKIE HUGHES. 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 R-1, Low Density Residential to RMF-12, Moderate Density Multi- Family 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 12002, APPROVED: DRAFT By: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBT "Al' PART OF THE SE ''A OF THE NE '/4 OF SECTION 7, T16N5 R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SE 1 /4 , NEATHENCE SOI 026'00"E 117.21 FEET TO THE POINT OF BEGINNING, THENCE N89054111 "E 1284.27 FEET, THENCE S00019117"E 576.70 FEET TO THE CENTER OF THE CREEK, THENCE ALONG THE CENTER OF SAID CREEK N81 °45 ' 11 "W 266.74 FEET, THENCE N74036'0635W 184.84 FEET, THENCE N52055 ' 14"W 228.36 FEET, THENCE LEAVING SAID CREEKN00°33'08"W 270.60 FEET THENCE WEST 367.52 FEET, THENCE SO1026100"E 525 . 11 FEET, THENCE S89040105"W 291 .00 FEET, THENCE NO1026300"W 605 .74 FEET TO THE P.O.B.; CONTAINING 11 .94 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: (479) 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: March 25, 2002 RZN 02-7.00: Rezoning (Lindsey Properties, pp 402) was submitted by Dave Jorgensen of Jorgensen & Associates on behalf of Lindsey Properties for property owned by the estate of Marie Frankie Hughes, Pauline Millsap, Administrator. The subject tract is located west of Porter Road and north of Valley Drive. The property is zoned R-1 , Low Density Residential and contains approximately 11 .94 acres. The request is to rezone to RMF- 12, Moderate Density Multi-Family Residential. RECOMMENDATION: Staff recommends approval of the requested rezoning with the Bill of Assurance offered by the prospective developer based on the findings included as part of this report. PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: March 25, 2002 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: Anril 16, 2002 (1" reading) H..*IUSERSICOM1SNONIDAHN7IREPORMPCI2002 REPOR7SILINDSEYRZN02-7.DOC Comments: BACKGROUND: The subject property is located west of Porter Road, south of Megan Drive and north of Wedington Drive (Hwy 16W). The applicant is proposing to purchase the subject property in addition to adjacent property which is currently zoned R- 1 and is not a part of the requested rezoning. A development including both multi-family and single family dwellings is the goal of this rezoning request. During the past several months, the applicant has met with the neighborhood association in which the property is located. Through these meetings and discussions, the neighborhood has been introduced to the developer's plans and the developer has had an opportunity to better understand concerns of the area residents. A bill of assurance has been offered by this applicant which provides for screening, a maximum density and other terms and conditions for a development which would result from a successful rezoning (see attached). Rezoning the property from R- I to RMF- 12 will increase the maximum density permitted by ordinance from 47 units to 143 units. In the applicant's bill of assurance, the number of multi- family dwellings for this tract is limited to 108 units (9 — 12 unit apartment buildings). Surrounding properties include single family residences, a non-conforming mobile home park, and apartments. There is a substantial amount of property within this site which is affected by floodplain and floodway. At the time of development, specific issues such as lot size, access and grading will have to be addressed concerning these areas. SURROUNDING LAND USE AND ZONING North: Vacant / Single family homes, R- 1 South: Single family homes / Mobile home park, R- 1 East: Single family homes, R- 1 West: Apartments / Vacant, R-2 & R- 1 INFRASTRUCTURE: This property is located north of Wedington Drive (Hwy 16W) which has recently been H.WSERSICOMMOMDA WN71REPOR7SIPCI2001 REPORTSILINDSEYRZN01-7.DOC improved to five lanes in this area. Access to Wedington Drive from the subject tract is from Porter Road. Porter Road is classified a collector on the City' s adopted Master Street Plan. At the time of development, dedication of sufficient right of way as well as possible improvements or contributions for Porter Rd. will be addressed. Access to water is available along Porter Rd. and an 8" sewer line is located on site. The applicant will be responsible for ensuring that adequate utility facilities are extended to the site to serve any proposed development. LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property to RMF- 12, Moderate Density Multi-family 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. The City's adopted General Plan 2020 specifies that "this land use plan establishes a policy for residential areas to be planned as traditional neighborhoods containing a mix of different densities, housing types, and lot sizes." 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is justified in that it is consistent with adopted land use plans and policies of the City. It is needed in order to provide a development in this location which is designed to provide a mix of housing types and densities as proposed by this developer. 3 . A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will provide for an increase in potential traffic, however with conditions placed at the time of development as needed for street improvements and connectivity, the increase is not expected to appreciably increase traffic danger and congestion in this area. Access to Wedington Drive (Hwy 16W) connecting to 1-540 is available from this subject property by way of Porter Road. 4. A determination as to whether the proposed zoning would alter the population density H. IUSERMCOMMOMDA WMREPORTSIPC12001 REPORTSILLNDSEYRZN02-IDOC and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The proposed zoning will allow for a more dense population on the subject 11.94 acres. The requested RMF-12 district would allow for a total of 143 units. The applicant has offered a Bill of Assurance limiting this number to 108. With current zoning in place (R-1) the property would allow for a total of 47 dwelling units. The increase contemplated with this rezoning should not undesirably increase the load on public services. Additional consideration to access and use of public services (water, sewer and street systems) will be reviewed at the time of development of the subject property. 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 tinder b ( 1 ) through (4) above why the proposed zoning is not desirable. Finding: N/A H. IUSERSICOMMOMDA NNnREPOR7SIPC11001 REPORTSIUNDSEYRZN02-7.DOC BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification , the owner, developer, or buyer of this property, Cornerstone Apartments, Phase II, a Limited Partnership (hereinafter "Petitioner") , hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Chancery/Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1 . The use of Petitioner's property shall be limited to single-family and multifamily residential use. 2. Other restrictions including number and type of structures upon the property are limited to nine 12-unit apartment buildings and no more than ten single- family lots. 3. Specific activities will not be allowed upon Petitioner's property include: 4 . Any other terms or conditions: a. Petitioner's property shall revert back to R-1 zoning in the event Petitioner elects not to develop the property for multifamily use. b. Petitioner will install a 6' wooden privacy fence, a 6' wrought iron fence or a privet hedge along the north side of Petitioner's property. The choice of design may be selected by a majority of adjoining property owners on Megan Drive, but the installation must be uniform along the property line. c. Petitioner will establish covenants for the single-family portion of the development that are compatible with covenants for the Megan Drive addition . d . Petitioner will plant twenty 6' Loblolly Pine trees along the south boundary as a buffer for residents of Valley Drive. e. The preliminary plat and Large Scale Development for Cornerstone Apartments, Phase II and the associated single-family development will be submitted simultaneously. f. Within two years after approval of Petitioner's large scale development, Petitioner will have either commenced construction of houses on the single-family lots or will have listed the lots for sale. 5 . Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF, and in agreement with all the terms and conditions stated above, I , James Earl Lindsey, President of Cornerstone Apartments Management Company, Inc. , the General Partner of Cornerstone Apartments, Phase II , a Limited Partnership, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. CORNERSTONE APARTMENTS, PHASE ll , A LIMITED PARTNERSHIP BY: CORNERSTONE APARTMENTS MANAGEMENT COMPANY, INC . , ITS GENERAL PARTNER BY: `� James Earl Lindsey, President 1165 Joyce Boulevard Fayetteville, AR 72703 Date: 3 — / 9 — d Z NOTARY OATH STATE OF ARKANSAS ) COUNTY OF WASHINGTON And now on this ( 9 f�- day of 2002 , appeared before me, James Earl Lindsey, President of Cornerstone Apartments Management Company, Inc., the General Partner of Cornerstone Apartments, Phase II, a Limited Partnership, and after being placed upon his oath swore or affirmed that he agreed with the terms of the Bill of Assurance and signed his name above. My Commission Expires: OFFICIAL SEAL tart' Ilc JOY L. HOOPS NOTARY PUBLIC ARKANSAS WASHINGTON COUNTY MY COMM. EXPIRES 8 - 1 2004