HomeMy WebLinkAboutOrdinance 4410 ORDINANCE NO. 4410
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 02-17.00 FOR A PARCEL CONTAINING
APPROXIMATELY 21 .03 ACRES LOCATED SOUTH OF DEANE STREET,
WEST OF SANG AVENUE, AND EAST OF PORTER AVENUE,
FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY DAVE JORGENSEN
OF JORGENSEN & ASSOCIATES ON BEHALF OF BLEAUX BARNES
AND SAM MATHIAS.
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-6, Low 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 20th day of August, 2002.
APPROVED: o
M
:t7z
oBy. `D �DAN COODY, y r
tai • 'k �; 4t \'�\\1 U) C` %n C)
A, o
Ln
• - i
AT
By 04
er4�oodruff, City CeK
2Q x2'' 171 391
1p Ord . 4410
EXHIBIT "A"
PART OF THE NW 1/40F THE NW 1/40F SECTION 8 AND PART OF THE SW 1/40F THE
SW 1/40F SECTION 5, ALL IN T16N, R30W IN WASHINGTON COUNTY, ARKANSAS
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT
THE SW CORNER OF SAID NW 1/4 NW I/4 THENCE N00005124"W 330.00 FEET, THENCE
N89059'09"E 35.00 FEET TO THE P.O.B., THENCE N00005'24"W 327.97 FEET, THENCE
N89055102"E 588.66 FEET, THENCE N00001'30"E 659.78 FEET, THENCE N89059'07"E
51 .97 FEET, THENCE N00004'3211W 309.45 FEET, THENCE N87025156"E 476.84 FEET,
THENCE S00003151"W 991 .07 FEET, THENCE S89007'23"E 152.87 FEET, THENCE
S000371911W 325.72 FEET, THENCE 589059109"W 1264.55 FEET TO THE P.O. B.;
CONTAINING 21 .03 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF
WAY OF RECORD.
2Q 3 ? ? ? ? 392
I, Bette Btampa, Circuit Clerk and Ex-offido Reoord�r
kr Wal ing�On C9Unty, Prkansaa, do hereby ceri
that tMe Ine Ument wee filed for record in my o5r:�, as
Indicated hereon and the lama is now duty recorded
with the acknowledgement and cer!",cws there:;n
In Record Sock and Rage as indicated thrreon.
IN *7 NESS WHEREOF, ' have herer:nto s nlV
hand and affixed the seal of said Uua on the oae inai-
cated he
Bett Stamps
Cir Clerk an F -0 .i Reeo•der
by —_..--
NAME OF FILE: Ordinance No. 4410
CROSS REFERENCE:
08/20/02 Ordinance No. 4410
Exhibit "A" (RZN 02- 17.00)(Approximately 21 .03 acres located south of
2 Deane Street, west of Sang Avenue, and east of Porter Avenue,
Fayetteville, Arkansas, as submitted by Dave Jorgensen of Jorgensen &
Associates on behalf of Bleaux Barnes and Sam Mathias)
�j 07/08/02 Planning Division Correspondence
07/08/02 Planning Commission Minutes (pages 26-32)
S 09/13/99 Planning Commission Minutes (pages 3- 12)
b 10/05/99 City Council Minutes (pages 7- 11)
10/19/99 City Council Minutes (pages 3-8)
g 11/02/99 City Council Minutes (page 2)
G� 11/16/99 City Council Minutes (pages 3-4)
�p 07/22/02 Revised Bill of Assurance
08/06/02 Staff Review Form
/ 08/21/02 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City
Clerk
NOTES :
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-17.00 FOR A PARCEL
CONTAINING APPROXIMATELY 21.03 ACRES LOCATED SOUTH OF
DEANE STREET, WEST OF SANG AVENUE, AND EAST OF PORTER
AVENUE, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY DAVE
JORGENSEN O)F JORGENSEN & ASSOCIATES ON BEHALF OF BLEAUX
BARNES AND SAM MATHIAS.
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-6, Low 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 92002.
APPROVED: DRAFT
By:
DAN COODY, Mayor
ATTEST: D^K N��
By:
Heather Woodruff, City Clerk
4p
EXHIBIT "A"
PART OF THE NW '/4 OF THE NW '/< OF SECTION 8 AND PART OF THE SW '/4 OF THE S W
/< OF SECTION 5, ALL IN T16N, R30W IN WASHINGTON COUNTY, ARKANSAS AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SW
CORNER OF SAID NW '/< NW %< THENCEN00°05 '24"W 330.00FEET, THENCE N89°59'09"E
35 .00 FEET TO THE P.O.B., THENCE N00005724"W 327.97 FEET, THENCE N8905510295E
588.66 FEET, THENCE N00001130"E 659.78 FEET, THENCE N89059'0731E 51 .97 FEET,
THENCE N00004'32"W 309.45 FEET, THENCE N87025 ' 56"E 476.84 FEET, THENCE
S00003 '51 "W 991 .07 FEET, THENCE S89007'23"E 152.87 FEET, THENCE S00037' 19"W 325 .72
FEET, THENCE S89059509"W 1264.55 FEET TO THE P.O.B. ; CONTAINING 21 .03 ACRES
MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-17.00 FOR A PARCEL
CONTAINING APPROXIMATELY 21 .03 ACRES LOCATED SOUTH OF
DEANE STREET, WEST OF SANG AVENUE, AND EAST OF PORTER
AVENUE, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY DAVE
JORGENSEN OF JORGENSEN & ASSOCIATES ON BEHALF OF BLEAUX
BARNES AND SAM MATHIAS.
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-6, Low 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 , 2002.
APPROVED:
DRAFT/yrCT
By: K
DAN COODY, Mayor
ATTEST:
By: K
Heather Woodruff, City Clerk
EXHIBIT "A"
PART OF THE NW '/4 OF THE NW /40F SECTION 8 AND PART OF THE SW '/4 OF THE SW
'/4 OF SECTION 5, ALL IN T16N, R30W IN WASHINGTON COUNTY, ARKANSAS AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW
CORNER OF SAID NW '/4 NW '/4 THENCE N000051249'W 330.00 FEET, THENCE N89059'09"E
35 .00 FEET TO THE P.O.B., THENCE N00005724"W 327.97 FEET, THENCE N89055 '02"E
588.66 FEET, THENCE N00001930"E 659.78 FEET, THENCE N8905990759E 51 .97 FEET,
THENCE N00004'3271W 309.45 FEET, THENCE N87025956"E 476.84 FEET, THENCE
S00003151 "W 991 .07 FEET, THENCE S89007'23"E 152.87 FEET, THENCE S00037' 19"W 325.72
FEET, THENCE S89059' 09"W 1264.55 FEET TO THE P.O.B.; CONTAINING 21 .03 ACRES
MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD.
so
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
DATE: July 8, 2002
RZN 02-17.00: Rezoning (Mathias/Barnes, pp 364/403) was submitted by Dave Jorgensen of
Jorgensen & Associates on behalf of Sam Mathias and Bleaux Barnes for property located south
of Deane Street, west of Sang Ave and east of Porter Avenue. The property is zoned R- 1 , Low
Density Residential and contains approximately 21 .03 acres. The request is to rezone to RMF-6,
Low Density Multi-Family 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: July 8, 2002
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: August 6, 2002
Comments:
H:1 USERSICOMMOMREPORTYiPCREPOR7SIOO2 jutylmathias_nnO2-/7dm
N M
BACKGROUND:
The subject property is located north of Wedington Drive and south of Deane Street, east of the I-
540 bypass in a residential area which consists of many different housing types and densities.
The University of Arkansas' Experimental Farm is located north of the property.
The applicant has requested to rezone this 21 .03 acre tract from R- 1 , Low Density Residential to
RMF-6, Low Density Multi-family Residential. The requested zoning designation would permit
the development of townhomes (attached dwellings that may be sold individually) as well as
duplexes and other attached units.
The property has potential to provide access to three main traffic routes in the area (Deane Street,
Porter Rd. and Sang Ave.).
The applicant has offered a bill of assurance with this request which addresses the configuration
of various structures within the development as well as screening and greenspace provisions.
This bill of assurance has been discussed with the Asbell Neighborhood Association. The
applicant has had several conversations with representatives from that organization during the
process of compiling materials for this rezoning request.
In 1999, a portion of this property (11 .64 acres which did not adjoin Sang Ave. or Porter Rd.)
was the subject of a rezoning request. The applicant at that time sought to rezone the property to
R-2, Medium Density Residential and to develop an apartment complex. Staff did recommend
approval of the request and the Planning Commission voted 5-2-0 to recommend the request to
the City Council. The neighborhood was very concerned about traffic and drainage issues
relating to the proposal. The City Council did not approve the rezoning. Minutes from Planning
Commission and City Council meetings regarding the 1999 request are included with this report.
SURROUNDING LAND USE AND ZONING
North: U of A Experimental Farm, outside city
South: Residential, R- 1
East: Residential, R- 1
West: Residential, R- I & R-2
INFRASTRUCTURE:
Streets: This project is between Porter Rd. (classified a collector on the Master Street
Plan) and Sang Street (a local street) on the south. The property also extends to
the north and adjoins Deane Street (classified a minor arterial on the Master Street
Plan).
H:I USERSICOMMOMREPORMPCREPOM 2001Vu1y1mathias_nn01.17doc
Water: 8" line along Sang Ave.
12" line along Deane St.
Sewer: Available on Sang Ave., Porter Rd. and to the north of the subject property
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to RMF-6, Low 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. This rezoning
specifically addresses the guiding policies within the General Plan regarding
Residential Areas. This section states in part "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 zoning is needed in order for the property to be developed as proposed
by the applicant. The property is currently zoned R-1 and may be developed
with single family lots meeting the bulk and area requirements set forth in
the Unified Development Ordinance for that zoning district.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: . The proposed zoning will not appreciably increase traffic danger and
congestion. Initial proposals by the applicant indicate street connections to
Porter Rd., Sang Ave. and Deane Street. Having multiple access points will
encourage the disbursement of traffic within the development.
Development of the property under current R-1 zoning would generate
approximately 805 vehicle trips per day (vpd) according to Institute of
Traffic Engineer's (ITE) software.
Under the applicant's proposal with RMF-6 zoning, the project would
generate approximately 738 vpd.
H:I USERSICOMMOMREPOR7SIPCREPORTS2002 1ju1y1ma1hias_rzn02-/7d"
The average rates applied to these different types of development do not vary
widely and in fact they indicate that the proposed zoning would result in a
decrease in traffic from a project developed at the maximum density
permitted under the current R-1 zoning designation.
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 zoning will not alter population density greatly and will not
undesirably increase the load on public services.
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.I USERSICOMMOMREPORntPCREPOR7S2002V ulylmathias_rzn01-l7doc