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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