HomeMy WebLinkAboutOrdinance 4411 r
ORDINANCE NO. 4411
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02- 15 .00 FOR A PARCEL
CONTAINING APPROXIMATELY 57.82 ACRES LOCATED
NORTH OF PERSIMMON STREET AND WEST OF 46TH
STREET, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY
DAVE JORGENSEN OF JORGENSEN & ASSOCIATES ON
BEHALF OF THE PROPERTY OWNERS.
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- 1 , Low 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 subject to a Bill of Assurance
as offered by the applicant.
PASSED and APPROVED this 3 d day of September. N _
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APPROVED : cnm ; o
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By:
DAN COODY, Mayor = -c-
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By: 1 .
Bather Woodruff, City Clerk ir
20011 71 39
Ord . 4411
EXHIBIT "A"
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PART OF THE SE '/4 OF THE SE '/4 OF SECTION 11 AND PART OF THE S W '/4 OF THE SW '/4
OF SECTION 12, ALL IN T16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE SW
CORNER OF SAID SW 1 /4 , SW '/4 THENCE NO2027 '45"E 35 .00 FEET TO THE P.O.B.,
THENCE NO2027 '4517E 622.88 FEET, THENCE N87°29' 18"W 1322.92 FEET, THENCE
NO2012900"E 660. 10 FEET, THENCE S87031 '5599E 1324.03 FEET, THENCE S87010'4411E
1278.69 FEET, THENCE S02016132"W 1286.49 FEET, THENCE N87004103"W 1280.99 FEET
TO THE P.O.B. ; CONTAINING 57.82 ACRES MORE OR LESS SUBJECT TO EASEMENTS
AND RIGHT OF WAY OF RECORD.
20 71
394
I, Bette Stamps, Circuit Clerk and Ex-officio Recorder
for Washington County, Arkansas, do hereby certify
that this Instrument was filed for record In my office as
indicated hereon and the same Is now duly recorded
with the acknowledgement and certificate thereon
in Record Book and Page as indicated thereon.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed a seal of said Court on the date indi-
cated hereon.
Belt amps
Circuit k a lido Recorder
by
0
NAME OF FILE: Ordinance No. 4411
CROSS REFERENCE:
! 09/03/02 Ordinance No. 4411
Legal Description for RZN02- 15.00 as submitted by Dave Jorgensen on
Z behalf of Larry Garriott for property located north of Persimmon Street
and west of 46' Street.
3 06/12/02 Planning Division Correspondence
06/10/02 Planning Commission Minutes (Pages 22-33)
06/06/02 Planning Division Correspondence
04/21 /02 Planning Commission Minutes (Pages 11 . 12 - 11 . 18a)
7 04/18/02 Planning Commission Minutes (Pages 10- 15)
04/13/02 Planning Commission Minutes (Pages 10- 12)
ry 06/12/02 Letter to Planning Dept. from David L. Jorgensen, P.E., Jorgensen &
d Associates
9 Bill of Assurance from Larry Garriott
10 07/02/02 Staff Review Form
�I 09/06/02 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City
Clerk
NOTES :
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02715.00 FOR A PARCEL
CONTAINING APPROXIMATELY 57.82 ACRES LOCATED NORTH OF
PERSIMMON STREET AND WEST OF 46T" STREET, FAYETTEVILLE,
ARKANSAS, AS SUBMITTED BY DAVE JORGENSEN OF JORGENSEN &
ASSOCIATES ON BEHALF OF THE PROPERTY OWNERS.
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-1 , Low 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 subject to a Bill of Assurance as offered by the applicant.
PASSED AND APPROVED this day of , 2002.
APPROVED:
DRAFT
By:
DAN COODY, Mayor
ATTEST: DRAFT
By:
Heather Woodruff, City Clerk
EXHIBIT "A"
PART OF THE SE '/a OF THE SE '/a OF SECTION 11 AND PART OF THE SW /40F THE SW '/a
OF SECTION 12, ALL IN T16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SW
CORNER OF SAID SW 1 /4 , SW '/4 THENCE NO2027'4511E 35 .00 FEET TO THE P.O.B.,
THENCE NO2027145"E 622.88 FEET, THENCE N87029118"W 1322.92 FEET, THENCE
NO2012100"E 660. 10 FEET, THENCE S87031 ' 5551E 1324.03 FEET, THENCE S87010'44"E
1278.69 FEET, THENCE S0201693213W 1286.49 FEET, THENCE N87004103"W 1280.99 FEET
TO THE P.O.B. ; CONTAINING 57. 82 ACRES MORE OR LESS SUBJECT TO EASEMENTS
AND RIGHT OF WAY OF RECORD.
FAYETTENAtLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
FROM : Shelli Rushing, Associate Planner
THRU: Hugh Earnest, Urban Development Director
Tim Conklin, City Planner
DATE: June 12, 2002
BACKGROUND
RZN 02- 15 .00: Rezoning was submitted by Dave Jorgensen of Jorgensen & Associates on behalf of
Larry Garriott for property owned by John & Louise Sager, Paul & Bernice Guisinger, RD & Kay
Kight, Jean Ann Jones, James Guisinger, and Peggy Jones and located north of Persimmon Street
and west of 46`" Street. The property is zoned A- 1 , Agricultural and contains approximately 57.82
acres. The request is to rezone to R- 1 , Low Density Residential.
The site is located south of Wedington DriveHighway 16) and west of 46th Avenue. Persimmon
Street is the south boundary of the site and 46t Avenue is the east boundary. The applicant proposes
that various stub outs will be provided on both 46`" Avenue and Persimmon Street, both of which
are designated as collector streets on the Master Street Plan.
The site is currently a vacant field with six property owners, all of whom have signed the
application form. Approximately 700 feet of the western portion of the property is in the floodplain
of Owl Creek. There is a heavily wooded area along the north boundary. The site is flat with a few
trees along the western portion.
The site and surrounding area are designated as residential in General Plan 2020. Agricultural and
residential land uses currently exist in the area. There are two residential neighborhoods within 'A
mile of the site: Meadowlands to the east and Fieldstone to the north. A single family residence is
located to the southeast and a bam is directly south. Large acreage single family residences are
located to the west.
A request to rezone this property from A- 1 Agricultural to R- 1 Low Density Residential was
brought before the Planning Commission in April 1998. Residents presented concerns about traffic,
drainage, and lot sizes. The Planning Commission denied the request with a vote of 4-4-0. The
applicants appealed to City Council. City Council denied the appeal on May 5, 1998.
CURRENTSTATUS
The Planning Commission voted 6-2-0 to recommend the City Council approve the rezoning.
RECOMMENDATION
Staff and the Planning Commission recommend approval of RZN 02- 15 .00 : Rezoning (Garriott, pp
437/438).
C:\Documents and Settings\tempuser\Local Settings\Temp\RZN Garriou.doc
Planning Commission • .
June 10, 2002
Page 22
RZN 02-15.00: Rezoning (Garriott, pp 437/438) was submitted by Dave Jorgensen of
Jorgensen & Associates on behalf of Larry Garriott for property owned by John & Louise
Sager, Paul & Bernice Guisinger, RD & Kay Kight, Jean Ann Jones, James Guisinger,
and Peggy Jones and located north of Persimmon Street and west of 46`s Street. The
property is zoned A- 1 , Agricultural and contains approximately 57.82 acres. The request
is to rezone to R- 1 , Low Density Residential.
Hoffman: I had intended at the beginning of the meeting to let you know, and I
didn't, that item 10 which is just an administrative item submitted by the
City of Fayetteville for an alteration to the Master Street Plan has been
withdrawn. Was anybody here that wanted to address the Commission on
this item, item 10? If anybody wants to say something about it they are
welcome to. Seeing nobody, we are going to go ahead then to item 11
which is RZN 02- 15 .00 which was submitted by Dave Jorgensen of
Jorgensen & Associates on behalf of Larry Garriott for property owned by
John and Louise Sager, Paul & Bernice Guisinger, RD & Kay Kight, Jean
Ann Jones, James Guisinger, and Peggy Jones and located north of
Persimmon Street and west of 46h Street. The property is zoned A- 1 ,
Agricultural and contains approximately 57.82 acres. The request is to
rezone to R- 1 , Low Density Residential. Tim, would you like to give us
the benefit of staff' s comments before we take the presentation from the
applicant?
Conklin: Staff is recommending approval. The property is currently zoned A- 1 , the
General Plan 2020 does show this as residential on the land use plan. R- 1
zoning allows.40 units per acre. Single family homes are a use by right. It
does allow conditional uses for duplexes. Back in 1998 the same request
was made to the Planning Commission. The Planning Commission, by a
vote of 4-4-0, failed to approve the rezoning. That was appealed to the
City Council and the City Council denied the appeal on May 5, 1998.
Thank you.
Hoffman: Is the applicant here? Would you like to make a presentation or just
answer questions?
Jorgensen: My name is Dave Jorgensen and I am representing the owner, Larry
Garriott on this project. As you noted, our request is to rezone from A- 1
to R- 1 . When I took this job I didn't think that was too far fetched.
However, as I got into it I found out that back in 1998 the Planning
Commission did tie the vote 4-4 and basically the bottom line was that the
request was turned down. In light of this, we did go out there and make a
true investigation to find out what we're getting into and determine how
many lots we could really put on this property because reading in the
newspaper, and as you well know, we are allowed four lots per acre with
Planning Commission •
June 10, 2002
Page 23
the request of R- 1 , which would put us up there to around 240 lots. The
paper mentioned something like 232 lots, which if I lived out in that area,
that would pretty well blow my mind too. I would say "Good griefl That
is kind of ridiculous!" We did do a layout on the project to find out what
we really could put out there and if you don't mind, I will hand out a real
quick layout, just to let you know, so you' ll have something to look at.
Hoffman: Make sure Renee gets one to put in the record please. Could you explain
this please?
Jorgensen: This property, I 'm sure you've all looked at your packet. It is located at
the northwest comer of Persimmon and 46th Street, just west of 46th, north
of Persimmon, a 'A mile stretch each direction. As you can see, we have
proposed two entrances off of 46th Street and one entrance off of
Persimmon Street. The lot layout in there is kind of a natural one in that
we have got a 40 acre parcel and then we have got a 20 to the west.
Everything drains in a southwesterly direction. In the southwest comer of
that 40 acre parcel we've got a large area that is set aside for a detention
pond and then in the southwest area of the 20 acres that is to the west is
the floodplain and Owl Creek that goes through there. Drainage basically
goes in a west, southwesterly direction so we've got two areas set aside for
detention ponds. You can also notice that there is a maximum amount of
158 lots laid out in this thing. This is all we could get in here. I take that
back, we could put in more if we went with smaller lots. Lot size
dimensions are not on this right here but they range anywhere from 75 ' to
90' wide on the corners, 110' on the corners possibly, by 135 ' deep. This
comes to about 2.6 lots per acre. Naturally that is well under the four lots
per acre that is allowed. This puts us right around .39 acres per lot, which
when you compare that with what we could put in, we could put in smaller
sized lots if we ended up getting it rezoned to R- 1 , which is a stretch.
Being that there is so much opposition to an R- 1 zoning, the owner would
like to offer a Bill of Assurance to help move this thing along. Should it
get approved, we would like to get it approved subject to this Bill of
Assurance. The minimum square footage on the houses is 1 ,800 sq.ft.,
which is what they propose, a two car garage, 80% brick houses, fully
sodded yards, 7 %a pitch on the roof with architectural shingles. We would
have to also agree to a privacy fence along Persimmon Street and 46th
Street. Because of the traffic that I 'm talking about, the type of fence is
something more than your standard board fence, shadow box fence,
whatever you want to call it. I am talking about precast concrete panels
with brick columns or something like that. The one, and probably the
most important item, is the 158 lots maximum. To tell you the truth, we
don't even know if we can get 158 lots because we still have to go through
our drainage calculations to make sure that we can put the detention ponds
Planning Commission •
June 10, 2002
Page 24
in the areas set aside for this. As you can imagine, that is a fairly complex
little process that we have to go through should we get it rezoned. That is
going to be one of the next things we do is determine how large our
detention area is set aside for these detention ponds. Taking that all into
account, we would like to point out that $80 or $85 a foot times 1 ,800
sq.ft., we are talking about $ 170,000 houses on up to $225,000 or
something like that. We believe that it is going to be a nice area. I have
met with Mr. Jowers, being that he does have a lot of the property that
surrounds this to the south and to the east, he wouldn't commit whether he
thought this was a good idea or not, but at least it is getting a little bit
better than what it was before. I also met with Paul Marinoni on this and
he was non-committal on it also. Basically, we feel like we've got a good
plan here. I know that there has been discussion of drainage. Like I said,
all the drainage goes in a west, southwest direction. We do have to limit
our post development flow to nothing more than what the predevelopment
is and that is the reason for the two detention ponds that are set aside for
this right here. If it is approved, we do have to present this layout, as you
all know, to the Parks Department to find out if they would like a park in
this area or if they would like money in lieu for the Youth Center, which is
a strong possibility so we have still got to go through that. Then we will
naturally have to bring the Preliminary Plat through the process as we
normally do. I also noticed that in the traffic study that Persimmon and
46`h Street were designed, I 'm referring to page 4 of the staff report, that
these two are designed as collector streets and will accommodate 4,000 to
6,000 vehicles per day. They further go on to state that this should
adequately accommodate the potential 2,300 trips that a 232 lot
subdivision would generate. Like I said, we are going to have quite a bit
less than that. That, combined with the fact that on the next page, the
Wedington Hwy. 16 is designed for between 17,000 and 20,000 vehicles
per day, it states that the additional traffic will not exceed the design
capacities for this arterial street. I am sure that residents out there would
beg to differ on this and at certain times of the day, there is no doubt in my
mind that that could be somewhat tough getting out there on Wedington. I
would be glad to answer any questions if you all have any. Thank you.
Hoffman: Thank you Dave. At this time I will go ahead and take public comment.
Who in the audience would like to address us on this rezoning? If you
would come forward and say your name and give us the benefit of your
ideas please.
PUBLIC COMMENT:
Adams: My name is Gary Adams and I live at 760 N. 46'h Street. Comment
number one, two years ago we went through this same process and the
Planning Commission • •
June 10, 2002
Page 25
City Council postponed approving it because there was no infrastructure at
that time to support what was being suggested and there has been no
change in that infrastructure. I am just kind of wondering why we're
doing this again without any upgrading in what is out there. Number two,
each morning when I go to work it usually takes me somewhere between
one and five minutes to get on Hwy. 16 as it is now. When you add how
many ever people are going to be coming up that street trying to get on
Hwy. 16 it is going to be almost impossible. Number three, in the last
three weeks there have been three wrecks within a half a mile of that
intersection. It is because people are pulling out onto Hwy. 16, which is a
four lane highway to about 2/10 of a mile until you get to 46th Street it
becomes a two lane highway instead of four lane and people fly through
there, they don't pay attention, and without in my opinion, making it four
lane out to Double Springs, it is going to be a terrific traffic bottleneck
trying to get in and out of there if you make any additional housing
developments out in that area. They have done that over the last five or
ten years and we are just really kind of full of housing divisions out there.
I would appreciate you voting against this proposal. Thank you.
Hoffman: Thank you Mr. Adams. Who else would like to come and talk to us about
this?
Luttrell: I am Oie Luttrell at 4480 Luttrell Lane and to add to maybe what Mr.
Adams has mentioned, and Dave Jorgensen, I think I was blown away
when I read the paper and it said there is no opposition and no one knew
about it and of course I didn't know about it. Such a development as what
was listed in the paper was frightening because of the conditions that have
already been mentioned to you. Certainly I think we realize that the
owners should be allowed to develop this and our concern would be that
the property would be comparable and I think all of you can identify with
that kind of situation. Most of us out there have invested a little bit more
into our property. The smallest house out there that adjoins this is 2,600
sq.fl. of living and heated space plus a double car garage and a good size
lot area there with it. These are maybe a little older. The one I mentioned
was built in 1969, but they are in good repair and there is still a lot of pride
in the neighborhood and we, as a neighborhood just like anyone else, want
to go ahead and preserve what we have. Understanding that there is going
to be development and certainly the traffic is a problem and it will be more
of a problem, and we understand that too I think; but certainly you can see
our desires of the safety and concerns that happen with this. Certainly, it
was heart warming to hear Mr. Jorgensen mention that at least they were
looking back to some larger sized lots because again, that is smaller
numbers of homes and the opportunity to have bigger homes which means
again that maybe you won't have as much rental and other traffic and
Planning Commission • •
June 10, 2002
Page 26
things like that that are generated that way. I wanted to share one quick
situation that I did a few years ago and that was I built that house that I
mentioned, the 2,600 sq.ft. house adjacent to the Guisinger property back
in the spring of 1969. Mr. Guisinger came out and visited with me when I
was a young 28 year old building that house. He was concerned what was
going to happen there, just as we are here today. His concern was that he
owned the property there, the near sixty acres and there was an old house,
the bottom line was he was concerned and I understood that as a young
man and built that house as a pretty good size house and a nice home and
it has withstood the years. I know that he had plans of course that didn't
come through. He had a home on there that he wanted to repair and move
there and maybe retire when it came about and it did not come through for
him. Consequently, the old house even had to be tom down. There are
concerns and that is what we're voicing to you, concerns as neighbors and
concerns that again, this is something that is going on in our neighborhood
and we would ask that you use good judgment and try to remember us as
you would remember yourselves in a situation like that. Thank you so
much.
Hoffman : Thank you Mr. Luttrell. Is there anybody else?
Cash: Good evening, my name is Arlene Cash. I am at 788 N. 46th Avenue. I
have lived there for about one year. I moved to 46th Avenue from the
Hyland Park area looking for a community where there was proven
concern over the safety of children. I came to my home with a five year
old, a nine year old, and a twelve year old. There are several families
within five houses of ours where there are young children and young
families who have moved here for the express purpose of looking at a
community that is of the size and nature that will allow children to cross
the street in relative safety. I say relative because of this. . . we have found
cars going up and down that street at 40 or 50 miles per hour going up to
Hwy. 16. We have seen tremendous increase of traffic. I have only lived
there for a year but there must be some community from where they are
coming to get to Hwy. 16 up past the lot that is being discussed today. So
many cars in fact that this morning I just sat there and counted and I did
wait seven minutes, this morning on a summer morning, to get out onto
Hwy. 16 because the traffic coming through at 8 : 15 this morning. I think
about school busses coming down that way. I think about children
scurrying across the streets, I worry tremendously about the number of
cars that are coming up there, but most importantly when we were looking
for a community to live in, we looked at the reports of 1998 and we saw
the concern this group gave to having the appropriate infrastructure in
place before putting families in homes at that level and that density in that
area and I just never would've thought that those concerns would be