Loading...
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 _ 0 Cn N t rn � L Q < T� APPROVED : cnm ; o -r c C a By: DAN COODY, Mayor = -c- ;o r cn C, oe By: 1 . Bather Woodruff, City Clerk ir 20011 71 39 Ord . 4411 EXHIBIT "A" I 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