HomeMy WebLinkAboutOrdinance 4417 ORDINANCE NO: 4417
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 02-25 .00 FOR A PARCEL CONTAINING
APPROXIMATELY 4.22 ACRES LOCATED AT 1033 HUNTSVILLE
ROAD, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY ERIN
RUSHING ON BEHALF OF SAGE HOUSE
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 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 17`h day of September, 2002 .
APPROVED:
By:�
DAN COODY, Mayor
S Co 4 o C
e �0oodruff. City Clerk Dc °D
a
rn
0
Y c 0
RZN 02-25.00 a •
Ord . 4417
EXHIBIT "A"
RZN 02-25.00
A PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER
(NE ''/a) OF SECTION TWENTY-TWO (22), TOWNSHIP SIXTEEN ( 16) NORTH,
RANGE THIRTY (30) WEST OF THE 5" PRINCIPAL MERIDIAN, BEING MORE
PARTICULARLY DESCRIBED HEREWITH AS FOLLOWS : BEGINNING AT A POINT
SOUTH 02047' 3799EAST 44.29 FEET FROM THE NORTHWEST CORNER OF THE
NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 114) OF SAID
SECTION 22, SAID POINT BEING ON THE WEST LINE OF THE NE %< OF THE NE '/<
OF SAID SECTION 22 AND ON THE SOUTH RIGHT OF WAY LINE OF HUNTSVILLE
ROAD; RUNNING THENCE ALONG SAID SOUTH RIGHT OF WAY LINE SOUTH
8705012199EAST 155.34 FEET; THENCE LEAVING SAID SOUTH RIGHT OF WAY
LINE OF HUNTSVILLE ROAD SOUTH 01028 ' 11 " EAST 258 .35 FEET; THENCE
SOUTH 87028 ' 11 "EAST 60.00 FEET; THENCE SOUTH 01 028 ' 11 "EAST 65 .00 FEET;
THENCE SOUTH 09°49' 11 " EAST 225 .00 FEET; THENCE SOUTH 82°40 ' 11 " EAST
100.00 FEET; THENCE SOUTH 85° 16' 19" EAST 43 .03 FEET; THENCE SOUTH
87028111 " EAST 79.67 FEET; THENCE SOUTH 02°48 '08" WEST 125 .00 FEET;
THENCE NORTH 87050121 " WEST 510.83 FEET TO THE WEST LINE OF THE
NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 22 ; THENCE WITH SAID WEST
LINE NORTH 02047' 37" EAST 679.67 FEET; MORE OR LESS, TO THE POINT OF
BEGINNING, CONTAINING 4.22 ACRES, MORE OR LESS, SUBJECT TO RIGHTS OF
WAY AND EASEMENTS OF RECORD AND SUBJECT TO A PUBLIC ACCESS
EASEMENT, SAID EASEMENT BEING 60 FEET IN EQUAL AND UNIFORM WIDTH,
EAST OF AND ADJACENT TO THE WEST LINE OF THE PROPERTY DESCRIBED
HEREINABOVE.
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6 9"0 Stag�tmps, Clroult Clark and Ex-officio Recorder
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hand end othe aeai of 8111d Court on the date indi-
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Bette Stamps
Circuit Clerk and Eax ci der
by
NAME OF FILE: Ordinance No. 4417
CROSS REFERENCE:
Item # Date Document
1 09/17/02 lordinance4417
2 08/19/02 Staff review form
3 09/20/02 Letter from Heather Woodruff to Tim Conklin
NOTES:
ORDINANCE NO,
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-25.00 FOR A PARCEL
CONTAINING APPROXIMATELY 4.22 ACRES LOCATED AT 1033
HUNTSVILLE ROAD, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY
ERIN RUSHING ON BEHALF OF SAGE HOUSE.
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 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:
By:
DAN COODY, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
RZN 02-25.00 •
EXHIBIT "A"
RZN 02-25.00
A PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER
(NE '/4) OF SECTION TWENTY-TWO (22), TOWNSHIP SIXTEEN ( 16) NORTH,
RANGE THIRTY (30) WEST OF THE 5'" PRINCIPAL MERIDIAN, BEING MORE
PARTICULARLY DESCRIBED HEREWITH AS FOLLOWS : BEGINNING AT A
POINT SOUTH 02047' 37"EAST 44.29 FEET FROM THE NORTHWEST CORNER OF
THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE '/a) OF
SAID SECTION 22, SAID POINT BEING ON THE WEST LINE OF THE NE '/< OF THE
NE '/< OF -SAID SECTION 22 AND ON THE SOUTH RIGHT OF WAY LINE OF
HUNTSVILLE ROAD; RUNNING THENCE ALONG SAID SOUTH RIGHT OF WAY
LINE SOUTH 87°50'21 "EAST 155.34 FEET; THENCE LEAVING SAID SOUTH RIGHT
OF WAY LINE OF HUNTSVILLE ROAD SOUTH 01 °28' 11 " EAST 258 .35 FEET;
THENCE SOUTH 87028 ' 1 I "EAST 60.00 FEET; THENCE SOUTH 01 °28' 1 I "EAST 65 .00
FEET; THENCE SOUTH 09'49' 11 " EAST 225.00 FEET; THENCE SOUTH 82040' 11 "
EAST 100.00 FEET; THENCE SOUTH 85016' 19" EAST 43 .03 FEET; THENCE SOUTH
87028 ' 11 " EAST 79.67 FEET; THENCE SOUTH 02048'08" WEST 125.00 FEET;
THENCE NORTH 87050'21 " WEST 510.83 FEET TO THE WEST LINE OF THE
NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 22; THENCE WITH SAID WEST
LINE NORTH 02047'37" EAST 679.67 FEET; MORE OR LESS, TO THE POINT OF
BEGINNING, CONTAINING 4.22 ACRES, MORE OR LESS, SUBJECT TO RIGHTS OF
WAY AND EASEMENTS OF RECORD AND SUBJECT TO A PUBLIC ACCESS
EASEMENT, SAID EASEMENT BEING 60 FEET IN EQUAL AND UNIFORM WIDTH,
EAST OF AND ADJACENT TO THE WEST LINE OF THE PROPERTY DESCRIBED
HEREINABOVE.
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of September 3 , 2002 .
FROM :
Tim Conklin Planning Urban Development
Name Division Department
ACTION REQUESTED : To approve an ordinance for RZN 02 - 25 . 00 as
submitted by Erin Rushing on behalf of Sage House , Inc . for
property owned by the City of Fayetteville and located at 1033
Huntsville Road . The property is zoned R- 1 , Low Density
Residential and contains approximately 4 . 22 acres . The request is
to rezone to RMF- 12 , Moderate Density Residential .
COST TO CITY :
$ 0
Cost of this request Category/ Project Budget Category/ Project Name
Account Number Funds used to date Program Name
Project Number Remaining balance Fund
BUDGET REVIEW : Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY :
Acu ting Manager Date ADA Coordinator Date
L
Ci � o ney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECCbzffrmATioN : Staff recommended approval and on August 12 , 2002
the Planning Commission voted 8 - 0 - 0 to recommend the rezoning be
approved by the City Council .
Cross Reference
DiIla to
D e t for �b Z New Item : Yes No
Adm ' isi -otrative Services Date Prev Ord/Res# :
Di for
T a e Orig Contract Date :
0 0
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville City Council
FROM: Tim Conklin, AICP, City Planner
THRU: Hugh Earnest, Urban Development Director
DATE: August 22, 2002
RZN 02-25.60: Rezoning (Sage House, pp 564) was submitted by Erin Rushing on behalf of Sage
House, Inc. for property owned by the City of Fayetteville and located at 1033 Huntsville Road. The
property is zoned R- 1 , Low Density Residential and contains approximately 4.22 acres. The request is
to rezone to RMF- 12, Moderate Density Residential.
BACKGROUND:
The subject property is located on the south side of Huntsville Rd. east of Morningside Drive and west
of the Cedarpoint Subdivision. The property is owned by the City of Fayetteville and contains
approximately 19.42 acres. This request is to rezone a 4.22 acre portion of the property adjacent to
Huntsville Road for the purpose of establishing short term transitional housing for the community.
Surrounding land uses are primarily single family residences on large tracts. The Cedarpoint
Subdivision to the east is a development of duplex homes. There are some apartments in the general
area as well as some scattered commercial uses along Huntsville Rd.
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. The General Plan 2020 further encourages a mix of different residential uses in
order to better reflect traditional neighborhood development patterns.
CURRENT STATUS
On August 12, 2002, the Planning Commission voted 8-0-0 to recommend the requested rezoning be
approved by the City Council.
RECOMMENDATION
Approval by City Council.
H. IUSERSICOMMOMPLANNINGIREPORTSICCREPORTS 2002ISAGEHOUSEDOC
Planning Commission • •
August 12, 2002
Page 50
RZN 02-25.00: Rezoning (Sage House, pp 564) was submitted. by Erin Rushing on behalf of
Sage House, Inc. for property owned by the City of Fayetteville and located at 1033 Huntsville
Road. The property is zoned R- 1 , Low Density Residential and contains approximately 4.22
acres. The request is to rezone to RMF- 12, Moderate Density Residential.
Hoffman: Item 'six on our agenda tonight is RZN 02-25.00, for Sage House. It was
submitted by Erin Rushing on behalf of Sage House, Inc. for property owned by
the City of Fayetteville and located at 1033 Huntsville Road. The property is
zoned R-1 , Low Density Residential and contains approximately 4.22 acres. The
request is to rezone to RMF-12, Moderate Density Residential. Tim, can you give
us an update on this one please?
Conklin: Yes. This is a rezoning request from RMF- 12 from R- 1 . The Sage House is a
non-profit organization for short term transitional housing. This is located off of
Huntsville Road on the south side. It originally was planned for up on Deane
Solomon Road on part of the land that we purchased for the Wilson Springs
Business Park. However, now this has been relocated down to this location. The
rezoning is required because it is an apartment type residential use.
Hoffman: Thanks Tim. Is the applicant here and would you like to give us a presentation
please?
Weatherton: Lance Weatherton with Miller, Boscus, Lack Architects. We are prepared to
make a presentation but at this point we are at schematic design. Basically since
we have been accepted at the site we would just like to answer any questions that
you have for a rezoning at this point.
Hoffman: That will be fine. Is there any member of the public that would address us on this
rezoning? Seeing none, I will go ahead and bring it back to the Planning
Commission and to the applicant for further discussions or motions.
Estes: I would recommend that we approve and forward to the full City Council with a
recommendation of do pass RZN 02-25 .00.
Hoffman: I have a motion for approval by Commissioner Estes, do I have a second?
Allen: I second.
Hoffman: I have a second by Commissioner Allen. Is there any further discussion?
Bunch: Yes. I realize that this is just a rezoning but I would like to weigh in at this time
on a previous issue that we had in this neighborhood where there were questions
concerning the availability of parks as we were allowing some residential
subdivisions to grow and the Parks Board had recommended taking money in lieu
of land dedication. This particular area was discussed at that time as a good
Planning Commission • •
August 12, 2002
Page 51
potential site for some parks to service the area that is bounded by Happy Hollow
Road, 15a' Street, and Huntsville Road. I just wanted to make a comment at this
time that it would be good when we see this come through as an LSD to consider
whether or not the 4.22 acres is sufficient because there will be a land dedication
or money in lieu of land dedication at that time for the Parks Department and this
would be a very good opportunity to address the situation where we are sufficient
in parks in this area.
Weatherton: I would like to address that. With the schematic design phase the way we have
the building situated if you are familiar with this site it is a pie shaped site and
with the nature of Sage House being a transitional living facility, security is a big
issue. We have located the building approximately 400' off Huntsville Road
leaving that remaining land available for possible park area and that is our focus
at this point with the schematic design for Sage House. We also are working on a
design for 16 units expandable up to 32. Even with the expansion we will not be
encroaching into the 400' setback from Huntsville Road. We will be moving
from the current position of the building to the east so we have taken into
consideration. A lot is dictated because of the contour of the land and the nature
of the facility to leave the remaining part of the land from our facility to
Huntsville for park area. We will take that advisement into consideration.
Hoffman: Thank you very much. Is there any further discussion? Renee, would you call the
roll please?
Roll Call: Upon completion of roll call the motion to forward RZN 02-25.00 was approved
by a vote of 8-0-0.
Hoffman: Thank you the motion carries unanimously.
0 •
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: August 12, 2002
RZN 02-25.00: Rezoning (Sage House, pp 564) was submitted by Erin Rushing on behalf of
Sage House, Inc. for property owned by the City of Fayetteville and located at 1033 Huntsville
Road. The property is zoned R- 1 , Low Density Residential and contains approximately 4.22
acres. The request is to rezone to RMF- 12, Moderate Density 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: August 12, 2002
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: September 3, 2002
Comments-
H:IUSERSICOMMONIPL4NNINGIREPOR7SIPCREPOR7S2001UUGUYMAGEHOUSE RZN01-15DOC
BACKGROUND:
The subject property is located on the south side of Huntsville Rd. east of Morningside Drive and
west of the Cedarpoint Subdivision. The property is owned by the City of Fayetteville and ,
contains approximately 19.42 acres. This request is to rezone a 4.22 acre portion of the property
adjacent to Huntsville Road for the purpose of establishing short term transitional housing for the
community.
Surrounding land uses are primarily single family residences on large tracts. The Cedarpoint
Subdivision to the east is a development of duplex homes. There are some apartments in the
general area as well as some scattered commercial uses along Huntsville Rd.
SURROUNDING LAND USE AND ZONING
North: Single family homes, R- 1
South: Vacant, R- I
East: Single family homes, R- 1
West: Vacant, R- 1
INFRASTRUCTURE:
The subject property is located on the south side of Huntsville Rd. (Hwy 16E). This is the only
access to the site. Huntsville Rd. is classified as a principal arterial on the City's adopted Master
Street Plan and is a part of the state highway system which is managed by AHTD.
Utilities are available in the vicinity of this property. There is an 8" water line located along the
north side of Huntsville Rd. and an 8" sanitary sewer line located approximately 300' from the
proposed rezoning. Extension of sewer facilities and other on and off-site improvements made
necessary by a proposed development will need to be reviewed at the time that a project is
presented for Planning Commission consideration.
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.
H:IUSERSICOMMOMPLANN/NGIREPORTSIPCREPORTS20011AUGUS7LSAGEHOUSE RZN01-15DOC