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HomeMy WebLinkAboutOrdinance 4424 ORDINANCE NO. 4424 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 02-23 .00 FOR A PARCEL CONTAINING APPROXIMATELY 19.39 ACRES LOCATED NORTH OF OLD FARMINGTON ROAD AND EAST OF FUTRALL DRIVE, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY JERRY KELSO OF CRAFTON, TULL & ASSOCIATES ON BEHALF OF LINDSEY MANAGEMENT COMPANY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY O FAYETTEVILLE, ARKANSAS : Section 1 . That the zone classification of the following described property is hereby changed as follows: From C-2, Thoroughfare Commercial to RMF- 18, Medium 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 15`h day of October, 2002. 't LAPPROVED: y: = o �5 DA COODY, Mayor C/) c I -n � o co � ATTEST: Z = m II0 3 m C) By: Bather Voocfruff, City CIM , 20 -1 ^. 1714 . 0 . ord . 4424 EXHIBIT "A" RZN 02-23.00 PART OF THE SE '/4 OF THE SE 1 /4 AND PART OF THE S '/2 OF THE S '/2 OF THE NE'/4 OF THE SE'/4 OF SECTION 18, T- 16-N, R-30-W, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS N0°44' 129V 648.61 FEET FROM A FOUND IRON PIN AT THE SE CORNER OF SAID SE '/4 OF SECTION 18, T- 16-N, R-30-W; THENCE S89°22'06"W 624.58 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF HIGHWAY 71 BYPASS (NOW INTERSTATE 540); THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING COURSES : N23°49' 56"W 285 .84 FEET; THENCE N27°50'55"W 502.71 FEET; THENCE N31016155" W 337.35 FEET TO A CONCRETE MONUMENT; THENCE LEAVING SAID RIGHT OF WAY LINE N89022106"E 1107.26 FEET; THENCE SO°44' 12"E 659.47 FEET; THENCE N89019714"E 30.00 FEET; THENCE SO°44' 12"E 340.56 FEET TO THE POINT OF BEGINNING, CONTAINING 19.393 ACRES, MORE OR LESS, BEING SUBJECT OF ANY AND ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR OF FACT. 20 ,0 ^ 171409 • i I, Bette Stamps, Circuit Clerk and Ex-offido Recorder for Washington County, Fvkansas, do hereby certify li that this Instrument was filed for record In my office as indicated hereon and the same is now duly reorded with the acknowledgement and eenlficate 11107wn In Record Bock antl Page a$ Inde aced :hweon. IN WITNESS WNKPCOF, ! Pave n.waunto set my hand and affiked the seal of said Can on the date ndi- cated hereon. Bette Stamps Circuit Clerk and off io der by _� NAME OF FILE: Ordinance No. 4424 CROSS REFERENCE: Item # Date Document 1 10/15/02 10rdinance 4424 2 08/19/02 Staff review form 3 10/23/02 Letter from Heather Woodruff to Tim Conklin NOTES : 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 i Name Division Department ACTION REQUESTED : To approve an ordinance for RZN 02 - 23 . 00 as submitted by Jerry Kelso of Crafton , Tull & Associates on behalf of Lindsey Management Co . for property located north of Old Farmington Road and east of Futrall . The property is zoned C- 2 , Thoroughfare Commercial and contains approximately 19 . 39 acres . The request is to rezone to RMF- 18 , Medium Density Multi - Family 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 : Ac u ti anager ate ADA Coordinator Date Coriney Date Internal Auditor Date Purchasing Officer Date STAFF REcommENDATION : 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 . 9,-/(, - Cross Reference 'Di 10 d teU U . 0 ep e4 irector Date a e New Item : Yes No � .02 Ao tra iveServices Date Prev Ord/Res# : rr *te ^� or Orig Contract Date : 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 02-23.00: Rezoning (Lindsey, pp 519) was submitted by Jerry Kelso of Crafton, Tull & Associates on behalf of Lindsey Management Co. for property located north of Old Farmington Road and east of Futrall Road. The property is zoned C-2, Thoroughfare Commercial and contains approximately 19.39 acres. The request is to rezone to RMF- 18, Medium Density Multi-Family Residential. BACKGROUND: The subject property is located along the I-540 corridor just north of the Hwy 62 interchange. It is on the east side of the bypass which is largely undeveloped between Hwy 16 and Hwy 62. In 1994 the property was rezoned from R- 1 and R-O to the current designation of C-2. At that time, a development proposal for a National Home Center was processed and approved by the Planning Commission. That project was not built in this location and the property remains vacant. The applicant is seeking an RMF- 18 zoning designation which would allow the development of apartments on this site at a density of 18 units per acre. This would permit approximately 349 units on the 19.39 acre property. In the written proposal for the project, the applicant states that the plan is to develop 312 apartment units (approx. 16 units per acre). The rezoning of this property for residential purposes is consistent with several actions taken by both the Planning Commission and City Council within the past few years. There have been numerous properties lying adjacent to the 1-540 corridor which have been zoned for multi-family residential development, several have been downzoned from commercial districts for this purpose. Some of these developments include: Shiloh West Apartments, Cornerstone Apartments, Chamberland Square Apartments, and Fair Park Apartments. Within Fayetteville, large tracts (approx. 20 acres) of land zoned for multi-family residential development are not generally available and rezonings for this use are common. General Plan 2020 designates this site Regional Commercial. Rezoning this property to RMF- 18, Medium Density Multi-Family Residential is consistent with surrounding land uses in the area. CURRENTSTATUS 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. ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 02-23.00 FOR A PARCEL CONTAINING APPROXIMATELY 19.39 ACRES LOCATED NORTH OF OLD FARMINGTON ROAD AND EAST OF FUTRALL DRIVE, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY JERRY KELSO OF . CRAFTON, TULL & ASSOCIATES ON BEHALF OF LINDSEY MANAGEMENT COMPANY. 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 C-2, Thoroughfare Commercial to RMF-18, Medium 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 12002, APPROVED: By: OR DAN COODY, Mayor ATTEST: 1 By: Heather Woodruff, City Clerk EXHIBIT `°A" RZN 02-23,00 PART OF THE SE '/4 OF THE SE 1 /4 AND PART OF THE S %Z OF THE S '/z OF THE NEV40F THE SE'/4 OF SECTION 18, T- 16-N, R-30-W, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A POINT THAT IS N0°44' 12"W 648.61 FEET FROM A FOUND IRON PIN AT THE SE CORNER OF SAID SE '/4 OF SECTION 18, T- 16-N, R-30-W; THENCE S89°22'06"W 624.58 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF HIGHWAY 71 BYPASS (NOW INTERSTATE 540); THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING COURSES : N23°49' 56"W 285.84 FEET; THENCE N27°50' 55"W 502.71 FEET; THENCE N31016' 55" W 337.35 FEET TO A CONCRETE MONUMENT; THENCE LEAVING SAID RIGHT OF WAY LINE N89022'06"E 1107.26 FEET; THENCE SO°44' 12"E 659.47 FEET; THENCE N89019' 14"E 30.00 FEET; THENCE S0°44' 12"E 340.56 FEET TO THE POINT OF BEGINNING, CONTAINING 19.393 ACRES, MORE OR LESS, BEING SUBJECT OF ANY AND ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR OF FACT. Planning Commission • • August 12, 2002 Page 38 RZN 02-23.00: Rezoning (Lindsey, pp 519) was submitted by Jerry Kelso of Crafton, Tull & Associates on behalf of Lindsey Management Co. for property located north of Old Farmington Road and east of Futrall Road. The property is zoned C-2, Thoroughfare Commercial and contains approximately 19.39 acres. The request is to rezone to RMF- 18, Medium Density Multi-Family Residential. Hoffinan: Fourth on our agenda is RZN 02-23 .00, which is a rezoning for Lindsey Development, which was submitted by Jerry Kelso of Crafton and Tull on behalf of Lindsey Management Company for property located north of Old Farmington Road and east of Futrall Road. The property is zoned C-2, Thoroughfare Commercial and contains approximately 19.39 acres. The request is to rezone to RMF- 18, Medium Density Multi-Family Residential. Staff recommends approval of the requested rezoning based on the findings included as a part of this report. Tim, would you like to give us a short report before we hear from the applicant? Conklin: This is a rezoning request for 19.39 acres. The property is currently zoned C-2. They are asking for RMF- 18, which allows for multi-family residential units, apartments. This property was the site of what the City Planning Commission did review and look at, which was the National Home Center large scale development. That was never built on this site. This property does adjoin apartments back to the east and the applicant is proposing to downzone it from C- 2, Thoroughfare Commercial to RMF-18, in order to develop additional apartment complexes on this piece of property. That is all I have. Hoffman: Thanks Tim. Is the applicant present and would you like to make a presentation? Lindsey: Thank you madam Chairman. We several years ago bought this property from the National Home Center and it was zoned Commercial and we knew that. At the time the frontage road was two ways and now the frontage road is one way and it is very difficult to deal with the concept of commercial there. We propose to do a project that will have a substantial lake that will be close to the bypass side and it will have fountains and we think it will be a very nice view of what we build here. In real simple language,, when we went out there I thought who would be negative to this? It is a total downzone and I really feel that I need to apologize to people that I have considered friends for a long time and that is the Barnes, Howard and Barbara. In that sense, they are on my immediate north there, and I did not perceive their thoughts that they would like their property maybe to be commercial and I am sure they will speak to that. My thought process is real simple. It is a down zoning. We still have access to Old Farmington Road for the entrance into ours to get back toward Hwy. 62 the way it is left but as far as the bypass is concerned it is a difficult commercial turn. When a road goes one way, in my opinion for whatever it is worth, I think they basically destroyed the potential for commercial in any direction off of the immediate intersection. There might be some type commercial that could go there in the future. We wanted to use the land and therefore, we felt like that this was a fair and good way of doing Planning Commission • • August 12, 2002 Page 39 this, that this was a downzone would be in keeping with what would be acceptable to the city and we appreciate the Planning office interpretation of that and we look forward to being able to use the property for that purpose. Thank you all very much. Hoffman: Thank you. Is there any member of the audience that would like to address us on this rezoning? Please come forward and tell us who you are. Schaper: I am Len Schaper, 1940 Pratt Drive. I have a philosophical and long range issue with the proposed rezoning because right now on the 2020 land use plan this area is designated part of regional commercial. It is a major commercial node that it is indicated on the land use plan at the intersection of 6`s Street and the bypass. Is it a major commercial node right now? No. It is a minor commercial node perhaps but we have not seen yet the impact of the construction of I-540 on southern Washington County south of Fayetteville. In other words, the land south of Fayetteville has not had time to develop since the completion of that roadway. It will certainly develop because now it is a lot more accessible to Fayetteville than it was in the past. The positioning of a major commercial node here at this intersection, which is one of the few intersections where you could have a major commercial node, is very important for the economic health of Fayetteville in the future. From my time on the City Council, and certainly you all know, that the city lives by the sales tax. You also know that in the last few years the demands on city services are going up and the sales tax revenue is not keeping up with the demands on city services so we have had to go into reserves in the city to make ends meat on the budget. We need our commercial areas in order to fund the city services that are expected by the citizens of Fayetteville. We will need them more in the future. The fact that this land is not developed now and it may be a bit inconvenient to develop doesn't deny the fact that the folks who live south of Fayetteville, just as we relied on folks from all over Northwest Arkansas in the past to come to Fayetteville to shop, we are hoping that in the future that development will occur south of us along that bypass, those folks will still come to Fayetteville to shop. If they do, this is the first lace they are going to come to is this major regional area at this intersection of 6 Street and the bypass. When we think longterm about the economic health of our city, I am worried that if we let this area become residential that this is a drain on our resources instead of an addition to our resources. You know land at commercial nodes like that is like waterfront property. There is only so much of it. We are not going to get another interstate highway through the city of Fayetteville. The land that is along it, the land that is very accessible to it is a precious resource that we have to guard and just turning it over because of a short term concern that it may not be as convenient to develop as other land, in the long term may be a very serious problem for us given the long term economics and how we support our city. We know that residential does not pay for itself in terms of city services. The cost of those services is born by the commercial because of our reliance on sales tax and I think we need to keep all of our opportunities open to maximize our sales tax Planning Commission • • August 12, 2002 Page 40 revenue. It is being taken away because we are seeing increasing commercial development in Benton County north of us, look at the building permits. We have to keep our options open here and I am not saying we'll develop in the next five years, it may be ten, it may be fifteen, it may be twenty, but that is what long term land use and regional planning is about. Please don't foreclose our options to keep our economy healthy by turning this over to a residential development when we will need that commercial in the long term. Thank you. Hoffman: Thank you Mr. Schaper. Is there anybody else that would like to address us on this rezoning? Archer: Julian Archer 2115 Markham Road in Fayetteville. I would like to give you somewhat of an expanded view of the question. What you are asked to do here is to rezone a certain section. If you do rezone it to this multi-family usage that is before you, you have then created a terrible dilemma for the property owned by Mr. And Mrs. Barnes just to the north of it. Some 9.4 acres, I believe that Mr. Barrmes has provided you with a map showing that. I happen to own the property just to the north of Mr. And Mrs. Barnes, a 20 acre tract. The Barnes also own a land locked triangle along Futrall. If this should be rezoned the property just to the north is R- 1 but it doesn't really make it feasible for this to be R- 1 and so you are going to have coming before you in the coming years, maybe not while you are Commissioners but the city of Fayetteville will having come before it the question of what to do with this property. It certainly will .not be handled as R- 1 , it will undoubtedly be some kind of multi-family project. Then the pressure will be on us as to how the property should be handled and whether to keep it R- 1 . We have no R- 1 plans there at all. We certainly would like to just see it as woods although we know it would certainly be unattractive to have an apartment complex there. What I would like to call upon the Planning Commission to do is to table this motion today, ask the city staff to come back with a full fledged plan. Mr. Lindsey has very appropriately pointed out the traffic problems there, and they are very real. No one, if you add these 300 plus units in there and then on the Barnes' property to the north there could be another 150 to 180 units in there if that is rezoned sometime in the future, which undoubtedly it will be. There is no street plan that is before you. You as the Planning Commission need to see how all of that traffic is going to be handled, how that residential traffic is going to be handled, how that commercial traffic is going to be handled. You might be wondering, and I want to bring this before you, have I been approached about this for sale. Yes I have. This is another factor for consideration. You do have, as Mr. Schaper pointed out some of the prime commercial real estate in Fayetteville. The fact that it has not sold in the last four years certainly is very, very difficult for Mr. Lindsey but who would have predicted that that drive-in on the road to Farmington would've become a Wal-Mart Supercenter, that that property would've gone through that evolution. I think all of you have lived in Fayetteville long enough to see that areas that you never thought would develop the way they did have indeed developed and developed with amazing rapidity so I think it Planning Commission • • August 12, 2002 Page 41 would behoove you and the City of Fayetteville to ask for a full scale plan for traffic. Also, you keep repeating, not you as the members, but the Planning staff repeats that there is very land left for this type. I think that what would be ideal in this situation would be to see some kind of commercial in here followed by residential. This is going to be the first view of Fayetteville for many people and if other land sales should take place, maybe you should consider not simply rezoning this area but rezoning at the same time areas to the north to have a comprehensive plan for this. If there is enough land, say 40 acres, and Mr. Lindsey and I have talked about this, that you may even have one of the golf course developments as opposed to the standard apartment development with the golf course ringing this area. That would make certainly a much more attractive site for people coming to Fayetteville for the first . time than simply just apartments. Those are some of the concerns that I have as a nearby property owner. Thank you. I would also like to say on behalf of Mr. Lindsey that certainly his apartments are very, very well maintained, well managed units that you don't have some of the rundown appearances that other apartment units have and we know that this is an opportunity to create both a superb commercial area and perhaps a good multi-family area in this gateway to the city of Fayetteville. Thank you. Hoffman: Thank you Mr. Archer. Is there any other member of the audience that would like to address us on this rezoning tonight? Seeing no one I will go ahead and bring it back to the applicant and to the Commission for further discussion. Lindsey: Thank you. One of the things that I would want to point out that we are not rezoning this whole tract. You have Sines body shop, you have the bank on that corner south and then north there we are keeping six acres of this and then we are moving to the R-2. It is consistent with the general planning of zoning commercial at the intersections and moving away and zoning R-2 as you go up the street. Again, I point out 'that it is a one way street. If you go on further north the land starts getting very steep and difficult to build on. I just see it as being a use for this land mainly because of the one way road and that is not going to change. They had a little meeting and a hearing and all of the sudden they just said that is the way it is going to be. Well, nobody got to vote on it, nobody even had a chance to talk about it. People from the city were there and weren't for it as I understood it. The Highway Department just said that is the way it is going to be. We know that's not fair, we know it restricts the commercial use and from my point I am leaving approximately six acres on the comer and then we will buffer it to residential and go on with the land use plan, which I think includes R- 1 past our land. That is the point I would make. Thank you all. Hoffman: Thank you.