HomeMy WebLinkAboutOrdinance 4425 ORDINANCE NO. 4425
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 02-27.00 FOR A PARCEL CONTAINING
APPROXIMATELY 6. 10 ACRES LOCATED SOUTHEAST OF WEDINGTON
DRIVE AND BROOK LANE, FAYETTEVILLE, ARKANSAS, AS SUBMITTED
BY DAVE JORGENSEN OF JORGENSEN & ASSOCIATES ON BEHALF OF
LENWYN EDENS
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 RMF-6, Low Density Multi-FamilyResidential 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.
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APPROVED: cn N r=r
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By: D — co 0
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DANYCOODYNayor z_- _
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By:
Bather Woodruff, City Wrk
2032171410
• ord . 4425
EXHIBIT "A"
RZN 02-27.00
LOT 1 & 2 MILDRED LEE ESTATES PHASE 1 AS PER PLAT ON FILE IN THE OFFICE OF
THE CIRCUIT CLERK IN WASHINGTON COUNTY, ARKANSAS.
2002171411
forBene Stsmps, Cim_uit Clerk and Ex-oM R order
ashlnp;on County, Pfkaneee, do heraSy ser„ ,
Inds this Inatrumont was fled for r000rd In my office as
Indicated hereon and the same le now duly rr_ice as
ed
iin8ecord the acknowledgement and cortlacate them;,
Book and No as Indicated thereonIN ,
hand and affixed the WHcRSCF, I have her=unto set my
sated hereon, Sea' of seitl Court on the date indi-
Bette Stamp
Circuit Clerk -CM .o
erArder
by
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NAME OF FILE: Ordinance No. 4425
CROSS REFERENCE:
Item # Date Document
1 10/15/02 10rdinance4425
2 09/17/02 Staff Review Form
3 10/22/02 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 October 1 , 2002
FROM :
Tim Conklin Planning Urban Development
Name Division Department
ACTION REQUESTED : TO approve an ordinance for RZN 02 - 27 . 00 as
submitted by Dave Jorgensen of Jorgensen & Associates on behalf of
Lenwyn Edens for property located southeast of Wedington Drive and
Brook Lane . The property is zoned A- 1 , Agricultural and contains
approximately 6 . 10 acres . The request is to rezone to RMF- 6 , Low
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 :
A(cup ting Manager Date ADA Coordinator Date
o ney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval and on September 9 ,
2002 the Planning Commission voted 7 - 0 - 1 to recommend the
rezoning be approved by the City Council .
• 9/3-O,. Cross Reference
Div on e to
6
D
epar ent Director Date New Item : Yes No
Adm ' ist tive Services Date Prev Ord/Res# :
D ' If
Mn'yor ate Orig Contract Date :
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Tim Conklin, A.I.C.P., City Planner
DATE: September 13, 2002
BACKGROUND:
Property Characteristics. The subject property is located south of Wedington Dr., a Principal
Arterial at Brook Dr., a dead-end gravel road. The property is approximately 6. 10 acres with 11
existing one-story duplexes (22 units). The property was constructed approximately 26 years ago
and was annexed into the City as A- 1 Agricultural in 1982. The surrounding property is zoned A-
1 Agricultural. A small single-family residential neighborhood is located to the east along
Michael Cole Dr. and other areas are private open space and residential uses on large lots. An
RMF-6 district is located to the southwest of the subject property.
Proposal. One of the original 12 duplexes burnt down. The applicant proposes to rebuild the
burnt duplex, remodel existing structures, and build three four-plexes on existing vacant lots.
The applicant is requesting the RMF-6 Low Density Multifamily Residential district to allow for
the increased density. The current density is 3 .6 units per acre and the proposed density is 5 .9
units per acre. RMF-6 allows up to 6 units per acre. Approximate density of adjacent properties
is between 1 and 2 units per acre.
CURRENT STAUS
Staff recommended approval and on September 9, 2002 the Planning Commission voted 7-0- 1 to
recommend the rezoning be approved by the City Council.
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings included as part of
this report.
i •
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-27.00 FOR A PARCEL
CONTAINING APPROXIMATELY 6.10 ACRES LOCATED SOUTHEAST
OF WEDINGTON DRIVE AND BROOK LANE, FAYETTEVILLE,
ARKANSAS, AS SUBMITTED BY DAVE JORGENSEN OF JORGENSEN &
ASSOCIATES ON BEHALF OF LENWYN EDENS.
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 RMF-6, Low Density Multi-FamilyResidential 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
EXHIBIT "A"
RZN 02-27.00
LOT 1 & 2 MILDRED LEE ESTATES PHASE 1 AS PER PLAT ON FILE IN THE OFFICE OF
THE CIRCUIT CLERK IN WASHINGTON COUNTY, ARKANSAS .
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: Shelli Rushing, Associate Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: September 5, 2002
RZN 02-27.00: Rezoning (Edens, pp 436) was submitted by Dave Jorgensen of Jorgensen and
Associates on behalf of Lenwyn Edens for property located southeast of Wedington Drive and
Brook Lane. The property is zoned A- 1 , Agricultural and contains approximately 6. 10 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: September 9, 2002
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: October 1 , 2002 (If approved, 151 reading)
Comments:
N:IUSERSICOMMONIPLANNINGIREPORTSIPCREPOR7S20011SEPTEMBEM9-91EDENS RZN01-27DOC
BACKGROUND:
Property Characteristics. The subject property is located south of Wedington Dr., a Principal
Arterial at Brook Dr., a dead-end gravel road. The property is approximately 6. 10 acres with 11
existing one-story duplexes (22 units). The property was constructed approximately 26 years ago
and was annexed into the City as A- 1 Agricultural in 1982. The surrounding property is zoned A-
1 Agricultural. A small single-family residential neighborhood is located to the east along
Michael Cole Dr. and other areas are private open space and residential uses on large lots. An
RMF-6 district is located to the southwest of the subject property.
Proposal. One of the original 12 duplexes burnt down. The applicant proposes to rebuild the
burnt duplex, remodel existing structures, and build three four-plexes on existing vacant lots.
The applicant is requesting the RMF-6 Low Density Multifamily Residential district to allow for
the increased density. The current density is 3 .6 units per acre and the proposed density is 5.9
units per acre. RMF-6 allows up to 6 units per acre. Approximate density of adjacent properties
is between 1 and 2 units per acre.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Residential A- I Agricultural and R- 1 Low Density Residential
South Residential A- 1 Agricultural
East Residential A- I Agricultural
West Residential A- 1 Agricultural
INFRASTRUCTURE:
Streets: North: Wedington Dr. (Principal Arterial)
South: Proposed extension of Persimmon shown on Master Street Plan
East: Michael Cole Dr.
West: None
Water: Existing — no extensions necessary
Sewer: Existing — no extensions necessary
LAND USE PLAN: General Plan 2020 designates this site residential. Rezoning this property
to RMF-6 is consistent with the land use plan and compatible with surrounding land uses in the
area.
H..-I USE"COMMOMPL4NNINGIREPORMPCREPOR7S10011SEPTEMBER19-91EDENS_RZN01.17DOC
• •
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 rezoning is consistent with the Future Land Use Plan, which
designates the subject property as residential. The Future Land Use Plan
does not distinguish between levels of residential density.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is necessary for the applicant to construct the four-
plexes and is appropriate for rebuilding the burnt duplex.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Findings from Planning:
The requested rezoning permits a maximum of 36 units on this property.
This is an increase of 14 units from the existing development. Using the Trip
Generation model, the additional units may increase traffic up to 60% from
the existing development (see attached Trip Generation rates).
Average Trips Existing (22 units) Maximum permitted with Difference
proposed zoning 36 units
Avg. Weekday 2-Way Volume 145 237 +92
Saturday 2-Way Volume 158 258 +100
Findings from Public Works:
The proposed zoning may result in additional traffic volumes for this area,
due to the potential change in land use. The access to the developed site and
the circulation network within the development shall be reviewed in detail as
part of the subdivision submission process or large scale development
process. The layout, connectivity, circulation plan, ingress and egress
provisions will be reviewed in detail as the information becomes available.
H:IUSERSICOMMONIPLANNINGIREPOR7SIPCREPOR7S20021SEPTEMBER19-91EDENS RZN02-27DOC
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: FindingsfromPlanning:
The average household size in Fayetteville in 2000 was 2.21 persons. Using
this figure, we estimate that with the existing units, there are approximately
48 persons (22 units x 2.21 persons). The estimate on. the proposed zoning is
79.2 persons (36 X 2.21 persons). This is a little less than double what is
already at this location.
Findings from Public Works:
The proposed zoning may increase the total population of this area, adding to
the loading on the existing infrastructure systems. During the development's
review and approval process the adequacy of the existing infrastructure to
accommodate the service requirements will be assessed by the developer's
consultant and reviewed by city staff. Any inadequacies, lack of availability,
need for improvements and determination of responsibility for the
infrastructure improvements shall be resolved during the development's
review/approval process.
Findings from Fire Department:
Estimated response time is 7 to 10 minutes. A solid driving surface would be
needed for this complex, access to buildings with proper turning radius or an
U-shaped street. Additional fire hydrants will be required.
Findings from Police Department:
The police department does not have any objection to the rezoning being
granted. They do not believe there will be any adverse affect to public safety
should this property be rezoned.
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
Ha USERSICOMMONIPLANNINGIREPOR7SIPCREPORTS 20021SEPTEMBERI9-9tEDENS_R7JN02-27DOC
••
Current Zoning: A-1
From Chapter 161 Zoning Regulations
Fayetteville Unified Development Ordinance
§161.03 DISTRICT A-1 AGRICULTURAL.
A. Purposes. The regulations of the
Agricultural District are designed to protect
agricultural land until an orderly transition to urban
development has been accomplished;
prevent wasteful scattering of development in rural
areas; obtain economy of public funds in the
providing of public improvements and services of
orderly growth; conserve the tax base; prevent
unsightly development, increase scenic
attractiveness; and conserve open space.
B. Uses.
1. Permitted Uses.
Unit I
City -Wide Uses by Right
Unit 3
Public Protection and Utility Facilities
Unit 6
Agriculture
Unit 7
Animal Husbandry
Unit 8
Single -Family and Two -Family
Dwellings
2. Uses Permissible on Appeal to
the Planning Commission.
Unit 2 City -Wide Uses by Conditional Use
Permit
Unit 4
Cultural and Recreational Facilities
Unit 20
Commercial Recreation; Large Sites
C. Bulk and Area Regulations.
Lot Width Minimum
200 ft.
Lot Area Minimum:
Residential
2 acre
Nonresidential
2 acre
Lot Area Per Dwelling Unit
2 acre
D. Yard Requirements (feet).
FRONT
YARD
SIDE YARD
REAR YARD
35
20
35
E. Height Requirements. There shall be no
maximum height limits in the A -I District, provided,
however, that any building which exceeds the height
of 15 feet shall be setback from any boundary line of
any residential district a distance of 1.0 foot for each
foot of height in excess of 15 feet. Such setbacks shall
be measured from the required yard lines.
(Code 1991, §160.030; Code 1965, App. A, Art. 5(1);
Ord. No. 1747, 6-29-89)
H:IUSER 1COMMONIPLANNINGIREPORTSIPCREPORTS2002LSEPTEMBERI9-91EDENS_RZN02-27DOC
0
w0
Proposed Zoning: RMF-6
From Chapter 161 Zoning Regulations
Fayetteville Unified Development Ordinance
§161.061 DISTRICT RMF-6 LOW DENSITY
MULTI -FAMILY RESIDENTIAL.
A. Purpose. The Low Density Multi -family
Residential District is designed to permit and
encourage the development of multifamily residences
at a low density that is appropriate to the area and can
serve as a transition between higher densities and
single family residential areas.
B. Uses.
1. Uses Permitted.
Unit I
City -Wide Uses by Right
Unit 8
Single -Family Dwellings
Unit 9
Multifamily Dwellings - Medium
Density
2. Uses Permissible on Appeal to
the Planning Commission.
Unit 2
City -Wide Uses by Conditional Use
Permit
Unit 3
Public Protection and Utility Facilities
Unit 4
Cultural and Recreational Facilities
Unit II
Mobile Home Park
Unit 25
Professional Offices
C. Density.
Families Per Acre 4 to 6
D. Bulk and Area Regulations.
1. Lot Width Minimum.
Mobile Home Park
100 Feet
Lot within a Mobile
Home Park
50
Feet
One Family
60
Feet
Two Family
60
Feet
Three or More
90
Feet
Mobile Home Park
100
Feet
Professional Offices
100
Feet
2. Lot Area Minimum.
Mobile Home Park
3 Acres
Lot Within a Mobile
Home Park
4,200 Sq.
Ft.
Row House:
Development
Individual Lot
10,000 Sq.
2,500 Sq.
Ft.
Ft.
Single -Family
6,000 Sq.
Ft.
Two -Family
7,000 Sq.
Ft.
Three or More
9,000 Sq.
Ft.
Fraternity or Sorority
2 Acres
Professional Offices
I Acre
3. Land Area Per Dwelling Unit.
Mobile Home
3,000
Sq.
Ft.
Apartments:
Two or More
2,000
Sq.
Ft.
Bedrooms
One Bedroom
1,700
Sq.
Ft.
No Bedroom
1,700
Sq.
Ft.
Fraternity or Sorority
1,000
Sq.
Ft. per
Resident
E. Yard Requirements (feet).
FRONT YARD SIDE YARD REAR
YARD
25 8 25
Cross Reference: Variances Chapter 156.
F. Height Regulations. Any building
which exceeds the height of 20 feet shall be set back
from any side boundary line an additional distance of
one foot for each foot of height in excess of 20 feet.
H:I USERSICOMMOMPLANN1NGIREPORTSIPCREPOR7S20021SEPTEMBERI9-91EDENS_RZN02-27DOC
I.
Edens
Summary of Trip Generation Calculation
For 22 Occupied Dwelling Units of Low -Rise Apartment
August 29, 2002
Average Standard Adjustment Driveway
Rate Deviation Factor Volume
Avg. Weekday 2 -Way Volume 6.59 2.84 1.00 145
7-9 AM Peak Hour Enter 0.09 0.00 1.00 2
7-9 AM Peak Hour Exit 0.38 0.00 1.00 8
7-9 AM Peak Hour Total 0.47 0.70 1.00 10
4-6 PM Peak Hour Enter 0.38 0.00 1.00 8
4-6 PM Peak Hour Exit 0.20 0.00 1.00 4
4-6 PM Peak Hour Total 0.58 0.77 1.00 13
Saturday 2 -Way Volume 7.16 2.96 1.00 158
Saturday Peak Hour Enter 0.31 0.00 1.00 7
Saturday Peak Hour Exit 0.27 0.00 1.00 6
Saturday Peak Hour Total 0.58 0.77 1.00 13
Note: A zero indicates no data available.
Source: Institute of Transportation Engineers
Trip Generation, 6th Edition, 1997.
TRIP GENERATION BY MICROTRANS
N:1 USERSICOMMONIPLANNINGIREPOR7SIPCREPOR7S20011SEPTEMBERI9-91EDENS_RZN02-17DOC
Edens
Summary of Trip Generation Calculation
For 36 Occupied Dwelling Units of Low -Rise Apartment
August 29, 2002
Average Standard Adjustment Driveway
Rate Deviation Factor Volume
Avg. Weekday 2 -Way Volume 6.59 2.84 1.00 237
7-9 AM Peak Hour Enter 0.09 0.00 1.00 3
7-9 AM Peak Hour Exit 0.38 0.00 1.00 14
7-9 AM Peak Hour Total 0.47 0.70 1.00 17
4-6 PM Peak Hour Enter 0.38 0.00 1.00 14
4-6 PM Peak Hour Exit 0.20 0.00 1.00 7
4-6 PM Peak Hour Total 0.58 0.77 1.00 21
Saturday 2 -Way Volume 7.16 2.96 1.00 258
Saturday Peak Hour Enter 0.31 0.00 1.00 11
Saturday Peak Hour Exit 0.27 0.00 1.00 10
Saturday Peak Hour Total 0.58 0.77 1.00 21
Note: A zero indicates no data available.
Source: Institute of Transportation Engineers
Trip Generation, 6th Edition, 1997.
TRIP GENERATION BY MICROTRANS
H:IUSERSICOMMOMPLANNINGIREPOR7SIPCREPOR7S 20021SEPTEMBERI9-91EDENS RZN02.27DOC
0
JORGENSEN & ASSOCIATES
CIVIL ENGINEERS • SURVEYORS
124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 • (501) 442-9127 •. FAX (501) 582-4807
• DAVID L. JORGENSEN, P.E., P.L.S.
THOMAS HENNELLY, P.E.
CHRISTOPHER B. BRACKET!', P.E.
City of Fayetteville 8-14-02
113 W. Mountain
Fayetteville, AR 72701
Att: Planning Dept.
Re : Rezoning of Eden's property
Enclosed herewith please find documents required for the rezoning of the Eden's
property. The request is to rezone from A-1 to RMF6. There are 22 units on this
property, which is 6.10 acres. Therefore with the RMF6 there would be a total of 36, or
14 more units.
This rezoning request would not change the character or the use of the property and
would not impact traffic.
All utilities are in place and no water or sewer extensions will be required.
All surrounding property is A-1 at this time.
The reason for the request is to make the zoning conform to the present use and allow for
more units and an upgrade of the existing units. The intent is to remodel the existing
units and add 3,4 plexes and one duplex.
Please review and call concerning any questions you may have.
Thank you.
Sincerely;
• STRUCTURAL DESIGN • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING •
en • ••
16186
16114
HAROLD D. 8 VERA MCDONALD
16184
CLARK J. SPEARS TRUST
614 CATCHER RD. -
TALLIE T. MILLER
6136 WEDDING TON DR.
VAN BUREN. AR. 72956
1611 THORNHILL DR.
FAYETTEVILLE, AR. 72703
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FAYETTEVILLE. AR. 72703
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LEE W. RIDDER
1491 W. UNIVERSITY HTS DR.
N. FLAGSTAFF AZ. 86001
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6255 WEDDINGTON DR.
FAY. 72704
Z { Z A-1
08945
MICHEAL 8 HOLLY PAUL
A-1 5901 W. MICHEAL COLE DR.
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YEAR FLOOD PLAIN
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MCGRUDER (ABOVE)
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16157 SLOAN PROPERTIES INC. MILDREDD 3459 NOTTINGHAM FAY. 72703 rr
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LEGAL DESCRIPTION OF EDENS PROPERTY:
LOT 1 8 2 OF MILDRED LEE ESTATES PHASE I AS
PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT
CLERK OF WASHINGTON COUNTY, ARKANSAS.
JORGENSEN & ASSOCIATES
CIVIL ENGINEERS • SURVEYORS
114 WEST SUNBRIDGE. SUITE 5 • FAY EIIEVILLE, ARKANSAS 72703 • (479)442.9127 • FAX (479) 58248
SCALE: 1•=200DATE REVISED CHECKED BY: DRAWN BY: BEJ
DATE: 19AUG02 DLJ C.ISDSKIJ0BSIC0LEDRII
REZONING
LEN EoENS
S.
0
Memo
To: Shelli Rushing
From: Capt. Greg Tabor
Date: 9-2-02
Re: RZN 02-27.00 and RZN 02-26.00
RECEIVED
SEP 052002
PLANNING DIV.
• After reviewing the above rezoning requests and looking at the properties
described the police department does not have any objection to the rezoning being
granted. We do not believe there will be any adverse effects to public safety should
these properties be rezoned. If you have any questions or need further assistance, I
can be reached at extension 520.
1
Sep U;i Ue U4: Uap
1. 9 ,
Lanny
t- arrar
&OUlt 444-d44f
• •
p.1
1 AYETvTEVILLE
THE CITY OF FAYETTEVn.1,E, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Rick Hoyt, Police Chief
Chris Bosch; Fire Chief -
Greg Boettcher, Public Works Director
FROM: Shelli Rushing, A.I.C.P., Associate Planner
THRU: Tim Conklin, A.LC.P. City Planner
DATE: August 30, 2002
113W. Mountain St.
Faycttcvilk, AR 72701
Telephone: (479) 575-8264
Response to Adequacy of Public Facilities
for Rezoning Proposals
The Planning Commission bylaws identify five findings that the Planning Commission must make in
order to determine the appropriateness of proposed zoning. Two of those findings pertain to other
departments. The Fayetteville Planning Division is requesting your assistance in making those findings.
We have received an application for the following rezoning request(s). We ask that you make a finding
on these proposals in regards to the services you provide. Please address the findings provided in italics.
ppi4 was submitted by Dave Jorgensen of
Jorgensen and Associates on behalf of Lenwyn Edens for property located southeast of
Wedington Drive and Brook Lane. The property is zoned A-1, Agricultural and contains
approximately 6.10 acres. The request is to rezone to RMF-6, Low Density Multi -Family
Residential. There are currently 22 residential units (1 I duplexes) on the subject property.
The proposed zoning would create a potential for 36 total residential units on the
property.
• A determination as to whether the proposed zoning would create or appreciably
increase traffic danger and congestion. (Public Works Director)
• 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.(Public Works Director, Fire, Police)
Response time estimation 7-10 minutes
A Solid Driving surface would be needed for this complex,
access to buildings with proper turning radius or an U shape
street.
Additional fire hydrants will be required
C: IDOCUMFNISAND SEi]1NGSDIBDBEI7ERWCAf. SFTTINOSIri SPVDEQUA11FAC/LTIESFORREZONEDOC
•• 0*
FAYETTEVILLE
THE CITY OF FAYETTEVMLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
TO: Rick Hoyt, Police (suet
Chris Bosch, Fire Chief
...........(
FROM: Shelli Rushing, A.LC.P., Associate Planner
THRU: Tim Conklin, A.I.C.P. City Planner
DATE: August 30, 2002
Response to Adequacy of Public Facilities
for Rezoning Proposals
The Planning Commission bylaws identify five findings that the Planning Commission must make in
order to determine the appropriateness of proposed zoning. Two of those findings pertain to other
departments. The Fayetteville Planning Division is requesting your assistance in making those findings.
We have
received an
application
for the following rezoning request(s). We ask that you make a
finding
on these
proposals in
regards to
the services you provide. Please address the findings provided
in italics.
1 as submitted by Dave Jorgensen of
Jorgensen and Associates. on behalf of Lenwyn Edens for property located southeast. of
Wedington Drive and Brook Lane. The property is zoned A-1, Agricultural and contains
approximately 6.10 acres. The request is to rezone to RMF-6, Low Density Multi -Family
Residential. There are currently 22 residential units (11 duplexes) on the subject property.
The proposed zoning would create a potential for 36 total residential units on the
property.
A determination as to whether the proposed zoning would create or appreciably
increase traffic danger and congestion. (Public Works Director)
The proposed zoning may result in additional traffic volumes for this area, due to the
potential increase in the number of residential units. The access to the developed site and
the circulation network within the development shall be reviewed in detail as part of the
subdivision submission process or large scale development process. The layout,
connectivity, circulation plan, ingress and egress provisions will be reviewed in detail as
the information becomes available.
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,
C:IDOCUMENTSAND SE 7JNGSVSRUSHING LOCAL SETTINGS1TFJNFL4DEQUATEFACILITIES FOR REZONE.DOC
and sewer fat/i. s.(TJlic Works Director, Fire, Police
The proposed zoning may increase the total population of this area, adding to the
loading on the existing infrastructure systems. During the development's review and
approval process the adequacy of the existing infrastructure to accommodate the
service requirements will be assessed by the developer's consultant and reviewed by
city staff. Any inadequacies, lack of availability, need for improvements and
determination of responsibility for the infrastructure improvements shall be resolved
during the development's review/approval process.
RZN 02-26.00: Rezoning (Calloway, pp 571) was submitted by Dave Jorgensen of J ensi
and Associates on behalf of Chuck Calloway for property located at 1429 and 1430 eer field
The property is zoned R -O, Residential Office and contains approximate) .45 acres.
Theibqpestis to rezone to R-1, Low Density Residential. There are already 'sting single-
family ho s at these addresses.
• A determuuiat&onas to whether the -proposed zoning wou146reate or appreciably
increase traffi?�qner and congestion. (Public Work irector)
The proposed zoning may res in additional traffi olumes for this area, due. to the
potential change in land use. Thcess to the d eloped site and the circulation network
within the.development shall be revie ed in d ail as part of the subdivision submission
process or large scale development proc he layout, connectivity, circulation plan,
ingress and egress provisions will be r� a detail as the information becomes
available.
• A determination,as to whether the proposed zoning wou d alter the population density
and thereby undesirably increase the load on public serve including schools, water,
and sewer facilities9xIblic Works Director, Fire, Police)
The proposed zoning may increase the total population of this area, a ng to the
loading on the existing infrastructure systems. During the development's levew and
approval pro ss the adequacy of the existing infrastructure to accommodate lh�
service requirements will be assessed by the developer's consultant and reviewed by
city stafjVAny inadequacies, lack of availability, need for improvements and
deter mation of responsibility for the infrastructure improvements shall be resolved
du ' g the development's review/approval process.
Please return
this form
with your
comments to Shelli
in the Planning Division by Wednesday, September
4, 2002. You
may also
call
me at
extension 269 or e-mail.
Thank you.
C: IDOCUMEN7SAND SEITINGSSRUSHINGV,OCAL SEITTNGS\TEMPADEQUA7F FACILITIES FOR REZONEDOC
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Planning Commission • •
September 9, 2002
Page 8
RZN 02-27.00: Rezoning (Edens, pp 436) was submitted by Dave Jorgensen of Jorgensen &
Associates on behalf of Lenwyn Edens for property located southeast of Wedington Drive and
Brook Lane. The property is zoned A-1, Agricultural and contains approximately 6.10 acres.
The request is to rezone to RMF-6, Low Density Multi -Family Residential.
Hoffman: Item number four is also a rezoning, which is RZN 02-27.00 it was submitted
by Dave Jorgensen of Jorgensen & Associates on behalf of Lenwyn Edens for
property located southeast of Wedington Drive and Brook Lane. The property
is zoned A-1, Agricultural and contains approximately 6.10 acres. The request
is to rezone to RMF-6, Low Density Multi -Family Residential. Tim, would you
please fill us in on this one?
Conklin: This property was developed approximately 26 years ago. It was annexed into
the city in 1982. At the time it was brought in as A-1, Agricultural. The
applicant would like to rezone the property to RMF-6, which allows up to six
units per acre. One of the original twelve duplexes that were built many years
ago burned down. She proposes to rebuild the burned duplex, remodel the
existing structures and build three four plexes on existing vacant lots. Staff is
recommending approval. In your packet you do have information from different
departments. Thank you.
Hoffman: Thanks Tim.
Shackelford: Madam Chair, before we go any further I need to recuse from this item. I have
a business relationship with the applicant so I am not going to be voting on this
issue.
Hoffman: Thank you very much. Ok, Dave, you're up.
Jorgensen: As Tim mentioned this property was brought into the city in 1982 as A-1. The
reason for the request is to bring it into compliance with the same type use and
you will notice RMF-6 is the lowest use we could come up with. The plan is to
sell the property and the prospective buyer is Marsha Beard who also bought
some duplexes over on Betty Jo Drive. I don't know if you recall but a while
back she purchased some duplexes on Betty Jo and had them rebuilt, did a face
lift on them, cleaned them up and basically cleaned up the neighborhood. That
is what the plan is right here. In fact, Marsha here is in the audience with us and
brought some pictures to show the before and after of several of the units that
she has taken over and we think that this is going to be an improvement of the
neighborhood and make for a much more improved area right there. On page 5
of the staff report on findings, I don't know if you have the same staff report as
I do, you probably do, probably the thing that is most important to me that I
read on item 5 is that it would be impractical to use the land for any other use
permitted under this zoning classification. In other words, A-1 doesn't work
Planning Commission • •
September 9, 2002
Page 9
very well.
That is
the reason
for
the whole deal. We are trying to go to RMF-6
and get the
proper
zoning for
this
use.
Hoffman: Thank you. Would you like to pass the pictures around?
Jorgensen: That would be great. She is the one that purchased those on Betty Jo.
Beard: The before is definitely on top. If you can't tell that I'm in trouble.
Hoffman: Thank you Ms. Beard. Do you want these back or do you want to leave them
for the records?
Beard: I will take them back but if you need copies I can get those.
Hoffman: We will just pass them along, thank you very much. Is there any member of the
audience that would like to speak?
PUBLIC COMMENT:
Miller: My name is Hally Miller. I own the property at 6040 Wedington Drive. That is
across Wedington. It is a single-family home currently occupied by my mother
who is 83. I am not against per say the rezoning. Anything that would make an
improvement I am for. Brook Lane is a gravel single lane that goes up through
the duplexes. This duplex area has been a problem from the inception in that
there has been domestic violence, loud music, things that. you yourself would
not want to live around, multi -problems. I have had lawnmowers stolen; I've
had my mother's car almost stolen. I am not saying that the residents per say
maybe did it; I'm just saying that it has been a problem area. The duplexes are
in disrepair, weeds. The one that burned down has never been cleared off and
rebuilt. Many of the duplexes are not currently occupied and there could be
some real improvement here. I would like to see curb, gutter, street, the same
thing as many other roads in this area. I know that you are already addressing
some of these problems that we have had with developments that do not have
curbs, gutters and infrastructure and this would be a great time to fix this
problem. The traffic on Wedington has always been a problem in this area. If
you are ever out there the four lane ends at the Gardens and so this is a two lane
highway that goes through there and traffic early in the morning at school time
because the school bus system comes from Farmington to get the kids in this
location. It is a real problem if you are trying to get onto Wedington from right
or left it is a problem. I am wondering if maybe a lane that could be fixed so
that they could turn in in this area, I don't know what that is called, accel,
deaccel lane or something to handle some of the problems. I would really like to
see a nice area across from my property. Who knows, I might want to develop
mine someday. Thank you.
Planning Commission •
September 9, 2002
Page 10
Hoffman: Thank you. Is there anyone else in the audience that would like to address us on
this rezoning?
Beard: I would. As far as her concerns about the type of tenants that will be there if I
purchase this property, as everybody knows, when I purchased, I now own ten
four plexes on Betty Jo Drive. I purchased the majority of them two years ago
and at that time it was drug haven, I mean there were stabbings and shootings.
and the place was in very much disrespect, disrepair. Within six months I had it
up and going good. We have very little problems out there at all. The worst
problem I've had lately is a dog went in somebody else's house and she
wouldn't give it back. We have very minor, minor problems. I believe in
bringing it up to standards. I will plan on these duplexes renting for about $500
a month with the water paid. As I build additional units, I'm planning on
building some two bedroom townhouses to break the flow of all the single level
places and I will have it professionally landscaped, like I do all my properties.
They are very well managed. I am the sole owner and take full responsibility
for all of it and we do a great job. If you have any questions I would be glad to
answer them for you.
Hoffman: Thank you very much.
Ward: Have you got any ideas for improvement of the road itself and what are you
going to do for the duplexes that are out there now?
Beard: The old duplexes that are out there now will be totally remodeled. My first
stage would be to go out and do painting and minor repair work that needed
done. Then I will do some landscaping and then start putting small touches in
like ceiling fans and dishwashers and renting out the ones that are. rentable and
then start totally remodeling the other ones that are not rentable. As far as
building new places it will probably be at least a year before I would even start
looking at building anything. As far as the road, I haven't made any final
decisions on the road. One of the things that I do is I do things in different
themes like the Betty Jo Drive, that is called Beard Theme Homes and each one
of them look different but they all compliment each other. One looks like an
old country store, another looks like a French quarters and I would do
something similar with these and give each one of them their own unique
identity but make them all a little bit different where it just doesn't look like an
apartment complex and I want to build on that it is totally surrounded on all
sides by trees and I want to build on it is a country place. I don't want it to look
like you're living in town so that is why I haven't made all the decisions yet.
Ward: I am very familiar with the four plexes on Betty Jo and I know that you have
done a major revitalizing on those. They are really nice looking. In fact,
because of what you did, Betty Jo is much better than what it used to be so I
appreciate it.
Planning Commission • •
September 9, 2002
Page 11
Conklin: Madam Chair, I just want to make sure the applicant is aware that our Fire
Department did respond to this rezoning. They stated that the estimated
response time is 7-10 minutes. A solid drive surface would be needed for this
project. Access to buildings with proper turning radius or a U shape street.
Additional fire hydrants will be required. The property was built 26 years ago.
We do have existing units out there at the time of development those additional
improvements will be required based on the Fire Departments information.
Beard: Arkansas National Bank is the bank that is going to do this if it all gets
approved and they had one question as far as if it all got through tonight or
when I started the building process, would I have to go through Large Scale
Development or would it be regular building permit?
Conklin: Since I haven't reviewed your plans I am not sure if this would have to go
through the Large Scale process.
Hoffman: Tim, help me
out
here. I
thought if it was over an acre on the site area then she
would have to
go
through
Large Scale.
Conklin: When I say I haven't reviewed your plans I'm not sure how the property is
currently split up.
Beard: It is one parcel, 6.10 acres.
Conklin: Anything over an acre would have to go through Large Scale Development.
Beard: Even on an older existing development?
Conklin: Yes. Even an old subdivision that is split out. Since it is over an acre all the
departments will look at this with regard to whether or not to allow additional
development. At this time today our Fire Department is stating that a hard
driving surface and proper turning radius and additional fire hydrants will be
necessary for additional development.
Hoffman: Ok, thank you. This is a recommendation to City Council for rezoning. It is not
really a condition of approval but the Fire Department has said in order for the
rezoning to be granted that that would be a requirement at the time of rezoning
or before they build it?
Conklin: They did not go into that much detail. I will ask that prior to City Council.
Keep in mind that this property is currently being used in this manner. It limits
the owner with regard to renovations and remodeling the structure because it is
a legal non -conforming use at this time. Rezoning this property actually
enhances the ability of the owner to be prepared to do maintenance on the
Planning Commission • •
September 9, 2002
Page 12
structures.
Plus I would like to find out if the
response in
general is
with regard
to what the
Fire Department would like
to see
at this time.
Motion:
Allen: I think this is an appropriate rezoning so therefore I move for approval of RZN
02-27.00.
Hoffman: Thank you Commissioner Allen. I have a motion for approval of RZN 02-
27.00.
Bunch: I'll second.
Hoffman: Is there anybody else?
Ward: Let's go back over this one more time. I think that we are allowing at this time
the gravel road to stay if the owner does no other units, there is no other
condition put on top of them with no large scale development. At this time we
can pretty much assure that there will be curb, gutter and streets if there is any
other development at all. Is my take your take?
Conklin: Typically on a rezoning we would not require to go in and place conditions on
infrastructure improvements. However, we did initiate a Fire Department
review with regard to requirements for them to respond to this rezoning. I do
have this one statement from the Fire Department which doesn't clarify at what
time. It talks about the time of development, that is something that the City
Planning Division also would agree with and that is typically done at the time of
development but I am not going to say that is 100% accurate since the Fire
Department is not here this evening.
Ward: Does the Fire Department go out there now as is?
Conklin: The Fire Department goes out there now, that is correct, as is.
Ward: If she doesn't change anything except the looks of the property.
Conklin: I am not going to speak for Chris Bosch; I will let him speak to the Council with
regard to what that means. I can't give a guarantee with regard to what our Fire
Department is going to say to our City Council. Sorry.
Bunch: Tim, on the capital improvement program for the state highways, what are the
current plans for the extension of the highway on Hwy. 16 West, Wedington
Road. Is that phase supposed to go to Double Springs Road and also is that on a
time line, do you have an approximate time for when that work will be done?
Planning Commission •
September 9, 2002
Page 13
Conklin: It is not on any short time line at this point in time. It is not within the next five
years. That is a state highway. The City of Fayetteville participated with the
State Highway Department to widen Wedington, I think we spent 1.3 million
dollars for a 50/50 cost share, 1.3 million dollars for approximately one mile of
Wedington Drive. That is as much money as the Highway Department had and
the City had and that is pretty much why it ended there. I think the original plan
had it going out to Double Springs Road. At this time it is not on any current
plan.
Bunch: Thank you.
Hoffman: Thank you Tim. Is there anybody else before we call the roll? I would just like
to add that I think this is a needed neighborhood improvement that has been an
eye sore and I would like to thank you for undertaking this project. Thank you
very much. Renee, would you call the roll please?
Roll Call: Upon the completion of roll call the motion to approve RZN 02-27.00 was
approved by a vote of 7-0-1 with Commissioner Shackelford abstaining.
Hoffman: The motion carries unanimously. Thank you.
FAYETTEVILLLE
THE CITY OF FAYETTEVIIIE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, Planning Director
From: Heather Woodruff
Date: October 22, 2002
Attached is a copy of the ordinance approving rezoning request RZN 02-27.00. The
original will be microfilmed and filed with the City Clerk.
Cc: Scott Caldwell, Info. Tech.
John Goddard, Info. Tech.
Clyde Randall, Info. Tech.
Ed Connell, Engineering
RECEIVED
NOV 1 3 2002
CRY OF FAYET i C vluE
CITY CLERK'S OFFICE
MICROFLPD
AFFIDAVIT OF PUBLICATION
I, , do solemnly swear that I am
Lego Clerk of the Arkansas Democrat -Gazette newspaper, printed and
published in Lowell, Arkansas, and that from my own personal knowledge
and reference to the files of said publication, the advertisement of:
OW.5— was inserted in the regular editions on
OU
** Publication Charge: $ 109. VS
Subscribed and sworn to before m this
day of ll 1 `' , 2002.
sgI
My C .
TAMMY ALLEN
Notary Public -Arkansas
Pie ��'jjrl� ORDINANCE M). 4425
E��R31oT1 �i i AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITON RZN 02.27.00 FOR A PARCEL
An i (CONTAINING APPRO%IMATELVt 6.10, ACRES LOCATED
SOUTHEAST OF WEDINGTON_ DRNE AND BROOK LANE,
FAYETTEVILLE, ARKANSAS. AS' SUBMf TED BY DAVE
OFRGENSEN OF LENWYN EDEN��ENSFN.BASSOCIATES. ON BEHALF City of of C le
S
BE R ORDAINED BY THE CRY COUNCIL OF THE CITY OF FAYETTEMLLE. ARKANSAS:
sedbn 1: That the mra dueacatbn of the blowlr9 dex+Ded Property b hereby chwged as foaows:
Rom A-1, m hcitzd to RMF-6. Low Darwty Mrdtl-FarfyReslJentbl as shown h Et bI A attached
hwdo and made a part hand.
Section 2. That the olOCW mrarq map d tl* CRY of Fa/ede+•e. Arlmreas. b hweq erneded to reflect
the mr*V dwge ProNtletl h Section 1 ebwe. t
PASSED and APPROVED this the 15th day of October. 2002.
ATTEST: t
By
Heater WoodrLM CRY Cwk
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700