HomeMy WebLinkAboutOrdinance 4427 ORDINANCENO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-28.00 FOR A PARCEL
CONTAINING APPROXIMATELY 3.34 ACRES LOCATED AT
1509 MORNINGSIDE DRIVE, FAYETTEVILLE, ARKANSAS, AS
SUBMITTED BY GLENN CARTER OF CARTER CONSULTING
ON BEHALF OF DEWAYNE PROVENCE
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-2, Medium Density Residential to I-1, Heavy Commercial/Light
Industrial 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.
y PASSED and APPROVED this the 15w day of October, 2002.
APPROVED:
F y o _
DAN COODY, Mayor o _- � p
Cn ' _n
ATTEST: A G co C)
-o C- a m
By:
0
Bather Woodruff, City Cf4rk a' o
20 10 1 71414
ord 4427
EXHIBIT "A"
RZN 02-28,00
A PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4)
OF SECTION 22, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
BEGINNING AT THE CENTER OF SAID SECTION 22, AND RUNNING THENCE
S890571429'W, 440.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE
ALONG QUARTER SECTION LINE S89057'42"W, 440.59 FEET; THENCE S00° 14'21 "W,
331 .00 FEET; THENCE N89°57 '42"E, 440.59 FEET; THENCE N00° 14'21 "E, 331 .00 FEET TO
THE POINT OF BEGINNING, CONTAINING 3 .348 ACRES, MORE OR LESS .
LESS AND EXCEPT THAT PORTION OF LAND LYING AND BEING SITUATED IN
HIGHWAY 16 BY-PASS RIGHT-OF-WAY.
203 714 � �
I, Bette Stamps, Circuit Clerk and Fx-offdo Retarder
for Washington County, Arkansas, do hereby tertHy
that this instrument wes fled for record in my office en
indicated hereon and the same is now duly recorded
in�Recordthe aBook 0andmpageand
as indicatedcertificate
thereon•
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the seal of said Court on the data indi-
celed hereon.
Bette Stamps
Circuit Clerk ffi io Recorder
by
NAME OF FILE: Ordinance No. 4427
CROSS REFERENCE:
Item # Date Document
1 10/15/02 10rdinance # 4427
2 10/02/02 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 October 15 , 2002
FROM :
Tim Conklin Planning Urban Development
Name Division Department
ACTION REQUESTED : To approve an ordinance for RZN 02 - 28 . 00 as
submitted by Glenn Carter of Carter Consultants on behalf of
Dewayne Provence for property located at 1509 Morningside Drive .
The property is zoned R-2 , Medium Density Residential and contains
approximately 3 . 34 acres . The request is to rezone to I - 1 , Heavy
Commercial / Light Industrial .
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 u ting tanager Date ADA Coordinator Date
�f177 Z
Ci t o ney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval and on September
23 , 2002 the Planning Commission voted 7 - 1 - 0 to recommend the
rezoning be approved by the City Council .
�-�- Cross Reference
Divi, iont7 D_atf n
D—/ n for L4 gDate New Item : Yes No
dmin rat ' Ser ' ces Date Prev Ord/Res# :
Dire
Mayor /Date Orig Contract Date :
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-28.00 FOR A PARCEL
CONTAINING APPROXIMATELY 3.34 ACRES LOCATED AT 1509
MORNINGSIDE DRIVE, FAYETTEVILLE, ARKANSAS, AS SUBMITTED
BY GLENN CARTER OF CARTER CONSULTING ON BEHALF OF
DEWAYNE PROVENCE.
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-2, Medium Density Residential to I-1 , Heavy Commercial/Light
Industrial 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:
DRAFT
By:
DAN COODY, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
RZN 02-28.00.PROVENO1
EXHIBIT "A"
RZN 02-28.00
A PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER (SW '/4)
OF SECTION 22, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
BEGINNING AT THE CENTER OF SAID SECTION 22, AND RUNING THENCE S890571423'W,
440.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE ALONG
QUARTER SECTION LINE S89057'427W, 440.59 FEET; THENCE S00° 14'21 "W, 331 .00 FEET;
THENCE N89057'42"E, 440.59 FEET; THENCE N00° 14'21 "E, 331 .00 FEET TO THE POINT OF
BEGINNING, CONTAINING 3 .348 ACRES, MORE OR LESS.
LESS AND EXCEPT THAT PORTION OF LAND LYING AND BEING SITUATED IN
HIGHWAY 16 BY-PASS RIGHT-OF-WAY.
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 19, 2002
RZN 02-28.00: Rezoning (Provence, pp 602) was submitted by Glenn Carter on behalf of
Dewayne Provence for property located at 1509 Momingside Drive. The property is zoned R-2,
Medium Density Residential and contains approximately 3 .34 acres. The request is to rezone to
I- 1 , Heavy Commercial/Light Industrial.
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 23, 2002
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: October 15, 2002 (If recommended, I " reading)
Comments:
H:I USERSICOMMONIPLANN/NGIREPORTSIPCREPORTS 2002 LSEPTEMBEM9-231PROVENCERZN02-28DOC
BACKGROUND:
Property Description. The subject property is located at 1509 Morningside Drive, a vacant parcel
located south of 15th Street. The applicant owns property with one parcel zoned I- 1 Heavy
Commercial/Light Industrial and another zoned R-2 Medium Density Residential. The applicant
operates a trucking company on the I- 1 parcel. Mature trees line the west and south sides of the
property.
Proposal and Request. . The applicant would like to expand his business with an office building
on the R-2 parcel. The R-2 district does not allow for an office or a trucking business. He is
requesting that the R-2 property be rezoned to I- 1 , consistent with the rest of his property, to
allow him to expand his business.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Office'/ Industrial I- 1 Heavy Commercial / Light Industrial
South Vacant R-2 Medium Density Residential
East Industrial I- I Heavy Commercial / Light Industrial
West Residential R-2 Medium Density Residential
INFRASTRUCTURE:
Streets: North: 15th Street (Principal Arterial)
South: Cato Springs Road (Minor Arterial)
East: Morningside Drive (Collector)
West: School Avenue (Principal Arterial)
Water: Existing 12" water line across the street from the property.
Sewer: Sewer will have to be extended from an existing 20" line south of the property.
LAND USE PLAN: General Plan 2020 designates this site as Mixed Use. Rezoning this
property to I- 1 Heavy Commercial / Light Industrial is consistent with the land use plan and
compatible with surrounding land uses in the area.
H:I USERSICOMMOMPLANNINGIREPOR7SIPCREPOR7S20011SEPTEMBERI9-131PROVENCEiZZN01-28DOC
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 objectives, principles and
policies of the Future Land Use Plan.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed rezoning is justified in order for the property owner to expand
his trucking business and for all of his property to be zoned alike.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding:
Planning Findings: Planning does not find that the proposed rezoning will
significantly increase traffic danger and congestion. Trucks are already
being used adjacent to the subject property and the addition to the business
is an office, which should not generate significant traffic.
Public Works Findings: At this location Morningside is a two lane City street
north of the end of State Highway 156 and 15`h Street is State Highway 16
East (also two lanes). The proposed rezoning may, or may not, result in
additional traffic volumes for this area, subject to the final use of the
property. The access to the developed site and circulation network within the
development shall be reviewed in detail as part of large scale development
process. The layout, connectivity, circulation plan, ingress and egress
provisions will be reviewed in detail as the information becomes available.
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: Planning Finding: Planning does not find that the rezoning of this property
will increase population density.
Public Works Finding: Existing 12" water main on the north side of 15th
Street and existing 24" water main on the east side of Morningside Drive.
Existing 8" sanitary sewer line at the west side or west of the property.
Existing 21" and 30" sanitary sewer transmission main trunk lines south of
the property.
H:I USERSICOMMONIPLANNINGIREPORTy1PCREPORTS20021SEPTEMBERI9-231PROVENCEkZN02-28.DOC
The proposed rezoning and ultimate development may increase 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.
Fire Department Finding: Response time of 3 to 5 minutes. A solid driving
surface (20' wide) is needed for access to new facility. Additional hydrants
may be required. If the building is to be sprinkled a fire hydrant shall be
installed within 100' of Fire Department connection.
Police Department Finding: After reviewing the above rezoning request and
looking at the property described, the police department does not have an
objection to the rezoning being granted. They do no believe there will be any
adverse effects 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
H.I USERSI COMMOMPLANN/NG I REPORTSI PCREPOR7S 20021 SEPTEMBER I9-231 PRO VENCD?ZN01-18DOC
From Chapter 161 Zoning Regulations
Fayetteville Unified Development Ordinance
Lot Within a Mobile 4,200 Sq. Ft.
§161 .06 DISTRICT R-2 MEDIUM DENSITY Home Park
RESIDENTIAL. Row House:
Development 10,000 Sq. Ft.
A. Purpose. The High Density Residential Individual Lot 29500 Sq. Ft.
District is designed to permit and encourage the Single-Family 6,000 Sq. Ft.
developing of a variety of dwelling types in suitable
environments in a variety of densities. Two-Family 7,000 Sq. Ft.
Three or More 91000 Sq. Ft.
B. Uses. 1. Uses Permitted. Fraternity or Sorority 2 Acres
Unit 1 City-Wide Uses by Right Professional Offices 1 Acre
Unit 8 Single-Family Dwellings
Unit 9 Multifamily Dwellings - Medium 3. Land Area Per Dwelling Unit.Mobile Home 3,000 Sq. Ft.
Density
Apartments:
2. Uses Permissible on Appeal to Two or More 21000 Sq. Ft.Bedrooms
the Plannin Z Commission. One Bedroom 1 ,700 Sq. F[.
Unit 2 City-Wide Uses by Conditional Use n
Permit No Bedroom 1 ,700 Sq. Ft.Unit 3 Public Protection and Utility Facilities Fraternity or Sorority 1 ,000 Sq. Ft. perResident
Unit 4 Cultural and Recreational Facilities
Unit 11 Mobile Home Park E. Yard Re uirements (feet).
FRONT YARD SIDE YARD REAR YARD
Unit 25 Professional Offices
25 8 25
C. Densit .
Families Per Acre 4 to 24 Cross Reference: Variances Chapter 156.
D. Bulk and Area Regulations. F. Height Regulations. Any building
which exceeds the height of 20 feet shall be set back
1 . Lot Width Minimum. from any side boundary line an additional distance of
Mobile Home Park 100 Feet one foot for each foot of height in excess of 20 feet.
Lot within a Mobile 50 Feet
Home Park (Code 1991 , § 160.033; Code 1965, App. A, Art.
One Family 60 Feet 5(III); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81 )
Two Family 60 Feet
Three or More 90 Feet
Professional Offices 100 Feet
2. Lot Area Minimum.
Mobile Home Park 13 Acres
H:I USERSI COMMONI PLANNING I REPOR7SI PCREPOR7S 20021 SEPTEMBER I9-131 PROVENCERM02-28DOC