HomeMy WebLinkAboutOrdinance 4443 ORDINANCE NO. 4443
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 02-34.00 FOR A PARCEL CONTAINING
APPROXIMATELY 2.80 ACRES LOCATED AT 6310 W. WEDINGTON
DRIVE, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY MEL
MILHOLLAND OF MILHOLLAND COMPANY ON BEHALF OF ROY
AND STEPHANIE LOVELL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS :
Section 1 . That the zone classification of the following described property is hereby
changed as follows:
From A- 1 , Agricultural to R- 1 , Low Density Residential as shown in Exhibit A
attached hereto and made a part hereof.
Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby
amended to reflect the zoning change provided in Section I above.
PASSED and APPROVED this the 3`d day of December, 2002.
APPROVED:
v,
i By:
DAN COODY, Mayor
ATTEST:
By: 6
Bather Woodruff, City 15Yerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID : 004486310002 rVDe : REL
Recorded : 04/15/2003 at 01 : 32 : 43 PM
Fee Amt : $11 . 00 Pane 1 of 2
Nashinnton County , AR
Bette 8tamoe Clrcult Clerk
Flle2003-00021985
4443
EXHIBIT "A"
RZN 02-34.00
A PART OF THE SE '/4 OF THE NE '/40F SECTION 10, T- 16-N, R-31 -W MORE
PARTICULARLY DESCRIBED AS COMMENCING AT THE NORTH QUARTER-
CORNER [N '/4] OF SAID SECTION 10; SAID POINT BEING A FOUND IRON PIN;
THENCE 502-29-33W 2628.04 FEET TO THE SOUTHWEST CORNER OF THE SW '/4
OF THE NE 1/4; THENCE S87-46-02E 1322.70 FEET TO THE SOUTHWEST CORNER
OF THE SE '/4 OF THE NE 1/4; THENCE S87-46-02E 470.25 FEET; THENCE NO2-21 -49E
43.33 FEET TO THE POINT OF BEGINNING; SAID POINT BEING A SET IRON PIN
ON THE NORTH RIGHT-OF-WAY OF WEDINGTON DRIVE (AR. HWY 16);
THENCE NO2-21 -49E 616.67 FEET TO A SET IRON PIN;
THENCE S87-46-02E 198.00 FEET TO A SET IRON PIN;
THENCE 502-21 -49W 615 .90 FEET TO A SET IRON PIN; SAID POINT BEING ON
THE NORTH RIGHT-OF-WAY OF SAID WEDINGTON DRIVE;
THENCE ALONG SAID RIGHT-OF-WAY N87-59-21 W 198.00 FEET TO THE POINT
OF BEGINNING, CONTAINING 2.80 ACRES, MORE OR LESS, CITY OF
FAYETTEVILLE, ARKANSAS.
Washington County, AR
I certify this instrument was filed on
0411512003 0112:43 PM
and recorded in Real Estate
File Nu bar 2003-00021985
Bett Sot Circuit Clerk
by/
NAME OF FILE: Ordinance No. 4443
CROSS REFERENCE:
Item # Date Document
1 12/03/02 10rd. No. 4443 w/Ex. A
2 11 /04/02 Staff Review Form w/attachments:
memo to City Council
copy of 10/28/02 Planning Commission minutes
10/24/02 memo to Planning Commission
copy § 161 .03
copy of 10/17/02 summary of Trip Generation calculation
copy of 10/4/02 letter to Tim Conklin
copy of aerial of site
copy of close-up view
copy of future land use
copy of one mile view
3 12/09/02 memo to Tim Conklin
G 14 t
5 4 t s(o3 F-dzd u)l CA CC-Lk% l- Cwt s CX-6( e. c
NOTES:
• •
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of November 19 , 2002 .
FROM :
Tim Conklin Planning Urban Development
Name Division . Department
ACTION REQUESTED : To approve an ordinance for RZN 02 - 39 . 00 as
submitted by Mel Milholland of Milholland Company on behalf of Roy
and Stephanie Lovell for property located at 6310 W . Wedington
Drive . The property is zoned A- 1 . Agricultural and contains
approximately 2 . 80 acres .' The request is to rezone to R- 1 , Low
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
onti
CONT�RAC�yT//GRANT/LEASE REVIEW : GRANTING AGENCY :
AA r,G 1ng Manager Date ADA Coordinator Date
City Attorney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval and on October 28 ,
2002 the Planning Commission voted 8 - 0 - 0 to recommend the
rezoning be approved by the City Council .
Cross Reference
' Div ' ' on e /9�te
Dela t ' rector " D�t New Item : Yes No
Admi trative Services at� Prev Ord/Res# :
Dir a or
Ma // ate — Orig Contract Date :
FAYETTEVILLE CC Meeting of Nov. 19. 2002
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: Nov. 1 , 2002
RZN 02-34.00 (1016): Rezoning (Lovell, pp 396) was submitted by Milholland Company on
behalf of Roy & Stephanie Lovell for property located at 6310 W. Wedington Drive. The
property is zoned A- 1 , Agricultural and contains approximately 2.80 acres. The request is to
rezone to R-2, Medium Density Residential.
BACKGROUND:
Property Characteristics: The subject property is located north of Wedington Drive, between
59th Avenue and Double Springs Road. A single-family house sits on approximately 2.8 acres.
Adjacent properties are large lot single family houses and vacant/agricultural land across
Wedington.
Proposal: The applicant proposes to split the lot and build a new house. The current zoning
classification of A- 1 Agricultural has a minimum lot requirement of two acres. Under this zoning
classification the applicant cannot split the 2.8 acre lot.
Request: The applicant requested to rezone the property from A- 1 Agricultural to R-2 Medium
Density Residential.
Findings: Staff recommended denial of the request to rezone to R-2. The requested zoning would
permit up to 13 lots and 67 families. The resulting density is inconsistent with the surrounding
land use, which is predominantly large lot single-family. R-2 Medium Density Residential is not
necessary for this proposal. A zoning of R- 1 Low Density Residential is more appropriate and
would allow the applicant to split the lot and build a new house.
CURRENT STATUS:
On Oct. 28, 2002, the Planning Commission voted 8-0-0 to forward the request to the City
Council to approve a rezoning from A- 1 Agricultural to R- 1 Low Density Residential. The
applicant will accept a rezoning to R- 1 .
RECOMMENDATION:
Approval of the rezoning to R-1 Low Density Residential.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-34.00 FOR A PARCEL
CONTAINING APPROXIMATELY 2.80 ACRES LOCATED AT 6310 W.
WEDINGTON DRIVE, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY
MEL MILHOLLAND OF MILHOLLAND COMPANY ON BEHALF OF ROY
AND STEPHANIE LOVELL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classification of the following described
property is hereby changed as follows:
From A-1 , Agricultural to R-1, Low Density Residential as shown in Exhibit A
attached hereto and made a part hereof.
Section 2. That the official zoning map of the City of Fayetteville,
Arkansas, is hereby amended to reflect the zoning change provided in
Section I above.
PASSED AND APPROVED this day of , 2002.
APPROVED:
By: DRAFT
DAN COODY, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
EXHIBIT "A"
RZN 02-34,00
A PART OF THE SE '/4 OF THE NE '/4 OF SECTION 10, T- 16-N, R-31 -W MORE
PARTICULARLY DESCRIBED AS COMMENCING AT THE NORTH QUARTER-
CORNER [N '/4] OF SAID SECTION 10; SAID POINT BEING A FOUND IRON PIN;
THENCE S02-29-33W 2628.04 FEET TO THE SOUTHWEST CORNER OF THE SW '/4
OF THE NE 1/4; THENCE S87-46-02E 1322.70 FEET TO THE SOUTHWEST CORNER
OF THE SE %4 OF THE NE '/4; THENCE S87-46-02E 470.25 FEET; THENCE NO2-21 -49E
43 .33 FEET TO THE POINT OF BEGINNING; SAID POINT BEING A SET IRON PIN
ON THE NORTH RIGHT-OF-WAY OF WEDINGTON DRIVE (AR. HWY 16);
THENCE NO2-21 -49E 616.67 FEET TO A SET IRON PIN;
THENCE S87-46-02E 198.00 FEET TO A SET IRON PIN;
THENCE S02-21 -49W 615.90 FEET TO A SET IRON PIN; SAID POINT BEING ON
THE NORTH RIGHT-OF-WAY OF SAID WEDINGTON DRIVE;
THENCE ALONG SAID RIGHT-OF-WAY N87-59-21 W 198.00 FEET TO THE POINT
OF BEGINNING, CONTAINING 2.80 ACRES, MORE OR LESS, CITY OF
FAYETTEVILLE, ARKANSAS.
Planning Commission •
October 28, 2002
Page 16
RZN 02-34.00 (1016): Rezoning (Lovell, pp 396) was submitted by Milholland Company on
behalf of Roy & Stephanie Lovell for property located at 6310 W. Wedington Drive. The
property is zoned A-1 ,. Agricultural and contains approximately 2.80 acres. The request is to
rezone to R-2, Medium Density Residential.
Aviles: Item six on our agenda is RZN 02-34.00, which is a rezoning request submitted
by Milholland Company on behalf of Roy & Stephanie Lovell for property
located at 6310 W. Wedington Drive. The property is zoned A- 1 , Agricultural
and contains approximately 2.80 acres. The request is to rezone to R-2,
Medium Density Residential. Hi Shelli, would you like to give us the staff
report on this?
Rushing: I sure will. This subject property is located north of Wedington Drive. It is
between 59`h Avenue and Double Springs Road. There is a single-family house
that sits on approximately 2.80 acres. The adjacent properties are primarily
large lot single-family residential. There is vacant agricultural land across the
street. The applicant is proposing to split the lot and build an additional single-
family house. The current zoning classification of A- 1 , Agricultural has a
minimum lot requirement of two acres. Under the zoning classification, the
applicant would not be able to split the lot. Therefore, the applicant is
requesting to rezone the property from A-1 , Agricultural to R-2, Medium
Density Residential. The R-2, Medium Density Residential district does have a
minimum lot requirement of 6,000 sq.ft. which would allow them to split that
lot. The General Plan does designate this area as residential. However, the R-2,
Medium Density zoning district is not compatible with the existing density in
that area. It would allow density of up to 24 families per acre. On this
particular property it would be 13 lots or 67 families on this 2.8 acre lot.
Therefore, staff is recommending denial of this request primarily because the
resulting density is inconsistent with the existing land uses, which are
predominantly large lot single-family residential. Also, we find that the R-2
district is not necessary for what the applicant is proposing. They would be able
to split the lot, build the additional lot with an R-1 zoning. Therefore, we are
recommending denial of the R-2 but are recommending approval of an R- 1 .
Aviles: Ok, thank you very much Shelli. Is the applicant present?
Jefcoat: I am Tom Jefcoat with Milholland and Company. I did speak with Mr. Lovell
today and his intention is to build one additional single-family so he is agreeable
to the rezoning to R- 1 and would be acceptable to that.
Aviles: Thank you very much.
Shackelford: Just for public record, Stephanie Lovell, who is an applicant, is an employee of
Arvest Bank as am I, we don't work directly together, we are in different
locations. I was not intending to recuse. I visited with Kit Williams and it was
==a
FAYETTEVILLE PC Meeting of Oct. 28, 2002
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: October 24, 2002
RZN 02-34.00 (1016): Rezoning (Lovell, pp 396) was submitted by Milholland Company on behalf
of Roy & Stephanie Lovell for property located at 6310 W. Wedington Drive. The property is zoned
A- 1 , Agricultural and contains approximately 2.80 acres. The request is to rezone to R-2, Medium
Density Residential.
RECOMMENDATION:
Staff recommends denial of the requested rezoning based on the findings included as part
of this report. A rezoning to R-1 Low Density Residential would be more appropriate for
the proposed lot split and construction of an additional single family house.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: October 28, 2002
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: November 19, 2002 (First reading, if approved)
Comments:
rtAusE CO&B40"L WINcLP=r^ sTC RFr M2W210ao rl]a28l wfl_RZV02-34A
r �
BACKGROUND:
Property Characteristics: The subject property is located north of Wedington Drive, between 59th
Avenue and Double Springs Road. A single-family house sits on approximately 2.8 acres. Adjacent
properties are large lot single family houses and vacant/agricultural land across Wedington.
Proposal: The applicant proposes to split the lot and build a new house. The current zoning
classification of A- 1 Agricultural has a minimum lot requirement of two acres. Under this zoning
classification the applicant cannot split the 2.8 acre lot.
Request: The applicant is requesting to rezone the property from A- 1 Agricultural to R-2 Medium
Density Residential. R-2 Medium Density Residential has a minimum lot requirement of 6,000
square feet. The proposed zoning designation would permit the owner to split the property as
proposed.
Recommendation: Staff is recommending denial of this request. The proposed zoning would permit
up to 13 lots and 67 families. The resulting density is inconsistent with the surrounding land use,
which is predominantly large lot single-family. R-2 Medium Density Residential is not necessary for
this proposal. A zoning of R- 1 Low Density Residential is more appropriate and would allow the
applicant to split the lot and build a new house.
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North Vacant A-1 Agricultural
South Vacant C-2 Thoroughfare Commercial
East Residential A-1 Agricultural
West Residential A-1 Agricultural
INFRASTRUCTURE:
Streets: North: N/A
South: Wedington Drive (Principal Arterial)
East: 59th Avenue (Collector)
West: Double Springs Rd (Minor Arterial)
Water: 8" water line along the southern edge of the property
Sewer: . 6" sewer main along the southern edge of the property
LAND USE PLAN: General Plan 2020 designates this site residential. Rezoning this property to R-
2 Medium Density Residential is consistent with the land use plan. It is not compatible with
surrounding land uses in the area.
N:V/SFRSICOA04OWLINN3NGV pa LPCRFPOR7SI00IlOcroDalIN28V. lI R 01-34.Ex
PR
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 this property as residential. The density of 4 to 24 families per acre
permitted in the R=2 Medium Density Residential district is not compatiblewith
surrounding land use, which is predominantly large lot single family residential.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: A rezoning is necessary in order for the applicant to proceed with a lot split and
construction of a new house. The A4 Agricultural district requires a 2 acre
minimum lot area and will not permit the 2.8 acre property to be split. This can
be achieved with the R-1 Low Density Residential district. The R-2 Medium
Density Residential district is not justified for the current proposal.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: From Planning: The proposed zoning could increase traffic danger and
congestion. Wedington Dr. is a two lane road at this location. The proposed
zoning may permit up to 13 lots on this property (121,968 sq. ft. (2.8 acres) /
9,000 sq. ft. per lot) and up to 67 families (2.8 acres X 24 families permitted per
acre). The average weekday two-way volume for 64 units is 422 trips. Traffic
counts are not available at this location. Average daily volumes at 59`h Ave. and
Wedington Dr. in 2001 were 8,300. The addition of 422 trips is a 5% increase.
From Public Works: The proposed rezoning is located on the north side of
Wedington Drive (Hwy 16 W.) east of Double Springs Road. At this location
Wedington Drive is a two lane highway. The proposed rezoning from A-1 to R-
2 may or may not result in additional traffic danger and congestion for this
area. The proposed zoning allows a density of 4 to 24 families per acre. That
means a development could add 11 to 67 families on this 2.8 acre tract. The
access to the developed site and the circulation network within the development
shall be reviewed in detail as part of the subdivision or large scale development
process. The layout, connectivity, circulation plan, ingress and egress provisions
will be reviewed in detail as information becomes available.
From Police: The Police Department states that the rezoning may increase
traffic from what it is at present. The rezoning will not impact police functions
to the degree that they could not be performed adequately; therefore, the Police
Department does not oppose this rezoning request.
H.IUSFASIC LM' WLP W/NGWepnu CREPORTS 2021 CIOkA10-18Vm 17R 02-34. o
S.
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, From Planning: The proposed zoning could increase population density and
potentially increase the load on public facilities and services. Using an average
family size of 2.21 (U.S. Census for the City of Fayetteville) and the potential for
up to 67 families, the site could result in 148 additional persons.
From Public Works: The site has access to an existing 8" water line on the south
side of the property. A 6" sewer main is also located at the south of this property
along Wedington. 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.
From Fire Department: Fire hydrants will be needed, 20 feet of unobstructed
width driving surface. Response time 10-12 minutes.
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. IUSEXS1COAA/OMPLINNINGU p flsIPC RiPORIS So011Ociober110.181LoveI RZN01-34.doc
S.
••
From Chapter 161 Zoning Regulations
City of Fayetteville Unified Development Ordinance
§161_03 iDISTRICTA=1 �AGRICU LTURA G.
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,Miiiinuni
200:fti
LotArea Minirtium
Residential
2 acre
.: ntial
sidential
2.acte
Lot Area PerDwelling Unit
2 acre
D. Yard Reouirements (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)
N:IUERsxoaanrvwL jNGIR.n UI0CREPORrs mvataro illy 2svmriiRZN03.34.ea
From Chapter 161 Zoning Regulations
City of Fayetteville Unified Development Ordinance
t.;$ )ISTRICT,R;2 MEDIUwDENSr�rY
RESIDENTIALI
A. Purpose. The High Density Residential
District is designed to permit and encourage the developing
of a variety of dwelling types in suitable environments in a
variety of densities.
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.
FamiliesPj;rAcre 4to24
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
Professional Offices
100 Feet
2. Lot Area Minimum.
Mobile Home Park
3 Acres
Lot Within a Mobile
4,200 Sq. Ft.
Home Park
Row House:
Development
10,000 Sq. Ft.
Individual Lot
2,500 Sq. Ft.
Single -Family
6;000;Sq 3Ft?
r
••
Two-Emnily
71QQ0iSq"Fti
T ec .or Mdre
90,,,,,b, Sq'.Ft!
Fraternity or Sorority
2 Acres
Professional Offices
I Acre
§16P04yDISTRICT°R'1 ,LOWtDENSIT=Y
RESIDEIV7'dAL.
A. Purpose. The Low Density Residential
District is designed to permit and encourage the
development of low density detached dwellings in suitable
environments, as well as to protect existing development of
these types.
B. Uses.
3- Land Area Per Dwelling Unit. 1. Permitted Uses.
Mobile Home
3,000 S .
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
F. Vnrd Rennirementc (feefl.
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.
(Code 1991, § 160.033; Code 1965, App. A, Art. 5(111);
Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81)
N:IUSEK%COMWOMPLANNINGIRep nslPC RFPORIS 20021Qnoder110.28V.owl 202-34, &r
Unit I
City -Wide Uses by Right
Unit 26
Single -Family. Dwelling
2. UsesPermissible 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 8
Single -Family and Two -Family Dwellings
r nrnaih_
SINGLE-FAMILY
TWO FAMILY
DWELLINGS
DWELLINGS
4 or Less Families Per
7 or Less Families Per Acre
Acre
n Rnik and Aren Reonintinns
Single -Family
Two -Family
Lot
7O
80 ft.
Minimum
Width
LotFkeii
8,000 sq ft
12,000 sq.ft.
Minimum
Land-Areii
8000 sq: ft
6,000 sq. ft.
PertDwelling
Unit
E. Yard Requirements (feet).
FRONT YARD
SIDE YARD
REAR YARD
25
8
20
F. Building Area. On any lot the area occupied
by all buildings shall not exceed 40% of the total area of
such lot.
(Code 1991,§160.031)
Planning Commission •
October 28, 2002
Page 17
not recommended that I recuse but I did want to make that part of the public
record and will recuse if any Planning Commissioner feels I should.
Aviles: Thanks Commissioner, I don't feel that is necessary from my perspective. Is
there anybody else? I will go ahead and take public comment. Is there any
member of the public that would like to address us on this rezoning? Seeing no
one, I will go ahead and bring it to the Commission and the applicant for
discussion and motions.
Bunch: Do we need to deny the R-2 zoning and then make a motion for R-1 or can we
go straight forward with an R -I?
Aviles: I think we can just go with the R-1. I believe we have done that in the past. Mr.
Williams, is that acceptable?
Williams: I see Tim nodding his head over there. I think you can go directly to make a
recommendation to the City Council that they rezone this to R-1.
MOTION:
Bunch: Seeing that the applicant is with the understanding that R-1 is what is necessary
to accomplish the job at hand and also that it would give the type densities that
staff is recommending. I will move that we forward RZN 02-34.00 to the City
Council with our approval.
Aviles: Thank you. I have a motion by Commissioner Bunch, do I hear a second?
Hoover: I will second.
Williams: That was to R -l?
Bunch: Yes, we are recommending R-1 to the City Council.
Aviles: Is there further discussion? Renee, would you call the roll please?
Roll Call: Upon completion of roll call the motion to forward RZN 02-34.00 was approved
by a vote of 8-0-0.
Aviles: Thank you Renee, the motion carries unanimously. Thank you gentlemen.
S. Si
Lovell
Summary of Trip Generation Calculation
For 64 Occupied Dwelling Units of Low -Rise Apartment
October 17, 2002
Average
Standard
Adjustment
Driveway
Rate
Deviation
Factor
Volume
Avg. Weekday 2 -Way Volume 6.59
2.84
1.00
422
7-9 AM Peak Hour Enter 0.09
0.00
1.00
6
7-9 AM Peak Hour Exit 0.38
0.00
1.00
24
7-9 AM Peak Hour Total 0.47
0.70
1.00
30
4-6 PM Peak Hour Enter 0.38
0.00
1.00
24
4-6 PM Peak Hour Exit 0.20
0.00
1.00
13
4-6 PM Peak Hour Total 0.58
0.77
1.00
37
Saturday 2 -Way Volume 7.16
2.96
1.00
458
Saturday Peak Hour Enter 0.31
0.00
1.00
20
Saturday Peak Hour Exit 0.27
0.00
1.00
17
Saturday Peak Hour Total 0.58
0.77
1.00
37
Note: A zero indicates no data available.
Source: Institute of Transportation Engineers
Trip Generation, 6th Edition, 1997.
TRIP GENERATION BY MICROTRANS
H:IUSFRIICOMMOMPLANNINGIRepnnlPC REPORTS 20021OcloberU0-281Lowl/ R]N02-34.dor
.1
.s
fll;LELJam j
&yineeriny &Surveying
Melvin L. Milholland, PE, PLS
October 4, 2002
City of Fayetteville
Mr. Tim Conklin, Planner
113 West Mountain Street
Fayetteville, Arkansas 72701
RE: LOVELL REZONING & LOT SPLIT
Project No. S-2304
Dear Tim:
REGISTRATIONS:
PE: AR, OK, MO
PLS: AR, OK
In response to the City of Fayetteville Application for Rezoning, the following is submitted:
5.a. Current ownership and proposed/pending property sales:
Roy V. Lovell, Jr. and Stephanie A. (Easterling) Lovell
6310 Wedington Drive
Fayetteville, AR 72704
No pending sales at this time.
5. b. Reason for requesting zoning change:
Owner wants to split off older home, rebuild new house
S. c. Surrounding properties: land use, traffic, appearance and signage:
To the North: Unimproved, one (1) single family;
To the East: Unimproved with Single Family;
To the South: Arkansas Highway No. 16 and Commercial Development;
To the West: Older Single Family Residential Home and Commercial;
Traffic is low to moderate presently, except school traffic;
Appearance and Signage will be discussed during LSD Reviw.
5.d Water and sewer availability, line size:
6" Water and 6" Sewer
6.a. The degree to which the proposed zoning is consistent with the land use planning
objectives, principles, and policies and with land use and zoning plans:
In compliance with City Land Use Map.
205 West Center Street; Fayetteville, Arkansas 12101; Phone: (419) 443-4124; Fax: (419) 443-4101; E-mail: MC0engr( swbell.net
a .t
m&/2J Company REGISTRATIONS:
f]ninearirff &Surveyin$
PE: AR, OK, MO
Melvin L. Milholland, PE, PLS PLS: AR, OK
Lovell Rezoning & Lot Split
October 2, 2002
Page Two (2)
6. b. Whether the proposed zoning is justified and/or needed at the time of the request:
Yes, for "Tract Split" (suggested by City Planner)
6. c. Whether the proposed zoning will create or appreciably increase traffic danger and
congestion:
No
6.d Whether the proposed zoning will alter the population density and thereby undesirably
increase the load on public services including schools, water, and sewer facilities:
No
6.e. Why it would be impractical to use the land for any of the uses permitted under its
existing zoning class if cation:
Will not allow for additional residential use (in this case, a new house).
Your favorable review is appreciated!
Melvin L. Milh , PE, PLS
cc: Roy & Stephanie Lovell
file
C:\MyFdes\FORMS\Faycttevilc\Remne S-2304 Lovell Ltr-Planning.wpd
205 West Center Street Fayetteville, Arkansas 12101; Phone: (479) 443-4724; Fax: (419) 443-4701; E-mail: MC0engr(' ?swbell.net
.
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Close Up View
C-2 .
LOVELL
SUBJECT PROPERTY
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arcoLE 6y
A I R -O
Overview Legend Boundary
Subject Properly r Master Street Plan
-- RZN0234.00 \�'Planninp Ana
000 o Oveti rlay District Freeway/Expressway00000 Streets L
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Collector
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�' 0 75 150 300 450 600
Feet
RZN02-34.00
Future Landuse
LOVELL
:.. 7777....... .. 7777.. 7777.... 7777....
77.77. 7777.. .........
+ }
... 77..77 .. .. .. .. .. .. .. .. .-
Overview Legend
-- -- - Subject Property Streets
® RZNO234.00 r_i E,dsang
Planned
Boundary
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CP000%
o Oveday District
000000
L _ _J City Limits
0 75 150 300 450 60Qeet
Future Landuse
Parks
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Residential
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Historic Commercial
Community Commercial
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Neighborhood Commercial
ORegional
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industrial
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One Mile View
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Overview ---- 96roPerb +-. Planrun Area
+ B Master S~ Plan
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0 0.1 0.2 0.4 0.6 0.
files
R -t
FAYETTEVII!LJE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDE
To: Tim Conklin
From: Heather Woodruff, City Clerk
Date: December 9, 2002
Attached is a copy of Ordinance No. 4443 rezoning property described in rezoning
petition RZN 02-34.00 for a parcel containing approximately 2.80 acres located at 6310
W. Wedington Drive, Fayetteville, Arkansas as submitted by Mel Milholland Company
on behalf of Roy and Stephanie Lovell.
The original will be microfilmed and filed with the City Clerk.
cc: Nancy Smith, Internal Auditor
John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
S) t
4% I *ti U 'rjsx j'i V" I P
AFFIDAVIT OF PUBLICATION
I, do solemnly swear that I am
Leg I 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:
(s<l et- 9'K4& was inserted in the regular editions on
** Publication Charge: $ ///
Subscribed and sworn to before me this
day of , 2003.
Public
My Commission Expires: r5 - I -G7
** Please do not pay from Affidavit"
An invoice will be sent
SEAL
EA
ASP. 05/01/07
RECEIVED
APR 21 2003
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
AT PROPERTY DESCRIBED IN
02-34.00 FOR A PARCEL
2.80 ACRES LOCATED AT
COMPANY ON BEHALF OF ROY AND STEPHANIE LOVELL. _ City of Fayeff®vilhe
BE IT ORDAINED BY THE CRY COUNCIL OF THE CRY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the zone cl s fication of the following described property is hereby changed as follows
From A-1, Agncutturel to R-1, Low Density Residenibl as shown in Exhibk 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 3rd day of December, 20D2.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
EXHIBIT "A"
RZN 02-34.00
OF THE SE 'GAF THE NE'/. OF SECTION 10, T -16-N, R -31-W MORE P
3ED AS COMMENCING AT THE NORTH QUARTER CORNER IN Al'OF SAID
NT BEING A FOUND IRON PIN; THENCE S02 -29-33W 2628.04 FEET TO THE
I OF -THE SW /A OF THE NE 'G; THENCE S87 -46-02E 1322.70 FEET TO THE
I OF THE SE'/. OF THE NE '/4; THENCE S87 -46-02E 470.25 FEET, THENO
ET TO THE POINT OF BEGINNING SAID POINT BEING A SET IRON PIN OP
F- WAY nP N6n'n'n_rnn, nnnT i... ---------. _
IRON PIN; THENCE S87 -46-02E 198.00 FEET TO A SET
FEET TO A SET IRON PIN; SAID POINT BEING ON THE NOF
DAME; THENCE ALONG SAID RIGHT-OF-WAY N87 -59 -
BEGINNING, CONTAINING 2.80 ACRES, MORE OR LESS,
212 NORTH EAST AVENUE • P.O. BOX 1607 •
APR -14-2003 11:00
AR DEMO GAZ CLASS
501 442 1760
•
P.02/04
4443 4/14/03 10:54 AM e 1
4443 2914
SUBMITTED 6Y MEL FIOTN WD OW MILMOLLL, wt/ Of Fa COIIroTYD BEHNf OF ROT AND STENWO LOVELL.
W IT ORDANFD BY TIE Cm COUNCIL OF THE CITY OF FAVETIEVI.Lf. APNANSAS',
Soctc 1. T aI lM me tlaSMMlan al M 704evSFJ 44soiad w'OaTb a AM4er 4Ar9 W as blowe
FVO n A-1. Aq.UAVS V RI. LOw D...., i1CGMMd IS PYNalYL1 A NfJ1b ILI00 W neyA1
a Pen neMG1.
Soar 2. msl IM 011CN 201+9 nMP o111N City at Fiyhlw4w Aka.aP. a Aety ,nand0 MGGI
1M h Sflyi I dt0ye.
PASSED wW APPPOVW ox IN 10 4e/ W Daoenaa, 2002.
MPROVED:
Q
DAN �y..1oyw
ATTEST:
BY
H4a1Aa l\bPi)Td,ry OCN%
__.. ._ EWIIWTW
IQN02-3400
APART OF THE SE -1. OF THE NE V. OF SECTION 10, 1 -1S -N, fl -31-W MONI
DESCAOED AS CCMMENCMG AT TLE NOITTI OllARTEA CORNER IN'14 OF &
SNO PONT SEND A F0171D NON PN: THENCE 502.29-33W 2621.01 FEET TOT
CORFHe OF THE SW V. OF THE NE V. THENCE S$73t-02& 1322.20 F&&T TOT
CORNER OF Thu SE V. OF THE NE'/.; THENCE S92.4&02E 42026 FEET; THE
1332 FEET TO THE PONT OF BEOWMNO: SAD POINT BEING A SET FION PIN
RGHFOF-WAY OF WEDPRTON ORAE I. HH'Y 1B: THENCE ND2-21-49& &169
F1ON PN: THENCE S91-16O2E g000 FEET TO ASE? IRON PIN THENCE SOQ
PEST TO ASET 3NVW; SAA POINT BEND ON THE NORT$ IWrHT.OF.WAY OF S
OPNE THENCE-ALONO'SNO A HT4F.WAY'NOT.%27W' 19900 FEET'TO
BEG2NNG, CONTNMNO jay ACRES. MORE OR LESS. CITY OF FAVETTEM LE.
4
I IA
•I
RPR-11-2003 14:12
RR DEMO GRZ CLASS
•
501 442 1760
•
P. 05/07
4443 4/11/03
12:S9
PM 0 1
7
1.16 N EEK F of Fro/ no STEntncE i 1616 116 Gly of Fayettev71e
R DNDNNED BY tHE CITY cotta. Ct TIE CT' OE FAYETTEYtLE. M tANSIS:
.W I. ma bM mM dgntlI011 of BM IObNng OBRvI0e0 DMDltl M M1by CMnOIO Y M1OWW
mA-1, qtJIS bN.I. ILv Dcsy iWb/Ntl a 1Mvn m ait A emitlgd IwM at ma
2. Will the ORdel fOIYID mepaI Pe CRY at FlyetlbNe, 44tn2, 6 NMby imbMRJ to mleel
'J O RR V o+0.d N Silgn 1 0"
aM 6FIitCWD WA 'PS Id day d OeeS. 2002.
Wt hot'
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02..00
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