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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