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:
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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.
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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.
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