HomeMy WebLinkAboutOrdinance 4461 ORDINANCE NO. 4461
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 03-2.00 FOR A PARCEL CONTAINING
APPROXIMATELY 3.36 ACRES LOCATED AT THE SOUTHEAST
CORNER OF CROSSOVER ROAD AND ALBRIGHT ROAD,
FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY DAVE
JORGENSEN OF JORGENSEN & ASSOCIATES ON BEHALF OF
MARK FOSTER
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-O, Residential Office 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 41h day of February, 2003 .
1t A �'E
APPROVED:
J By DAN COODY, Mayor
0
ATTEST:
By: Doe ID : 004358010002 Tvoe : R
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Sondra Smith, City Clerk Recorded : 03/07/2003 at 10 : 46 : 49 An
Fee Amt : $11 . 00 Pace 1 of 2
Nashinoton Countv . AR
Bette Stamps Circuit Clerk
File2003-00015858
EXHIBIT "A"
RZN 03-2.00
PART OF THE SE /40F THE SW '/4 OF SECTION 18, T17N, R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS : BEGINNING AT THE NW CORNER OF SAID SE '/4, SW '/4 THENCE
S00026 '02"E 110.00 FEET TO THE P.O.B., THENCE N8903355815E 122.33 FEET,
THENCE S32050729"E 378. 17 FEET, THENCE S00026'0299E 231 .35 FEET, THENCE
S89040'40"W 325 .00 FEET, THENCE N00026102"W 549.99 FEET TO THE P.O.B. ;
CONTAINING 3 .36 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT
OF WAY OF RECORD.
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NAME OF FILE: Ordinance No. 4461
CROSS REFERENCE:
Item # Date Document
1 02/04/03 10rd. 4461 w/Ex. "N'
2 01 /20/03 IStaff Review form w/attachments:
copy of 1 /17/03 memo to mayor/city council
draft ordinance
copy of Planning Commission minutes pertaining to subject
property
copy of 1 /9/03 memo to Planning Commission
copy of subject property file from planning division
3 02/11 /03 memo to Tim Conklin
4 02/11/03 Affidavit of Publication from NW Ark, Gazette
NOTES:
NORTHWEST ARKANSA EDITION
Arkansas amomt 05azette
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:
�J ���P was inserted in the regular editions on
Publication Charge : $
Subscribed and sworn to before me this
day of C 2003.
Notary Public
M mrr1��Q��` ORDINANCE NO. 4481
IN
NPw\NG10p"es ,1 REZONING ORDINANCE
TMONI RZN 0NG THAT32.00 FOR PEREAC PIARCEL
pI \SSp CONTAINING APPROXIMATELY 3.38 ACRES LOCATED AT THE
((1 SOUTHEAST CORNER OF CROSSOVER ROAD AND
•• ALBRIGHT ROAD, FAYETTEVILLE, ARKANSAS. AS
P ag pay from Affidavit. SUBMITTED BY DAVE JORGENSEN OF JORGEN 'EN 8 Ck p} FayetWille
An ' Dice will be sent ETES ON BEHALF OF MARK FOSTER
BE R ORDAINED BY THE CRY COUNCIL OF THE CITY OF FAYETTEVILLE. ARKANSAS:
Section 1: That the Zone dassikatbn of the foes tV Aescr bed PrcPerty Is hereby dlargeo as IdbWs:
From A-1, AgrlaiNal to R-0. Residential Office as ehwm in
Ext RW attached hereto era macle a Pert hereof.
Section 2. That Vle official zonbg map of the City of Fayette Mile, Arkensas, Is hereby amended to reflect
V1e zw*g dlerga prwiCect n Section t above.
PASSED ant! APPROVED Vis the 4M day of Febnmry, 2000.
APPROVED:
By.
DAN COODY Mayer
ATTEST.
By^
Sonora Smlm, tatty Clerk
EXHIBIT Wv
RZN 03-2.00
PART OF THE SE _ OF THE SW _ OF SECTION 18, T17N, R29W IN WASHINGTON COUNTY,
ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE FAN
CORNER OF SAID SE � SW _ THENCE S00028'02-E 110.00 FEEF TO THE P.O.B., THENCE
N89'33'58'E 122.33 FEET, THENCE S32°50'29'E 3]8.1] FEET, THENCE S01728'07E 231.35 FEET
THENCE S89040'4OYJ 325.00 FEET. THENCE N00028'021V 549.99 FEET TO THE P.O.B.;
CONTAIMNG 3.3B ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF
RLROpRD.
212 NORTH EAST AVENUE • P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 • (501 ) 442-1700
FAYETTEA LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, Director
Community Planning & Engineering Services
From: Clarice Buffalohead-Pearman
Sr. Secretary
Date: 2/11/03
Re: Ordinance No. 4461
Attached is a copy of Ordinance No. 4461 rezoning that property described in rezoning petition
RZN 03-2.00 for a parcel containing approximately 3.36 acres located at the southeast corner of
Crossover Road and Albright Road, Fayetteville, Arkansas, as submitted by Dave Jorgensen of
Jorgensen & Associates on behalf of Mark Foster.
This ordinance will be microfilmed and filed in the Fayetteville City Clerk's office, and filed with the
Washington County Clerk.
cc: Nancy Smith, Internal Auditor
John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
W . Ow
RMv3exoo
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of February 4 , 2003 .
FROM:
Tim Conklin Planning Urban Development
Name Division Department
ACTION REQUESTED : To approve an ordinance for RZN 03 -/3 . 00 as submitted
by Dave Jorgensen of Jorgensen & Associates on behalf of Mark
Foster for property located at the southeast corner of crossover
and Albright Road . The property is zoned A- 1 , Agricultural and
contains approximately 6 . 65 acres . The request is to rezone to
R-0 , Residential -Office .
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 Manager Date ADA Coordinator Date
Cif ,�Y �----�_ I • l� •a'
I Cly y Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval and on January 13 ,
2003 the Planning Commission voted 9 - 0 - 0 to recommend that the
City Council approve the requested rezoning .
/ 7 - ol Cross Reference
Division Head Date
Dep men D ' ector Date New Item : Yes No
Adififni ra ive Services Date Prev Ord/Res# :
Director
Mayor Date Orig Contract Date :
FAYETAVILLE
City Council meeting of Feb. 4, 2003
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501 ) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coolly
Fayetteville City Council
FROM: Shelli Rushing, AICP, Associate Planner
THRU: Tim Conklin, City Planner
DATE: January 17, 2003
RZN 03-2.00: Rezoning (Foster, pp 60) was submitted by Dave Jorgensen of Jorgensen &
Associates on behalf of Mark Foster for property located at the southeast corner of Crossover and
Albright Road. The property is zoned AA , Agricultural and contains approximately 3 .36 acres. The
request is to rezone to R-O, Residential Office.
BACKGROUND:
The subject property is located south of Albright Road and fronts on Crossover Rd. The property is
just south of the city limits and the City of Springdale is to the north. Stonewood Subdivision is
located immediately to the south of the subject property. It is Tract 1 of the whole property. The
applicant is proposing to build offices on this tract.
The Engineering Division, Police Department and Fire Department have responded to the rezoning
request. There does not appear to be concern for providing adequate public facilities at this location
for the requested zoning designation.
The proposed zoning is consistent with the Future Land Use Plan, which identifies this area as
residential. R-O, Residential Office includes residential uses. The area to the south of the subject
property is shown as office on the Future Land Use Plan.
Staff recommends approval of the requested zoning. The subject property has adequate access for
office uses with the frontage on Crossover Rd. The R-O zoning serves as a buffer between the
proposed single-family residential to the east. The property to the south is zoned R-O, Residential
Office.
CURRENT STATUS:
On January 13, 2003, the Planning Commission voted 8-0-0 to recommend to the City Council
approval of the requested rezoning.
RECOMMENDATION: �—
Approval of the requested rezoning from A- 1 to R-O.
K.MPOR7S120031CCREPOR7SIFEBRUAR8RZN03-2 FOSTERDOC
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 03-2.00 FOR A PARCEL
CONTAINING APPROXIMATELY 3.36 ACRES LOCATED AT THE
SOUTHEAST CORNER OF CROSSOVER ROAD AND ALBRIGHT ROAD,
FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY DAVE JORGENSEN
OF JORGENSEN & ASSOCIATES ON BEHALF OF MARK FOSTER
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-O, Residential Office 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 92003,
APPROVED:
DRAFT
By:
DAN COODY, Mayor
ATTEST:
By. DRAFT
Heather Woodruff, City Clerk
EXHIBIT "A"
RZN 03-2.00
PART OF THE SE '/< OF THE SW '/4 OF SECTION 18, TI 7N. R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE NW CORNER OF SAID SE '/4, SW '/< THENCE
S000261027'E 110.00 FEET TO THE P.O.B., THENCE N89033 '5891E 122.33 FEET,
THENCE S32050129"E 378. 17 FEET, THENCE S00026102"E 231 .35 FEET, THENCE
S89040'40"W 325.00 FEET, THENCE N00026'02"W 549.99 FEET TO THE P.O.B. ;
CONTAINING 3 .36 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT
OF WAY OF RECORD.
Planning Commis**
January 13, 2003
Page 41
Aviles: Our seventh item this evening is a rezoning and it carries with it a
companion item, seven and eight go together but they are two different
rezoning requests. RZN 03-2.00 is a rezoning for Foster submitted by
Dave Jorgensen of Jorgensen & Associates on behalf of Mark Foster for
property located at the southeast corner of Crossover and Albright Road.
The property is zoned A- 1 , Agricultural and contains approximately 3 .36
acres. The request is to rezone to R-O, Residential Office. Staff is
recommending approval of the requested rezoning. Shelli, do you have
the staff report?
Rushing: Yes Ma'am. This property is located south of Albright Road and fronts on
Crossover Road. The property is just south of the city limits, the City of
Springdale is to the north of this property. This property is also north of
the Stonewood Subdivision, which is located immediately south. The two
rezonings that you have before you tonight, seven and eight, seven is in
regard to tract one, number eight is in regards to tracts 2, 3, and 4 as
provided on the site plan. The applicant is proposing to build offices on
tract one. In order to do so the applicant is requesting the Residential
Office zoning district. This property is designated as Residential on the
General Plan 2020. 1 do want to point out that the area to the south of the
subject property is identified as office on the future land use plan. We
have also spoken with the fire department, police department, and
engineering. The fire department indicates a response time of seven to
eight minutes and that fire hydrants would likely be needed at the time of
development. The police department did not have any concerns about this
requested rezoning and we feel that this property does have adequate
access for office use with its frontage on Crossover Road. Also, it serves
as a buffer between the proposed single-family in the next rezoning
request, the property to the east and also the property to the south is zoned
R-O, Residential Office. We are recommending approval. I do want to
point out to you that prior to the meeting I handed out a map of other R-O
zoning along Crossover Road. This was a question that was brought up at
agenda session. The map shows you where some of the other residential
property is along Crossover Road north of Joyce. Some of those
properties you will see have been undeveloped. The ones that are
developed are either under construction, we have a funeral home under
construction in an R-O district at Zion Road and Crossover and then at
Joyce and Crossover is the Millenium Development and right now they
have a fairly low vacancy rate and some of the buildings are still under
construction. We just provided this map to give you an idea of some of
the other development as well as zoning along Crossover Road.
Aviles: Thank you Shelli. Is the applicant present?
Planning Commiss •
January 13 , 2003
Page 42
Jorgensen: I am Dave Jorgensen on behalf of the owner and developer on this I am
here to answer questions and see if we can move this along.
Aviles: Thank you Dave. Is there any member of the audience that would like to
address us on this rezoning request for R-O? Yes Sir, if you will come
forward and say your name.
Nooncaster: My name is John Nooncaster. I have a question as far as clarification. I
had a conversation with city staff today and it refers to tracts one, two,
three, and four. Is this going to create lots that are actually going to go
forward with this or is this just a rezoning of two different acreages?
Rushing: This is simply for the rezoning. This is not a subdivision at this time.
This is simply split up to show how they would be bringing forward their
rezoning request.
Aviles: There are two different areas. The one by Crossover is requested to be R-
O, Residential Office. Behind and to the side of that is R- 1 , Residential.
Should this go forward through the Planning Commission to City Council
and be approved all that way then they would come back with a
subdivision plat. Is there anyone else that would like to address us on this
rezoning? Seeing no one, I will go ahead and bring it back to the
Commission for discussion, motions, and to the applicant.
MOTION:
Ward: I will go ahead, I think this is appropriate to rezone this to R-O. I don't
think having too much R-O along Hwy. 265 is a real concern at this time.
I don't think there is much out there personally. I believe that I will move
for approval of RZN 03-2.00 for this 3 .36 acres.
Aviles: Thank you Commissioner Ward. I have a motion for approval.
Shackelford: I will second.
Aviles: There is a second by Commissioner Shackelford. Is there additional
discussion?
Shackelford: I just want to make one quick comment. We saw the same type of
development just south of this property and the R-O is proving to be a
good buffer between the highway and the neighborhood behind so I think
it is good that we see this structured, it will help us look at the project
going forward so that is why I am supporting it at this point.
