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Home My WebLink AboutOrdinance 5016 IIIIIIII1111111111IIIINIIIIIIIII1111111111111111I IIIIIIIIIIII1111III1111 Doc ID : 011206000003 Tvoe : REL Recorded : 06/01/2007 at 01 : 15 : 48 PM Fee Amt : $14 . 00 Pace 1 of 3 i Mashlncton Countv . AR Bette Stamos circuit Clerk f File 2007-000208891 ORDINANCE NO. 5016 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 07-2520, FOR APPROXIMATELY 1 .50 ACRES, LOCATED AT 4041 WEST WEDINGTON DRIVE FROM R-A, RESIDENTIAL AGRICULTURAL TO R-0, RESIDENTIAL OFFICE. 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-A, Residential Agricultural to R-0, Residential Office, as shown on Exhibits "A" and `B" 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 15th day of May, 2007. APPROVED: ATTEST: By: By: ' DAN COODY, Mayo SONDRA E. SMITH, City Clerk/Treasurer `p,pprrrrprrp GT pF SCGpa 'c ; FAYETTEVILLE • ,, ti'. �o 1.36 t�. - � '=71 . t h Y Ji ^. �Yi�Y3S 'E s . x .j` }, `� " 1 h • ( < � 3� xw. Y vC ZVI- nTT 'a"v'`��se f v i ViI pp 4" LaY�tS Rill" In ",, � s, < iv } . M�''Ny y� ff[s l . . � '_' �s <'�t� ., {(�`• �U' xzra �y `rnr _ kj OWN Ir nr- ` � FfN�i'a �� ` 7r'3' '#�4� x•rk'Av'� §t�ry°�i�4 e tjr �S s - v "=F2al t ➢ �fi`+ r�. -H v EXHIBIT "B" RZN 07-2520 PART OF THE NORTHWEST QUARTER (NWI /4) OF THE SOUTHEAST QUARTER (SEI/4) OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS ; COMMENCING AT THE NORTHEAST CORNER OF THE NWI /4 OF THE SEI /4 OF SAID SECTION 12; THENCE SOUTH 0°53 '42" WEST 40.67 FEET; THENCE NORTH 88°26'50" WEST 647.08 FEET TO A FOUND IRON PIN ON THE SOUTH RIGHT-OF-WAY LINE OF ARKANSAS HIGHWAY NO. 16, THENCE ALONG SAID RIGHT-OF-WAY NORTH 88025 ' 58" WEST 210.08 FEET; THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 0005 ' 19" EAST 311 .73 FEET; THENCE SOUTH 89° 18' 53" EAST 210.00 FEET TO A FOUND IRON PIN; THENCE NORTH 0°05 ' 11 " WEST 308.50 FEET TO THE POINT OF BEGINNING CONTAINING 1 .50 ACRES, MORE OR LESS. Washington County, AR ` I certify this instrument was filed on f 06/01 /2007 01 : 15:48 PM and recorded in Real Estate f File Number 2007-0002088 Bette Stamps - Circuit I by oei�) • S � IS �U � City of Fayetteville sd I to Staff Review Form City Council Agenda Items , I oq, or N Contracts moKc ► l�f) 15-May-07 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: RZN 07-2520: (Karas, 439): Submitted by Robert Karas for property located at 4041 W. Wedington Drive. The property is zoned R-A, Residential Agricultural and contains approximately 1 .50 acres. The request is to rezone the subject property to R- O, Residential Office. Action Required: n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project Category Name nla n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a De ment irec or Date Original Contract Date: n/a Original Contract Number: n/a ZS - o? City owfleg p Received in City CI s Oe `i �.►, -, 9.x-0 t IWERE Finance and Internal Service Director Dale Received in Mayor's Office E! € Mayor Date Comments: City Council Meeting of May 15, 2007 Agenda Item Number CITY COUNCIL . AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations $ From: Jeremy C. Pate, Director of Current Planning0' Date: April 24, 2007 Subject: Rezoning for Karas (RZN 07-2520) RECOMMENDATION Planning staff recommended and the Planning Commission voted in favor of rezoning the subject property from R-A, Residential Agricultural to R-O, Residential Office for approximately 1 .5 acres located on Wedington Drive west of Rupple Road in west Fayetteville. BACKGROUND The property under review consists of 1 .5 acres on Wedington Drive west of Rupple Road. The property contains one residential structure. The property is zoned R-A and is bordered by the Catfish Hole Restaurant to the east, undeveloped land to the west and north zoned R-O, and the Meadowlands residential subdivision to the south. A request to rezone the subject property from R-A, Residential Agricultural to C-1 , Neighborhood Commercial (Mariscal 06-2201) was brought before the Planning Commission on August 28, 2006. Staff recommended denial of the rezoning request, funding that the rezoning request was not consistent with the Interim Future Land Use Plan, which designated the subject property for Residential Use. Additionally, staff had concerns with rezoning the property to C- 1 as it could encourage "strip-center-type development," which would not be consistent with the existing land use policies. The Planning Commission voted to forward the request to the City Council with a recommendation for approval ; however, the request was denied by the City Council on October 6, 2006. DISCUSSION This item was heard at the regular Planning Commission on April 23 , 2007. The Planning Commission voted 9-0-0 to recommend approval of this rezoning request to the City Council. No public comment was received. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 07-2520, FOR APPROXIMATELY 1 .50 ACRES, LOCATED AT 4041 WEST WEDINGTON DRIVE FROM R-A, RESIDENTIAL AGRICULTURAL TO R-O, RESIDENTIAL OFFICE, 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-A, Residential Agricultural to R-O, Residential Office, as shown on Exhibits "A" and `B" 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 12007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer t i Irrr � t J V�iZ- 'gi Jilt ''?RIM \y' S Y�'�� .div \'.rkIg",r�;� .r "�dl, .4'S�syP#."' �< z ��x., F5 '; i� ° r ` �` � • � t5,�'i ��,yN�a�£s �' ` �+"�t�`,y+ �'��. L(ya 110. gtum l21,� �a< 16 �' � ;• .sK .. �� -.' y r�:.ai r�`n '// ��2„� {Pc�iv`+ S �, X ��'F t"tp� Wm lLij i S. Merry � 6011. G rxA'y'xi' "b Y.esr hM Z'jclyt3.'`ra s.YA g m F ? s.^^53 .,,�.�'•=�"'.._ 1vY, . s-t`_ :,, tr � EXHIBIT "B" RZN 07-2520 PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SEI/4) OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF THE NWI /4 OF THE SEIA OF SAID SECTION 12; THENCE SOUTH 0°53 '42" WEST 40.67 FEET; THENCE NORTH 88°26' 50" WEST 647.08 FEET TO A FOUND IRON PIN ON THE SOUTH RIGHT-OF-WAY LINE OF ARKANSAS HIGHWAY NO. 16, THENCE ALONG SAID RIGHT-OF-WAY NORTH 88025158" WEST 210.08 FEET; THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 0005 ' 19" EAST 311 .73 FEET; THENCE SOUTH 89° 18 '53" EAST 210.00 FEET TO A FOUND IRON PIN; THENCE NORTH 0'05 ' 11 " WEST 308.50 FEET TO THE POINT OF BEGINNING CONTAINING 1 .50 ACRES, MORE OR LESS. Fayetrle PC Meeting of April 237 2007 ARKANSAS THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner - Matt Casey, Assistant City Engineer THRU : Jeremy Pate, Director of Current Planning DATE: AV4 'ten. °r M0-7 Updated April 24, 2007 RZN 07-2520: (KARAS, 439): Submitted by ROBERT KARAS for property located at 4041 W. WEDWGTON DRIVE. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 1 .50 acres. The request is to rezone the subject property to R-O, RESIDENTIAL OFFICE. Planner: Jesse Fulcher Property Owner: Robert Karas RECOMMENDATION: Staff recommends approval of the requested rezoning to R-O, Residential Office, based on the findings included as part of this report. �> , -n {� � � � tet•. PL�:ANYNING.COMMISSION+ACTION Y �Regmred a�"�' _ �' ' � ; °,. dy'.+ �fYr r F�' � ° "" � E , � � + �'• x27 Motion TCumbO` 5` ,52t � t tip SecondGraves � � Vote <19':0'0 U 3 � 'W'3k z RafeAtprd23 2007 n �� ^Forwardedi 1 v0 Approved b Denied � Srk � xt* � ,y t � a - per» I k � *y_ CI Y COUNCIL ACTION a � �` Required +� YES f` > ".;� ,+ -"•' .. it', ��c 2` �a wk L'L. h W.a: APprrcoved M2h tr�"S ww'fi "'s a❑!--N' n a � n snn� ' n " 'g .. eX f' ,lrM1t.3' ..r'� Comments: K:IReportr120071PC Reporls104-13-071RW 07-1520 (Kara ).doc 1 Property Description: The property under review consists of 1 .5 acres on Wedington Drive west of Rupple Road in west Fayetteville. The property contains one residential structure. The property is zoned R-A, Residential Agricultural. As depicted on Table 1 , the property is bordered to the east by the Catfish Hole Restaurant, undeveloped land to the west and north zoned R-O, and the Meadowlands residential subdivision to the south. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped R-O, Residential-Office South Meadowlands residential subdivision RT-12, Residential Two and Three Family East Catfish Hole restaurant C-1 , Neighborhood Commercial West Undeveloped R-O, Residential-Office Previous Rezoning Request (Mariscal 06-2201): A request to rezone the subject property from R- A, Residential Agricultural to C- 1 , Neighborhood Commercial was brought before the Planning Commission on August 28, 2006. Staff recommended denial of the rezoning request, finding that the rezoning request was not consistent with the Interim Future Land Use Plan, which designated the subject property for Residential Use. Additionally, staff had concerns with rezoning the property to C- 1 as it could encourage "strip-center-type development," which would not be consistent with the existing land use policies. The Planning Commission voted to forward the request to the City Council with a recommendation for approval; however, the request was denied by the City Council on October 6, 2006. Proposal. The applicant proposes a rezoning of the subject property to allow for the development and operation of a physicians office on the property. Request: The request is to rezone the subject property from R-A, Residential Agricultural to R-O, Residential Office. INFRASTRUCTURE: Streets: Currently the site has access to Wedington Drive. At the time of development, this street will need to be brought up to current standards along the property frontage. These improvements may include right-of-way dedication, pavement, curb and gutter, storm drainage and sidewalks. Water: The site has access to public water. The nearest water main is an 18" main located along the northern property line along Wedington. Sewer: Sanitary sewer is available on the site. There is a 6" sewer main at the northwest corner of the property. Improvements to the sewer system may be required dependent upon the demand placed by the development. Sewer service will need to K:I Reporns120071PC ReporaIO4-23-07WZN 07-2520 (Karas).do i be extended within the property at the time of development. Fire: The subject property is located 0.6 miles from Fire Station # 7. Fire response time is approximately 2 minutes. Police: It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population density nor will it create an undesirable increase on police services. LAND USE PLAN: The Future Land Use Plan 2025 Map designates this site as a City Neighborhood Area. 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 future land use planning objectives, principles, and policies for City Neighborhood Areas. While a City Neighborhood Area is primarily residential in character, the subject property is located along a 5-lane state highway. Rezoning the property to R-O will allow for the development of an appropriate land use buffer between the highway and the existing homes to the south, while also allowing for the flexibility, for some type of residential development on the property. Guiding policies within the City Neighborhood area that may apply to this application include the following: • Protect adjoining properties from the potential adverse impacts associated with non- residential uses adjacent to and within residential areas with property mitigation measures that address scale, massing, noise, appearance, lighting, drainage, and effects on property values. • Provide non-residential uses that are accessible for the convenience of individuals living in residential districts and where compatibility with existing desirable development patterns occurs. • Manage non-residential development within and adjoining residential neighborhoods to minimize nuisances. • Limit uses within City Neighborhood areas to those that primarily serve residents of Fayetteville rather than a regional population. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is justified at this time. The applicant's stated intent is to rezone the property to allow for a new medical office building. Staff finds that a medical office building in this location is compatible with the surrounding K:lRcporzl2007V'C ReporuIO4-23-071R7N 07-1510 (Karas).dx residential and commercial land uses. Additionally, the property is currently a nonconforming lot of record as it does not meet the minimum bulk and area requirements of the R-A zoning district. Redevelopment of the property is not possible without rezoning the property or applying for variances from the bulk and area requirements. 3 . A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The size of the subject property and the nature of the development within the R- O zoning designation, generally office type uses, will limit a great increase in traffic danger and congestion, due to the size of development generated by 1 .5 acres. However, traffic volumes in this area are high, and increasing. Planning of any future development on this site must address safe access and cross access concerns. Wedington Drive (State Highway 16), a Principal Arterial, exists along the northern property frontage. At the time of development, improvement to this street may be required; and ingress/egress evaluated carefully. Police — It is the opinion of the Fayetteville Police Department that this rezoning will not create an appreciable increase in traffic danger and congestion in the area. 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: The proposed zoning will not substantially alter the population density in the area, based on the R-O zoning requested. Public service providers have responded accordingly: Police — It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population density nor will it create an undesirable increase on police services. Fire — Response time to the subject property (actual drive time) is approximately 2 minutes (approximately 0.6 miles) from station #7. Engineering - Public water is adjacent to the site. There is an 18" waterline along Wedington. Water service will need to be extended within the property at the time of development. Sanitary sewer is available on the site. There is a 6" sewer main at the northwest corner of the property. Improvements to the sewer system may be required dependent upon the demand placed by the development. Sewer K:IRepora12007U'C Reports104-13-071RZN 07-1510 (Karas).doc