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Home My WebLink AboutOrdinance 5491 Doc ID: 014545860003 Type: REL Kind: ORDINANCE Recorded: 04/17/2012 at 11:58:46 AM Fee Amt: $25.00 pace 1 of 3 Washinoton Countv. AR Bette Stamos Circuit Clerk File2012-00010768 ORDINANCE NO. 5491 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 12-4028, FOR APPROXIMATELY 2.18 ACRES, LOCATED AT 1400 AND 1500 BLOCK OF NORTH DESOTO PLACE (TRACK "A" OF ABSHIER HEIGHTS) FROM R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT R-PZD 06-1883 TO RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from R-PZD, Residential Planned Zoning District to RSF-8, Residential Single-Family, 8 units per acre, as shown on Exhibits "A" and "B" attached hereto and made a part hereof. Section 2: That the remainder of the Abshier Heights R-PZD 06-1833 zoning district not being rezoned shall retain its R-PZD zoning designation with all of the zoning and development rights and regulations prescribed therein. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this 3`d day of April, 2012. APPROVED: ATTEST: By: By: 4. 144IW76 I(�I ELD J ,Mayor SONDRA E. SMITH, City Clerk/Treasur '1°WTRp PPP6 iZ :.gym•G�SY p�p��a4�. S FAYEIIEVB rP�QAAAAA�i�°naea�aae EXHIBIT "A" RZN12-4028 ABSHIER HEIGHTS Close Up View _91 t cs `° II _ ii "- ••rr u�SYCAMOR �V SUBJECT PROPERTY i T��I I NATURAL WAY iJ it 02 it 'RSF.•1. RPM ' H J =1 ORIAL C7 ' nr P-0 �9�' 1 L.-.--I o LWaaPZN12-4028 Footprints 2010 - Hillside-Hilltop Ov rlay District i_ _! Design Overlay Di trict Design Overlay Di trict 0 75 150 300 450 600 ------ Planning Area F.t EXHIBIT "B" RZN 12-4028 PART OF THE NORTHWEST '/4 OF THE NORTHWEST /40F SECTION 10, TOWNSHIP 16 NORTH,RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE SAID NORTHWEST '/4 OF THE NORTHWEST 1/4; THENCE N87°12'10"W, A DISTANCE OF 352.90 FEET; THENCE NO2058'47"E, A DISTANCE OF 25.00 FEET TO THE TRUE POINT OF BEGINNING BEING A SET MAG NAIL W/WASHER(PS 1496) BEING THE TRUE POINT OF BEGINNING; THENCE NO2 58'47"E,A DISTANCE OF 635.02 FEET TO A FOUND CHISELED "X" IN CONCRETE; THENCE S87 00'06"E, A DISTANCE OF 149.72 FEET TO A FOUND 'h" REBAR ON THE WEST RIGHT-OF-WAY LINE OF HILLCREST AVENUE; THENCE S02 57'25"W, ALONG THE ABOVE SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 634.93 FEET TO A FOUND PK NAIL; THENCE N87 02'1 6"W, A DISTANCE OF 149.97 FEET TO THE POINT OF BEGINNING AND CONTAINING 95,146 SQUARE FEET OR 2.18 ACRES, MORE OR LESS. SUBJECT TO ANY AND ALL EASEMENTS, COVENANTS Washington County,AR I certify this instrument was filed on 04/17/2012 11:58:46 AM and recorded in Real Estate File Number 2012-00010768 Bette Stamps--Circuit Clerk by v� City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 3/20/2012 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Reclulred: RZN 12-4028: Rezone (1400 AND 1500 BLOCKS OF N. DESOTO PL./ABSHIER HEIGHTS, 407): Submitted by Bart Bauer for property located at 1400 AND 1500 BLOCKS OF NORTH DESOTO PLACE. The property is zoned Residential Planned Zoning District R-PZD 06-1883(Abshier Heights)and contains approximately 2.18 acres. The request is to rezone the subject property to RSF-8, Residential Single-Family, 8 units per acre. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached — 2wA&- n1•M,.1DIv Previous Ordinance or Resolution# Department ectqp — -T Date Ll ,,v( ' Original Contract Date: � _ 3 -4- 12- Original Contract Number: Ci y ttorney Date Q �1 'J" 3 S-ZP1 Finance and Internal Services Director Date Received in City Clerk's Office _ Chief of St It Date Received in .S Mayor's Office Ma r Date Comments: �� t Ar6l OOJ0 0-4 4t Q/��/� � W� Revised January 15,2009 Tay etrKile THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE S CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Jesse Fulcher, Current Planner Date: February 29, 2012 Subject: RZN 12-4028 (Abshier Heights) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to rezone the subject property from R-PZD 06-1883 Abshier Heights to RSF-8, Residential Single Family Eight Units Per Acre. BACKGROUND The property is Tract A (the northern half) of the Abshier Heights R-PZD site totaling 2.18 acres. The site is located directly behind Ozark Natural Foods on the west side of Hillcrest Avenue. The R-PZD zoning on this portion of the Abshier Heights site permits development of a multi-family building with six units and three duplexes for a total of 12 residences. This portion of the site has been developed with a private street/alley (North Desoto Place) but has not been developed with any buildings. The site is surrounded by single family homes to the east, multi-family residences associated with the southern portion of the Abshier Heights project to the south, commercial development to the west, and undeveloped land to the north. Direct access to this property is available from Hillcrest Avenue to the east and Natural Way to the north which is an access easement along the north side of the Evelyn Hills shopping center, and a second access drive directly into the central portion of the Evelyn Hills Shopping center. The applicant has submitted an application to rezone the northern portion of the Abshier Heights property, 2.18 acres, from R-PZD 06-1883 Abshier Heights to RSF-8, Residential Single Family Eight Units Per Acre. The applicant has stated that he intends to construct single family residences on the property. DISCUSSION On February 27, 2012, the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 7-0-0. Two members of the public spoke at the meeting asking about the total number of units proposed but did not express objection to the rezoning. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 12-4028, FOR APPROXIMATELY 2.18 ACRES, LOCATED AT 1400 AND 1500 BLOCK OF NORTH DESOTO PLACE (TRACK "A" OF ABSHIER HEIGHTS) FROM R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT R-PZD 06-1883 TO RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from R-PZD, Residential Planned Zoning District to RSF-8, Residential Single-Family, 8 units per acre, as shown on Exhibits "A" and "B" attached hereto and made a part hereof. Section 2: That the remainder of the Abshier Heights R-PZD 06-1833 zoning district not being rezoned shall retain its R-PZD zoning designation with all of the zoning and development rights and regulations prescribed therein. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this day of 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN12-4028 ABSHIER HEIGHTS Close Up View nr-lz cs � . . •4 1 'A, �. �f SUBJECT PROPERTY NATURALWAY w N �+ PP20 pRIA{p P-1 iI :� r @AbfefTj qll (Existing) LAKE LUCIL LE�•• - • tUrell ils. - •� - --, m � . ``---' o ,Jv / ervi,RZ N 12-4028 ygITj, Footprints 2010 M Hillside-Hilltop Ov rlay District Design Overlay Di trict Design Overlay Di trict 0 75 150 300 450 600 ------ Planning Area Feel EXHIBIT`B" RZN 12-4028 PART OF THE NORTHWEST %4 OF THE NORTHWEST '/4 OF SECTION 10, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE SAID NORTHWEST %4 OF THE NORTHWEST 1/4; THENCE N87°12'10"W, A DISTANCE OF 352.90 FEET; THENCE NO2058'47"E, A DISTANCE OF 25.00 FEET TO THE TRUE POINT OF BEGINNING BEING A SET MAG NAIL W/WASHER(PS 1496) BEING THE TRUE POINT OF BEGINNING; THENCE NO2 58'47"E, A DISTANCE OF 635.02 FEET TO A FOUND CHISELED "X" IN CONCRETE; THENCE S87 00'06"E, A DISTANCE OF 149.72 FEET TO A FOUND %" REBAR ON THE WEST RIGHT-OF-WAY LINE OF HILLCREST AVENUE; THENCE S02 57'25"W, ALONG THE ABOVE SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 634.93 FEET TO A FOUND PK NAIL; THENCE N87 02'1 6"W, A DISTANCE OF 149.97 FEET TO THE POINT OF BEGINNING AND CONTAINING 95,146 SQUARE FEET OR 2.18 ACRES, MORE OR LESS. SUBJECT TO ANY AND ALL EASEMENTS, COVENANTS (3/1/2012)Andrew Garner- FW: Abshier Heights Page 1 From: "Jackson,Jeff'<JJACKSON@nwacc.edu> To: <agarner@ci.fayetteville.acus> CC: <jfulcher@ci.fayetteville.ar.us> Date: 3/1/2012 8:11 AM Subject: FW:Abshier Heights Hello! I live at 1414 N. Hillcrest,directly across from the lot being built on. Mr. Bauer did not discuss these plans with me,and I have some real concerns. As I mentioned to Jan Wicks,the previous construction experience was a long,unpleasant experience. The work crews parked on our(no parking)street and in my driveway. Construction trash blew onto my property daily. My furnace clogged from all of the dust and had to be repaired at my expense. On one memorable occasion,very loud work commenced at 6 a.m.on a Saturday. I'd also like to point out that we were promised a"pocket park"on the adjacent lot,but this remains a swampy mess. I feel like,as property owners,we deserve better. What can we do to protect our neighborhood's privacy,peace,and property values? Thank you for your time, Jeff Jackson From:Jan L.Wicks[mailto:jwicks@uark.edu] Sent:Wed 2/29/2012 3:24 PM To:Jackson,Jeff Subject:RE:Abshier Heights Hi Jeff, Thanks for letting me know. I strongly suggest you let the city planners know that Mr.Bauer did not discuss anything with you. He made a point of saying that he'd talked to the neighbors across from the properly and implied you all said it was fine. I wouldn't accuse him of lying or anything, but I believe it will be very helpful to us all if the city is aware of your feedback. I also strongly suggest you provide the information about the construction crew problems to the city planners and ask what could possibly be done. Andrew Garner agarner@ci.fayetteville.ar.us Jesse Fulcher jfulcher@ci.fayetteville.ar.us Best and I'll let you all know if I hear anything else. Jan -----Original Message----- From:Jackson,Jeff[mailto:JJACKSON@nwacc.edu] Sent:Wednesday, February 29,2012 3:11 PM To:Jan L.Wicks Subject:RE:Abshier Heights Hi-- Thanks for the information. Mr. Bauer did not discuss anything with me. The previous condo-building experience was quite unpleasant. The construction crew parked wherever they liked, including on the street and in my driveway,and I had trash blown onto my property on a daily basis. My furnace got clogged from all of the dust. Is there any way we can protect our rights to privacy,peace,and quiet? Jeff J. From:Jan L.Wicks[mailto:jwicks@uark.edu] Sent:Wed 2/29/2012 2:21 PM To:Robert Howard Wicks;dbeau@arkansas.net; boydlogan@gmail.com;decovision@sbcglobal.net;unbeldi@cox.net; (3/1/2012)Andrew Garner- FW: Abshier Heights Page 2 dhopster@hotmail.com;Jackson,Jeff;Lynda L.Coon;Nann Miller;i_markum@yahoo.com;rebeccahass@sbcglobal.net;C. Dayton Steelman;gpittsthorn@hotmail.com;williamfriar@yahoo.com;fran220dan@sboglobal.net;harpo0821@sboglobal.net; Hugh Reid Kincaid;Bettie Lu Lancaster;junjiewul 940@1hotmail.com;thehynesfamily@sbcglobal.net;trishaagreen@yahoo.com; lou.skeen@ki.com;bart.bauer@sbcglobal.net;bauerpat@sbcglobal.net;'SHAY HOPPER';'david hopper'; David Beauchamp (david@davidbeauchampcpa.com) Cc:'Jesse Fulcher;agarner@ci.fayetteville.ar.us;bart.bauer@sbcglobal.net;bauerpat@sbcglobal.net Subject:RE:Abshier Heights Greetings!This is an update on the Planning Commission meeting held earlier this week regarding the proposed changes to the Abshier Heights area behind Evelyn Hills Shopping Center.These two items below were approved by the Planning Commission and sent to the City Council.(I'm using an old e-mail list;please forgive me if you are receiving this in error.) This item below was to allow brick to be used instead of stone on the second multi-family building(to be built next to the existing one in the area below the corner of Hillcrest Avenue and Abshier Drive.It is my understanding that this building will have five units instead of six(apparently to allow larger garages to be built under each unit to accommodate the desires of most purchasers). 2.ADM 12-4029:Administrative Item(Abshier Heights R-PZD Modification No.3):Submitted by BART BAUER for the property located at the NORTHWEST CORNER OF ABSHIER DRIVE AND HILLCREST AVENUE.The request is to amend the approved R-PZD 06-1883 Abshier Heights to architecturally design one of the multi-family buildings with brick instead of stone on the rear of the building.Planner:Andrew Garner This item is to rezone the area behind the Ozark Co-op to RSF-8.According to the developer and the city,the neighborhood has no say on the types of residences,nor materials used,etc.,if the area is rezoned RSF-8.The developer said it had to be rezoned as RSF-8(instead of RSF-4)because of the way the utilities were installed and placed, based on the original plans developed by David Chance. 7. RZN 12-4028: Rezone(1400 AND 1500 BLOCKS OF N. DESOTO PL./ABSHIER HEIGHTS,407): Submitted by BART BAUER for properties located at the 1400 AND 1500 BLOCKS OF NORTH DESOTO PLACE. The properties are zoned R-PZD,RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 2.18 acres.The request is to rezone Tract A of the Abshier Heights R-PZD to RSF-8,RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE. Planner:Andrew Garner Here are the e-mail addresses to contact the developer(Bart Bauer)e-mail address in case you have any questions or need more information. He said he's already discussed this with the neighbors who live down on the northern end of Hillcrest Avenue across from the back of the Ozark Co-op(or across from Tract A noted above). I'm sending him a copy so he can provide additional information,if desired,or correct anything I may have gotten wrong. Bart Bauer bart.bauer@sbcglobal.net Pat Bauer bauerpat@sbcglobal.net Here are the e-mail addresses for the city planning folks,just in case. Andrew Garner agarner@ci.fayetteville.ar.us Jesse Fulcherjfulcher@ci.fayetteville.ar.us Best, Jan Wicks 1314 Hillcrest Avenue • TayM-1 PC Meeting of February 27, 2012 KANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville.AR 72701 PLANNING DIVISION CORRESPONDENCE Tc1cphone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: r' I2 Updated February 29, 2012 RZN 12-4028:Rezone(1400 AND 1500 BLOCKS OF N.DESOTO PL./ABSHIER HEIGHTS, 407): Submitted by BART BAUER for properties located at the 1400 AND 1500 BLOCKS OF NORTH DESOTO PLACE.The properties are zoned R-PZD,RESIDENTIAL PLANNED ZONING DISTRICT and contain approximately 2.18 acres. The request is to rezone Tract A of the Abshier Heights R-PZD to RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE. Planner: Andrew Garner BACKGROUND: Background: On April 4, 2006 the City Council rezoned the subject property from C-2, Thoroughfare Commercial to R-PZD 06-1883 (Abshier Heights). The rezoning permitted the development of a total of 24 residential units on the site.The infrastructure for the development was installed over the entire site and southern portion of the property was developed with a six-unit multi-family building.The northern portion of the site remains undeveloped with the exception of a private shared drive(Desoto Place). Property Description: The property is Tract A(the northern half)of the Abshier Heights R-PZD site totaling 2.18 acres. The site is located directly behind Ozark Natural Foods on the west side of Hillcrest Avenue. The R-PZD zoning on this portion of the Abshier Heights site permits development of a multi-family building with six units and three duplexes for a total of 12 residences. This portion of the site has been developed with a private street/alley(North Desoto Place)but has not been developed with any buildings. The site is surrounded by single family homes to the east, multi-family residences associated with the southern portion of the Abshier Heights project to the south,commercial development to the west,and undeveloped land to the north,as indicated in Table 1.Direct access to this property is available from Hillcrest Avenue to the east and Natural Way to the north which is an access easement along the north side of the Evelyn Hills shopping center, and a second access drive directly into the central portion of the Evelyn Hills Shopping center. G G:\ETODevelopment Services Review\2012\Development Review\I2-4028 RZN 1400& 1500 Blocks of N. Desoto PI (Abshier Heights)