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Home My WebLink AboutOrdinance 4188 FILED FOR RECORD ' 99 A+OU 3 PIq 2 56 WASHINGTON CO AR ORDINANCE NO, 4188 K • HARNESS AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION 99-26 FOR A PARCEL CONTAINING APPROXIMATELY 34.72 ACRES LOCATED ON COUNTY ROAD 92 (ZION ROAD), AS REQUESTED BY MICHELE HARRINGTON ON BEHALF OF VALERIE M. ZAMBERLETTI 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, for the real property described in Exhibit "A" attached hereto and made a part hereof. Section2. 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-5L day of October , 1999. APPROVED: By: �/ Fred Hanna, Mayor ATTEST: By: �J�leaasa _ V AYEFYE /� Heather o ruff, City Clerk o 40 -- 99099451 Ordinance 4188 EXHIBIT "A" A part of the Northwest Quarter (NWl/4) of the Northeast Quarter (NE1/4) of Section 19, Township Seventeen (17) North, Range Twenty-nine (29) West in Washington County, Arkansas, and being more particularly described as follows, to wit: From the Southeast corner of said 40 Acre Tract, being the POINT OF BEGINNING, run thence S89 ° 57'48"W along the 40 acre tract line for 195 .00 feet; thence leaving said 40 acre tract line N0004'09"W - 350 feet; thence S89 ° 57'48"W - 250 feet; thence NO°04'09"W - 75 feet; thence S89055'09"W - 262.72 feet to an existing iron pin; thence S89° 55'09"W - 45 feet; thence S0005'58"W - 425 .63 feet to a point on the 40 Acre Line; thence along said 40 Acre Line run S89057'48"W - 561 .71 feet to the Southwest comer of said 40 Acre Tract; thence NO °22'59"W - 1317.25 feet (Deed Distance - 1287.86 feet) to an existing iron pin at the Northwest (NW) corner of said 40 Acre Tract; thence S89 °42'42"E - 1321 .43 feet to an existing iron pin at the Northeast corner of said 40 Acre Tract; thence SO °04'09"E - 1309.72 feet to the POINT OF BEGINNING and containing 34.72 acres, more or less, subject to County Road Right-of-way along the South line thereof, and subject to other casements and rights-of-way, if any. 99099452 I Kathleen Memaeo, Clmutt Clerk and Rx oBlcle F 9eerdgr fef whghi R Ceuhty AfkBhmal da harehy Fenify !hal this Inatrume81 wall }filed for reeerd in my office as indk:atad hereQn and ma aema 4 Anw @uly recgrdpd With th? eSkNyvl dgetnenl Ong pgnjpcptp th$renn In page OF irlo ,rajd (hgregp• IN WITPIF,•$6 N! st:REDF, I hpvq hprayntg pqt my t ,,.8 .enq nnixatl MW QTj1 of said GQUn on the date indl- W;L'J u Jtsmryn 4 aY, n Recorder .• i ' Ori . 41ss STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of September 21 , 1999 . FROM : Tim Conklin Planning Public Works Name Division Department ACTION REQUESTED : To approve an ordinance for RZ99- 26 submitted by Michele Harrington, attorney on behalf of Valerie M . Zamberletti for property on County Road 92 ( Zion Road . ) The property is in the planning growth area and contains approximately 34 . 72 acres . The request is to rezone from A- 1 , Agricultural 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 CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY : A n g anager j DgteADA Coordinator Date ity Attor / Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and the Planning Commission approved the request with a unanimous vote of 9- 0- 0 . -3/ - Cross Reference Vra a Date w �� r or ate New Item : Yes No i e Services Da a Prev Ord/Res# : / Mays *Da ! Orig Contract Date : 0 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501 ) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner FROM : Brent Vinson, Associate Planner DATE: August 23, 1999 RZ 99-26.00: Rezoning (Zamberletti, pp 100) was submitted by Michele Harrington, attorney on behalf of Valerie M . Zamberletti for property on County Road 92 (Zion Road). The property is in the planning growth area and contains approximately 34.72 acres. The request is to rezone from A- 1 , Agricultural to R- 1 , Low Density Residential, RECOMMENDED MOTION: Staff recommends approval of the proposed R-1 zoning based on the findings included as part of this report. PLANNING COMMISSION ACTION: YES Required Approved Denied Date: August 23, 1999 Comments: CITY COUNCIL ACTION: YES Required Approved Denied Date: Planning Commission Meeting August 23, 1999 RZ 99-26 Zamberletti 161 BACKGROUND : The applicant requests the annexation of approximately 35 acres along Zion Road east of Crossover (Hwy. 265 .) The property adjoins and is east of the future Stonewood Subdivision which was rezoned to R- 1 in May 1999. A preliminary plat was approved by the Planning Commission on June 28, 1999 with 119 lots (see attached minutes.) Approximately 1 ,288 feet of the property adjoins the Fayetteville City Limits. There is approximately 195 feet of frontage along Zion Road. The Order of Annexation was signed by the Washington County Judge on August 17, 1999. The applicant has requested to have the property rezoned to R- 1 to develop single family residences. The rezoning is contingent upon the annexation of the property. ADJACENT LAND USE AND ZONING : North: Single family residences and undeveloped property exists outside the city limits. South: Single family residences and undeveloped property exist outside the city limits. East: Single family residences and undeveloped property exist outside the city limits. West: Undeveloped property zoned R- I exist with plans to build single family residences in the near future. INFRASTRUCTURE: Streets: Zion Road is a Residential street with 40' of ROW (20' from centerline), Crossover (Hwy. 265) which is approximately 1400 feet west is a Principal Arterial with 1 10' of ROW (55 ' from centerline), and Butterfield Coach which is approximately 1400' east of the property is a Collector with 70' of ROW (35 ' from centerline.) Water: There is a 6" waterline existing from Zion running into the property and a 12" waterline along the south side of Zion. Sewer: The nearest sewer line is an 8" sewer line at Zion (west of Hwy. 265 .) LAND USE PLAN: The General Plan 2020 shows this area as Residential. Planning Commission Meeting August 23, 1999 RZ 99-26 Zamberletti 16. 2 RZ 99.00-6.00 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 Land Use Plan (General Plan 2020) shows this area as residential. The proposed zoning of R-1 (Single Family Residential) is consistent with the plan. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning R-1 is justified and needed at this time. 3 . A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning would not create or appreciably increase traffic danger and congestion in this 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 zonings would not alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. On-site and off-site improvements will be required at the time of Large Scale Development or Preliminary Plat approval. 5 . If there are reasons why the proposed zoning should not be approved in view of considerations under b ( 1 ) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as : a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b ( 1 ) through (4) above why the proposed zoning is not desirable. Finding: N/A Planning Commission Meeting August 23, 1999 RZ 99-26 Zamberletti 16. 3 Rezoning Application for Valerie Zamberletti Item #6 . a. The proposed zoning change is from A-1 (the automatic zoning upon annexation) to R-1 for the purpose of building single family homes within the restrictions of the R- 1 zone. b. The reason for the requested zoning change is that a single family residence subdivision is not permitted in the A-1 zone. C. ( 1 ) The development of this property into a single family residential subdivision will be the same type of use as the surrounding properties (similar residential development in the area) and an adjacent agricultural area is under proposals for similar development at this time; (2) will not significantly increase traffic on East Zion Road; will tie into subdivision proposed to west which shows 2 points of ingress/egress as per city request; (3) will be harmonious in appearance with the development in the area; (4) signage will involve only the subdivision sign . d . Water and sewer is available. Planning Commission Meeting August 23, 1999 RZ 99-26 Zamberletti 16. 4 Z99 - 26 . 00 - Zamberletti - Close Up A-1 0 a J r U - 0 T RZ99-26 , 00 Zamberletti 34 .72 Acres 0 , o 0 C3 ZION o a A-1 �� d E�� 0 o D o N 400 0 400 Feet E Planning Commission Meeting August 23, 1999 RZ 99-26.00 Zamberlettii S Page 16.8 �Z99 - 26 . 00 - Zamberletti - One Mile Diameter CREEK ALBRIGHT A-t z O a ¢ w wa �j o w Lake o w Fayetteville o U A-1 A-1 IN ZION O 2 RANOAL R-1 R-0 R-2 R-0 G7 A-1 ZION Z A-t VALERIE R-0 Q A-1 A-1 R-2 GULLEY OYC A-1 R-t 1400 0 1400 Feet N E Planning Commission Meeting W* August 23, 1999 RZ 99-26.00 Zamberlettii Page 16.9 S �Z99- 26 . 00 - Zamberletti - 2020 Plan - - - - - - - i 1 . ' . ' . ' . ' . pyrk • - 1 ' 1 : S BUTTERFIELD COACH RD I i - - Planning Area Boundary _ 1 =_ v w : : - : . w� O1 — j 1 1 ZION ROAD :RAZIER TERR / 1 — — OAKLAND 1 1 JOYCE1 BOULEVARD _ 1 1 - 1 1 1 0 K BRIDGEWATER LN 70 o 11 2000 0 2000 Feet N Flood Plain ® Office y`a` +`�`+' Open Space Recreation ® Community Comm Minutes of Planning Commission Meeting August 23 , 1999 _ Page 34 RZ99-26 : REZONING ZAMBERLETTI , PP100 This item was submitted by Michele Harrington, attorney on behalf of Valerie M. Zamberletti for property on County Road 92 (Zion Road.) The property is in the planning growth area and contains approximately 34.72 acres. The request is to rezone from A- 1 , Agricultural to R- 1 , Low Density Residential. Micki Harrington was present on behalf of the request. Staff recommended approval of the proposed R- 1 zoning based on the findings included as part of the staff report. Committee Discussion Johnson: This is the rezoning on the same tract that was recommended for annexation to the Council. The request to rezone is from A- 1 to R- 1 , low density residential. The staff has recommended approval. Staff will you give us your rationale behind your recommendation to approve this proposed rezoning? Conklin: Staff is recommending approval of the R- 1 zone immediately west of and adjoining Stonewood Subdivision. This borders approximately 1 ,200 feet along that boundary. R- 1 is consistent with the existing zoning inside the city of Fayetteville and therefore staff is recommending approval. Johnson: Ms. Harrington, you represent the applicant on this property, too? Harrington: Yes, ma' am. Johnson: Do you have anything to add other than to be available to our questions? Harrington: No. It' s obvious from the approval of the plat that the streets were stubbed out to the east and those streets would access this property and it will be a very comparable development with the size of lots and the size of houses as an appropriate development for this area. It' s very similar in nature to the rest of the area. Johnson: Initial questions? Hoffman: How many lots can be supported on this? Conklin: R- I allows 4 units per acre. Typically in low density residential development Minutes of Planning Commission Meeting August 23, 1999 Page 35 we're seeing about 2 to 3 units per acre. That would be about 140 units. Harrington: There will not be that many because larger lots than that are anticipated here. We will not be doing the minimum lot sizes and it will likely be 85 lots or less. Hoffman: 85. Okay, thanks. I ask that question because I do want to remind everybody that we are close to capacity on our sewer plant and should this be approved, I don't think you are guaranteed utility availability. Johnson: That might have been a reason for it to stay in the county. Harrington: It is my understanding from Mr. Crosson that normal growth would continue including this type of development and it's relatively small compared to some of the other things that you look at. Johnson: The last time I guess I was at a Subdivision Committee meeting where this kind of thing was discussed, we had sort of gotten into the business of warning developers of new property that you proceed at your own risk and if a development stalls because we don't have adequate sewer facilities, then you suffer along with all the rest of the folks who are trying to develop. It's a heads up in case a worst case scenario comes to pass. Public Comments None. MOTION Man: I would like to recommend approval of RZ99-26. Johnson: Is there a second? Odom: I'll second. Johnson: We have the motion by Commissioner Man, seconded by Commissioner Odom that we approve RZ99-26 of the 34.72 acres to R-1. Any concerns or questions about this proposed rezoning? Roll Call Upon roll call, the motion passed with a unanimous vote of 9-0-0. FAYETTEVILLE I THE CITY OF FAYETTEVILLE, ARKANSAS 41 DEPARTMENTAL CORRESPONDENCE To: Janet Johns, Planning From: Heather Woodruff, City Clerk Date: October 11, 1999 Attached is a copy of the ordinance approving the rezoning request RZ 99-26 for property owned by Valerie Zamberletti. The original will be recorded with the County, then microfilmed and filed with the City Clerk. cc. Tony Webb, Planning Clyde Randall, Engineering Ed Connell, Engineering AN ORDINANCE REZONING THAT PROPERTY DESCRI- BED IN REZONING PETITION 99-26 FOR PARCEL CON- TAINING APPROXIMATELY 34.72 ACRES LOCATED ON COUNTY ROAD 92 (ZION ROAD), ASS REOUESTED BY MICHELE I.IARRINGTON ON BEHALF OF VALERIE M. ZAMBERLETTI. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKAN- SAS: Section 1. That'the zone classi- fication of the following descri- bed property is hereby changed as follows: From A-1, Agricultural, to R-1, Low Density Residential, for the real property described in Ex- hibit "A" attached hereto and made a part hereof. Section 2. That the official zon- ing map of the City of Fayette- ville, Arkansas. is hereby amended to reflect the zoning change provided in Section 1. above. PASSED AND APPROVED this 5th day of October, 1999. APPROVED: By: Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City Clerk STATE OF ARKANSAS DEC 28 1999 County of Washington } SS. ACCTG. DEPT• I, JEFF JEFFUS, hereby certify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at fixed (daily) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes in the City and County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service value it contains, that at least fifty percent of the subscribers thereto have paid for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months and that the said newspaper publishes an average of more than forty percent news matter. 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