HomeMy WebLinkAboutOrdinance 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
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W;L'J
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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
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August 23, 1999
RZ 99-26.00 Zamberlettii
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W* August 23, 1999
RZ 99-26.00 Zamberlettii
Page 16.9
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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