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Home My WebLink AboutOrdinance 4189 FILED FOR RECORD ' 99 NOU 3 P!7 2 56 WASHINGTON CO AR ORDINANCE NO. 4189 K, HARNESS AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ99-27 FOR A PARCEL CONTAINING APPROXIMATELY 47.98 ACRES LOCATED WEST OF DOUBLE SPRINGS ROAD, AS REQUESTED BY MICHELE HARRINGTON ON BEHALF OF JOHN DEWEESE AND MIKE SCHMIDT. 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. 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 October , 1999. APPROVED: By: �i2��GC Fred Hanna, Mayor ATTEST: By: p ( � . - Heather W 6d ff, City CI 990994!53 Ordinance 4189 EXHIBIT "A" A PART OF THE WEST HALF (Wl/2) OF THE NORTHEAST QUARTER (NEI/4) OF SECTION FIFTEEN ( 15) AND A PART OF THE SOUTHWEST QUARTER (SWI/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION TEN (10), ALL IN THE TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY-ONE (31 ) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER (NWl/4) OF THE NORTHEAST QUARTER (NEI /4)9 SAID POINT BEING AN EXISTING ARKANSAS STATE SURVEY MONUMENT; THENCE N00 ° 38'4311E ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER (SWI/4) OF THE SOUTHEAST QUARTER (SEI/4) 342.00 FEET TO A SET IRON; THENCE S89 °23'32"E 198.00 FEET TO A SET IRON; THENCE ALONG THE CENTER OF AN EXISTING HOLLOW, THE FOLLOWING BEARINGS AND DISTANCES : S26055'03"E 114.53 FEET S58047'01 "E 69.85 FEET S40005'00"E 121 . 17 FEET S42044'34"E 112.77 FEET S 18 °31 '55"E 32.80 FEET TO A SET IRON ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER (SWI/4) OF THE SOUTHEAST QUARTER (SEI /4); THENCE S89023'32"W ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER (SWI/4) OF THE SOUTHEAST QUARTER (SEI/4) 320.01 FEET TO A SET IRON WHICH IS N89023'32"W 528.00 FEET FROM THE NORTHEAST CORNER OF THE NORTHWEST QUARTER (NWl/4) OF THE NORTHEAST QUARTER (NEI/4) OF SAID SECTION; THENCE SOI °05'51 "W 330.00 FEET TO A SET IRON; THENCE S89 °23'32"E 528.00 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER (NWl/4) OF THE NORTHEAST QUARTER (NE1/4) OF SAID SECTION, SAID POINT BEING IN COUNTY ROAD #27 (DOUBLE SPRINGS ROAD) AND FROM WHICH A REFERENCE IRON SET ON THE WEST RIGHT-OF-WAY OF SAID ROAD BEARS N89023'32"W 31 .40 FEET; THENCE SOI °05'51 W 996.68 FEET TO AN EXISTING SURVEYOR'S NAIL AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NEI/4) OF SAID SECTION; THENCE S01 '31 '54"W ALONG THE EAST LINE OF THE SOUTHWEST QUARTER (SWI/4) OF THE NORTHEAST QUARTER (NE1/4) OF SAID SECTION 292.54 FEET TO A POINT FROM WHICH AN EXISTING CONCRETE MONUMENT ON THE WEST RIGHT-OF-WAY OF SAID ROAD BEARS N89015159"W 30.80 FEET; THENCE LEAVING SAID ROAD, N89 ° 15'59"W ALONG THE NORTH LINE OF DOUBLE SPRINGS ESTATES, A SUBDIVISION OF WASHINGTON COUNTY, ARKANSAS AS FILED IN SURVEY BOOK 11 , AT PAGE 44, IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, 1327. 19 FEET TO A SET IRON ON THE WEST LINE OF THE SOUTHWEST QUARTER (SWI/4) OF THE NORTHEAST QUARTER (NEI/4) OF SAID SECTION; THENCE NOl ° 12' 11 "E ALONG THE WEST LINE OF THE SAID WEST HALF (WI/2) OF THE NORTHEAST QUARTER (NE1/4) 1616.31 FEET TO THE POINT OF BEGINNING, CONTAINING 47.98 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 47.98 ACRE TRACT BEING SUBJECT TO THE RIGHT-OF-WAY OF COUNTY ROAD #27 (DOUBLE SPRINGS ROAD) ALONG THE EASTERN MOST BOUNDARY. 99099454. I gM{ NAIH !iI t1�tj11p�@13p' pBNdi�arohyy alt"iH��i�ttlp�T _.. ._tl �'cY' .F�e ., t1 .. ce a hi_ ms , fnR. . Wog a Tor rocard In my oflieo oS India to hereon efNt IhY game 1B Rg��( duly recorded with the aGk(icpI44AQ't'ont end pert ficstO hereon. thareon In fie , Fd ph' and nave ae Indicetod thereon. IN WIfNE $6 V/ ,'tiE4, t hai?a hereunto eel my hnr: 1 and oHived ho euCi of 5el4 64Un on the date mdi• cc:.d h.;rour�, K.St71'c a:, H[trnaOA Ciatii ' bv, di K! cx•ur!i�n aa,'Urdar e s�� 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- 27 submitted by Michele Harrington , attorney on behalf of John DeWeese and Mike Schmidt for property west of Double Springs Road . The property is in the planning growth area and contains approximately 47 . 96 acres . The request is to rezone from A- 1 , Agricultural to R- 1 , Low Density Residental . COST TO CITY : 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 : ZAc sit,' M ger ate C ADA Coordinator Date City Att ney/ 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 . - Bt -9y Cross Reference Disio H d Date Wippsntra i ctor to New Item : Yes No e Services Dat Prev Ord/Res# : Di for M r Date Orig Contract Date : 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 99-27.00: Rezoning (DeWeese/Schmidt, pp 474) was submitted by Michele Harrington, attorney on behalf of John DeWeese and Mike Schmidt for property west of Double Springs Road. The property is in the planning growth area and contains approximately 47.98 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 99-27 DeWeese/Schmidt Page 18. 1 BACKGROUND : The applicant requests the rezoning of approximately 48 acres along Double Springs Road to the south and west of Fayetteville City Limits to R- 1 (Single Family Residential.) The property is owned by John DeWeese, Mike Schmidt, and Karen Schmidt. The property is located west of Fayetteville and south on Double Springs Road between Fayetteville and Farmington. Approximately 200 feet of the subject property adjoins the Fayetteville City Limits. There is approximately 1300 feet of frontage along Double Springs Road. The property is approximately 1000 feet north of the Farmington City Limits. The rezoning is contingent upon the annexation of the 48 acres. ADJACENT LAND USE AND ZONING: North: Owl Creek, undeveloped property, and single family residences exist to the north. South: A subdivision of single family residences exist outside the Fayetteville City Limits and Farmington City Limits to the south. _ East: Single family residences exist outside the city limits. West: Single family and undeveloped land exist outside the city limits. INFRASTRUCTURE: Streets: Double Springs Road is a minor arterial with 90' of R.O.W. (45' from centerline) Water: There is a 4" waterline along the west side of Double Springs Road. Sewer: There is a 10" force main existing along Owl Creek northeast of the property. It ends at a lift station located approximately 1250' north of the property. LAND USE PLAN: The General Plan 2020 shows this area as Residential. Planning Commission Meeting August 23, 1999 RZ 99-27 DeWeese/Schmidt Page 18.1 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 including sewer will be required at the time of Large Scale Development and 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 99-27 DeWeeseJSchmidt Page 18. 3 RZ99-27 . 00 - Deweese/Schmidt - Close Up 0 i City Limits II RZA99-3.00 - C0 47.98 Acres : Z - a w - J . m O a DOT TIPTON - m CIS - •e - a N 400 0 400 Feet W* E Planning Commission Meeting August 23, 1999 RZ 99-27 DeWeese/Schmidt S Page 18. 4 RZ99-27 . 00 - Deweese/Schmidt - One Mile Diameter J try Q 1 1 • 1 � 1 JEANFAY 1 1 A•1gf W .5 STATE HIGHWAY 16 A.1 S A-1 R A•1 A-1 C-2 1 MICHAEL COLE R-0 A-1 Q ; R-1 m A-1 . T J I Al m 1 A-1 i PERSIMMON Fayetteville City Limits 1 • DOT TIPTON 1 1m BOGAH L — — — mer=610Ion CNy=nYts Fey rAje Growth AnBe : S . . . . . . . . . . . . . . . . . . . . . . BROYLES I 1 1 1 1 1 1 1 1 1 1 I 1 I — — — — — — — — — — a L — — — 1400 0 1400 Feet N B Planning Commission Meeting August 23, 1999 RZ 99-27.00 Zamberlettii S Page 18. 7 RZ99-27 . 00 - Deweese/Schmidt - 2020 Plan 877 ' 1 1 1 2 1 . 1 1 to 1 1 ¢ w — — — — _ — - 1 City Limits 1 a. z 16 LU City Limits_ m PERSIMMON ST — O — DOT TIPTON RD Planning Area Boundary I BROYLES AVE City Limits 2000 0 2000 Feet N JJ M Flood Plain Once Planning Commission Meeting F7 4 999 ;+;+i Open Space Recreation ® Community Commercial August 13, RZ 99-17 DeWeese/Schmidmid1 Page 18.5 Minutes of Planning Commission Meeting August 23, 1999 Page 39 RZ99-27: REZONING DEWEESE/SCHMIDT, PP474 This item was submitted by Michele Harrington, attorney on behalf of John DeWeese and Mike Schmidt for property west of Double Springs Road. The property is in the planning growth area and contains approximately 47.98 acres. The request is to rezone from A- 1 , Agricultural to R-1 , Low Density Residential. Michele Harrington was present on behalf of the request. Staff recommends approval of the proposed R- 1 zoning based on the findings included in the staff report. Commission Discussion Johnson: This is related to RZA99-3 . This is a request to rezone from A- 1 , Agricultural to R- 1 , Low Density Residential. The staff has recommended this. The reason being, I take it, since the whole idea was to subdivide this tract and the City feels like it does better when a subdivision is on it's border that it be brought into the city so that the more stringent city requirements apply and the greater city services that are available. Tim, what do you have to add to your positive recommendation for this rezoning. Conklin: Once again, this is an opportunity to develop this land under our urban subdivision regulations. Once again, they get city services plus we get streets to city standards, street lights, and the other things that go along with those more stringent standards. We did recommend approval. Johnson: I don't recall that we've mentioned yet but I believe that at agenda session on Thursday, you told us that you had spoken with the City of Farmington and the City of Farmington has no opposition to this annexation coming into the City of Fayetteville. I should have brought that out on the previous vote. Conklin: I did speak with the City of Farmington. Actually, this developer did approach the City of Farmington about possibly being within their city. They were not contiguous with their city limits. They are contiguous with the city limit of Fayetteville. Therefore, they chose to come into Fayetteville. Public Comment None. Minutes of Planning Commission Meeting August 23, 1999 Page 40 MOTION Shackelford: I' ll make a motion to approve RZ99-27 to rezone this. Johnson: Is there a second? Hoffman: I' ll second that with the same admonition about utility availability. Johnson: First, let me restate the motion which is for approval of this rezoning 99-27 moved by Conu issioner Shackelford and seconded by Commission Hoffman. Is there discussion? Hoffman: For the record, utility availability is a subject of concern. Roll Call Upon roll call, the motion passed with a unanimous vote of 9-0-0. Johnson: The motion carried with a vote of 9 to 0 so that we recommend the rezoning to the Council which has final say on rezonings as well. Meeting adjourned at 7: 18 p.m.