HomeMy WebLinkAboutOrdinance 4220 I
FILED FOR RECORD
000 f1RR 15 Pn 3 17
WASHINGTON CO AR
HARNESS
ORDINANCE NO. X990
AN ORDINANCE CONFIRMING THE ANNEXATION TO THE
CITY OF FAYETTEVILLE, ARKANSAS OF APPROXIMATELY
13 .39 ACRES, LOCATED AT THE SOUTHEAST CORNER OF
BRIDGEPORT DRIVE AND MOUNT COMFORT ROAD,
OWNED BY RICHARD DOYLE AND ARKANSAS OAKS, AS
REQUESTED IN RZA99-5 .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS :
Section 1 : That the City Council hereby confirms the annexation to the City of
Fayetteville, Arkansas, of the following described property:
See Exhibit "A" attached hereto and made a part hereof.
Section 2: That the above described property is hereby assigned to Ward No. 4
PASSED AND APPROVED this 15th day of February , 2000.
thIL • APPROVED:
ca t BY /w le
Fred ffanna, Mayor
I
By
Heather Woodruff, City Clea
2000019661
ord . 4220
EXHIBIT "A" EX
�E
Legal Description for RZA99-5
A PART OF THE NORTHEAST QUARTER (NEI/4) OF THE SOUTHWEST QUARTER
(SW 1/4) OF SECTION ONE (1), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY-ONE
(3 1) WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED
AS BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER (NE 1 /4)
OF THE SOUTHWEST QUARTER (SWI/4), THENCE ALONG THE EAST LINE THEREOF
SOUTH 0 :DEGREES 15'33" EAST 1321 .95 FEET; THENCE ALONG THE SOUTH LINE
THEREOF SOUTH 89 DEGREES 56'21 " WEST 349. 16 FEET TO THE SOUTHEAST CORNER
OF PHASE III, BRIDGEPORT ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS;
THENCE ALONG THE EAST LINE OF SAID PHASE III ADDITION, NORTH 00 DEGREES
17'39" WEST 887.70 FEET TO THE CENTER OF HAMSTRING CREEK; THENCE ALONG
THE CENTER OF SAID CREEK SOUTH 79 DEGREES 45'23 " WEST 75 .54 FEET; THENCE
NORTH 29 DEGREES 20'25" WEST 80.42 FEET; THENCE NORTH 76 DEGREES 55'22" WEST
96.50 FEET; THENCE SOUTH 67 DEGREES 06' 14" WEST 67.98 FEET; THENCE SOUTH 86
DEGREES 59'23" WEST 39.47 FEET TO THE EAST RIGHT OF WAY OF BRIDGEPORT
DRIVAS RECORDED ON PLAT OF SAID BRIDGEPORT ADDITION; THENCE ALONG
SAID RIGHT OF WAY, NORTH 00 DEGREES 15'33" WEST 382.96 FEET TO THE NORTH
LINE OF SAID SOUTHWEST QUARTER (SWI/4); THENCE ALONG SAID NORTH LINE
NORTH 89 DEGREES 51 ' 15" EAST 659.25 FEET TO THE POINT OF BEGINNING,
CONTAINING 13 .39 ACRES, AND SUBJECT TO ALL EASEMENTS AND RIGHT OF WAYS
OF RECORD.
SUBJECT TO RIGHT OF WAYS, EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY.
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NAME OF FILE:
CROSS REFERENCE:
Date Contents of File Initials
FAYETTEVILLE
THE arY OF FAYM'I'EvILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701 P/AN
Telephone: (501) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission Members
FROM: Tim Conklin, City Planner
DATE: January 10, 2000
RZA 99-5.00: Annexation (Arkansas Oaks, pp 321 & 322) was submitted by Andy Feinstein
of Engineering Design Associates on behalf of Richard Doyle, Arkansas Oaks, Inc. for property
located at the southeast corner of Bridgeport Drive and Mount Comfort Road. The property is in
the planning growth area and contains approximately 13.39 acres. The request is to annex the
subject property into the City of Fayetteville.
RZ 99-35: Rezoning (Arkansas Oaks, pp 321 & 322) was submitted by Andy Feinstein of
Engineering Design Associates on behalf of Richard Doyle for property located at the southeast
comer of intersection of Bridgeport Drive and Mt. Comfort Road. The property is zoned A- 1 ,
Agricultural and contains approximately 13.39 acres. The request is to rezone to R-1 , Low
Density Residential.
RECOMMENDED MOTIONS:
RZA 99-5.00: Annexation Staff recommends approval of the requested annexation based
on the findings included as part of this report.
RZ 99-35: Rezoning Staff recommends approval of the requested rezoning based on the
findings included as part of this report.
PLANNING COMMISSION ACTION: X Required
Approved Denied
Date: 1/10/00
Comments:
CITY COUNCIL ACTION: X Required
H.\USERSCOMMONWAWNr,RUORMPCV-10.0 M99-5.wpd
RZA 99-5 /RZ 99-35: Arkansas Oaks
Planning Commission - 1/10199
Page 3&4.1
Approved Denied
Date:
BACKGROUND
The applicant has requested annexation and rezoning of 13.39 acres in order to develop single
family homes similar to Bridgeport Subdivision which this property adjoins. The entire west and
south property lines of the proposed annexation are contiguous with the City limits. The
adjoining property within the City is currently zoned R- 1 . R- 1 zoning allows single family
homes as a use by right and duplexes as a conditional use.
The property contains areas of 100 year floodplain and floodway and any development in these .
areas will have to comply with the Fayetteville Flood Damage Prevention Code.
The order of annexation was filed on October 16, 1999 and the confirmation of the order was
signed by Washington County Judge Jerry Hunton on November 16, 1999.
ADJACENT LAND USE AND ZONING:
North: Undeveloped, Washington County
South: Single Family Homes (Bridgeport Subdivision), R- 1
East: Undevloped, Washington County
West: Single Family Homes and Undeveloped, R- 1
INFRASTRUCTURE:
Streets: North: Mt. Comfort Road, Classified as a Minor Arterial (90' of row required)
West: Bridgeport, Classified as a Local Street (50' of row required)
American Drive, Classified as a Local Street (50' of row required)
Water: 8" line along Bridgeport Drive
8" line along Mt. Comfort
Sewer: 15" force main that transects the property
8" line along Bridgeport
LAND USE PLAN: General Plan 2020 classifies this area as residential.
FINDINGS OF THE STAFF
e:wsERACOMMOMDAWYPREPORr,NGV-10-0a PYA99-5.wPe RZA 99-5IRZ 99-35: Arkansas Oaks
Planning Commission - 1/10/99
Page 3&4.2
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
zoning of R-1 (Low Density 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 of 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.
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 would not undesirably increase the population density
and would not undesirably increase the load on public services including
schools, water, and sewer facilities. The applicant is advised that onsite and
offsite improvements will be required at the time of development.
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
H:\USERS\COMMOMDAWMVtEPORTNGU-IO-0O�RTA99-5.wpd RZA 99-5 /RZ 99.35: Arkansas Oaks
Planning Commission - 1/10/99
Page 3&4.3
ENGINEERING DESIGN ASSOCIATES , P.A.
13 4 WEST EMMA AVENUE
SPMNCDa.E, ARwwsas 72764
501 -758- 1266
FAX: 501 -756-2120
December 17,1999
Mr, Tim Conklin, Director
Planning Department
City of Fayetteville
Fayetteville, AR 72701
RE: Rezoning 13.4 Ac. On Mt. Comfort Road
Dear Mr. Conklin,
Please find attached an application and checklist for a rezoning request for the above referenced
project. The owner is requesting a rezoning from Al to Rl to allow for the eventual development of a
single family housing subdivision. The proposed rezoning would be an extension of the adjacent RI zoning
currently in place adjacent to this tract to the Southwest (Bridgeport Subdivision). .
A conceptual sketch plat has been included. A total of 12 lots are being proposed that vary in size
from approximately 0.4 acres to 2.6 acres. Access to the subdivision will be from both Mt. Comfort Rd.
and Bridgeport subdivision. The design concept is for single family residential lots of similar quality to
those in the nearby Bridgeport subdivision. Both cul-de-sac type roads as well as an Eastward extension
of American Drive are being proposed. Public utilities will be extended by the developer to serve the
subdivision. Signage will be limited to street name signs on Mt. Comfort and Bridgeport Roads.
An existing sanitary sewer bisects the parcel. Public water and wire based utilities are available by
contact with existing easements at several points on its boundary. Hamstring Creek also bisects the
property and would receive the storm drainage.
Please do not hesitate to call should you have any questions or need additional information
Sincerely,
Andy Feinstein
Project Manager
RZA 99-5 /RZ 99-35: Arkansas Oaks
Planning Commission . I/10/99
Page 3&4.4
DEL-06-99 '14 : 49 ENGINEERING &IGN RSSDCIRTES :: 7561266 P:02
IN THE COURT OF WASHINGTON COIJNTY, ARKANSAS
IN THE MATTER OF: FILED
ANNEXATION OF CERTAIN LANDS TO THE ' 99 OEC 1 PM 2
CITY ON FAYETTFVILLE, ARKANSAS
MARILYN ED.9ARDS
00: 4 PROBATE CUR,
ORDER OF ANNI;XATI01 ASNINGTO ": CO. ARC .
Now on this 16th day of November, 1999, this cause comes on to be heard, the Petitioner,
Ricard Doyle, Vice president ofArkaztsm Oaks, an Arkansas Corporation, represented by the
Counsulting firm of Engineering Design Associates, P.A., of Springdalc,_Arkansas, announcing
ready for a hearing of the cause and there beiub no protests or objections filed, whereupon, the
matter is submitted to the Court upon the verified petition filed herein, and the oral and
docuanentary evidence adduced, the Court being well sufficiently advised finds:
1 . The petition in this cause was filed October 16, 1999, at which time this Court fixed
November 16, 1999, at 10:00 a.m., as the date of hearing for said cause, and that a full thirty (30)
day notice of hearing was given as required by law and the proof of publication of said notice is
now on file with the Clerk of this Court and the Court has jurisdiction of this cause.
2. The Court is satisfied that the allegations of the petition are sustained by the proof; that
the limits of the territory to be annexed have been properly filed; that a majority of that property
owners having a freehold interest in the property hereintiller described joined in the petition and
constitute of the real owners of the arca affected.
3. The land proposed to be annexed to the City of Fayetteville, Washington County,
Arkansas, in this cause described as follows:
See exhibit "A" attached to the Petition for Annexation
and incorporated herein by reference
RZA 99-5 /RZ 99-35: Arkansas Oaks
Planning Commission - 1110199
Page 3&4.5
DEC-06-9S' 14 : 49 ENGIMHRINGISIGN RSSOCIRTES TEL : 17561256 P : 03
4. The area is not unusually large and it is contiguous and adjacent to and adjoins the
present corporate limits of the City of Fayetteville, and it is peculiarly adapted for urban purposes
and this territory should be annexed to and made a pan of the City of Fayetteville, Arkansas.
ITIS 7'1 IliREFORL'', CONSII)E•RI:U, ORDERED AND ADJUDGED that the aforesaid
real estate situated In Washington County, Arkansas, is hereby annexed to and made a part of the
City of Fayetteville, Arkansas, in accordance with Act No. t of the acts of the i.egislature of 1875
of the State of Arkansas and all acts amendatory thLTeto, particularly including Act 142 of the
Acts of Arkansas for the year 1963, as codi fled in Ark. Code Ann. § 14-40-601 , et seq., and this
Order shall be duly recorded by the Clerk of Washington County,
J Ty u gc
RZA 99-5IRZ 99-35: Arkansas Oaks
Planning Commission - 1110199
Page 3&4. 6
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Page 3&4.8
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