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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. i; KeiNlerrh Hamm®0, airpuil ®letlt entl 6x-®BlelA f# f8 F i& W lilhfil6n Er;uhryf AtlEdrleQ, tl® hetefiy F� ��� 9 IH9lrAA+�®;j1 Waa .!I�� f4f r@6Qfl�. !@ Hyr o stsl Ia4tpG heroEn And -h@ game !e Row duly r�?rQ4� with iFp 4@JRg4r1ggQ4rggAf std Beglecatp therpq� in 80 gt3fd 8194 4t+,d Ftdlta ss !rldlyg{ed lhereop. IN WITNX�2 tv + �f nP I pave helednlo set my hind and Atex®d Ir0 aesi rJ`.. said C04N en the date indl- caiad hsrpml Kathlcon +`ArNaRF Clerk An, x.yip.�Nn ppwfdef ...�-. .....-..-_.,.F�•:-ten...----"— 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 �ZA99-5 . 00 - Arkansas Oaks - 2020 Plan 3 3 0 - cRrsrn� Y.S 1 x I — 1 MOUNT COMFORT I MOUNTC 1 1 1 I r � I 1 1 I I 1 � • ESSEX 1 I 1 OMEN L _ I 1 1 1 I 1 1 L 1400 0 1400 Feet N Residentral 0 University W E Conxinity c4mn dal Industrial RZA 99-5 /RZ 99-35. Arkansas Oaks ® Planning Commission - 1110199 F6storic Corrmerdal Waxed U� Page 3&4. 7 $ ® FGstoric Districts \c Wig X99-5 . 00 - Arkansas Oaks - Close Up 1 r _ MOUNT COMFORT City Limits RZA99-5.00 J 13.39 Ac. U UVI Easeme 0 Q w R1 0 - - - - - - m R1 R-1 R-1 R-1 R-1 R1 0 2 R1 w R1 R-1 cr U. �, R-1 V R-1 R-1 R1 R1 R1 R1 R1 R-1 R-1 R-1 R-1 R-1 R-1. R 1 R-1 R-1 R-1 R-1 R 1 R.1 R 1 I 1 N 200 0 200 Fed E RZA 99-5 /RZ 99-35: Arkansas Oaks Planning Commission - 1/10/99 Page 3&4.8 S