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HomeMy WebLinkAboutOrdinance 4221 . o FILED FOR RECORD ' 00178815 M 3 17 61'ASHINGTON CO AR K . HARNESS ORDINANCE NO, 4221 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ99-35 FOR A PARCEL CONTAINING APPROXIMATELY 13.39 ACRES, LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF BRIDGEPORT DRIVE AND MOUNT COMFORT ROAD, AS SUBMITTED BY RICHARD DOYLE OF ARKANSAS OAKS. 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: RZ99-35 for the real property described in Exhibit "A" attached hereto and made a part hereof. From A-1 , Agriculture to R- 1 , Low Density Residential. 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 15`" day of February , 2000. �AAEEk . ,0e y t� APPROVED v w°+ By: _ Fred Hanna, Mayor By: l Heather Woodruff, City Cle 2000019663 . • ord . 4221 .LE EXHIBIT "A" Legal Description for RZ99-35 A PART OF THE NORTHEAST QUARTER (NEI/4) OF THE SOUTHWEST QUARTER (SW1/4) 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 (SW1/4), THENCE ALONG THE EAST LINE THEREOF SOUTH D 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 DRIVE AS RECORDED ON PLAT OF SAID BRIDGEPORT ADDITION; THENCE ALONG SAID RIGHT OF WAY, NORTH 00 DEGREES 15133" 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. 2000019664 I, Kathleen Hemsse, CIMUII Clotit and Ex'0160 n000rder far Washington County, ANatneae, do hereby Certify that this Instrument wall filed for record in my office as Indicated hormon and the some Is now duly f000rded with the aoknawledgement and certificate th8reon In Rocord 0004 end Page as Indlooled thereon. IN WITNs86 WH45P.R, I h6ve haroUnto set My he , erd allittad tPho t:eel of sold Court on the data indl- C:irSd hnr:IJil. K,J Eax f1Pmci 6 tu: ^i =lrvrn in •`_,01111eie ROJOrdor .'TV��+P�' NAME OF FILE: CROSS REFERENCE: Date Contents of File Initials x - •DD - U � t FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 414Ar 113 W. Mountain St. Fayetteville, AR 72701 di u 1"$ Telephone: (501 ) 575-8264 CO's 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 corner 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..\USER.ACOMMOMDAWN7\REPORTSPGU-10-OOJtZA99-5.wpd 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 H.\USERACOMMOMDAWM\REPORTS\PCV-IO-OWL7A99-5.wpd 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 HAUSERACOMMOMDAWNT\REPORTSPCV-10-OOVf7A99-5.wpd a a ENGINEERING DESIGN ASSOCIATES , P.A. 134 WEST EMM. AVENUE SPRINGDALE, ARKANSAS 72754 501 -756- 12(545 FAX: 501 -75G-21 29 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 RI to allow for the eventual development of a single family housing subdivision. The proposed rezoning would be an extension of the adjacent R 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 RZ99-35 . 00 - Arkansas Oaks - 2020 Plan CRYSTAL w n, A� 1 I m — — — — — — x 1 I w 1 � OUNT COMFORT 1 MOUNT C F 1 1 1 J 1 r I 1 1 y 1 ESSEX 1 ILDK� R L _ 1 1 I 1 1 1 I 1 L _ — Z J I � 1400 0 1400 Feet N Residential University W E Corrunity Commerciale Industrial Office ® Historic Cormnerual Nixed Use Open / Space Recreational S Historic Districts Neighborhood Commercial Regional Commerical RZ99-35 . 00 - Arkansas Oaks - One Mile Diameter � � CRYSTAL P1 R-1 R-1 & ` — L — AA — .41 MOUNT COMFORT ' I ` MOUNT v R-1 R1 R- .5 R- R- I I DFLOWE R-1 R-1.5 � i Ni PRIN R-1.5 R-2 CO -1.5 - - - � — 09 R-p �2 1.5 m R-2 R-2 — — — — R-1 JR P.1 — — — R-2 G2 R4 A-1 xi G1 C-1 R-0 Gi R-0 Gi ER-1 G2 R-0 4 rc R-0 1400 0 1400 Feet N W E S RZ99-35 . 00 - Arkansas Oaks - Close Up I I r _ MOUNT COMFORT City Limits RZA99-5.00 J 13.39 Ac. U Utility Easement O w R-1 0 - - - - - - - - - m R-1 R-1 R-1 R 1 R-1 R-1 o R-1 w R-1 R-1 LL � R-1 R-1 R-1 V R-1 R-1 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 1 R-1 R 1 1 I jv 200 0 200 Feet E S Planning Commission Minutes January 10, 2000 Page 6 RZ99-35: REZONING ARKANSAS OAKS, PP321/322 This item was submitted by Andy Feinstein of Engineering Design Associates on behalf of Richard Doyle for property located at the southeast comer of the 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. Richard Doyle was present on behalf of the request. Staff Recommendation Staff recommended approval based on the finding included as a part of the staff report. Commission Discussion Johnson: Does staff have any additional information on this matter? Conklin: Staff has nothing further. Public Comment None. MOTION Commissioner Odom made a motion to approve the rezoning. Commissioner Hoover seconded the motion. Johnson: This decision is also a recommendation to the City Council. Roll Call Upon roll call, the motion passed with a unanimous vote of 8-0-0.