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.
I
ORDINANCE NO.
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
MT. COMFORT 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 above.
PASSED AND APPROVED this
ATTEST:
Heather Woodruff, City Clerk
day of , 2000.
APPROVED:
a
Fred Hanna, Mayor
EXHIBIT "A"
RZ99-35
A PART OF THE NORTHEAST QUARTER (NE1/4) OF THE SOUTHWEST QUARTER
(SW 1/4) OF SECTION ONE (1), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-
ONE (31) WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST
QUARTER (NE1/4) OF THE SOUTHWEST QUARTER (SW 1/4), THENCE ALONG THE
EAST LINE THEREOF SOUTH 0 DEGREES 1533" EAST 1321.95 FEET; THENCE ALONG
THE SOUTH LINE THEREOF SOUTH 89 DEGREES 5621" 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 4523" 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 0614" 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 15'33" WEST 382.96 FEET TO THE NORTH LINE OF SAID
SOUTHWEST QUARTER (SW 1/4); 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.
L
X Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of February 1, 2000.
FROM:
Tim Conklin
F�
Planning
Division
Public Works
Department
ACTION REQUESTED: To approve an ordinance for RZ 99-35 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.
COST TO CITY:
Cost of this request
Account Number
Project Number
Category/Project Budget
Funds used to date
Category/Project Name
Program Name
Remaining balance Fund
Budgeted Item
Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
Purchasing Officer
GRANTING AGENCY
•iiiiij'i
Date
Date
STAFF RECOMMENDATION: Staff recommended approval and Planning Commission voted
unanimously 8-0-0 recommending approval of the rezoning to the City Council.
-G10 Cross Reference
Date
Date New Item: Yes No
Date Prev Ord/Res#:
/4/al
Date Orig Contract Date:
FAYETTEV&LE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, Planning
From: Heather Woodruff, City Clerk
Date: February 18, 2000
Attached is a copy
of the ordinance rezoning
request RZ 99-35
for your records.
The original
will be filed at the
County, then microfilmed
and filed with the
County.
cc: Ed Connell, Engineering
Tony Webb, Planning
ORDINANCE NO.4221
DEGREES 5522" WEST
96.50 FEET; THENCE SOUTH
AN ORDINANCE REZONING
67 DEGREES 0614" WEST
THAT PROPERTY DESCRI-
67.68 FEET; THENCE SOUTH
BED IN REZONING PETITION
86 DEGREES 5923" WEST
RZ99-35 FOR A PARCEL
39.47 FEET TO THE EAST
CONTAINING, APPROXIMATE.
RIGHT OF WAY OF BRIDGE-
LY 13.39 ACRES, LOCATED
PORT DRIVE AS RECORDED
AT THE SOUTHEAST CUR-
ON PLAT OF SAID BRIDGE-
NER OF THE INTERSECTION
PORT ADDITION; THENCE
OF BRIDGEPORT DRIVE AND'
ALONG SAID RIGHT OF WAY,
MOUNT COMFORT ROAD, AS
NORTH 00 DEGREES 1533"
SUBMITTED BY RICHARD
WEST 382.96 FEET TO THE
DOYLE OF ARKANSAS OAKS.
NORTH LINE OF SAID
SOUTHWEST QUARTER
BE IT ORDAINED BY THE
(SW1/4); THENCE ALONG
CITY COUNCIL OF THE CITY
SAID NORTH LINE NORTH
OF FAYETTEVILLE, ARKAN-
89 DEGREES 5115" EAST
SAS:
659.25 FEET TO THE POINT
OF BEGINNING, CONTAINING
Secion t. That the zone classi.
13.39 ACRES, AND SUBJECT
fication of the following descri-
TO ALL EASEMENTS AND
bed property is hereby changed
RIGHT OF. WAYS OF RE -
as follows:
CORD.
RZA99-35 for the real property
SUBJECT TO RIGHT OF
described in Exhibit "A" attach-
WAYS, EASEMENTS AND RE-
ed hereto and made a part
STRICTIONS OF RECORD, IF
hereof.
ANY.
From A-1, Agriculture to R-1,
Low Density Residential..
Section 2: That the official zon-
ing map of the City of Fayette-
ville, Arkansas, is hereby
amended to reflect the zoning
change provided in Section 1.
above.
PASSED AND APPROVED
this 15th day of February. 2000.
APPROVED:
By: Fred Hanna, Mayor
ATTEST:
Heather Woodruff, City Clerk
EXHIBIT "A"
Legal Description for RZ99-35
- -
A PART OF THE NORTHEAST
QUARTER (NE1/4) OF THE.
SOUTHWEST QUARTER
(SWI/4) OF SECTION ONE
(1), TOWNSHIP SIXTEEN (16):
NORTH, RANGE THIRTY-ONE
(31) WASHINGTON COUNTY,
ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED
AS BEGINNING AT THE
NORTHEAST CORNER OF
SAID NORTHEAST QUARTER
(NEif4) OF THE SOUTHWEST
QUARTER (SW1/4), THENCE
ALONG THE EAST LINE
THEREOF SOUTH 0 DE-
GREES 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 AD-
DITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS;
THENCE ALONG THE EAST
LINE OF SAID PHASE III AD-
DITION, NORTH 00 DEGREES
1730" WEST 887.70 FEET TO
THE CENTER OF HAM-
STRING CREEK; THENCE
ALONG THE CENTER OF
SAID CREEK SOUTH 79 DE-
GREES 4523" WEST 75.54
FEET; THENCE NORTH 29
DEGREES 2025" WEST 80.42
FEET; THENCE NORTH 76
STATE OF ARKANSAS
County of Washington SS..
I, JEFF JEFFUS, hereby certify that I am the publisher of THE
NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class
mailing privilege, and being not less than four pages of five columns each,
published at a fixed place of business and at fixed (daily) intervals
continuously in the City of Fayetteville, County of Washington, Arkansas for
more than a period of twelve months, circulated and distributed from an
established place of business to subscribers and readers generally of all
classes in the City and County for a definite price for each copy, or a fixed
price per annum, which price was fixed at what is considered the value of the
publication, based upon the news value and service value it contains, that at
least fifty percent of the subscribers thereto have paid for their subscriptions
to the newspaper or its agents or through recognized news dealers over a
period of at least six months and that the said newspaper publishes an
average of more than forty percent news matter.
I further certify that the legal notice attached in the matter of
was published in the regular daily issue of said newspaper for / ,1e2
consecutive insertions as follows:
The first insertion on the , d day of 20
the second insertion on the
the third insertion on the
the fourth insertion on the
Sworn to and subscribed
My Commission Expires:
Fees for Printing.....................
me on this
day of 20 —
day of 20 -
y Of 20
general Manager
day of
0f A?tDN
Notary Public
•-•- /3.30
................... $
Costof Proof.............................................................$
Total........................................
$ /3h2.L39
RECEIVE[.
MAR 03 2000
ACCTG" DEPT