HomeMy WebLinkAboutOrdinance 4236 FILED FbR RECORD
' 00 APR S AV) 11 36
WASHINGTON CO AR
K . HARNESS
ORDINANCE NO. 4236
_
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZ00-3 FOR A PARCEL
CONTAINING APPROXIMATELY 15 .00 ACRES LOCATED
EAST OF NEW BRIDGE DRIVE AND SOUTH OF MT.
COMFORT AS REQUESTED BY ANDY FEINSTEIN OF
ENGINEERING DESIGN ASSOCIATES.
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 as 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 21 " day of March , 2000.
APPROVED:
By: OGi'
red Hanna, Mayor
ATTEST:
By:
/j!/l% �
Heather Woodruff, City Clerl
2000026113
• • ord . 4236
EXHIBIT
Legal Description for RZ00-3
PART OF THE WEST HALF (W I/2) OF THE SOUTHEAST QUARTER (SEI/4)
OF SECTION ONE ( 1), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-
ONE (3 1 ) WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A
POINT 1081 .0 FEET NORTH OF THE SOUTHWEST CORNER OF SAID 80
ACRE TRACT, AND RUNNING, THENCE NORTH 1550.0 FEET TO THE
NORTHWEST CORNER THEREOF, THENCE EAST 419.0 FEET, THENCE
SOUTH 1859.0 FEET; THENCE ' WEST 419.0 FEET TO THE POINT OF
BEGINNING, CONTAINING 15 .00 ACRES, MORE OR LESS. SUBJECT TO
THE RIGHT OF WAY OF MT. COMFORT ROAD OVER AND ACROSS THE
NORTH SIDE THEREOF, AND ANY OTHER EASEMENTS, RIGHT OF WAYS
AND RESTRICTIONS OF RECORD, IF ANY.
20000261 / 4
I, Kathleen Hamoag, GlrcuR Clark and Ex•ofaclo
Recorder for Washington County, Arkansas, do hereby
certify that this Instrument was filed for record In my
office as Indicated hereon and the same Is now duty
recorded with the acknowledgement and certificate
thereon In Record Book and Page as Indicated thereon.
IN WITNESS WHEREOF, I have hereunto get my
hand and affixed the seal of said Court on the date Indi-
cated hereon.
Kethlaen Harness
Ci,cuit Clark and E `"officlo Recorder
tv .._ ?lG, tv�� b �
NAME OF FILE: D/ lJ/IGGP/ /1/r0 7`Z
CROSS REFERENCE:
Date Contents of File Initials
3 - 700
-oo
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113W. Mountain St. PORN
Fayetteville, AR 72701
Telephone: (501 ) 575-8264 CoR.QE
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn T. Warrick, Associate Planner
THRU: Tim Conklin, City Planner
DATE: February 14, 2000
RZA 00-1.00: Annexation (Arkansas Oaks, pp 361) was submitted by Andy Feinstien of
Engineering Design Associates on behalf of Arkansas Oaks for property located east of New
Bridge Drive and south of Mount Comfort Road. The property is in the planning growth area
and contains approximately 15 acres. The request is to annex subject property into the City of
Fayetteville.
RZ 00-3.00: Rezoning (Arkansas Oaks, pp 361) was submitted by Andy Feinstein of
Engineering Design Associates on behalf of Arkansas Oaks for property located east of New
Bridge Drive and south of Mount Comfort Road. The property is zoned A- 1 , Agricultural and
contains approximately 15 acres. The request is to rezone to R- 1 , Low Density Residential.
RECOMMENDATION:
RZA 00-1.00: Annexation - Staff recommends approval of the requested annexation based
on the findings included as part of this report.
RZ 00-3.00: Rezoning - Staff recommends approval of the requested rezoning based on the
findings included as part of this report.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: February 14, 2000
H:\USERSSCOMMOMDAWMVlEPORTS\PC%2-14-00\arocks.wpd
CITY COUNCIL.ACTION: _ Required YES
O Approved O Denied
Date:
Comments:
BACKGROUND:
The applicant is requesting annexation and rezoning of 15 acres in order to develop single family
homes. Access to this property will be from Bridgeport Subdivision to the west and also from
Mt. Comfort Rd. The property immediately west of this 15 acres was recently annexed and
rezoned to R- 1 by the same development company, also the same developers as Bridgeport
Subdivision.
The property does contain areas which are affected by the 100 year floodplain and floodway and
any development of these areas must comply with the Fayetteville Flood Damage Prevention
Code.
The order of annexation was filed on December 1 , 1999 and the confirmation of the order was
signed by Washington County Judge Jerry Hunton on January 11 , 2000.
SURROUNDING LAND USE AND ZONING
North: Undeveloped (Washington County)
South: Undeveloped (Washington County)
East: Undeveloped (Washington County)
West: Undeveloped (R- 1 ), Bridgeport Subdivision, Single Family Homes (R- 1)
INFRASTRUCTURE:
Streets: North: Mt. Comfort Rd. - Classified as a Minor Arterial (90' of right of way
required)
West: Both American Drive and New Bridge Road may be extended to provide
access to development within this property. American Drive is classified
HAUSERSCOMMOMDA WMN PEPORTSTCV-14-Maroaks.wpd
as a Local Street (50' of right of way) and New Bridge Rd. is classified as a
collector (70' of right of way), however it is built to local street standard.
Water: 8" line along Mt. Comfort Rd., 8" line stubbed out at the end of American Drive
within Bridgeport Subdivision, phase III
Sewer: 12" force main and 15 " gravity line cross the property, 8" line along the east side
of Bridgeport Subdivision, phase III
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to R- 1 , Low Density Residential after annexation is consistent with the land use plan and
compatible with surrounding land uses in the area.
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) designates 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 will 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 will not undesirably increase the population density
and will not undesirably increase the load on public services. The applicant
is advised that on-site and off-site improvements will be required at the time
of development.
The applicant has been advised that sewer treatment capacity to serve
development on this property may not be available in the future depending
H.•\USERS\COMMOWAWMVtEPORTS\PC\2-14-06Naraaks.wpd
on the timing 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
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Residential University
W E Comunity C r rnercial Industrial Office
Historic Cam-emal ® Nixed Use Open / Space Recreabonal
S Historic Districts Neighborhood Comrnercial Regional Corrrrerical
Planning Commission Minutes
February 14, 2000
Page 54
RZ00-3: REZONING
ARKANSAS OAK, PP361
This item was submitted by Andy Feinstein of Engineering Design Associates on behalf of P�q v
Arkansas Oaks for property located east of New Bridge Drive and south of Mount Comfort tom
Road. The property is zoned A- 1 , Agricultural and contains approximately 15 acres. The ?nLN
request is to rezone to R- 1 , Low Density Residential.
Michael Marie was present on behalf of the request.
Staff Recommendation
Staff recommended approval of the requested rezoning based on the finding included as a part of
the staff report.
Commission Discussion
Johnson: This is the rezoning request for the property we recommended for annexation at
the comer of New Bridge Road and Mt. Comfort Road. Tim, would you tell us why the staff
recommend approval of this proposed rezoning.
Conklin: The R- 1 zoning is consistent with the R- 1 zoning for Bridgeport Development and
the rezoning that was recommended by this Commission several weeks ago.
Johnson: Questions of staff and the applicant?
Public Comment
None
MOTION
Commissioner Hoffman made a motion to approve RZ00-3 .
Commissioner Marr seconded the motion.
Johnson: We have the motion by Commissioner Hoffman and the second by Commissioner
Marr to approve RZ00-3 . Of course, our action on rezonings is merely a recommendation on to
the Council.
I
Planning Commission Minutes
February 14, 2000
Page 55
Roll Call
Upon roll call, the motion passed with a unanimous vote of 8-0-0.
Johnson: The rezoning carried unanimously and will go forward to the Council with our
unanimous, positive recommendation.
Marie: Thank you.
Johnson: Is there other business to come before us this evening?
Conklin: Staff has no other business.
Meeting adjourned at 7:42 p.m.
i
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZ00-3 FOR A PARCEL
CONTAINING APPROXIMATELY 15.00 ACRES LOCATED
EAST OF NEW BRIDGE DRIVE AND SOUTH OF
MT. COMFORT AS REQUESTED BY
ANDY FEINSTEIN OF ENGINEERING DESIGN
ASSOCIATES.
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 described as
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 , 2000.
APPROVED:
By
ATTEST:
By
Heather Woodruff, City Clerk
Fred Hanna, Mayor
C
EXHIBIT "A"
Arkansas Oaks, RZ00-3
PART OF THE WEST HALF (W1/2) OF THE SOUTHEAST QUARTER (SE1/4) OF
SECTION ONE (1), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST,
WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT 1081.0 FEET NORTH OF
THE SOUTHWEST CORNER OF SAID 80 ACRE TRACT, AND RUNNING, THENCE
NORTH 1550.0 FEET TO THE NORTHWEST CORNER THEREOF, THENCE EAST 419.0
FEET, THENCE SOUTH 1859.0 FEET; THENCE WEST 419.0 FEET TO THE POINT OF
BEGINNING, CONTAINING 15.00 ACRES, MORE OR LESS. SUBJECT TO THE RIGHT
OF WAY OF MT. COMFORT ROAD OVER AND ACROSS THE NORTH SIDE THEREOF,
AND ANY OTHER EASEMENTS, RIGHT OF WAYS AND RESTRICTIONS OF RECORD,
IT ANY.
J
STAFF REVIEW FORM
X Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of March 7, 2000.
FROM:
Tim Conklin Planning Public Works
Name
Division
Department
ACTION REQUESTED: To approve an ordinance for RZ 00-3.00 submitted by Andy
Feinstien of Engineering Design Associates on behalf of Arkansas Oaks for
property located east of New Bridge Drive and south of Mount Comfort Road. The
property is zoned A-1, Agricultural and contains approximately 15 acres. The
request is to rezone to R-1, Low Density Residential.
COST TO CITY:
LO
Cost of this request Category/Project Budget Category/Project Name
Account Number
Project Number
i:lrl�INa��1aa+I i_i^i7
Budget Coordinator
Funds used to date Program Name
Remaining balance Fund
Budgeted Item
Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
Acc�Intind ter
2 Date
Ci y Att n Date
Purchasing Officer Date
GRANTING AGENCY•
ADA Coordinator Date
Internal Auditor Date
STAFF RECOMMENDATION: Staff recommended approval and Planning Commission
unanimously voted 8-0-0 to recommend and forward the rezoning to the City
Council.
2 -It -co Cross Reference
Date
2-/rp-o+
p New Item: Yes No
ilk i
Date Prev Ord/Res#:
i
Date Orig Contract Date:
5
FAYETTEVI LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, Planning Director
From: Heather Woodruff, City Clerk
Date: March 27, 2000
Attached is a
copy of the ordinance rezoning property
in petition RZ 00-3.
The original will be
filed with the
County, then microfilmed and filed with
the City Clerk.
cc: Ed Connell, Engineering
Tony Webb, Planning
Clyde Randall, Engineering
i
RE&IVED -
ORDINANCE NO. 4236
AN ORDINANCE REZONING
THAT PROPERTY DESCRI-
BED IN REZONING PETITION
RZOO-3 FOR A PARCEL CON-
TAINING APPROXIMATELY
15.00 ACRES LOCATED EAST
OF NEW BRIDGE DRIVE AND
SOUTH OF MT COMFORT AS
REQUESTED BY ANDY FEIN -
STEIN OF ENGINEERING DE-
• SIGN ASSOCIATES.
• BE IT ORDAINED BY THE
CITY COUNCIL OFTHE CITY
OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the zone clas-
sification of the following descri-
bed property is hereby changed
as follows:
From A-1, Agricultural to R-1,
Low Density Residential for the
real property described as in
Exhibit `A" attached hereto and
made a part hereof.
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 I
above.
PASSED AND APPROVED
this 21st day of March, 2000.
APPROVED:
By; Fred Hanna, Mayor
ATTEST:
By: Heather Woodruff, City
Clerk
EXHIBIT A"
Legal Description for RZOO-3
PART OF THE WEST HALF
(W1/2) OF HE SOUTHEAST
QUARTER (SE1/4) OF SEC-
TION ONE (1), TOWNSHIP
SIXTEEN (16) NORTH,
RANGE THIRTY-ONE (31)
WEST, WASHINGTON COUN-
TY. ARKANSAS, AND BEING
MORE PARTICULARLY DE-
SCRIBED AS FOLLOWS. TO -
WIT: BEGINNING AT A POINT
1081.0 FEET NORTH OF THE
SOUTHWEST CORNER OF
SAID 80 ACRE TRACT AND
RUNNING, THENCE NORTH
1550.0 FEET TO THE
NORTHWEST CORNER
THEREOF, THENCE WEST
419.0 FEET, THENCE SOUTH
1859.0 FEET; THENCE WEST
419.0 FEET TO THE POINT
OF BEGINNING, CONTAIN-
ING 15.00 ACRES, MORE OR
LESS. SUBJECT TO THE
RIGHT OF WAY OF MT COM-
FORT ROAD OVER AND
ACROSS THE NORTH SIDE
THEREOF, AND ANY OTHER
EASEMENTS, RIGHTS OF
WAYS AND RESTRICTIONS
OF RECORD, IF ANY.
STATE OF ARKANSAS
APR 132000
County of Washington ss.
ACCTG. DEPT.
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.
certify that -the legal notice attached in the matter of
£lam ,'.
was published in the regular daily issue of said newspaper for
consecutive insertions as follows:
The first insertion on the
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 .........
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on this
day of 20
day of 20 —
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3eneral Manager
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Cost of Proof.............................................
Total..........................................................
90. /c
............$
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