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
HAUSERSCOMMOMDAWMVtEPORTSPC\1-/4-OOtmoaks.wpd
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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.