HomeMy WebLinkAboutOrdinance 4310 • FILED FOR RECORD
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ORDINANCE NO. 4310
WASHINGf'uN CO AR
AN ORDINANCE REZONING THAT PROPERTY DESCRIlkEVAMPS
IN REZONING PETITION RZO1 -6.00 FOR A PARCEL
CONTAINING APPROXIMATELY 40 ACRES LOCATED
EAST OF SUNSHINE ROAD AND NORTH OF HIGHWAY 16
AS SUBMITTED BY MICHELE A. HARRINGTON ON BEHALF
OF TMC & 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 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.
f0PED AND APPROVED this V day of May, 2001 .
Esti + r APPROVED:
* ; By:
&ZA
�+ DAN COODY, Mayor
ATTEST:
By:
Bather Woo ruff, City Cle
2001051 534
• • ord . 4310 e,
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EXHIBIT A
EXHIBIT "A"
RZOI-6.00
THE SOUTHEAST QUARTER (SEI/4) OF THE SOUTHEAST QUARTER (SE'/4) OF
SECTION TWO (2), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY-ONE (3 1 )
WEST, ALSO BEING DESCRIBED AS FOLLOWS :
BEGINNING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE
S00° I 1 '07"E 1314.80 FEET TO AN ALUMINUM MONUMENT AT THE SOUTHEAST
CORNER OF SAID 40 ACRE TRACT; THENCE S89°58'09"W 1322.57 FEET TO A SET
RAILROAD SPIKE AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE
N00° 12'58"W 1319.20 FEET TO THE NORTHWEST CORNER OF SAID 40 ACRE TRACT;
THENCE S89050'24"E 1323.30 FEET TO THE POINT OF BEGINNING, CONTAINING 40.00
ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS . THE ABOVE
DESCRIBED 40.00 ACRE TRACT BEING SUBJECT TO A FIFTEEN ( 15) FOOT WIDE
SEWER LINE EASEMENT, A FIFTY (50) FOOT WIDE ELECTRIC EASEMENT ALONG
THE EAST BOUNDARY, AND ANY OTHER EASEMENTS OF RECORD, IF ANY.
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NAME OF FILE: Ordinance No. 4310
CROSS REFERENCE:
05/01 /01 Ordinance No. 4310
Exhibit "A" (Legal Description of RZO1 -6.00)
03/21 /01 Planning Division Correspondence
03/26/01 Planning Commission Minutes (Pages 61 & 62)
04/ 17/01 Staff Review Form
05/04/01 Departmental Correspondence from City Clerk
05/10/01 Proof of Publication
NOTES :
ORDINANCE NO,
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZO1 -6.00 FOR A PARCEL
CONTAINING APPROXIMATELY 40 ACRES LOCATED
EAST OF SUNSHINE ROAD AND NORTH OF HIGHWAY 16
AS SUBMITTED BY MICHELE A. HARRINGTON ON BEHALF
OF TMC & 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 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 I above.
PASSED AND APPROVED this day of , 2001 .
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
• i
EXHIBIT "A"
RZO1 -6.00
THE SOUTHEAST QUARTER (SE'/4) OF THE SOUTHEAST QUARTER (SE'/4) OF SECTION
TWO (2), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (3 1 ) WEST, ALSO
BEING DESCRIBED AS FOLLOWS :
BEGINNING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE
S00° 11 '07"E 1314.80 FEET TO AN ALUMINUM MONUMENT AT THE SOUTHEAST
CORNER OF SAID 40 ACRE TRACT; THENCE S89°58'09"W 1322.57 FEET TO A SET
RAILROAD SPIKE AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE
N00012'58 "W 1319.20 FEET TO THE NORTHWEST CORNER OF SAID 40 ACRE TRACT;
THENCE S89050124"E 1323 .30 FEET TO THE POINT OF BEGINNING, CONTAINING 40.00
ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE
DESCRIBED 40.00 ACRE TRACT BEING SUBJECT TO A FIFTEEN ( 15) FOOT WIDE
SEWER LINE EASEMENT, A FIFTY (50) FOOT WIDE ELECTRIC EASEMENT ALONG THE
EAST BOUNDARY, AND ANY OTHER EASEMENTS OF RECORD, IF ANY.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501 ) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM : Dawn T. Warrick, Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: March 21 , 2001
RZ 01 -6.00: Rezoning (TMC & Associates, pp 359) was submitted by Michele A. Harrington
on behalf of TMC & Associates for property located east of Sunshine Road and north of
Highway 16. The property is zoned A- 1 , Agricultural and contains approximately 40 acres. The
request is to rezone to R- 1 , Low Density Residential.
RECOMMENDATION:
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: March 26, 2001
CITY COUNCIL ACTION : Required YES
O Approved O Denied
Date:
Comments:
H:I USERSICO�NMONID.4WN7IREPOR7SIPC13-16-0/Itmc_n.wpd
BACKGROUND:
The subject property is located just west of the future phases of Bridgeport Subdivision. Access
is from WC 887, Sunshine Road and from WC 882, Jess Anderson Road. Eventually access will
be available through Bridgeport by way of the Master Street Plan collector New Bridge Drive.
The site is north and west of the Fieldstone Subdivision, however, access to that development is
not available from this location.
The 40 acre tract is surrounded on three sides (north, south and west) by county property and on
the east by undeveloped R- 1 property. The area is well within the City's Planning Area
boundary, it is situated at the far western edge of Fayetteville. This property is currently claimed
by the Farmington School District.
Annexation of the property is being requested as a precursor to this rezoning request.
SURROUNDING LAND USE AND ZONING
North: County property, Residential, Agricultural
South: County property, Residential, Agricultural
East: Vacant (future phases of Bridgeport Subdivision), R- 1
West: County property, Residential, Agricultural
INFRASTRUCTURE:
Surrounding roads (Jess Anderson Rd., Wheeler Road, Sunshine Road) are all county roads and
are not built to City standards. Construction of portions of at least two Master Street Plan streets
will be the responsibility of the developer of this property in order to provide the required street
connections.
Water and sewer connections will be available when the adjacent phase (the Final phase - VI) of
Bridgeport Subdivision is completed.
Additional per lot sewer fees will be required of any development due to sewer improvement
needs in the Hamestring Creek Basin.
LAND USE PLAN: General Plan 2020 designates this site Residential . Rezoning this property
to R- 1 , Low Density Residential is consistent with the land use plan and compatible with
surrounding land uses in the area.
H:1 USERSICOA4MO"AWNYIRFPORTSPCI3-26-OI l tmc_m.wpd
a 0
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 proposed zoning is consistent with the General Plan 2020 which calls for
this property to develop with a residential land use.
2 . A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is justified at this time, it is consistent with the General
Plan 2020 and is compatible with adjacent properties. Development of this
property under R-1 zoning represents a more efficient use of infrastructure
than an A-1 residential development with larger lots that may have the
potential in the future to be further divided.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning could provide for a maximum of 160 single family
homes. This would be an increase from the amount of traffic currently
generated by this site. Further review at the time of development will be
necessary to implement any controls or improvements needed as a result of
traffic generated by a proposed project. Connectivity and extension of the
City's Master Street Plan will be required at the time of development.
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 alter population density. The load on public
services will be determined by a proposed development. The property is
currently served by the Farmington School District. Water and sewer
utilities will be available to the site when the final phases of the Bridgeport
subdivision are completed and accepted by the City. Phase 4 has been
approved, phases 5 and 6 are still under construction.
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
H. IUSERSICOMMO"AWN7IP"OR7SPC13-26-011tmc_M.wpd
N a
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:1 USERSICOAWO"AWN7IRF-POR7SPC13-16-0!I imc_n.wpd
§ 161 .04 DISTRICT R-1 : LOW D. Bulk and Area Regulations.
DENSITY RESIDENTIAL. Single- Two-Family
A. Purpose. The Low Density Family
Residential District is designed to permit Lot 70 ft. 80 ft.
and encourage the development of low Minimum
density detached dwellings in suitable Width
environments, as well as to protect existing
development of these types. Lot Area 8,000 sq. ft. 12,000 sq.ft.
Minimum
B. Uses. Land Area 8,000 sq. ft. 6,000 sq. ft.
Per
1 . Permitted Uses. Dwelling
Unit 1 City-Wide Uses by Right Unit
Unit 26 Single-Family Dwelling E. Yard Requirements (feet).
2. UsesPermissible on FRONT SIDE REAR
Appeal to the Planning Commission. YARD YARD YARD
Unit 2 City-Wide Uses by Conditional 25 8 20
Use Permit
F. Building Area. On any lot the
Unit 3 Public Protection and Utility
area occupied by all buildings shall not
Facilities exceed 40% of the total area of such lot.
Unit 4 Cultural and Recreational
Facilities (Code 1991 , § 160.031 )
Unit 8 Single-Family and Two-
Family Dwellings
C. Density.
SINGLE- TWO FAMILY
FAMILY DWELLINGS
DWELLINGS
4 or Less Families 7 or Less Families
Per Acre Per Acre
H:IUSERSICOMM140MDAIVN71REPOR7SIPC13-26-OPimc_m.wpd
6 a
Rezoning Application dated 3 .2 .01
Item #6.
a. The proposed zoning change is from A-1 (the automatic zoning upon
annexation) to R-1 for the purpose of building single family homes within the
restrictions of the R-1 zone.
b. The reason for the requested zoning change is that a single family
residence subdivision is not permitted in the A-1 zone.
C. ( 1 ) The development of this property into a single family residential
subdivision will be the same type of use as the surrounding
properties (similar residential development in the area) ;
(2) The road in front of the property to be rezoned will be improved
in accordance with City ordinances when the property is
developed; the county road (Sunshine) is newly paved to Mt.
Comfort. There is very little traffic and only a few residences on
the existing road . There is a street stubbed out to this property in
Bridgeport Subdivision which will be connected through this
development.
(3) The proposed development will be harmonious in appearance
with the development in the area.
(4) Signage will involve only the subdivision signs.
d. Water line (81 is stubbed out at end of Newbridge Road from
Bridgeport Subdivision Phases IV, V, and VI, and 8" gravity sewer passes through
the property; manholes are already in place.
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Planning Commission
March 26, 2001
Page 61
RZ 01-6.00: Rezoning (TMC & Associates, pp 359) was submitted by Michele A. Harrington on
behalf of TMC & Associates for property located east of Sunshine Road and north of Highway 16.
The property is zoned A -1, Agricultural and contains approximately 40 acres. The request is to rezone
to R-1, Low Density Residential.
Odom: The next item is the rezoning RZ 01-6.00 submitted by Michele A. Harrington on behalf
of TMC & Associates for property located east of Sunshine Road and north of
Highway 16. The property is zoned A-1, Agricultural and contains approximately 40
acres. The request is to rezone to R-1, Low Density Residential. The staffs
recommendation is for approval of the requested rezoning based upon the findings as a
part of this report. Did you have additional presentation on this?
Krug: I have no additional presentation.
PUBLIC COMMENT:
Odom: Any member of the audience wish to address on the rezoning issue?
COMMISSION DISCUSSION:
Odom: Seeing none, I'll close the floor to public discussion and bring it back to the Planning
Commission for questions, comments or actions.
MOTION:
Estes: I move that we approve and forward RZ 01-6.00. The reason being that rezoning this
property to R-1, Low -Density Residential is consistent with the land use plan and
compatible with all of the surrounding land uses in this area.
Mari: Second.
Odom: We have a motion and a second to approve RZ 01-6.00. Any further discussion?
Hoffman: I have one additional comment. When a preliminary plat comes through, I would like to
reinstitute the practice of stating that the water and sewer tap availability is limited.
That's not for the rezoning, I don't think, but when a plat comes through I would like
that note to be added to the plats. Just an FYI.
Conklin: Thank you commissioner Hoffman. The applicant should be aware of that and I'm glad
•
Planning Commission
March 26, 2001
Page 62
you brought that up. Yes, our sewage treatment plant is reaching or is near capacity in
the near future and the City cannot guarantee that if a development comes in two and a
half years from now on this piece of property that there will be sewer taps available.
We try to advise all the applicants that come to the Planning Division with regard to the
current sewage treatment plant capacity issue. Thank you.
Odom: Any further discussion? Will you call the roll?
ROLL CALL:
Upon roll call RZ 01-6.00 is approved by a unanimous vote of 9-0-0.
STAFF REVIEW FORM
X Agenda Request
_ Contract Review 04 09-01A10:19 RC
Grant Review
For the Fayetteville City Council meeting of April 17, 2001.
FROM:
Tim Conklin Planning Public Works
Name Division Department
ACTION REQUESTED:
To approve an ordinance for
RZ 01-6.00
submitted
by
Michele
A. Harrington on
behalf of TMC &
Associates for
property
located east
of
Sunshine
Road and north
of Highway 16.
The property
is zoned
A-1, Agricultural
and
contains approximately 40 acres.
The request
is to rezone to R-1,
Low
Density
Residential.
COST TO CITY:
so
Cost of this request
Account Number
Project Number
Category/Project Budget
Funds used to date
Category/Project Name
Program Name
Remaining balance Fund
BUDGET REVIEW: Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
Ac nting Manager Date ADA Coordinator Date
1 7/. l✓ — a e e/
ci ty Attorney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION: Staff recommended approval and Planning Commission
unanimously voted 9-0-0 to recommend and forward the rezoning to the City
Council.
Cross Reference
Date
4Da
New Item: Yes No
Date Prey Ord/Res#:
at Orig Contract Date:
t e
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, Planning
From: Heather Woodruff, City Clerk
Date: May 4, 2001
Attached is a copy of the ordinance approving rezoning request RZ 01-6.00. The original will be
microfilmed and filed with the City Clerk.
cc: John Goddard, Info. Tech.
Scott Caldwell, Info. Tech.
Ed Connell, Engineering
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AFFIDAVIT OF. PUBLICATION
do solemnly
swear that I am Legal Clerk of the Arkansas
Democrat -Gazette
Newspaper,
printed and published
at Lowell,
Arkansas and that
from my own
personal knowledge
and
reference to the files of said publication the advertisement of
43/n
Was inserted in the regular editions on
Publication Charge _______________
Purchase Order #
Subscribed and sworn to before me this
—AIZ q_ day of_
Public
My commission expires
OFFICIAL SEAL
CAROLYN COAKLEY
Dtwy&4c uc, Fayetteville, Arkansas 72701, (501)571-6467
Was tngton County
05-16-01A08:47 RCVD