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HomeMy WebLinkAboutOrdinance 4332 ORDINANCE NO. 4332 0 AN ORDINANCE REZONING THAT PROPERTY 'J DESCRIBED IN REZONING PETITION RZN 01- 11 .00 l FOR A PARCEL CONTAINING APPROXIMATELY F3 _ r , 14.47 ACRES FOR PROPERTY LOCATED EAST OF C c Co o SUNSHINE ROAD AND SOUTH OF MOUNT COMFORT c -n ROAD, AS SUBMITTED BY PHILIP HUMBARD OF o ENGINEERING SERVICES, INC. ON BEHALF OF CROSS N r N CREEK SUBDIVISION, LLC o 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. PASSED AND APPROVED this 21" day of August, 2001 . ` �" < '• APPROVED: t.+4- ✓ ' By: DAN COODY, May ATTEST:. By: 5'/6 - Bather Woodruff, City qerk 2001104489 . Ord . 4332 EXHIBIT "A" RZN 0141 .00 PART OF THE NORTHEAST QUARTER (NES/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION TWO (2) , TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY-ONE (3 1 ) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE N00° 11 '07"W ALONG THE EAST LINE OF SAID 40 ACRE TRACT 520.61 FEET TO THE CENTER OF HAMESTRING CREEK; THENCE ALONG THE CENTERLINE OF SAID CREEK, THE FOLLOWING BEARINGS AND DISTANCES; NORTH 85059'24" WEST 139.51 FEET; NORTH 41 °23'43" WEST 55.69 FEET; NORTH 72°20'48" WEST 101 . 76 FEET; SOUTH 78°29'37" WEST 362.08 FEET; SOUTH 61 ° 19'53" WEST 312.06 FEET; NORTH 76°24' 12" WEST 262. 12 FEET TO THE CENTERLINE OF COUNTY ROAD 877; THENCE ALONG THE CENTERLINE OF SAID ROAD THE FOLLOWING BEARINGS AND DISTANCES; SOUTH 42006'35" WEST 145 .89 FEET; SOUTH 23053'30" WEST 96.74 FEET; SOUTH 02° 17'31 " WEST 221 . 27 FEET; SOUTH 06023' 12" WEST 21 .5 FEET TO THE SOUTH LINE OF SAID 40 ACRE TRACT; THENCE SOUTH 89050'24" EAST 1306.74 FEET TO THE POINT OF BEGINNING, CONTAINING 14.47 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED TRACT BEING SUBJECT TO COUNTY ROAD RIGHT-OF-WAY ALONG THE WEST BOUNDARY AND ANY OTHER EASEMENTS OF RECORD. 2001104490 I, Batts Btsmpe, Clrcult Do* and E#=afeele 9ee6fdaf fof Washln®ton County, Arkdmgas, do Nfe5y egHly that IN# Instrument was MIed f@f feaifd in my 6Ma@ as ndlmtod hafeen and IN @wnni i§ now duly fessfdaN with tha aaknawedgamant and oa:ej$Cv.jic th@r@9A In Raeord Book and Piga as ihdi5at4d thereon, IN WIt ARO WbBRBCP, I hay@ hif4Un!g set j y hand And rOxcd tha aeaLl of said Cciurt en trio Bete Indi• ca%d horaon. Dft @th ,a9 Ctfajit ' a k d ri aia Smdor by NAME OF FILE: Ordinance No. 4332 CROSS REFERENCE: 08/21/01 Ordinance No. 4332 Exhibit "A" (Legal Description regarding RZN 01 - 11 .00) 07/2301 Planning Division Correspondence 07/09/01 Planning Division Minutes (Pg. 13- 18) 08/07/01 Staff Review Form 08/27/01 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City Clerk 08/30/01 Proof of Publication NOTES: ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 01 , 11 .00 FOR A PARCEL CONTAINING APPROXIMATELY 14.47 ACRES FOR PROPERTY ` LOCATED EAST OF SUNSHINE ROAD AND SOUTH OF MOUNT COMFORT ROAD, AS SUBMITTED BY PHILIP HUMBARD OF ENGINEERING SERVICES, INC. ON BEHALF OF CROSS CREEK SUBDIVISION, LLC 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. PASSED AND APPROVED this day of , 2001 . APPROVED: By: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBIT "A" RZN 01- 11 .00 PART OF THE NORTHEAST QUARTER (NE'/e) OF THE SOUTHEAST QUARTER (SE'/4) OF SECTION TWO (2), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY-ONE (3 1 ) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE N00° 11 '07"W ALONG THE EAST LINE OF SAID 40 ACRE TRACT 520.61 FEET TO THE CENTER OF HAMESTRING CREEK; THENCE ALONG THE CENTERLINE OF SAID CREEK, THE FOLLOWING BEARINGS AND DISTANCES; NORTH 85°59'24" WEST 139. 51 FEET; NORTH 41 °23'43 " WEST 55 .69 FEET; NORTH 72°20'48" WEST 101 .76 FEET; SOUTH 78029'37" WEST 362.08 FEET; SOUTH 61 ° 19'53 " WEST 312.06 FEET; NORTH 76°24' 12" WEST 262. 12 FEET TO THE CENTERLINE OF COUNTY ROAD 877; THENCE ALONG THE CENTERLINE OF SAID ROAD THE FOLLOWING BEARINGS AND DISTANCES; SOUTH 42006'35 " WEST 145 . 89 FEET; SOUTH 23 °53 '30" WEST 96.74 FEET; SOUTH 02° 17'31 " WEST 221 .27 FEET; SOUTH 06°23' 12" WEST 21 .5 FEET TO THE SOUTH LINE OF SAID 40 ACRE TRACT; THENCE SOUTH 89°50'24" EAST 1306.74 FEET TO THE POINT OF BEGINNING, CONTAINING 14.47 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS . THE ABOVE DESCRIBED TRACT BEING SUBJECT TO COUNTY ROAD RIGHT-OF-WAY ALONG THE WEST BOUNDARY AND ANY OTHER EASEMENTS OF RECORD. FAYETTEILLE 0 THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody City Council FROM: Hugh Earnest, Urban Development Director DATE: July 23 , 2001 SUBJECT: RZN 01 -11 .00: Rezoning (Cross Creek Subdivision, LLC, pp 359) BACKGROUND RZN 01 - 11 .00: Rezoning (Cross Creek Subdivision, LLC, pp 359) was submitted by Philip Humbard of Engineering Services Inc. on behalf of Cross Creek Subdivision, LLC for property located east of Sunshine Road and south of Mount Comfort Road. The property is zoned A- 1 , Agricultural and contains approximately 14.47 acres. The request is to rezone to R- 1 , Low Density Residential. The subject property is located north of a recently annexed 40 acre tract of land which is west 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 subject tract is bounded on the north and west by county property and on the east by R- 1 property. The area is within the City' s Planning Area boundary and it is situated at the far western edge of Fayetteville. A preliminary plat for this area in combination with the 40 acre tract to the south is being processed at this time. CURRENTSTATUS The rezonning was recommended by the Planning Commission on July 9, 2001 by a 9-0-0 vote and forwarded to the City Council for approval. RECOMMENDATION The Planning Commission and staff recommended approval of the requested rezoning based on the findings included as part of this report. H:I USERSICOMMOjVIDAWNnPEPORTSIPC17-9-0!ICrosscreek_rezone_CC. wpd • • 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: July 9, 2001 RZN 01-11.00: Rezoning (Cross Creek Subdivision, LLC, pp 359) was submitted by Philip Humbard of Engineering Services Inc. on behalf of Cross Creek Subdivision, LLC for property located east of Sunshine Road and south of Mount Comfort Road. The property is zoned A- 1 , Agricultural and contains approximately 14.47 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 COMNUSSION ACTION: Required YES O Approved O Denied Date: July 9, 2001 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: AuEust 7, 2001 Of reading) Comments: H.-I USERSICOARNOMDAWN7VtEPOR7SlPC17-9-011crosscreek_rezone.wpd BACKGROUND: The subject property is located north of a recently annexed 40 acre tract of land which is west 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 subject tract is bounded on the north and west by county property and on the east by R- 1 property. The area is within the City's Planning Area boundary and it is situated at the far western edge of Fayetteville. A preliminary plat for this area in combination with the 40 acre tract to the south is being processed at this time. SURROUNDING LAND USE AND ZONING North: County property, Residential, Agricultural South: Vacant, R-1 (Cross Creek Preliminary Plat) East: Vacant, R-1 (Bridgeport subdivision - under construction) West: County property, Residential, Agricultural INFRASTRUCTURE Access to this property is from Mt. Comfort Rd. and Sunshine Road (WC 887) and through the Bridgeport Subdivision. Improvements to infrastructure and extension of water and sewer to serve this property will be reviewed at the time of development. 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. 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. H:I USERSICObA40MDAWNTIRF-POR751PCI7-9-O/Icrosscreek_rezone.wpd • • 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 57 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 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:IUSERSICOMMONIDAWNTIRUOR7SNC17-9-011crosscreek rezone.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.,iUSERSICOAZNONIDAWN71REPORnVC17-9-011crosscreek rezone.wpd SEWER CAPACITY WARNING The City of Fayetteville is nearing its permitted capacity at its current sewer plant. Fayetteville needs and has been planning to build a new sewer plant. However, it cannot guarantee when or if such a new sewer plant will be built to increase the City's capacity to accept sewage from residents and businesses. I acknowledge receipt of a copy of this Notice, and I understand that even if I have received or will receive City Approval of requested annexation, rezoning, or other land use development or construction approval, I am not assured that I will be allowed na sewer hook-up. Date Applicant A copy of the above notice was provided to the applicant on the 18 day of .7aevE 2001 . Planning Department Representative