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
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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•
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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
R/.N 01-1 *Cross Creek Land Use
/\\/ STREETS N
Master Street Plan
Freeway/Expressway
Principal Arterial W E
°°o °O Minor Arterial
Collector
Historical Collector S
f/Fayetteville City Limits
Land use
Residential
720 0 720 1440 Feet
RZN 01-1 dross Creel�One Mile
Master Street Plan
Freeway/Expressway N
Q' Principal Arterial
• • NGnor Arterial
,/'. 1 Collector W E
AY Historical Collector
v/ STREETS S
NFayetteville City Limits
0 Washcnty
0.5 0 0.5 Miles
RZN 01-1'�Cross Creek Close Up
Subject Property
a O
0
°o oq H. R-1 R-1 3
[ii
oI II .
/V STREETS N
Master Street Plan
NFr / resswa
Principal Arterial y W E
:. • MnorArterial
,t%eo Collector S
Historical Collector
NFayetteville City Limits
4] Washcnty
0 480 960 Feet
P
Planning Commission
July 9, 2001
Page 13
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.
Estes: The next item of business to come before the Commission is rezoning request 01-11.00
Cross Creek Subdivision 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. This is a companion item to the annexation request that we just heard. Is
the applicant now present? Seeing that the applicant is not present, let me say this, staff
does recommend approval of the requested rezoning based on finding included as part
of the report. However, before we proceed further is there a motion by any member of
the Commission to hear this rezoning request without the applicant present?
Hoffman: I believe it's proper to make a motion to table the item pending the appearance of the
applicant.
Estes: Is there a motion to table this rezoning request pending the appearance of the applicant?
MOTION:
Hoffman: That's my motion.
Man: I'll second.
Shackelford: Just
because I don't like
to table any item,
it is
my understanding that
this would strictly
be a
recommendation to
City Council if it
was
approved at this point,
correct?
Estes: That is correct.
Shackelford: I'm going to vote against tabling the motion basically because I think the hearing with
City Council would give the public to comment at that level.
Estes: There is a motion by Commissioner Hoffman and second by Commissioner Man to
table rezoning request 01-11.00 pending appearance of the applicant, is there any other
discussion?
E
Planning Commission
July 9, 2001
Page 14
Bunch: Since the preliminary plat is already in the system, what effect would tabling this have
on the progression of the preliminary plat?
Conklin: The preliminary plat was originally submitted showing this 14 acres, however, staff
required them to remove that from their preliminary plat since it was not annexed into
the City and not zoned. Right now we do have a phase of Cross Creek Subdivision,
which is now called Fairfield, coming through the process which is in the City. There is
one issue that still needs to be resolved outside of this annexation and that is any
development that contains over 100 dwelling units has to plan for a park. In this
situation the applicant has acquired this 14 acres and the Parks Board has
recommended that there be land dedication. If they don't annex this in and rezone it,
they will have to get permission to not provide parkland and pay the in lieu fee. We are
trying to get it all together in a timely fashion. We probably would hold up the
preliminary plat until the Council decided on the parkland issue prior to approving that
at Planning Commission. I'm not sure where those dates fall in right now. Once again,
the applicant was aware of the meeting tonight. I'm not sure what happened.
Estes: Any further discussion, questions? We have a motion by Commissioner Hoffman and
motion by Commissioner Man to table rezoning request 01-11.00 pending the
appearance of the applicant. Sheri, would you call the roll please?
ROLL CALL:
Upon roll call the motion to table RZ 01-11.00 passes by a vote of 6-3-0 with Commissioners Ward,
Shackelford and Bishop voting "No".
LATER IN THE MEETING:
Shackelford: Is there any opportunity that we can see if the applicant is present and hear item number
seven that was tabled at this time?
Estes: This meeting was noticed for 5:30 p.m. this evening. When item number seven was
called there was a motion by Commissioner Hoffman and a second by Commissioner
Marr to table the rezoning request 01-11.00 until the applicant was present at the next
regularly called meeting. I suppose that if one of those making the motion would like to
move for reconsideration of that motion, that could be done.
I
n
Planning Commission
July 9, 2001
Page 15
MOTION:
Hoffman: I would so move to hear the item now, although we would have preferred to have
heard it when it came up in it's order. In order to not hold up the applicant and be
helpful in this process, I would like to move that we reconsider and hear the item
tonight.
Man: I'll second.
Estes: We have a motion by Commissioner Hoffman and a second by Commissioner Man to
reconsider the motion to table item number seven, the rezoning request 01-11.00. Is
there any discussion of the motion? Sheri, would you call the roll please?
ROLL CALL:
Upon roll call the motion to reconsider rezoning request 01-11.00 is approved by a vote of 8-1-0.
Estes: We will now, for the second time, call item number seven, rezoning 01-11.00. This is
rezoning request 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.
Staff recommends approval of the requested rezoning based on the findings included as
part of this report. Is the applicant now present?
Williamson: Yes. My name is Len Williamson and I represent Cross Creek, LLC. I apologize for
the imposition on your time, I wasn't planning to even be here but I'm glad I came and I
appreciate the opportunity of doing this tonight. What happened to Mr. Humbard, I
don't know, if I knew I would tell you. We would just like to, as we did with the
adjacent 40 acres just a few months ago, this 14.74 acres would be additional property
included in the previous rezoning request that we made. We ask for your approval.
Thank you.
PUBLIC COMMENT:
Estes: Is there any member of the public now present who would wish to provide public
comment on this rezoning request 01-11.00? Let me say this for the purpose of the
record: When this item was previously called, there was no member of the public
present who wished to offer public comment and now there is no member of the public
Planning Commission
July 9, 2001
Page 16
present who wishes to offer public comment.
CK/J1% IMI&=130 IJ 6Y/11i.Y.y (IXP
Estes: Seeing no public comment, I'll bring it back to the full Commission for discussion,
motions.
Hoffman: The reason I did want the applicant present is, I do have some questions about the
circulation to and from the proposed site. By the acreage, I believe, 57 units would be
the maximum allowed in an R-1 district. Is Adams the only paved road that this
property abuts? I've got Jess Anderson as being a proposed minor arterial and
Sunshine as being a proposed street. Those are the only two other streets besides
Adams that I see that reach this property, is that right?
Williamson: This property of which about 5 acres is below a bluff area on the north. The south
portion of this property, approximately 9 to 10 acres, joins the 40 acres to the south
which is accessed to the Bridgeport Subdivision. The Bridgeport Subdivision
thoroughfare comes through this proposed subdivision. This is just an appendage on
the original 40 acre parcel. I think that I might appeal to Mr. Conklin to help me here
but I believe that we have submitted our preliminary plat for the property that has
already zoned and then we tied this property up and started the rezoning process. You
are right, Sunshine Road would be the major arterial and I believe that is 110 foot right-
of-way, for that property to the west of that subdivision.
Hoffman: But it only joins this particular part of the subdivision for just a real short area and it
doesn't above the property. The problem is, I've got the maps on page 7.5 and 7.6
that really show a very small portion of the property being adjacent to a street, we
show chicken houses where development is. In the preliminary plat do we have a
better idea of what's happening?
Conklin: The chicken houses are no longer there. On the preliminary plat, we'll do better with
our maps I promise you that, Sunshine Road is paved from Mount Comfort and does
adjoin this property on the west and it also joins the 40 acre tract that we annexed two
or three months ago. If you look at page 7.6, you find the word Mount Comfort and
follow Sunshine Road, that street is paved and does adjoin that property, that's shaded
in, on the west side. It also stops there and is gravel south of there, which the City of
Fayetteville is recommending that the developer improve one-half that street to City
standards and the other half to County standards, paved.
a
Planning Commission
July 9, 2001
Page 17
Hoffman: Jess Anderson would be a part of that improvement as well, on the south side which
completely abuts his property?
Conklin: What's called Jess Anderson completely on this side, that's not a road through the
south side on our Master Street Plan, that's a city limit line. They also have access
through Newbridge Road through Bridgeport Subdivision through a stub -out.
MOTION:
Hoffman: With that being said and if the Parks Department and everybody are working out those
issues, I'll make a motion to go ahead and approve this rezoning subject to any staff
comments.
Shackelford: I'll second.
Marr: I read the staff report that the findings are that the zoning will alter population density
and are we comfortable that there is no undesirable increase in the load of public
services, water and sewer facilities specifically for this? Have we made the applicant
aware of that may be an issue of development?
Conklin: The applicant does now sign a waiver form with the understanding that the City of
Fayetteville is planning a new wastewater treatment plant and future growth and
development is contingent on us being able to provide additional capacity. They are
aware of that. With regard to infrastructure improvements, at the time of preliminary
plat approval, that is something that City staff does make recommendations with regard
to streets, water, sewer and other types of infrastructure. Once again, with regard to
the road along the western boundary line, we are asking them for 14 feet from
centerline, curb and gutter, storm drainage, sidewalks plus meeting County standards
on the west. There are two or three additional streets to the back east they can use on
Newbridge Road. Through the Planning Commission's efforts, we do have stub -outs
that will provide future connections through Fieldstone Subdivision and Willow Springs
Subdivision through Bridgeport Subdivision. We do have three subdivisions that have
been planned, built to provide access between Mount Comfort and Wedington Road.
There will be additional ways in and out of this subdivision through those access points.
With regard to schools, I have contacted the school district over many years, their
response to the Planning Division is that they will plan for future increases in the school
children. In this area, if you look at page 7.6, just north of Mount Comfort Road, there
is a new middle school and elementary school. That's been the official response from
the school district. On the previous 40 acre annexation that was approved two months
•
Planning Commission
July 9, 2001
Page 18
ago, all the departments were contacted and there were no negative responses. We
were not able to get that on this 14 acres but we do feel comfortable that since this
adjoins this annexation that those comments would be applicable to this 14 acres, that
they are able to provide service for this future annexation and development.
Estes: Any further questions or discussion? We have a motion by Commissioner Hoffman to
approve rezoning request 01-11.00 and a second by Commissioner Shackelford, Sheri
would you call the roll please?
ROLL CALL:
Upon roll call RZ 01-11.00 is approved by a unanimous vote of 9-0-0.
STAFF REVIEW FORM
X Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of August 7, 2001.
FROM:
Tim Conklin Planning Public Works
Name
Division
Department
ACTION REQUESTED: TO approve an ordinance for KIN ui-11.uu 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.
COST TO CITY:
so
Cost of this request
Account Number
Project Number
Category/Project Budget
Funds used to date
Remaining balance
BUDGET REVIEW: Budgeted Item
Category/Project Name
Program Name
Fund
Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
Accounting Manager Date
��AC4IA�+L- , ITI
ity ttorney Date
Purchasing Officer Date
GRANTING AGENCY:
ADA Coordinator Date
Internal Auditor Date
STAFF RECOMMENDATION: Staff recommended approval and Planning Commission voted
8-1-0 to recommend and forward the rezoning to the City Council.
D - .� p. - • i. I
J.
• �'1 /
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Cross Reference
New Item: Yes No
Prev Ord/Res#:
Orig Contract Date:
FAYETTEVItLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, Planning Director
From: Heather Woodruff, City Clerk
Date: August 27, 2001
Attached is a copy of the
ordinance approving rezoning request
RZ 01-11 as
submitted
by Cross
Creek Subdivision. The
original will be microfilmed and filed
with the City
Clerk.
cc: John Goddard, Info. Tech.
Scott Caldwell, Info. Tech.
Ed Connell, Engineering
RECEIVEC
j�
I AUG 3 1 2001
Arkansas L I(`�ocrat
ACCTG. DEP
L'' W
l:T ill nf.{-lTnL9bl'Pyijr �r91 . V' l
rT .:'1. rl'F f. - I
s.
ONDINPNCE NO. 4332
M Ordinance mzonbg Mat property
i i / ; PUBLICATION Ot-11.00rore parcel containing
�I 111)Al 11 Ol pm>on1441resAxgqaappeem
Cod East of Sunst ne Road and
jat-
u=jlEr CCIT)IOt1 Road p peer
ing Services, rc. on hehaH O Cross
Creek Suodir4siai, LLC- idthe
—._— --- — , du suluunly ee 4o aai ed by
r..A CcwXanllo A Rfl S'
sweat' (hall am Lea! Clark of the Arkansas
Dcmoerat Gazelle Newspaper, lxinlcd and lulbli::hal at Lowell,
Arkan:<as and that 1loin n1y own per:;unal Li uwlcdae and
reference to the 11
1Les offsaid
apublication the advertisement of
Was ' tscrtcd in the rc ular c(Iil.ion:; on
aoDl
Pub!ic;iiion Ch:ue
Purchase Order 11
Subscribed and sworn to before me this
-- - d'q u l 29� I .
rr , r rrUrrrrrurrr2 '$.
W
4)Noh\' 'ublic
Ca
tatto
My commission cxP,rmiot?r1, bhin °n� �Ov2110:1�
Ml
P.O. Roc 1607, 212 N. East Avenue, Paycltcvillc, Arkan:;a:; 72"101, (501)571-6'167