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