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Home My WebLink AboutOrdinance 4360 • " iLED FOR RECORD ' 02 AN 14 An 11 37 ORDINANCE NO. 4360 WASHING iuN Ci B. STAMPS AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 01-24.00 FOR A PARCEL CONTAINING APPROXIMATELY 41 .90 ACRES FOR PROPERTY LOCATED EAST OF DOUBLE SPRINGS ROAD AND SOUTH OF OWL CREEK SUBDIVISION, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY RAYMOND C. SMITH, ATTORNEY, ON BEHALF OF CONLEY AND VIRGINIA WORLEY, GERALD AND IRENE GRISCOM AND SYLVESTER AND CAROL GUIST. 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 as shown 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 2" day of January, 2002. APPROVED: By: t s t � • DAN COODY, May r e 1 ;; By: 4- He then Woo ruff, City Clerk 2002006778 E Ord , 4360 01 EXHIBIT "A" parr, INAL RZN 01 .24.00 PART OF THE SEI/4 OF THE SETA OF SECTION 10, ALSO PART OF THE NEI /4 OF THE NEI /4 OF SECTION 15 ALL IN T 16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NE CORNER OF SAID NEI /4, NEI /4 THENCE S0000915011W 328 .42 FEET, THENCE S0001012111E 165 .63 FEET, THENCE S89033'51 "W 949.79 FEET, THENCE NORTH 165 .64 FEET, THENCE S89033'51 "W 373 .61 FEET, THENCE N00000156"W 1073 .70 FEET, THENCE N3801112411E 356.88 FEET, THENCE N45008'49"E 438 .56 FEET, THENCE N88037'31 "E 153 . 82 FEET, THENCE SOUTH 94.07 FEET, THENCE S4002315011W 657.20 FEET, THENCE SOUTH 122.97 FEET, THENCE EAST 308.97 FEET, THENCE N4002315011E 525 .39 FEET, THENCE EAST 415 .21 FEET, THENCE SOUTH 1011 .30 FEET TO THE P.O.B. ; CONTAINING 41 .90 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. 2002006779 NAME OF FILE: Ordinance No. 4360 CROSS REFERENCE: 01/02/02 Ordinance No. 4360 Exhibit "A" (Legal Description for RZN O1 -24.00 11 /20/01 Planning Division Correspondence to Fay. Planning Commission from Dawn Warrick, Senior Planner 11/26/01 Planning Commission Minutes (Pgs. 18 & 19) 12/18/01 Staff Review Form 01 /04/02 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City Clerk NOTES : ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN O1-24.00 FOR A PARCEL CONTAINING APPROXIMATELY 41 .90 ACRES FOR PROPERTY LOCATED EAST OF DOUBLE SPRINGS ROAD AND SOUTH OF OWL CREEK SUBDIVISION, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY RAYMOND C. SMITH, ATTORNEY, ON BEHALF OF CONLEY AND VIRGINIA WORLEY, GERALD AND IRENE GRISCOM AND SYLVESTER AND CAROL GUIST. 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 as shown 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: .DR A FT DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBIT "A" RZN O1-24.00 PART OF THE SETA OF THE SETA OF SECTION 10, ALSO PART OF THE NEIA OF THE NEIA OF SECTION 15 ALL IN T16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID NEIA, NEIA THENCE S0000915011W 328.42 FEET, THENCE S00010121 "E 165 .63 FEET, THENCE S89033'51 "W 949.79 FEET, THENCE NORTH 165.64 FEET, THENCE S89033'51 "W 373 .61 FEET, THENCE N0000015611W 1073 .70 FEET, THENCE N3 8° 11 '24"E 356.88 FEET, THENCE N45008149"E 438.56 FEET, THENCE N88037131 "E 153 .82 FEET, THENCE SOUTH 94.07 FEET, THENCE S4002315011W 657.20 FEET, THENCE SOUTH 122.97 FEET, THENCE EAST 308.97 FEET, THENCE N4002315011E 525.39 FEET, THENCE EAST 415.21 FEET, THENCE SOUTH 1011 .30 FEET TO THE P.O.B.; CONTAINING 41 .90 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. FAYETTEVILLE I 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, Senior Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: November 20, 2001 RZN 01-24.00: Rezoning (Worley/Griscom/Guist, pp 435/474) was submitted by Raymond C. Smith, Attorney on behalf of Conley & Virginia Worley, Gerald & Irene Griscom, and Sylvester & Carol Guist for property located east of Double Springs Road and south of Owl Creek Subdivision. The property is zoned A-1, Agricultural and contains approximately 41.90 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: November 26, 2001 CITY COUNCIL ACTION: Required YES O Approved O! Denied; Date: December 18, 2001' (1" reading) H..,WSERSICOMMOMDA WNTIREPORTYPCV I-26-01 WGG RLDOC Comments: BACKGROUND: The subject property is located south of Owl Creek Subdivision (and south of Owl Creek) on the east side of Double Springs Road (south of Hwy 16W). A new single family subdivision (zoned R- 1 ), Silverthorne, has been built just south and west of this site. Property in this area carries several different zoning designations. Along Double Springs Road, south of Wedington Drive, you see R-O, R-2, R-1 , C-2 and A- 1 districts. Providing a mix of housing types and land uses fulfills specific goals stated in the City's adopted General Plan 2020. Development of this 41 .90 acres in single family dwellings will allow a maximum of 167 homes. At the time of development, connections to water and sewer systems as well as provisions for future street connections will be necessary. Persimmon Street, a proposed collector street on the Master Street Plan bisects the subject property. This street will also have to be included in future development plans. SURROUNDING LAND USE AND ZONING North: Owl Creek / Owl Creek Subdivision, R- 1 South: Large acreage / single family home, Outside City East: Vacant / large acreage, Outside City West: Large acreage / single family residential, A-1 / R- 1 / Outside City INFRASTRUCTURE: Access to this property is from Double Springs Road which runs north/south between Hwy 16W. and Hwy 62W. Double Springs Road is primarily a county road, but developments such as Silverthome and Owl Creek Subdivisions within the City of Fayetteville have made improvements to the road based on the impact of the project. Improvement of the road to include one half of a City street adjacent to the project site is the standard requirement. Additional street construction for this development will include Persimmon Street, a proposed Master Street Plan collector, which bisects the subject property. Water is available along the west side of Double Springs Road (8" line). A 12" sewer line is located along the northern portion of the subject property. A lift station exists in the northwest corner of the property according to the applicant' s representative/engineer. N:I USERSICOMMOMDAWN7IREPOR7SIPCIl1-16-OII WGG_RI.DOC 0 0 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 land use planning objectives, principles, and policies and with land use and zoning plans. This area is designated as residential on the adopted General Plan 2020 as is the surrounding property. The predominant land use in this area is single family residential. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed rezoning is justified at this time in that it is in keeping with the policies and adopted plans of the City. Zoning this property R-1 is consistent with surrounding subdivisions. 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. Improvement of Double Springs Road adjacent to this property is contemplated at the time of development. This road carries traffic both north and south to major arterials (Hwy 16W, Hwy 62W). 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: This increase is not expected to undesirably increase the load on public services including schools, water, and sewer facilities. The applicant, like all project applicants, has signed the sewer capacity warning designed by the City attorney regarding the status of Fayetteville's wastewater treatment facility. 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: H:IUSERSICOMMOMDA WA7IREPOMIP011-26-011WGG RI.DOC 0 s 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.IUSERSICOMMOMDAWN7IREPOR7SIPC111-I6-OIIWGG RI.DOC 0 0 RZN01-24.00 WORLEY/GR/SCOM/GU/ST One Mile View s5'AN66a's'aw'kE' ••r=r r:':: — R-1 I U91E SPPINGS M 1. I l: R-1 _ EI < w 1 FIs -1 l4d tL YZ MK L. 1I I .:... LJI P NATE - A1 -�_•.. 1; 2� U0. A,l "Cot "'.PN]Y AJ _ '. GNU Bq SLATE t1tGHWAti 16: ZI_' I R- 7 ilk A-t E P DR L_i .i Jrf 11 Xi It IA 1 : Op -- .-Ail to A-t ti r _ _. ► i ! ESA.ST I PAGOSA PL ILYERTtlGANEI_' I ` L� TTT OOT i1GTsN A-J__ 1 SHALOTTD •i i li`"ditoCizs`AC� iILj oOs - •• - SCi ER _ ,. -- il I •��9 ITT l m 211 I Overview Legend _ - _ Subject Property Boundary Master Street Plan �-7 RZN01-24.00 �^�_� Planning Area �'y Freewaylapressway Lr cpa000 •\ Streets 000008 Overlay District Principal Arterial •��`, \_, Existing L _ I City Limits ^a* Minor Arterial % Planned Outside City 00%0 Collector Historic Collector 0 0.125 0.25 0.5 0.75 1 - Miles I II . M VIZ IAMIAM . FArnol ............................................ ......... .. ..... . ":i i`':': :::::::::::::::: :::::::::: ............. .... .... .............................. Legend Subject Property Streets Boundary ................................................................................. :::::::::::::::::::......................................... ;S7 O , . ® JW' _ C r. rJ L n �� MI rim I � Li All _--� --- I I J ........... ........................ J Legend Subject Property Boundary Master Street Plan O r, L V y. z Principal Arterial Planning Commission November 26, 2001 Page 18 RZN 01-24.00: Rezoning (Worley/Griscom/Guist, pp 435/474) was submitted by Raymond C. Smith, Attorney on behalf of Conley & Virginia Worley, Gerald & Irene Griscom, and Sylvester & Carol Guist for property located east ofDouble Springs Road and south of Owl Creek Subdivision. The property is zoned A-1, Agricultural and contains approximately 41.90 acres. The request is to rezone to R- 1, Low Density Residential. Estes: The next item on the agenda is item number five. This is a companion item, it is a rezoning request submitted by Mr. Raymond C. Smith on behalfofConley and Virginia Worley, Gerald & Irene Griscom and Sylvester & Carol Guist for property located east of Double Springs Road and south of Owl Creek Subdivision. The property is zoned A-1, Agricultural and contains approximately41.90 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 apart of your report. Is the applicant's representative present and if so Ray, do you have any presentation that you would like to make? Smith: I'm Raymond Smith, attorney, representing the petitioners on this case. I believe the packet is comprehensive as there is also a companion rezoning which will be the next item. I'll be glad to answer any questions that anyone may have. Estes: Commissioners, do you have any questions of Mr. Smith at this time? Thank you Ray. Is there any member of the audience that would like to comment on this rezoning request 01-24.00? Seeing none, I will bring it back to the full commission for discussions, motions or comments. Commissioners? Motion: Marr: Mr. Chair, in looking at the staff report and agreeing with the findings that it is consistent with our land use, planning objectives and is needed and justified at the time based on where this is located and the existing R-1 development around there, I support the approval of this and will recommend as a Planning Commission that we approve RZN 01- 24.00 and forward it to the City Council. Estes: We have a motion by Commissioner Man to approve RZN 01-24, is there a second? Allen: I'll second. Estes: We have a second by Commissioner Allen. Is there any further discussion or any questions? S • Planning Commission November 26, 2001 Page 19 Hoffman: A question for staff, can you tell me how road access is planned to the site? We don't have any road access currently shown on our plats but we do adjoin a subdivision. Conklin: You do adjoin a subdivision to the north but there is not a street stub out. This rezoning annexation, probably the best way to look at this is the map that was handed out at agenda session and tonight. It does have frontage on Double Springs Road. The developer has met with staffand we have talked about at least a minimum oftwo ways in off of Double Springs Road then future stub outs for the south and east. There will be access through Double Springs Road and as development occurs out there, potential access for future development to tie into this. Hoffman: That clears it up, thanks. Estes: Any other questions? We have a motion by Commissioner Marr and a second by Commissioner Allen to approve RZN 01-24.00, would you call the roll Renee? Roll Call: Upon the completion of roll call the motion to approve RZN 01-24.00 and to forward it along to City Council was approved by a vote of 8-0-0. Estes: The motion passes by a vote of eight to zero and the rezoning request will be forwarded to the City Council for its consideration. • STAFF REVIEW FORM • X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of December 18, 2001. FROM: Tim Conklin Planning Urban Development Name Division Department ACTION REQUIRED: To approve an ordinance for RZN 01-24 as submitted by Raymond C. Smith, Attorney, on behalf of the property owners Conley and Virginia Worley, Gerald and Irene Griscom and Sylvester and Carol Guist for property located east of Double Springs Road and south of Owl Creek Subdivision. The property is zoned A-1, Agricultural and contains approximately 41.90 acres. The request is to rezone to R-1, Low Density Residential. COST TO CITY: Cost of this Request Account Number Category/Project Budget Category/Project Name Funds Used To Date Program Name Project Number Remaining Balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Acc)ountin Manager City A torney Purchasing Officer Date 0 f Date Date Internal Auditor ADA Coordinator Date Date STAFF RECOMMENDATION: Staff recommended approval and on November 26, 2001, Planning Commission unanimously voted 8-0-0 to recommend approval and to forward the rezoning to the City Council. Division Head Date Depa ment Director Date Ad' istrative Ser ices Director m ayor Date Cross Reference New Item: Yes Prev Ord/Res #: Orig Contract Date: Orig Contract Number: FAYETTEV&LE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDEN To: Tim Conklin, Planning Division From: Heather Woodruff, City Clerk Date: January 4, 2002 Please find attached a copy of Ordinance No. 4360 rezoning that property described in Rezoning Petition RZN 01-24.00. The original will be microfilmed and filed with the City Clerk cc: Nancy Smith, Internal Audit 010 03 City of Fayetteville Update O Index Maintenance Document It Action Reference Date Ref. Taken Brief D ORD 1022002 4360 RZN 01 - Enter Keywords........: File Reference #......: Security Class........: Expiration Date.......: Date for Cont/Referred: Name Referred to......: • 1/09/2002 13:50:18 escription 24.00/DOUBLE SPGS &•OWL CRK ORD, 4360 . . Cmdl-Return Cmd8-Retention Cmd5-Abstract Yes No Retention Type: **** Active *flT Cmd4-Delete Cmd3-End Press 'ENTER' to. Continue (c) 1986-1992 Munimetrix Systems Corp. . - . r 1, Bette Stamps, Circ ult Clerk aM EE-alflcio Recorder for Washington County, lm:ansa„ do hereh; unity for Indicated Innat this l heraon and thel saint is na,snrd� duly razried with the acknoMedgement and c "fiche, the' in Record B00% and Pay as inCcated thoi n IN WITNESS WHERE^F, I have hcrew,io 'et my hand and affixed the seal of said Court on the date indi- catedLeon. Betty Ci Exofficio Recorder