HomeMy WebLinkAboutOrdinance 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
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