HomeMy WebLinkAboutOrdinance 4460 ORDINANCE NO. 4460 _
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 03-3 .00 FOR A PARCEL CONTAINING
APPROXIMATELY 6.65 ACRES LOCATED AT THE SOUTHEAST
CORNER OF ALBRIGHT AND CROSSOVER ROAD, FAYETTEVILLE,
ARKANSAS, AS SUBMITTED BY DAVE JORGENSEN OF JORGENSEN
& ASSOCIATES ON BEHALF OF MARK FOSTER
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 the 4`" day of February, 2003 .
< APPROVED:
,plc i�?.
At, �
!0
e y a DAN WODY, Mayor
By: f/ X �/► Yu.
Sondra Smith, City Clerk II
I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII IIIV VIII IIII IIII
Doc ID : 004357990002 Type : REL
Recorded : 03/07/2003 at 10 : 46 : 33 AM
Fee Amt : $11 . 00 Paae 1 of 2
Mashlnaton Countv , AR
Bette Stamps Circuit Clerk
File 2003-00015857
EXHIBIT "A"
RZN 03-3.00
PART OF THE SE ''/a, SW '/a OF SECTION 18, T17N, R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS : BEGINNING AT THE NW CORNER OF SAID SE '/4, SW '/< THENCE
N89040140"E 662.64 FEET, THENCE S0001 1128"E 659.99 FEET, THENCE S89040140"W
334.84 FEET, THENCE N00026102"W 231 .35 FEET, THENCE N32050'2959W 378. 17
FEET, THENCE S89033 ' 58"W 122.33 FEET, THENCE N00026'02"W 110.00 FEET TO
THE POB CONTAINING 6.65 ACRES MORE OR LESS.
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NAME OF FILE: Ordinance No. 4460
CROSS REFERENCE:
Item # Date Document
1 02/04/03 Ord. 4460 w/Ex. "A"\
2 01 /20/03 Staff Review form w/attachments:
copy of 1/17/03 memo to mayor/city council
draft ordinance
copy of Planning Commission, minutes pertaining to subject
property
copy of subject property file from planning division
copy of background information
3 02/11 /03 memo to Tim Conklin
4 02/11/03 Affidavit of Publication from NW Ark. Gazette
NOTES :
NORTIVNEST ARKANSA EDITION
.Arkansas amomt 7FOgizette
AFFIDAVIT OF PUBLICATION
I, , do solemnly swear that I am
Legal Clerk of the Arkansas Democrat-Gazette newspaper, printed and
published in Lowell , Arkansas, and that from my own personal knowledge
and reference to the files of said publication , the advertisement of:
'-P L 44o was inserted in the regular editions on
`* Publication Charge : $ q
Subscribed and sworn to before me this
day of _ - 2003.
Vol
/ j TAMMY ALLEN
p ORDINANCE No. a
Y C N� ta aeD
M1 �/T!f{4Y S• AN ORDINANCE REZONING THAT PROPER TY DESCRIBED IN
Y Commission E vry 17 REZONING PETITION RZN 03-3dID FOR A PARCEL
XPIT9g 11 -().5-2011 CONTAINING APPROXIMATELY 6.65 ACRES LOCATEDATTHE
111
SOUTHEAST CORNER OF ALSRJHi AND CROSSOVER
ROAD. FAYETfEMI I P. ARKANSAS, AS SUBMITTED BY DAVE
JORGENSEN OF JORGENSEN 8 ASSOCIATES ON BEHALF CY of FeyetWille'
" Please do not pay from Affidavit. OF MARK FOSTER
An invoice Will be .Sent. BE R ORDAINED BY THE CRY COUNCIL OF THE CITY OF FAYETTEMUE, ARKANSAS:
Section 1: That the zone dasslRcatlon of the following Oescnbed Property Is hereby clanged es 1011 :
Frorn A-1, AWICLftrel to R-1, Low Density Resltlontlal es sho. h n E# tiff -A-
9tteched tsrato onto Made a Part heieoi.
Section 2. That the Of ical zoning mnp of the City of Fayette4lo, Arkansas. b hereby amended to reflect
the zoning dwge prodded In Section 1 above.
PASSED arta APPROVED this a,e 4th day of February, 2003..
APPROVED:
By
DAN GOODY, Mayor
ATTEST:
BY I
Sondra Smith, City Cleric
EBHIBIT 'A'
RZN 03-3.00
PART OF THE BE_, SW_OF SECTION 18, Tl 7N, R29W IN WASHINGTON COUNTY, ARKANSAS AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NW CORNER OF
SAID BE _, SW _ THENCE N8.9W40'40-E 882.64 FEET, TwNCE S00°11'28-E 859.99 FEET, THENCE
$� %40'W 334.84 FET, THE N00°28'02W 231. FEET,THENCE N32.50'29W 378.17 FEET,
THENCE ES MORE O 1 ESS. FEET, THENCE NW`26'02W 110.00 FEET TO THE POB CONTAINING
8.85 ACRES MORE OR LESS.
212 NORTH EAST AVENUE P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 (501 ) 442-1700
FAY ETTEt LLE �
P THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, Director
Community Planning & Engineering Services
From: Clarice Buffalohead-Pearman
Sr. Secretary
Date: 2/11 /03
Re: Ordinance No. 4460
Attached is a copy of Ordinance No. 4460 rezoning that property described in rezoning petition
RZN 03-3.00 for a parcel containing approximately 6.65 acres located at the southeast corner of
Albright and Crossover Road, Fayetteville, Arkansas, as submitted by Dave Jorgensen of
Jorgensen & Associates, on behalf of Mark Foster.
This ordinance will be microfilmed and filed in the Fayetteville City Clerk's office, and filed with the
Washington County Clerk.
cc: Nancy Smith, Internal Auditor .
John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
Ord gtt(6o
• • rlyr6g-
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of February 4 , 2003 .
FROM :
Tim Conklin Planning Urban Development
Name Division Depart,Fpent
ACTION REQUESTED : To approve an ordinance for RZN 03 ,8 . 00 as submitted
by Dave Jorgensen of Jorgensen & Associates on behalf of Mark
Foster for property located at the southeast corner of crossover
and Albright Road . The property is zoned A- 1 , Agricultural and
contains approximately 6 . 65 acres . The request is to rezone to R-
1 , Low Density Residential .
COST TO CITY :
$ 0
Cost of this request Category/ Project Budget Category/ Project Name
Account Number Funds used to date Program Name
Project Number Remaining balance Fund
BUDGET REVIEW: Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY :
Ac ynting Manager Date DA Coordinator Date
9� t�Af pAr' ^� J�t� -03
A
Cit ne7 y Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval and on January 13 ,
2003 the Planning Commission voted 9 - 0 - 0 to recommend that the
City Council approve the requested rezoning .
- O Cross Reference
Division Head Date
Depent ctor Date New Item : Yes No
I L ;/5. 9 .'r'+
Adm.inis ative Services Date Date Prev Ord/Res# :
Director
Mayor Date Orig Contract Date :
FAYET kVILLE
City Council meeting of Feb. 4, 2003
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Shelli Rushing, AICP, Associate Planner
THRU: Tim Conklin, City Planner
DATE: January 17, 2003
RZN 03-1..00: Rezoning (Foster, pp 60) was submitted by Dave Jorgensen of Jorgensen &
Associates on behalf of Mark Foster for property located at the southeast comer of Crossover and
Albright Road. The property is zoned A- 1 , Agricultural and contains approximately 6.65 acres. The
request is to rezone to R- 1 , Low Density Residential.
BACKGROUND:
The subject property is located south of Albright Rd. with access onto Crossover Rd. The property is
immediately east of the property in RZN 03-2 (Foster) which is being requested to be rezoned to R-
O, Residential Office. The property contains a single-family house and is divided into Tracts 2, 3 ,
and 4. The applicant proposes to construct single-family houses on the subject property.
The Engineering Division, Police Department and Fire Department have responded to the rezoning
request. There does not appear to be concern for providing adequate public facilities at this location
for the requested zoning designation.
Staff is recommending approval of the requested rezoning. The Future Land Use Plan shows this
area as residential. The R- 1 , Low Density Residential district is appropriate for this designation.
CURRENT STATUS:
On January 13, 2003, the Planning Commission voted 8-0-0 to recommend to the City Council
approval of the requested rezoning.
RECOMMENDATION:
Approval of the requested rezoning from A- 1 to R- 1 .
K:IREPOR7SI20031CCREPOR731FEBRUARIIR7.NO3-3 FOSTERAOC
ORDINANCE NO,
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 03-3.00 FOR A PARCEL
CONTAINING APPROXIMATELY 6.65 ACRES LOCATED AT THE
SOUTHEAST CORNER OF ALBRIGHT AND CROSSOVER ROAD,
FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY DAVE JORGENSEN
OF JORGENSEN & ASSOCIATES ON BEHALF OF MARK FOSTER
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 , 2003.
APPROVED:
By:
DRAFT
DAN COODY, Mayor
ATTEST:
DRAFT
By:
Heather Woodruff, City Clerk
EXHIBIT "A"
RZN 03-3.00
PART OF THE SE '/4, SW '/4 OF SECTION 18, T17N, R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE NW CORNER OF SAID SE '/4, SW '/< THENCE
N89040'40"E 662.64 FEET, THENCE S00° 11 '28"E 659.99 FEET, THENCE S89040140"W
334.84 FEET, THENCE N00026'0215W 231 .35 FEET, THENCE N32050'2959W 378. 17
FEET, THENCE S89033 '58"W 122.33 FEET, THENCE N0002690259W 110.00 FEET TO
THE POB CONTAINING 6.65 ACRES MORE OR LESS.
Planning Commis*
January 13, 2003
Page 44
Aviles: Item eight is RZN 03-3 .00 submitted by Dave Jorgensen on behalf of
Mark Foster for property located at the southeast corner of Crossover and
Albright Road. The property is zoned A-1 , Agricultural and contains
approximately 6.65 acres. The request is to rezone to R- 1 , Low Density
Residential. Staff is recommending approval. Shelli, could you give us
the report please?
Rushing: Yes Ma'am. This property is located immediately east of item seven,
which we just heard. The property is split into tracts 2, 3, and 4 for
purposes of the rezoning. On tract 4 is an existing single-family home,
tracts 2 and 3 are vacant at this time. The applicant is proposing to
construct single-family homes on the subject property and is requesting
the R- 1 zoning. The General Plan does designate this area as residential.
We have spoken again, with Engineering, Fire and Police. Fire indicates a
response time of seven to eight minutes indicating that there may be a
need for fire hydrants at the time of development. The Police Department
does not have concerns about this particular rezoning and the Engineering
Division has not expressed any concerns about the rezoning.
Aviles: Thank you Shelli, is the applicant present?
Jorgensen: Yes. It seems like a pretty straight forward rezoning request and I am here
to answer questions on it.
Aviles: Thanks Dave. Is there any member of the audience that would like to
discuss this rezoning? Seeing no one I will go ahead and bring the
discussion back to the Planning Commissioners.
Ward: Since this looks to be a companion item to the last rezoning I will go
ahead and move for approval of RZN 03-3 .00 for 6.65 acres to be rezoned
to R- 1 .
Aviles: Thank you Commissioner Ward, is there a second?
Shackelford: I will second.
Aviles: There is a second by Commissioner Shackelford. Is there additional
discussion?
Bunch: I have a question for the applicant. The water and sewer that are available,
I know we have had some questions in this vicinity of whethenthey were
Fayetteville water or Springdale water, is this one available from
Fayetteville sources?
Planning Commis
January 13, 2003
Page 45
Jorgensen: I am not sure. I think that it is Springdale water along Albright Road and
Fayetteville water along the R-O property to the south. In fact, I know it
is Fayetteville water to the south. As far as sewer service on the property
to the south naturally it will go to the Fayetteville system. Sewer service
to the north I don't think it is there to Springdale so it will have to be two
septic systems on those two lots.
Bunch: Is this all one lot currently?
Jorgensen: Yes it is.
Bunch: So if there is sewer service available to it then it would have to be all
served from that sewer since it is available?
Jorgensen: Currently the home that is there is on a septic system.
Bunch: I don't see Matt here but I think with the subdivisions and the R-O
property to the south of it, do we know how far the Fayetteville city water
and the city sewer extends?
Jorgensen: Sewer is right there on the south side of the lot and the water line, we are
going to have to make a water line extension over to this property, that
would be the City of Fayetteville system.
Bunch: Even though the rezoning request is for two different zones, it is still right
now one piece of property isn't it. Tim, would that have any affect on
extending water and sewer lines? .
Conklin: Not at the time of rezoning but as it comes through our process we require
that those extensions be made for Fayetteville water and sewer if
available. That is something that will be looked at since it is being
subdivided or split, it is something that will come through the process.
Aviles: Thanks Commissioner Bunch. Are there any other questions? Renee, call
the roll please.
Roll Call: Upon the completion of roll call the motion to recommend approval of
RZN 03-3 .00 by the City Council was approved by a vote of 9-0-0.
Aviles: Thanks Renee. The motion carries unanimously.
