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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. ,ra �o , m 3 o Nom; a a) C Co O Cl r J ra n 1 CJ � fi "• O C m b co m 0 U H -J ? U Jo V 0 H 0 Q O J 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.