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HomeMy WebLinkAboutOrdinance 4464 ORDINANCE NO, 4464 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 03-4.00 FOR A PARCEL CONTAINING APPROXIMATELY 57.00 ACRES LOCATED AT 3632 E. ZION ROAD, AS SUBMITTED BY MICHELE HARRINGTON OF HARRINGTON, MILLER, NEIHOUSE & KRUG ON BEHALF OF GARY BRANDON OF GARY BRANDON ENTERPRISES, INC. FOR PROPERTY OWNED BY GEORGE AND SARA LEE ANDERSON 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. p lj t&S ED and APPROVED this the 18`h day of February, 2003 . APPROVED: G '� moi' I• ' T ,{� . • ' By: t 0. 1 DAN COODY, Ma ATTEST: By. , City Sondra Smith, - IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIRIIIIIIIII Clerk Doc ID : 004357840002 Tvice REL AM Feeo Amta : 811/ 00 2003 t 10 S0245 : 15 Bette Ston Go�j�oultRCle15S53 Bette stemoe 000 F11e2003— EXHIBIT "A" RZN 03-4.00 A part of the Northeast Quarter (NE '/4) of the Northeast Quarter (NE 1/4) of Section Nineteen ( 19) and a part of the Southeast Quarter (SE '/4) of the Southeast Quarter (SE 1/4) of Section Eighteen ( 18) Township Seventeen North (17) Range Twenty-nine (29) West in Washington County, Arkansas, being more particularly described as follows, to-wit: From a found iron pin being the Southwest Corner of the Northeast Quarter (NE '/4) of the Northeast Quarter (NE '/4) of said Section Nineteen ( 19) run North 00004'09" West — 1 ,309.72 feet along the East line of Copper Creek Subdivision to an iron pin at the Northeast Corner of said Subdivision and on the South Boundary Line of the Nooncaster tract as decreed in the Circuit Court Order of May 21 , 2002; thence along said South Boundary Line of he Nooncaster tract South 89°42'42" East — 1 .71 feet to the Southeast comer thereof; thence North 00°00'42" East 658. 11 feet along the East Boundary Line of said Nooncaster tract to an iron pin; thence leaving the East Boundary line of said Nooncaster tract and running South 89'55 ' 10" East- 659.56 feet; thence South 89 54'03" East — 659.48 feet; thence South 00°00'50" East — 662.20 feet; thence South 00018 ' 57" East 819.63 feet; thence North 89°30'01 " West — 420.84 feet; thence South 01 °34'41 " West — 272.45 feet; thence South 89°01 '36" East — 429.91 feet; thence South 00° 18 ' 57" East — 205.68 feet; thence South 89°54'04" West — 1 ,326.64 feet to the POINT OF BEGINNING, containing 57.00 acres, more or less. �a m Jm o °� c J 0� 'er -a Q J° 0 • NAME OF FILE: Ordinance No. 4464 CROSS REFERENCE: Item # Date Document 1 02/18/03 lord. 4464 w/Ex. "A" 2 01/20/03 Staff Review Form w/attachments: copy of 1/17/02 memo to mayor/city council draft ordinance copy of 1/9/03 memo to Planning Commission w/attachments copy of planning division file for subject project 3 02/25/03 memo to Tim Conklin 4 03/03/03 Affidavit of Publication from NW Ark. Gazette NOTES: NORTINWEST ARKANSA EDITION Arhawas Democrat 05azette RECEIVED MAR 0 4 2003 CITY OF FAYE 1 1 M. ,-LE AFFIDAVIT OF PUBLICATION CLERK'S OFFICE I , C , do solemnly swear that I am Leg I 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: ` 4 was inserted in the regular editions on 1112 1 16,7 ** Publication Charge : $ _A6-- f LL Subscribed and swom to before me this day of 2003. ORDINANCE NO. 4484 AN ORDINANCE REZONING THAT PROF'ERP/ DESCRIBED IN 1/ l/'�� /� REZONING PETITION RZN 0.3.4.00 FOR A PARCEL �]l O �J (I /f\ CONTAINING APPROXIMATELY 57.00 ACRES LOCATED AT 3832 E. ZION ROAD, AS .SOBMfTTED BV MICHELE Notary P HARRINGTON OF HARRINGTON, MILLER, NE HOUSE 8 611irtalSeal KRUGONBEHALFOFGARYBRANDONOFGARYBRANDON � of FaptEa ue MY ALLEN ENTERPRISES, INC. FOR PROPERTY OWNED BY GEORGE (�'3[T�AM on AND SAL EE ANDERSON y C Q�Pcr' �y'y f�'p^q,�`6�7{Q}(� BE R ORDAINED BY THE CITY COUNCIL OF THE CRY OF FAYETTEVILLE. ARKANSAS; ,V AgHING"T rtes 11 A5 " Seaton 1: That the 4010 Gew&cOtlon of me fallowing described property Is hereby changed a faij e: MY COmmisstOO EV From A-1, AWbAttral to R-1, Low Derety Residential as shown In EWb4 -A-attached hereto aha made e pert hereof. ** ase do not pay from Affidavit. Section 2. That the Ofadol za- mg map M to aty of Fayerme, Arkaraaa. le hereby ataraed W reflect to zathg Uienge pwaed in Section 1 above. 11 . An invoice will be sent PASSED are APPROVED this the I BN day of February, 2003. APPROVED: Br. DAN COGDY, Mayor ATTEST. By: SOME Smith. City Clerk EXHIBfT 'A' RZN 03-4.00 A Pert of the Nortawt Quarter (NE -) of the Northeast Quarter (NE > of Section Nhateen 09) and a Part of the SOutawt Qerter (SE j of that SMtaast Quarter (SE -) of Sectbn Eighteen (10) TownsNp Seventeen North (17) Rerge Twgty-rane (2g) Wast h Washington County, Arkansas, being mate perlQAary described es f0 bass, W.Wt: Fran a fOLM Yon Pin being to SOUL W8!A Corner of the Northeast OuMer (NE ) of to NoNaast Quarter (NE ) of Said Section Ni ateen If 9) nn Nath 00.04'09" West - 1,309.72 feet along the East Wa of Copper Creek SubdMslon to an ton pin at No Nattaett Comer of said SubdMslon and on to a South SON South iof the Noonraster tact as d8ehaO d F the CWW I Court Order of May 21, 2002: Bahndery Una of he N(Mh aaler tract South 99'42'42' East - 1.71 test W the SWtaBad 0017181' t 0noof; lance Nont 00°00'42' East 858.11 teat Stang to East Boundary Una of sold Noonoaster tract to an Iron Pin; trance IeavNg the East Boundary Ire of ora Noonca5ter tract and nnahp South 89055'10' East- 859.58 feet: thence South 89 54'03' East - 859.48 feet: lance South 00'00'50' East - 882.20 far: thahca South 00'18'57' East 819.83 foot; thence Nath 89'30'01' West -420.841eatb thence South 01°34'41' West.- 272.45 feet: tante South 89'01'38' East -429.91 feet: thence South 00°18'57' Fast -205.88 feet; lance South 89'54'04' Woet- 1,328.84 feet to to POINT OF BEGINNING, containing; 57.00 aeras, more or less. 212 NORTH EAST AVENUE P.O. BOX 1607 FAYE rEVILLE, ARKANSAS 72702 • (501 ) 442-1700 FAYETTOILLE THE CITY OF FAYETTEVIIIE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin, Director Community Planning & Engineeriing, Services From: Clarice Buffalohead-Pearman City Clerk's Division Date: February 25, 2003 Re: Ord. No. 4464 Attached is a copy of Ordinance No. 4464 passed by the City Council February 18, 2003, rezoning that property described in rezoning petition RZN 03-4.00 for a parcel containing approximately 57.00 acres located at 3632 E. Zion Road, as submitted by Michele Harrington of Harrington, Miller, Neihouse & Krug on behalf of Gary Brandon of Gary Brandon Enterprises, Inc. for property owned by George and Sara Lee Anderson. 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 • 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 Department ACTION REQUESTED : To approve an ordinance for RZN 03 - 4 . 00 as submitted by Michele Harrington of Harrington , Miller , Neihouse & Krug on behalf of Gary Brandon of Gary Brandon . Enterprises , Inc . for property owned by George and Sara Lee Anderson and located at 3632 East Zion Road . The property is currently in the Planning Area with a request to be annexed into the City of Fayetteville pending and contains approximately 57 . 00 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 : Aec�yzitin anager Date ADA Coordinator Date M� � 11 � :2 City Atto ney Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and on January 13 , 2003 the Planning Commission voted 8 - 0 - 1 to recommend that the City Council approve the requested rezoning . /=/ 7- Cross Reference Division Head Date De atme D ' ect o_ r Date New Item : Yes No �L AdmIniXtrative Services Date Prev Ord/Res# : Director Mayor Date Orig Contract Date : FAYETI'tVILLE 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 03-4.00: Rezoning (Brandon/Anderson, pp 61/100) was submitted by Michele Harrington of Harrington, Miller, Neihouse & Krug on behalf of Gary Brandon of Gary Brandon Enterprises, Inc. for property owned by George & Saralee Anderson and located at 3632 East Zion Road. The property is in the Planning Area (requesting annexation to A- 1 , Agricultural) and contains approximately 57.00 acres. The request is to rezone to R- 1 , Low Density Residential. BACKGROUND: The subject property is located west of George Anderson Rd. and north of Zion Rd. and currently used for agricultural purposes. The applicant proposes to construct single-family houses. The applicant is requesting that the subject property be annexed into the city. The annexation, ANX 03- 1 (Anderson) is an accompanying item to this rezoning request. The proposed rezoning could result in 228 units. Using 2.21 persons per occupied unit (2000 Census for Fayetteville), the total population of this rezoning could be 504 persons. Using Trip Generation rates, the average weekday two-way volume is 2, 182. The Saturday two-way volume is 2,301 . George Anderson and Zion are designated as collectors on the Master Street Plan. A collector is designed for 4,000 vehicles per day, or 6,000 vehicles per day with a left turn bay. 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 zoning to R- 1 , Low Density Residential. The zoning is consistent with the Future Land Use Plan and compatible with surrounding land uses. CURRENT STATUS: At the January 13, 2003 Planning Commission, the Planning Commission voted 8-0- 1 to recommend to the City Council approval of the requested rezoning. RECOMMENDATION: Approval of the requested rezoning from A- 1 to R- 1 . K. IREPOR7M20031CCREPOR7SIFEBRUARHRZN3-4 ANDERSONDOC 1 • ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 03-4.00 FOR A PARCEL CONTAINING APPROXIMATELY 57.00 ACRES LOCATED AT 3632 E. ZION ROAD, AS SUBMITTED BY MICHELE HARRINGTON OF HARRINGON, MILLER, NEIHOUSE & KRUG ON BEHALF OF GARY BRANDON OF GARY BRANDON ENTERPRISES, INC. FOR PROPERTY OWNED BY GEORGE AND SARA LEE ANDERSON. 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 12003. APPROVED: DRAFT By: DAN COODY, Mayor ATTEST: DRAFT By: Heather Woodruff, City Clerk EXHIBIT "A" RZN 03-4.00 A part of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE '/4) of Section Nineteen (19) and a part of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE '/4) of Section Eighteen (18) Township Seventeen North ( 17) Range Twenty-nine (29) West in Washington County, Arkansas, being more particularly described as follows, to-wit: From a found iron pin being the Southwest Comer of the Northeast Quarter (NE %4) of the Northeast Quarter (NE '/4) of said Section Nineteen ( 19) run North 00°04'09" West — 1 ,309.72 feet along the East line of Copper Creek Subdivision to an iron pin at the Northeast Corner of said Subdivision and on the South Boundary Line of the Nooncaster tract as decreed in the Circuit Court Order of May 21 , 2002; thence along said South Boundary Line of he Nooncaster tract South 89042 '42" East — 1 .71 feet to the Southeast corner thereof., thence North 00°00'42" East 658. 11 feet along the East Boundary Line of said Nooncaster tract to an iron pin; thence leaving the East Boundary line of said Nooncaster tract and running South 89055 ' 10" East- 659.56 feet; thence South 89 54'03" East — 659.48 feet; thence South 00°00'50" East - 662.20 feet; thence South 00018'57" East 819.63 feet; thence North 89°30'01 " West — 420.84 feet; thence South 01034'41 " West — 272.45 feet; thence South 89°01 '36" East — 429.91 feet; thence South 00° 18'57" East — 205 .68 feet; thence South 89°54'04" West — 1 ,326.64 feet to the POINT OF BEGINNING, containing 57.00 acres, more or less. Planning Commis*1 • January 13, 2003 Page 51 Aviles: Our last item tonight is the companion rezoning to this annexation, it is RZN 03-4.00 submitted by Michele Harrington of Harrington, Miller, Neihouse & Krug on behalf of Gary Brandon of Gary Brandon Enterprises for property owned by George and Saralee Anderson and located at 3632 E. Zion Road. The property is in the Planning Area (requesting annexation to A- 1 , Agricultural) and contains approximately 57.00 acres. This request is to rezone to R- 1 , Low Density Residential. Staff is recommending approval. Shelli, could you enlighten us please? Rushing: Yes. The applicant is proposing to construct single-family homes on the subject property. As we mentioned in the accompanying annexation request, the rezoning could result in 228 units as a maximum based on what is permitted in the R- 1 district at four units per acre. The population could be a total of 504 persons. Using Trip Generation rates, the average weekday two-way volume would be approximately 2, 182 with the Saturday volume being 2,301 . Once again, both George Anderson and Zion are designated as collectors in this location. A collector is designed for 4,000 vehicles per day, or 6,000 vehicles per day with a left turn bay. General Plan 2020 designates this site residential. Police, Fire and Engineering had the same comments as they did for the Annexation that we just heard. Aviles: Thanks Shelli. Is the applicant present? Harrington: Mickey Harrington representing the owners, the Andersons and Gary Brandon, the developer. I am here to answer any questions that you may have. Aviles: Is there any member of the audience that would like to comment on the requested rezoning? Seeing no one, I will bring it back to the applicant and Commission for further discussion, comments, or motions. MOTION: Hoover: I will make a motion to recommend approval of RZN 03-4.00 by the City Council. Aviles: There is a motion by Commissioner Hoover, is there a second? Bunch: I will second. Aviles: There is a second by Commissioner Bunch, is there any further discussion? Renee, call the roll please. Planning Commis* • January 13, 2003 Page 52 Roll Call: Upon the completion of roll call the motion to recommend approval of RZN 03-4.00 by the City Council was approved by a vote of 8-0- 1 with Commissioner Estes abstaining. Aviles: Thank you. The motion carries by a vote of eight to zero with one abstention. Meeting adjourned: 7:38 p.m.