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
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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.
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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.
