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HomeMy WebLinkAboutOrdinance 4519 ORDINANCE NO, 4519 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 03-18.00 AS SUBMITTED BY GEOFF BATES OF KEYSTONE CONSULTANTS ON BEHALF OF JAMES COGER FOR 18.38 ACRES LOCATED NORTH OF MT. COMFORT ROAD AND WEST OF RUPPLE ROAD. 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 R-A, Residential Agricultural to RSF-4, Residential Single-Family, Four Units Per Acre 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 7`h day of October, 2003 . P� ETtt p t . le , •� APPROVED: v � ,�; By: ANC DY, Kran a..:.-� 111 By: Aok4 AJ A.Jm >( SONDRA SMITH, City Clerk I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII Doc ID : 006635810002 TVDe . REL Recorded : 10/24/2003 at 08 : 14 : 48 AM Fee Amt : $11 . 00 v . A 1 of 2 eettewashinaton aM County . AR Bette Stamps circuit Clerk F11e2003-00055992 EXHIBIT "A" RZN 03-18.00 A PART OF THE FRACTIONAL NW 1/4 OF SECTION 1 , TOWNSHIP 16 NORTH, RANGE 31 WEST, AND PART OF THE SOUTH ONE HALF OF SECTION 31 , TOWNSHIP 17 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SWI/4 OF SAID SECTION 31 , THENCE S0300312811W 255 .42 FEET TO AN IRON PIN FOUND AT THE NORTHWEST CORNER OF A TRACT OF LAND RECORDED AS DEED 2002101566; THENCE S03°11 '30"W 831 .42 FEET TO AN IRON PIN FOUND ON THE NORTH RIGHT-OF-WAY LINE OF MOUNT COMFORT ROAD; THENCE ALONG SAID NORTH RIGHT- OF-WAY LINE N87051 '54"W 514.65 FEET TO A FOUND IRON PIN; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE NO3006'36"E 1458.56 FEET TO A FOUND IRON PIN; THENCE N71 °57'36"E 552.65 FEET; THENCE S03005'59"W 562.37 FEET TO THE POINT OF BEGINNING, CONTAINING 18.38 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. Washington County , All I certify this instrument was filed on 1012412003 09:14'.48 AM and recorded in Real Estate File Number 2003-00055992 Bette Sttaam/Ps ' Circuit Clerk by vf/% V NAME OF FILE: Ordinance No. 4519 CROSS REFERENCE: Item # Date Document 1 09/16/03 Staff Review w/attachments: draft ordinance memo to mayor & city council memo to planning commission copy of §161 .07 letter from fire marshal letter from police dept letter from Keystone Consultants letter from Keystone Consultants copy of Future Land Use copy of Close Up View copy of One Mile View 2 10/13/03 memo to Dawn Warrick 3 10/17/03 Affidavit of Publication NOTES : 10/24/2003 filed with the Washington County Circuit Clerk NORTHWEST ARKANSA*EDITION Arkansas Democrat (f)azeW REcFn�Fp OCT 2 2 2003 cf� c, , t f r �w�LE AFFIDAVIT OF PUBLICATIONQ c6C rJOFFIOE I , jrOJAL do solemnly swear that I am Leg I Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell , Arkansas, and that from my own personal knowledge and reference to the files of said publication , that advertisement of: Alliinflo 0 ) '- I51q was inserted in the regular editions on Po# (M- EYE t � -MI ** Publication Charge: $ � g Subscribed and swom to before me this ap+w day of ( / c �-o 6 er- 2003. ORDINANCE NO. eBfE t AN ORDINANCEREZONING THAI;FROPFxRTVj DESCRIBED IN ! '- - - ' -' - ' ..{ I REZONING PETITION RZN 03.18.06) AS SUBMITTED BY n GEOFF BATES OF KEYSTONE CONSULTANTS ON BEOF JAMES HALF R FOR 18.38 ACRES LOCATED NO MT. COMFORT ROAD AND WEST OF RI RROAD.RTH OF My of Vf c 'l Notary Public De R ORDAINED EY THE CRY COUNCIL OF THE Cm OF FA ffSIRLLa, ARIMI Section 1 , That Ya zone oosssi :ss n of its IoWg desr+lbed Woperry is hereby Changed as follows: My Commission Expires: o2 as 4V/3 Frem R-A, Resderaal Agncu"o to RSF4, Residential Sigle Foi Fou Ums Per Ape as sno nin Ex blt 'A' attached hereto and r e a pert hereof. Section 2. That Ina offxYal Zoning mop of the City of Fayeheville, Nlvkansas. Is heresy arerxfe(i to reflect) Affidavit. this zoning change provided in Section 1 above. "* PASSED °"' NbM APPROVED ' 'N 'gr of OebEel' 2003.Please do not pay from Al ll APPROVED: An invoice will be sent DAN DOODY Maio. ATTEST: By. SONDRA EIIRX, CRY Clerk EXHIBR 'A' Official Seal _ RZND3-ie.00 SEAN-MICHAEL ARGO A PART OF THE FRACTIONAL NW 114 OF SECTION I, TOWNSHIP IB NORTH. RANGE 3I WEST, AND PART OF THE SOUTH ONE HALF OF.SECT10N 31, TOWNSHIP 17 NORTH, RANGE 30 WEST OF THEI Notary Public-Arkansas FIFTH PRINCIPAL MERIDIAN, WALHINGTON COUNTY, ARKANSAS, AND BEING MOREI WASHINGTON COUNTY PARTICULARLY DESCRIBED AS FOLLOA : My Commission Expires 07.25-201 BEGINNING AT THE SOUTHEAST CORNER OF THE SW114 OF SAID SECTION 31, THENCE S03'03'28-W 255.42 FEET TO AN IRON PIN FOUND AT THE NORTHWEST CORNER OF A TRACT O LAND RECORDED AS DEED 2002101588; THENCE SM-1 1-30-W831.42 FEET TO AN IRON RN FOUND ON THE NORTH RIGHT-OF-WAY UNE OF MOUNT COMFORT ROAD;THENCE ALONG SAI NORTH RIGHT-OF-WAY UNE NB7•S1'S4W 514.65 FEET TO A FOUND IRON PIN: THENC DEPARTING SAID NORTH RN'iM-0F-WAY UNE NO3° '36'E 1458.58 FEET TO A FOUND IRON PIN THENCE W1057'36-E 552.65 FEET, THENCE- 503'05'59" 562.37 FEET TO THE POINT O BEGINNING, CONTAINING 18.38 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENT COVENANTS OR RESTRICTIONS OF RECORD OR FACT. 212 NORTH EAST AVENUE P.O. BOX 1607 FAYEI I Exvv ., „t,r. i-lomo rZ /uz- • (5U1 ) 442-1700 tl STAFF *IEW FORM - NON-FINANCIAL LIGATION o RD io / 7 � o3 x AGENDA REQUEST � S For the Fayetteville City Council Meeting of: September 16, 2003 FROM: Dawn Warrick Planning CP&E Name Division Department ACTION REQUIRED: Ordinance Approval. SUMMARY EXPLANATION: RZN 03- 18.00 was submitted by Geoff Bates of Keystone Consultants on behalf of James Coger for property located north of Mt. Comfort Road and west of Rupple Road. The subject property is proposed to be annexed into the City of Fayetteville and contains approximately 18.38 acres. The request is to rezone from R-A, Residential Agricultural to RSF-4, Residential Single-Family, four units per acre. STAFF RECOMMENDATION: Staff recommends approval . n JI( AlLyl S221t', 4/ Received in Mayor's Office 1-22163 Division Head / Date Date 7 City Attomf y Date Cross Reference: Department Director Date h4z Previous Ord/Res#: Fin ice & Internal Services Dir. Date Orig. Contract Date: 9 A1,0; Orig. Contract Number: Chief A inis rative Officer Date New Item: Yes No Z�S O Mayor Date x o3 i • ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 03- 18.00 AS SUBMITTED BY GEOFF BATES OF KEYSTONE CONSULTANTS ON BEHALF OF JAMES COGER FOR 18.38 ACRES LOCATED NORTH OF MT. COMFORT ROAD AND WEST OF RUPPLE ROAD. BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification o thefollowing described 11 \property is hereby changed as follows: oto From R-A, Residential AgriculturaltoResidential S ,Family, Four Units Per Acre as shown in Exhibit "A" attached�hereto and ma`de_apart hereof. Section 2. That the of5ci��" map of the City of Fayetteville, Arkansas, is hereby amended to reflect4he zoning change provided in Section 1 above. `� \`\ _' PASSED AND APPROVED this da of> \flj 2003. APPROVED: By: D'AN COODY, Mayor ATTEST: By: Y Sondra Smith; Cis ty Clerk EXHIBIT "A" RZN 03-18.00 A PART OF THE FRACTIONAL NW I /4 OF SECTION 1 , TOWNSHIP 16 NORTH, RANGE 31 WEST, AND PART OF THE SOUTH ONE HALF OF SECTION 31 , TOWNSHIP 17 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER/OF THE SWI/4 OF SAID SECTION 31 , THENCE S0300312811W 255 .42'FEET TO AN IRON PIN FOUND AT THE NORTHWEST CORN 4NN TRACT OF LAND RECORDED AS DEED 2002101566; THENCE S039\ 30�W 831 .42 FEET TO AN IRON PIN FOUND ON THE NORTH RIGHT—O =WAY LINE OF ,: MOUNT COMFORT ROAD; THENCE ALONG SAID N04% RIGHT- OF-WAY LINE N87051 '54"W%-5 4 65 FEETN,TO A FOUNNROf4 PIN; THENCE DEPARTING SAIDNORTI7r RJGHT-OF-Wk#I LINE NO3006'36"E 1458 .56 FEET TO AFOUND IRON PIN; THENCE N71 °57'36"E 552.65 FEET; THENCE S03005'59"W 562.37 FEET TO THE POINT OF BEGINNING;CONTAINING 18>38?ACRES, MORE OR LESS. SUBJECT TO ANY EASE NTS, COVENANT/S'OR RESTRICTIONS Ile OF RECORD OR FACT. �` v • • FAYETTEVILLE CC Meeting of September 16, 2003 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM: Dawn Warrick, Zoning & Development Administrator, AICD''-1 THRU: Tim Conklin, AICP, Community, Planning & Engineering Services Director DATE: August 26, 2003 RZN 03-18.00: Rezoning (James Coger, PP 321) was submitted by Keystone Consultants, Inc. on behalf of James Coger for property located north of Mt. Comfort Road and west of Rupple Road. The property is currently zoned R-A, Residential Agricultural and contains approximatelyl8.38 acres. The request is to rezone the subject property to RSF-4, Residential single family, 4 units/acre. BACKGROUND: Property description: The subject property is vacant. The property is adjacent to the city limits along the eastern boundary where the Clabber Creek subdivision is under construction. The proposed zoning would allow for development of a single family subdivision containing a maximum of 73 lots. Proposal: The applicant proposes to develop a single family subdivision on the subject property. Request: The request is to rezone the property RSF-4. CURRENT STATUS: This item is a part of a group of annexation and rezoning requests for adjoining properties. On August 26, 2003, the Planning Commission voted 8-0-0 to forward this request to the City Council with a recommendation for approval of a rezoning to the RSF-4 district. There was no public comment on this item during the public hearing before the Planning Commission. RECOMMENDATION: The Planning Commission and staff recommend approval of this rezoning based on the findings included as a part of the attached staff report. K.6ReperuQ003UC REPOR7SLSeptember meetingsLzn03-18_mger_cc_memo.dw • i FAYETTEVILLE PC Meeting of August 25 , 2003 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dawn Warrick, Zoning & Development Administrator, AICP THRU: Tim Conklin, AICP, Community, Planning & Engineering Services Director DATE: August 21 , 2003 RZN 03-18.00: Rezoning (James Coger, PP 321) was submitted by Keystone Consultants, Inc. on behalf of James Coger for property located north of Mt. Comfort Road and west of Rupple Road. The property is currently zoned R-A, Residential Agricultural and contains approximatelyl8 .38 acres. The request is to rezone the subject property to RSF-4, Residential single family, 4 units/acre. RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report. PLANNING COMMISSION ACTION: Required YES X Approved O Denied Date: August 25, 2003 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: September 16, 2003 (1St reading if recommendcdl BACKGROUND: Property description: The subject property is vacant. The property is adjacent to the city limits along the eastern boundary where the Clabber Creek subdivision is under construction. The proposed zoning would allow for development of a single family subdivision containing a maximum of 73 lots. Proposal: The applicant proposes to develop a single family subdivision on the subject property. Request: The request is to rezone the property RSF-4. K. IReportr110031PC REPORTS108-151rzn03-18_mger_re .doc SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Vacant / Agricultural R- 1 , Low Density Residential South Single Family Residential R- 1 , Low Density Residential East Clabber Creek Phase II SFR R-1 , Low Density Residential West Vacant County, No Designated Zoning INFRASTRUCTURE: Streets: Access and the only available street frontage is on Mt. Comfort Rd. along the south boundary of the site. Mt. Comfort Rd. in this location is classified a minor arterial on the master street plan. It is not built to that standard. If development occurs on this site, Mt. Comfort Road would need to be improved to a minimum of 14 'f rom centerline including pavement, curb and gutter, storm drains and sidewalk. Water: The property currently has access to a 4" and 8" waterline along Mt. Comfort Road. The Clabber Creek Phase II subdivision to the east also has 8" lines proposed. Sewer: Sewer is not currently available to this property. The nearest sewer main is located to the south of Mt. Comfort Road. This area of town has been identified as an area of concern for sewer service. The Hamestring Creek lift station is currently being upgraded to handle existing flows and any development proposed at the time of the study earlier this year. This upgrade should be completed this summer. Fire: The subject property is located 3 .4 miles from Fire Station #2. Normal driving time is 5 min. 9 seconds. Water supply will be necessary for this property to develop. LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property to RSF-4 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. K.'Tepom12003WC RUOR7nO8-I51rzn03-18mger_rmdoc Finding: The proposed zoning for a single family residential subdivision is compatible with proposed adjacent and nearby residential uses. The general plan designates this area for residential uses. Access and provision of adequate services must be considered as this site is at the outskirts of the city and located on a street which needs improvement. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is justified in order to promote orderly and consistent development patterns making use of existing infrastructure. The rezoning is needed for the development of a single family subdivision as proposed by the applicant. A subdivision in the R-A district could be developed, however the lot size requirement would not allow for efficient use of existing infrastructure and provide compatibility with adjoining developments. 3 . A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will provide additional traffic on Mt. Comfort Rd. and other streets in the area. Off-site improvements would likely be necessary in order to provide safe access to this site. 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: The proposed zoning would increase population density. The tract under an R-A, Residential Agricultural designation would allow for a maximum of 36 dwelling units. With the proposed RSF-4 designation, 73 dwelling units would be permitted. This increases the possible number of residential units by 100%. Engineering - The property currently has access to a 4" water line and an 8" along Mt. Comfort Road. This line will be adequate to serve the proposed density of the site. The site does not currently have access to sanitary sewer service. If annexed, sanitary sewer will be required to be extended at the time of development. There is a 15" sewer main located across the property to the south of Mt. Comfort Road. There will also be 8" sewer mains installed on the adjacent property for the already approved Clabber Creek 2 Subdivision which will begin construction soon. All of the lines flow to the Hamstring Creek Lift Station. The Hamstring Creek lift station is currently being upgraded to handle the existing flows and any development proposed at the time of the study earlier this year. This upgrade should be completed this summer. If development occurs on this site, street K.lRepora00031PC REPOR7S108-2547n03-18_mger_r".do